Implementing the Nagoya Protocol in Spain: challenges and perspectives

SILVESTRI, LUCIANA; LAGO CANDEIRA, ALEJANDRO

Implementing the Nagoya Protocol: Comparing Access and Benefit-sharing Regimes in Europe

Koninklijke Brill NV

Lugar: Leiden; Año: 2015; p. 210 - 226

This chapter presents the challenges and perspectives that Spain faces as it prepares to adopt national legislation on access to genetic resources and benefit-sharing (ABS). After an initial introduction to its unique role as a provider and user of genetic resources, a review and analysis of existing ABS legislation is offered. In particular, challenges related to the internal division of environmental competences, the existence of traditional knowledge held by local communities, and the status of genetic resources are presented. In addition, implications derived from the EU draft proposal for the regulation of ABS under debate at the European Parliament and the Council of the European Union for Spain are also addressed. Lastly, a sketch of what a future ABS national regime could look like is discussed.