It was approved  by the Plenary of the Senate  on 8th April the text-base of the new  biodiversity legal mark. However, three still divergent points will be analyzed separately next week.

The proposal of the new Biodiversity Act is a substitute for the Chamber of Deputies to the project sent by the Executive, whose focus was to modernize the law in force promoting greater flexibility to the rules governing the research and the economic exploitation of Brazilian biodiversity, which opens the way for the country’s cosmetic companies interested in bringing the country’s biodiversity assets for cosmetic lines and commercially exploit them in national and international markets.

“Natura see very much welcome the progress of the project. We believe that going to result in a breakthrough for the regulatory framework of the sector and promote the greater use not only for cosmetics but for various segments. In general is a very important step forward for the sector, which will facilitate access to biodiversity mainly for small, medium enterprises, “says Marcelo Behar, Director of Corporate Affairs of Natura, which for 17 years fights in order to use Brazilian biodiversity in a sustainable way and today uses 18 essential oils from Brazilian biodiversity in its products, especially the ones of the Ekos line.

And in fact that design simplifies the rules for research native plants and animals in order to encourage the production of new drugs, cosmetics and agricultural inputs. It also seeks to expand the possibilities of compensation to traditional communities that will provide the industry its knowledge about  the use of genetic heritage resources.

The base-text approved guarantees the protection of traditional knowledge providers such as indigenous, maroon and family farmers, ensuring traditional communities the right to use the resources of the native flora and fauna, without the obligation of benefit sharing.

The project was also changed to explain that the concept of traditional farmer includes family farmers and to exclude the possibility of foreign company without association with national institution access the genetic heritage or receive sample of this heritage.

Will be analyzed separately three aspects still without understanding: the one which foresees mandatory sharing of benefit only when the component of the genetic heritage or associated traditional knowledge is a major component of the final product value addition; what exempts sharing of benefits when the finish  product  must come from the access to genetic resources held before June 29, 2000; and the request for replacement of the term “indigenous population” used in the project, the term “indigenous peoples”.

Upon completion of the vote in the Senate, the bill returns to the House of Representatives, on behalf of the adopted amendments.