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Decree No. 8.772 regulating Law No. 13.123 providing for the access to genetic resources, protection and access to associated traditional knowledge and the sharing of benefits for conservation and sustainable use of biodiversity.

Country/Territory
Brazil
Document type
Regulation
Date
2016
Source
FAO, FAOLEX
Subject
Livestock, Environment gen., Cultivated plants
Keyword
Biological control agents Biosafety Biosecurity Institution Biodiversity Biotechnology Traditional knowledge/indigenous knowledge Animal health Animal production Access and benefit-sharing Genetic resources
Geographical area
Amazonia, Americas, Latin America and the Caribbean, North Atlantic, South America, South Atlantic
Entry into force notes
This Decree enters into force on the day of its publication.
Abstract

This Decree consisting of 119 articles divided into 9 Chapters and one Annex, regulates Law No. 13.123 on the access to genetic resources, protection and access to associated traditional knowledge and the sharing of benefits for conservation and sustainable use of biodiversity. Chapter II regulates the Board of the Genetic Heritage Management - CGen, collegiate body of deliberative, legislative, advisory and appellate character has the following skills: I - to coordinate the preparation and implementation of policies for the management of access to genetic resources and associated traditional knowledge and benefit sharing; international trade of part or whole organisms, dead or alive of animal species, plants, microbial or of different origins, destined to the access to genetic resources; and implementation of international treaties on genetic resources or associated traditional knowledge approved by the National Congress. Chapter III assures the right to participation of indigenous peoples, traditional communities and traditional farmers who create, develop, hold or preserve traditional knowledge associated with the decision-making process on issues related to access to associated traditional knowledge and the sharing of benefits arising from such access. Chapter IV creates the National Genetic Heritage and Associated Traditional Knowledge Management System - Sis-Gen, electronic system to be implemented, maintained and operated by the Executive Secretariat of CGen for managing specific issues. Chapter V deals with the sharing of benefits mentioned in Law No. 13.123. Chapter VI establishes administrative offense against the genetic heritage or associated traditional knowledge the provisions of arts. 78-91 of this Decree. Chapter VII deals with the National Fund for Benefit Sharing - FNRB, established by Law No. 13,123, 2015, under the Ministry of Environment, having financial nature and intended to support actions and activities aimed at enhancing the genetic resources and associated traditional knowledge and promote their use in a sustainable manner. Chapter VIII establishes Transitory Provisions on the Adjustment and Regularization of activities. The Annex specifies the List of Benefits by classification.

Full text
Portuguese
Website
www.normasbrasil.com.br

References - Legislation

Implements

Law No. 13.123 regulating art. 225 of the Federal Constitution; Articles: 1, 8, 10, 15 and 16 of the Convention on Biological Diversity, promulgated by Decree No. 2.519 on the access to genetic resources, protection and access to associated traditional knowledge and the sharing of benefits for conservation and sustainable use of biodiversity.

Legislation | Brazil | 2015

Keyword: Access and benefit-sharing, Biodiversity, Genetic resources, Traditional knowledge/indigenous knowledge, Biosecurity, Institution, Biotechnology, Protection of habitats, Sustainable use, Wildlife products, PIC-prior informed consent, Indigenous peoples

Source: FAO, FAOLEX

Repeals

Decree No. 3.945 on the Management Council for Genetic Heritage.

Legislation | Brazil | 2001

Keyword: Institution, Genetic resources, Indigenous peoples

Source: FAO, FAOLEX

Implemented by

Order MMA No. 427 approving the Regulation of Genetic Heritage Management Council (CGEN).

Legislation | Brazil | 2016

Keyword: Biological control agents, Biosafety, Biosecurity, Institution, Biodiversity, Biotechnology, Traditional knowledge/indigenous knowledge

Source: FAO, FAOLEX