REPORT OF THE AD HOC OPEN-ENDED WORKING GROUP ON ACCESS AND BENEFIT-SHARING ON THE WORK OF ITS SIXTH MEETING INTRODUCTION

Transcription

1 CBD CONFERENCE OF THE PARTIES TO THE CONVENTION ON BIOLOGICAL DIVERSITY Ninth meeting Bnn, May 2008 Item 4.1 f the prvisinal agenda* Distr. GENERAL UNEP/CBD/COP/9/6 31 January 2008 REPORT OF THE AD HOC OPEN-ENDED WORKING GROUP ON ACCESS AND BENEFIT-SHARING ON THE WORK OF ITS SIXTH MEETING INTRODUCTION ORIGINAL: ENGLISH 1. The sixth meeting f the Ad Hc Open-ended Wrking Grup n Access and Benefit-sharing was held at the United Natins Office at Geneva frm 21 t 25 January The meeting was attended by representatives f the fllwing Parties and ther Gvernments: Algeria, Angla, Antigua and Barbuda, Argentina, Australia, Austria, Bahamas, Bangladesh, Belgium, Benin, Bhutan, Brazil, Burkina Fas, Cambdia, Camern, Canada, Central African Republic, Chad, Chile, China, Clmbia, Csta Rica, Cratia, Cuba, Czech Republic, Demcratic Republic f the Cng, Denmark, Djibuti, Dminica, Ecuadr, Egypt, El Salvadr, Ethipia, Eurpean Cmmunity, Finland, France, Gabn, Germany, Grenada, Guinea, Guinea-Bissau, Haiti, Hungary, India, Indnesia, Iran (Islamic Republic f),italy, Japan, Kenya, Liberia, Madagascar, Malawi, Malaysia, Mali, Mauritania, Mexic, Mrcc, Namibia, Nepal, Netherlands, New Zealand, Niger, Nigeria, Nrway, Pakistan, Palau, Paraguay, Peru, Philippines, Prtugal, Republic f Krea, Republic f Mldva, Saint Lucia, Senegal, Seychelles, Singapre, Slvenia, Suth Africa, Spain, Sweden, Switzerland, Tajikistan, Thailand, Timr- Leste, Tg, Tunisia, Trinidad and Tbag, Uganda, Ukraine, United Kingdm f Great Britain and Nrthern Ireland, United Republic f Tanzania, United States f America, Viet Nam, Yemen, Zambia, Zimbabwe. 3. Observers frm the fllwing United Natins bdies, specialized agencies and ther bdies als attended: Fd and Agriculture Organizatin f the United Natins (FAO), Glbal Envirnment Facility (GEF), Internatinal Treaty fr Plant Genetic Resurces fr Fd and Agriculture (ITPGRFA), Permanent Frum n Indigenus Issues (PFII), United Natins Envirnment Prgramme (UNEP), United Natins University (UNU). 4. The fllwing rganizatins were als represented by bservers: African Centre fr Bisafety; African Unin; ALMACIGA-Grup de Trabaj Intercultural; American BiIndustry Alliance (ABIA); Andean First Natins Cuncil; Asciacin de la Juventud Indigena Argentina; Asciación Ixacavaa De Desarrll e Infrmación Indígena; Baikal Buryat Center fr Indigenus Cultures; Berne Declaratin; Bitechnlgy Industry Organizatin; Btanic Gardens Cnservatin Internatinal; Center fr Internatinal Sustainable Develpment Law; Centre fr Ecnmic and Scial Aspects f Genmics; Centre fr Organisatin, Research & Educatin; Centr de accin Legal-Ambiental y Scial de Guatemala; Centr de Cperacin al Indigena; Centr de Estudis Multidisciplinaris Aymara; Chisasibi Business Service Centre; Church Develpment Service (Evangelischer Entwicklungsdienst); * UNEP/CBD/COP/9/1. In rder t minimize the envirnmental impacts f the Secretariat s prcesses, and t cntribute t the Secretary-General s initiative fr a C-Neutral UN, this dcument is printed in limited numbers. Delegates are kindly requested t bring their cpies t meetings and nt t request additinal cpies.

2 Page 2 Cmmissin fr Envirnmental Cperatin (CEC); Cnsej Autnm Aymara; Cnsultative Grup n Internatinal Agricultural Research (CGIAR); Cperativa Eclgica das Mulheres Extrativistas d Maraj; CrpLife Internatinal; Dena Kayeh Institute; Deutsche Frschungsgemeinschaft (German Research Fundatin); ECOROPA; Edmnds Institute; Emerging Indigenus Leaders Institute; ETC Grup; Eurpean Federatin f Pharmaceutical Industries and Assciatins; Eurpean Seed Assciatin; Federacin de cmunidades Nativas Frnterizas del Putumay; Frum Envirnment & Develpment; Fundación para la Prmción del Cncimient Indígena; Fundacin Tinku; Gent University; Glax Smith Kline; Glbal Frest Calitin; Glbal Frest Calitin; Grand Cuncil f the Crees (Eeyu Istchee); Humbldt University - Berlin; INBRAPI (Brazilian Indigenus Institute fr Intellectual Prperty); Indigenus Infrmatin Netwrk; Indigenus Peples Cuncil n Biclnialism; Indigenus Wrld Assciatin f Hawaii; Institut du dévelppement durable et des relatins internatinales; Institut Hydr-Québec, Envirnnement, Dévelppement et Sciété; Institute fr Bidiversity; Intellectual Prperty Owners Assciatin; Inter Muntain Peples Educatin and Culture in Thailand Assciatin; Internatinal Alliance f Indigenus and Tribal Peples f the Trpical Frests; Internatinal Alliance f Indigenus and Tribal Peples f the Trpical Frests Surulere Lags; Internatinal Centre f Insect Physilgy and Eclgy (ICIPE); Internatinal Chamber f Cmmerce; Internatinal Develpment Research Centre; Internatinal Federatin f Pharmaceutical Manufacturers and Assciatins; Internatinal Institute fr Sustainable Develpment; Internatinal Research Institute fr Sustainability; Internatinal Seed Federatin; Irish Centre fr Human Rights/Natinal University f Ireland; IUCN - Envirnmental Law Centre; IUCN The Wrld Cnservatin Unin; J. Craig Venter Institute; Kummara Assciatin; MISEREOR; Natinal Abriginal Health Organizatin; Native Wmen's Assciatin f Canada; Natural Justice (Lawyers fr Cmmunities and the Envirnment); Nepal Indigenus Natinalities Preservatin Assciatin; Nepal Indigenus Natinalities Preservatin Assciatin; Netherlands Center fr Indigenus Peples; New Partnership fr Africa's Develpment; New Suth Wales Abriginal Land Cuncil; Organisatin Internatinale de la Francphnie; Organizacin Dad Nakue Dupbir; Research and Actin in Natural Wealth Administratin; Russian Assciatin f Indigenus Peples f the Nrth (RAIPON); Saami Cuncil; Sierra Club f Canada; Tebtebba Fundatin; The Eastern Dr; The Fridtjf Nansen Institute; The Institute f Cultural Affairs; Third Wrld Netwrk; Tinhinan; UNI PROBA; United Cnfederatin f Tain Peple; Universidade de Brasilia; Université de Sherbrke; Université de Sherbrke/CBD NGO Alliance; University f Ibadan; University f Malaya; West Africa Calitin fr Indigenus Peples' Rights (WACIPR); WWF Internatinal. ITEM 1. OPENING OF THE MEETING 5. The meeting was pened at 10 a.m. n Mnday, 21 January 2008, by Mr. Fernand Casas and Mr. Timthy Hdges, C-Chairs f the Ad Hc Open-ended Wrking Grup. Mr. Hdges recalled the mandate f the Wrking Grup and the prgress t date. He infrmed representatives that he and his C- Chair had spent the time since the fifth meeting f the Wrking Grup liaising with Gvernments, nngvernmental rganizatins, indigenus and lcal cmmunities and ther stakehlders, and remained cmmitted t engaging all interested parties in the discussins n access and benefit-sharing in rder t help the Wrking Grup achieve its mandate. He acknwledged that differences f pinin remained n a number f issues, but welcmed the number f pints f cnvergence that had begun t appear at, and since, the fifth meeting f the Wrking Grup. Thse wuld be a gd basis fr the cntinuatin f the negtiatins at the present meeting. He nted that calls fr prgress n the matter were amplifying as 2010 target drew clser, and that the success f the Cnventin was, in part, at stake in the present discussins n access and benefit-sharing. 6. Opening statements were made by Mr. Cimbra (Brazil) (n behalf f Ms. Marina Silva, Minister f the Envirnment f Brazil and current President f the Cnference f the Parties), and Mr. Ahmed Djghlaf, Executive Secretary f the Cnventin n Bilgical Diversity. 7. Mr. Cimbra (Brazil) said that Ms. Silva wuld have liked t attend the meeting persnally t share her thughts n the negtiatin f an internatinal regime n access and benefit-sharing, in accrdance with decisin VIII/4 A. As the current President f the Cnference f the Parties, it was her

3 Page 3 duty t highlight cuntries shared respnsibility t future generatins t fulfil the lng-term bjectives f the Cnventin by demnstrating plitical will and taking cncrete actin t implement the bjectives, decisins and agreements t which they were cmmitted natinally and internatinally. 8. Althugh she had becme smewhat apprehensive n receiving the reprt f the fifth meeting f the Wrking Grup, she trusted that the limited prgress achieved n that ccasin wuld nt deter participants frm mving frward with the negtiatins and presenting substantive recmmendatins t the ninth meeting f the Cnference f the Parties that wuld lead t the adptin f the internatinal regime by There was still an unacceptable level f precautin and resistance t prgress in the area f benefit-sharing. Yet the negtiatin f the access and benefit-sharing regime cnstituted a pririty fr develping cuntries. As nted by the Minister f Envirnment f Spain at the furth meeting f the Wrking Grup in Granada in 2006, the Grup needed t mve frm criteria, recmmendatins and guidelines t the establishment f a binding internatinal regime. 9. A cllective effrt t bst implementatin f the Cnventin was required by develped and develping cuntries alike, based n their respective capacities, and it was essential fr the develped cuntries t take the lead. Much remained t be dne t achieve the targets set fr There was n mre time fr rhetric r fr actin dissciated frm multilateral effrts. T act nw was a matter f respnsibility, cmmitment, visin, ethics and survival. 10. Mr. Djghlaf said that Geneva, the venue f the sixth meeting f the Wrking Grup, had been the hub f multilateral cperatin fr internatinal peace and security at the end f the First Wrld War. Sustainable develpment was a clsely related cntemprary aspiratin that called fr the implementatin f the three bjectives f the Cnventin n Bilgical Diversity. He hped that the current meeting wuld make a valuable cntributin t the building f an internatinal regime t achieve the third f thse bjectives, which was fair and equitable sharing f the benefits arising ut f the utilizatin f genetic resurces. There was n time t lse, because the regime wuld need t be adpted by the Cnference f the Parties at the tenth meeting, which the City f Nagya, Japan, has ffered t hst in He thanked Canada, Finland, France, Ireland, the Netherlands, Nrway, Sweden and Switzerland fr their generus financial supprt fr the cnvening f the meeting. He als expressed appreciatin t Austria, the Eurpean Cmmunity, Germany, Nrway, Spain and Sweden fr their vluntary cntributins that had enabled the attendance f 58 participants frm develping cuntries and cuntries with ecnmies in transitin. 12. Nting that the current meeting was being held at a critical juncture in the negtiatins n an internatinal regime n access and benefit-sharing, he invited Parties, ther Gvernments and all stakehlders t rise t the challenge under the able leadership f the C-Chairs. ITEM 2. ORGANIZATIONAL MATTERS 2.1. Officers 13. In keeping with established practice, the Bureau f the Cnference f the Parties acted as the Bureau f the meeting. As agreed by the Cnference f the Parties at its eighth meeting, Mr. Fernand Casas and Mr. Timthy Hdges served as C-Chairs f the Wrking Grup. 14. Ms. Mary Fsi Mbantenkhu (Camern), Vice-President f the Bureau, served as Rapprteur Adptin f the agenda 15. At the 1st sessin f the meeting, n 21 January 2008, the Wrking Grup adpted the fllwing agenda, n the basis f the prvisinal agenda (UNEP/CBD/WG/ABS/6/1): 1. Opening f the meeting. 2. Organizatinal matters. 3. Internatinal regime n access and benefit-sharing:

4 Page Cmpliance: (a) (b) (c) Measures t supprt cmpliance with prir infrmed cnsent and mutually agreed terms; Internatinally recgnized certificate f rigin/surce/legal prvenance; Mnitring, enfrcement and dispute settlement; 3.2. Traditinal knwledge and genetic resurces; 3.3. Capacity-building; 3.4. Nature, scpe and bjectives f the internatinal regime. 4. Other matters. 5. Adptin f the reprt. 6. Clsure f the meeting Organizatin f wrk 16. At the 1st sessin f the meeting, n 21 January 2008, the Wrking Grup adpted the rganizatin f wrk as prpsed in the anntatins t the prvisinal agenda (UNEP/CBD/WG-ABS/6/1/Add.1). 17. The C-Chair recalled that the fifth and sixth meetings f the Wrking Grup were t be treated as a single sessin, and that participants shuld view the present meeting as days six t ten f a ten-day sessin. He therefre requested that representatives take the flr nly t prvide new infrmatin r clarificatin f psitins stated previusly and nt t repeat statements and prpsals that they had already made at the fifth meeting. He, hwever, drew participants attentin t the additin t the agenda f a new tpic that had nt been discussed at the fifth meeting, namely, Nature, scpe and bjectives f the internatinal regime. 18. He said that he hped that, during the current meeting, the Wrking Grup wuld cnclude its general discussin f the items early in the week and be in a psitin t embark n mre specific and cncrete negtiatins n: (i) the verall bjective f the internatinal regime; (ii) the main cmpnents f the internatinal regime; and (iii) specific ptins fr thse main cmpnents. On the basis f the utcme f thse discussins, the Wrking Grup wuld als prepare a draft decisin fr cnsideratin at the ninth meeting f the Cnference f the Parties. 19. In that regard and t ensure that the meeting was as prductive as pssible, he urged representatives t make best use f the pprtunity t hld infrmal discussins in the margins f the meeting, as necessary. ITEM 3. INTERNATIONAL REGIME ON ACCESS AND BENEFIT-SHARING 20. The Ad Hc Open-ended Wrking Grup tk up agenda item 3 at the 1st sessin f meeting, n 21 January In cnsidering the item, the Wrking Grup had befre it the annex t decisin VIII/4 A f the Cnference f the Parties (UNEP/CBD/WG-ABS/5/2), a nte by the Executive Secretary n the analysis f gaps in existing natinal, reginal and internatinal legal and ther instruments relating t access and benefit-sharing (UNEP/CBD/WG-ABS/5/3), an verview f recent develpments at natinal and reginal levels relating t access and benefit-sharing (UNEP/CBD/WG-ABS/5/4), an verview f recent develpments at the internatinal level relating t access and benefit-sharing (UNEP/CBD/WG- ABS/5/4/Add.1), the reprt n the legal status f genetic resurces in natinal law, including prperty law, where applicable in a selectin f cuntries (UNEP/CBD/WG-ABS/5/5), the reprt f the Grup f Technical Experts n an Internatinally Recgnized Certificate f Origin/Surce/Legal

5 Page 5 Prvenance(UNEP/CBD/WG-ABS/5/7) and the reprt f the fifth meeting f the Wrking Grup (UNEP/CBD/WG-ABS/5/8). 22. It als had befre it, as infrmatin dcuments, the C-Chairs reflectins n prgress made by the Wrking Grup at its fifth meeting (UNEP/CBD/WG-ABS/6/INF/1), ntes by the C-Chairs n prpsals made at the fifth meeting f the Wrking Grup, a cmpilatin f submissins prvided by Parties, Gvernments, indigenus and lcal cmmunities and stakehlders n cncrete ptins n the substantive items n the agenda f the fifth and sixth meetings f the Wrking Grup (UNEP/CBD/WG-ABS/6/INF/3 and Add.1-3), and a study n access and benefit-sharing arrangements existing in specific sectrs (UNEP/CBD/WG-ABS/6/INF/4/Rev.1). 23. It als had befre it a number f infrmatin dcuments prepared fr the fifth meeting f the Wrking Grup, including a cmpilatin f submissins prvided by Parties and ther relevant rganizatins n issues f relevance t the internatinal regime n access and benefit-sharing (UNEP/CBD/WG-ABS/5/INF/1), a cmpilatin f submissins prvided by Parties n experiences in develping and implementing Article 15 f the Cnventin at the natinal level and measures taken t supprt cmpliance with prir infrmed cnsent and mutually agreed terms (UNEP/CBD/WG-ABS/5/INF/2 and Add. 1 and 2), an analytical study n administrative and judicial remedies available in cuntries with users under their jurisdictin and in internatinal agreements (UNEP/CBD/WG-ABS/5/INF/3), a dcument submitted by the Internatinal Chamber f Cmmerce n issues fr cnsideratin regarding an internatinally recgnized certificate f rigin/surce/legal prvenance (UNEP/CBD/WG-ABS/5/INF/4), a discussin paper submitted by the Gvernment f Japan n an internatinally recgnized certificate f rigin/surce/legal prvenance (UNEP/CBD/WG- ABS/5/INF/4/Add.1), a dcument prvided by ICIPE-African Insect Science fr Fd and Health n access t bicntrl agents t cmbat invasive alien species and the access and benefit-sharing regulatins (UNEP/CBD/WG-ABS/5/INF/5), the Wrkshp Reprt f the Certificate f Origin/Surce/Legal Prvenance in the African ABS Discussin (UNEP/CBD/WG-ABS/5/INF/7), the reprt f the first Capacity Develpment Wrkshp n Access and Benefit-sharing fr Africa (UNEP/CBD/WG-ABS/5/INF/8), and the reprt f the Internatinal Indigenus and Lcal Cmmunity Cnsultatin n Access and Benefit Sharing and the Develpment f an Internatinal Regime (UNEP/CBD/WG-ABS/5/INF/9). 3.1 Cmpliance 24. The Ad Hc Open-ended Wrking Grup tk up agenda item 3.1 at the 1st sessin f the meeting, n 21 January Mr. Fernand Casas, C-Chair f the Wrking Grup, reminded the meeting that agenda item 3.1 was divided int three sub-items: (a) measures t supprt cmpliance with prir infrmed cnsent and mutually agreed terms; (b) internatinally recgnized certificate f rigin/surce/legal prvenance; and (c) mnitring, enfrcement and dispute settlement. 25. Statements were made by the representatives f Brazil, Canada, Chile, China, Clmbia, Csta Rica, India, Indnesia, Japan, Malawi, New Zealand, Peru, Slvenia (n behalf f the Eurpean Cmmunity and its member States) and Switzerland. 26. A statement was als made by the representative f UNCTAD. 27. Statements were als made by the representatives f the Asian Indigenus Peples Caucus and the Fr Internacinal de las Cmunidades Lcales. 28. The representative f the IUCN als made a statement. 3.2 Traditinal knwledge and genetic resurces 29. The Ad Hc Open-ended Wrking Grup tk up agenda item 3.2 at the 2nd sessin f the meeting, n 21 January Statements were made by the representatives f Brazil, Canada, Csta Rica, Japan, New Zealand, Nrway, Slvenia (n behalf f the Eurpean Cmmunity and its member States) and Uganda (n behalf f the African grup).

6 Page The representative f the Internatinal Indigenus Frum n Bidiversity als made a statement. 32. The representative f the Internatinal Chamber f Cmmerce als made a statement Capacity-building 33. The Ad Hc Open-ended Wrking Grup tk up agenda item 3.3 at the 2nd sessin f the meeting, n 21 January Statements were made by the representatives f Algeria, Burkina Fas, Csta Rica, Gabn, Japan, Kenya, Malawi, Mexic, Pakistan, Peru, Senegal, Slvenia (n behalf f the Eurpean Cmmunity and its member States), Switzerland, Thailand, Timr-Leste and Tunisia. 35. Statements were als made by the representatives f the Fr Internacinal Indigena and the Red de Mujeres Indigenas. 36. The representative f IUCN als made a statement. 3.4 Nature, scpe and bjectives f the internatinal regime 37. The Ad Hc Open-ended Wrking Grup tk up agenda item 3.4 at the 2nd sessin f the meeting, n 21 January Objectives f the internatinal regime 38. Statements were made by the representatives f Algeria, Argentina, Australia, Brazil, Canada, Chile, Clmbia, Csta Rica, Cuba, El Salvadr, Ethipia, Grenada, Haiti, Kenya, Malaysia (n behalf f the Like-minded Megadiverse Cuntries), Mali, Mexic, Namibia, Nrway, Peru, Slvenia (n behalf f the Eurpean Cmmunity and its member States), Switzerland, Uganda (n behalf f the African Grup) and Zambia. 39. Statements were als made by the representatives f the Arctic Indigenus Peples Caucus, the Indigenus Wmen s Bidiversity Netwrk, the Internatinal Indigenus Frum n Bidiversity and six indigenus peples rganizatins (Indigenus Peples Cuncil n Bilclnialism, Internatinal Indian Treaty Cuncil, Fundatin fr the Prmtin f Indigenus Knwledge, Juventud Indigena Argentina, Cnsej Autónm Aymara, Centr Estudis Multidisciplinaris Aymara Blivia and United Cnfederatin f Tain Peples). 40. A statement, including a prpsal, was als made by the representative f the American BiIndustry Alliance. Scpe f the internatinal regime 41. Statements were made by the representatives f Algeria. Australia, Burkina Fas, Canada, Cuba, Egypt, El Salvadr, Ethipia, Grenada, Haiti, Japan, Malaysia (n behalf f the Like-minded Megadiverse Cuntries), Namibia, Nrway, Republic f Krea, Saint Lucia, Slvenia (n behalf f the Eurpean Cmmunity and its member States), Switzerland and Thailand. 42. A statement was als made by the representative f the Indigenus Wmen s Bidiversity Netwrk. 43. The Ad Hc Open-ended Wrking Grup resumed its discussin f agenda item 3.4 at the 3rd sessin f the meeting, n 22 January Statements were made by the representatives f Argentina, Brazil, Camern, Chile, China, Clmbia, Csta Rica, Dminican Republic, Ecuadr, Egypt, Guinea-Bissau, Indnesia, Mexic and Peru. 45. Statements were als made by the representatives f the Internatinal Treaty n Plant Genetic Resurces fr Fd and Agriculture and the Fd and Agriculture Organizatin f the United Natins (FAO).

7 Page Statements were als made by the representatives f the Cnsultative Grup n Internatinal Agricultural Research (CGIAR), the Asian Indian Peples Caucus (supprted by the African, Pacific and Arctic Indigenus Peples Caucuses) and six indigenus peples rganizatins (Indigenus Peples Cuncil n Bilclnialism, Internatinal Indian Treaty Cuncil, Fundatin fr the Prmtin f Indigenus Knwledge, Juventud Indigena Argentina, Cnsej Autónm Aymara, Centr Estudis Multidisciplinaris Aymara Blivia and United Cnfederatin f Tain Peples). 47. Statements were als made by the representatives f CrpLife Internatinal and the Intellectual Prperty Owners Assciatin. 48. The American BiIndustry Alliance (ABIA) submitted a statement in writing. Nature f the internatinal regime 49. Statements were made by the representatives f Algeria, Australia, Brazil, Camern, Canada, Central African Republic, Clmbia, Cuba, Egypt, El Salvadr, Ethipia, Gabn, Guinea, Indnesia, Japan, Kenya, Liberia, Malawi. Malaysia (n behalf f the Like-minded Megadiverse Cuntries), Mali, New Zealand, Nrway, Seychelles, Slvenia(n behalf f the Eurpean Cmmunity and its member States), Switzerland and Yemen. Actin by the Wrking Grup n item 3 as a whle 50. The Ad Hc Open-ended Wrking Grup decided at the 4th sessin f the meeting, n 22 January 2008, t set up an pen-ended cntact grup with Mr. René Lefeber (Netherlands) and Mr. Pierre du Plessis (Namibia) serving as c-chairs. 51. At the 5th sessin f the meeting, n 23 January 2008, Mr. René Lefeber, c-chair f the cntact grup n bjective and main cmpnents, reprted n the grup s discussins the previus day. An infrmal paper cntaining bracketed ptins under the heading Objective had been prduced. The ptins reflected all psitins in the frm f a simple and fcused bjective. Althugh there was still a cnsiderable measure f divergence, he believed that prgress had been made and that sme willingness t cmprmise was discernible. He drew attentin t the need t define a number f terms, in particular derivatives, misuse and misapprpriatin. 52. The c-chairs f the cntact grup had allwed an bserver t intrduce prpsed text n screen, making it clear that the prpsal culd nt be submitted t the plenary unless it was frmally supprted by a Party. That questin remained t be addressed by the cntact grup. The representative f Nrway expressed regret that it had nt been pssible t include the text submitted by the bserver representing indigenus and lcal cmmunities. He reminded participants that the eighth meeting f the Cnference f the Parties had decided that the negtiating prcess shuld be inclusive and facilitate the participatin f indigenus and lcal cmmunities. 53. The representatives f Canada, Slvenia (n behalf f the Eurpean Cmmunity and its member States), Malaysia (n behalf f the Like-minded Megadiverse Cuntries) and Japan requested that it be reflected in the reprt that there had been n pprtunity t negtiate the text n the Objective cntained in the infrmal paper. Mr. Hdges, C-Chair f the Wrking Grup, said that the cntent f the paper merely cnstituted the basis fr an evlving prcess f negtiatin. 54. The C-Chairs nted that the cntact grup wuld mve n at its next meeting t discuss the main cmpnents f the internatinal regime, endeavuring t define their cre cntent in simple language. 55. The C-Chairs drew attentin t an infrmal paper prepared by the Secretariat cntaining a draft recmmendatin frm the Wrking Grup n pssible elements f a decisin f the ninth sessin f the Cnference f the Parties n access and benefit-sharing. It was decided t set up a secnd pen-ended cntact grup t discuss the draft recmmendatin, with Mr. Linus Spencer Thmas (Grenada) and Mr. Françis Pythud (Switzerland) serving as c-chairs.

8 Page At the 6th sessin f the meeting, n 24 January 2008, Mr. René Lefeber, c-chair f the cntact grup n bjective and main cmpnents, reprted n the grup s discussins f the previus day. He infrmed the Wrking Grup that the unreslved issue f the pssible inclusin f a prpsal by an bserver had been settled fllwing endrsement by Haiti f the submitted text. 57. He said that the cntact grup had heard prpsals frm several grups and Parties, but had nt managed t hear frm all interested parties, wing t a lack f time. The c-chairs f the cntact grup had therefre requested that any utstanding prpsals be submitted in writing t the c-chairs befre the start f the 6th sessin. The c-chair explained that he and his c-chair wuld prepare anther infrmal paper, cmpiling thse submissins and reflecting the cntact grup s deliberatins t date, ready fr cnsideratin by the cntact grup at its next meeting. Finally, he appealed t all participants in the cntact grup t maintain their psitive attitude t the wrk in hand. 58. The C-Chairs f the Wrking Grup requested the cntact grup nt nly t cntinue its gd wrk n the bjective and main cmpnents f the internatinal regime, but als, at its next meeting, t begin cnsideratin f the scpe and nature f the internatinal regime. 59. At the 6th sessin f the meeting, n 24 January 2008, Mr. Françis Pythud, c-chair f the cntact grup n the draft recmmendatin frm the Wrking Grup n pssible elements f a decisin n access and benefit-sharing fr the cnsideratin f the ninth meeting f the Cnference f the Parties, reprted n the grup s discussins f the previus day. He said that he and his c-chair had prepared a new infrmal paper reflecting the utcme f the cntact grup s discussins t date and including all the written submissins received. He requested that the cntact grup be permitted t recnvene in rder t cntinue its deliberatins, albeit n the understanding that wrk n the draft recmmendatin wuld nt be cncluded until the ninth meeting f the Cnference f the Parties. 60. At the 7th sessin f the meeting, n 25 January 2008, Mr. Linus Spencer Thmas, c-chair f the cntact grup n the draft recmmendatin n pssible elements f a decisin n access and benefitsharing fr the cnsideratin f the ninth meeting f the Cnference f the Parties, reprted n the grup s discussins f the previus day. He cnveyed his thanks t all participants fr their hard wrk and the cmprmises that they had made. He reprted that, althugh the cntact grup had nt managed t remve all the square brackets in the infrmal paper, it had made substantial prgress. The c-chairs had prepared a new infrmal paper reflecting the cntact grup s deliberatins t date. 61. At the same sessin, Mr. René Lefeber, c-chair f the cntact grup n the bjective, main cmpnents, scpe and nature f the internatinal regime, reprted n the grup s discussins f that day and the previus afternn. He thanked participants fr their effrts and fr their submissins. He explained that the cntact grup had srted the prpsed elements int tw categries: cmpnents t be further elabrated with the aim f incrprating them int the internatinal regime; and cmpnents fr further cnsideratin. He stressed that the cmpnents fr further cnsideratin shuld nt be cnsidered as being less imprtant than thse n which there had been agreement, saying that sme f the mst imprtant pints needed mre discussin. 62. Mr. Lefeber said that the cntact grup had nt had enugh time t wrk much n the scpe and nature f the internatinal regime. Nevertheless, the c-chairs had als cllected submissins n thse tpics frm members f the cntact grup. Thse submissins, alng with the utcme f the grup s negtiatins, had been cmpiled int ne dcument, with ftntes indicating the extent t which sme f the tpics had been discussed. Befre clsing, he said that there remained ne pint f cntentin in the cnslidated dcument, in that a number f develping cuntries had felt strngly that the issue f internatinal access standards was in n way linked t the enfrcement f cmpliance. 63. The C-Chairs f the Wrking Grup thanked the c-chairs f the cntact grups fr their hard wrk and the skill with which they had perfrmed their task. They als thanked the participants fr their spirit f cmprmise and the cllegial manner in which they had carried ut their deliberatins. 64. Mr. Hdges then presented a draft recmmendatin n pssible elements f a decisin n access and benefit-sharing fr the cnsideratin f the Cnference f the Parties t the Cnventin at its ninth

9 Page 9 meeting (UNEP/CBD/WG-ABS/6/L.2), which reflected the utcme f the deliberatins f the tw cntact grups. Prpsals regarding the bjective, scpe, main cmpnents and nature f the internatinal regime n access and benefit-sharing were cntained in the secnd part f the dcument as an annex t that draft recmmendatin. He said that the recmmendatin wuld be annexed t the reprt f the meeting and wuld frm the basis fr further elabratin and negtiatin f the internatinal regime. He als annunced that all the written submissins made during the current meeting wuld be cmpiled by the Secretariat and made available t the Cnference f the Parties at its ninth meeting. 65. He explained that fllwing cnsultatins with the Bureau, the C-Chairs had incrprated an additinal line f text int the draft recmmendatin. They were prpsing that the meetings f the Wrking Grup prir t the tenth meeting f the Cnference f the Parties shuld be preceded by tw days f infrmal cnsultatins. They emphasized hw useful the infrmal cnsultatins prir t the present meeting had been and believed that enabling Parties t hld such cnsultatins befre future meetings, and permitting reginal and ther grups t meet ahead f time, wuld greatly facilitate the wrk f future meetings. 66. The representative f Canada, referring t paragraph 6 f the draft recmmendatin, prpsed including three ptins rather than tw. Optin A wuld remain unchanged, the wrds nn-legally binding r wuld be deleted in ptin B, and ptin C wuld reprduce the riginal wrding f ptin B but delete the phrase a mix f legally binding and nn-legally binding He emphasized that Canada had nt ruled ut the pssibility that sme elements f the internatinal regime might be best effected in a legally binding fashin. Hwever, the Wrking Grup had nt reached the pint where such elements culd be clearly identified. The prpsal was adpted. 67. The representative f Japan, referring t the sectin n Objective in the annex t the draft recmmendatin, said that her delegatin had hped t engage in further discussin f the bjective f the internatinal regime but that had nt been pssible wing t time cnstraints. It therefre felt ill at ease with the text as it std even thugh much f it was bracketed. The representative f Australia prpsed inserting a ftnte stating: These prpsals were neither negtiated nr agreed. The Wrking Grup agreed t the prpsal. 68. The representative f Malaysia, speaking n behalf f the Like-minded Megadiverse Cuntries, said that a cmprmise prpsal had been made t the Eurpean Cmmunity and its member States t mve the item Internatinal access standards under Cmpnents fr further cnsideratin f the Cmpliance sectin f the annex t draft recmmendatin UNEP/CBD/WG-ABS/6/L.2 frm the subsectin Develpment f tls t enfrce cmpliance t the subsectin Develpment f tls t encurage cmpliance, since internatinal access standards shuld nt be regarded as a tl fr enfrcing cmpliance. Indeed, such standards shuld nt fall under Cmpliance at all, but placement f the item Develpment f tls t encurage cmpliance wuld minimize the impact f keeping it in that sectin. 69. The representative f Slvenia, speaking n behalf f the Eurpean Cmmunity and its member States, said that thse Parties were willing t g alng with the prpsal. He nted, hwever, that the items that the cntact grup characterized as cmpnents fr further cnsideratin in the main cmpnents sectin were in need f further discussin, als as regards their placement under the different headings. 70. The representative f Malaysia expressed surprise at the statement that the Eurpean Cmmunity and its member States were reserving the right t mve the text again in the future. 71. The representative f Slvenia stated that it was his grup s perceptin that the placement f an issue in sectin Cmpnents fr further cnsideratin indicated that there was a need fr further cnsideratin and, in sme cases, cnceptual wrk. 72. Mr. Hdges, C-Chair, nted that the cmprmise prpsal had been adpted but that substantial differences f pinin clearly remained. The psitins f the Like-minded Megadiverse Cuntries and the Eurpean Cmmunity and its member States wuld be reflected in the reprt f the meeting.

10 Page Fllwing the discussin, the Wrking Grup agreed t submit dcument UNEP/CBD/WG-ABS/6/L.2, as amended, t the Cnference f the Parties fr cnsideratin at its ninth meeting as an annex t the present reprt. ITEM 4. OTHER MATTERS 74. At the 7th sessin f the meeting, n 25 January 2008, Mr. Hdges, C-Chair, reminded the Wrking Grup that it had agreed at its fifth meeting t defer cnsideratin f the need and pssible ptins fr indicatrs fr access t genetic resurces and in particular fr the fair and equitable sharing f benefits arising frm the utilizatin f genetic resurces. The matter wuld be taken up at sme pint between the ninth and tenth meetings f the Cnference f the Parties. 75. The representative f Peru suggested rganizing a wrkshp t exchange ideas n issues such as the nature and scpe f the internatinal regime, the definitin f the term derivatives, and the cncept f misuse. She requested the Secretariat t explre the idea f hlding a wrkshp and the availability f vluntary funding. 76. At the 7th (clsing) sessin f the meeting, n 25 January 2008, Ms. Lakshan Bibi, frm the Kalash Indigenus Survival Prgramme/Indigenus Peple Prgram, Pakistan, presented the Executive Secretary with the gift f a new exhibit fr the Museum f Nature and Culture f the Cnventin n Bilgical Diversity. ITEM 5. ADOPTION OF THE REPORT 77. The present reprt was adpted at the 7th sessin f the meeting, n 25 January 2008 n basis f the draft reprt prepared by the Rapprteur (UNEP/CBD/WG-ABS/6/L.1) and the draft recmmendatin submitted by the C-Chairs (UNEP/CBD/WG-ABS/6/L.2), as rally amended. 78. During the adptin f the reprt, the representative f Liberia (speaking n behalf f the African Grup) and the representative f Malaysia (speaking n behalf f the Like-minded Megadiverse Cuntries), referring t paragraph 53 f the draft reprt, said that the wrd sufficiently shuld be inserted befre the wrd negtiate in the first sentence. The wrd merely in the secnd sentence shuld be deleted. In respnse, the C-Chair said that paragraph 53 reflected a statement made by anther delegatin and therefre was nt subject t negtiatin. 79. A statement was als made by the representative f the Philippines. ITEM 6. CLOSURE OF THE MEETING 80. At the 7th (final) sessin f the meeting, n 25 January 2008, clsing statements were made by the representatives f Algeria, Brazil, Chile (n behalf f the Grup f Latin American and Caribbean Cuntries), Malaysia (n behalf f the Grup f Like-minded Megadiverse Cuntries), Senegal (n behalf f the African Grup), Slvenia (n behalf n the Eurpean Cmmunity and its member States), the United States f America, and Yemen. 81. The Executive Secretary als made a statement. 82. The sixth meeting f the Ad Hc Open-ended Wrking Grup was then declared clsed at 6.15 p.m. n 25 January 2008.

11 Page 11 Annex RECOMMENDATION OF THE WORKING GROUP ON ACCESS AND BENEFIT-SHARING AT ITS SIXTH MEETING ON POSSIBLE ELEMENTS OF A DECISION ON ACCESS AND BENEFIT-SHARING FOR THE CONSIDERATION OF THE CONFERENCE OF THE PARTIES AT ITS NINTH MEETING The Wrking Grup recmmends that the Cnference f the Parties at its ninth meeting adpt a decisin alng the fllwing lines: The Cnference f the Parties, Recalling its decisins VII/19 D and VIII/4 A-E n access and benefit-sharing, Recalling als its decisin VIII/5 C n cllabratin and cntributin f the Ad Hc Wrking Grup n Article 8(j) and related prvisins t the fulfilment f the mandate f the Ad Hc Open-ended Wrking Grup n Access and Benefit sharing, Further recalling that the Bnn Guidelines n Access t Genetic Resurces and the Fair and Equitable Sharing f Benefits Arising ut f their Utilizatin are making a cntributin t the develpment f natinal legislatin, Having cnsidered the reprts f the fifth and sixth meetings f the Ad Hc Open-ended Wrking Grup n Access and Benefit Sharing, which were held, respectively, in Mntreal frm 8 t 12 Octber 2007, and in Geneva frm 21 t 25 January 2008, [Acknwledging the imprtance f awareness-raising and nting, in this regard, the ptential cntributin f the wrk prgram n cmmunicatin, educatin and public awareness (CEPA) t increased understanding f access and benefit sharing in light f the nging elabratin and negtiatin f the internatinal regime,] Recgnizing the ptential rle f the United Natins Envirnment Prgramme, Parties, Gvernments and ther relevant internatinal rganisatins in further cntributing t awareness-raising and in capacity-develpment, [Welcming] [Taking nte f] the United Natins Declaratin n the Rights f Indigenus Peples adpted by the General Assembly n 13 September 2007,[ cnsidering that sme f the rights identified in the Declaratin, particularly its Article 31 that relates t traditinal knwledge and genetic resurces will facilitate and guide Parties in their understanding f their cmmitments under the Cnventin n Bilgical Diversity,] Acknwledging the ptential rle f the clearing huse mechanism f the Cnventin as a tl t facilitate the disseminatin and exchange f infrmatin n access and benefit-sharing, Welcming the agreements and ther wrk relating t access t genetic resurces and sharing the benefits f their use in varius frums, and in particular the Internatinal Treaty f Plant Genetic Resurces fr Fd and Agriculture, and the multi-year prgramme f wrk f the Cmmissin n Genetic Resurces fr Fd and Agriculture f the Fd and Agriculture Organizatin f the United Natins, Recgnizing the imprtance f the participatin f indigenus and lcal cmmunities in the elabratin and negtiatin f an internatinal regime n access and benefit sharing, 1. Optin A [Welcmes the prgress made in the Ad Hc Open-ended Wrking Grup n Access and Benefitsharing in the elabratin and negtiatin f the internatinal regime and takes nte f [the annex] the reprt f the Wrking Grup at its sixth meeting [n the bjective[, nature and scpe] and main cmpnents f the internatinal regime]];

12 Page 12 Optin B [Welcmes the prgress made in the Ad Hc Open-ended Wrking Grup n Access and Benefitsharing and decides t transmit t the Ad Hc Open-ended Wrking Grup n Access and Benefitsharing at its seventh meeting [the annex t the present decisin, n the bjective, nature, scpe, and main cmpnents f the internatinal regime], fr the purpse f cntinuing t elabrate and negtiate the internatinal regime]; 2. Reiterates its instructin t the Ad Hc Open-ended Wrking Grup n Access and Benefit-sharing t cmplete its [mandate] [wrk] at the earliest pssible time befre the tenth meeting f the Cnference f the Parties, [in accrdance with the mandate and terms f reference as cntained in decisins VII/19 D and VIII/4 A] [, t elabrate and negtiate the internatinal regime accrding t its terms f reference in decisin VII/19 D, decisin VIII/4 A, [and t the reprt f its sixth meeting (UNEP/CBD/COP/9/6)]] [t enable the adptin f the cmpleted internatinal regime by the tenth meeting f the Cnference f the Parties]; 3. Welcmes the utcme f the meeting f the Grup f Technical Experts n an Internatinally Recgnized Certificate f Origin/Surce/Legal Prvenance, held in Lima in January 2007, as a relevant cntributin t the wrk f the Ad Hc Open-ended Wrking Grup n Access and Benefitsharing; 4. Decides that the Ad Hc Open-ended Wrking Grup n Access and Benefit-sharing shuld meet [ ] times [subject t the availability f funds] prir t the tenth meeting f the Cnference f the Parties in rder t cmplete its [wrk in accrdance with its] mandate. [t [elabrate and] negtiate the internatinal regime. The meetings shuld be preceded by tw days f infrmal cnsultatins; [5. Further decides that the seventh meeting f the Ad Hc Open-ended Wrking Grup n Access and Benefit-sharing [shuld be cnvened as sn as pssible after the ninth meeting f the Cnference f the Parties, subject t the availability f financial resurces] [shall be cnvened in 2008] [and the eighth meeting in the first half f 2009]; [6. Optin A [Further instructs the Ad Hc Open-ended Wrking Grup n Access and Benefit-sharing t begin, at its seventh meeting, t draft the [legal] [legally binding] prvisins f the internatinal regime n access and benefit-sharing, n the basis f the annex t reprt f the sixth meeting f the Wrking Grup and in accrdance with decisins VII/19 D and VIII/4 A f the Cnference f the Parties, [taking full advantage f the annex t decisin VIII/4 A ( the Granada text ) and as a means f speedily implementing the third bjective f the Cnventin;]] Optin B [Further instructs the Ad Hc Open-ended Wrking Grup n Access and Benefit-sharing t begin, at its seventh meeting, t draft a mix f legally binding and nn legally binding prvisins f the internatinal regime n access and benefit sharing, n the basis f the annex t the reprt f the sixth meeting f the Ad Hc Open-ended Wrking Grup n Access and Benefit-sharing and in accrdance with decisins VII/19 D and VIII/4 A f the Cnference f the Parties,]] Optin C [Further instructs the Ad Hc Open-ended Wrking Grup n Access and Benefit-sharing t begin, at its seventh meeting, t draft nn legally binding prvisins f the internatinal regime n access and benefit sharing, n the basis f the annex t the reprt f the sixth meeting f the Ad Hc Open-ended Wrking Grup n Access and Benefit-sharing and in accrdance with decisins VII/19 D and VIII/4 A f the Cnference f the Parties,]] [7. Invites Parties, ther Gvernments, internatinal rganizatins and relevant stakehlders t submit perative text fr the internatinal regime n access and benefit-sharing and requests the

13 Page 13 Executive Secretary t cmpile these submissins and make these cmpilatins available t Parties sixty days prir t the seventh meeting f the Ad Hc Open-ended Wrking Grup n Access and Benefitsharing;] < insert as necessary a paragraph n the establishment f a technical experts grup r grups with clear terms f reference> [8. Requests the C-Chairs f the Ad Hc Open-ended Wrking Grup n Access and Benefit-sharing t carry ut bilateral and reginal [and interreginal] cnsultatins during the inter-sessinal perid in rder t advance the negtiatins and calls upn the dnrs cuntries and relevant rganizatins t prvide the financial resurces necessary fr such cnsultatins and fr the timely [and successful] cmpletin f the [negtiatins] [wrk];] 9. Optin A [Invites Parties, ther Gvernments, and dnr rganizatins t cntribute t prvide the ways and means t facilitate sufficient preparatin and participatin f representatives f indigenus and lcal cmmunities in the Ad Hc Inter-Sessinal Open-ended Wrking Grup Article 8(j) and Related Prvisins and the Ad Hc Open-ended Wrking Grup n Access and Benefit-sharing;] Optin B [Encurages Parties, ther Gvernments, internatinal rganizatins and all relevant stakehlders t prvide the ways and means t allw fr sufficient preparatin and t facilitate effective participatin f indigenus and lcal cmmunities in the prcess f the negtiatin and elabratin f an internatinal regime, in accrdance with decisin VIII/5 C;] [10. Requests the Executive Secretary t cnvene an internatinal expert meeting/seminar n traditinal knwledge prir t the seventh meeting f the Ad Hc Open-ended Wrking Grup n Access and Benefit-sharing;] [11. Invites indigenus and lcal cmmunities, Parties, dnrs, and ther interested bdies t supprt natinal and reginal wrkshps, the input f which shall feed int the internatinal expert meeting/seminar;] 12. Invites the Glbal Envirnment Facility t strengthen the effrts t implement its strategic prgramme n capacity-building fr access and benefit-sharing in rder t enable Parties t elabrate, negtiate and implement the internatinal regime, mbilizing available resurces f the furth replenishment and t prvide apprpriate resurces in its fifth replenishment, and urges Parties t make full use f the prgrammes f the Glbal Envirnment Facility, including fr the full implementatin f the articles f the Cnventin related t access and benefit-sharing; 13. Invites the United Natins Envirnment Prgramme, Gvernments and relevant intergvernmental rganizatins, in clse cnsultatin with the Secretariat, t supprt r cntinue supprting and facilitating, as apprpriate, reginal and interreginal cnsultatins, t carry ut capacity-develpment activities related t access and benefit-sharing and t cntribute t raising awareness t the issue f access and benefit-sharing amng decisin makers, indigenus and lcal cmmunities, and ther relevant stakehlders, and encurage cuntries t include activities related t access and benefit-sharing amng the pririties fr external funding; [14. Invites Parties t fully utilize the Bnn Guidelines in the frmulatin f their natinal legislatin fr access and benefit-sharing and related arrangements;] [15. Als invites Parties t fully utilize the annex t decisin VIII/4 A in the frmulatin f their natinal legislatin fr access and benefit-sharing and related arrangements;]

14 Page 14 [16. Requests the Executive Secretary, as part f its prgramme f wrk n cmmunicatin, educatin and public awareness utlined in decisin IX, t implement activities with a view t increasing the awareness [and educatin] f decisin-makers and relevant stakehlders;] 17. Invites Parties t make ptimal use f the access and benefit-sharing cmpnent f the clearing huse mechanism f the Cnventin in rder t facilitate the exchange f infrmatin related t access and benefit-sharing, including relevant literature, legislatin, analytical studies, and case-studies, and requests the Executive Secretary, and invites Parties, ther Gvernments, and relevant rganizatins t take further measures t build the capacity f Parties fr access t, and use f, the clearing-huse mechanism. Annex THE INTERNATIONAL REGIME I. OBJECTIVE 1/ Effectively implement the prvisins [in Articles 15, 8(j), 1, 16 and 19.2] f the Cnventin [and its three bjectives], specifically by: [[Facilitating] [regulating transparent] access t genetic resurces, [their derivatives] [and prducts] [and assciated traditinal knwledge]; ] Ensuring [the cnditins and measures fr] the [effective,] fair and equitable sharing f benefits arising ut f their utilizatin, [their derivatives] [and prducts] [and assciated traditinal knwledge] [and t prevent their misapprpriatin and misuse]; [Securing cmpliance in user cuntries with natinal laws and requirements, including PIC and MAT, f the cuntry [f rigin] prviding thse resurces r f the Party that has acquired thse resurces in accrdance with the CBD]. [taking int accunt all rights ver thse resurces, including the rights f indigenus and lcal cmmunities, and ensuring cmpliance with PIC.] II. SCOPE Cmpilatin f prpsals n scpe 2/ 1. Recmmendatin f C-Chairs f the Wrking Grup All genetic resurces, and assciated traditinal knwledge, cvered under the Cnventin n Bilgical Diversity and the benefits resulting frm their use. 2. Submissins Optin 1 The scpe f the internatinal regime n access and benefit-sharing shall include, amng thers: (a) All relevant prvisins f the Cnventin n Bilgical Diversity. (b) All bilgical resurces, genetic resurces, derivatives, prducts and assciated traditinal knwledge, innvatins and practices (c) All benefits arising frm the cmmercial and ther utilizatin f bilgical resurces, genetic resurces, derivatives, prducts and assciated traditinal knwledge, innvatins and practices. 1/ These prpsals were neither negtiated nr agreed. 2/ These prpsals were neither discussed, negtiated nr agreed.

15 Page 15 (d) All benefits arising frm the cmmercial and ther utilizatin f bilgical resurces, genetic resurces, derivatives, prducts and assciated traditinal knwledge, innvatins and practices frm the entry int frce f the Cnventin n Bilgical Diversity; (e) All cntinuing benefits arising frm the cmmercial and ther utilizatin f bilgical resurces, genetic resurces, derivatives, prducts and assciated traditinal knwledge, innvatins and practices taken prir t the cming int frce f the Cnventin n Bilgical Diversity; (f) All bilgical resurces, genetic resurces, derivatives, prducts and assciated traditinal knwledge, innvatins and practices within natinal jurisdictin and f a transbundary nature. Optin 2 The scpe f the internatinal regime n access and benefit-sharing shall exclude: All species listed in Annex I f the Internatinal Treaty n Plant Genetic Resurces fr Fd and Agriculture unless they are used beynd the purpse f the said treaty. The internatinal regime applies t all genetic resurces and assciated traditinal knwledge, innvatins and practices cvered by the Cnventin n Bilgical Diversity, subject t ther internatinal bligatins, with the exclusin f human genetic resurces and genetic resurces beynd natinal jurisdictin. Optin 3 1. Will cver: Access t genetic resurces and prmtin and safeguarding f fair and equitable sharing f the benefits arising ut f the utilizatin f genetic resurces in accrdance with relevant prvisins f the Cnventin n Bilgical Diversity; Traditinal knwledge, innvatins and practices in accrdance with Article 8(j). 2. Outside the scpe will be: Genetic resurces that were acquired befre the entry int frce f the Cnventin n Bilgical Diversity n 29 December 1993; Human genetic resurces. 3. The internatinal regime n access and benefit-sharing established in the framewrk f the Cnventin n Bilgical Diversity shuld prvide flexibility t respect existing and allw fr the implementatin and ptential and further develpment f ther, mre specialized internatinal access and benefit-sharing systems. 4. Special cnsideratin will be given t: Genetic resurces cvered by the FAO Internatinal Treaty n Plant Genetic Resurces fr Fd and Agriculture when these are accessed fr research, breeding r training fr the purpse fr fd and agriculture; The relatinship with the Internatinal Cnventin fr the Prtectin f New Varieties f Plants (UPOV); Marine genetic resurces fund in areas beynd natinal jurisdictin; Genetic resurces lcated in the Antarctic Treaty area; Animal genetic resurces fr fd and agriculture; Wrk within the WIPO Intergvernmental Cmmittee n Intellectual Prperty, Genetic Resurces, Traditinal Knwledge and Flklre;