Italy is being referred to the Court of Justice for incorrect application of EU Regulation (EU 511/2014), which transposes into EU law the provisions of the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization (ABS Protocol), the Commission announced on Wednesday 12 February.
The European Commission criticises this Member State for not having provided notice of any legislation laying down the sanctions applicable for violations of the European rules in force since 2014. However, the deadline for this notification was 11 June 2015 at the latest.
Yet, the institution points out that dysfunctions in the implementation of the regulation in Italy damages the ability of companies established in that Member State to tap the benefits of such access for research, production and trade.
Following a letter of formal notice sent by the Commission in January 2018 and a reasoned opinion in January 2019, Italy did notify the Commission in July of the national competent authorities for application of the Regulation. However, the Commission expects that this Member State comply fully with the EU Regulation so that offenders can be sanctioned. (Original version in French by Aminata Niang)