Protected Areas

Access to Genetic Resourcesand Benefit-sharing(including Traditional Knowledge)By enshrining the principle that stateshave the right to exploit their ownresources, acknowledging nationalsovereignty over biodiversity andestablishing as one of its objectives thefair and equal sharing of benefits derivedfrom the use of genetic resources, theCBD establishes the basis for a newinstitutional framework concerning theuse of genetic resources.The Convention recognises that accessto traditional knowledge relevant tothe conservation and sustainable useof biodiversity, as well as access to thegenetic resources of a country must be inaccordance with its national legislation.In Brazil, articles 8j and 15 of the CBDhave been implemented by means ofProvisional Decree 2186-16/2001(MP) and Decrees 3945/2001 and4549/2005.Genetic Heritage ManagementCouncil (CGEN)Provisional Decree 2186/2001established a collegiate body as thenational competent authority for accessto genetic resources and associatedtraditional knowledge and benefit sharing:the Genetic Heritage ManagementCouncil.The Council is both normative anddeliberative and is presided by theMinistry of the Environment. It comprisesnineteen federal bodies and agencies.Representatives of different civil societysectors take part as observers.Genetic Heritage Department(DPG)The Genetic Heritage Department wasestablished by Decree 3945/2001 andis part of the Secretariat for Biodiversityand Forests of the Ministry of theEnvironment. Among its responsibilities isto act as the executive secretariat of theCGEN.The main responsibilities of the DPG areto implement CGEN decisions; processapplications to be submitted to CGENfor its deliberation; issue authorizationsfor access and shipment of samplesof genetic resources in accordancewith CGEN decisions and its invested57