The biodiversity matter has been on the agenda of the Federal Government and, recently, four biodiversity-related legislation were published in the Official Gazette: Federal Decree No. 12,017/2024; and Resolutions No. 42/2024; No. 43/2024; and No. 44/2022, from the Genetic Heritage Management Council (CGen).
Federal Decree No. 12,017/2024 aims to amend the Federal Decrees No. 4,703/2003 and No. 10,141/2019, which refer, respectively, to the National Biological Diversity Program (PRONABIO) and the National Biodiversity Commission, and to the National Wetlands Committee. One aim of the new decree is to regulate the powers, composition, structure, and publicity of acts of the National Biodiversity Commission (CONABIO)—a consulting sector of the executive branch, responsible for articulating and coordinating the implementation of biodiversity conventions—with the aim of promoting the implementation of the Kunming-Montreal Global Framework for Biological Diversity, adopted within the scope of the Convention on Biological Diversity.
The decree revokes Federal Decree No. 10,235/2020, increasing the number of seats on CONABIO's governing council from 14 to 34, as well as promoting increased civil representation by representatives of indigenous, quilombolas, and other traditional communities, artisanal fishermen, agro-extractive workers, and other groups. Furthermore, the decree establishes the Ministry of Finance as the Operational Focal Point of the Global Biodiversity Framework Fund, within the scope of the Convention on Biological Diversity. Under the decree, that the availability of resources from the Global Funds for the Environment and the Global Biodiversity Framework will need to comply with guidelines and instruments of the National Biodiversity Policy and the National Biodiversity Strategy and Action Plan.
CGen Resolutions No. 42/2024, No. 43/2024, and No. 44/2022 provide for the creation of Thematic Chambers (CTs) with the purpose of supporting decisions issued by the CGen Plenary, based on discussions and proposals on themes or areas of knowledge as established in article 8th of Federal Decree No. 8,772/2016.
CGen Resolution No. 42/2024 creates the "CT – SisGen," which is intended to become a forum to identify demands and opportunities that could improve the National Genetic Heritage Management System (SisGen) and the provision of services through it. The CT – SisGen is also intended to promote debate, training, and public tests, in order to obtain technical subsidies and suggestions for improvements to SisGen's functionalities.
CGen Resolution No. 43/2024 creates the "CT – Sustainable Use," which will have tasks such as acting as a forum for interlocution, articulation and debate, aiming at identifying opportunities related to the sustainable use of genetic heritage and traditional knowledge associate; present, to the CGen Plenary, opportunities and proposals for activities aiming at improving and expanding the sustainable use of genetic heritage and associated traditional knowledge; among others.
Moreover, CGen Resolution No. 44/2024 creates the "CT – Nagoya Protocol," which will identify and present, to the CGen Plenary, measures to be adopted to effectively implement the Nagoya Protocol in Brazil. Importantly, this protocol regulates Access to Genetic Resources and Fair and Equitable Distribution of Benefits Derived from their Use in accordance with the Convention on Biological Diversity, enacted in Brazil by means of Federal Decree No. 11,865/2023.
The new CTs will be composed of 16 members: eight of whom will be filled by existing counselors of the CGen Plenary, and will consist of representatives from various sectors and entities of the Federal Public Administration; four will be sectorial representatives; and four will be representatives of associated traditional knowledge providers.
The Environmental, Climate Change and ESG Practice of Tauil & Checker Advogados in association with Mayer Brown is available for additional clarifications on the topic.
Visit us at mayerbrown.com
Mayer Brown is a global services provider comprising associated legal practices that are separate entities, including Mayer Brown LLP (Illinois, USA), Mayer Brown International LLP (England & Wales), Mayer Brown (a Hong Kong partnership) and Tauil & Chequer Advogados (a Brazilian law partnership) and non-legal service providers, which provide consultancy services (collectively, the "Mayer Brown Practices"). The Mayer Brown Practices are established in various jurisdictions and may be a legal person or a partnership. PK Wong & Nair LLC ("PKWN") is the constituent Singapore law practice of our licensed joint law venture in Singapore, Mayer Brown PK Wong & Nair Pte. Ltd. Details of the individual Mayer Brown Practices and PKWN can be found in the Legal Notices section of our website. "Mayer Brown" and the Mayer Brown logo are the trademarks of Mayer Brown.
© Copyright 2024. The Mayer Brown Practices. All rights reserved.
This Mayer Brown article provides information and comments on legal issues and developments of interest. The foregoing is not a comprehensive treatment of the subject matter covered and is not intended to provide legal advice. Readers should seek specific legal advice before taking any action with respect to the matters discussed herein.