The biological genetic resources are the important material guarantee of national ecological security and ecological civilization construction. China would legislate to protect them. Ministry of Environmental Protection has begun to seek public opinion since March 23^rd to the Regulation of Biological Genetic Resources Access and Benefit Sharing (Draft).

It is a substantive progress in promoting the protection, supervision and use of biological genetic resources after our country officially became the parties of the Nagoya Protocol on Access to Genetic Resources and the fair and Equitable Sharing of benefits Arising from their Utilization on 6 Sep 2016.

The Draft totally has seven chapters and 48 clauses. It specifies the management responsibility of competent authorities, the access rules for different subject, the benefit sharing stipulation, the exiting management, punitive measures and so on.

The Draft defines the sorting administration system which is accordance with the principle of differentiated and combining leniency with rigidity. According to the different nationality of users, the supervision measures are different. The foreign users can obtain and make use of the biological genetic resources in our country unless carrying out asubstantial cooperation with Chinese organizations. At the same time, there are three requirement need to be met. Firstly, the research and development (R&D) activities should be carried out in China. Secondly, Chinese researchers should join in the key R&D work. Thirdly, it must be endorsed by the competent department of biological genetic resources in the State Council.

If the users are from China, the procedure must be divided into development purpose. If it is just used for academic research, the procedure is registration. If it is used for business development, the procedure is endorsed by the competent department of biological genetic resources in the provincial government.

Next, the Draft confirms the exit control system of biological genetic resources. In order to prevent the loss of biological genetic resources, the exit activities of biological genetic resources have been strict regulated in the Draft.

Besides, the Draft also regulates the benefit sharing system and the international certificate system. The benefit includes monetary benefit and non-monetary benefit.

Time: 2017-03-25

Source: The Paper