Research activity and the principle of solidarity in the EU legal framework for biodiversity

• Valentina Colcelli ^[1]
  1. [1] IFAC Institute
• Localización: Rights and Science: R&S, ISSN-e 2531-1352, Nº. 0, 2017, págs. 43-54
• Idioma: inglés
• Enlaces
  • Texto completo (pdf)
• Resumen

  • The paper aims to analyse how Reg. EU n. 511/2014 links the principle of solidarity to one of the most visible areas of intersection between EU law and ethical choice, particularly in the field of research activity: the implementation of the Nagoya Protocol in the EU legal framework. A broad range of users and suppliers in the Union, including academic, university and non-commercial researchers and companies from different sectors of industry, use genetic resources for research, development and commercialisation purposes. Some also use traditional knowledge associated with genetic resources [see point 3 Reg (EU) 2014/511]. Thus, all research activities involving germplasm, genetic resources, and traditional knowledge related to genetic resources are currently subject to Article 15, point 6, of the Convention on Biodiversity, and they also must observe the fundamental principle (established by Article 19 of the Convention and EU legal sources) of benefiting the countries involved in the research and development actions. The mutually agreed terms and the contracts mandated by art.

    3 reg. EU n. 511/2014 are correlated with distributive justice and the principle of solidarity, which underpin the entire EU legal system.