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MGR Mechanism

Introduction

This section provides some of the practical information about the new regime on marine genetic resources (MGRs) of areas beyond national jurisdiction (ABNJ) and associated digital sequence information (MGR Mechanism), which is the main engine for providing the fair and equitable benefit-sharing in the BBNJ Treaty to foster conservation and sustainable use of ABNJ. It is important to note that the information on this webpage reflect what we know based on the text of the adopted Treaty, but prior to the first Conference of the Parties (COP) meeting. It also focuses on the general requirements in the Treaty, rather than specific Party requirements.

You will find information here aimed at providing foundational information that will assist in understanding the “what, how, who, and when” aspects of the MGR Mechanism in a question-and-answer format. Where applicable, questions that remain to be resolved at the Conference of the Parties or at the national level are indicated.

Note that in addition to the specific section on the MGR Mechanism (Part II) of the Treaty, other sections of the Treaty are relevant, including the following: institutional arrangements that include the Conference of the Parties and the Clearing-House Mechanism (Part VI), financial resources and mechanism (Part VII), implementation and compliance (Part XIII), settlement of disputes (Part IX). More specific information can be found by clicking the above link of the relevant topic.

Also, in addition to capacity-building and the transfer of marine technology (Part V), other substantive elements of the Treaty, such as the environmental impact assessment, including strategic environmental assessment (Part IV) and area-based management tools, including marine protected areas (Part III), may also be relevant. For additional information about the possible nexus among the substantive elements, please visit the page here.

For specific information on the outcome of the COP meetings, visit the page here. For specific Party information, visit the page here.

What is the MGR Mechanism?             

The marine genetic resources notice and benefit-sharing regime in the BBNJ Treaty (MGR Mechanism) is designed so that benefits associated with MGRs of areas beyond national jurisdiction (they belong to all and no one in particular) can be shared in a fair and an equitable way and contribute to the conservation and sustainable use of ABNJ.

The BBNJ Treaty created a notice and benefit-sharing mechanism that applies to research activities involving collection of marine genetic resources (MGRs) in areas beyond national jurisdiction (ABNJ), and the storage, and transfer of such organisms. It also includes requirements associated with the generation and the use of digital sequence information on the the MGRs of ABNJ.

The MGR Mechanism has two major sections in the Treaty:

  • Information
  • Benefit-sharing (non-monetary and monetary)

The MGR Mechanism was negotiated based on significant contributions from a wide range of stakeholders, including the scientists, research institutions, business, and Indigenous Peoples and local communities. The regime aims to avoid the so-called "track and trace system" that would have required each and every organism and associated digital sequence information to be tracked from pre-collection to commercialization. Such system, especially in light of application to microorganisms, was deemed to be impractical that would be contrarty to fostering scientific research. Rather, the MGR Mechanism focuses on a notification and "labeling" system that could allow anyone who is interested in the particular MGR of ABNJ or associated digital sequence information to be able to find them. The MGR Mechanism also provides certain monetary benefit sharing requirements associated with commercialization of a product with MGRs of ABNJ or associated digital sequence information. However, details of how the monetary sharing benefit would be applied at the national level will be determined by the country that becomes a Party to the Treaty.

The MGR Mechanism also takes into consideration the rights and obligations associated with traditional knowledge of Indigenous Peoples and local communities. More information about such requirements are discussed below. For background information on traditional knowledge, visit the page here.

Ref. BBNJ Treaty Art. 12 and 14.

For background information associated with MGRs of ABNJ, visit the page here. For information about the physical materials, visit the page here. For information about data, visit the page here.

What are "non-monetary" benefits? How will such benefits be generated and provided? Which countries will receive the benefits?

It is important to note that while the notification and benefits are in two separate articles in the BBNJ Treaty, the information provided (e.g., information in the pre-collection, post-collection, and utilization) is a benefit, for the purposes of the benefit-sharing requirements.

In addition to the information and digital sequence information provided from the notification requirements in Diagram 1 below, the MGR Mechanism will facilitate the following "non-monetary" benefits:

  • Access to samples and sample collection in accordance with current international practice.
  • Transfer of marine technology, pursuant to the process identified in the Treaty
  • Capacity-building, including by financing research programmes, and scientists and researchers in research projects, as well as dedicate initiatives, in particular for developing countries, taking into account the special circumstances of small island developing countries and of least developed coutries
  • Increased technical and scientific cooperation, in particular with scientists from the scientific institutions in developing countries
  • Other forms of benefits as determined by the Conference of the Parties (COP), taking into account recommendations of the access and benefit-sharing committee.

A Party will implement and comply with the Treaty requirements by enacting necessary legislative, administrative or policy measures. For that reason, each Party will have its own processes and requirements for the various stakeholders that can contribute to the benefit-sharing regime. For example, a Party could require certain requirements for a home institution or a business that is planning a research project that will involve collection activities in areas beyond national jurisdiction.

As for the recipients, only tParties are eligible for receiving the benefits. The modalities and allocation of the benefits will be decided by the COP. As discussed below, the access and benefit-sharing committee may provide recommendations to the COP to that end.

Ref. BBNJ Treaty Art. 12, 14, and 15.

For specific information on the outcome of the COP meetings, visit the page here. For specific Party information, visit the page here.

Does the MGR Mechanism have monetary benefit-sharing requirements?

Yes. The BBNJ Treaty has certain monetary benefit-sharing requirements from the utilization of MGRs of ABNJ and associated digital sequence information, including commercialization. The Treaty specifies that monetary benefits must be shared fairly and equitably, through the Treaty’s financial mechanism (Art. 52) for the conservation and sustainable use of marine biological diversity of areas beyond national jurisdiction.

The BBNJ Treaty provides a two-phase process for the developed countries that are Parties: assessed contributions and set modalities for monetary benefit-sharing. Note that the term “developed countries” is not defined or specified.

First phase

This phase involves assessed contributions and adoption of the monetary benefit-sharing modalities as follows:

  • After the entry into force of the Treaty, developed Parties must make annual contributions to the special fund created as part of the Treaty’s financial mechanism. A Party’s rate of contribution must be 50 per cent of that Party’s assessed contribution to the budget adopted by the Conference of the Parties.
  • The payment of the assessed contribution will be in place until a decision is taken by the Conference of the Parties (COP) on the modalities for monetary benefit-sharing from the utilization of MGRs of ABNJ and associated digital sequence information, taking into account the recommendations of the access and benefit- sharing committee. If all efforts to reach consensus have been exhausted, a decision must be adopted by a three-fourths majority of the Parties present and voting.
  • The modalities may include the following:
    • Milestone payments;
    • Payments or contributions related to the commercialization of products, including payment of a percentage of the revenue from sales of products;
    • A tiered fee, paid on a periodic basis, based on a diversified set of indicators measuring the aggregate level of activities by a Party;
    • Other forms as decided by the COP, taking into account recommendations of the access and benefit-sharing committee.
  • A Party may make a declaration at the time the COP adopts the modalities stating that those modalities shall not take effect for that Party for a period of up to four years, to allow time for necessary national implementation. A Party that makes such a declaration must continue to make the assessed contribution until the country’s national requirements take effect.
  • In deciding on the modalities for the monetary benefits sharing from the use of digital sequence information on MGRs of ABNJ, the COP must take into account the recommendations of the access and benefit-sharing committee, recognizing that such modalities should be mutually supportive of and adaptable to other access and benefit-sharing instruments.

Second Phase

This phase is after the adoption of the new monetary benefit-sharing modalities. It involves review and assessment of the progress:

Once the monetary benefit-sharing modalities have been adopted at the COP, the payments must be made through the BBNJ Treaty’s special fund (Art. 52). The Conference of the Parties, taking into account recommendations of the access and benefit-sharing committee established under article 15, must review and assess, on a biennial basis, the monetary benefits from the utilization of MGRs and associated digital sequence information. The first review must take place no later than five years after the entry into force of this Agreement. The review must include consideration of the annual contributions.

Ref. BBNJ Treaty Art. 14.5 through 14.10 and 15.

For specific information on the outcome of the COP meetings, visit the page here. For specific information about a Party, visit the page here.

Who will implement the MGR Mechanism?

A Party will need to ensure implementation and compliance with the Treaty requirements by enacting necessary legislative, administrative or policy measures. For that reason, there may be slight variations among countries as to how they implement and monitor compliance with the Treaty requirements.

Ref. BBNJ Treaty Art. 12.1, 13, 14.3, 14.11, 15.4(a), 53, and 54.

For specific information about a Party, visit the page here.

What is the access and benefit-sharing committee? What is the committee’s relation to the Science and Technical Body? Will the access and benefit-sharing committee work with other committees established by the BBNJ Treaty, such as the financial committee, compliance and implementation committee, and capacity-building and transfer of marine technology committee?

The access and benefit-sharing committee was established pursuant to the BBNJ Treaty. The objective of the access and benefit-sharing committee is to establish guidelines for benefit-sharing associated with MGRs of ABNJ and associated digital sequence information. The committee is tasked with providing transparency and ensuring a fair and equitable sharing of both monetary and non-monetary benefits. It will be composed of fifteen members with appropriate qualifications in the related fields. The Parties will nominate, and the Conference of the Parties (COP) will elect the members. The committee members will be elected with considerations for gender balance and equitable geographical distribution as well as representation from developing States, including from the least developed countries, from small island developing States and from landlocked developing countries.

The terms of reference and modalities for the operation of the access and benefit-sharing committee will be determined by the COP. However, the committee will make recommendations to the COP on the following:

  • Guidelines or a code of conduct for activities with respect to MGRs and digital sequence information on MGRs of ABNJ;
  • Measures to implement decisions taken in accordance with the requirements on MGRs of ABNJ and associated digital sequence information;
  • Rates or mechanisms for the sharing of monetary benefits;
  • Matters in relation to the Clearing-House Mechanism;
  • Matters in relation to the financial mechanism (Art. 52);
  • Any other matters that the COP may request.

Through the Clearing-House Mechanism, each Party is required to provide to the access and benefit-sharing committee the following information:

  • Legislative, administrative and policy measures on access and benefit-sharing;
  • Contact details and other relevant information on national focal points;
  • Other information required pursuant to the decisions taken by the COP.

The access and benefit-sharing committee may consult and facilitate the exchange of information with relevant legal instruments and frameworks and relevant global, regional, subregional and sectoral bodies on activities under its mandate, including benefit-sharing, the use of digital sequence information on marine genetic resources, best practices, tools and methodologies, data governance and lessons learned. The access and benefit-sharing committee may make recommendations to the COP in relation to such information.

At this point, it is unclear if the access and benefit-sharing committee has an obligation to or opportunities to consult with the Scientific and Technical Body. The STB functions discussed in the Treaty do not include matters on benefit-sharing associated with MGRs of ABNJ and associated digital sequence information. That said, it is possible for the COP to clarify the functions that the STB may perform and include cooperation with the access and benefitsharing committee on benefit-sharing. The same concept applies to other committees that the BBNJ Treaty established, such as the financial committee, Compliance and Implementation Committee, and capacity-building and transfer of marine technology committee. Since the Treaty focuses on cooperation, the COP may look for positive synergies among the STB and the various relevant committees.

Ref. BBNJ Treaty Art. 15, and 49

For specific information on the outcome of the COP meetings, visit the page here.

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.

Ref. 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 information about harmonization of the terminology, digital sequence information, among multilateral environmental agreements, visit the page here.

Which entities will need to comply with the MGR Mechanism requirements?

The first question that an entity that is under the jurisdiction of a Party would want to ask is, “would the new requirements apply to us?” Generally, the following entities that are under the jurisdiction of a Party to the BBNJ Treaty are considered relevant stakeholders:

  • Academic and research institutions that house scientists that:
    • engage in sample collection activities in ABNJ
    • use, store, or transfer organisms collected in ABNJ
    • generate and/or use digital sequence information on MGRs of ABNJ
  • Businesses that:
    • engage in sample collection activities in ABNJ
    • use, store, or transfer organisms collected in ABNJ
    • generate and/or use digital sequence information on MGRs of ABNJ
  • Institutions and businesses that are interested in utilizing traditional knowledge of Indigenous Peoples and local comunities
  • Databases maintained at the national and international levels
  • Repositories, including collections (e.g., natural museums) and gene banks

Ref. BBNJ Treaty Art. 11.1

Note that each Party will enact and implement the necessary legislative, administrative, or policy measures. For that reason, there may be some variations to the list of the entities above.

For specific information about a Party, visit the page here.

Are there activities that are exempt from the MGR Mechanism requirements?

Yes. The negotiating countries wanted to ensure that certain activities that are already regulated for a different purpose (e.g., fishing) not be entangled in the MGR Mechanism requirements. Also, there were concerns about the MGR Mechanism requirements interfering with their national security interests. To address such concerns, in the BBNJ Treaty, the following activities in areas beyond national jurisdiction (ABNJ) and resources of ABNJ are exempt with certain conditions:

  • Fishing regulated under relevant international law and fishing-related activities; or
  • Fish or other living marine resources known to have been taken in fishing and fishing-related activities from ABNJ, except where such fish or other living marine resources are regulated as utilization as part of the BBNJ Treaty.
  • A Party’s military activities, including military activities by government vessels and aircraft engaged in non-commercial service. However, each Party must adopt appropriate measures (without impairing the operations or operational capabilities of such vessels or aircraft owned or operated by it) so that such vessels or aircraft act in a manner consistent, so far as is reasonable and practicable, with the Treaty.

Ref. BBNJ Treaty Art. 4, 10.2, and 10.3

When will the MGR Mechanism requirements become effective?

The trigger of the MGR Mechanism requirements may vary depending on the Party. Such potential variance is due to the option for a Party to “opt out” of the MGR Mechanism, in terms of application of the Treaty requirements.

The requirements will become effective once the BBNJ Treaty enters into force for those entities that are under the jurisdiction of a Party to the BBNJ Treaty. Specifically, the notification and benefit-sharing will become mandatory for all the collection, post-collection, and utilization activities (unless they are exempt—see above) that occur after the Treaty enters into force.

However, for the entities under the jurisdiction of a Party that did not opt out, the notification and benefit-sharing requirements will also apply to utilization of MGRs collected and digital sequence information generated before entry into force (each prospective Party has an option to opt out of this requirement in writing at the time of signature, ratification, approval, acceptance, or accession to the Treaty). Let's take an example of an MGR that was collected in 1950 in ABNJ, but utilized after the Treaty enters into force. The MGR Mechanism requirements would apply. In another example, if digital sequence information was generated in the year 2000 and utilized after the Treaty enters into force, then the MGR Mechanism requirements would apply.

Ref. BBNJ Treaty Art. 10.1

For specific information about a Party, visit the page here.

Are there conditions to collecting MGRs in ABNJ and/or generating and utilizing digital sequence information associated with the MGRs?

Yes. The following conditions apply to collecting MGRs in ABNJ and/or generating and utilizing digital sequence information associated with the MGRs of ABNJ:

  • Parties to the Treaty must promote cooperation on all activities associated with MGRs and digital sequence information.
  • No country must claim or exercise sovereignty or sovereign rights over MGRs of ABNJ. No such claim or exercise of sovereignty or sovereign rights must be recognized.
  • Collection activities in ABNJ must be carried out with due regard for the rights and legitimate interests of coastal States in areas within their national jurisdiction and with due regard for the interests of other States in areas ABNJ, in accordance with UNCLOS. To this end, Parties must endeavor to cooperate, as appropriate, including through the operation of the Clearing-House Mechanism, with a view to implementing the Treaty.
  • Collection in situ of MGRs of ABNJ must not constitute the legal basis for any claim to any part of the marine environment or its resources.
  • Activities with respect to MGRs and digital sequence information on MGRs of ABNJ are in the interests of all countries and for the benefit of all humanity, particularly for the benefit of advancing the scientific knowledge of humanity and promoting the conservation and sustainable use of marine biological diversity, taking into consideration the interests and needs of developing countries.
  • Activities with respect to MGRs and digital sequence information on MGRs of ABNJ must be carried out exclusively for peaceful purposes.

Ref. BBNJ Treaty Art. 11.2 through 11.7

What is the overall flow of the notification requirements in the MGR Mechanism?

The diagram below provides an overall flow of information to the Clearing House Mechanism (ClHM) that will be created as part of the Treaty. The exact platform and functions of the ClHM will be decided at the first Conference of the Parties, however, it will be open access not only to the countries that are Parties, but also, to the public. The automatically generated “BBNJ” Standardized Batch ID needs to be used throughout the pre-collection, post-collection, and utilization so that the organisms and digital sequence information can be identified.

Diagram 1 

A diagram shows how three types of notification will be made to the Clearing-house mechanism: pre-collection, post-collection, and utilization. Traditional knowledge notification is voluntary.

Ref. BBNJ Treaty Art. 12 and 13.

What is the pre-collection notification?

For the entities that will engage in the collection of organisms in ABNJ, the following information must be notified to the Clearing House Mechanism, 6 months or as early as possible prior to the collection of MGRs in ABNJ:

  • The nature and objectives under which the collection is carried out, including, as appropriate, any program(s) of which it forms part;
  • The subject matter of the research or, if known, the marine genetic resources to be targeted or collected, and the purposes for which such resources will be collected;
  • The geographical areas in which the collection is to be undertaken;
  • A summary of the method and means to be used for collection, including the name, tonnage, type and class of vessels, scientific equipment and/or study methods employed;
  • Information concerning any other contributions to proposed major programs;
  • The expected date of first appearance and final departure of the research vessels, or deployment of the equipment and its removal, as appropriate;
  • The name(s) of the sponsoring institution(s) and the person in charge of the project;
  • Opportunities for scientists of all States, in particular scientists from developing States, to be involved in or associated with the project;
  • The extent to which it is considered that States that may need and request technical assistance, in particular developing States, should be able to participate or to be represented in the project; and
  • A data management plan prepared according to open and responsible data governance, taking into account current international practice.

Note that if there is any material change to the information in the pre-collection notification provided to the Clearing-House Mechanism, updated information must be notified to the Clearing-House Mechanism within a reasonable period and no later than the start of collection in situ, when practicable.

Ref. BBNJ Treaty Art. 12.2, and 12.4

For background information on research activities that involve collection of organisms in ABNJ, visit the page here.

What is the “BBNJ” Standardized Batch Identification? How will it be generated and used?

The Clearing-House Mechanism will automatically generate and send the “BBNJ” Standardized Batch Identification (BSBI)", a type of a unique identifier, to the entity that submits the pre-collection notification. The BSBI will be used as a reference identification on the samples collected in ABNJ. The BSBI will allow the MGRs and the associated digital sequence information to have a unique reference identification for the collection activities associated with the pre-collection notification. The BSBI will be referenced throughout the phases of storage, transfer, and use thereof. The BBNJ Treaty considers the BSBI to be the tool that will allow the Parties to achieve monitoring and transparency associated with the collection, storage, transfer, and use of MGRs of ABNJ.

Practically, a research institution where the principal investigator (chief scientist) is housed will receive a BSBI and the scientist will use it as a reference number, along with various other identifiers that may be used for that project (e.g., cruise number, etc.). It is important to note that the BSBI does not create a tracking responsibility. In another words, the institution that was involved in the collection activity or subsequent entity that possesses the organism or the digital sequence information does not need to track every transfer or use thereof. Rather, the BSBI allows subsequent users to trace back the origin of the organism or the data/information associated with the MGR of ABNJ should there be an interest or a requirement to do so.

Ref. BBNJ Treaty Art. 12.

What is the post-collection notification and the deadline associated with the notification?

The post-collection notification includes the following information, along with the “BBNJ” standardized batch identifier (BSBI):

  • The repository or database where digital sequence information on MGRs is or will be deposited;
  • Where all MGRs collected in situ are or will be deposited or held;
  • A report detailing the geographical area from which MGRs were collected, including information on the latitude, longitude and depth of collection, and, to the extent available, the findings from the activity undertaken;
  • Any necessary updates to the data management plan provided as part of the pre-collection notification or subsequent updates, if any.

The above information is required to be submitted to the Clearing-House Mechanism as soon as it becomes available, but no later than one year from the collection in situ of MGRs of ABNJ.

Ref. BBNJ Treaty Art. 12.5

For background information on research activities that involve the collected organisms and associated data/information, visit the page here.

Are there requirements for repositories and databases associated with the MGR notification requirements?

Parties must ensure that repositories, to the extent practicable, and databases under their jurisdiction prepare, on a biennial basis, an aggregate report on access to MGRs and digital sequence information linked to their “BBNJ” standardized batch identifier and make the report available to the access and benefit-sharing committee.

Ref. BBNJ Treaty Art. 12.7

For background information on sample storage and management, visit the page here.

What is "utilization of MGRs" and notification requirements associated with such activity?

The BBNJ Treaty defines “utilization of marine genetic resources” as:

…to conduct research and development on the genetic and/or biochemical composition of marine genetic resources, including through the application of biotechnology.

Further, “biotechnology” used in the above definition is defined as:

…any technological application that uses biological systems, living organisms, or derivatives thereof, to make or modify products or processes for specific use.

In terms of “utilization of MGRs,” the list of information below, if available, must be notified to the Clearing-House Mechanism as soon as such information becomes available. The notification requirement applies to MGRs of ABNJ, and where practicable, the associated digital sequence information. The notice must include the “BBNJ” standardized batch identifier (BSBI) for the relevant MGRs or the associated digital sequence. Note that the Treaty specifically states that “utilization of MGRs” includes commercialization. The notice requirement applies to those who are within the jurisdiction of a Party country.

  • Where the results of the utilization, such as publications, patents granted, if available and to the extent possible, and products developed, can be found;
  • Where available, details of the post-collection notification to the Clearing-House Mechanism related to MGRs that were the subject of utilization;
  • Where the original sample that is the subject of utilization is held;
  • The modalities envisaged for access to MGRs and digital sequence information on MGRs being utilized, and a data management plan for the same;
  • Once marketed, information, if available, on sales of relevant products and any further development.

Ref. BBNJ Treaty Art. 1.3, 1.14, and 12.8

For background information about publications, patents, and commercialization, visit the page here. For specific information about a Party, visit the page here.

Are there reasonable conditions that would allow for some flexibility with the notification requirements (i.e., pre-collection, post-collection, and utilization) discussed above?

Yes. In addition to the specific qualifiers used in some of the requirements, the BBNJ Treaty has “reasonable conditions” built into the notification requirements with the aim to not hinder scientific research and development. Specifically, access to MGRs and digital sequence information on MGRs in the repositories and databases under a Party’s jurisdiction may be subject to the following conditions:

  • The need to preserve the physical integrity of MGRs;
  • The reasonable costs associated with maintaining the relevant gene bank, biorepository or database in which the sample, data or information is held;
  • The reasonable costs associated with providing access to the MGRs, data or information;
  • Other reasonable conditions in line with the objectives of this Agreement; and opportunities for such access on fair and most favorable terms, including on concessional and preferential terms, may be provided to researchers and research institutions from developing countries.

Ref. BBNJ Treaty Art. 14.4

For specific information about a Party, visit the page here.

How is traditional knowledge treated in the MGR Mechanism?

There is a separate information exchange system for traditional knowledge due to existing rights and obligations and the sensitivities associated with confidential information and cultural requirements. Access to such traditional knowledge may be facilitated by the Clearing-House Mechanism but it is not mandatory.

The Treaty also has mandatory benefit-sharing requirements that are unique to traditional knowledge associated with MGRs of areas beyond national jurisdiction (ABNJ). The Parties must take legislative, administrative or policy measures, where relevant and as appropriate to ensure that traditional knowledge associated with MGRs in ABNJ that is held by Indigenous Peoples and local communities (IPlc) shall only be accessed with the free, prior, and informed consent or approval and involvement of these IPlc. Access to and use of such traditional knowledge must be on mutually agreed terms.

Ref. BBNJ Treaty Art. 13.

For more information about traditional knowledge and the rights of IPlcs, please visit this page.

How will the Parties ensure transparency on the implementation and compliance of the MGR Mechanism requirements?

The Conference of the Parties (COP) will ensure transparency on the implementation and compliance with the MGR Mechanism requirements through the use of the “BBNJ” standardize bath identifiers (BSBI), which will be used for the pre-collection, post-collection, and utilization activities. The BSBI is a labeling system that will allow any interesterd person/entity to obtain relevant information associated with MGRs of areas beyond national jurisdiction (ABNJ).

The Parties to the Treaty is required to periodically submit reports to the access and benefit-sharing committee on their implementation on the requirements associated with the MGR Mechanism.

The access and benefit-sharing committee is required to prepare a report based on the information received through the Clearing-House Mechanism and make it available to the Parties, which may submit comments. The access and benefit-sharing committee will then submit the report, including comments received, for the consideration of the COP. The COP, taking into account the recommendation of the access and benefit-sharing committee, may determine appropriate guidelines for the implementation of the MGR Mechanism requirements, which must take into account the national capabilities and circumstances of the Parties.

Ref. BBNJ Treaty Art. 16.

For specific information on the outcome of the COP meetings, visit the page here. For specific information about a Party, visit the page here.