ABS and the Nagoya protocol

Page reviewed:  13/06/2025

Application of due diligence and registration in DECLARE

Researchers who use genetic resources, or traditional knowledge related to genetic resources, must declare due diligence. A declaration must be submitted by the researcher in connection with the following:

After the first instalment of external research funding has been received, or at the latest at the end of the project or when the final report is submitted.
At the final stage of product development in connection with approval, launch of the product on the market, or when the result is sold or transferred to a natural or legal person.
Declarations are submitted via DECLARE (the EU's digital tool for this purpose) to the Swedish Environmental Protection Agency, which is the competent authority in Sweden. SLU has an official DECLARE account. The Legal Affairs Unit offers support when submitting declarations.

Those who need to declare due diligence must contact nagoya@slu.se. SLU’s Legal Affairs Unit can assist with the documentation needed for a declaration. Once the declaration has been submitted in DECLARE, the document must also be registered in Public 360.

The Swedish Environmental Protection Agency is the supervisory authority responsible for ensuring that users of genetic resources and/or associated traditional knowledge in Sweden comply with the ABS Regulation. As part of its supervisory role, the Swedish Environmental Protection Agency may request additional information and documentation, and may also issue orders or prohibitions. If a user fails to fulfil their obligations by not complying with mutually agreed terms or failing to exercise due diligence, the case may be referred to the police or the public prosecutor. Potential penalties include fines or imprisonment for up to two years.

It is also important to note that non-compliance may adversely affect certain aspects of researchers' work, such as the ability to publish in certain journals, to participate in research collaborations or to deposit genetic material in collections.