On 2 June 2021, Brazil became the 130th Party to the Nagoya Protocol. Brazil ratified the Nagoya Protocol on 4 March and became a Party 90 days later.
Now that Brazil has become a Party to the Nagoya Protocol, the user obligations of the EU ABS Regulation also apply to the utilisation of Brazilian genetic resources in the EU. This means that users have to exercise due diligence to ascertain that Brazilian genetic resources and traditional knowledge associated with genetic resources have been accessed in accordance with the Brazilian ABS rules. It may be necessary for users in the EU to submit a due diligence declaration when using Brazilian genetic resources that are obtained on or after 2 June 2021.
It is important to note that the national ABS legislation of Brazil applies to genetic material of which utilisation took or takes place after the Brazilian Biodiversity Law came into force (17 November 2016), even if access took place before this date. This is due to the Brazilian definition of access to genetic resources: ‘research or technological development carried out on genetic information from plants, animals, and microbial species, or any other species, including substances originating from the metabolism of these living organisms’. On the other hand, the EU ABS Regulation only applies to Brazilian genetic resources and traditional knowledge associated with genetic resources accessed on or after 2 June 2021.
More information about the ABS rules and regulations of Brazil is available in its country profile on the ABS Clearing-House website and through the Brazilian ABS National Focal Point, of which the contact details are also available on the ABS Clearing-House website.