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Yes
Yes
In order to ensure efficient implementation of the EU ABS Regulation, EU Member States are required to take subsequent measures on national level. In this respect, the Ministry of the Environment of the Czech Republic prepared a proposal of a self-standing legal act transposing the Regulation. The draft Act was approved by the Government on 8 June 2016 and submitted to the Parliament. The first reading of the draft legislation by the Chamber of Deputies took place on 5 April 2017. Subsequently, the Committee on Environment recommended the proposal for adoption. However, there were no further developments in the Parliament by the end of the reporting period and national legislation has not yet been adopted. ABS measures taken on EU level are therefore not yet fully implemented in the Czech Republic.
Regulation (EU) 511/2014 on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising from their Utilisation in the Union;
Commission Implementing Regulation (EU) 2015/1866 laying down detailed rules for the implementation of Regulation (EU) 511/2014 as regards register of collections, monitoring user compliance and best practices;
Commission Notice – Guidance document on the scope of application and core obligations of Regulation (EU) 511/2014 (2016/C 313/1).
Not applicable, since no access requirements are in place
No selection made
No
The main challenge in defining the checkpoints in the EU was striking a balance between having effective checkpoints covering the full range of relevant ABS activities, while avoiding creating unnecessary administrative burden.
Next, specifically in the case of the Czech Republic, lengthy legislative procedures at the level of Parliament caused significant delay in transposing the above mentioned Regulation and thus the checkpoints have not yet been designated.
Pursuant to Article 7(1) and (2) of Regulation 511/2014 designated competent authorities receive information as provided in Article 17(1) of the Protocol from users within their jurisdiction.
More specifically, there are two checkpoints to be designated in the Czech Republic, as established at EU level:
1st checkpoint: competent authorities designated under Regulation 511/2014 shall receive due diligence declarations from researchers; all recipients of research funding, where such research involves utilisation of genetic resources and traditional knowledge associated with genetic resources, are requested either by the European Commission or by the Member State as providers of funding, to declare that they exercised due diligence; the template for this declaration is contained in the Commission Implementing Regulation in Annex II;
2nd checkpoint: competent authorities designated under Regulation 511/2014 shall gather due diligence declarations at the final stage of a product development from all users; the template for this declaration is contained in the Commission Implementing Regulation in Annex III; specific events triggering submission of the declaration are defined in Article 6 of the Commission Implementing Regulation.
For both checkpoints, the authorities referred above shall transfer the information to ABS Clearing House, provided it is not confidential; alternatively, in case crucial information for publishing of checkpoint communiqué (CPC) is indicated as confidential and CPC cannot be published, the authorities shall contact the competent national authorities of the country providing genetic resources.
The Ministry of the Environment of the Czech Republic prepared a proposal of a self-standing legal act transposing Regulation (EU) No. 511/2014, including the designation of competent authorities. However, by the end of the reporting period, the legislation has not yet been adopted.
No additional information provided
No
Czech Republic does not regulate access to its genetic resources in relation to the Nagoya Protocol and is not planning to do so in any near future. Thus, access to genetic resources is not subject to PIC.
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
No selection made
No additional information provided
Yes
Article 4(1) of the EU ABS Regulation provides that “users shall exercise due diligence to ascertain that genetic resources and traditional knowledge associated with genetic resources which they utilise have been accessed in accordance with applicable access and benefit-sharing legislation or regulatory requirements and that benefits are fairly and equitably shared upon mutually agreed terms, in accordance with any applicable legislation or regulatory requirements.”
Article 4(1) of the EU ABS Regulation provides that “users shall exercise due diligence to ascertain that genetic resources and traditional knowledge associated with genetic resources which they utilise have been accessed in accordance with applicable access and benefit-sharing legislation or regulatory requirements and that benefits are fairly and equitably shared upon mutually agreed terms, in accordance with any applicable legislation or regulatory requirements.”
Article 4(1) of the EU ABS Regulation provides that “users shall exercise due diligence to ascertain that genetic resources and traditional knowledge associated with genetic resources which they utilise have been accessed in accordance with applicable access and benefit-sharing legislation or regulatory requirements and that benefits are fairly and equitably shared upon mutually agreed terms, in accordance with any applicable legislation or regulatory requirements.”
Regulation (EU) 511/2014 on compliance measures for the users from the Nagoya Protocol on Access to Genetic Resources and Fair and Equitable Sharing of Benefits Arising from their Utilisation in the Union; entered into force on 12 October 2014;
Commission Implementing Regulation (EU) 2015/1866 laying down detailed rules for the implementation of Regulation (EU) 511/2014 as regards register of collections, monitoring user compliance and best practices; entered into force on 9 November 2015;
The Ministry of the Environment of the Czech Republic prepared a proposal of a self-standing legal act transposing Regulation (EU) No. 511/2014, including setting up of a penalty system. However, by the end of the reporting period, the legislation has not yet been adopted.
Both the EU ABS Regulation (511/2014) and Commission Implementing Regulation (2015/1866) are applicable to genetic resources and to traditional knowledge associated with the genetic resources; these Regulations provide for the legal framework to deal with issues of non-compliance.
In line with Article 7(1) and (2) of Regulation 511/2014, users need to provide information as required by Article 17(1) of the Protocol to competent authorities designated in the Czech Republic. Annexes II and III to the Commission Implementing Regulation provide for the list of information requested from researchers and end-users respectively; this includes also information related to PIC, the source of genetic resource, to the establishment of MAT and to utilisation of genetic resources.
Yes
In addition to the above, competent authorities in the Czech Republic (to be designated) are obliged, based on Article 9 of Regulation 511/2014, to perform checks on user compliance in accordance with a periodically revised risk-based plan.
Article 13 of Regulation 511/2014 obliges the Commission and Member States, as appropriate, to promote the development and use of cost-effective communication tools and systems in support of monitoring and tracking the utilisation of genetic resources and traditional knowledge associated by genetic resources by collections and users.
No additional information provided
Not applicable, since no access requirements are in place
No selection made
Yes
Yes
Yes
No additional information provided
Yes
While considering possible ABS measures, Czech Republic decided not to regulate access to its genetic resources specifically with the intent to facilitate research contributing to the conservation and sustainable use of biodiversity – by not creating additional administrative burden for researchers, in non-commercial research in particular.
Yes
Article 4(8) of Regulation 511/2014 provides for a short temporal derogation from the duties of its Article 4(3) and 4(5) for users acquiring a genetic resource that is determined to be, or is determined as likely to be, the causing pathogen of a present or imminent public health emergency of international concern.
Recital 12 of Regulation 511/2014 recalls Article 8(c) of the Protocol and explains that the ITPGRFA is a specialised instrument within the meaning of Article 4(4) of the Protocol. The Regulation also recognises that where Parties to the Protocol have decided to use the standard material transfer agreement for plant genetic resources for food and agriculture which are not covered by ITPGRFA, but which are under their control and management and in public domain, submission of due diligence declarations is not required.
In line with Article 13 of Regulation 511/2014, the Commission and the Member States shall encourage users and providers to direct benefits from the utilisation of genetic resources towards the conservation of biological diversity and the sustainable use of its components in accordance with the provisions of the Convention.
In the Czech Republic, users and providers are encouraged through awareness-raising activities.
No answer provided
No additional information provided.
No
Not applicable, since there are no indigenous and local communities in my country
No selection made
No additional information provided
Yes
In line with Article 13 of Regulation 511/2014, the Commission and the Member States shall encourage development of codes of conduct, model contractual clauses, guidelines and best practices, particularly when they would benefit academics, university and non-commercial researchers and small and medium-sized enterprises.
In line with Article 13 of Regulation 511/2014 the Commission and the Member States shall encourage development of sectoral codes of conduct, model contractual clauses, guidelines and best practices, particularly when they would benefit academics, university and non-commercial researchers and small and medium-sized enterprises.
In the Czech Republic, users are encouraged through awareness-raising activities.
Awareness-raising activities include, inter alia, meetings and consultations with relevant stakeholders, participating at conferences and workshops, providing information through national clearing-house, direct contact with NFP or information leaflets.
Czech Republic is involved in international cooperation in research and development related to the objective of the Protocol mainly through universities and other research institutions.