Croatia | ABSCH-MSR-HR-206385 | Legislative, Administrative or Policy Measure | Access and Benefit-Sharing Clearing-House

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Legislative, Administrative or Policy Measure (MSR)

last updated: 07 Apr 2022
General information
Nature Protection Act (Official Gazette No 80/2013)
Nature Protection Act published in the Official Gazette No. 80/2013 regulates the system of protection and conservation of nature and its components, and other relevant issues in this regard. Among others, it regulates issuing of permits in cases of:
·       access and use of genetic material of native wild species for creating new products and patents (Articles 9.1 (20), 89, 90, 91, 92, 93 and 96);
·       access and taking samples of strictly protected species (Articles 91.2 and 155); 
·       access of native wild species for the purpose of doing research, collecting and sampling in our protected areas (Article 145).  
 
In other cases permit is not need i.e. for collecting genetic material of species that are not strictly protected, from areas outside of protected areas, and for research-only purposes (without creating new products for sale and/or patents).
 
In „Additional information“ section there are links to the list of strictly protected species (to check the species to be sampled) and map of protected areas (to check the location of planned collection of the sample) in Croatia.
National / Federal
Legally binding
06 Jul 2013
Law
Amendments
EN
Regulatory contact information
- Competent National Authority: ABSCH-CNA-HR-206688-2 | ABSCH-CNA-HR-206688-2
Competent National Authority
Ministry of Economy and Sustainable Development / Nature Protection Directorate ()
Radnička cesta 80
Zagreb,
HR-10000, Croatia
Phone: +385 01 48 66 102,
Fax:
Amendments
Relationships
Elements of the measure Collapse All Expand All
  SCOPE OF THE MEASURE
  Genetic Resources
-   Wild species - found in - In-situ Agricultural areas , Dry and sub-humid areas , Forest , Inland waters , Islands , Marine and coastal areas , Mountains , Protected areas , Ex-situ (Articles 89.1 and 94.2)
  ACCESS
  Access to genetic resources
  For commercial use ( Article 89 )
  For non-commercial use ( Article 89 )
  Provides for the issuance of a permit of its equivalent at the time of access for constituting an internationally recognized certificate of compliance ( Articles 89, 90 and 91 )
  Established rules and procedures for mutually agreed terms ( Articles 91.4, 92.2 and 93 )
  Any other element relevant to access
-  Access to the genetic material of native wild species in the wild (in situ) must not endanger the ecosystem and disturb the population of the native wild species (Articles 89.1 and 91)
-  Access to the genetic material of strictly protected native wild species (Articles 91.2 and 155)
-  Access to the genetic material in protected areas (Article 145)
-  Access to the genetic material from ex situ sources (Articles 94 and 96)
  BENEFIT-SHARING
  Non-monetary benefits ( Article 91.4 )
  COMPLIANCE
No provisions for this element
  RELATIONSHIP WITH OTHER INTERNATIONAL INSTRUMENTS
  Plant genetic resources for food and agriculture exchanged using the standard material transfer agreement of the International Treaty on Plant Genetic Resources for Food and Agriculture ( Article 88.3 )
  OTHER
  Competent national authority/ies ( Article 89.2 )
  Reference to any other relevant articles and sections
-  Scientific opinion of the advisory body (Articles 90.2 and 90.3)
-  Transfer to third parties (legal or natural person has to inform the CNA that issued the permit) (Articles 91.4 and 92.2)
Additional Information
The list of strictly protected species in Croatia, proclaimed by Ordinance on strictly protected species (Official Gazette No. 144/2013 and 73/2016), is available at the following link: https://narodne-novine.nn.hr/clanci/sluzbeni/dodatni/441255.pdf

A map/list of protected areas in the Republic of Croatia is available at the following link:  http://www.bioportal.hr/gis/ (Croatian only: zaštićena područja). 
If the coordinates of the location from which you plan to collect your sample are available, you can click on icon "Zoom to coordinates" ("Zumiraj na koordinate") and enter the coordinates. Alternatively, you can enter the name of your location in the field "Google Places pretraga“. The search will show if your location is within protected areas.
In case collecting is planned in protected areas of national importance - strict reserve (strogi rezervat), national park (nacionalni park), special reserve (posebni rezervat) or nature park (park prirode) -  the Ministry needs to issue a permit for research and collecting activities in these categories of protected areas. 
If collecting is planned in protected areas of local importance - regional park (regionalni park), nature monument (spomenik prirode), significant landscape (značajni krajobraz), park forest (park šuma) and park architecture monument (spomenik parkovne arhitekture) - potential user will have to request a permit from the local nature protection authority.
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