ABS in Spain

Abstract

Even though Spain had the possibility to regulate access to and utilisation of its geneticresources under the power conferred by Law No.42 of 2007, it had not exercised it until2017. After the passing of Decree No. 124/2017, following the implementation of the Nagoya Protocol (NP) and the European legislation on the issue, Spain has been able to effectively regulate access to the genetic resources under its sovereignty.The Spanish legal framework complies with the obligations imposed by the NP in relation tothe characteristics that access measures must feature, the need to designate a nationalfocal point and competent authorities for granting access to genetic resources, and the control of the utilisation of genetic resources and traditional knowledge taking place in Spain. Itmay take a number of years to gauge its effects, soundness and coherence. However,there are clear signs that the access and benefit-sharing regime will be efficiently and successfully implemented in Spain.