PROCLAMATION NO. 381/2004.
A PROCLAMATION TO AMEND THE INSTITUTE OF BIODIVERSITY CONSERVATION AND RSEARCH ESTABLISHMENT PROCLAMATION
WHEREAS, it has become necessary to amend the institute of Biodiversity Conservation and Research Establishment Proclamation;
NOW, THEREFORE, in accordance with Article 55 (1) of the Constitution of the Federal Democratic Republic of Ethiopia, it is hereby proclaimed as follows:
1. Short Title
This Proclamation may be cited as the “Institute of Biodiversity Conservation and Research Establishment (Amendment) Procla- mation No. 381/2004.”
The Institute of Biodiversity Conservation and Research Establishment Proclamation No 120/1998 (as amended) is hereby further amended as follows:
1/ The designation “Institute of Biodiversity Conservation and Research” appearing anywhere in the Proclamation is deleted and replaced by the “Institute of Biodiversity Conservation.”
2/ The English version of the word “Biological Diversity” appearing anywhere in the Proclamation has been deleted and replaced by “Biodiversity.
3/ The following new Sub-Article (7) is added under Article 2 of the Proclamation:
“7/ biological specimen/sample” means the specimen/sample of plant, animal or micro-organisms genes or species and does not include agricultural inputs as defined under Article 8(3) (a) of the Reorganization of the Executive Organs of the Federal Democratic Republic of Ethiopia Proclamation No. 256/2001 (as amended by Proclam- ation No.380/2004).”
4/ Sub-Article (2) of Article 3 of the Proclamation is deleted and replaced by the following new Sub-Article (2):
“2/ The institute is accountable to the Ministry of Agriculture and Rural Development.”
5/ Article 5 of the Proclamation is deleted and replaced by the following new Article 5:
The objective of the Institute is to ensure the appropriate conservation and utilization of the country’s biodiversity.”
6/ Article 6 of the Proclamation is deleted and replaced by the following new Article 6:
“6. Powers and Duties
The Institute shall have the following powers and duties to:
1/ initiate policy and legislative proposals on conservation of the country’s biodiversity and, upon approval, enforce and follow up their implementation;
2/ explore and survey the diversity and distribution of the country’s plant, animal, and microbial genetic resources; collect samples for ex-situ conservation and facilitate utilization of these genetic resources for research and development;
3/ ensure the conservation of the country’s biodiversity using ex-situ and in-situ conservation methods;
4/ identify and study localities where man-made and natural calamites are causing genetic erosion and from such assement recommend, to the concerned bodies, the restoration of the lost materials in the locality from the ex-situ conserved germplasm and, upon its endorsement, facilitate and support its implementation;
5/ enrich that part of the country’s biodiversity which can be utilized for its development through introduction of germplasm from international sources, and take appropriate measures based on international agreements to protect the interests of the country with regard to germplasm of Ethiopian origin and previously taken out of the country;
6/ implement, in cooperation with the concerned bodies, treaties on biodiversity to which Ethiopia is a party;
7/ work in cooperation with the concerned federal and regional bodies with respect to conservation biodiversity;
8/ register germplasm of Ethiopian origin and undertake studies, in particular, on those threatened by extinction to develop a strategy for their conservation;
9/ identify processes that promote or threaten the existence of the country’s biodiversity resources; formulate and propose policy ideas to concerned authorities which enable to promote the healthy processes and control the threatening ones;
10/ develop regional and international cooperation in biodiversity conservation activities, and based on international agreements and national legislation take appropriate action to maintain the sovereign rights of the country over its biodiversity;
11/ study and develop systems and technical standards for the conservation of the country’s biodiversity and create awareness on same among all concerned;
12/ issue directives on the collection, dispatch, import and export of any biological specimen/sample and give permit to collect, dispatch, import or export same;
13/ determine and collect commensurate fees for services it renders;
14/ own property, enter into contracts, sue and be sued in its own name;
15/ perform such other duties as are conducive to the attainment of its objectives.”
7/ Article 8 of the Proclamation is deleted and Articles 9-17 are renumbered as Article 8-16 respectively.
8/ The phrases “upon the recommendation of the Board” in Sub-Article (1) and “subject to the general directives of the Board, and through the Board from the Ethiopian Agricultural Research Organi-zation” in Sub-Article (2) of Article 8 (the former Article 9) of the Proclamation are deleted.
9/ Sub-Article 3(f) of Article 8 (the former Article 9) of the Proclamation is deleted and replaced by the following new Sub-Article 3(f):
“f/ prepare and submit to the Ministry of Agriculture and Rural Development the reports of the Institute; and submit to the Environmental Protection Authority annual reports on the implementation of the Convention on Biological Diversity.
3. Effective Date
This Proclamation shall enter into force on the 13th day of January, 2004
Done at Addis Ababa, this 13th day of January, 2004
PRESIDENT OF THE FEDERAL DEMOCRATIC REPUBLIC OF ETHIOPIA