ACCESS AND BENEFIT-SHARING REGIME IN SPAIN: STRIKING THE RIGHT BALANCE BETWEEN ITS INTERESTS AS A PROVIDER AND A USER OF GENETIC RESOURCES

SILVESTRI, LUCIANA

Global Transformations in the Use of Biodiversity for Research and Development Post Nagoya Protocol Implementation Amid Unresolved and Arising Issues

Springer Nature Switzerland AG

Año: 2022; p. 445 - 462

Spain anticipated the possibility of regulating the access to and utilization of its geneticresources through Law No. 42 of 2007, a power that it had not exercised until recently.Newly adopted Royal Decree No. 124/2017 related to the access to genetic resourcesderiving from wild taxons and to the control of their utilization, soundly fulfills obligationsset under the Nagoya Protocol and the European rules on the matter. In addition, the Decreeperfectly strikes the balance between Spain´s interests as provider and a user of geneticresources. After an illustration of the uniqueness of Spanish biodiversity and the country´scommitment to the ABS negotiations, the chapter analyses how access to Spanish geneticresources is regulated. It also elaborates on the national measures taken to fulfill theobligations set under Regulation (EU) No. 511/2014 of the European Parliament and of theCouncil of 16 April 2014 on compliance measures. The case of Spain may well serve as anexample to other countries which, like Spain, have a dual role, being both provider and userof genetic resources.