Welcome to the IOBC Global Symposium: Biological control: Benefit Sharing and the balance between benefits and risks

Welcome to the IOBC Global Symposium: Biological control: Benefit Sharing and the balance between benefits and risks Organizers: Jacques Brodeur & Peter Mason (Canada), Barbara Barratt (NZ), George Heimpel (USA), Helen Roy (UK) IOBC is the only worldwide organization representing biological control in global, regional and national organizations for more than 50 years We offer you our knowledge at www.IOBC-Global.org We ask you to become member and share your experience with us: we need you !!

XXIV International Congress of Entomology, Daegu, South Korea, Aug 2012 Section 14 Will access and benefit sharing procedures impede biological control? the problem • Barbara Barratt – AgResearch, NZ • Jacques Brodeur – University of Montreal, Canada

outline • Objectives and purpose of the CBD • Main player, parties, stakeholders • Bonn Guidelines and Nagoya • Protocol on ABS • Expectations created • Consequences for biocontrol • The IOBC response

Objectives of the CBD • The objectives of the CBD are: • the conservation of biological diversity • the sustainable useof its components (genetic resources) • the fair and equitable sharing of the benefits • Article 15: Access to Genetic Resources (GR) • Recognizing the sovereign rights of States over their natural resources, the authority to determine access to GR rests with the national governments and is subject to national legislation • Access to GR shall be on mutually agreed terms (MAT) and subject to prior informed consent (PIC) of the Contracting Party providing the resources

Genetic resources • “material containing functional units of heredity that is of actual or potential value” • value = commercial, scientific or academic • May be (or be derived from) plants, animals or micro-organisms • Used for a variety of purposes from basic research to the development of commercial products • Various sectors are involved: cosmetics, biotechnology, agriculture, pharmaceuticals

The vision • “The vision was for countries and biodiversity, a win–win situation. Over time it would spur scientific knowledge, catalyze commercial production, protect species and enable developing countries to undertake bioprospecting themselves. It is akin to the teach a man to fish philosophy” Boyd, R. 2010 Scientific American

Examples of exploitation “Brazilian pit viper venom was used to develop a blockbuster hypertension drug, but Brazil didn’t profit. A new treaty gives countries a stake in the use of their resources.” Science: 330: November 2010 The pharmaceutical company that patented neem argued that traditional Indian knowledge of its properties had never been published so was not previously existing knowledge. The patent was eventually overturned.

The main player • Secretariat of the Convention on Biological Diversity • An entity of the United Nations • Createdat Rio de Janiero in 1992

The parties to CBD • 191 countries • excludes USA, Andorra, Iraq, Somalia… • Conference of the Parties (COP): • National delegatesmeetevery2nd • yearto makedecisions • COP 10 Nagoya, Japan2010 • COP 11 Hyderabad, India 2012

The stakeholders • Indigenous people and NGOs • Conventions and Bodies - e.g. FAO, WTO, WIPO, TRIPS • Business organizations • International Chamber of Commerce • Scientificorganizations • CBOL, GTI, IOBC TRIPS

guidelines • The Bonn guidelines (2002) have been adopted to facilitate the implemention of the principle of ABS: • Each country must designate a competent national authority • Access to GR is subject to prior informed consent(PIC) • Access is granted subject to mutually agreed terms(MAT)

The Nagoya Protocol and ABS The Nagoya Protocol is a supplementary treaty to CBD. It is the instrument for the implementation of the ABS provisions of the CBD • It provides: • a legal framework for the effective implementation of fair and equitable sharing of benefits arising out of the utilization of GR • creates greater legal certainty and transparencyfor providers and users of GR by establishing more predictable conditions for access to GR • covers traditional knowledge associated with GR and the benefits arising from its utilization Adopted at COP10 on the last day of negotiations in Nagoya, Japan at about 2am!

“Delegates cheer after the Nagoya Protocol was agreed on at the 10th Conference of the Parties to the CBD (COP10) Nagoya, Japan, October 30, 2010.” “...talks in Nagoya were deadlocked until the early hours of Saturday after two weeks of talks.”

Expectations of emerging nations • Many countries have seen ABS as “panacea against rampant biopiracy” • The assertionis: • GR are the rawmaterial for the biotechnology, seed and pharmaceutical industries • The expectation: • GR are the key to economic • development and success in • the future • The dream: • GR willbecome the • GREEN GOLD

Consequences of misguided implementation In 2002, India adopted a ‘Biological Diversity Act’ • was seen to seriously curtail the freedom of scientists by putting draconian regulations on the free exchange of specimens for taxonomic use • this situation • has now been • clarified in • India

Non-commercial use of GR • Article 8 Nagoya Protocol requires each Party to treat certain situations of ABS with special regard e.g. : • Non-commercial research • Emergency cases in connection to human, animal or plant health • GR for food and agriculture • It is implied that the regulatory requirements should create a ‘special regime’ for such situations

The consequences for bc • The commercial BC sector were first to express concern: • risk that ABS legislation willaddanotherlevel of regulation • e.g. in addition to biosafety regulation • could slow and even stop BC programmes

The consequences for bC • If ABS measures are implemented, it could mean that for every biological control initiative we would have to negotiate: • prior informed consent, • mutually agreed terms • financial benefit-sharing mechanisms

The consequences for bC • Some countries are now making exploration for BCAs very difficult: • Sri Lanka refused to allow export of BCA for mango fruit fly to Africa • Peru blocked access to BCA for pea leaf miner in Europe • Australia unable to send potential BCAs for Acacia from India to British Museum for taxonomic ID

IOBC Commission IOBC established a Commission on BC and ABS (Nov 2008) Funded by ‘FAO Commission on GR for Food and Agriculture’ Strong support from CABI Purpose – to providescientificadviceto oversee the design of an ABS regimethatensurespractical and effective management for the collection and use of BC agents, whichis acceptable to all parties

iobc commission Meeting of IOBC Commission Mar 2009 Zurich Franz Bigler, MatthewCock, FernandoConsoli, JacquesBrodeur, Barbara Barratt, Fabian Hass, Kim Tempelman (FAO), Joop van Lenteren, Alvaro Toledo (FAO), Peter Mason Inset: José Roberto Parra, Karel Bolckmans

Report presented to FAO (Jun 2009) FAO promoted our report to the working group responsible for formulation of the international ABS regime

the iobc message • BCAs are differentfromother GR, such as seeds, pharmaceuticals and other commercial products • The ABS regime should therefore be based on a sectorial approach Cock MJW, van Lenteren JC, Brodeur J, Barratt BIP, Bigler F, Bolckmans K, Cônsoli FL, Haas F, Mason PG, Parra JRP 2010. Do new access and benefit sharing procedures under the Convention on Biological Diversity threaten the future of biological control? Biocontrol 55: 199-218.

the iobc message • BC has depended upon reciprocal relationshipsand benefits • Many countries are both providers and users of BCAs • BCAs are exchanged between countries with little or no moneychanging hands • Example: • California was invaded by Icerya purchasi • Rodaliabeetle introduced from Australia • for US$ 2000 • result – it saved the citrus industry • now been introduced into 57 countries

the iobc message • All countries can benefit – most do • BC creates and sustains public good so benefits mainly to the public, society, not the implementer • BCAs spread naturally, hard to contain • Financial gain to BC companies much smaller than the gain to society and the environment

the iobc message • Huge opportunities for benefit-sharing: • shared research opportunities from survey and exploration to BC research • provision of training • technology transfer • exchange of BCAs • royalties on commercial BCAs

IOBC recommendations • ABS regulations should recognise the specific features of BC: • Countries providing BC agents are themselves also users of this technology • Many BC agents are exchanged, but have little recoverable monetary value • Organisms are not patented, so can be used by anyone at any time • Classical BC information and to a degree augmentative BC information are publicly shared

IOBC recommendations • There are social benefits for all, such as environmental and public health benefits, and reduction in pesticide use • BC is widely used in both developing and developed countries, often using the same BC agents • Most use of BC relates to food and agriculture

IOBC recommendations • In view of these features we recommended that ABS regulations should encourage: • Existing practice of exchange of natural enemies for BC • Establishment of a single point of contact in each country to facilitate all BC-related activities • Transparency in the exchange of BC agents and access to information globally • Provision for fast track access to BCAs in the case of a humanitarian or food security emergency

What happens next? • ....make sure you are here for Jacques Brodeur’s presentation later in the session!

acknowledgements • Our colleagues on the IOBC Commission: • Matthew Cock – CABI Switzerland • Joop van Lenteren – Wageningen University • Franz Bigler – Agroscope, Zurich • Karel Bolkmans – Koppert • Fabian Haas – Icipe, Kenya • Peter Mason – Agriculture and Agri-Food, Canada • Jose Roberto Parra – Brazil • Fernando Consoli – ESAL/USP, Brazil • Funding: • FAO • IOBC Global • http://www.iobc-global.org/

Welcome to the IOBC Global Symposium: Biological control: Benefit Sharing and the balance between benefits and risks