Dear European Parliament,
Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:
First some background knowledge to ease the process of finding an answer.
The EU has 3 main types of competences:
1. Exclusive competences (Article 3 of the TFEU)
2. Shared competences (Article 4 of the TFEU) (Environment area)
3. Supporting competences (Article 6 of the TFEU)
The EU signed and ratified the Nagoya Protocol (Environment area) (or general cases can be also used as reference). Many EU members such as Cyprus, Ireland, Italy, and Lithuania did not sign this protocol.
This protocol has 3 core obligations for its contracting Parties:
1. Access obligations
2. Benefit-sharing obligations (to provide for the fair and equitable sharing of benefits arising from the utilization of genetic resources with the contracting party providing genetic resources. Benefits may be monetary or non-monetary such as royalties and the sharing of research results.)
3. Compliance obligations
My question is:
If a member that did not sign this protocol, let it be Cyprus, Ireland, Italy, or Lithuania, refuses to abide by these obligations;
1. What are the consequences for a member that refuses entirely to abide by a protocol (or treaty) that is was not signed by its government but it was signed the EU?
2. How do the Shared competences work in practice if a member's national government has no interest or intention to follow the obligations of a protocol (or treaty) that is was not signed by its government but it was signed the EU?
3. Can any of these non-signatory members be coerced or punished for not fulfilling the obligations of a protocol (or treaty) that is was not signed by its government but it was signed the EU? And how? Is there any article about non-compliant members? Or simply has the EU no leverage over its members and the Shared competences are just ignored by national level governments?
Dear Mr Wang
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Directorate-General for the
Interinstitutional Affairs and
[European Parliament request email]
Dear Mr Wang,
The Citizens' Enquiries Unit of the European Parliament (EP) has received
your message regarding the Nagoya Protocol.
Please note that the European Parliament is a political and legislative
institution of the European Union (EU), which acts in strict accordance
with its powers established by the EU treaties.
It is therefore not entitled to intervene in resolving personal situations
that fall within the remit of the national authorities of Member States or
non-Member States and cannot take a stance on issues beyond its
Furthermore, as stated in the treaties, since the public authorities and
Member States' courts have the main responsibility for the application of
Union law, it is in your interest to make use of all possible means of
redress at national level (administrative and/or out-of-court mediation
The European Parliament legislative resolution of 11 March 2014 on the
draft Council decision on the conclusion, on behalf of the European Union,
of the Nagoya Protocol on Access to Genetic Resources and the Fair and
Equitable Sharing of Benefits Arising from their Utilization to the
Convention on Biological Diversity grants the European Parliament consent.
At EU level, the European Commission is responsible for ensuring the
proper application of Union law. The Commission webpage ‘Enquiries and
complaints on the application of Union law’ provides information on the
possibilities for EU legal protection and dispute resolution at EU level
and can be consulted at the following address:
More information on what the European Commission is doing on the Nagoya
Protocol is available on the DG Environment website. You may wish to
contact DG Environment for more information.
We thank you for contacting the European Parliament.
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