The Nagoya Protocol, an international agreement which came into effect on October 12, is expected to help the Kerala State Biodiversity Board (KSBB)implement an Access and Benefit Sharing (ABS) mechanism under which industrial units in the State will be required to pay for access to biological resources.
Officials said the legal framework provided by the protocol would come in handy for the KSBB as it prepares to impose the levy on 2,694 industrial units in Kerala, including Ayurvedic drug companies, tea and coffee manufacturers, agro-based units, food processing centres, leather, cashew, textiles, paper, rubber, coir, spices, wood and bamboo-based industries and exporters of these products.
How levy will be usedThe companies will be required to pay a certain percentage of the annual ex-factory gross sales for commercial exploitation of biological resources and associated traditional knowledge. The levy will be deposited in the State Biodiversity Fund and utilised for conservation activities.
The Nagoya Protocol provides a framework for countries to regulate access to and monitor the use of genetic resources that can be used for pharmaceutical, agricultural, and cosmetic purposes.
“As a signatory, India has an international obligation to formulate and implement an ABS mechanism,” says Oommen V. Oommen, chairman, KSBB. “We hope to convince the companies of this commitment.” Earlier, there were apprehensions that the ABS mechanism would be bogged down by litigation as in other States where industries had moved courts.
The Ayurvedic Medicine Manufacturers Organisation of India has proposed a meeting with the KSBB to discuss the ABS scheme. Prof. Oommen said the offer was heartening since it provided an opportunity to implement the mechanism through a consensus approach.
Of the 2,694 industrial units identified by the KSBB for the levy, 892 are Ayurvedic manufacturing units. “With a large chunk of the targeted units on board, it will be easy to convince the rest,” says KSBB member secretary K.P. Laladhas. The KSBB is gearing up to send letters to all the units liable to pay the levy, directing them to register with the board.
