Identifier
Created
Classification
Origin
05PRAGUE123
2005-01-27 12:37:00
UNCLASSIFIED
Embassy Prague
Cable title:  

INFORMATION ON RULES AND PROCEDURES GOVERNING

Tags:  SENV EAGR TBIO EZ 
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UNCLAS PRAGUE 000123 

SIPDIS

FOR EUR/NCE AND OES/ETC

E.O. 12958: N/A
TAGS: SENV EAGR TBIO EZ
SUBJECT: INFORMATION ON RULES AND PROCEDURES GOVERNING
ACCESS AND BENEFIT SHARING IN THE CZECH REPUBLIC

REF: STATE 269625

UNCLAS PRAGUE 000123

SIPDIS

FOR EUR/NCE AND OES/ETC

E.O. 12958: N/A
TAGS: SENV EAGR TBIO EZ
SUBJECT: INFORMATION ON RULES AND PROCEDURES GOVERNING
ACCESS AND BENEFIT SHARING IN THE CZECH REPUBLIC

REF: STATE 269625


1. Summary: Researchers collecting specimens in the Czech
Republic should be especially careful about activities in
nature reserves and collection of protected endangered
species. Legislative authority and agencies responsible for
administration of permits are outlined para 2. End Summary.


2. Answers to questions posed para 18 of reftel:


A. Legislation and regulation of research and collection of
biological resources

As an EU member country since May 1, 2004, the Czech
Republic has had to implement all EU regulations and laws,
including those protecting endangered species, if any.

Researchers collecting genetic resources must respect the
Law on Nature and Countryside Protection no. 114/1992 and
its Regulation no. 395/1992, which sets up and regulates
protected natural areas. This law is administered by the
Agency for Natural Conservation and Landscape Protection of
the Czech Republic (www.nature.cz) and information about
conducting of research or gathering of specimens inside
protected areas is available from that office.
Depending on the subject of the research, either the State
Veterinary Administration (www.svscr.cz) or the State
Phytosanitary Administration (www.srs.cz) may also issue
permits for collection of specimens.

Collection of specimens of CITES-protected species is
subject to Law 16/1997 and Ministry of Environment decree
82/1997. The contact point for permits in the Ministry of
Environment is RNDr. Jan Kucera, telephone: (420) 267 122

480.

The Czech National Program on Plant Genetic Resources
Conservation and Utilization was adopted by the Ministry of
Agriculture in 1993 with the assistance of 11 research
institutes and universities, and focuses on agricultural
resources. The Convention on Biodiversity (CBD) has been
implemented in the Czech legal system in Act No. 134/1999,
passed in 1999. Act No. 148/2003 on Conservation and
Utilization of Genetic Resources of Plants and Micro-
organisms Important for Food and Agriculture (and
implementing regulations 458/2003) reflect CBD principles
and related commitments of the Czech Republic and strengthen
protections for biodiversity. Based on CBD and the related
Czech legislation, an updated National Program on
Conservation and Utilization of Genetic Resources of Plants
and Micro-organisms Important for Agriculture was adopted in
January 2004, with access to plant genetic resources and
benefits sharing (ABS) its important feature. A gene bank
has been operating at the Research Institute of Crop
Production in Prague since 1988, holding up to 100,000
accessions. The Czech Republic has ratified the
International Treaty on Plant Genetic Resources (IT/PGRFA)
and implemented its principles.

Entry visas for the purpose of performing scientific
research, where required, are issued by Czech embassies
abroad based on an agreement/contract between the researcher
and a sponsoring research institution in the Czech Republic.


B. Movement of biological specimens

The State Veterinary Administration and the State
Phytosanitary Administration are also the authorities
issuing import and export permits, including those for non-
CITES biological specimens. As for CITES specimens, the
Ministry of the Environment is in charge. The same rules
apply whether the research is for scientific, commercial or
agricultural purposes.

C, D. Relevant Laws for Negotiating Terms of Access and
Use/Status of Mutually Agreed Terms (MAT) and Prior Informed
Consent (PIC)

Currently, there is no special regulation regarding MAT and
PIC in the Czech Republic. Research permits are a matter of
bilateral agreement between research institutions under the
umbrella of bilateral government agreements on cultural,
scientific cooperation. The coordinator of the National
Program on Conservation and Utilization of Genetic Resources
of Plants and Microorganisms Important for Agriculture is
the Research Institute of Crop Production (www.vurv.cz),and
the contact for animal research is the Research Institute of
Animal Production (www.vuzv.cz).

CABANISS