General regime on Access and Benefit-sharing (ABS)

In order to implement the Convention on Biological Diversity and the Nagoya Protocol, the French law on Biodiversity (n°2016-1087) has modified of the Environmental Code – Article L. 412-3 and establish¬es rules on access to genetic resources and associated traditional knowledge and sharing of benefits arising from their use. In addition, the EU Regulation No 511/2014 of the European Parliament and of the Council of 16 April 2014 establishes compliance measures under the Nagoya Protocol. The Ministry of Ecology is the competent authority receiving any application for accession to traditional knowl¬edge associated with genetic resources. French law also applies directly to the five ‘overseas’ departments (Martinique, Guadeloupe, French Guyana, Mayotte, La Reunion) and to Saint-Martin and Saint-Pierre-et-Miquelon; and partially to some other territories, including New Caledonia and French Polynesia. Currently, processes are underway to establish procedures for consultation with ‘communities of inhabitants’ or ‘resident communities’, which can be any community of inhabitants who traditionally derive their livelihood from the natural environment and whose way of life is of interest for the conservation and sustainable use of biodiversity. Benefit-sharing can include measures for the preservation of traditional knowledge related to PGRFA of the communities concerned, with their prior informed consent.