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Regulation (EU) No 511/2014 of the European Parliament and of the CouncilShow full title

Regulation (EU) No 511/2014 of the European Parliament and of the Council of 16 April 2014 on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union (Text with EEA relevance)

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CHAPTER IIIU.K.FINAL PROVISIONS

Article 12U.K.Cooperation

The competent authorities referred to in Article 6(1) shall:

(a)

cooperate with each other F1... in order to ensure that users comply with this Regulation;

(b)

consult, if appropriate, with stakeholders on the implementation of the Nagoya Protocol and this Regulation;

(c)

cooperate with the competent national authorities referred to in Article 13(2) of the Nagoya Protocol in order to ensure that users comply with this Regulation;

(d)

F2...

(e)

exchange information on the organisation of their system of checks for monitoring user compliance with this Regulation.

Article 13U.K.Complementary measures

The [F3Secretary of State] shall, as appropriate:

(a)

promote and encourage information, awareness-raising and training activities to help stakeholders and interested parties to understand their obligations arising from the implementation of this Regulation, and of the relevant provisions of the Convention and the Nagoya Protocol in the [F4United Kingdom];

(b)

encourage the development of sectoral codes of conduct, model contractual clauses, guidelines and best practices, particularly where they would benefit academic, university and non-commercial researchers and small and medium-sized enterprises;

(c)

promote the development and use of cost-effective communication tools and systems in support of monitoring and tracking the utilisation of genetic resources and traditional knowledge associated with genetic resources by collections and users;

(d)

provide technical and other guidance to users, taking into account the situation of academic, university and non-commercial researchers and of small and medium-sized enterprises, in order to facilitate compliance with the requirements of this Regulation;

(e)

encourage users and providers to direct benefits from the utilisation of genetic resources towards the conservation of biological diversity and the sustainable use of its components in accordance with the provisions of the Convention;

(f)

promote measures in support of collections that contribute to the conservation of biological diversity and cultural diversity.

[F5Article 14U.K.Regulations

1.Regulations made under this Regulation are to be made by statutory instrument.

2.A statutory instrument containing regulations made under this Regulation is subject to annulment in pursuance of a resolution of either House of Parliament.

3.Such regulations may—

(a)contain consequential, incidental, supplementary, transitional or saving provision (including provision amending, repealing or revoking enactments (which has the meaning given by section 20(1) of the European Union (Withdrawal) Act 2018));

(b)make different provision for different purposes.]

F6Article 15U.K.Consultation forum

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F7Article 16U.K.Reports and review

1.Unless an alternative interval for reports is determined, as referred to in Article 29 of the Nagoya Protocol, the Secretary of State must prepare a report on the application of this Regulation every five years beginning with the day after exit day.

2.Every 10 years after the first report the Secretary of State must, on the basis of reporting on, and experience with the application of, this Regulation, review the functioning and effectiveness of this Regulation in achieving the objectives of the Nagoya Protocol. In carrying out the review the Secretary of State must, in particular, consider the administrative consequences for public research institutions, micro, small or medium-sized enterprises and specific sectors. The Secretary of State must also consider the need to review the implementation of the provisions of this Regulation in light of developments in other relevant international organisations.

3.The Secretary of State must report to the Conference of the Parties to the Convention serving as the meeting of the Parties to the Nagoya Protocol on the measures taken by the United Kingdom to implement compliance measures in respect of the Nagoya Protocol.]

Article 17U.K.Entry into force and application

1.This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

2.As soon as possible following the deposit of the Union’s instrument of acceptance of the Nagoya Protocol, the Commission shall publish a notice in the Official Journal of the European Union specifying the date on which the Nagoya Protocol will enter into force for the Union. This Regulation shall apply from that date.

3.Articles 4, 7, and 9 of this Regulation shall apply one year after the date of entry into force of the Nagoya Protocol for the Union.

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