US embassy cable - 05PRAGUE123

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