1.The [F1Secretary of State] and the Commission shall request all recipients of research funding involving the utilisation of genetic resources and traditional knowledge associated with genetic resources to declare that they exercise due diligence in accordance with Article 4.
2.At the stage of final development of a product developed via the utilisation of genetic resources or traditional knowledge associated with such resources, users shall declare to the competent authorities referred to in Article 6(1) that they have fulfilled the obligations under Article 4 and shall simultaneously submit:
(a)the relevant information from the internationally-recognised certificate of compliance; or
(b)the related information as referred to in Article 4(3)(b)(i)-(v) and Article 4(5), including information that mutually agreed terms were established, where applicable.
Users shall further provide evidence to the competent authority upon request.
3.The competent authorities shall transmit the information received on the basis of paragraphs 1 and 2 of this Article to the Access and Benefit-Sharing Clearing House, established under Article 14(1) of the Nagoya Protocol, F2... and, where appropriate, to the competent national authorities referred to in Article 13(2) of the Nagoya Protocol.
4.The competent authorities shall cooperate with the Access and Benefit-Sharing Clearing House to ensure the exchange of the information listed in Article 17(2) of the Nagoya Protocol for monitoring the compliance of users.
5.The competent authorities shall take due account of the respect of confidentiality of commercial or industrial information where such confidentiality is provided for by F3... national law to protect a legitimate economic interest, in particular concerning the designation of the genetic resources and the designation of utilisation.
6.The [F4Secretary of State may, by regulations,] establish the procedures for implementing paragraphs 1, 2 and 3 of this Article. [F5When making regulations under this paragraph, the Secretary of State must] determine the stage of final development of a product in order to identify the final stage of utilisation in different sectors. F6...
Textual Amendments
F1Words in Art. 7(1) substituted (31.12.2020) by The Nagoya Protocol (Compliance) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1393), regs. 1, 3(7)(a); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 7(3) omitted (31.12.2020) by virtue of The Nagoya Protocol (Compliance) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1393), regs. 1, 3(7)(b); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 7(5) omitted (31.12.2020) by virtue of The Nagoya Protocol (Compliance) (Amendment) (EU Exit) Regulations 2018 (S.I. 2018/1393), regs. 1, 3(7)(c); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 7(6) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 7(3)(a); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 7(6) substituted (31.12.2020) by The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 7(3)(b); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 7(6) omitted (31.12.2020) by virtue of The Environment and Wildlife (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/473), regs. 1, 7(3)(c); 2020 c. 1, Sch. 5 para. 1(1)