MAJOR NEWS: Brazilian law on access to genetic resources changed.
Paulo A. Buckup
buckup at ACD.UFRJ.BR
Sun Apr 29 15:16:59 CDT 2001
The law that restricted access, transportation and use of Brazilian genetic
resources has been changed on April 27, 2001. The law was originally issued
in June 2000 as Medida Provisoria 2052 and is currently known as MP2126.
Here is a synthesis of major changes introduced in the law (currently named
Medida Provisoria 2126-11):
The main difference between MP2126-10 and MP2126-11 is in Chapter IV.
Articles 11 and 12 have been replaced by new articles 10, 11, 12 and 13.
The Interministerial Committee from the old version has been replaced by a
new "Conselho de Gestao do Patrimonio Genetico" within the Ministry of
Environment, created in article 10.
The duties of the newly created Cuncill are listed in the new article 11.
New Article 12 contains the changes most relevant to biodiversity
scientists. As I understand it, SCIENTIFIC GENETIC RESEARCH WITHOUT
COMMERCIAL APPLICATION IS NOW ALLOWED LARGELY UNDER THE SAME REGULATIONS AS
BEFORE the new law was issued.
New article 13 states who may sign Contracts (for use of genetic resources)
New article 14 specifies duties of institutions that may as representives of
the Council (this is also a novelty - accoding 11 the central Council may
delegate its powers to other institutions).
Article 15 authorizes the creation (BUT DOES NOT CRIATE) and specifies the
duties of an executive agency within the Ministry of the Environment.
Old Article 10 (continuation of preexisting projects) has been supressed.
New article 35 specifies the law maust be implemented before December 31,
It may be premature to start commemorating, but it seems that life for
academic scientists has returned to something close to what it used to be
before June 30, 2000. Perhaps the most positive message is the fact that
last Friday I received official word that permits for one of my
international collaborative projects were finally going to be issued after
almost a year of gridlock caused by the old version of the law.
For those interested in comparing the new version of the law with the old
one, here are the pages:
The expired version: http://www.planalto.gov.br/ccivil_03/MPV/2126-10.htm
The new version: http://www.planalto.gov.br/ccivil_03/MPV/2126-11.htm
I would not hold my breath yet, but I think we can start probing the new
regulations. I urge those colleagues interested in resuming genetic studies
to come out of the closet and start testing the law by resuming submission
of permit requests.
Paulo A. Buckup, Ph.D.
Dept. de Vertebrados Tel.: 55(21) 9994-0223
Museu Nacional/UFRJ 55(21) 567-8676 ramal 249
Quinta da Boa Vista FAX: 55(21) 568-1352 ramal 232
20940-040 Rio de Janeiro, RJ mailto: buckup at acd.ufrj.br
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