Estimating the costs and benefits of the Nagoya Protocol

1. Estimating the costs and benefits of the Nagoya Protocol Pierre du Plessis CRIAA SA-DC (Namibia) Quito, 6 March 2012

2. Why costs and benefits matter • NP aims to mobilise benefit-sharing as incentive for sustainable use and conservation • Creating benefits requires investment, which only happens if there is legal certainty • Transaction costs must be proportionate (for users and providers) to protect profits and avoid creating disincentives • Benefits must reach custodians of biodiversity

3. To optimise cost-benefit balance... • Scope of coverage must be wide as possible • Decisions must be predictable (non-arbitrary) • Existing information management systems to be used as far as possible (“plug-in ABS”) • Administrative procedures must be routine • Case-by-case review of PIC applications, negotiation of MAT and monitoring of compliance only for very high-value uses

4. Investments required • Ratification – stakeholder consultation, awareness-raising • National implementation – legislation, administrative capacity, strategy ... • User measures on compliance – best done through existing systems (IP, product registration, marketing approval ...) • Aim should be to modify user behaviour

5. Suggested guidelines • Initial PIC through simple notification • Predictable formula for MAT (by sector) • Checkpoints where users want to obtain something (rights, permission) from regulators • Transparent “level playing field”reporting • Pro-active investment in “low hanging fruits” • Benefits directly to resource custodians, with clear link to sound resource management