PRESENTATION ON

NATIONAL BIODIVERSITY AUTHORITY

BEFORE THE

HON’BLE MINISTER 14 JULY, 2016. MOEFCC, NEW DELHI.

Biological Diversity Act, 2002

Objectives:

1. Conservation of biological diversity;

2. Sustainable use of its components;

3. Fair and equitable sharing of benefits arising from the use of

genetic resources.

Functions of NBA (Sec. 18)

• Grant approval for access of bioresoources

• Advise Central/State Government on above three objectives

• Issue guidelines

• To oppose grant of IPR outside India on any bioresource obtained from India.

INSTITUTIONAL STRUCTURE

Ministry of Environment, Forests & Climate Change

National Biodiversity Authority

(Established by the Central Government)

State Biodiversity Boards

(Established by the State Governments)

Biodiversity Management Committees

(Established by the Local Bodies)

Sl.No. States SBSAPs State

specific

Rules

Threatened

Species

notifications

(Sec.38)

No. of

BMCs

No. of

PBRs

1. Andhra Pradesh 928 28

2. Arunachal Pradesh 43 -

3. Assam 171 6

4. Bihar - -

5. Chhattisgarh 27 7

6. Goa 54 -

7. Gujarat 3,405 133

8. Haryana - -

9. Himachal Pradesh 155 -

10. Jammu & Kashmir - -

11. Jharkhand 66 11

12. Karnataka 4,636 468

13. Kerala 1,043 758

14. Madhya Pradesh 23,743 704

15. Maharashtra 890 37

SBBs- BMCs- PBRs: CURRENT SCENARIO

Sl.No. States SBSAPs State

specific

Rules

Threatened

Species

notifications

(Sec.38)

No. of

BMCs

No. of

PBRs

16. Manipur 52 10

17. Meghalaya 94 -

18. Mizoram 221 3

19. Nagaland 10 -

20. Odisha 230 76

21. Punjab 55 -

22. Rajasthan 31 -

23. Sikkim 13 -

24. Tamil Nadu 16 -

25. Telangana 710 9

26. Tripura 217 126

27 Uttar Pradesh 32 11

28. Uttarakhand 751 22

29. West Bengal 176 76

TOTAL 24

States

22

States

16

States

37,769

(26 States)

2,485

(17 States)

Cont……

Sl.No Union Territories SBSAPs Threatened

Species

Notifications

(Sec.38)

No. of

BMCs

No. of

PBRs

1. Andaman And Nicobar

2. Chandigarh

3. Dadra And Nagar Haveli

4. Daman And Diu

5. Lakshadweep

6. NCT of Delhi

7. Puducherry

TOTAL 4 UTs 2 UTs

UNION TERRITORIES

I. CONSERVATION

The State Government may declare areas of biodiversity importance as Biodiversity Heritage Sites.

(Sec. 37). NBA has issued guidelines for the identification of BHS.

- 7 BHS notified in three States

The Central Government, in consultation with the concerned State Government, to notify certain specie

s of plants and animals, as a threatened species (Sec. 38). NBA developed a methodology through an

expert committee for notification of threatened species.

- notified in 16 States and 2 Union Territories

As per Section 41 of the Act read with Rule 22 (6) of the Rules, 2004, the main function of the

BMCs is to prepare People’s Biodiversity Registers (PBRs) in consultation with local people. NBA

has issued a guidelines on this in 2009 and updated in 2013.

- 2485 PBRs have been documented in 17 states

The Central Government designate institutions/ organizations from time to time as repositories for safe

custody of representative samples as voucher specimens of the biological resources accessed in

accordance with the provisions contained under section 39. A guidelines to keep Safe custody of

voucher specimen has been issued in March 2016.

- 15 Institutions designated

ACHIEVEMENTS

II. SUSTAINABLE USE

• Regulating access to BR for commercial utilization u/s 3 &19

Source (cultivated or wild)

Rare/endemic/ endangered/ threatened

Species in CITES appendices

• Notification of Bioresources Normally Traded as Commodities (u/s 40).

- A revised list of 385 species notified.

- Parts of the plants, source & common name.

- Items traded as a matter of common practice are also NTC

ACHIEVEMENTS

• Guidelines on Access to Biological Resources and Associated Knowledge and Benefits

Sharing Regulations, 2014 have been notified on 21st November, 2014.

The Regulations provide for:

legal certainty

clarity and transparency

simplified procedure to the Indian researchers / Govt. institutes to carry out basic

research outside India

options of benefit sharing for different users

graded benefit sharing

establishing supply chain from source to manufacturer

upfront payment on high economic valued bio-resources

(Red sanders, Sandal etc.)

apportioning accrued benefits to the community/ BMC.

III. FAIR AND EQUITABLE SHARING OF BENEFITS

ACHIEVEMENTS

What are all the Activities Covered

under the Act?

Biological Resource and/or associated knowledge

Activities Persons u/s 3 (2) Persons u/s 7

Research NBA -NA-

Bio-survey and Bio-utilization

NBA SBB

Commercial utilization

NBA SBB

Intellectual Property Rights

NBA NBA

Transfer of research results NBA NBA

Third party transfer of BR & AK NBA -NA-

1. Commercial Utilization:

2. Transfer of results of research , the benefit sharing obligation is 3.0 to 5.0% of the monetary

consideration.

3. Intellectual Property Rights :

Benefit sharing component

Annual Gross ex-factory sale of product Benefit sharing component

Up to Rupees 1,00,00,000 0.1 %

Rupees 1,00,00,001 up to 3,00,00,000 0.2 %

Above Rupees 3,00,00,000 0.5 %

If applicant himself commercialize the process/product/innovation

0.2 – 1.0% of Annual Ex-factory gross sale (minus govt. taxes)

If applicant assigns / licenses the process / product / innovation to a third party for commercialization

3.0 – 5.0 % of the fee received in any form. And 2.0 – 5.0 % of Royalty

4. Transfer of accessed boresources and AK, the benefit sharing obligation is 2.0 to 5.0% (following

sectoral approach) of any amount and / or royalty received from the transferee.

Form Category Applications

received

Agreements

signed

Form I Access to Biological resources and

associated traditional knowledge

252

71

Form II Transferring the results of research to

foreign nationals, companies, NRI’s for

commercial purposes.

43

13

Form III Seeking Intellectual Property Right

821

147

Form IV Third Party transfer of the accessed

biological resources and associated

traditional knowledge.

80

28

Total 1196 259*

Form-B Conducting of non-commercial

research or research for emergency

purposes outside India by Indian

researchers/ Government institutions

12

7

Status of Applications on ABS

* Out of 814 applications cleared by NBA, so far 259 agreements have been executed.

Benefit Sharing (royalty, upfront payment, etc) earned

1.Benefit sharing received - 34.26 Crores

a. Export of Red sanders - 32.00 crores

b. Others - 1.84 crores

2. Application fee received - 43.28 Lakhs

Access and Benefit Sharing Chair- Shri Ramesh G. Kalaghatgi, I.F.S,

Biodiversity Management Committees

Chair- Smt. Gayatri Ramachandran, I.A.S.(Retd.)

Red Sanders Chair- Shri B.Vijayan, I.A.S.(Retd.)

Expert Committees (sec 13(2) of the Act & r/w Rule 11 of the BD Rules)

Revise the existing Agreement Formats Chair- Dr R.S.Rana

Normally Traded Commodities Chair – Shri D.K. Ved, I.F.S (Retd.)

Medicinal Plants Chair – Dr. Amarjeet Ahuja IAS., (Retd.)

Agro-Biodiversity Chair- Dr R.S.Rana

Financial Year Grant – in – Aid Released (Rs. in cr.) Actual Expenditure

(Rs. in cr.)

2003 - 04 0.80 0.09

2004 - 05 0.71 0.59

2005 - 06 1.36 1.36

2006 - 07 2.08 1.40

2007 - 08 2.14 1.90

2008 - 09 2.87 2.78

2009 - 10 2.97 2.97

2010 - 11 5.33 3. 99

2011 - 12 9.37 7.22

2012 - 13 10.49 8.07

2013 - 14 38.85 24.67

2014 - 15 33.89 24.77

2015 - 16 18.06 16.96

FINANCIAL PERFORMANCE

02468

10121416182022242628303234363840

2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2009-10 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16

0.8 0.71 1.36 2.08 2.14 2.87 2.97 5.33

9.37 10.49

38.85

33.89

18.06

0.99 0.59 1.36 1.4 1.9 2.78 2.97 3.99

7.22 8.07

24.67 24.77

16.96

Grant in Aid released (Rs. in Cr.) Actual Expenditure (Rs. In cr.)

COLLABORATIVE PROJECTS

UNDP Project: ‘Institutional Strengthening

for Implementation of Biological Diversity

Act’

MP, JH Completed

GEF direct access project NR5 and NBAP Addendum Completed

UNEP GEF MoEFCC - ABS Project WB, AP, TS, TR, KA, Goa,

HP, Sikkim, OR, GJ

Ongoing

Indo - Norwegian Centre for Biodiversity

Policy and Law (CEBPOL)

Ongoing

GoI - UNDP Biodiversity Finance Initiative

(BIOFIN) - India

Ongoing

ASEAN Capacity Building programme Approved, to

commence

Indo- German GIZ project on ABS TN, MH, UK Approved, to

commence

KFW project in North-East Nagaland, Assam Under

discussion

Development of PIF for GEF-6 on

mainstreaming of biodiversity

Under

preparation

ACTIVITIES UNDERTAKEN SINCE FEBRUARY, 2016

Review Meetings and Stakeholder Consultations

Review Meetings of State Biodiversity Boards conducted on 10th May 2016 at

Chennai for Andhra Pradesh, Goa, Kerala, Karnataka, Maharashtra, Tamil

Nadu, Telengana

Review Meetings of State Biodiversity Boards conducted on 6th June 2016

at New Delhi for Chathisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh,

Uttara Pradesh, Punjab, Rajastan, Jharkhand and Uttarakhand

Review Meetings of State Biodiversity Boards will be conducted during 3rd

week of July 2016 for the North East States of India

Organised and Participated Media Workshop to engage the media on

discoursed on “National Biodiversity Targets and Biodiversity Act” in

collaboration with Centre for Environmental Communication on 7th June at

New Delhi and 14th June at Chennai

Sensitizing through Media

Times of India, 06.07.2016

In collaboration with DBT and BCIL Awareness workshops on Guidelines for

Access to Biological resources under Biodiversity Act 2002 being conducted at

6 different cites (New Delhi, Pune, Kolkata, Guwahati, Hyderabad, Bangaluru)

13th June 2016

Red Sanders

SBB TEEB

GIZ

Authority Meeting

37th Meeting on 22nd

March 2016

New Delhi

38th Meeting on 4th

July 2016

Chennai

International Day for Biological Diversity May 22nd 2016

Year

Medium Term Long Term

2016 – 17 2017 - 18 2018 - 19 2019 - 20 2020-21 2021-22 2022-23 2023-24 2024-25

Capital - 25.00 25.00 - - - - - -

Revenue - - - - - - - - -

Recurring 13.00 28.00 32.00 31.00 28.00 31.00 35.00 39.00 43.00

Non-

Recurring

5.00 10.00 11.00 12.00 14.00 16.00 18.00 20.00 22.00

Total 18.00 63.00 68.00 43.00 42.00 47.00 53.00 59.00 65.00

PROJECTION OF FINANCIAL RESOURCES REQUIREMENT ** (MEDIUM/LONG TERM)

(Rs. in crores)

** Includes proposed network programme on Invasive Alien species and

endangered species

SWOT ANALYSIS

Strengths

BD Act’s Institutional framework

Decentralized implementation

and grassroots linkages

Mainstream objective

Weakness

Inadequate capacity of

stakeholders at SBB and BMC

level

Inadequate awareness among

stakeholders

Lack of enforcement mechanism

Opportunities

Capacity building

Stakeholder engagements

Bilateral & Multilateral Projects

Threats

Complexity of issues

Lack of case laws

Lack overall precedence

Challenges

• Pan India coverage

• Slow formation of BMCs & PBRs

• Inadequate awareness among stakeholders

• Inadequate capacity of stakeholders, especially SBBs and BMCs

• Building trust among stakeholders

• Mainstreaming of biodiversity

• Receipt of incomplete applications

• Complexity of issues and no precedence elsewhere, no case laws

• Notification u/s 37, 38 – link to action

• State Rules not in consonance with the BD Act

• Constitution of BMCs at local level in different states and union territories

• Monitoring the post approval compliance by the user of BR/AK

• Utilization of Benefit sharing with the benefit claimers

Way ahead

• Continual engagement with stakeholders (CSOs, Business, Academia, Research institutions and Government Departments)

• Sector-specific training programmes and awareness initiatives

UNDP global project (Scientific and R&D sector)

Awareness to researchers / scientists / institutions with the collaboration of DBT through CEBPOL project

• Development of online application

• Preparation of SBSAPs and SBTs

• Building capacity different stakeholders

• Pursuing formations of BMCs & PBRs

• Approved posts of 58 still pending

• Outreach through NBA quarterly news letter