Nagoya Protocol on Access and Benefit-sharing

image description >

Implementation of the Nagoya Protocol in Hungary

Short summary

Hungary was the first EU Member State to ratify the Nagoya Protocol in April, 2014. Hungary has issued implementing legislation but has not yet established specific access measures for Hungarian genetic resources. More details can be found in the next section.

What kind of legislation apply in Hungary?

Regulation 511/2014/EU of the European Parliament and the Council on compliance measures for users from the Nagoya Protocol on access to genetic resources and a fair and equitable sharing of benefits arising from their utilisation in the Union entered into force on 9 June 2014. This regulation does not extend to the regulation of access to the genetic resources available in the EU Member States, which is an issue falling within the competence of the respective Member State.

Hungary has not established specific access requirements for Hungarian genetic resources with regard to the Nagoya Protocol, therefore at present, there is no obligation to obtain PIC (prior informed consent) and MAT (mutually agreed terms) for their utilization. However, if a user intends to collect protected species or collect anything on protected areas, it is important to take into consideration that such activity is allowed only for nature conservation or other public interest purposes and the national nature conservation law (Act LIII. of 1996 on nature conservation) requires a permission from the relevant county authority in advance. The user may also need the prior permission of the landowner (e.g. the local forest management company) where the genetic resource is to be collected.

Hungary have created and enacted the national implementing decree, fulfilling its international and EU obligations. The Government Decree 3/2016 on certain rules for the implementation of international and European Community legal instruments concerning access to genetic resources and the fair and equitable sharing of the benefits arising from their utilization was published on 20 January 2016 and entered into force on 5 February 2016 which determines the competent authorities, the imposable sanctions and the procedural rules:

1. The national focal point is the Head of the Biodiversity and Gene Conservation Department in the Ministry of Agriculture.

2. The competent authority is the national nature conservation authority.

3. Checkpoints are designated to assist the work of the competent authority

  • the National Office for Research, Development and Innovation and the Hungarian Academy of Sciences (in case of research financing related to the utilization of genetic resources or traditional knowledge associated with genetic resources);
  • the Pest County Government Office, which is responsible for crop production, food chain supervision, forestry, hunting and fish farming and the National Institute of Pharmacy and Nutrition (in case of the authorization, placing on the market or control of products developed using genetic resources or traditional knowledge associated with genetic resources)
  • Any other institution is considered to be checkpoints that regarding genetic resources or traditional knowledge associated with a genetic resources decides on the need to fund research for their exploitation; assesses the product developed from them or their placing on the market as a special authority; authorizes the use of the product developed from their use or places it on the market; or control the use of the product developed and its marketing.
  • In case of non-compliance, the competent authority imposes a fine on the user in the amount of one hundred thousand Forints for failing to submit the due diligence declaration. The fine is five million Forints for the failure to apply due diligence referred to in Article 4 (3) of the Regulation.

Contact details of the ABS National Focal Point can be found here.