Note: this article was originally published in the CGSG-Newsletter of the Conservation Genetics Specialist Group. Authors: Débora S. Raposo (GFBio e.V.), Pablo Orozco (DSMZ) und Amber H. Scholz (DSMZ).
Digital Sequence Information and the UN Convention on Biological Diversity
In policy circles, Digital Sequence Information (DSI) refers to DNA sequences, protein sequences, and other molecular data. Decisions on DSI under international multilateral agreements could significantly impact all life sciences that deal with molecular data, including biodiversity conservation, agriculture, medicine, and more.
At the previous United Nations Biodiversity Conference (COP15), countries party to the Convention on Biological Diversity (CBD) agreed that benefits arising from the use of digital sequence information on genetic resources should be shared fairly and equitably through a multilateral mechanism, including a global fund. The COP15 decision outlined several principles for this mechanism, such as the need to be consistent with open access to data and to not hinder research and innovation. However, time ran short, and many issues remained unresolved, requiring further negotiations leading up to COP16.
At this year’s COP16, Parties convened in Cali, Colombia and focused on operationalizing the benefit-sharing mechanism for DSI. Over the course of two weeks, nine contact groups on Digital Sequence Information (DSI) convened, and the conference culminated in an intense overnight closing negotiation session. At 7:30 am on November 2nd the Parties to the CBD agreed on the modalities for operationalizing the multilateral mechanism, including the creation of the Cali-Fund,, a financial instrument designed to promote fair benefit-sharing from DSI use and advance global biodiversity objectives. The full text of the COP16 decision (CBD/COP/16/L.32/Rev.1) is available here.
The DSI Scientific Network, which include several members of the CGSG, attended the COP16 to provide evidence-based input to the negotiations. They called for a multilateral approach, open access, simple system changes and Compatibility with other international treaties on Access and Benefit-Sharing (ABS).
16th United Nations Biodiversity Conference: Results for DSI issues
Progress amid challenges
The COP16 decision laid the groundwork for implementing the multilateral mechanism by defining its scope (DSI that is publicly available and for which the sharing of benefits is not covered by other ABS agreements), specifying user responsibilities, and establishing principles for fund allocation.
Who should pay?
The agreement introduces a system where commercial users from sectors that directly or indirectly benefit from the DSI are expected to contribute to the Cali Fund. It requires these users to contribute 1% of their profits or 0.1% of their revenue if they exceed at least two of the following three financial thresholds: total assets of USD 20 million, sales of USD 50 million, or profits of USD 5 million (averaged over the preceding three years). While this mechanism is voluntary, governments are encouraged to adopt legislative or other measures to ensure compliance. According to research commissioned by the CBD secretariat, this fund has the potential to generate up to $1 billion annually for biodiversity conservation.
However, before reaching consensus, the negotiations were marked by intense discussions. One of the main challenges over the two weeks of discussion was the lack of clarity around user obligations to pay, with some parties calling for a blanket payment system encompassing both commercial and non-commercial users. In addition, open access to DSI was at stake when decision makers prioritized the FAIR, CARE, TRUST and UNESCO Recommendation for Open Science principles, which are less open than the current practices of the DSI public databases. These issues sparked significant concerns, particularly among academic users of DSI, who warned the policy makers about potential disruptions to the free flow of scientific data and its implications for global scientific collaboration
Other key outcomes
- Academic and non-commercial exemptions exempted from financial contributions: Non-commercial users were exempted from contributing to the Cali Fund, alleviating concerns about financial burdens on research institutions and academics.
- Preservation of Open Access: Databases will continue to operate according to their open access practices to facilitate scientific research.
- Database governance: The text of the decision outlines expectations for DSI databases on the multilateral mechanism, such as requesting databases to inform users about possible ABS obligations and to ask data submitters to confirm the DSI has no prohibitions to be shared. Now questions remain on how database managers can efficiently and satisfactory implement these requests.
While challenges remain, these outcomes reflect a step forward in promoting equitable benefit-sharing and safeguarding the principles of open access. For a detailed analysis, refer to the Network’s COP16 outcome statement.
What is next?
Several critical issues remain unresolved. Priorities for COP17 include (a) exploring whether a new database under the CBD to support DSI benefit-sharing is necessary, (b) addressing ways to measure and support non-monetary benefits, and (c) enhancing technical and scientific collaboration under the Kunming-Montreal Global Biodiversity Framework (KMGBF).