Subject
The draft law aims to regulate access to genetic resources or associated traditional knowledge and to ensure the fair and equitable sharing of benefits arising from their use, in implementation of the Nagoya Protocol. It sets out the institutional framework, the conditions for granting licenses, the benefit-sharing mechanisms, and the control and sanction provisions.
Key provisions
- It defines its scope as genetic resources in all their forms and associated traditional knowledge, excluding in particular human genetic resources and the resources listed in Annex I of the International Treaty on Plant Genetic Resources for Food and Agriculture.
- It establishes a national committee for genetic resources and associated traditional knowledge, chaired by the government authority responsible for sustainable development, to examine license applications and issue opinions.
- It subjects access to genetic resources to a personal, non-transferable license valid for five years and renewable, and requires a sample of the resource to be deposited in national gene banks.
- It requires the fair and equitable sharing of benefits between the provider and the user under mutually agreed terms, in monetary or non-monetary form.
- It provides for powers to investigate and record offences, seizures, a settlement procedure, and penalties of 500,000 to 2,000,000 dirhams in fines and/or imprisonment, doubled in case of repeat offences.
Context
The draft implements the Nagoya Protocol, approved by Law No. 13.12, and falls within the framework of Framework Law No. 99.12 establishing the National Environmental Charter.