CROATIA: BACKGROUND ON NEGOTIATIONS ON ACCESS TO

UNCLAS ZAGREB 000215

SIPDIS


STATE FOR OES/ETC AVILLEGAS
ROME FOR FAO
VIENNA FOR AG ATTACHE
BUDAPEST FOR ENVIROMENTAL HUB

E.O. 12958: N/A
TAGS: EAGR EAID SENV TBIO HR
SUBJECT: CROATIA: BACKGROUND ON NEGOTIATIONS ON ACCESS TO
GENETIC RESOURCES

REF: 04 STATE 269625

SUMMARY AND COMMENT


1. Croatia has yet to establish clear rules and procedures
governing Access and Benefit Sharing (ABS) of genetic
resources apart from permits required to conduct research on
protected land or endangered species. Authority for
implementing CBD (Convention on Biological Diversity) MAT
(Mutually Agreed Terms) and PIC (Prior Informed Consent)
provisions is divided and changing. While Croatia expects to
be represented at negotiations on ABS in Bangkok, it is
unlikely to take a strong position. Headings below key
responses to questions contained in reftel. END SUMMARY AND
COMMENT.

LEGISLATION AND REGULATION OF RESEARCH AND COLLECTION OF
BIOLOGICAL RESOURCES


2. Croatian law distinguishes between research that does and
does not involve protected land or endangered species.
Currently, researchers do not require special research
permits beyond visas normally required to enter the country
to conduct research on biological and genetic resources,
provided the resources are neither located in a
specially-designated nature protection area nor derived from
endangered plants or animals. In order to conduct research
either in a protected area or involving an endangered
species, the researcher first must obtain written permission
from the Ministry of Culture Department of Nature Protection,
which administers Croatia's fourteen national parks and
two-volume endangered species list. Applications must
include detailed information about the type of research to be
performed and the protected land of species involved. While
researchers are not by law required to be affiliated with a
Croatian research institute to apply for a permit, in
practice most permits are granted to Croatian institutes.
Both Croatian and foreign researchers are subject to the same
permit procedure.


3. The Ministry of Culture Department of Nature Protection
is responsible for issuing research and collection permits
involving land designated as protected or endangered species.
Permits are done solely at the national level. Croatia does
not yet include terms and conditions addressing the concept
of mutually agreed terms in permits. Most applications for
research in protected areas come from the large Rudjer
Boskovic Institute and the university system; the vast
majority of applications are approved.

MOVEMENT OF BIOLOGICAL SPECIMENS


4. Croatia currently has no procedures, terms, or conditions
in place for obtaining a license to export or import
non-CITES biological specimens. The Ministry of Agriculture,
Forestry, and Water Management would be the competent state
body for a licensing procedure should one be established.
Post is aware of one case in 2004 where a German cosmetic
company's request to export a non-CITES biological specimen
was shelved indefinitely because of the lack of procedure for
issuing the license.

LAWS AND PROCEDURES FOR NEGOTATING MUTUALLY AGREED TERMS FOR
ACCESS


5. Negotiating responsibility is divided between four
agencies -- the Ministry of Environmental Protection has lead
authority and will likely represent the GoC at the talks
while the Ministry of Culture's Department for Nature
Protection, the independent State Office for Nature
Protection, and the Ministry of Agriculture have consultative
roles. Agencies do not differentiate among uses for basic
science, commercial development, and agricultural research.

STATUS OF MAT AND PIC IN CROATIA


6. Currently no coordinating processes for the development
of MAT (Mutually Agreed Terms) and PIC (Prior Informed
Consent) regulations exist, though the Ministry of Culture
Department of Nature Protection is aware of this obligation
under Croatia's CBD obligations. The Ministry of Culture is
responsible for revising the latest (1999-2000) GoC National
Strategic Plan for Biodiversity; while the Ministry of
Culture will have lead authority for implementing MAT and PIC
regulations, the Ministries of Maritime Affairs, Agriculture,


and Health will be included in interagency discussions.


7. The GoC is in the process of identifying a new focal
point to replace Jasmina Radovic in the independent State
Office for Nature Protection; however, responsibility for
changing focal points requires a decision of the Minister of
Culture with consent of the full government, insuring a slow
process to identify a responsible GOC official for CBD issues.
FRANK


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