Frequently asked questions regarding the implementation of the Bylaw 124/2017, of 24 February, relative to the access to genetics resources from wild taxa and to the control of the utilization (Real Decreto 124/2017, de 24 de febrero)

Concerning the application and authorization to access to Spanish genetic resources from wild taxa:

Users of Spanish genetic resources from wild taxa whose activities involves the utilization of genetic resources must apply for an authorization. In this context, ‘utilization 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 as defined in the Law 42/2007, of 13 December, on natural heritage and biodiversity..

Concerning the due diligence declaration:

Due diligence declaration should be presented by users of either Spanish genetic resources or genetic resources and traditional knowledge associated with genetic resources from third countries in Spain, that fall within the scope of the Regulation (EU) No 511/2014 of the European Parliament and of the Council of 16 April 2014, and are in any of the following checkpoints:

1) At the stage of research funding when the research involves the utilization of genetic resources and traditional knowledge associated with genetic resources.

2) At the stage of final development of a product developed via the utilization of genetic resources and traditional knowledge associated with genetic resources.

3) At the stage of patent application when that patent involves the utilization of genetic resources and traditional knowledge associated with genetic resources.

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