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There are no access measures established in Slovakia.
Not applicable, since no access requirements are in place
No selection made
Yes
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.
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.
In Slovakia, the designated competent authorities are: Ministry of Environment of the Slovak republic, research funding agencies, The Central Controlling and Testing Institute in Agriculture, Institute for State Control of Veterinary Biologicals and Medicaments, Ministry of Economy of the Slovak Republic, Public Health Authority of the Slovak Republic, The State Institute for Drug Control.
More specifically, there are two checkpoints in Slovakia as established at EU level:
1st checkpoint: competent authorities designated under Regulation 511/2014, i.e. research funding agencies and Ministry of Environment of the Slovak republic 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, i.e. Ministry of Environment of the Slovak Republic, The Central Controlling and Testing Institute in Agriculture, Institute for State Control of Veterinary Biologicals and Medicaments, Ministry of Economy of the Slovak Republic, Public Health Authority of the Slovak Republic, The State Institute for Drug Control 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 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 contact the competent national authorities of the country providing genetic resources.
No access rules established in Slovakia. It is not applicable.
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 tersm, 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 tersm, 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 tersm, in accordance with any applicable legislation or regulatory requirements.”
└ Regulation (EU) 511/2014 on compliance measrues 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;
└ Act. No. 263/2015 Col. on competences in area of the access to genetic resources and sharing of benefits arising from its utilization, entered into force on 1 December 2015.
The EU ABS Regulation (511/2014), Commission Implementing Regulation (2015/1866) and Act No. 263/2015 Col. 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 Slovakia. Annexes II and III to the Commission Implementing Regulation provide for the list of information requested from reserachers 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 resoruces.
Yes
In addition to the above, competent authority in Slovakia is 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 trditional knowledge associated by genetic resources by collections and users.
An EU-wide web-based application is being developed for the users to submit due diligence declarations electronically to the competent authorities. The portal will be connected to the ABS Clearing House, thus allowing competent authorities to transfer information in a cost-effective way.
There are no access legislation established in Slovakia hence there are also no measures on expeditious access to genetic resources for that purpose. 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.
There are no access legislation established in Slovakia hence there are also no specific measures for expeditious access and expeditious benefit-sharing.
Yes
There are no access rules established in Slovakia hence there are also no specific mearues concerning genetic resources for food and agriculture. 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 Slovakia the Ministry of Environment has competences under Article 13 of the EU ABS Regulation.
There is no access legislation established in Slovakia.
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.
At EU level European Commission has organised a series of workshops aimed at raising awarness of academia and non-commercial researchers in various cities of EU througout the years 2015-2016 (5 workshops in 2015 and 4 in 2016). At Slovak national level Ministry of Environment has organised few small meetings with non-commercial researchers.
No
No
At EU level the European Commission developed guidance on the scope of application and core provisions of the EU ABS Regulation to build the capacity in the EU in implementing the Protocol. Slovakia did not take measures to build and develop capacity and strengthening of human resources and institutional capacities to effectively implement the Nagoya protocol independently.
No
Yes
At EU level the European Commission provides significant support on behalf of EU to many ABS related projects. Slovakia did not provide external support for building and developing capacity for the implementation of the Nagoya Protocol independently.
No additional information provided
No
At EU level the European Commission provides support on behalf of EU to many research and development programmes contributing thus to technology transfer and collaborating in technical and scientific research and development programmes. Slovakia did not provide support independently.
No additional information provided
No particular challenges encountered.
No
Yes
See response to question 57; in addition, the EU Member States made financial resources available to GEF;
No information provided
No information provided
No
Slovakia has not specific staff. Employees that administer functions directly related to the implementation of the Nagoya Protocol also perform other tasks that can result from unrelated legislation.