Current status of the CBD discussions on Digital Sequence Information (DSI) on genetic resources

International discussions on DSI

For several years now, international discussions have been taking place on whether and, if so, how the use of Digital Sequence Information (DSI) on genetic resources should be subject to Access and Benefit-Sharing (ABS) obligations, like the utilisation of genetic resources already is. The main discussion forum is the Convention on Biological Diversity (CBD), but DSI is also discussed in other international fora, such as the Food and Agricultural Organization of the United Nations (FAO), the World Health Organization (WHO), United Nations Convention on the Law of the Sea (UNCLOS) and the World Intellectual Property Organization (WIPO).

DSI discussion in the CBD

During the fifteenth meeting of the Conference of the Parties to the CBD (COP-15) in Montreal in December 2022, it was decided that in the CBD a multilateral approach would be followed for benefit-sharing from the use of DSI on genetic resources, with a global benefit-sharing fund. A basic principle of the agreement is that the system should be consistent with open access to data, while it should also: be effective, efficient, feasible, and practical; generate more benefits than costs; provide certainty and legal clarity for providers and users; not hinder research and innovation; not be incompatible with international legal obligations; be mutually supportive of other ABS instruments; and take into account the rights of indigenous people and local communities. The follow-up process, in which modalities and details of the system would be discussed, would be in the form of an inter-sessional Working Group within the CBD.

The first meeting of this Ad Hoc Open-ended Working Group on Benefit-sharing from the Use of Digital Sequence Information on Genetic Resources (OEWG-DSI) was held in November 2023. During this meeting, the Working Group identified possible elements of a multilateral mechanism for benefit-sharing from the use of DSI on genetic resources. The elements were divided into those on which there was potential agreement (“convergence”) and those on which there was a need for further discussion. The Working Group also agreed that informal intersessional work would be carried out in the period between its first and second meeting of the Working group, including information-sharing and discussions in an informal advisory group (IAG).

In the period January-June 2024, the IAG had seven on-line meetings, each addressing a specific set of questions around the possible elements. Furthermore, the CBD commissioned several studies, including on the options for revenue-generating measures at different points along the value chain, the feasibility of their implementation and their costs relative to their potential revenue. An executive summary of the studies is already available on the CBD website. The studies themselves will also become available on the website.

Next Working Group meeting in August 2024

From 12-16 August 2024, the second meeting of the OEWG-DSI will be held in Montreal, Canada. During this meeting, further discussion will take place on possible elements of the multilateral mechanism for DSI. The Working Group is expected to prepare a recommendation on the modalities for the operationalization of the multilateral mechanism, which will be submitted for a decision during the sixteenth meeting of the Conference of the Parties to the CBD (COP-16), in October-November 2024.

In preparation for the meeting of the Working Group in August, the CBD made various documents available, including a document with reflections of the co-chairs of the Working Group and a document with a synthesis of information. In the Annex of this synthesis document 16 elements for the further development and operationalization of the multilateral mechanism are proposed. The working group has also been invited to develop options for indicators on the sharing of benefits from the use of DSI for possible inclusion in the monitoring framework for the Kunming-Montreal Global Biodiversity Framework.

Your questions and/or inputs are invited

If you have questions and/or would like to share your views on the DSI discussion in general and the proposed 16 elements of the multilateral mechanism in particular, you are invited to contact Ms Kim van Seeters (ABS Competent National Authority; k.vanseeters@minlnv.nl) or Mr Martin Brink (National Focal Point on ABS; martin.brink@wur.nl).