IFEAT World July 2020

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20WORLDINFORMATION LETTERN°1090 - 9TH APRIL 2020INFORMATION LETTER N°1090IFRA-IOFIGUIDANCE DOCUMENTfor the F&F Industry for dealingwith the Nagoya Protocol and ABSRegulationsTopic: Nagoya Protocol and ABSRegulationsKey Message: The IFRA-IOFI NagoyaProtocol TF (NPTF) is now publishingthe IFRA-IOFI Guidance for theFlavor and Fragrance Industry fordealing with the Nagoya Protocoland Access and Benefit Sharing (ABS)Regulations (Enclosure 01) in order toraise awareness and provide supportto companies in understanding thecomplexity of this legal framework.In addition, IOFI and IFRA held awebinar for their members andinterested stakeholders where theypresented this new guidance andprovided a summary of the keychallenges that ABS legislationspresent to flavour and fragrancecompanies.Background: The “Nagoya Protocol onAccess to Genetic Resources and theFair and Equitable Sharing of BenefitsArising from Their Utilization to theConvention on Biological Diversity”was negotiated and adopted underthe auspices of the United NationsConvention on Biological Diversity(CBD).The Nagoya Protocol requires parties(States) to establish a clear andtransparent legally binding frameworkdetermining how researchers andcompanies who utilise geneticresources or traditional knowledgeassociated with genetic resources,should obtain access to them and howbenefits resulting from the utilisationare fairly and equitably shared. As aresult, a wide variety of Access andBenefit Sharing (ABS) regulationshave arisen worldwide, not generallyharmonised and often not easy tointerpret, thereby often creating asituation of legal uncertainty for theIndustry at large.The F&F industry fully supports theobjectives of the Nagoya Protocolwhich aims to share benefits fromthe utilisation of genetic resources orassociated traditional knowledge withthe respective holders and should beregarded as an element of sustainableand ethical sourcing of natural rawmaterials.Ensuring compliance requirestraceability and therefore awarenessand due diligence activities alongthe whole supply chain. In the caseof the F&F industry, the said supplychain is complex and thereforerequires excellent understandingby and communication between allstakeholders involved.With those elements in mind, thisdocument aims to:• Support flavour and fragranceindustry members in understandingthe Nagoya Protocol and identifyingits potential implications on theirbusiness and operations, whileproviding some keys ofinterpretation on some nationallegislations implementing thatProtocol, as well as other ABSlegislations.• Support the development ofcompany internal policies andprocesses to properly ensurecompliance with the obligationscreated by the Protocol and itsimplementing legislations withregard to both the provider and theuser countries.The overall regulatory frameworkis complex, with the intertwining ofinternational, European and nationalrules. The IFRA-IOFI Guidanceprovides a summary of the nationalimplementing ABS legislation inselected key countries for the F&Fbusiness: Brazil (Enclosure 02), theEuropean Union (Enclosure 03),India (Enclosure 04), South Africa(Enclosure 05) and Switzerland(Enclosure 06). These annexes havebeen prepared with strong support ofthe NPTF members and F&F nationalassociations and will be updatedwhen regulatory developmentsoccur.In addition, it is commonlyacknowledged that there is still alack of clarity on specific concepts ofthe Nagoya Protocol, notably relatedto the definition of ‘utilisation’ andthe extent to which ‘derivatives’ fall inscope. This guidance document aimsat describing a shared understandingof these concepts in the contextof flavours and fragrances. It shallneither replace national legislationsnor the interpretation that nationalauthorities could make of thoseconcepts, which remain the mainsources for legal interpretation.Related IOFI Information Letters:1546, 1548, 1607, 1653, 1669, 1677Required action: In case of any newnational regulatory developmentin a country of interest to the F&Findustry, users of the Guidance arekindly requested to inform IOFI andIFRA for update of the GuidanceDocument.For further information: Pleasecontact Maxime Marchal. Email:mmarchal@iofi.orgIFEAT Members can read more andsee the enclosures at https://ifeat.org/category/scientific-updates
WORLD 21CALL FORMEMBER NEWSFOR IFEAT E-NEWS BULLETINS & IFEATWORLDIFEAT is looking for contributionsfrom its Members to regular e-newsbulletins and for IFEATWORLD, themonthly newsletter. We would liketo invite IFEAT Members to submita short article or announcement.The following submissions will beconsidered:• News items, announcements -short, topical, news oriented (noobvious promotion will beaccepted)• Award or milestone recognition• Mergers/collaborations• Larger articles – in depthdiscussions, projects (socialimpact studies, socio-economic/environmental projects), casestudies, market analysis, etc.CONTRIBUTIONSArticles should be submitted in MSWord format.WORD COUNT:• News items and announcements– 50 to 200 words• Major articles – maximum 1,000wordsPlease email any press releases,articles or news items to Tina Carne,IFEATWORLD Editor:ifeatworld@ifeat.orgIFEATWORLDDEADLINES:1. Spring Issue (Submissions duesecond week of February)2. Summer Issue (Submissions duesecond week May)3. Autumn/Conference Issue(Submissions due second weekAugust)4. Winter Issue (Submissions duesecond week November)PLEASE NOTE:Not every submission will bepublished. The Editor reservesthe right not to publish content ineither IFEAT e-news bulletins orin the IFEATWORLD Newsletter.Submitted content may be used ine-news bulletins or in IFEATWORLDand this may at times be in alater edition of the newsletterdepending upon available space.The Editor also reserves the rightto make editorial changes and/or correct spelling and grammarerrors. To establish the identityof our contributors, your name orcompany name will be publishedwith your article.CALL FOR MEMBER NEWS
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IFEAT World July 2020

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