Endorsement of the Biodiversity Rules and Regulations by the Competent National Authority

February 13, 2023: The first meeting of the Competent National Authority convened on 13th February 2023 endorsed the draft Rules and Regulations of the Biodiversity Act of Bhutan 2022. In accordance to section 13 of the Biodiversity Act of Bhutan 2022, a Competent National Authority was established and entrusted them to endorse the Rules and Regulations of the Act.
The Competent National Authority meeting was chaired by the Minister, Ministry of Agriculture and Livestock (MoAL) as Chairperson and was attended by the:

1. Secretary, MoAL as Vice Chairperson
2. Director General, Department of Environment and Climate Change, Ministry of Energy and Natural Recourses (MoENR) as a member
3. Director, Department of Livestock, MoAL as a member
4. Director, Department of Agriculture, MoAL as a member
5. Representative, Department of Forests and Park Services, MoENR as a member
6. Program Director, National Biodiversity Centre (NBC) as Member Secretary.

The Biodiversity Act of Bhutan 2022 was adopted by the 7th Session of the 3rd Parliament of Bhutan and subsequently received Royal Assent on 15th July 2022. The MoAL led by the NBC and the Legal Division formulated the draft Rules and Regulations. The draft Rules and Regulations underwent Ministry level consultation from 12-13th January 2023 and consultation with external stakeholders from 19-23rd January 2023. Further, to seek concurrence on the enforcement roles of various agencies identified under the Draft Rules and Regulations, bilateral meetings were held with the Department of Air Transport, Bhutan Food, and Drug Authority, Department of Revenue and Customs and Integrated Check post (ICP), Royal Bhutan Police. The draft Rules was also presented to the Hon’ble Members of the Ministry’s GNHC Meeting on 31st January 2023.

The Biodiversity Act of Bhutan 2022 has 12 Chapters and 165 Sections and covers conservation and sustainable utilization of biological diversity, sui generis system for plant variety protection, access to genetic resources, access to traditional knowledge associated with biological resources, fair and equitable sharing of benefits, Bhutan Access and Benefit Sharing (BABS) Fund. The Act ensures that our biodiversity is effectively conserved, and sustainably used and promotes fair and equitable sharing of benefits arising from their utilization through wise use of our resources as a development asset to contribute to the sustainable and socio-economic development of the country. It also serves to prevent misappropriation and biopiracy. Further, the Act also provides the protection of plant varieties and the rights of breeders to encourage the development of new varieties and at the same time protect the rights of Bhutanese farmers to permit them to save, use, exchange, share, and sell farm-saved seed or propagating material on a non-commercial basis. Overall, it is a comprehensive Act covering a wide range of issues and complements other environment-related legislations enforce in the country.

Apart from the endorsement of the draft Rules and Regulations, as mandated by the Act, the Competent National Authority discussed on the way forward on the formulation of the next National Biodiversity Strategies and Action Plan (NBSAP) as per the Kunming- Montreal Global Biodiversity Framework 2022. The meeting agreed that the NBC will lead the formulation of the NBSAP and a technical working group comprising of members from the sectors related to biodiversity will be formed and co-chaired by the member from the National Environment Commission Secretariat and the NBC. The meeting further agreed that the Competent National Authority will endorse the NBSAP and seek the formal concurrence of the National Environment Commission as the highest decision-making body related to the environment.

-NBC

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