Distinctive characteristics – Resolution published on methodologies for determining them in exotic species
In summary
The Genetic Heritage Management Council (CGEN) has approved the structure of the methodological process for determining the acquisition of distinctive characteristics in Brazil by spontaneous populations of plant and animal species introduced into national territory and used in agricultural activities.
More details
On October 1, 2024, the Genetic Heritage Management Council published CGEN Resolution No. 45/2024, which establishes the methodologies for determining whether exotic species have developed distinctive characteristics of their own after being introduced into national territory.
If these species have developed these characteristics, they will become part of Brazilian biodiversity and will be regulated by Federal Law No. 13.123/2015 (Biodiversity Law).
The identification process is structured in four stages:
(i) Preliminary stage – identification of the correct taxonomy of the spontaneous population of plant or animal species introduced into national territory and used in agricultural activities.
(ii) Stage 1 – checking the mandatory requirements, i.e. the species must be proven to be exotic and must have the ability to form spontaneous populations.
(iii) Stage 2 – evaluation of spontaneous populations of plant or animal species for comparative technical analysis of the area of occurrence of the distinctive characteristics acquired.
The necessary technical analyses can be carried out by public or private scientific and technological research institutions that have proven to be qualified by the Ministry of Agriculture and Livestock – MAPA.
The obligations set out in the Resolution start from the date of entry into force of the act that includes the characteristics in the list referred to in article 113 of Federal Decree No. 8,772/2016.
