1.The [F1Secretary of State] shall establish and maintain a register of collections F2... (‘the register’). The [F1Secretary of State] shall ensure that the register is internet-based and is easily accessible to users. The register shall include the references of the collections of genetic resources, or of parts of those collections, identified as meeting the criteria set out in paragraph 3.
[F32.The Secretary of State must, upon request by a collection holder, consider the inclusion of that collection, or a part of it, in the register. After verifying that the collection, or a part of it, meets the criteria set out in paragraph 3, the Secretary of State must without delay include the information received in the register.]
3.In order for a collection or a part of a collection to be included in the register, a collection shall demonstrate its capacity to:
(a)apply standardised procedures for exchanging samples of genetic resources and related information with other collections, and for supplying samples of genetic resources and related information to third persons for their utilisation in line with the Convention and the Nagoya Protocol;
(b)supply genetic resources and related information to third persons for their utilisation only with documentation providing evidence that the genetic resources and the related information were accessed in accordance with applicable access and benefit-sharing legislation or regulatory requirements and, where relevant, with mutually agreed terms;
(c)keep records of all samples of genetic resources and related information supplied to third persons for their utilisation;
(d)establish or use unique identifiers, where possible, for samples of genetic resources supplied to third persons; and
(e)use appropriate tracking and monitoring tools for exchanging samples of genetic resources and related information with other collections.
[F44.The Secretary of State must regularly verify that each collection or part of a collection included in the register meets the criteria set out in paragraph 3.
Where there is evidence, on the basis of information provided pursuant to paragraph 3, that a collection or a part of collection included in the register does not meet the criteria set out in paragraph 3, the Secretary of State must, in dialogue with the collection holder concerned and without undue delay, identify remedial actions or measures.
Where the Secretary of State determines that a collection or a part of a collection no longer complies with paragraph 3, the Secretary of State must remove the collection or the part of the collection concerned from the register.]
5.The [F5Secretary of State may, by regulations,] establish the procedures for implementing paragraphs 1 to 4 of this Article. F6...
Textual Amendments
F1Words in Art. 5(1) substituted (31.12.2020) by The Nagoya Protocol (Compliance) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1393), regs. 1, 3(5)(a)(i); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 5(1) omitted (31.12.2020) by virtue of The Nagoya Protocol (Compliance) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1393), regs. 1, 3(5)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F3Art. 5(2) substituted (31.12.2020) by The Nagoya Protocol (Compliance) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1393), regs. 1, 3(5)(b); 2020 c. 1, Sch. 5 para. 1(1)
F4Art. 5(4) substituted (31.12.2020) by The Nagoya Protocol (Compliance) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1393), regs. 1, 3(5)(c); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 5(5) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 7(2)(a); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 5(5) omitted (31.12.2020) by virtue of The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 7(2)(b); 2020 c. 1, Sch. 5 para. 1(1)