CHAPTER XXVII

ENVIRONMENT8bNagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological DiversityNagoya, 29 October 2010Entry into force12 October 2014, in accordance with article 33.Registration12 October 2014, No. 30619StatusSignatories92Parties141TextUnited Nations, <i>Treaty Series </i>, vol. 3008, p. 3 and doc.: <a href="/doc/source/docs/UNEP_CBD_COP_DEC_X_1-E.pdf" target="_blank">UNEP/CBD/COP/DEC/X/1</a> of 29 October 2010 C.N.115.2011.TREATIES-7 of 18 March 2011 (Proposal of corrections to the original text of the Protocol (French Version) and to the Certified true copies) and C.N.356.2011.TREATIES-26 of 17 June 2011(Corrections to the original text of the Protocol (French version) and to the certified true copies); C.N.711.2011.TREATIES-70 of 1 November 2011 (Proposal of corrections to the original text of the Protocol (French Version) and to the Certified true copies) and C.N.53.2012.TREATIES-88 of 31 January 2012 (Corrections to the original text of the Protocol (French version) and to the Certified true copies); C.N.825.2011.TREATIES-78 of 18 January 2012 (Proposal of corrections to the original text of the Protocol (Chinese Version) and to the Certified true copies) and C.N.200.2012.TREATIES-XXVII.8.b of 18 April 2012 (Corrections to the original text of the Protocol (Chinese version) and to the Certified true copies); C.N.429.2016.TREATIES-XXVII.8.b of 16 June 2016 (Proposal of corrections to the original text of the Protocol (Chinese Version) and to the Certified true copies) and C.N.625.2016.TREATIES-XXVII.8.b of 15 September 2016 (Corrections to the original text of the Protocol (Chinese version) and to the Certified true copies). The above Protocol was adopted on 29 October 2010 at Nagoya, Japan, during the tenth meeting of the Parties to the Convention on Biological Diversity. In accordance with its article 32, the Protocol will be opened for signature by Parties to the Convention at the United Nations Headquarters in New York from 2 February 2011 until 1 February 2012.

ParticipantSignatureApproval(AA), Acceptance(A), Accession(a), RatificationAfghanistan 6 Jun 2018 aAlbania29 Jan 2013 aAlgeria 2 Feb 2011 Angola 6 Feb 2017 aAntigua and Barbuda28 Jul 2011 12 Dec 2016 Argentina15 Nov 2011 9 Dec 2016 Australia20 Jan 2012 Austria23 Jun 2011 20 Jul 2018 Bahamas30 Dec 2021 aBahrain22 Feb 2022 aBangladesh 6 Sep 2011 10 Jan 2023 Belarus26 Jun 2014 aBelgium20 Sep 2011 9 Aug 2016 Benin28 Oct 2011 22 Jan 2014 Bhutan20 Sep 2011 30 Sep 2013 Bolivia (Plurinational State of) 6 Oct 2016 aBotswana21 Feb 2013 aBrazil 2 Feb 2011 4 Mar 2021 Bulgaria23 Jun 2011 11 Aug 2016 Burkina Faso20 Sep 2011 10 Jan 2014 Burundi 3 Jul 2014 aCabo Verde26 Sep 2011 Cambodia 1 Feb 2012 19 Jan 2015 Cameroon30 Nov 2016 aCentral African Republic 6 Apr 2011 27 Jul 2018 Chad31 Jan 2012 11 Oct 2017 China 8 Jun 2016 aColombia 2 Feb 2011 Comoros28 May 2013 aCongo23 Sep 2011 14 May 2015 Costa Rica 6 Jul 2011 Côte d'Ivoire25 Jan 2012 24 Sep 2013 Croatia 2 Sep 2015 aCuba17 Sep 2015 aCyprus29 Dec 2011 Czech Republic23 Jun 2011 6 May 2016 Democratic People's Republic of Korea 1 Oct 2019 aDemocratic Republic of the Congo21 Sep 2011 4 Feb 2015 Denmark<superscript>1</superscript>23 Jun 2011 1 May 2014 AADjibouti19 Oct 2011 1 Oct 2015 Dominican Republic20 Sep 2011 13 Nov 2014 Ecuador 1 Apr 2011 20 Sep 2017 Egypt25 Jan 2012 28 Oct 2013 El Salvador 1 Feb 2012 Equatorial Guinea 4 Oct 2023 aEritrea13 Mar 2019 aEstonia19 Dec 2018 aEswatini21 Sep 2016 aEthiopia16 Nov 2012 aEuropean Union23 Jun 2011 16 May 2014 AAFiji24 Oct 2012 aFinland23 Jun 2011 3 Jun 2016 AFrance20 Sep 2011 31 Aug 2016 Gabon13 May 2011 11 Nov 2011 AGambia 3 Jul 2014 aGermany23 Jun 2011 21 Apr 2016 Ghana20 May 2011 8 Aug 2019 Greece20 Sep 2011 14 Feb 2020 Grenada22 Sep 2011 Guatemala11 May 2011 18 Jun 2014 Guinea 9 Dec 2011 7 Oct 2014 Guinea-Bissau 1 Feb 2012 24 Sep 2013 AGuyana22 Apr 2014 aHonduras 1 Feb 2012 12 Aug 2013 Hungary23 Jun 2011 29 Apr 2014 India11 May 2011 9 Oct 2012 Indonesia11 May 2011 24 Sep 2013 Ireland 1 Feb 2012 28 Apr 2023 Italy23 Jun 2011 Japan11 May 2011 22 May 2017 AJordan10 Jan 2012 10 Jan 2012 Kazakhstan17 Jun 2015 aKenya 1 Feb 2012 7 Apr 2014 Kiribati 4 Jun 2021 aKuwait 1 Jun 2017 aKyrgyzstan15 Jun 2015 aLao People's Democratic Republic26 Sep 2012 aLebanon 1 Feb 2012 13 Oct 2017 Lesotho12 Nov 2014 aLiberia17 Aug 2015 aLithuania29 Dec 2011 Luxembourg23 Jun 2011 25 Oct 2016 Madagascar22 Sep 2011 3 Jul 2014 Malawi26 Aug 2014 aMalaysia 5 Nov 2018 aMaldives 1 Jul 2019 aMali19 Apr 2011 31 Aug 2016 Malta 1 Dec 2016 aMarshall Islands10 Oct 2014 aMauritania18 May 2011 18 Aug 2015 Mauritius17 Dec 2012 aMexico24 Feb 2011 16 May 2012 Micronesia (Federated States of)11 Jan 2012 30 Jan 2013 Mongolia26 Jan 2012 21 May 2013 Montenegro14 Aug 2020 aMorocco 9 Dec 2011 22 Apr 2022 Mozambique26 Sep 2011 7 Jul 2014 Myanmar 8 Jan 2014 aNamibia15 May 2014 aNepal28 Dec 2018 aNetherlands (Kingdom of the)<superscript>2</superscript>23 Jun 2011 19 Aug 2016 ANicaragua12 Jun 2020 aNiger26 Sep 2011 2 Jul 2014 Nigeria 1 Feb 2012 29 Jun 2022 Norway11 May 2011 1 Oct 2013 Oman23 Jun 2020 aPakistan23 Nov 2015 aPalau20 Sep 2011 13 Jun 2018 Panama 3 May 2011 12 Dec 2012 Peru 4 May 2011 8 Jul 2014 Philippines29 Sep 2015 aPoland20 Sep 2011 Portugal20 Sep 2011 11 Apr 2017 AAQatar25 Jan 2017 aRepublic of Korea20 Sep 2011 19 May 2017 Republic of Moldova25 Jan 2012 23 Aug 2016 Romania20 Sep 2011 22 May 2019 Rwanda28 Feb 2011 20 Mar 2012 Samoa20 May 2014 aSao Tome and Principe10 Jan 2017 aSaudi Arabia10 Jul 2020 aSenegal26 Jan 2012 3 Mar 2016 Serbia20 Sep 2011 30 Oct 2018 Seychelles15 Apr 2011 20 Apr 2012 Sierra Leone 1 Nov 2016 aSlovakia29 Dec 2015 aSlovenia27 Sep 2011 Solomon Islands24 Oct 2019 aSomalia 9 Jan 2012 South Africa11 May 2011 10 Jan 2013 Spain21 Jul 2011 3 Jun 2014 St. Kitts and Nevis 5 Sep 2018 aSt. Lucia14 Mar 2022 aSudan21 Apr 2011 7 Jul 2014 Sweden23 Jun 2011 8 Sep 2016 Switzerland11 May 2011 11 Jul 2014 Syrian Arab Republic 5 Apr 2013 aTajikistan20 Sep 2011 12 Sep 2013 Thailand31 Jan 2012 Togo27 Sep 2011 10 Feb 2016 Tonga 3 Oct 2019 aTunisia11 May 2011 27 Aug 2021 Turkmenistan 4 Nov 2020 aTuvalu28 Aug 2018 aUganda25 Jun 2014 aUkraine30 Jan 2012 15 Feb 2022 United Arab Emirates12 Sep 2014 aUnited Kingdom of Great Britain and Northern Ireland23 Jun 2011 22 Feb 2016 United Republic of Tanzania19 Jan 2018 aUruguay19 Jul 2011 14 Jul 2014 Vanuatu18 Nov 2011 1 Jul 2014 Venezuela (Bolivarian Republic of)10 Oct 2018 aViet Nam23 Apr 2014 aYemen 2 Feb 2011 Zambia20 May 2016 aZimbabwe 1 Sep 2017 aArgentinaDeclaration:The Argentine Republic declares that the provisions on benefit-sharing in this Protocol are applicable to genetic resources and their derivatives.Likewise, the provisions of this Protocol are applicable to the benefits arising from the utilization of genetic resources and their derivatives originating in the Argentine Republic and acquired after the entry into force of the Convention on Biological Diversity.The Argentine Republic declares that, under article 4, paragraph 4, of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity, this does not apply in respect of the genetic resources covered by the International Treaty on Plant Genetic Resources for Food and Agriculture or in respect of the specific genetic resources covered by any other international access and benefit-sharing instrument that does not run counter to the objectives of the Convention on Biological Diversity and the Protocols thereto, which are in effect on the date of its entry into force.BelgiumUpon signature“This signature engages also the French Community, the Flemish Community, the German-speaking Community, the Walloon Region, the Flemish Region and the Brussels-Capital Region.”Brazil<right>4 March 2021</right>Declarations made upon ratificationI - In accordance with the terms of article 28 of the Vienna Convention on the Law of Treaties, regarding the application of paragraph 2 of article 33 of the Protocol, the provisions of the Nagoya Protocol, for the purpose of its implementation, shall not have retroactive effects;II - in accordance with the terms of article 8(c) of the Protocol, the economic exploitation for agricultural activities, in accordance with the definition provided for in Act N. 13.123, of 20 May 2015, resulting from reproductive material from species introduced in the country by human action before the entry into force of the Protocol shall not be subject to the sharing of benefits foreseen in the Protocol;III - in accordance with the provision on article 2 read in conjunction with paragraph 3 of article 15 of the Convention on Biological Diversity, and considering the application of the provisions in articles 5 and 6 of the Protocol, Brazil considers as found in “in situ” condition the species and varieties that form spontaneous populations that have acquired distinctive characteristics in the country and the traditional local variety or breed locally adapted, as per the definition in domestic legislation, in particular article 2 of Act N. 13.123, of 20 May 2015, with a framing of this country under the concept of “country of origin” of these genetic resources;IV - Act N. 13.123, of 20 May of 2015, is considered the domestic law for the implementation of the Nagoya Protocol.ChinaDeclaration:Unless otherwise notified by the Government of the People’s Republic of China, the Protocol shall not apply to the Hong Kong Special Administrative Region of the People’s Republic of China and the Macao Special Administrative Region of the People’s Republic of China.European UnionDeclaration:“The European Union declares that, in accordance with the Treaty on the Functioning of the European Union, and in particular Article 191 thereof, it is competent for entering into international agreements, and for implementing the obligations resulting therefrom, which contribute to the pursuit of the following objectives:- preserving, protecting and improving the quality of the environment;- protecting human health;- prudent and rational utilisation of natural resources;- promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combatting climate change.Moreover, the European Union adopts measures at Union level for establishing a European Research Area and for the proper functioning of its internal market.The exercise of Union competence is by its nature subject to continuous development. In order to comply with its obligations under Article 14 (2) (a) of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention of Biological Diversity, the Union will keep up-to-date the list of legal instruments to be transmitted to the Access and Benefit-Sharing Clearing-House.The European Union is responsible for the performance of those obligations resulting from this Protocol which are covered by Union law in force.”FranceDeclaration:1. The French Republic reiterates the declaration that it made upon the ratification of the Convention on Biological Diversity concerning article 16 on the transfer of technology, with regard to the implementation of articles l and 23 of the Protocol.2. The French Republic recalls the terms of decision UNEP/CBD/COP/DEC/ XII/12 of 25 June 2014 in connection with the use of the term 'indigenous peoples and local communities' instead of the term 'indigenous and local communities' found in various provisions of the Protocol:- The use of the term 'indigenous peoples and local communities' in future decisions and all secondary documents under the Protocol shall have no effect on the legal meaning of the articles of the Protocol that use the term 'indigenous and local communities';- The use of the term 'indigenous peoples and local communities' cannot be interpreted as implying for any Party the amendment of rights or obligations under the Protocol;- The use of the term 'indigenous peoples and local communities' in future decisions and all secondary documents shall not serve as a context for the interpretation of the Protocol, or a subsequent agreement nor subsequent practice, among the Parties to the Protocol, within themeaning of article 31 of the Vienna Convention on the law of treaties of 23 May 1969, which codifies customary international law in this area.With reference to the declaration that it made during the adoption of the United Nations Declaration on the Rights of Indigenous Peoples of 13 September 2007, France would recall that, in accordance with the constitutional principles of the indivisibility of the Republic and the unity of the French people, the French people is composed of all French citizens without distinctionbased on origin, race or religion. Under those principles and the principle of the equality of citizens before the law, only the French people as a whole can be granted rights.Syrian Arab RepublicDeclaration:The accession of the Syrian Arab Republic to this Protocol shall in no way imply its recognition of Israel or entail its entry into any dealings with Israel in the matters governed by the provisions thereof.1 Upon its Approval of the Protocol, the Government of Denmark notified the Secretary-General that the Protocol shall not apply in respect of Greenland and the Faroe Islands. 2For the European part and the Caribbean part (the Islands of Bonaire, Sint Eustatius and Saba) of the Netherlands.