Issues for consideration by the Group of Technical Experts concerning a Certificate relating to genetic resources

The problems that the Certificate is to solve are as yet unspecified: this leaves a big hole in the discussion and broadens its scope indefinitely. What’s more, Certificates may only have any value once ABS regimes has been established and implemented. Hence at this stage a better approach may be to concentrate on developing ABS guidelines and conforming national laws to them. National ABS laws are so far few and far between.

If a Certificate is to be successfully developed, it is not only the objectives and scope of the system that needs to be defined, but many other questions need to be solved. These are linked to:

• Variation of genetic resources;
• Intermingling of genetic resources;
• Different uses and users of genetic resources ;
• Stages in the development chain that genetic resources pass through;
• Legal implications;
• Implementation of access and benefit-sharing legislation; and
• Cost/benefit analysis.

Above all, it is vital that a possible Certificate does not undermine the objectives of the CBD, by inhibiting rather than promoting research, trade and use of genetic resources. More widespread use of a broader base of genetic resources increases opportunities for the generation and sharing of benefits. This encourages the conservation of genetic resources, so that they are available for use in the future.