Environmental

NAGOYA PROTOCOL – Ordinance No. 1,392/2025 published, establishing the Interministerial Working Group.

On May 22, 2025, Interministerial Ordinance No. 1,392/2025 was published, establishing the Nagoya Protocol Interministerial Working Group (IWG). The group’s purpose is to formulate proposals to regulate Articles 13 and 17 of the Nagoya Protocol, which specifically address “Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization.”

The IWG will act as a collegiate advisory body, with its work coordinated by the Ministry of the Environment and Climate Change (MMA) and carried out by the following agencies:

• Ministry of Foreign Affairs (MRE);
• Ministry of Development, Industry, Commerce, and Services (MDIC);
• Ministry of Science, Technology, and Innovation (MCTI);
• Ministry of Agriculture and Livestock (MAPA);
• Ministry of Health (MS);
• Ministry of Agrarian Development and Family Farming (MDA);
• National Institute of Industrial Property (INPI);
• National Health Surveillance Agency (ANVISA);
• Attorney General’s Office (AGU).

Despite the parties directly impacted by the regulation, the GTI’s membership is restricted to government members, with no permanent seats designated for representatives from the private sector, academia, or traditional communities and indigenous peoples.

However, Interministerial Ordinance No. 1,392/2025 provides that GTI members may nominate guests from entities linked to their agencies to participate in the discussions. This is the mechanism designed to bring external expertise into the debate.

Since the scope of the GTI’s work is to formulate proposals to regulate the monitoring of the use of genetic resources and ensure compliance with the rules governing access and benefit-sharing, it will have 180 (one hundred and eighty) days, counting from its first Regular Meeting, to conclude its activities and present the regulatory proposal.

For questions or further information on this topic, please contact our Environmental and Regulatory team.

Evelini Oliveira de Figueiredo Fonseca | evelini.fonseca@nascimentomourao.adv.br
Partner in the Environmental and Regulatory Law practice.

Bruna Sayuri Ornelas Shigaki | bruna.shigaki@nascimentomourao.adv.br
Attorney in the Environmental, Regulatory, and Biodiversity Law practice