This section provides background information about one of the substantive elements of the BBNJ Treaty: marine genetic resources (MGRs) of areas beyond nantional jurisdiction (ABNJ) and the fair and equitable sharing of benefits (Part II). The notification and benefit sharing requirements in the Treaty include physical materials associated with marine genetic resources and associated digital sequence information.
What is a marine genetic resource?
The BBNJ Treaty defines marine genetic resource as:
any material of marine plant, animal, microbial or other origin containing functional units of heredity of actual or potential value.
Ref. BBNJ Treaty Art. 1.8
For information about physical materials, visit the page here.
Why are MGRs of ABNJ and the fair and equitable sharing of benefits requirements in the BBNJ Treaty?
This is one of the four substantive elements, the so-called “2011 package deal,” that countries decided to include in the Treaty.
This element is part of the Treaty because the biodiversity beyond national jurisdiction (BBNJ) belongs to all and no one in particular: it is a global common. The Treaty established a mechanism for a fair and equitable sharing of benefits associated with MGRs of areas beyond national jurisdiction (ABNJ) and associated digital sequence information.
In the past and currently, there are only a limited number of vessels that can explore in ABNJ and collect organisms that may be relevant for basic research and research and development that may lead to commercialization of a product. Benefit sharing in the Treaty could support capacity building and development for all scientists, including the developing country scientists as well as monetary benefit sharing under certain circumstances for the conservation and sustainable use of marine biological resources of ABNJ.
Ref. United Nations General Assembly Resolution A/RES/72/249
What is digital sequence information? Why is digital sequence information associated with MGRs of ABNJ included in the notification and benefit sharing requirements of the BBNJ Treaty?
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 what would constitute digital sequence information. However, the terminology (i.e., digital sequence information) is used repeatedly in the BBNJ Treaty because developing countries considered open access to digital sequence information critical for benefit sharing associated with the MGR Mechanism.
Among the scientific communities, generally, the term is considered a policy (vs. scientific) term. There have been years of discussions in other multilateral environmental agreement forums, especially at the Convention on Biological Diversity (CBD) meetings, and the uncertainties associated with the understanding of what could be considered digital sequence information remains. 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.
Ref. Ref. BBNJ Treaty Preamble, Article 8, 9, 10, 11, 12, 14, and 16., W. Houssen, R. Sara, and M Jaspars, Digital Sequence Information on Genetic Resources: Concept, Scope and Current Use.
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 background information on the compatibility with the CBD and data/information, visit the page here.
Who are the key stakeholders?
Pursuant to the BBNJ Treaty, the following entities that are under the jurisdiction of a Party are relevant stakeholders:
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Academic and research institutions that house scientists that:
- use, store, or transfer organisms collected in ABNJ
- generate and/or use digital sequence information on MGRs of ABNJ
- engage in sample collection activities in ABNJ
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Businesses that house scientists that:
- use, store, or transfer organisms collected in ABNJ
- generate and/or use digital sequence information on MGRs of ABN
- engage in sample collection activities in ABNJ
- Institutions and businesses that are interested in utilizing traditional knowledge of Indigenous Peoples and local comunities
- Indigenous Peoples and local comunities that may hold relevant traditional knowledge associated with MGRs in ABNJ
- Databases, maintained at the national and international levels
- Repositories, including collections (e.g., natural museums) and gene banks
- Countries that ratify the Treaty
- Conference of the Parties and the access and benefit-sharing committee established by the BBNJ Treaty
Ref. BBNJ Treaty Art. 11.1
For specific information about a Party, visit the page here.