Biological Diversity (Access and Benefit Sharing) Regulation 2025 ( UPSC Prelims)

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News Context

The National Biodiversity Authority (NBA) has released the updated Biological Diversity (Access and Benefit Sharing) Regulation 2025.

Biological Diversity (Access and Benefit Sharing) Regulation 2025

Objective: Manage the equitable distribution of benefits derived from the utilization of biological resources (BRs) and related knowledge.
 Issued by: The National Biodiversity Authority (NBA) to supersede the 2014 Guidelines, in line with the Biodiversity Act (BDA) 2002.
 Main Points:
      ○ Incorporation of Digital Sequence Information (DSI) or related knowledge as a method for benefit sharing when accessing BRs.
    ● DSI refers to digital forms of genetic resources, such as genomic data including DNA, RNA, and protein sequences.  
      ○ Requirement for prior notification to the NBA for approval for any individual or industry wishing to access BRs, known as Prior Informed Consent (PIC).
        ○ This does not apply to accessing cultivated medicinal plants listed under the BDA 2002.
  ● Benefit sharing slabs are defined based on annual turnover, with payments as a percentage of the annual gross ex-factory sale price of the product (excluding government taxes), ranging from none (for turnovers up to ₹5 Crore) to 0.6% (for turnovers above ₹250 Crore).  
        ○ Entities with turnovers exceeding ₹1 crore must provide annual resource usage statements.
  ● Benefit Sharing for High-Value Biological Resources (e.g., red sanders, agarwood) should be no less than 5% of the auction/sale amount or purchase price.  
        ○ This is 20% higher in cases of commercial use.
      ○ Benefits from Research Transfer (Non-IPR Use) are to be shared with the NBA as mutually agreed.
      ○ For IPR Commercialisation, up to 1% of annual sales revenue (excluding taxes) is to be shared with the NBA.

About Access and Benefit Sharing (ABS)

The content discusses the process of accessing genetic resources and the equitable distribution of benefits derived from their use between users and providers. This is structured under the Convention on Biological Diversity (CBD). The Bonn Guidelines (2002) serve as voluntary recommendations to aid governments and stakeholders in crafting national, administrative, or policy measures for Access and Benefit-Sharing (ABS). These guidelines detail essential steps for Prior Informed Consent (PIC) and Mutually Agreed Terms (MAT). The Nagoya Protocol (2010) is a legally-binding supplementary agreement to the CBD, ensuring the fair and equitable sharing of benefits from the utilization of genetic resources. Additionally, a Multilateral Mechanism for the use of Digital Sequence Information (DSI) was adopted at CBD COP16 (2024).

Convention on Biological Diversity (CBD)

Genesis: An intergovernmental treaty established at the United Nations Conference on Environment and Development (Rio Earth Summit) in 1992.
 Members:
 196 countries, including India.
 ▷ Each member is obligated to develop a national biodiversity strategy and action plan.
 ▷ India implemented the Biological Diversity Act in 2002.
 Three Main Goals: Biodiversity Conservation, Sustainable use of biological resources, and Fair and Equitable Benefit-Sharing.
 Major Protocols: Cartagena Protocol on Biosafety (2003) and Nagoya Protocol on Access and Benefit-Sharing (ABS) (2014).

India’s Legal Framework on Access and Benefit Sharing (ABS)

The Biological Diversity (BD) Act, 2002 was established in accordance with India's commitment to the Convention on Biological Diversity (CBD) to preserve biological diversity and promote the sustainable utilization of its components.
 Scope: The Act encompasses all biological resources within India, which is broader than the scope of the Nagoya Protocol, which is limited to genetic resources.
 Implementation: The Act is enforced through a three-tier system of statutory bodies:
      ○ The National Biodiversity Authority (NBA) at the central level, which possesses the powers of a civil court,
  ● State Biodiversity Boards (SBBs) at the state level, and  
  ● Biodiversity Management Committees (BMCs) at the local level.  
 An important Access and Benefit Sharing (ABS)-related case study involves the benefit-sharing arrangement with the Kani tribal community of Kerala. This was in relation to the development of the Jeevani drug from the Arogyapacha plant (Trichopus zeylanicus), which the tribe traditionally used for its revitalizing properties.