생물다양성협약과 부속의정서상 유전자원 염기서열정보의 협상쟁점과 논의동향

초록

The intensive debate on the digital sequence information on genetic resources started in the process of formulating the operational definition for synthetic biology in 2015 Ad Hoc technical Expert Group on Synthetic Biology and SBSTTA 20. However, the subsequent meetings in the COP 14, SBSTTA 22 and Ad Hoc technical Expert Group on DSI on genetic resources failed to reach an agreement on the applicability of such DSI to the COP, Cartagena Protocol and Nagoya Protocol. especially benefit-sharing issues. COP 14 realized that first and foremost, there must be established the conceptual clarity for them to reach an agreement. First, the negotiators recognized the importance of digital sequence information on genetic resources for the three objectives of the Convention which are mutually supportive. Simultaneously, they also recognized that further work is needed to provide conceptual clarity on digital sequence information on genetic resources. Second, they noted that access to and use of digital sequence information on genetic resources could contribute to scientific research as well as to other non-commercial and commercial activities in areas such as biological diversity, food security and human, animal and plant health. Third, they also recognized that further capacity to access, use, generate and analyse digital sequence information on genetic resources is needed in many countries. To this end, they encourage Parties, other Governments and relevant organizations to support capacity-building and technology transfer, as appropriate, to assist in the access, use, generation and analysis of digital sequence information on genetic resources for the conservation and sustainable use of biodiversity and benefit-sharing. Fourth, it was noted that that when genetic resources are accessed for their utilization, mutually agreed terms can cover benefits arising from the commercial and/or non-commercial use of digital sequence information on these genetic resources, in accordance with applicable domestic measures. Finally, the negotiators compromised that as there is a divergence of views among Parties regarding benefit-sharing from the use of digital sequence information on genetic resources, they agreed to commit to working towards resolving this divergence through the process established in the present decision, i.e, the Working Group on Post-2020 Global Biodiversity Framework, with the aim of strengthening the fulfilment of the third objective of the Convention and Article 15, paragraph 7, without prejudice to the circumstances to which this article applies. Therefore, it is anticipated that both developed and developing countries will have the ‘nails and toes’ bickering in the Working Group above, SBSTTA and SBI, with regard to the applicability of the definition, “utilization of genetic resources” in the Article 2 of Nagoya Protocol to the DSI on genetic resources.

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