US embassy cable - 05ZAGREB215

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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