The European Commission made a proposal to tackle 'biopiracy' and facilitate nature-based research. In particular, the proposal intends to protect the rights of countries and of indigenous and local communities that allow their genetic resources and associated traditional knowledge to be used, while also giving researchers in Europe improved, reliable access to quality samples of genetic resources at low cost with high legal certainty.

The proposed Regulation presented by the European Commission would implement the 'Nagoya Protocol on Access to Genetic Resources and Benefit-sharing' and would oblige users to check that genetic resources and associated traditional knowledge have been accessed in accordance with the applicable legal requirements in the country of origin, and that the benefits are fairly and equitably shared. Users would also be obliged to declare that they have exercised the "due diligence" required by the Regulation (or will do so in future). In September 2012, a report highlighted that the continuing loss of biodiversity is a matter of growing concern in Europe.

With this proposal, the Commission aims to protect the rights of countries and of indigenous and local communities that allow their genetic resources and associated traditional knowledge to be used, while also giving researchers in Europe improved, reliable access to quality samples of genetic resources at low cost with high legal certainty.

The absence of clear rules has led some countries to claim that their sovereign rights have been flouted by foreign researchers, a situation known as "biopiracy". That lack of trust has occasionally led to restrictive conditions that hinder access to genetic resources. The proposal is designed to address those fears, while maximizing opportunities for research, development and innovation in nature-based products and services. A level playing field for all EU users of genetic resources should bring particular benefits for SMEs and for publicly funded non-commercial research and enhance opportunities for international collaboration.