Act No. 93 / 2018 Coll.
Law on the conditions for the use of genetic resources under the Nagoya Protocol
Valid
Effective from 20.06.2018
93
THE LAW
of 17 May 2018
on the conditions for using genetic resources under the Nagoya Protocol
Parliament has decided on this law of the Czech Republic:
Subject matter
This law regulates the rights and obligations of persons and the powers of administrations in the field of compliance with the conditions for access and sharing of benefits from the use of genetic resources and traditional knowledge related to genetic resources, following the directly applicable European Union1.
Classification of the collection or part thereof in the register
(1) An application pursuant to Article 5 (2) of Regulation (EU) No 511 / 2014 of the European Parliament and of the Council shall be submitted to the Ministry of the Environment ("the Ministry").
(2) The Ministry shall decide on the application within 90 days of the date of initiation of the procedure.
(3) The Ministry informs the Czech Environmental Inspection Office ("the inspection") of the inclusion of the collection (2) or part thereof in the European Union Collection Register ("the Register") without undue delay.
(4) The amendments referred to in Article 3 (1) of Commission Implementing Regulation (EU) 2015 / 1866 shall be notified to the Ministry by the collection holder without undue delay.
Declaration and other facts
(1) The declaration referred to in Article 7 (1) or (2) of Regulation (EU) No 511 / 2014 of the European Parliament and of the Council shall be made to the Ministry.
(2) Other elements referred to in Article 7 (2) of Regulation (EU) No 511 / 2014 of the European Parliament and of the Council shall be communicated to the Ministry at its request within the time limit set by the Ministry.
Control of the collection or parts thereof
(1) The control of whether the collection or part of it included in the register meets the criteria laid down for inclusion in the register (4) shall normally take place on the basis of the annual collection control plan (5).
(2) If it is found that the collection or part thereof does not meet the criteria for inclusion in the register, the Ministry shall be entitled to impose on the holder of the collection or part thereof included in the register of remedies (6).
(3) Information on the implementation of the corrective measures will be communicated by the holder of the collection to the Ministry without undue delay. If the holder of the collection has not implemented the measures properly imposed to remedy, the Ministry shall decide to remove the collection or part thereof from the register. The Ministry shall inform the inspection of the decommissioning without undue delay.
Control of user compliance
The monitoring of the compliance of users with the obligations laid down in Regulation (EU) No 511 / 2014 of the European Parliament and of the Council and this Act shall normally take place on the basis of the annual user control plan (7).
Ministry
Ministry
(a) decide whether the collection or part thereof is to be included in the register and to be excluded;
(b) accept the declarations referred to in Article 7 (1) and (2) of Regulation (EU) No 511 / 2014 of the European Parliament and of the Council;
(c) issue an annual collection control plan and an annual user control plan;
(d) imposes corrective measures under this law;
(e) negotiate offences under this law;
(f) decide on appeals against decisions of inspection under this law;
(g) is the competent authority (8) responsible for the application of Regulation (EU) No 511 / 2014 of the European Parliament and of the Council and Commission Implementing Regulation (EU) 2015 / 1866, with the exception of the powers conferred by this Law on inspection.
Inspections
Inspections
(a) cooperate with the Ministry in preparing the annual collection control plan and the annual user control plan;
(b) checks that the collection or part thereof included in the register meets the criteria for inclusion in the register and that users comply with the obligations laid down in Regulation (EU) No 511 / 2014 of the European Parliament and of the Council and this Act;
(c) imposes remedies under this law;
(d) negotiate offences under this law;
(e) inform the Ministry without undue delay of the results of the checks carried out, of the corrective measures imposed and of the fines imposed;
(f) exercise the competence of the competent authority under Regulation (EU) No 511 / 2014 of the European Parliament and of the Council and Commission Implementing Regulation (EU) 2015 / 1866, with the exception of the powers conferred on the Ministry by that law.
Measures to remedy
(1) The Ministry is entitled to impose on the holder of the collection or part of the collection included in the register which does not meet the criteria for inclusion in the register (4) in order to ensure that these criteria are met within the deadline set by the Ministry and to inform the user to whom it will provide genetic resources until the criteria are met that the collection or part of it does not meet the criteria for inclusion in the register.
(2) The inspection shall be authorised to deposit a user who has infringed one of the user obligations laid down in Article 4 or 7 of Regulation (EU) No 511 / 2014 of the European Parliament and of the Council in order to comply with that obligation within the time limit laid down by the inspection and to not use those genetic resources or traditional knowledge related to the genetic resources used for the purpose of the infringement.
Transfers
(1) A natural person, a legal person or an undertaking natural person as a user commits an offence by:
(a) it does not exercise due diligence in accordance with Article 4 (1) of Regulation (EU) No 511 / 2014 of the European Parliament and of the Council;
(b) does not obtain, maintain or transmit to other users the information or relevant documents provided for in Article 4 (3) of Regulation (EU) No 511 / 2014 of the European Parliament and of the Council;
(c) not end the use of genetic resources or traditional knowledge related to genetic resources pursuant to Article 4 (5) of Regulation (EU) No 511 / 2014 of the European Parliament and of the Council;
(d) it does not retain information relevant for access and benefit-sharing pursuant to Article 4 (6) of Regulation (EU) No 511 / 2014 of the European Parliament and of the Council;
(e) in contravention of Article 4 (8) of Regulation (EU) No 511 / 2014 of the European Parliament and of the Council, does not terminate the exploitation or request the privileges; or
(f) shall not submit a declaration pursuant to Article 7 (1) or (2) of Regulation (EU) No 511 / 2014 of the European Parliament and of the Council or any other fact referred to in Article 7 (2) of Regulation (EU) No 511 / 2014 of the European Parliament and of the Council.
(2) A natural person, a legal person or an undertaking natural person shall, as the holder of a collection or part of it included in the register, commit an offence by not notifying without undue delay the changes referred to in Article 3 (1) of Commission Implementing Regulation (EU) 2015 / 1866.
(3) A fine may be imposed for an offence
(a) up to 50 000 CZK if the offence referred to in paragraph 1 (a) to (e) or paragraph 2 is committed;
(b) up to CZK 20,000 if it is an offence referred to in paragraph 1 (f).
(4) Infringements under this Act shall be dealt with by inspection, except for an infringement pursuant to paragraph 2, which shall be dealt with by the Ministry.
(5) The fines imposed under this law are the income of the budget of the State Environmental Fund of the Czech Republic.
Efficacy
This Act shall take effect on the 15th day following its publication.
Vondracek v. r.
Zeman v. r.
Babiš v. r.
(1) Regulation (EU) No 511 / 2014 of the European Parliament and of the Council of 16 April 2014 on arrangements for compliance by users in the Union with the rules resulting from the Nagoya Protocol on access to genetic resources and fair and equivalent sharing of benefits resulting from their use. Commission Implementing Regulation (EU) 2015 / 1866 of 13 October 2015 laying down detailed rules for the implementation of Regulation (EU) No 511 / 2014 of the European Parliament and of the Council as regards the collection register, monitoring of user compliance and best practices.
2) Article 3 (9) of Regulation (EU) No 511 / 2014 of the European Parliament and of the Council.
3) Article 5 (1) and (2) of Regulation (EU) No 511 / 2014 of the European Parliament and of the Council.
4) Article 5 (3) of Regulation (EU) No 511 / 2014 of the European Parliament and of the Council.
5) Article 5 (4) of Regulation (EU) No 511 / 2014 of the European Parliament and of the Council. Article 4 (1) of Commission Implementing Regulation (EU) 2015 / 1866.
6) Article 5 (4) of Regulation (EU) No 511 / 2014 of the European Parliament and of the Council. Article 4 (5) of Commission Implementing Regulation (EU) 2015 / 1866
7) Article 9 (1) and (3) of Regulation (EU) No 511 / 2014 of the European Parliament and of the Council.
8) Article 6 (1) of Regulation (EU) No 511 / 2014 of the European Parliament and of the Council.
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Regulation Information
| Citation | Act No. 93 / 2018 Coll., on the Conditions of Use of Genetic Resources under the Nagoya Protocol |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 05.06.2018 |
|---|---|
| Effective from | 20.06.2018 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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