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Interim National Reports on the Implementation of the Nagoya Protocol
(NR)
last updated: 04 Nov 2019
No country selected.
Croatia Interim national report on the implementation of the Nagoya Protocol
CHM-NFP-HR-210332-4
ABS National Focal Point
Ms. Dubravka Stepic
This document has been updated. This is not the latest published version.
Click here to view the latest version of the record.
To view the current National Focal Point information, click
here.
Yes
Yes
So far, legislative, administrative and policy measures on ABS have been partially covered in the Nature Protection Act (Official Gazette No. 80/2013).
Further, Act on Implementation of the Regulation (EU) No 511/2014 has been published in the Official Gazette No. 20/2018 and has been in force since 9 March 2018. Upcoming national ABS Regulation will complete a legislative framework on the ABS.
Yes
There was no difficulty or challenge encountered for designating a national focal point (Clearing-house record number: ABSCH-NFP-HR-210332-4).
Yes
There was no any difficulty or challenge encountered for designating one or more competent national authority (Clearing-house record number: ABSCH-CNA-HR-206688-1).
No selection made
No
Since Republic of Croatia became a Party to the Nagoya Protocol on 1 December 2015, there was no submission of request to grant access to our genetic resources of native wild species, namely strictly protected species, and therefore no permit has been issued so far.
Not applicable, since no access requirements are in place
No
Since Republic of Croatia became a Party to the Nagoya Protocol on 1 December 2015, there was no submission of request to grant access to our genetic resources of native wild species, namely strictly protected species, and therefore no permit has been issued so far.
Yes
At present, in accordance to the Nature Protection Act, Republic of Croatia has one checkpoint responsible for implementation of the Nagoya Protocol which is the Ministry of Environment and Energy. In accordance to the Act on Implementation of the Regulation (EU) No 511/2014, two checkpoints had been designated, the Ministry of Environment and Energy and Ministry of Agriculture.
No additional information provided
Currently, the Ministry of Environment and Energy provides information on how to apply for prior informed consent in order to access the national genetic resources of native wild species, namely strictly protected species for non-commercial purposes, to access genetic resources of native wild species in protected areas and to access genetic resources of native wild species for commercial purposes. The Ministry provides for a clear and transparent written decision on access to genetic resources in a cost-effective manner and within a reasonable period of time.
Before the time of access, the Ministry provides for the issuance of a permit as an evidence of the decision to grant prior informed consent and decision on the established mutually agreed terms.
Yes
Yes
Republic of Croatia has fair and non-arbitrary rules and procedures on accessing genetic resources as provided in Article 6.3(b).
In accordance with the Nature Protection Act, access to genetic resources of native wild species, namely strictly protected species is subject to PIC as provided in Article 6.1.
Yes
Potential user may find relevant information in the Nature Protection Act that is available on the ABS CH. Alternatively, a potential user may submit request for information on how to apply for PIC as provided in Article 6.3(c) to the ABS National Focal Point located in the Ministry of Environment and Energy. Record on ABS NFP is available on the ABS CH.
(Clearing-house record number: ABSCH-NFP-HR-210332-4)
Yes
Republic of Croatia provides for a clear and transparent written decision by a competent national authority as provided in Article 6.3 (d).
Since Republic of Croatia became a Party to the Nagoya Protocol on 1 December 2015, the Ministry of Environment and Energy has not issued any permit to grant access to genetic resources of native wild species, namely strictly protected species, native wild species for commercial purposes as well as for sampling native wild species in protected areas. So far, no written decision has been issued by the Ministry of Environment and Energy and therefore no record has been registered into the ABS clearing-house.
Yes
Republic of Croatia provides for the issuance at the time of access of a permit as provided in Article 6.3 (e).
Since Republic of Croatia became a Party to the Nagoya Protocol on 1 December 2015, the Ministry of Environment and Energy has not issued any permit to grant access to genetic resources of native wild species, namely strictly protected species, native wild species for commercial purposes as well as for sampling native wild species in protected areas. So far, no written decision has been issued by the Ministry of Environment and Energy and therefore no record has been registered into the ABS clearing-house.
No answer provided
Please see reply to the question No. 14 and 15.
Yes
Nature Protection Act partially includes rules and procedures relevant to MAT as provided in Article 6.3 (g).
Issue of MAT is linked to the following articles: Article 91.1, 92.2 (provision on subsequent third-party use) and 89.4 (article on the change of intent) under the Nature Protection Act. Upcoming national ABS Regulation will establish more detailed rules and procedures for requiring and establishing mutually agreed terms and provisions related to benefit sharing, terms on subsequent third-party use, etc.
No selection made
Under the Nature Protection Act, there was no permit issued since 1 December 2015, so no benefits has been received from the utilization of genetic resources of native wild species, namely strictly protected species.
No additional information provided
Yes
Article 4(1) of the EU ABS Regulation No 511/2014 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.”
(ABSCH-MSR-EU-201808-6)
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.”
(ABSCH-MSR-EU-201808-6)
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.”
(ABSCH-MSR-EU-201808-6)
No additional information provided
Yes
Yes
Nature Protection Act defines situations of violation of provisions when genetic resources of native wild species (strictly and non-strictly protected) utilized within our jurisdiction have been accessed without PIC and MAT and some other situations. Nature Protection Act has been in force since July 2013. Further provisions on situtations of non-compliance have been provided in the Act on Implementation of the EU Regulation No 511/2014 which had been in force since 9 March 2018.
So far, there is no information on cases of non-compliance in relation to the Nature Protection Act and/or Act on Implementation of the Regulation (EU) No 511/2014.
No
No
No selection made
No selection made
Such obligation is part of the Nature Protection Act as well as part of the Act on Implementation of the Regulation (EU) No 511/2014. So far,there was no situation to implement that obligation.
Yes
Obligations under Article 17.1. (a)(i) and (ii) are included in our current Nature Protection Act as well in our Act on Implementation of the Regulation (EU) No 511/2014. Designated checkpoint is either the Ministry of Environment and Energy or the Ministry of Agriculture (as appropriate).
No
So far, there was no situation to address situations of non-compliance.
No
Not selected
So far, there was no situation to implement Article 17.1 (a)(i) and Article 17.1 (a)(iii), although such obligations exist in our legislation.
Yes
According to the Nature Protection Act and its Article 91 (para. 4), users and providers are obliged to share information on the implementation of the mutually agreed terms (MAT).
Yes
As a Member State of the EU, Republic of Croatia will use EU IT platform (DECLARE) and as a Party to the Nagoya Protocol we will use the ABS CH as well.
No additional information provided
Not applicable, since no access requirements are in place
No
Under the internal administrative procedure there is a mandatory provision to cover dispute resolutions (Act on Administrative Procedures and Act on Administrative Disputes).
Republic of Croatia will soon start a preparation of the national ABS Regulation which will provide a guidance on provisions in MAT on dispute resolution, will define MAT itself in more details, contractual clauses for MAT, BS provisions and other contractual clauses particularly necessary in cases of utilisation of genetic resources for commercial purposes.
Yes
There is a mandatory provision under the internal administrative procedures to cover dispute resolutions (Act on Administrative Procedures and Act on Administrative Disputes).
Upcoming national ABS Regulation will cover a provision to seek recourse in cases of disputes arising from mutually agreed terms.
Yes
As a Party to the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters and in accordance to some national legislation such as the Environmental Protection Act (Official Gazette No 80/13, 153/13, 78/15, 12/18, 118/18), Republic of Croatia is obliged to take into consideration an access to justice as provided under Article 18.3 (point a).
No
No additional information provided
Yes
Republic of Croatia developed legislation that supports research which contributes to the conservation and sustainable use of biodiversity. In our legislation there is no provision on simplified procedures.
Yes
Yes
Yes
No additional information provided
Nature Protection Act in Article 6 encourages scientific research which contributes to the conservation and sustainable use of biodiversity. According to provisions on access to genetic resources of native wild species mentioned in the Article 89, a legal and natural person may conduct non-commercial research on the genetic resources of native wild species that are not protected with no permit required. In addition, according to Article 89, if the legal and natural person after some time identifies the possibility of commercial utilisation of genetic Resources, legal or natural person shall inform the Ministry and request a permit from the Ministry of Environment and Energy.
No
Not applicable
No selection made
No selection made
Not applicable
Not applicable
Not applicable
Not applicable
No selection made
No selection made
No selection made
Not applicable
Not applicable
No additional information provided.
Yes
Under the national Strategy and Action Plan of Nature Protection for the period 2017 – 2025, several specific goals facilitate protection of genetic diversity and its sustainable use and assure that sustainable use of natural resources is included in other intersectoral strategies and planning documents.
No answer provided
For the time being, it is not possible to do any assessment on implementation of the Nagoya Protocol within the country and its contribution to conservation and sustainable use of biodiversity.
No additional information provided.
No
Republic of Croatia does not have indigenous and local communities.
Not applicable, since there are no indigenous and local communities in my country
No selection made
No additional information provided
No
Republic of Croatia does not have any experience in the development, update and use of model contractual clauses for MAT as provided in Article 19 of the Nagoya Protocol. Upcoming national ABS Regulation will include some provisions on MAT and contractual clauses, particularly for utilization of genetic resources of native wild species for commercial purposes.
Yes
No additional information provided
No
No
No
No
No
No
No additional information provided
Main difficulties and challenges are linked to increasing need for institutional capacity building, need to strengthen human resource capacities and lack of funds to facilitate outreach and public awareness activities in order to efficiently implement Nagoya Protocol and the Regulation (EU) No 511/2014 on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union.
Yes
From time to time, some Croatian scientists and institutions have been involved in collaborating and cooperating with foreign institutions and scientists and have participated in their technical and scientific projects.
No additional information provided
In the process of becoming a Party to the Nagoya Protocol, Republic of Croatia did not encounter any difficulties and challenges. However, difficulties and challenges will surely occur during the implementation phase and particularly will be linked to the increasing institutional capacity-building and to the strengthening human resource capacities.
In addition to that, there is a lack of funds to facilitate outreach and public awareness activities in order to efficiently implement the Nagoya Protocol and the Regulation (EU) No 511/2014.
Yes
There is a budgetary allocation of funds within the Ministry of Environment and Eenrgy for the implementation of the Nagoya Protocol.
No
Under the Ministry of Environment and Energy, two persons are working on ABS issues and implementation of the Protocol and Regulation (EU) No 511/2014.
Under the Ministry of Environment and Energy there is an annual fund obtained from the Budget for two persons working on ABS issues, implementation of the Nagoya Protocol and Regulation (EU) No 511/2014.
Yes
Less than 5
No information provided
No information provided
