SYLLABUS

GS-3: Conservation, environmental pollution and degradation, environmental impact assessment.

Context: Recently, India submitted its First National Report (NR1) on the implementation of the Nagoya Protocol on Access and Benefit Sharing (ABS) to the Convention on Biological Diversity (CBD).

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• The report was submitted by the Ministry of Environment, Forest and Climate Change (MoEFCC) in collaboration with the National Biodiversity Authority (NBA) to the CBD Secretariat under Article 29 (Monitoring and Reporting). 
• It covers the period from 1 November 2017 to 31 December 2025 and assesses India’s progress in implementing ABS provisions, contributing to Target 13 of the updated National Biodiversity Strategy and Action Plan (NBSAP). 
• India had earlier submitted an Interim National Report in November 2017. 
• India’s ABS framework is governed by the Biological Diversity Act, 2002, the Biological Diversity Rules, 2024 and ABS Regulations, 2025. 
• The framework operates through a three-tier institutional structure:
  o National Biodiversity Authority (NBA)
  o State Biodiversity Boards (SBBs)/UT Biodiversity Councils
  o Biodiversity Management Committees (BMCs) at the local level 
• More than 2,76,653 BMCs have been established across the country, ensuring strong community participation in biodiversity governance and benefit-sharing.

Key Highlights of the Report 

• ABS Approvals and Regulatory Framework: A total of 12,830 ABS approvals were granted during 2017–2025, including 5,913 by NBA (for foreign entities and activities) and 6,917 by SBBs/UTBCs (for Indian entities under Section 7 for commercial utilisation). 
• Leadership in Global Compliance (IRCCs): India published 3,556 Internationally Recognised Certificates of Compliance (IRCCs) on the ABS Clearing-House. This constitutes over 60% of the global total, highlighting India’s leadership in transparency and compliance mechanisms. 
• Benefit Sharing Outcomes: ₹216.31 crore was mobilised through NBA approvals, with ₹139.69 crore disbursed to benefit claimers, along with ₹51.96 crore from SBB/UTBC approvals; additionally, 395 approvals included non-monetary benefits such as capacity building, training, technology transfer, and collaborative research. 
• Regulation of Foreign Biological Resources: India monitors the utilisation of foreign-sourced biological resources and associated traditional knowledge, with 41 declarations received under Form 10 as per the Biological Diversity framework. 
• Capacity Building and Awareness: A total of 2,56,393 individuals were trained through 3,724 workshops and over 600 nationwide capacity-building initiatives. 
• Institutional Strength and Community Participation: An extensive network of Biodiversity Management Committees (BMCs) has strengthened grassroots biodiversity governance, contributing to conservation, livelihood support, and inclusion of traditional knowledge holders.

About the Nagoya Protocol on Access and Benefit Sharing (ABS)

• The Convention on Biological Diversity (CBD) was opened for signature on 5 June 1992 at the Rio Earth Summit and came into force on 29 December 1993. 
• It is the only comprehensive international agreement addressing biodiversity, built on three core objectives: conservation of biological diversity, sustainable use of its components, and fair and equitable sharing of benefits arising from the utilization of genetic resources. 
• However, the effective realization of the third objective—benefit sharing—remained a challenge. 
• To address this gap, the World Summit on Sustainable Development (2002) called for the creation of an international regime on Access and Benefit Sharing (ABS). 
• Subsequently, in 2004, the CBD’s Conference of the Parties (COP-7) initiated formal negotiations through an Ad Hoc Open-ended Working Group on ABS, focusing on the implementation of Article 15 (Access to Genetic Resources) and Article 8(j) (Traditional Knowledge). 
• After nearly six years of negotiations, this process culminated in the adoption of the Nagoya Protocol on 29 October 2010 at COP-10 in Nagoya, Japan, providing a legal framework to ensure fair and equitable sharing of benefits arising from the use of genetic resources.
• Objective of the Protocol:
  o The Protocol aims to ensure fair and equitable sharing of benefits arising from the utilization of genetic resources through appropriate access, technology transfer, and adequate funding mechanisms.
  o It contributes to the conservation of biodiversity and the sustainable use of its components.
• Key Features and Provisions:
  o Legal Certainty and Transparency: The Protocol provides a strong and predictable framework for both providers and users of genetic resources, ensuring transparent access conditions.
  o Access and Benefit Sharing (ABS) Mechanism: It ensures that benefits are fairly shared when genetic resources are utilized outside the provider country.
  o Compliance Provisions: Users must comply with domestic laws of the provider country and Mutually Agreed Terms (MAT), marking a major innovation of the Protocol.
  o Traditional Knowledge Protection: The Protocol recognizes the rights of indigenous and local communities and ensures benefit sharing when traditional knowledge is used.
  o Incentives for Conservation: By promoting the utilization of genetic resources and traditional knowledge, it creates incentives for biodiversity conservation and sustainable use. 

SOURCES
PIB
Economic Time
DD News