Biotechnology Law at Gibraltar (BOT)
Gibraltar, as a British Overseas Territory, aligns its biotechnology and biosafety regulations with both UK and EU standards. Post-Brexit, Gibraltar has retained many EU-derived laws, including those pertaining to biotechnology.
🇬🇮 Biotechnology and Biosafety Framework in Gibraltar
1. Regulation (EU) No 511/2014 on Access and Benefit-Sharing (ABS)
Gibraltar has implemented Regulation (EU) No 511/2014, which enforces compliance with the Nagoya Protocol on Access and Benefit-Sharing. This regulation ensures that genetic resources and traditional knowledge are accessed and utilized in a fair and equitable manner. It mandates users to exercise due diligence, maintain records, and obtain necessary permits when accessing genetic resources.
2. Regulation (EU) 2015/1866 on User Compliance
This regulation complements Regulation (EU) No 511/2014 by detailing the obligations of users of genetic resources. It requires users to provide information on their legitimate interest in developing procedures that enable compliance with access and benefit-sharing obligations. The Minister for the Environment oversees the application process, ensuring that users adhere to these regulations.
3. Regulation (EC) No 338/97 on the Protection of Species
Gibraltar enforces Regulation (EC) No 338/97, which implements the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This regulation prohibits the commercial trade of specimens of species listed in Annex A unless specific exemptions apply, such as for scientific research or conservation purposes.
4. Environmental Governance Bill 2023
The Gibraltar Government published the Environmental Governance Bill 2023 to ensure robust environmental governance post-Brexit. This bill establishes legally binding environmental targets and integrates environmental principles into policy development. While not specific to biotechnology, it provides a framework for sustainable environmental practices that can encompass biotechnological activities.
🌐 International Commitments
Gibraltar adheres to the Nagoya Protocol on Access and Benefit-Sharing, which aims to ensure that the benefits arising from the utilization of genetic resources are shared fairly and equitably. The territory has implemented EU regulations that enforce compliance with this protocol, even post-Brexit.
✅ Conclusion
Gibraltar's biotechnology and biosafety regulations are aligned with international standards, primarily through the adoption of EU regulations. These laws ensure that biotechnological activities, especially those involving genetic resources, are conducted responsibly and sustainably. The recent Environmental Governance Bill further strengthens the territory's commitment to environmental protection, including aspects related to biotechnology.(
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