Trade and exchange of genetic resources as commodities (such as agricultural, fisheries or forestry products – whether for direct consumption or as ingredients, e.g. in food and drink products) fall outside the scope of the Regulation, as no utilisation (research and development) is taking place. However, if and when research and development is carried out on genetic resources which originally entered the EU as commodities, the intended use has changed and such new use may fall within the scope of the EU ABS Regulation.

‘Genetic resource’ means genetic material of actual or potential value. ‘Genetic material’ means any material of plant, animal, microbial or other origin containing functional units of heredity.

Derivatives may be considered to be in scope of the EU ABS Regulation. ‘Derivative’ means a naturally occurring biochemical compound resulting from the genetic expression or metabolism of biological or genetic resources, even if it does not contain functional units of heredity. See ‘Utilisation of genetic resources’ below for more information.

Mutually agreed terms (MAT) are laid down in a contract between the users and providers of genetic resources. The MAT define the conditions governing the use of genetic resources and benefit-sharing. MAT may take the form of a material transfer agreement (MTA).

More information on MAT can be found on the page Important terms.

Prior informed consent (PIC) means approval for access to and utilisation of genetic resources by the authorities of the country where access is sought (the Competent National Authority, CNA).

More information on PIC can be found on the page Important terms.

In the sense of the EU ABS Regulation, ‘provider country’ means the country of origin of the genetic resource or any (other) Party to the Protocol that has acquired the genetic resource in accordance with the Convention on Biological Diversity. ‘Country of origin’ means the country which possesses the genetic resource in in-situ conditions.

The Standard Material Transfer Agreement (SMTA) is an MTA in a mandatory form for parties wishing to provide and receive material from the Multilateral System (MLS) of the ITPGRFA.

More information on the SMTA can be found on the page Important terms.

‘Utilisation of genetic resources’ means ‘to conduct research and development on the genetic and/or biochemical composition of genetic resources, including through the application of biotechnology’.

Utilisation of derivatives (whether or not containing functional units of heredity) is within scope of the EU ABS Regulation when access to derivatives also includes genetic resources for utilisation, e.g. when access to a derivative is combined with access to the genetic resource it is derived from.

For more information on what constitutes utilisation and when derivatives are within scope of the EU ABS Regulation, see the Guidance document published by the EU and When am I a user? on the ABS Focal Point website.