Digital sequence information and compatibility with the Convention on Biological Diversity
What is digital sequence information?
The BBNJ Treaty does not define the term “digital sequence information.” There were significant discussions at the intergovernmental conference negotiations, but the countries could not reach a consensus on the terminology.
Among the scientific communities, generally, the term is considered a policy (vs. scientific) term. There have been years of discussions in other multilateral environmental agreements, especially at the Convention on Biological Diversity (CBD) meetings, however, there is no common understanding of this term. A study commissioned by the CBD provided the following range of what may be considered as digital sequence information:
Group 1 - Narrow: DNA and RNA
Group 2 - Intermediate: (DNA and RNA) + proteins
Group 3 - Intermediate: (DNA, RNA and proteins) + metabolites
Group 4 - Broad: (DNA, RNA, protein, metabolites) + traditional knowledge, ecological interactions, etc.
The study was the result of “a science-based peer-reviewed fact-finding study on the concept and scope of digital sequence information on genetic resources and how digital sequence information on genetic resources is currently used building on the existing [Laird and Wynberg] fact-finding and scoping study.” Each option has certain challenges and opportunities to fostering research and development that could impact benefit sharing. The countries participating in the CBD meetings are continuing their work on the definition of digital sequence information and related issues.
For more information about the CBD’s work on digital sequence information, visit the page here. For more information about data associated with organisms, visit the page here. For information about accessibility of data, visit the page here.
What is the Convention on Biological Diversity (CBD)? What may be the relevance of the decisions made by CBD’s Conference of the Parties?
The Convention on Biological Diversity (CBD) is a multilateral environmental agreement entered into force on 29 December 1993. There are 196 Parties to the Convention. It has 3 main objectives:
- The conservation of biological diversity
- The sustainable use of the components of biological diversity
- The fair and equitable sharing of the benefits arising out of the utilization of genetic resources
Further, the CBD has three international agreements, one of which is the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the CBD (Nagoya Protocol). The Nagoya Protocol, entered into force on October 12, 2014, has 140 Parties, and it aims at sharing the benefits arising from the utilization of genetic resources in a fair and equitable way.
The CBD and its Nagoya Protocol and the BBNJ Treaty need to work in a complementary way. Nagoya Protocol aims to ensure genetic resource providers (i.e., countries, Indigenous Peoples and local communities) fairly and equitably benefit from the utilization of such resources. The BBNJ Treaty aims to fill the benefit sharing gap associated with marine genetic resources (MGRs) of areas beyond national jurisdiction (ABNJ) where there are no provider countries, since the MGRs of ABNJ belong to all but no one in particular.
For more information about the CBD generally, visit the page here. For more information about the Nagoya Protocol generally, visit the page here.
Why is the term, digital sequence information, referenced repeatedly in the BBNJ Treaty?
Ensuring the availability of digital sequence information associated with marine genetic resources (MGRs) of areas beyond national jurisdiction (ABNJ) is found throughout the Treaty. The developing countries strongly supported the inclusion of the term because there were concerns that unless the terminology is included, benefit sharing associated with MGRs of ABNJ would be significantly less. Developed countries expressed concerns that the lack of consensus on the term, digital sequence information, would create confusion as to the scope of the data and information that are part of the requirements. Further, there would be unintended non-compliance due to the lack of IT and other capabilities to perform the desired requirements associated with digital sequence information. The Treaty, with flexibility built in, aims to address such concerns raised during the negotiations.
Ref. BBNJ Treaty Preamble, Article 5, 8, 9, 10, 11, 12, 14, and 16.
For information about MGRs, visit the page here. For information about accessibility of data, visit the page here.
How will the Conference of the Parties to the BBNJ Treaty and the Convention on Biological Diversity foster harmonization of the term, digital sequence information?
At this point, it is unknown if the Convention on Biological Diversity (CBD) will define the term, digital sequence information, prior to the BBNJ Treaty. That said, the CBD and the Treaty both have processes to foster harmonization of concepts.
The BBNJ Treaty focuses on cooperation and complementarity with other multilateral environmental agreements, including on the MGR Mechanism requirements. The Treaty also has a specific provision that recognizes that the modalities on monetary benefit sharing associated with digital sequence information “should be mutually supportive of and adaptable to other access and benefit-sharing instruments.” Such recognition is due to the fact that the Conference of the Parties to the CBD in its December 19, 2022 decision, established a multilateral mechanism for benefit-sharing from the use of DSI, including a global fund.
Further, the Conference of the Parties to the CBD, in its December 19, 2022 decision, adopted the following principles for the fair and equitable sharing of the benefits arising from the use of digital sequence information:
…a solution for fair and equitable benefit-sharing on digital sequence information on genetic resources should, inter alia: (a) Be efficient, feasible and practical; (b) Generate more benefits, including both monetary and non-monetary, than costs; (c) Be effective; (d) Provide certainty and legal clarity for providers and users of digital sequence information on genetic resources; (e) Not hinder research and innovation; (f) Be consistent with open access to data; (g) Not be incompatible with international legal obligations; (h) Be mutually supportive of other access and benefit-sharing instruments; (i) Take into account the rights of indigenous peoples and local communities, including with respect to the traditional knowledge associated with genetic resources that they hold. (emphasis added).
In particular, “not be incompatible with international legal obligations” is an important aspect that will contribute to the future harmonization of the term, digital sequence information. Further, the principles may provide some insights on the future discussions on digital sequence information during the BBNJ Treaty’s COP meetings.
Ref. BBNJ Treaty Article 5.2, 8, 14.9, and CBD’s December 19, 2022 Decision (CBD/COP/DEC/15/9), visit the page here.
For more information about the CBD’s work on digital sequence information, visit the page here. For more information about data associated with organisms, visit the page here. For information about accessibility of data, visit the page here. For more information about the BBNJ Treaty’s COP meetings, visit the page here.
