Nagoya Ordinance (NagO)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Art. 3 Due diligence requirement
1 In meeting the due diligence requirement in accordance with Article 23n NCHA, users must in particular record, keep and pass on the following information to subsequent users: a. the internationally recognised certificate of compliance issued in accordance with the provisions of the Nagoya Protocol as well as any information on use and transfer rights; b. if an internationally recognised certificate of compliance is not available, the following information: 1. the name and address of the user, 2. a description of the genetic resource or subject matter and its utilisation, 3. the date on which the genetic resource was accessed, 4. the source of the genetic resource, 5. the name and address of the person from whom the genetic resource was acquired directly, date of its acquisition and, if available, a confirmation from the person that the genetic resource was acquired lawfully for the utilisation concerned and may be transferred, 6. in the case of transfers of genetic resources, the nam
Art. 4 Notification requirement
1 Notification as defined in Article 23o paragraph 1 NCHA must be given by the user. It must contain the information specified in Article 3 paragraphs 1 and 2 that is available at the time of the notification. 2 Notification may also be given voluntarily, in particular if no commercialisation is intended. 3 The user receives a register number as evidence of the notification. 4 If compliance with the due diligence requirement has already been attested to under Article 7 of Regulation (EU) No. 511/2014 or is evident on the basis of information published through the international clearing house under Article 14 of the Nagoya Protocol, the user may notify the Federal Office for the Environment (FOEN) of the register number of the corresponding attestation or publication instead of providing the information under Article 3 paragraph 1. 5 As part of the market authorisation procedure, the user must specify to the competent authority under Article 11 whether the product to be commercialised h
Para. 4 — Regulation (EU) No. 511/2014 of the European Parliament and of the Council of 16 April 2014 on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union Text, OJ L 150 of 20.5.2014, p. 59.
Art. 5 Traditional knowledge
The requirements for recording, retaining and passing on information and for notification under Articles 3 and 4 apply, mutatis mutandis, to users of traditional knowledge associated with genetic resources in accordance with Article 23p NCHA.
Art. 6 Recognition of best practices
1 The FOEN keeps a public register of practices that users may apply on the assumption that they meet the requirements under Articles 3–5 and 8. 2 A practice is included in the register if so requested by users or other interested parties and it is demonstrated that the practice meets the requirements under Articles 3–5 and 8. The FOEN must be informed of changes or updates to a recognised practice. 3 The FOEN may also, on its own initiative, include in the register a practice that meets the requirements under Articles 3–5 and 8. 4 If there are signs that through the application of a recognised practice the requirements under Articles 3–5 and 8 are no longer met, the FOEN sets a deadline by which the necessary measures must be taken. If the requirements are not met by the deadline, the FOEN removes the practice from the register.
Art. 7 Recognition of collections
1 The FOEN, taking account of Article 5 of Ordinance (EU) No. 511/2014, keeps a public register of recognised collections for which the holder guarantees that: a. the requirements under Articles 3–5 and 8 are met when genetic resources and related information are acquired, retained and passed on; and b. standardised practices and instruments are applied to ensure the traceability and monitoring of exchanges when genetic resources and related information are exchanged with other collections that do not utilise the genetic resources concerned or benefit directly from their utilisation. 2 A collection is included in the register if requested by a holder and after the FOEN has verified and confirmed the compliance of the collection or a specific part thereof with the requirements under paragraph 1. The FOEN may commission third parties to perform this verification. 3 If there are signs that a collection or a specific part thereof no longer meets the requirements under paragraph 1, the FOEN
Para. 1 — See also footnote to Art. 4 para. 4.