Implementation of compliance

measures in Norway Senior Adviser Sunniva Aagaard, PhD . Norwegian Environment Agency

Overview of ABS Legislative History in Norway

Nature Diversity Act and Marine Resources

Acts pass the Parliament – 2009

User Country Measures in force since 2009

Signing of the Nagoya Proctol May 2011

Nature Diversity Act amended June 2013.

Prosess: Interministerial working group and involvement of stakeholders (including FNI).

Focal point: The Ministry of Climate and Environment

Foto: Inger Holten

Nagoya Protocol Article 15 Compliance with Domestic

Legislation or Regulatory Requirements on

Access and Benefit-Sharing

Chapter I Purpose and scope, etc.

Chapter II General provisions on sustainable use

Chapter III Species management

Chapter IV Alien organisms

Chapter V Protected areas

Chapter VI Selected habitat types

Chapter VII Access to genetic material

Chapter VIII Competent authority under the Act, supervision, etc.

Chapter IX Enforcement and sanctions

Chapter X Final provisions

Act of 19 June 2009 No. 100 Relating to the Management

of Biological, Geological & Landscape Diversity

(Nature Diversity Act)

Nature Diversity Act. Chapter VII Access to genetic material

Section 57 (management of genetic material)

Section 58 (collection and utilization of genetic material obtained

from the natural environment)

Section 59 (genetic material in public collections)

Section 60 (genetic material from other countries)

Section 61 (implementation of the International Treaty on Plant

Genetic Resources for Food and Agriculture) - Ministry of

Agriculture and Food

Section 61a (traditional knowlegde associated with genetic material)

Section 58 (collection and utilization of genetic material

obtained from the natural environment)

- Similar competence in the Marine Resources Act,

Chapter 2, sections 9 and 10

Section 61 (implementation of the International Treaty on

Plant Genetic Resources for Food and Agriculture)

- Ministry of Agriculture and Food

Section 57 (management of genetic material)

Genetic material obtained from the natural environment is a common resource belonging to Norwegian society as a whole and managed by the state. It shall be utilised to the greatest possible benefit of the environment and human beings in both a national and an international context, also attaching importance to appropriate measures for sharing the benefits arising out of the utilisation of genetic material and in such a way as to safeguard the interests of indigenous peoples and local communities.

‘Regulation on access to and utilisation on genetic material.’

- Public hearing ended October 3rd 2017.

- Interministerial working group led by The Ministry of Trade

Industries and Fisheries and the Ministry of Climate- and

Environment.

- Directorate of Fisheries & the Norwegian Environment Agency are

suggested competent authorities, including supervisory

authority.

Regulation #1, Nature Diversity Act Section 57- 59

Regulation #2, Nature Diversity Act Section 57 & 61 a)

‘Regulations relating to the protection of traditional

knowledge associated with genetic material’

- Entered into force January 1st 2017.

- The Ministry of Climate and Environment is competent authority.

Nagoya Protocol Article 17. Monitoring the Utilization of

Genetic Resources

Genetic material from other countries, user

country measures, i.e. checkpoints.

- In process.

- Interministral working group.

- Existing structures, both under other

sectors and within the Nature Diversity Act.

Regulation #3,

Nature Diversity Act Section 60 & Chapter VIII, IX

Nature Diversity Act. Chapter VIII Competent authority

under the Act, supervision, etc.

Section 62 (competent authority under the Act)

Section 63 (supervision)

Section 64 (investigation)

Section 65 (duty to provide information)

Section 66 (internal control)

Section 67 (amendment and revocation of permits)

Section 68 (register of environmental decisions)

Example: Norwegian Environment Agency as a supervisory authority

Norwegian Environment Agency

- including separate department supervision.

Norwegian Nature Inspectorate

- more than sixty local offices.

Nature Diversity Act. Chapter IX Enforcement and sanctions Section 69 ( measures to remedy or mitigate the impact of

unlawful activities)

Section 70 (unforeseen environmental impacts of lawful activities)

Section 71 (direct implementation)

Section 72 (use of another person’s property in connection with the implementation of measures)

Section 73 (coercive fine)

Section 74 (environmental compensation)

Section 75 (penal measures)

Enforcement and sanctions – relevant sections

Measures to remedy or mitigate the impact of unlawful

activities.

Duy to prevent/limit harm-lawful activities.

The authorities can impose a coersive fine.

The authorities can impose environment compensation in

favor of the State.

Penal measures.

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