Centre releases insights from first national report on Nagoya Protocol
India's Ministry of Environment, Forest and Climate Change (MoEFCC) released key findings from the country's first national report on the Nagoya Protocol, su...
What Happened
- India's Ministry of Environment, Forest and Climate Change (MoEFCC) released key findings from the country's first national report on the Nagoya Protocol, submitted to the Convention on Biological Diversity (CBD) secretariat on February 27, 2026.
- The report covers the period from November 1, 2017 to December 31, 2025, assessing India's implementation of Access and Benefit Sharing (ABS) provisions under the Biological Diversity Act, 2002.
- Between November 2017 and December 2025, India granted 12,830 ABS approvals — 5,913 from the National Biodiversity Authority (NBA) and 6,917 from State Biodiversity Boards and Union Territory Biodiversity Councils.
- The NBA realised Rs 216.31 crore in benefit-sharing proceeds, of which Rs 139.69 crore was disbursed to benefit claimants including local communities and Biodiversity Management Committees (BMCs).
- India issued 3,556 Internationally Recognised Certificates of Compliance (IRCCs) during this period — approximately 56–60% of the global total — making it the largest issuer of IRCCs worldwide.
- The report highlights three case studies: Sun Pharmaceutical accessing Cocculus hirsutus for dengue research (Rs 4.5 lakh upfront payment, 95% to local conservation); Indian Oil Corporation using agricultural residues for bioethanol research (Rs 18.6 lakh distributed between state and national authorities); and Advanced Enzyme Technologies paying Rs 71.25 lakh to village residents for probiotic microorganism access.
- Key challenges identified include strengthening digital monitoring systems, developing standardised biological resource valuation methodologies, and building institutional capacity at state and local levels.
Static Topic Bridges
The Nagoya Protocol on Access and Benefit Sharing (2010)
The Nagoya Protocol is a supplementary agreement to the Convention on Biological Diversity (CBD), adopted on October 29, 2010 at COP-10 in Nagoya, Japan, and entering into force on October 12, 2014. It establishes a transparent legal framework for the fair and equitable sharing of benefits arising from the utilisation of genetic resources, addressing the historic imbalance between biodiversity-rich developing nations and commercially advanced industrial users of those resources. India signed the protocol in 2011 and ratified it in 2012.
- Parent treaty: Convention on Biological Diversity (CBD), adopted 1992, entered into force 1993; India ratified CBD in 1994
- Nagoya Protocol adopted: October 29, 2010 (COP-10, Nagoya, Japan); entered into force: October 12, 2014
- India signed: 2011; India ratified: 2012
- Core obligation: Prior Informed Consent (PIC) from the providing country + Mutually Agreed Terms (MAT) between provider and user
- India's implementing legislation: Biological Diversity Act, 2002 and Biological Diversity Rules, 2004
- Three-tier governance: National Biodiversity Authority (NBA) → State Biodiversity Boards (SBBs) → Biodiversity Management Committees (BMCs)
Connection to this news: India's first national report demonstrates 8 years of ABS implementation under the protocol, with India emerging as the global leader in IRCC issuance — underscoring the framework's operational viability in a megadiverse country.
India's Biological Diversity Act, 2002 and the 2023 Amendment
The Biological Diversity Act, 2002 (BDA) is the primary domestic legislation operationalising India's obligations under the CBD and the Nagoya Protocol. It regulates access to India's biological resources and associated traditional knowledge, mandating benefit-sharing with local communities. The Biological Diversity (Amendment) Act, 2023 (passed Lok Sabha July 25, Rajya Sabha August 1, 2023) streamlined compliance for domestic entities, expanded the list of Normally Traded as Commodities (NTAC) biological resources, empowered SBBs on ABS fees under Section 7, and authorised the NBA to monitor utilisation of biological resources obtained from foreign countries under new Section 36A.
- BDA enacted: 2002; Rules notified: 2004
- NBA established under BDA: headquartered in Chennai
- 2023 amendment: removed imprisonment provision for violations (Section 55); increased fines instead; expedited approval processes for research and patent applications
- Over 2.76 lakh BMCs established across India to ensure grassroots participation
Connection to this news: The report's 12,830 ABS approvals and Rs 216 crore in benefit-sharing flows are products of this three-tier BDA framework, with the 2023 amendment further facilitating industry engagement while maintaining community entitlements.
Kunming-Montreal Global Biodiversity Framework (2022) and Target 13
The Kunming-Montreal Global Biodiversity Framework (KM-GBF) was adopted at COP-15 in Montreal, Canada in December 2022. It succeeded the Aichi Biodiversity Targets and sets 23 targets to be achieved by 2030. Target 13 specifically addresses the fair and equitable sharing of benefits from the use of genetic resources and digital sequence information (DSI), requiring that benefits be shared with indigenous peoples and local communities. Target 3 (the "30x30" target) commits nations to conserving 30% of terrestrial and marine areas by 2030.
- KM-GBF adopted: December 19, 2022, COP-15, Montreal
- Target 13: equitable benefit sharing including from DSI — connects directly to Nagoya Protocol's ABS provisions
- DSI: genetic sequences stored in public databases; major emerging frontier in ABS negotiations
- A multilateral fund for DSI benefit-sharing was agreed in principle at COP-15, to be finalised at COP-16 (Cali, Colombia, 2024)
- India's NBSAP (National Biodiversity Strategy and Action Plan) has been updated to align with KM-GBF targets
Connection to this news: India's first Nagoya Protocol report contributes to reporting under Target 13 of the KM-GBF, establishing the baseline data needed to assess progress toward equitable benefit-sharing by 2030 — particularly as DSI becomes the new frontier of biological resource access.
Traditional Knowledge and Community Rights in ABS
Traditional knowledge (TK) associated with genetic resources occupies a central place in ABS frameworks. Under the Nagoya Protocol (Article 7), access to TK held by indigenous and local communities requires obtaining their Prior Informed Consent (PIC) and negotiating MAT. India's People's Biodiversity Registers (PBRs), maintained by BMCs, serve as documentation tools for TK and local biodiversity, forming the evidentiary base for ABS claims.
- Nagoya Protocol Article 7: specific provisions for TK associated with genetic resources
- PBRs: community-level biodiversity records maintained under the BDA framework
- BMCs: village-level bodies empowered to negotiate benefit-sharing agreements; over 2.76 lakh BMCs functional in India
- IRCCs: issued by the Access and Benefit-Sharing Clearing-House (ABSCH) of CBD; India's dominance (56-60% of global total) reflects the scale of regulated ABS activity
Connection to this news: The three case studies — all involving payments flowing directly to local communities and BMCs — demonstrate that India's TK-linked benefit-sharing is moving from regulatory compliance to tangible financial transfers at the grassroots level.
Key Facts & Data
- Report period: November 1, 2017 – December 31, 2025
- Total ABS approvals: 12,830 (NBA: 5,913; SBBs/UTBCs: 6,917)
- NBA benefit-sharing revenue: Rs 216.31 crore realised; Rs 139.69 crore disbursed
- IRCCs issued by India: 3,556 out of a global total of ~6,311 (as of March 2026) — approximately 56% of global total
- BMCs established in India: over 2.76 lakh
- Nagoya Protocol entry into force: October 12, 2014
- India ratification of Nagoya Protocol: 2012
- Biological Diversity Amendment Act passed: 2023
- KM-GBF adopted: December 2022; Target 13 covers ABS and DSI