http://www.legislation.gov.uk/uksi/2015/821/regulation/16The Nagoya Protocol (Compliance) Regulations 2015texttext/xmlenStatute Law DatabaseENVIRONMENTAL PROTECTION2022-09-23Expert Participation2020-12-31 These Regulations implement, within the United Kingdom, compliance measures for users of genetic resources or traditional knowledge associated with genetic resources resulting from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilisation to the Convention on Biological Diversity (“the Protocol”). The Protocol aims to promote the conservation and sustainable use of biodiversity by ensuring the benefits from the use of genetic resources and traditional knowledge associated with genetic resources are shared fairly. Regulation (EU) No 511/2014 of the European Parliament and of the Council 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 Utilisation in the Union (OJ No L 150, 20.5.2014, p 59) (“the EU Regulation”) requires users to exercise due diligence that they only utilise genetic resources or traditional knowledge associated with genetic resources that have been accessed in accordance with the Protocol. Users are also required to make a declaration confirming due diligence at the final stage of development of a product. PART 5 161A person guilty of an offence under paragraph (a) or (b) of regulation 13 is liable—aon summary conviction to a fine not exceeding £5,000 or to a term of imprisonment not exceeding three months, or to both;bon conviction on indictment, to a fine or to a term of imprisonment not exceeding two years, or to both.2A person guilty of an offence under paragraph (c) of regulation 13, or regulation 14, is liable on summary conviction to a fine not exceeding £5,000.3For the purposes of paragraph (1), the reference to £5,000 in relation to a fine in Northern Ireland shall be read as meaning the statutory maximum.4For the purposes of paragraph (2), the reference to £5,000 in relation to a fine in Scotland or Northern Ireland shall be read as meaning level 5 on the standard scale.5Notwithstanding section 127 of the Magistrates Court Act 1980 (limitation of time) or article 19 of the Magistrates Court (Northern Ireland) Order 1981 (time within which complaint charging offence must be made to give jurisdiction), if the relevant condition in paragraph (6) is met in respect of an offence under regulation 13—aa magistrates' court in England and Wales, may try an information;ba magistrates' court in Northern Ireland, may try a complaint.6The condition is that, within three years of the date of the offence or within one year from the discovery of the offence by the prosecutor, whichever is earlier—ain the case of England and Wales, the information is laid;bin the case of Northern Ireland, the complaint is made.7In Scotland, summary proceedings for an offence under regulation 13 may be commenced within three years of the date of the offence or within one year of the discovery of the offence by the prosecutor, whichever is earlier.8For the purposes of paragraph (7), section 136(3) of the Criminal Procedure (Scotland) Act 1995 will apply as it applies for the purposes of that section.9For the purposes of this regulation—aa certificate signed by or on behalf of the prosecutor and stating the date on which the prosecutor first knew of evidence sufficient to justify the proceedings is conclusive evidence of that fact; andba certificate stating that matter and purporting to be so signed is deemed to be so signed unless the contrary is proved.1980 c. 43.S.I. 1981/1675.1995 c. 46.Words in reg. 16(2) inserted (11.10.2015) by The Nagoya Protocol (Compliance) (Amendment) Regulations 2015 (S.I. 2015/1691), regs. 1, 2