Reviewing the Newly Implemented Access and Benefit-Sharing Regulations 2025

In December 2020, the Ministry of Environment, Forest and Climate Change (MoEFCC) released the Access and Benefit Sharing (ABS) Regulations 2020, replacing the previous ABS guidelines from 2014. The purpose of these regulations is to ensure fair and equitable sharing of benefits arising from the utilization of India’s rich biodiversity and associated traditional knowledge. The ABS Regulations 2020 have been welcomed by many as it takes a holistic approach to regulate access and benefit-sharing. In this legal update, we will review the key provisions of the ABS Regulations 2020 and their implications for stakeholders.

Understanding the ABS Regulations 2020

The ABS Regulations 2020 aim to promote biodiversity conservation, sustainable use, and equitable sharing of benefits arising from the utilization of biological resources and associated traditional knowledge. The ABS mechanism operates as a principle of fairness for sharing benefits arising from the utilization of biodiversity and traditional knowledge with local communities and ensures their informed consent. The regulations define biodiversity as the variability among living organisms from all sources, including terrestrial, marine, and other aquatic ecosystems and the ecological complexes of which they are part.

Under the ABS Regulations 2020, access to biological resources or associated traditional knowledge requires prior approval from the National Biodiversity Authority (NBA) and mutually agreed terms (MAT) between the applicant and the competent authority (CA). The competent authority may be the NBA or a State Biodiversity Board (SBB).

Key Provisions and Implications

The ABS Regulations 2020 require prior informed consent from local communities for accessing biological resources or associated traditional knowledge. PIC is a process of seeking consent from the communities or individuals who hold or have the right to use the biological resources or associated traditional knowledge. This consent is required before any activity, including research, development, and commercial use, is undertaken.

Under the ABS Regulations 2020, the competent authority will facilitate the process of seeking PIC, which must be documented and signed by the local community or individual granting the consent. PIC ensures that local communities are well informed and involved in the decision-making process regarding the utilization of their resources.

The ABS Regulations 2020 emphasize the importance of sharing benefits arising from the utilization of biological resources or associated traditional knowledge fairly and equitably with the local communities. This sharing of benefits can be in the form of monetary compensation, non-monetary benefits, or a combination of both. The regulations highlight that the benefits must be shared in proportion to the benefits arising from the utilization of the biological resources or associated traditional knowledge.

Monitoring and Compliance

The ABS Regulations 2020 have introduced the concept of Access and Benefit-Sharing Compliance Committees (ABS CC) at the NBA and SBB level. These committees will be responsible for monitoring the implementation of ABS contracts and ensuring that the terms of the agreement are being adhered to. They will also monitor the utilization of the benefits by the local communities and any non-compliance will result in penalties prescribed under the regulations.

Grievance Redressal

The ABS Regulations 2020 have a comprehensive grievance redressal mechanism in place for disputes arising between the parties to the ABS contract. The regulations prescribe a timeframe of 60 days for resolving disputes at the NBA or SBB level and a further 60 days for resolving the matter at the national level. In case the dispute remains unresolved, it can be taken up by the NBA or SBB for resolution.

Impact on Stakeholders

The ABS Regulations 2020 have a significant impact on various stakeholders, including researchers, companies, and local communities.

Researchers

The ABS Regulations 2020 require researchers to obtain prior approval from the competent authority for accessing biological resources for research purposes. This means that researchers will have to adhere to the provisions of the ABS Regulations before they can undertake research involving biological resources or associated traditional knowledge.

Companies

Companies that utilize biological resources or associated traditional knowledge for commercial purposes will now have to enter into an ABS contract with the competent authority. The regulations have made it mandatory for companies to share the benefits arising from the utilization of these resources with the local communities. This will not only ensure fairness in benefit-sharing but also promote the conservation and sustainable use of biodiversity.

Local Communities

The ABS Regulations 2020 have a positive impact on local communities as they have been recognized as rightful custodians of the biological resources and associated traditional knowledge. With the requirement of PIC, local communities now have a say in how their resources are being used and how the benefits from this utilization are shared with them.

Conclusion

The ABS Regulations 2020 have taken a significant step towards ensuring fair and equitable sharing of benefits arising from the utilization of India’s rich biodiversity and associated traditional knowledge. These regulations not only promote the conservation and sustainable use of biodiversity but also recognize the role of local communities in preserving this valuable resource. It is essential for all stakeholders to understand and comply with the ABS Regulations to contribute towards the goal of biodiversity conservation and sustainable growth in India.

Reviewing the Newly Implemented Access and Benefit-Sharing Regulations 2025