The Convention on Biological Diversity (CBD) came into force on 29 December 1993 and has three main objectives:
1. the conservation of biological diversity
2. the sustainable use of its components
3. the fair and equitable sharing of the benefits derived from the use of genetic resources (ABS, Access and Benefit Sharing).
The Nagoya Protocol (NP) entered into force on 12 October 2014, undertaking to implement the third objective of the CBD, i.e., the instructions on access to genetic resources and the fair and equitable sharing of benefits arising from their use.
Based on CBD and PN guidelines, the signatories to both treaties have been able to develop laws regulating access to their natural resources, and to establish measures to ensure the fair and equitable sharing of their benefits. Most regulations concerning ABS, as well as the Competent Authorities contact points in each country, can be consulted at the ABS Clearing House.
In this respect, Spain applies law 33/2015 on Natural Heritage and Biodiversity and RD 124/2017 regulating access to genetic resources from wild taxa and the sharing of benefits derived from the use thereof.
A second pillar of the NP relates to the control measures that the signatories have to put in place to ensure that users of genetic resources follow the ABS regulations imposed by the countries of origin of such resources. In this regard, the European Union adopted the Regulation (EU) No 511/2014, that entered into force together with the PN on 12 October 2014, and regulates compliance measures for users on access to genetic resources and fair and equitable sharing of benefits arising from their use in the EU.
To facilitate compliance with these regingulations the CECT publishes the information related to CECT strains regarding the origin of the microorganism, year of isolation, sampling permits, etc. on the strain sheet accessible through its public catalogue. In addition, the country of origin and the year of isolation are indicated on the delivery note accompanying each strain.
It is the responsibility of the strain’s recipient to use the microorganism in compliance with the requirements of the country of origin regarding the CBD and NP.
For public deposits, the depositor must ensure that the strain has been isolated from its natural environment in compliance with the regulations of the country of origin.
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