Accessing biological control genetic resources and sharing benefits resulting from their utilization

With the adoption of the Convention on Biological Diversity (CBD) in 1992, the sovereign rights of states over their natural resources were explicitly recognized and the authority of national governments to determine access to genetic resources confirmed. The CBD had a major impact on the global exchange of genetic resources, including genetic resources for food and agriculture. At national level, the CBD triggered the development of access and benefit-sharing (ABS) measures through which governments aim to enforce national sovereignty over genetic resources with the aim to partake in the benefits derived from the use of these resources. At global level, the CBD triggered multiple normative initiatives, including the adoption of an international instrument on plant genetic resources and the development of a Protocol to the CBD. The history of the Commission on Genetic Resources for Food and Agriculture, established in 1983 by the Food and Agriculture Organization of the United Nations (FAO), is paradigmatic for the historical transition from “common heritage” to “national sovereignty” over biological diversity, including genetic resources. This article briefly recapitulates key milestones in the development of ABS policies and measures. The article identifies some of the difficulties ABS measures may create for relevant stakeholders, in particular the biological control sector and explores options for this sector to cope with the new reality of the Nagoya Protocol and the diversity of national ABS measures. It is of pivotal importance that national governments when developing and implementing ABS measures take into account the distinctive needs and features of the food and agriculture sector, including those of the biological control sector.