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Shardul Nautiyal, Mumbai December 19 , 2024
The National Biodiversity Authority (NBA), an autonomous and statutory body under the ministry of environment, forest and climate change (MoEFCC), has called for public comments and suggestions regarding the revision of the Access and Benefit Sharing (ABS) Regulations, 2014 towards strengthening ayurvedic biodiversity conservation.

This initiative comes in light of the recent amendments to the Biological Diversity Act, 2002, and the Biological Diversity Rules, 2004. The public is invited to submit their views in writing to the NBA at secretary@nba.nic.in.

As per the MoEFCC notification on ABS, when the biological resources are accessed for commercial utilisation or the bio-survey and bio-utilisation leads to commercial utilisation, the applicant shall have the option to pay the benefit sharing ranging from 0.1 to 0.5 per cent at the following graded percentages of the annual gross ex-factory sale of the product which shall be worked out based on the annual gross ex-factory sale minus government taxes.

The NBA is seeking input from individuals, associations, entities, and institutions on the proposed revisions, with a focus on the benefit-sharing obligations related to the utilization of biological and genetic resources and/or associated knowledge and digital sequence information.

The NBA emphasizes the importance of stakeholder participation in ensuring that the revised ABS Regulations are comprehensive and aligned with the evolving landscape of biodiversity conservation, sustainable use, and equitable benefit sharing.

This move is part of the ongoing efforts by the NBA to refine and enhance India's framework for biodiversity governance, in accordance with international obligations and national priorities for conservation and sustainable development.

NBA's call for input is expected to play a critical role in shaping future regulations related to biodiversity use and conservation, ensuring that the revised framework benefits all sectors involved while protecting India's rich natural heritage.

As per the ABS compliance, Ayush manufacturers are required to share benefits among concerned Biodiversity Management Committees (BMC) of the state for sustainable use of bio-resources as per Biological Diversity (BD) Act, 2002.

Ayurvedic manufacturers have long been questioning the irrationality of the ABS notification saying that it is applicable to foreign companies only. It is not applicable to Indian manufacturers as most of the raw material is not commercially utilised. State Biodiversity Boards (SBBs) have however maintained that law exempts commonly traded commodities for general consumption and not commercial utilisation of bio-resource as stipulated in the November 21, 2014 ABS notification. MSBB has the mandate to collect ABS payment under the provisions of BD Act, 2002.

As per the BD Act, manufacturers are accountable to share details of the source from where raw material has been procured in Form I and further submission of the same to SBB. The NBA and central government are empowered to take legal action for the non-compliance of ABS.

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