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Interim National Reports on the Implementation of the Nagoya Protocol
(NR)
last updated: 31 Oct 2017
Interim National Report on the Implementation of the Nagoya Protocol, Republic of Moldova, 2017
-
Person:
Dr. Angela
Lozan
|
ABSCH-CON-MD-238626-1
This document has been updated. This is not the latest published version.
Click here to view the latest version of the record.
Person:Dr. Angela Lozanmanager, Biosafety office, Ministry of Agriculture, Regional Development and EnvironmentStr. Mitropolit Dosoftei 156A, bir. 3015Chisinau,
MD2004,Phone: +373 22 802090,Fax: +373 22 802090,Email: angelalozan@yahoo.com,Website:
To view the current National Focal Point information, click
here.
Yes
No major difficulties
Law Nr. 239 of 08.11.2007 on Plant kingdom, published on 26.02.2008 în the Official Gazette Nr. 40-41, art Nr : 114. Entered into force on 26.02.2009.
Governmental Decision nr. 43 of 15.01.2013 on approval of the Regulation on testing and approval of plant varieties in the Register of the plant varieties.
LAW Nr.439 of 27.04.1995 on Animal kingdom, published on 09.11.1995 in the Official Gazette Nr. 62-63, art Nr : 688.
Law on Horticulture nr. 728-XIII of 06.02.1996 published in Official Gazzette of the R.Moldova nr.52-53/161 of 14.04.2010.
LAW Nr. 68 of 05.04.2013 on seeds, published in Official Gazette of 21.06.2013, Nr. 130-134, art Nr : 417. Entered onto force on 21.12.2013.
Law on Protection of plant varieties nr. 39 of 29.02.2008.
NBSAP- National Biodiversity Strategy and Action Plan on Biological Diversity 2015-2020, 2015.
Law on ratification of the Nagoya Protocol on ABS, 2016.
Yes
The limited administrative and financial capacities of the country are the main challenges in setting up the ABS measures.
Law on ratification of the Nagoya Protocol on ABS is approved in 2016.
The National Biodiversity Strategy and Action Plan for 2015-2020 approved in 2015 and contains provisions for the implementation of the ABS procedures according to the Protocol.
Draft Governmental decision on the nomination of the National Competent Authority - Ministry of Agriculture, Regional Development and Environment, has been submitted for approval.
Yes
No major difficulties in approving the National FP on ABS
Ms. Veronica Josu has been nominated as the ABS Focal point
Ms. Angela Lozan has been appointed to serve as the ABS Clearing House contact person.
Yes
The current governmental reform leading to some delay for the approval of the competent authority. The process of designation has been initiated by today.
A draft Governmental Decision on the designation of the Ministry of Agriculture, Regional Development and Environment as the competent national authority for the Nagoya Protocol on ABS as provided in Art.13 is under upproval process.
No selection made
No selection made
Not applicable, since no access requirements are in place
Not applicable, since no access requirements are in place
No selection made
No
Not sufficient human and financial capacities in the country.
No checkpoints have been yet designed as provided in Art. 17.
No additional information provided
No
There is no specific legislation on access to genetic resources as well as benefit-sharing in Moldova. Accordingly, there are no requirements to obtain PIC and MAT when accessing genetic resources in Moldova. However legislation on nature and species conservation, intellectual property rights, agriculture plant varieties, horticulture and seeds et.al. may apply depending on circumstances (i.e. a collection permit by the environmental authority may be necessary due to species conservation).
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
Not applicable
No selection made
No additional information provided
Not sufficient human and financial capacities in the country.
Yes
To some extent. The NBSAP stipulates measures for the implementation of the Nagoya Protocol on ABS, including provisions of the Art.5.1. and 5.3.
The Law on Plant kingdom (amendments to the law approved on 27.10.2017) stipulates some measures relevant to commercialization of the genetic resources to a country of export.
Ex. (9) For issuing the permit (Agreement) for export, there are established taxes that will be transferred to the National Ecological Fund:
a) Comestible mushrooms, in fresh and semi-proceeded - 2,0 lei/kg;
b) medicine plants, food, aromatic plants, colorants, ornamental plants from the wild flora, fresh or semi-fresh - 0,50 lei/kg;
c) other plants of wild flora, or its products - 0,30 lei/kg;
d) seeds of the forestry species and other wild plant species (genetic resources) - 3,00 lei/kg;
e) fruits of the wild flora, fresh or semi-proceeded - 1,0 lei/kg.
There are no benefit-sharing measures established at national level at present.
No
No
There is no special legal provisions related the measures to benefits arising from traditional knowledge associated with genetic resources that are shared to indigenous and local communities as provided in Art. 5.5.
No additional information provided
There are no indigenous and local community people in the sense of the CBD. However, the traditional knowledge to protect biological diversity and especial agro bio genetic diversity is considered extremity important and useful to be taken into consideration.
Yes
No
No
To some extent. The Law on Plant Kingdom and the Law on Animal Kingdomhave stipulated juridical rules for collection of flora and fauna species. There is need to develop specific regulation addressed to the ABS measures as provided in the Art. 15.2 and 15.3.
No
No selection made
No selection made
There is no regulatory measures to provide jurisdiction base for PIC or approval and MAT established as provided in the Art.16.1.
Moldova does not have indigenous or local communities as it understood in the context of the CBD.
No
No selection made
No
Not selected
Not applicable, since no access requirements are in place.
No
There is no mechanisms for encouraging users and providers to include provisions in MAT to share information, as provided in Art. 17.1(b).
No
There is no mechanisms for encouraging the use of cost-effective communication and system developed, as provided in Art. 17.1(c).
No additional information provided
There are limited human and financial capacities in the country that constrain process of developing the relevant mechanisms as provided in the Art.17.
Not applicable, since no access requirements are in place
No selection made
Yes
To some extent. Recourse can be sought subject to the rules of international civil procedure applicable in Moldova.
Yes
To some extent. The national legislation ensure the human right to access to justice, inclusive for ABS scopes, as it is provided in the Art. 18.3.
http://lex.justice.md/md/311759/ - Law on Access to information, nr. 982 of 2000.
Yes
To some extent. Some general mechanisms are the subject to the rules of international civil procedure applicable in Moldova.
No additional information provided
There is no sufficient human and financial capacities in the country to develop special provision on ABS scopes in relation with the Art. 18 of the Nagoya Protocol.
No
To some extent. There is no special legal provisions to encourage research which contributes to the conservation use of biological resources for non-commercial research purposes as provided in the Art. 8(a).
The existent national legislation has provided the encouraging mechanisms for research activities in the field of genetics, biodiversity conservation and monitoring.
As ex., the Institute of Genetics, Physiology and Plant Protection of the Moldovan Academy of Sciences, the Laboratory of Plant Genetic Resources:
Research directions:
Study of crop wild relatives of some culture (inventorying of populations and their evaluation) in forest ecosystems of Republic of Moldova;
GPS-positioning and collecting the landraces and other local forms of cultivated species in rural areas;
Ex situ evaluation of the specimens of cereal, pulse, leguminous, technical, nontraditional and new species by morpho-biological, physiological and biochemical characteristics in the field, glass house and laboratory conditions;
Creation and ex situ conservation of the works, actives, base and national collections of agricultural plants and their wild relatives, search and utilization of methods for increasing the viability of germplasm after its long term preservation;
Maintaining and administration of the National Informational System relating to plant agrobiodiversity.
Relevant results
GPS-positioning and description of in situ populations of some crop wild relatives (5 pilot species) were made in forest ecosystems of all soil-climatic zones of the Republic of Moldova and valuable sources of germplasm were identified. Over 1.2 thousand of local forms of cultivated plants related to 35 botanical species and subspecies were collected in 15 regions of the country. Over 2 thousand of cultivars, lines, hybrid populations, mutant forms, and wild plant species were studied in field experiments, and genotypes with valuable productivity and resistance traits were selected. New cultivars of tomato, pepper and eggplant were obtained. Positive influence of millimeter waves on increase of seed viability was demonstrated through the example of genotypes of cereal, technical, vegetable and medicinal crops, protective and reparative effects of radiation were revealed, that is important for seed material preserved for a long time in ex situ collections. Passportization of spiked cereals was performed with regard to polyphenol oxidase enzyme activity, content of crude gluten and gliadins: glutens ratio; passportization of hybrid populations of chickpea – with regard to water-soluble seed protein fraction. ReGen and “Filling cabinet” informational systems were developed and were used for input and management of data on specimens of ex situ collections of plant genetic resources and germplasm conserved in situ.
Research Institute of Genetics, Physiology and Plant Protection - http://igfpp.asm.md/en
Research Institute of botany (Botanical Garden) of the Academy of Sciences- http://www.gradinabotanica.asm.md/en
Research Institute of Zoology of the Academy of Sciences of Moldova - http://www.zoology.asm.md/lang-eng.htm
No
There is no specific legislation to ensure payment for the cases provided in the Art. 8(b). The Administrative code has stipulated general taxation mechanisms for the environmental protection (http://lex.justice.md/md/330333/)
However, the Law on Plant kingdom (amendments to the law approved on 27.10.2017) stipulates some measures relevant to commercialization of the genetic resources to a country of export.
Ex. (9), for issuing the permit (Agreement) for export, there are established taxes that will be transferred to the National Ecological Fund:
a) Comestible mushrooms, in fresh and semi-proceeded - 2,0 lei/kg;
b) medicine plants, food, aromatic plants, colorants, ornamental plants from the wild flora, fresh or semi-fresh - 0,50 lei/kg;
c) other plants of wild flora, or its products - 0,30 lei/kg;
d) seeds of the forestry species and other wild plant species (genetic resources) - 3,00 lei/kg;
e) fruits of the wild flora, fresh or semi-proceeded - 1,0 lei/kg.
No
No specifi legal provisions developed in respect of the provisions of the Art.8(b).
No
No specifi legal provisions developed in respect of the provisions of the Art.8(c).
No additional information provided
There is need for capacity building to develop legal and administrative settings to ensure provisions of the Art. 8 of the Protocol.
No
Moldova does not have indigenous or local communities as it understood in the context of the CBD.
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.
No
It is stipulated in the NBSAP that special mechanisms to encouraging users and providers to direct benefits arising from the utilization of genetic resources towards conservation needs. However, at the moment there are no any special legal provisions in this context and in accordance with the art.9 of the Protocol.
No answer provided
The Nagoya Protocol on Access and Benefit-Sharing of genetic resources is extremely important to ensure conservation and sustainable use of biodiversity in Moldova. The new mechanisms and procedures of benefit sharing will be helpful to evaluate genetic resources of the country, to establish financial and responsible mechanisms that can be addressed to needed measures for biodiversity conservation and natural protection. The commercial relations in the field of genetic resources, including wild species and agricultural plant varieties will be regulated as the country, farmers, and local users will benefit from their resources.
No additional information provided.
There is needed to building capacities and resources to establish the legal and administrative mechanisms in the country, relevant to the Art.9 of the Protocol.
No
There is no indigenous and local community people as it is understood in the CBD. However, traditional knowledge is considered to be important.
The country did not developed specific legislation regarding the indigenous and local community issues. However the traditional knowledge is considered in agricultural, cultural, ethical and regional development sectors.
Not applicable, since there are no indigenous and local communities in my country
No
See answer at question 48.
No additional information provided
No
No
No additional information provided
There is need to develop capacities to ensure national codes of conduct, specific guidelines and standards and best practices as it provided in the Art.19 and 20 of the Protocol.
There are limited country financial and human capacities to ensure the respective activities.
No
No
At the moment there is limited public awareness activity in accordance with the Art. 21 on ABS, provided in the country. There is a need to ensure special public awareness campaign for various stakeholders to aware about the scope and mechanisms of the Nagoya Protocol and the benefits that the country, nature and owner users will be able to achieve. The NBSAP have special provisions for public information and awareness related to the ABS.
Yes
Yes
The NBSAP approved for the period of 2015-2020 has stipulates provisions for effective imploementation of the ABS mechanisms under the Nagoya Protocol.
To some extent. The NBSAP have special provisions for develop capacity and strengthen human resources and institutional capacities to effectively implement the ABS Protocol, as it provided in the Art.22.
To be mentioned that under the recent governmental reform a Biodiversity Policy division has been established within the Ministry of Agriculture, Regional Development and Environment, which is in duty with the biodiversity conservation, nature conservation, genetic resources and biosafety issues. The personnel of the Division are responsible for the coordination of the implementation of the ABS Protocol.
No
No external support has been received yet to support capacity building in Moldova.
No
No additional information provided
No
A sub-regional cooperation to improve knowledge and skills of scientific and technical personnel on genetic resources in Moldova and Belarus has been initiated in 2017. We consider important and efficient to develop training activities at the sub-regional and regional level for better understanding of the ABS mechanisms and technical guidelines, best practices and standards.
No additional information provided
Yes
To some extent. There are indirect mechanisms for budgetary allocations of funds for the implementation of the Nagoya Protocol. A number of measures have been stipulated in the approved National Strategy and Action Plan on biological diversity for 2015-2020, that involves budgetary and non-budgetary financial support for their implementation. A new Division on Biodiversity Policy under the Ministry of Agriculture, Regional Development and Environment has duties to coordinate actions and to serve the Focal point of the ABS Protocol. A number of research projects under the Academy of sciences and universities are focused to provide inventory of the local genetic resources.
There is limited financial and human resources available to capacity building to meeting obligations under the Nagoya Protocol on ABS.
No
No information provided
No information provided
Yes
Less than 5
There are limited human resources and skilled personnel. It is needed cross-sectorial awareness and cooperation among the environmental, agricultural intellectual property rights sectors, as well as scientific, educational, custom control etc.
There is needed to establish a national ABSCH website for better cross-sectorial cooperation, decision making and public information on genetic resources and benefit sharing.
The national ABS FP and the contact person for ABSCH have been appointed.
No information provided
No information provided