Commission encourages international solidarity
when utilizing exotic plants
European Commission
When an EU company uses exotic plants like Aloe Vera for producing cosmetics
it should share the benefits of this use with the country where the plant
came from. This is the key message in a Communication just adopted by
the European Commission. The use of exotic plants like Aloe Vera, Ginseng,
Green Tea, Jojoba Oil, etc is widespread in the EU, particularly in cosmetics.
Several industry sectors are investing in research to discover new applications
for such so called "genetic resources" in medicines, cosmetics
or agriculture. The Communication urges companies and research institutes
not to take genetic resources from other countries - usually developing
countries that are rich in bio-diversity - without their consent. European
companies and research institutes should guarantee that the countries
of origin get a fair share of the profits and research results arising
from the use of their resources.
Environment Commissioner Margot Wallström said: "This is
an issue of equity and fairness. The EU wants the developing countries
to have a fair and equitable share of the benefits arising from the use
of so-called genetic resources. The Commission wants to ensure that companies
and research institutes act responsibly and share these gains with developing
countries. If these countries use the benefits to protect bio-diversity
and foster nature conservation, this could provide a win-win situation
for trade and for the environment".
By its action, the EU is taking the lead among industrialised countries
in responding to developing countries' requests for efforts to share the
benefits which come from using their resources. The initiative is in accordance
with the 1992 United Nations Convention on Biological Diversity (CBD)
and the Bonn Guidelines on Access and Benefit Sharing (ABS) adopted under
the Convention in 2002.
What are genetic resources?
Genetic resources are materials of plant, animal or microbial origin.
They are usually found in the southern hemisphere, mostly Latin America,
south-east Asia, Oceania and Africa. They are of fundamental importance
to many areas of scientific research, like plant breeding for agriculture
and horticulture, and for a wide range of industrial sectors, including
biotechnology, pharmaceuticals, medicine, and cosmetics. For example,
various plants have cosmetic applications: cinnamon has essential oils
with antiseptic properties, green tea has a free radical scavenging property
and horse chestnut is an astringent. Also it is claimed that some of the
top-selling botanical medicines have special properties such as increasing
energy (ginseng), combating anxiety (kava) or treating wounds and skin
problems (aloe vera).
Many European firms already make wide use of these plants and some make
major investments in order to discover possible new applications for genetic
resources.
Commission proposals
The Communication on access to genetic resources and benefit-sharing
strongly encourages companies and research institutions to use standard
agreements with the providers of genetic resources when they seek access
to them. These agreements should set out terms and conditions under which
genetic resources could be accessed and used and how the benefits from
their use should be shared with the providers. Providers of genetic resources
may be governments, local authorities, land owners, indigenous peoples
and local populations. All users of genetic resources are also encouraged
to develop their own codes of conduct as a means of respecting the Convention
on Biological Diversity.
In addition, the Commission envisages taking a series of measures, such
as:
Awareness raising
Different measures which could raise users' awareness of their obligations
under the Convention on Biological Diversity. These include the creation
of a European network to provide immediate access to information on existing
laws at international, European and national level on Access and Benefit
Sharing (ABS).
Intellectual property rights in the EU
The Communication opens the debate on the introduction into EU law of
a requirement for patent applicants to reveal where they got their genetic
resources from and if they made use of the 'traditional knowledge' of
indigenous peoples or local populations.
Action in international fora
The Communication also stresses the need for fully co-ordinated EU action
within all international fora dealing with the different aspects of ABS,
such as bio-diversity, agriculture, trade and intellectual property. This
would provide a consistent international regime governing ABS.
Next steps
The Council of Ministers and the European Parliament have been invited
to give their views on the different proposals made. The Commission has
already started working on a number of initiatives, such as awareness
raising. In 2004, the Commission will also consult civil society before
deciding the way forward on these proposals.
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