Convention on Biological Diversity,

Biological Diversity Act

and Related Issues

Dr. Sujata Arora, Adviser, MoEFCC

Presentation before MEFCC

14th July 2016

 Officers present
S.No. Name and Designation Email and Mobile Number Photographs

MoEFCC
1. Dr.(Ms) Amita Prasad asap.moefcc@gov.in
Additional Secretary 09810997501

2. Dr. (Ms) Sujata Arora sujata@nic.in

Adviser/Scientist G 09313502400

National Biodiversity Authority (NBA)

3. Dr.(Ms) B.Meenakumari chairman@nba.nic.in
Chairperson 09650934444

4. Shri.T.Rabikumar secretary@nba.nic.in
Secretary 09500069020
 CS-III (Biodiversity) Division

Main items of work

Convention on Biological Diversity (CBD).

Nagoya Protocol on Access and Benefit Sharing (ABS).

National Biodiversity Action Plan (NBAP) and National Biodiversity Targets

(NBTs).

National Reports to CBD.

Biological Diversity Act and National Biodiversity Authority (NBA).

Intergovernmental Platform on Biodiversity and Ecosystem Services (IPBES).

 Biodiversity and its Value

Variety of all life on earth.

Genetic diversity, species diversity, and

ecosystem diversity.

Direct value in food, agriculture, medicine

and industry.

Maintains ecological balance and

continues evolutionary processes.

Indirect ecosystem services include

photosynthesis, pollination, transpiration,
nutrient cycling, soil maintenance, climate
regulation etc.

Aesthetic and recreational value.

 Species richness at global level
Exact number of existing species on earth is still unknown.
Estimated global species diversity: 13 to 14 million species.
1.75 million species described so far and many more still being discovered.
Biodiversity not distributed evenly or uniformly across the globe.
Certain countries characterised by high species richness and more number of
endemic species.

India, one such recognised megadiverse country.

 Biodiversity the Indian context

Only 2.4% of 7-8% of globally 5.6% of world GDP 18% of world

global land area recorded species (in PPP terms) population and
growing
 Biogeographic zones in India
Four of 34 identified hot spots of the world are in India : Eastern Himalaya, Indo-
Burma, Western Ghats and Sri Lanka, Sundaland.
Over 46,000 species of plants and 96,000 species of animals recorded so far.
India has ten biogeographic zones.
 Measures for biodiversity conservation

Environment protection is enshrined in Constitution (Articles 48A on

States responsibility and 51A (g) on Citizens fundamental duties).

Numerous and wide-ranging policies, programmes and projects in place.

These include:
Acts and policies

Survey and inventorisation of flora and fauna

In-situ conservation (National Parks, Wildlife Sanctuaries, Biosphere

Reserves)
Conservation of ecologically fragile areas (mangroves, wetlands, coral
reefs)
Ex-situ conservation (botanic gardens, zoos, gene banks)
 We are changing life on earth

Biodiversity seen today is product of 3.5 billion years of evolutionary

history.

Extinction of species and gradual changes in ecological communities is

part of nature.

Human activities have enhanced extinction rate, by almost 50-100 times the
natural rate.

Accelerated losses to biodiversity resulting from fragmentation and

degradation of habitats pose threat to our own survival and well-being.

This global concern about loss of species and ecosystem found expression
in CBD.
CBD and its two Protocols
 CBD An Introduction

CBD one of the two legally binding international treaties adopted during Earth
Summit in June 1992.

CBD - the first comprehensive global agreement addressing all aspects of

biodiversity.

Three objectives of Convention:

Conservation of biodiversity
Sustainable use of its components
Fair and equitable sharing of benefits arising out of the use of genetic resources

Near universal membership with 196 Parties.

India a Party to CBD, signed on 5th June 1992, ratified on 18th February 1994.

Two Protocols adopted so far under CBD: Cartagena Protocol on Biosafety in 2000,
and Nagoya Protocol on Access and Benefit Sharing (ABS) in 2010.
 CBD: Institutional structure
CoP: governing body, keeps under review implementation (Article 23, 28).

SBSTTA: open-ended intergovernmental body to provide scientific and

technical advice (Article 25).

Secretariat under UNEP to service meetings located in Montreal (Article 24).

CoP has also established issue-based ad-hoc WGs (on ABS, TK, PAs and RI-
now SBI).

SBSTTA and ad hoc bodies adopt recommendations which are then adopted
by CoP as decisions, to translate provisions of Conventions into practical
actions.

12 CoPs and 20 SBSTTA meetings held so far.

 Hosting of CoP-11 by India

India successfully hosted CoP-11 to the CBD and CoP/MoP-6 to the CPB in
Hyderabad in October 2012.

Largest ever such conference organised in India.

Nearly 10,000 delegates from 175 countries
80 Ministers/vice Ministers
300 side events, over 120 exhibition stalls

Meetings presided over by MEF as President of CoP-11.

PM inaugurated High Level Segment, unveiled commemorative Pylon; released

commemorative stamps.

India was President of CoP for two years till October 2014.
 Activities during CoP Presidency

Guided and steered implementation of CoP-11 decisions and preparations of CoP-12 through
chairing CoP Bureau meetings.

Chaired CBDs intersessional meetings (WGRI-5 and WG8j-8).

Hosted: three CBD meetings, and ICNP-2 meeting. Organised Capacity building workshops
for African and SAARC countries.

Contributed USD 90,000 for CBDs WG8j-8 meeting. Contributed USD 10,000 per annum for
two years to IPBES.

SEBS, the brand Ambassador of CoP-11 in 2012, continued its run in 2013 and 2014, total
visitors 4.6 million.
CoP-11 logo adopted as new logo of MoEFCC.

Publications brought out on CoP-11.

Facilitated ratifications of CBDs Nagoya Protocol.

 UNDB and Strategic Plan for Biodiversity
UN General Assembly has declared 2011-2020 as
the UN Decade on Biodiversity, to raise
awareness about importance of and threats to
biodiversity.

Coinciding with UNDB, Strategic Plan for

Biodiversity 2011-2020 with five Goals and 20
Aichi Biodiversity Targets adopted under CBD in
2010.

SP provides an overarching framework on

biodiversity, not only for biodiversity related
conventions, but for the entire UN system and all
partners engaged in management and policy
development on biodiversity.

All Parties are required to develop national

targets in line with Aichi targets, and review and
revise/update NBSAP by integrating national more
targets.
 NBSAPs
Only two mandatory unqualified obligations of CBD on all Parties:
preparation of NBSAPs (Article 6) and National Reports (Article 26).
CBD requires Parties to develop national strategies, plans or
programmes for conservation and sustainable use of biodiversity
(NBSAPs).
India developed first NBSAP (National Policy and Macrolevel Action
Strategy on Biodiversity) in 1999 through extensive consultations,
as a macro-level statement of existing policies and programmes,
gaps and further actions needed for conservation and sustainable
use of biodiversity.

After approval of National Environment Policy (NEP) by the

Government in May 2006, revision of 1999 document taken up in
consonance with NEP, and using report of NBSAP project. Indias
second generation NBAP approved in 2008.

India has updated its second generation NBAP 2008 by developing

12 National Biodiversity Targets (NBTs) in consultation with
stakeholders.
 Assessment of funding for biodiversity

Precise estimation of biodiversity funding a big challenge.

CBDs HLP estimated USD 150-440 b annually required to implement SP.
India for the first time assessed funding for biodiversity for 2010-11, and then for
2013-14, from core, non-core and peripheral sources.
Biodiversity funding per annum in India estimated to range from USD 1400-2000 m.
Not conclusive or definitive figures, only best estimates and work in progress.
India implementing a UNDP global programme on BIOFIN for measuring
expenditures on biodiversity, calculating investment required for implementation of
NBSAPs and NBTs, and developing nationally appropriate resource mobilisation
strategy.
 National Reports
Convention enjoins upon Parties to present reports to CoP on measures
taken for implementation of Convention and their effectiveness in
meeting Conventions objectives.

National reporting is a continuing requirement.

Five cycles of national reporting have been completed.

India submitted NR 5 in March 2014. NR 6 would be due in March 2018.

 International Day for Biodiversity

22nd May, the date when CBDs text was adopted in 1992 was
proclaimed by UN to be celebrated as IDB to increase awareness on
biodiversity issues.

Theme for IDB 2016 is Mainstreaming biodiversity: sustaining people

and their livelihoods.

National level IDB 2016 celebrated in Mumbai on 22 May. Was

presided over by Minister, Maharashtra Governor was the Chief
Guest.

Several other organisations also celebrated IDB.

 Access and Benefit Sharing
ABS refers to the way in which GRs are accessed, and benefits resulting from their use
shared between users and providers.
Prior to CBD, bioresources were considered common heritage of mankind and were
exchanged freely. The country providing raw material for developing useful products
therefore never got any benefits from commercialisation of those products.
As the situation was perceived to be inequitable, especially by the biodiversity rich
countries, ABS concept was introduced in CBD.
Reaffirming sovereign rights of States over their natural resources, CBD stipulates that the
authority to determine access to GRs rests with national Govts and is subject to national
legislation.
The common heritage of mankind concept has evolved into a much more complex but
equitable model of sovereign rights over GRs and ABS.
ABS has to be operationalised through national legislation.
Access to GRs is to be subject to prior informed consent of the provider country. Users and
providers to have bilateral agreement on mutually agreed terms (MAT) on sharing of benefits
that may arise from use of GRs.

 Nagoya Protocol on ABS

NP is a legally binding, supplementary agreement to CBD adopted at CoP-10 held in Nagoya in Oct.2010
after six years of intense and tough negotiations, under the aegis of CBD.

India alongwith other like minded megadiverse countries played significant role in shaping the Protocol.

NP aims to further develop the ABS framework provided by the CBD.

NP entered into force on 12 Oct 2014, 90 days after fiftieth ratification.

India facilitated entry into force of NP by expediting requisite ratifications during Presidency of CoP-11.
Recognising stellar role played by India in its entry into force, India was invited to chair CoP/MoP-1.

First CoP/MoP held in Pyeongchang in Oct 2014 concurrently with CoP-12 to CBD. CoP/MoP-2 of NP to
be held in Cancun, Mexico in December 2016 concurrently with CoP-13 to CBD. So far, 74 Parties have
ratified the NP.

India has designated MOEFCC as National Focal Point, and NBA as Competent National Authority for NP.

India published the first IRCC on ABS Clearing House on 1 Oct. 2015. Have since published 25 IRCCs out
of 27 so far published, one each is from Ecuador and South Africa.
 Indias domestic ABS framework

India enacted Biological Diversity Act in 2002 and notified rules in 2004 after wide ranging
consultations to give effect to provisions of CBD, including those relating to ABS.
India one of the first countries to have enacted such a legislation.
Act implemented through three tiered mechanism: National Biodiversity Authority (NBA),
State Biodiversity Boards (SBBs) and local level Biodiversity Management Committees
(BMCs).
NBA deals with requests for access to bioresources and associated TK by foreign
individuals/institutions for research and commercial utilisation, and for transfer of results of
research by Indians to foreigners.
While granting approvals, NBA imposes conditions which secure equitable sharing of
benefits from use of biological resources and associated knowledge.
SBBs constituted by State Governments, deal with matters relating to access by Indians for
commercial purposes. Indian industry required to provide prior intimation to concerned SBB
about use of biological resources.
BMCs to prepare Peoples Biodiversity Registers (PBRs) containing information on local
biological resources and associated TK.
NP on ABS being implemented inter alia through BD Act.
Institutional structure for implementing BD Act

Ministry of Environment, Forest & Climate

Change

National Biodiversity Authority

(Established by the Central Government)

State Biodiversity Boards

(Established by the State Governments)

Biodiversity Management Committees

(Established by the local bodies)
 Exemptions under the Act

To local people and community for free access to use bioresources within
India.

To growers and cultivators, vaids and hakims (practitioners of traditional

medicinal systems) to use bioresources.

Through notification by Central Government of normally traded

commodities.

To collaborative research through government-sponsored institutes subject

to overall guidelines and approval of Central Government.

To access value added products.

For research by Indians in India.

 Sharing of benefits and its utilization
Sharing of benefits received by NBA from applicants:

a) 5.0 % goes to the NBA, of which 2.5% retained by NBA and 2.5% goes to
concerned SBB for administrative charges.

b) 95% of benefits go to concerned BMC(s) and/ or benefit claimers.

Similar provision exists where approval granted by SBB.

Utilization of funds

a) conservation and promotion of biological resources and development of areas

from where such biological resources or knowledge associated thereto has been
accessed;

b) socio economic development of areas from where the biological resources and
knowledge accessed, in consultation with the local bodies concerned.
 Present status
All States (29) have set up SBBs

Over 37,700 BMCs set up in 26 States (none in Bihar, Haryana, J&K).

Over 2485 PBRs prepared in 17 States.

Applications received: 1261. Applications cleared: 868.

Agreements signed: 305, highest in 2015-16 (92).

Benefit sharing received by NBA: Rs. 34.26 crores.

Notification on normally traded commodities (NTCs) augmenting these from 190 to

385 species issued in April 2016.

Guidelines on ABS issued in November 2015, which describe scheme of

processing of applications along with template and terms of benefit sharing.
 Projects - ongoing and upcoming
UNEP GEF MoEFCC ABS project 5.1 m USD; WB, AP, TS, TR, KA, Ongoing, on extension upto
Goa, HP, Sikkim, OR, GJ December 2016 (PCA) for
extension to be signed).
Centre for Biodiversity Policy and Law Technical cooperation with Norway Ongoing, extended upto
(CEBPOL) (contribution 16.5 m NoK, approx. December 2018.
2m USD). Indias contribution 22 m
NoK, approx. 2.6 USD.

UNDPs BIOFIN-India project 1 m USD, anchored in UNDPs Ongoing, upto 2017.

SNRM project
NBA-ACB cooperation project on Capacity Approx 1 m USD, under ASEAN- Approved to commence.
Building towards Implementing the Nagoya India Green Fund
Protocol on Access and Benefit Sharing, the
City Biodiversity Index and the Strategic Plan
for Biodiversity
Global UNDP/GEF project on ABS 350,000 USD Global project approved.

GIZ project on ABS 3 m ; TN, MH, UK Approved, to commence.

PIF for GEF-6 on Integrating economic 4 m USD Submitted to GEF OFP.
valuation of biodiversity into development
and finance planning
Intergovernmental Platform on Biodiversity and Ecosystem Services

Modelled on the lines of IPCC, IPBES established by Governments in April 2012, as a newly
established global independent intergovernmental body, to provide for a science-policy
interface on biodiversity, as the biodiversity counterpart of the widely acclaimed Nobel winning
IPCC.
Plenary, decision-making body, comprising Government and observers, meets once a year.
Bureau for oversight of administrative functions, comprising 10 members (2 from each UN
region).
Multidisciplinary Expert Panel (MEP) for carrying out scientific and technical functions,
comprising 25 members (5 from each UN region) and observers.
Secretariat located in Bonn, provides administrative support under directions of plenary. UNEP
provides Secretariat.
UNEP, UNDP, UNESCO and FAO have developed collaborative partnership arrangement to
provide coordinated support to IPBES.
Strategic partners include MEAs, academia, scientific and UN system organisations etc. in
order to build upon existing initiatives.
Several expert groups and task forces set up to implement work programme.
India participating actively in IPBES, including as MEP member, nomination of Indian experts
for various assessments, and in plenary.
 Main activities during July 2016- March 2017
Preparatory meetings of CBD for CoP-13:
Regional CoP preparatory meeting in Bangkok in August 2016
Friends of Mexico meeting proposed in October end 2016

CoP-13 to CBD (alongwith CoP/MoP-2 to NP and COP/MoP-8 to CP) in Cancun Mexico from 4-
17 December 2016. HLS of CoP-13 from 2-3 December 2016; the-then Minister had confirmed
participation.
Implementation of Nagoya Protocol: Publishing agreements as IRCCs, other issues such as
user country measures.
Initiation of NR-6 of CBD (due in March 2018) and Interim Report for NP (due in last quarter of
2017).
IPBES-5 Plenary meeting in first quarter of 2017.

Projects
Ongoing (UNEP/GEP project on ABS, CEBPOL, UNDPs NRM and BIOFIN)
Approved, to be launched (NBA-ACB project, GIZ project on ABS, Global UNDP/GEF
project on ABS)
Under preparation (PIF on biodiversity mainstreaming for GEF-6, KfW in North-East)
 Main activities during July 2016- March 2017

Biological Diversity Act:

Online applications for NBA to be launched.

NTCs - Notification for augmenting NTCs from 190 to 385 species

issued in April 2016; List to be further augmented.

Strengthening of NBA - 58 new posts, upgradation of two posts,

other such administrative matters.

Continuing engagement with stakeholders for enhancing awareness

and capacity building (DBT/NBA series of workshops).

Institutionalisation of biodiversity awards in NBA.

Biodiversity is life insurance for life itself

If you want to walk fast, walk alone

If you want to walk far, walk together

Thanks