ABS stands for Access and Benefit - Sharing. Access means requesting a permit to collect and utilise genetic resources (in-situ and ex-situ resources), and Benefits-Sharing means giving something back to the country where the material comes from.

The Convention on Biological Diversity (CBD), entered into force in December 1993. The CBD recognises that countries have sovereign rights over their natural resources, and its ‘third’ objective is the fair and equitable sharing of benefits arising from the utilisation of genetic resources, it means, between the users of genetic resources (commercial and non-commercial) and the countries providing those resources.

The Nagoya Protocol, which entered into force on the 12th October 2014, is a further supplementary agreement that aims to provide a clear, transparent and non-arbitrary international framework to implement the ‘third’ objective of the CBD. In other words, the Nagoya Protocol is the international framework for ABS and compliance. In the Annex of the Protocol, you can find examples of non-monetary and monetary benefits that could be shared from the utilisation of genetic resources and/or traditional knowledge of indigenous people and local communities associated with genetic resources. The ABS measures may cover genetic resources that are acquired in situ (from their natural origin in a country) and ex situ (meaning genetic resources that may be stored in an institute that is not in the country where it originally came from, or even if you buy them in the store).

A is for access

Each country decides if they regulate access to their genetic resources and how. NOT implemented at EU Level – each Member State has the right to decide. Provider countries may request a prior informed consent (PIC) – it means asking for permission first. The ABS National Focal Points should provide information on the country’s ABS rules and procedures.

B is for Benefit-sharing

Benefit-sharing is based on mutually agreed terms (MAT) between the provider country and the user. Benefits could be monetary or non-monetary.

C is for compliance

Measures to control that the material, utilised within its jurisdiction, have been accessed legally. Compliance obligations are determined at the EU level though the Regulation (EU) No 511/2014. It establishes the framework for member states on obligations for users of genetic resources within the EU.

This check point refers to making sure that the institution hosting the specimens that you wish to sample has clear documentation/information that clearly determines whether the specimens are in or out -of-scope of EU ABS regulations. In the case that the specimen/s are in scope, the institution should have all the necessary associated ABS documents.

• Check that they have internal ABS guidelines e.g. How they manage the use of specimens in the scope of ABS.

• Check that they have clear information on specimen acquisition e.g. date,location and data collected in the field.

• Check that they have Mutually Agreed Terms e.g. Official documentation that describes the terms of use of the specimen as agreed between the user and the provider country (the country from which the sample was collected in-situ) if needed.

Helpful Resources

Also please look at the resource database to see more resources LINK

If you know where and when the specimen was collected, and the date is after the Nagoya Protocol came into effect, but the institution does not have any documentation to confirm that they performed their due diligence or have mutually agreed terms (MATs), you will need to check the provider country's regulations on Access and Benefit Sharing (ABS) and determine if your research is in scope or not. Please see the information in Checkpoints 6 on how to do this.

If the institution does not have the dates of when the specimen(s) were collected and there is no documentation regarding ABS, it is best to look for alternative samples.

If you answered yes: You can use the specimen without asking the provider country (the country of origin where the specimen was derived). Note* Also check if transfer to third parties is permitted or not.

If you answered No: If your intended utilisation of the specimen is outside the terms of the MAT, then you will have to negotiate new agreed terms with the provider country. Please continue with the assessment below.

Note: The provider country is the country where the material originally comes from or where you will be sampling.

• Check when and where the material was collected.

• Check if the research you want to conduct s in the scope of ABS measures

• You can check the provider country ABS status in the CBD ABS clearing house (https://absch.cbd.int/en/), which will also provide the National Focal Points (NFPs). It should have information on the country's particular regulations and how to comply. If in doubt contact the National Focal Point.

Not all countries are party to the Nagoya protocol. EU member states may adopt ABS regulations measures as they feel appropriate, so thus regulations may differ from country to country. If you are sampling in Switzerland or the United Kingdom you should see their regulations.

Users should contact the National Focal Point (NFP) or Competent National Authority (CNA) to obtain Prior Informed Consent (PIC) as soon as possible, prior to conducting your fieldwork. You will find information on how to contact the NFPs in the ABS clearing house: (https://absch.cbd.int/en/),

As a user you must inform the CNA fully about your planned sampling and utilisation of the genetic resources, including if you intend to transfer samples to any third parties. Depending on the national legislation in the country, it may also be necessary to involve other interested parties such as local communities or Indigenous Peoples) in the PIC process. After this written Mutually Agreed Terms (MAT) will be established and agreed upon.This is an important document that you must keep safe. You can ask the CNA to inform the CBD of this so that an internationally recognised certificate of compliance (IRCC) can be lodged with the ABS Clearing House. (reference from ABS NL focal point). The genetic resources obtained should only be used in accordance with the conditions articulated in the MAT, and you should carefully document the use you make of them.

DECLARE is a web based application(DECLARE). It requires a login. When you get to this point you have done most of the work, as the due diligence obligation exercise is quite easy.. It is five questions and is simply entering in the information that you have already accumulated (permits and permissions etc), and so it is a five min process. You should safely store all documents so if genetic materials obtained are transferred to a third party they are accompanied with these documents.. However, prior to any third party transfer you must ensure this is allowed within the conditions of the MAT. Even if allowable, you still must have a paper track of the transfer. Finally, if you are receiving material from an external party you should always ask where the material was obtained from.

Below are the references used to for writing the checkpoints, and are good resource starting points. Please also see the resource hub for more resources.

1. Convention on Biological Diversity (n.d.). ABS Factsheet: Frequently Asked Questions. Available at: https://www.cbd.int/doc/programmes/abs/factsheets/abs-factsheet-faqs-en.pdf

2. Consortium of European Taxonomic Facilities (CETAF) ( 2019). Code of Conduct & Best Practice for Access and Benefit‑Sharing [Leaflet]. Available at: https://www.cetaf.org/wp-content/uploads/

3. Consortium of European Taxonomic Facilities (CETAF) (2019). CETAF Code of Conduct and Best Practices. Available at: https://cetaf.org/wp-content/uploads/CETAF_Code-of-Conduct-and-Best-Practices_UK-final-version.pdf

4. European Parliament and Council of the European Union (2014). Regulation (EU) No 511/2014 of 16 April 2014 on compliance measures for users under the Nagoya Protocol (text with EEA relevance) [Regulation]. Official Journal of the European Union L 150, pp. 59–71. Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:32014R0511 (Accessed: 28 August 2025).

5. European Commission (2014). Nagoya Protocol: Questions and Answers [Press Release]. Available at: https://ec.europa.eu/commission/presscorner/detail/en/memo_14_411

6. European Commission (2021). Guidance document on the scope of application and core obligations of Regulation (EU) No 511/2014 of the European Parliament and of the Council on the compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation in the Union (2021/C 13/01). Official Journal of the European Union C 13, pp. 1–22. Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv%3AOJ.C_.2021.013.01.0001.01.ENG&toc=OJ%3AC%3A2021%3A013%3ATOC

7. Nagoya Protocol Compliance Self-Assessment Tool (n.d.). Self-Assessment Tool for ABS Compliance in Organizations. Available at: https://nagoyaprotocol.myspecies.info/content/self-assessment-tool-abs-compliance-organizations

8. Nagoya Protocol Hub (n.d.). Homepage. Available at: https://nagoyaprotocol-hub.de/

9. Rochette, N.C., et al. (2023). Global survey of biodiversity access and benefit sharing awareness and capacity. bioRxiv. Available at: https://www.biorxiv.org/content/10.1101/2023.06.28.546652v4

10. Scarlett Sett & Dirk Neumann (2023). Biodiversity Genomics workshop on ABS Training Materials: Training Videos (1 & 2) and Presentations [Videos 1, Video 2 and presentation slides]. BGE Project.

11. Secretariat of the Convention on Biological Diversity (2010). Introduction to Access and Benefit‑Sharing (ABS) [Brochure]. Available at: https://www.cbd.int/abs/infokit/brochure-en.pdf (Accessed: 28 August 2025).

When using AI tools (e.g. ChatGPT or other large language models) in research, publication, or data processing, clearly state their use in your methodology or acknowledgements. AI-generated content or assistance should not be presented as original human-authored work without disclosure.

Under the EU AI Act (2024) AI systems used in scientific research must follow transparency obligations. This includes declaring AI use in content creation, ensuring human oversight, and avoiding misleading or biased outputs.

If working in a host institution, do not run AI tools on their data or specimens without permission. Some institutions have policies about what can be digitised, shared, or analysed.

Avoid using AI to make autonomous decisions about individuals, species classifications, access permissions, or ethical compliance. Please make sure when using AI tools that you maintain oversight, especially where decisions may affect people, conservation priorities, or legal obligations.

Add resource: https://digital-strategy.ec.europa.eu/en/policies/regulatory-framework-ai

European Commission (n.d.). Regulatory Framework for Artificial Intelligence. Available at: https://digital-strategy.ec.europa.eu/en/policies/regulatory-framework-ai

European Parliament and Council of the European Union (2024). Regulation (EU) 2024/1689 of 13 June 2024 laying down harmonised rules on artificial intelligence and amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act) [Regulation]. Official Journal of the European Union L 202, pp. 1–266. Available at: https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32024R1689

European Parliament and Council of the European Union (2016). Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) [Regulation]. Official Journal of the European Union L 119, pp. 1–88. Available at: https://eur-lex.europa.eu/eli/reg/2016/679/oj/eng

If you are team leader and your sampling activity involves other participants, please review your institution's cultural and ethnic equality strategy, diversity & inclusion policy, or similar guidance, ensuring your activity aligns with it. If not refer to the EU legislation combating racial or ethnic discrimination. Make sure research activities align with both your own and the host institutions value around diversity and inclusion.

See check point 3 for references

  If you are team leader and your sampling activity involves other participants, you should foster an inclusive environment where individuals from diverse cultural and ethnic backgrounds can participate fully in sampling activities, whether they are staff, students, visiting researchers, or volunteers. In institutional settings, this means being mindful of practical or cultural barriers, such as unequal access to collections, tools, or training. Encourage open communication, value diverse perspectives, and ensure all contributors are appropriately acknowledged.

European Commission (n.d.). EU Legislation Combating Racial or Ethnic Discrimination. Available at: https://commission.europa.eu/strategy-and-policy/policies/justice-and-fundamental-rights/combatting-discrimination/tackling-discrimination/eu-legislation-combating-racial-or-ethnic-discrimination_en

European Commission (2020). EU Anti-Racism Action Plan 2020–2025. Available at: https://commission.europa.eu/strategy-and-policy/policies/justice-and-fundamental-rights/combatting-discrimination/racism-and-xenophobia/eu-anti-racism-action-plan-2020-2025_en

Before starting, communicate clearly with the host institution about the purpose, methods, and scope of your sampling activity. Provide this information to all participants.

Always follow the host institution’s formal procedures for requesting access or sampling. Also the Access and Benefit-Sharing for Sampling ex-situ collections.

Also make sure you have received participants consent for being taking part in the sampling activity. If the activity involves physical risk, or external collaboration, use a written consent form that outlines the key details. The form should be:

• Provided in advance

• Signed voluntarily

• Retained for documentation (especially in EU-funded or ethics-reviewed projects).

If your institution has official protocols for providing informed consent, then please follow them. If you are in a host institution also be aware of their requirements for working in their collections especially if it involves external people.

If you are team leader and your sampling activity involves other participants, then follow your own institution’s Gender Equality Plan or inclusive research policy.

If no plan is available, please see the EU’s resources on gender equality in research. See check point 3 for references

Ensure equal opportunities for participation in sampling activities, including leadership and decision-making roles. Strive for gender balance in sampling teams, avoiding unconscious bias in how roles are assigned or who is included.

In some EU-funded projects (e.g. Horizon Europe), reporting on gender participation may be required. Track team composition and participation data where relevant.

European Commission (n.d.). Gender Equality Strategy. Available at: https://commission.europa.eu/strategy-and-policy/policies/justice-and-fundamental-rights/gender-equality/gender-equality-strategy_en

Whether in your own institution or another, all researchers, staff, students, and volunteers must work under conditions that comply with national labour laws and institutional policies.

Before your sampling activity begins, assess whether you collect or use any personal data (e.g. Names, contact details, images, audio recordings or any data linked to participants. If so GDPR likely applies. Please refer to your institution's policies for confirmation, also it may contain mandatory consent templates, storage specifications or reporting requirements.

If personal data is involved, make sure your activity follows key GDPR principles including:

• Informed consent: Clearly explain how the data will be used, stored, shared, and how the owner can access and request for withdrawal.

• Data limitation: only collect what date is necessary.

• Purpose limitation: don’t use the data for purposes other than what was agreed

• Security: use secure storage (e.g. encrypted drives or approved or approved platforms)

• Access control: limit who can view or process the data.

Resources EU GDPR Leglisation.