S.L. 549.111 Art. 5Access to genetic resources under Malta’s sovereignty.

(1) The access to genetic resources for which Malta has sovereign rights to other countries shall require prior informed consent from the competent authority or the assistant authorities, in accordance with regulation 4(3).

(2) Access, where granted, shall be on mutually agreed terms between the concerned user of genetic resources and Malta. The drafting and the negotiation process of such mutually agreed terms shall be undertaken by the competent authority. The competent authority shall consult the relevant assistant authorities at any time during the negotiation process.

(3) Such access to genetic resources should guarantee that the benefits arising from the utilisation of genetic resources, as well as any subsequent application and commercialisation shall be shared in a fair and equitable way with Malta. [

(4) Upon the establishment of mutually agreed terms, the competent authority shall issue the user of the genetic resources a certificate of compliance as evidence of the decision to grant prior informed consent and the establishment of mutually agreed terms.

(5) In accordance with Article 17 of the Nagoya Protocol, a certificate of compliance issued in terms of sub-regulation (4) shall constitute an internationally recognised certificate of compliance.