Identifier
Created
Classification
Origin
05TELAVIV426
2005-01-25 14:03:00
UNCLASSIFIED
Embassy Tel Aviv
Cable title:  

ISRAELI ACTIONS ON GENETIC RESOURCES AND BENEFIT

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UNCLAS SECTION 01 OF 04 TEL AVIV 000426 

SIPDIS

DEPT FOR NEA/IPA, OES/ETC FOR ANA VILLEGAS
EPA FOR INTERNATIONAL

E.O. 12958: N/A
TAGS: EAGR EAID SENV TBIO IS ENVIRONMENT SCIENCE AND TECHNOLOGY
SUBJECT: ISRAELI ACTIONS ON GENETIC RESOURCES AND BENEFIT
SHARING

REF: SECSTATE 269625

UNCLAS SECTION 01 OF 04 TEL AVIV 000426

SIPDIS

DEPT FOR NEA/IPA, OES/ETC FOR ANA VILLEGAS
EPA FOR INTERNATIONAL

E.O. 12958: N/A
TAGS: EAGR EAID SENV TBIO IS ENVIRONMENT SCIENCE AND TECHNOLOGY
SUBJECT: ISRAELI ACTIONS ON GENETIC RESOURCES AND BENEFIT
SHARING

REF: SECSTATE 269625


1. Summary: Israel has a legal and institutional framework
to protect biodiversity. Although Israel does not have a
specific law that prohibits the introduction of alien
species, it does restrict the import of plant species
included in the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES),which
requires approval by the Israel Nature and National Parks
Protection Authority. The Introduction Commission within
the Ministry of Agriculture coordinates agricultural and
horticultural introductions all over the country. Israel
is also active in the International Plant Genetic Research
Institute (IPGRI) network. The GOI has assessed that there
is a need for effective regulations at the national level
with respect to genetic technologies to ensure the safety of
human health, the environment, food security, and the
conservation and sustainable use of biological diversity.
Israel has not given high priority to the implementation of
the Biodiversity Convention largely due to financial
constraints, as well as political, social, and regional
circumstances. End summary

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Legal Framework
--------------

2. Four Israeli laws deal with the limitations for access
to or actions involving biological resources. They are:

-- The National Parks, Nature Reserves, Memorial Sites, and
National Sites Law of 1998 (henceforth Nature Reserves Law):

This law, first enacted in 1963 and revised in 1992 and
1998, provides the legal structure for the protection of
natural habitats, natural assets, wildlife and sites of
scientific, historic, architectural, and educational
interest in Israel. It establishes systems for declaring
nature reserves, marine protected areas and national parks,
and for listing protected natural assets which include many
families and species of flora and fauna. This legal
protection extends to many taxa, whether originating within
or outside of Israel. This law establishes a new and united
Nature and National Parks Protection Authority, which
replaced the previous Nature Reserves Authority and National
Parks Authority that had been separate entities. A National

Parks, Nature Reserves, and National Sites Council, composed
of all relevant stakeholders and appointed by the Minister
of Environment, advises the relevant ministries on
implementation of the law.

-- The Wildlife Protection Law of 1955:

This law, which was amended in 1990, authorizes the Ministry
of Environment to restrict the hunting of wildlife, to issue
hunting permits, and to appoint inspectors to enforce the
law. The law defines protected wildlife as any animal that
has not been designated as "pest" or "game." In effect, it
declares all vertebrates (with the exception of fish) as
protected wildlife species with the exception of three avian
and eight mammalian species -- which are legally considered
pests and may be exterminated. Regulations enacted in 1994
incorporate the provisions of the Washington Convention
(CITES) into the Wildlife Protection Law.

-- The Fisheries Ordinance of 1937:

This ordinance is enforced by the Fisheries Board, which
falls under the jurisdiction of the Minister of Agriculture.
The ordinance requires a license to fish. It sets
conditions and restrictions on a wide range of subjects
including prohibitions on the use of explosives or poisons
to catch or kill fish, prohibitions on fishing methods,
which may damage or threaten the survival of fish species,
prohibitions or limitations on fishing in certain areas or
during certain seasons, size limits for species of fish that
may be caught, and the size and caliber of mesh of fishing
nets. Other regulations prohibit fishing of marine turtles
and restrict fishing of sponges.

-- Plant Protection Law of 1956:

This law authorizes the Minister of Agriculture, following
consultation with an advisory interdisciplinary committee,
to regulate the movement of "pests" and to regulate the
import, sale, distribution, and packaging of pesticides,
fertilizers, and other related materials.

-------------- --------------
--------------
Mutually Agreed Terms (MAT) and Prior Informed Consent (PIC)
in Israel
-------------- --------------
--------------

3. The following information describes how mutually agreed
terms (MAT) and prior informed consent (PIC) requirements
are legislated and implemented in Israel (Reftel paragraph
18, questions A-D).

-------------- --------------
Research and Collection of Biological Resources
-------------- --------------

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

Questions: What are the relevant laws and procedures that
researchers must fulfill in order to conduct research on
biological or genetic resources, including research permits
and visas? What are the procedures for obtaining a permit
to collect biological specimens?

Which government agencies are responsible for issuing
research and/or collection permits? Is this done at the
national, state, or local level? At multiple levels? Are
terms and conditions addressing the concept of mutually
agreed terms included in the research permit?

Answer: A researcher wishing to conduct research within
Israel, or collect any species defined as protected by the
National Parks, Nature Reserves, Memorial Sites and National
Sites Law of 1998, and the Wildlife Protection Law, 1955,
must submit a written request to the Israel Nature Park
Authority (INPA) Permit Division in Jerusalem. There is no
application form. Requests regarding fish species covered
by the Fishing Ordinance and other species covered by the
Plant Protection Law must be submitted to the Department of
Agriculture.

Requests to the INPA must include a summary of the research
objectives and details for the requested quantity and
location of the biological resources needed. The request is
evaluated by biologists at INPA headquarters and at the
local level, and if granted, the researcher receives the
actual permit directly from the Permit Division. Sometimes,
the researcher is contacted to clarify or amend the request
at this stage.

The permit is officially a permit to "cause harm to a
protected species." The term `causing harm' is defined
specifically in the laws mentioned above, to include a wide
variety of acts, such as capture, killing, disturbing, etc.
The actual permit lists the name and identification number
of the permit holder, the common and scientific name of the
species or higher taxa covered, the number of specimens, the
permitted acts of "harm," the permitted location, and the
relevant dates, as well as any other limitations that may be
necessary. There is no charge for research or collection
permits.

--------------
Movement of Biological specimens
--------------

B. Movement of biological specimens

Questions: What are the procedures, terms, and conditions
for obtaining a permit to EXPORT no-CITES biological
specimens (if any)? Who issues these permits?

What are the procedures, terms, and conditions for obtaining
a permit to IMPORT non-CITES biological specimens (if any)?
Who issues these permits?

Are there additional phyto-or zoo-sanitary requirements and
permits needed for movement of specimens?

Answer: Exports and imports of biological samples, whether
CITES listed or not, are permitted by a similar procedure as
described in Para A above. All request for exports of
species under INPA's protection authority are handled by the
INPA Permits Division in Jerusalem. The INPA's trade policy
also requires previous issuance of an import permit for all
wildlife and natural assets, whether they are CITES-listed
or not. Israel's stricter domestic measures regarding trade
in wildlife were communicated by the CITES Secretariat to
all Parties to the Convention in Notification No. 2004/025
issued on 30 April, 2004.

For exports and imports of biological specimens of species
under the sole authority of the Ministry of Agriculture's
laws, and permits are issued by the Ministry after
fulfillment of their zoo-and phyto-sanitary requirements.

-------------- --------------
--
Procedures for Negotiating Mutually Agreed Terms
-------------- --------------
--

C. What are the relevant laws and procedures for
negotiating mutually agreed terms for access to and/or use
of genetic resources? Which government agencies are
responsible?

Questions: Do these agencies differentiate among uses for
basic science, commercial development, and agricultural
research?

Answer: To date, Israel has not given high priority to the
implementation of the Biodiversity Convention, largely due
to political, social, and regional circumstances. In
addition, large-scale immigration to the country in the
1990's coupled by accelerated development has led to habitat
fragmentation and ecosystem degradation. These circumstances
have led to financial constraints and to the allocation of
inadequate financial resources for the conservation and
sustainable use of biodiversity.

Israel intends to sign the Cartagena Protocol on Biosafety
having already drafted the necessary national legislation to
enable compliance. The rights and benefits of Contracting
Parties who contribute genetic resources are generally
expressed within the contractual agreements signed by the
various parties.

--------------
Status of MAT and PIC in Israel
--------------

D. Status of MAT and PIC in host country

Questions: Are there coordinating processes (interagency
groups, civil society forums, etc) for the development of
MAT and PIC regulations, issues and processes?

Has the host country identified national authorities
responsible for:

Negotiating specific contracts for providing access to
genetic resources for either research or commercialization
of genetic resources?

Receiving financial benefits from ABS contracts (such as
national, regional, or conservation trust funds?

Answer: The Israeli Gene Bank (IGB) was established in 1979
by the Ministry of Science and the Ministry of Agriculture,
as a coordinating body for Israel's plant genetic resource
efforts. The IGB under the Ministry of Science and the
Ministry of Agriculture is responsible for the
implementation of a strategy for national genetic resources,
conservation, taking into consideration the specific
conditions and characteristics of Israel.

Israel's Ministry of Agriculture actively pursues
cooperative research and technical projects with other
Contracting Parties, including the exchange of information
and experts, with emphasis on the participation of
developing countries.

In addition, the Ministry of Agriculture supports the
preservation (in situ and ex situ) of wild relatives of
cultivated plants and establishment of gene banks for crops
of importance. In these areas of involvement, the Ministry
is quite active in pursuing and implementing joint research
projects with Contracting Parties, technology transfer, and
exchange of information and experts, with emphasis on the
participation of developing countries within the framework
of the Coastal Area Management Programme (CAMP) for Israel,
which was signed between Israel and the Mediterranean Action
Plan (UNEP). The Ministry has formulated a sustainable
development strategy for agriculture.

Relevant technology is transferred to Israel on concessional
or preferential terms within the framework of international
cooperative research funds such as the US-Israel Bi-National
Agricultural Research and Development Fund (BARD) and those
of the European Union.

--------------
Availability of Information
--------------
Questions: Did the CBD focal point have this information
readily available?

Does the host government have general information that it
gives to foreign researchers seeking to obtain
research/collecting/import/export permits? If so please
forward copies of website addresses if possible.

Answer: Yes, the CBD focal point, Dr. Eliezer Frankenberg ,
Director of the Division of Science and Conservation at the
Israel Nature and National Parks Protection Authority
provided the requested information in a timely manner
through one of his associates.

Foreign researches can obtain general information through
the Nature and National Parks website at
http//:www.parks.org. However, foreign researchers are
advised to write a letter to the Nature and National Parks
Protection Authority for specific information about
obtaining research/collecting/import/export permits.

KURTZER