Learn the details of the law on the establishment of a national body for the protection of biological resources

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The Energy and Environment Committee of the House of Representatives, chaired by Engineer Talaat Al-Suwaidi, agreed to discuss the Government's draft law on regulating access to biological resources and equitable sharing of the benefits arising out of its use.

The legislation is one of the most important legislation before the Energy and Environment Committee in the House of Representatives, headed by Engineer Talaat Al-Swaidi, during the fourth session, for its role in protecting Egyptian biological resources and allowing others to use it for scientific research or economic interests. 2013 to the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of the Benefits Arising out of their Utilization.

The "seventh day" highlights the details of the new law ..

– Establishment of a national body for the protection and regulation of access to biological resources.

– The law applies to all plant, animal and micro-biological resources, their components and derivatives within or outside their natural habitats, including derived, domesticated, transgenic or otherwise, except for the species listed in Annex 1 to the International Treaty on Plant Genetic Resources for Agriculture and Food, On the basis of gender, which is subject to specific ethical controls.

– Emphasizes the sovereignty of the State over the biological resources and related traditional knowledge held by the local communities, with a duty to protect the rights of these communities to benefit (collectively and individually) and to continue the non-commercial exchange of their biological resources among themselves according to their prevailing customs.

– The law prohibits the use of any other biological resources, knowledge and innovations outside the scope of such societies (natural and legal persons) without the prior informed consent of such communities and the licensing of the authority concerned, which does not result in the waste of such resources. To conclude an agreement on agreed terms in a manner that achieves justice and balance between its parties.

– Subject to the law, these resources shall be prospectively acquired with the participation and attendance of experienced specialists, and shall comply with the terms and conditions of the license and submit it upon request, respecting the traditions, customs and values ​​of local communities.

– The law specifies the conditions that must be met when samples of national bioweapons are exported abroad, with the written consent of the competent authority based on the contract for the transfer of materials. The research institution abroad shall submit a letter guaranteeing the fulfillment of the agreed commitments.

– The licensee may not transfer such resources, samples, extracts, derivatives or traditional knowledge to a third party unless otherwise provided in the license, without the prior written permission of the National Committee. Law 118 of 1975.

– A national committee of the EEAA shall be formed to regulate the access to biological resources and the equitable sharing of the benefits arising out of their use, and to decide on the applications submitted to EEAA, which shall issue five types of licenses according to the objective of access.

– The law shall be punishable by imprisonment for a term not exceeding six months and a fine of not less than LE 100,000 and not more than LE one million for each person who used or transferred biological resources for use outside the country without a license or obtained a license to use biological resources and knowledge For scientific purposes, and used for commercial purposes without a license, and in all cases to confiscate and return the case to what was at the expense of the violator.

– A fine of not less than LE 50,000 and not more than LE 250,000 for those who submitted false or misleading data to the competent national authority for the purpose of obtaining a license to research or prospect for biological resources for different uses or if insufficient measures were taken to prevent damage to the research result. On biotechnologies in accordance with the license, or if the limits of the license and its requirements are exceeded.

The person responsible for the actual administration of the legal person shall be punished by the same penalties as for the acts punishable in the preceding articles if he is aware of them and his replacement by the duties imposed on him by that administration contributed to the occurrence of the crime. The legal person shall be jointly responsible for the foreign fulfillment in accordance with the applicable Egyptian laws. This regard and the international conventions in force.

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