Revista ingles

Maria Gabriela Marquina Meza C.I. 25.152.575 Rosa Angelina Rodriguez Garcia C.I. 26.861.061

BIOLOGICAL DIVERSITY ACT THE CONGRESS OF THE REPUBLIC Decrees the next, BIOLOGICAL DIVERSITY ACT TITLE I GENERAL PROVISIONS

Article 1. - This Act is to establish guiding principles for the Biodiversity conservation.

Article 2. - Biodiversity environmental legal rights are protected, fundamental to life. The Venezuelan State, under the Convention On the Conservation of Biological Diversity, exercises sovereign rights on these resources. These resources are inalienable, indefeasible, subject to international treaties validly concluded by the Republic. Paragraph: It is declared of public utility conservation and use Biodiversity sustainable.

Restoring, maintaining essential processes and environmental services they provide.

Article 3. - The Nation's environmental heritage is made ecosystems species and genetic resources, which are within the national territory and their jurisdiction, including the contiguous maritime zone and economic zone exclusive.

Article 4. - Alos purposes of this Act, the conservation of Biodiversity mainly comprise: 1. The conservation and management control, in situ and ex situ, the biodiversity.

2. Regulating access and resource utilization biological and genetic resources for sustainable management.

3. The compatibility between economic activities and the atmosphere.

4. Research on the economic valuation of Diversity biol贸gica.

5. Regulation of the transfer and application of biotechnology that have an impact on the management and sustainable use of Biological Diversity.

6. The establishment of biosecurity measures to protect the Biological Diversity, especially concerning species transgenic.

7. Establishing ethical guidelines on the use of Biological Diversity.

8. The promotion of research and training human resources for a proper understanding of the Biological Diversity.

9. Promoting environmental education and outreach to encourage citizen participation in relation to the conservation and sustainable use of biological diversity.

10. The recognition and preservation of knowledge about Biological Diversity and its uses have communities local.

11. The fair and equitable sharing of benefits arising from the use of Biodiversity.

Article 5. - Sustainable use of Biodiversity shall be such consistent with ethical principles and regulations on biosecurity.

Article 6. - Conservation of Biodiversity incorporate prevention and mitigation of environmental damage and repair existing damage.

Article 7. - The costs of recovery, restoration and compensation deterioration of Biodiversity will be paid by the tortfeasor.

Article 8. - The national, regional, municipal and the organized communities are obliged to give their help in the actions which foster conservation of Biodiversity.

Article 9. - The activities carried out within the national territory and in areas where the Republic has sovereignty should not affect Biodiversity and ecological dynamics of other countries or areas international jurisdiction.

Article 10. - The State shall establish policies for the conservation and sustainable use of biological diversity, in accordance with the provisions of this Act

Article 11. - The State shall promote and plan the actions aimed at achieving balance between socio-economic development and the conservation and sustainable use Biological Diversity, in order to meet the needs of the present and future generations.

Article 12. - The State shall promote environmental education with emphasis on the use and Biodiversity conservation in order to achieve sustainable development to achieve a better quality of life for present and future generations.

Article 13. - The State recognizes the importance of cultural diversity and associated knowledge on Biological Diversity have the local and indigenous communities, and also recognize the rights of deriving therefrom.

Article 14. - The State shall, within the framework of international law, because the activities of other countries do not adversely affect the NĂ­ Biodiversity ecological balance within national jurisdiction.

PART II NATIONAL STRATEGY AND NATIONAL INSTITUTE BIODIVERSITY Chapter I From dela National Biodiversity Strategy

Article 15. - The Executive, through its competent bodies, draw and update the National Strategy of Biodiversity.

Article 16. - The National Executive integrate conservation and utilization Sustainable Biodiversity in policies, plans, programs and national development projects, in conjunction with states and municipalities.

Article 17. - The National Strategy for Biological Diversity have the following objectives: 1. Incorporate the Nation Plans and plans, sectoral policies and programs, the Diversity Management Biological.

2. Designing an international policy environment, cooperation technical and economic diversity conservation Biological.

3. Contributing to the preservation of national parks, natural monuments and other areas under regime special administration.

4. Implement mechanisms to prepare and update inventory management required for Diversity Biological and environmental services derived from it.

5. Set guidelines for audits periodic environmental national, regional and local to determine the state of conservation of Diversity Biological.

6. Establish mechanisms for the economic valuation of the Biodiversity and its progressive integration to accounts national.

7. Establish and update the criteria and indicators sustainability in the use of Biodiversity.

8. Implement mechanisms to achieve a distribution fair and equitable sharing of the economic benefits of the Biological Diversity, with emphasis on knowledge of the traditional, local and indigenous communities and their participation in profits.

9. Promote the integration of states and municipalities in the management plans Biodiversity.

Article 18. - The National Biodiversity Strategy and plans action deriving therefrom, shall be reviewed, at most every three years, for the purpose of updating.

BIODIVERSITY VENEZUELA

The species are like bricks in the construction of a building. We can lose one or two dozens of bricks without the house staggers. But if it eliminates 20 % of the species, the entire structure is destabilized and is ruined. This way an ecosystem works

Chapter II From the National Biodiversity Article 19. - Creation of the National Office of Biological Diversity, attached to Ministry of Environment and Natural Resources.

Article 20. - The National Office of Biological Diversity, will aim comply with the provisions of this Act, in accordance with what the it is a guideline.

Article 21. - The functions of the National Office of Biological Diversity: 1. Coordinate the development of national policy conservation and sustainable use of biological diversity, especially preserving national parks, natural monuments and other areas under regime special administrative.

2. Promote and establish inter-institutional coordination necessary to carry out actions related to the knowledge, conservation and sustainable use of resources genetic.

3. Promote and support, in coordination with other relevant units of the Office, the execution deestudios on Biological Diversity, aimed at their

valuation,developing actions aimed at rescue and vindication ofour genetic resources.

4. Coordinate and monitor compliance with the provisions set out in Decision 391 of the Cartagena AgreementAccess to Genetic Resources.

5. Support education and outreach on the Biodiversity and conservation of the country.

6. To promote, encourage and support, in coordination with the DGs and Services Sector Autonomousinvolved the establishment in the country of natural areasprotected for conservation of biological diversity in situ, and ex situ conservation centers and ensurestrengthening and maintaining them.

7. Supporting the Ministry competent dependncias and other State agencies in the formulation and implementation of policy country's international on Biological Diversity.

8. Promote and support, in coordination with the Directorates Sectoral and Autonomous Services General of the Ministry of Environment and Natural Resources involved, the establishing policies to encourage the development biotechnology in the country and the use and sustainable Biological Diversity by national institutions, public and private.

9. Promote, evaluate and monitor compliance existing biosafety in the country.

10. All other powers conferred by the laws, regulations and resolutions.

11. Coordinate the development of the National Strategy Biological Diversity, promote and propose updating actions for implementation and adoption, as well as monitor your execution.

12. Foster the feasibility of creating a National Institute Biological Diversity or other alternative according to law

TITLE III CONSERVATION OF BIODIVERSITY Chapter I In situ conservation of Biodiversity

Article 22. - For the purposes of conservation of Biodiversity, will object situ conservation priority: 1. Fragile ecosystems, high genetic diversity andecological, which constitute centers of endemism and contentivas natural landscapes of unique beauty.

2. The animal species, plants or populations of these particularly vulnerable or that are threatened or endangered.

3. The populations of rare or unique ecological value, scientific, strategic or economic, actual or potential utility.

4. The endemic species and migratory emblematic when they are in the territory and other areas under national jurisdiction.

5. The plant and animal species potentially domesticables or those that can be used for genetic improvement.

6. Populations of animals of economic importance to are subject to loss and fractionation processes their habitats.

7. Ecosystems that provide essential environmental services, capable of being degraded or destroyed by the human interventions.

8. The areas under special administration that have conservation as a primary objective of the Diversity Biological.

Article 23. - The State shall promote research and management plans for Biodiversity conservation and establish indicators and criteria technical sustainability.

Article 24. - The State shall promote research and technical assistance on those species traditionally used in order to ensure their conservation.

Article 25. - THE State shall promote the protection of natural ecosystems and habitats necessary for the maintenance of species populations wild, out of areas under special administration.

Article 26. - The National Executive, through its competent bodies, prioritize the species conservation programs taking into consideration: a) The native species, those included in the national Red Books and international and international conventions. b) The national interests as scientific value, cultural or economic development of these species.

Article 27. - The National Executive, through its competent bodies, monitor the introduction of alien species that threaten the Diversity Biological and ecological dynamics of natural ecosystems modified.

Article 28. - The National Executive protect migratory species when they are in the territory and other areas under national jurisdiction.

Article 29. - The Ministry of Environment and Natural Resources will identify and oversee the restoration and recovery of degraded ecosystems and habitats, which are of particular importance for the conservation of Biodiversity.

Article 30. - For the purpose of promoting the sustainable use of biological resources in outlying areas to the areas under Special Administration Regime, for the conservation of biological diversity and complementary effective functions such areas be established Zones Damping, which will be declared protected zones administered coordination with the governing body of the area and the buffer object Ministry of Environment and Natural Resources.

Article 31. - To facilitate gene flow and wildlife populations habitรกts connect fragmented between the Administration Regime Low Areas

Special National Executive establish ecological corridors or habitats interconnection.

Article 32. - For the purpose of formulating and implementing conservation measures and use in freshwater systems, marine, coastal and island, located neighboring areas, the National Executive shall establish consultation mechanisms for the formulation, adoption and implementation of policies, plans, projects or other measures of bilateral or multilateral.

Chapter II Ex situ conservation of Biodiversity Article 33. - The State will host the ex situ conservation of Diversity Biological and components, as an essential complement to the situ conservation, in order to increase their scientific knowledge, preserve and provide sustainable use.

Article 34.-To the ends of his conservation and sustainable utilization, they will be an object of priority attention for the conservation ex-situ: 1. The species or genetic material of singular strategic, scientific, economic, current or potential value.

2. The species or genetic material of special value of use, current or potential, tied to the socioeconomic and cultural local, national requirements or internacionales.

3. All those species needed for the conservation and improvement of plants or animals necessary for the supply, the agriculture, the forest exploitation and for medicinal uses.

4. The essential species for the conservation and functioning of ecosystems, chains tr贸ficas and for the natural control of populations and plagues.

5. The useful species for the restoration of ecosystems, chains tr贸ficas damaged or in recovery.

6. Species on the verge of extinction or whose viability in situ is precarious or void.

Article 35.-The State will stimulate the conservation of the Biological Diversity by means of such centers of conservation as: banks of germoplasma, genotecas, zoological gardens and aquariums, zoocriaderos, v铆veros, botanical gardens and clonales, scientific collections and other means of conservation ex-situ.

Article 36.-The Department of the Environment and of the Natural Resources will exercise the supervision of the centers of conservation exsitu of the biological resources to which the previous article refers.

Article 37.-The Centers of Conservation ex-situ will allow the access to the available information that in them they find, previous the payment of duties, rates, contributions and royalties established the effect by means of Regulation.

The Only paragraph: Without prejudice of the established in this Article, the Centers of Conservation ex-situ will be able to sign agreements for the exchange of information with other institutions.

Article 38.-The National Executive will be able to declare it forbids partially or totally on the collections of germoplasma, being able to be general or specific these.

" As soon as a species becomes extinct no law it can make it return: it has left forever ".

Chapter III Of the conservation of the cultural Diversity Article 39.-THE State recognizes and protects the patrimonial rights and the traditional knowledge of the local communities and of the peoples and indigenous communities, in the relative thing to the Biological Diversity.

Article 40.-To the ends of this Law, there are understood by peoples local indigenous communities, which present an own identity and clearly perceptible, that is translated in cultural manifestations different from the rest of the inhabitants of the nation.

Article 41.-To the ends of this Law, they are patrimonial rights the collective rights of property and of control of the resources, associated with the forms devida, that physical and intellectually they belong to the only identity of a traditional community, people or indigenous community, with which there part his own existential and cultural manifestations.

Article 42.-They Are community laws, the faculty of disposition of the knowledge, innovations and past, current or future practices, which shape the intellectual collective property of the peoples and indigenous communities.

Article 43.-The State recognizes the local communities and indigenous peoples the right that is present them to deny his assent to authorize the compilation of biotic and genetic materials, the access to the traditional knowledge and the plans and projects of biotechnological nature in his territories, without having obtained before the sufficient information about the use and the benefits of all this. They will be able equally, to demand

the elimination of any activity, if there is demonstrated that this one affects his cultural heritage or the Biological Diversity.

Article 44.-The local communities and the indigenous peoples have the obligation to cooperate with the public competent institutions in the conservation of the Biological Diversity.

Article 45.-The State will promote the utilization of the community knowledge and of the patrimonial rights of the local communities and indigenous peoples, orientated to the collective benefit of the country.

Likewise, it will strengthen the development of the knowledge and the innovative capacity for his joint to the cultural, social and productive systems of the country.

IV TITLE OF THE MITIGATION OF ADVERSE IMPACTS Article 46.-The activities, programs and projects capable of causing hurts to the Biological Diversity and his components, only will be able to be authorized by the Department of the Environment and of the Natural Resources and other competent authorities, previous authorization of a Study of Environmental Impact or Environmental Evaluations, by the favorable opinion of the Department of the Environment and of the Natural Resources.

Article 47.-In the cases foreseen in the previous Article, the competent authority will open processes of public consultation with the participation of the local communities and not governmental organizations and academic institutions linked with the matter.

Article 48.-The Department of the Environment and of the Natural Resources will realize the inventories of Biological Diversity in the areas and degraded ecosystems and in process of degradation, to the ends of defining, of planning and supervising the processes for his restoration and recovery.

Article 49.-The Department of the Environment and of the Natural Resources has the duty to check the fulfillment of the recommendations and proposed measures, enmateria of Biological Diversity of any project that has been an object of Study of Environmental Impact.

Article 50.-The accomplishment of potentially risky activities for the biological diversity will be submitted to the prerequisite of production of plans of contingency that guarantee the environmental safety. The financing of the above mentioned Plan corresponds to the natural or juridical person who executes the activity. The National Executive will establish the complementary regime with indication of the activities submitted to the notable requirement, the methodological orientations for his production and the mechanisms of follow-up and control.

Article 51.-In case of accidents that cause serious hurts to the Biological Diversity, the National Executive will have to put immediately in execution the respective plans of contingency to mitigate and to control the environmental hurts.

Article 52.-The National Executive will demand the natural and juridical persons, who realize activities that they affect or could affect the Biological Diversity, the subscription of an insurance policy that covers the possible environmental hurts.

Article 53.-The Republic, by means of the subscription of international agreements, will establish the reciprocal measures that must be put into practice, in order to do of mutual knowledge the accidents or events that could cause hurts to the Biological Diversity, as well as the immediate activation of the respective plans of contingency.

TITLE V OF THE IDENTIFICATION AND ECONOMIC VALUATION OF THE BIOLOGICAL DIVERSITY Chapter I Of the Identification and Evaluation of the Biological Diversity Article 54.-The Department of the Environment and of the Natural Resources, across the National Office of Biological Diversity it will implement a program for the identification, record and evaluation of the components of the Biological Diversity, to the ends of shaping a database on the information of Biological Diversity, which will develop in the following levels: 1. Diversity of Ecosystems.

2. Diversity of species and number of individuals.

3. Diversity of Genetic Resources.

4. Environmental services.

5. Diversity of associate intangible knowledge.

The Only paragraph: The Department of the Environment and of the Natural Resources will establish the mechanisms that allow the compilation, systematizing and exchange of the resultant information about Biological Diversity available in the country.

Article 55.-The Regulation of this Law will develop the mechanisms for the implementation of a system of record and information.

Article 56.-In the summary or update of the information, will give itself priority to the components of the Biological Diversity that present characteristics of fragility, progressive degradation or be on the verge of extinction.

Article 57.-The authorities of the National Power, Estadal or Police officer, of conformity with his respective competitions, will collaborate with the National Office of the Biological Diversity, in the relative thing to the inventory of the Biological Diversity present in his jurisdiction.

Article 58.-The Department of the Environment and of the Natural Resources across the National Office of Biological Diversity will establish the criteria, indicators and parameters to evaluate the Biological Diversity, with base to the scientific updated information.

Article 59.-The Department of the Environment and of the Natural Resources will have to authorize his criteria, parameters and indicators of sustentabilidad, to the accepted ones for the community, Andean and Caribbean of countries of the Amazonian areas, always and when they do not affect the quality and integrity of the Biological Diversity of the Venezuelan territory.

Article 60.-The natural or juridical, public and private persons, will have to put to the disposition of the National Office of the Biological Diversity the information relative to the Biological Diversity and his components, stopping to except his rights of intellectual property or of possesing vegetables.

Chapter II Of the Economic Valuation of the Biological Diversity Article 61.-The Department of the Environment and of the Natural Resources will promote the investigation on the economic valuation of the Biological Diversity and the ecological heritage of the Republic. Article 62.-The National Executive will have to realize anually environmental audits on the Biological Diversity, to the ends of quantifying the assets and environmental liabilities of the Nation. The hurt or loss caused on the natural assets of the Nation will turn into obligation, liquid and exigible into money, for the causer of the hurt.

Chapter III Of the economic and fiscal stimuli Article 63.-The National Executive will stimulate and stimulate the activities directed the protection and sustainable use of the Biological Diversity and of the genetic resources, with the participation and collaboration of other organs of the public power and of the civil society.

Likewise, it will establish, of conformity with the conditions established in this Law, a system of stimuli and incentivostributarios, credit and economic and the mechanisms of supervision and control of the modalities that stem from such a component.

Article 64.-The conservation of the Biological Diversity in his natural conditions and the environmental services that from them stem they will cause compensatory rights to the municipalities and communities that support it and, the Executive one National, previous checking, it will pay it economically in an equitable way.

Article 65.-The natural and juridical, public or private persons, who aspire to have the incentives recounted in this Chapter, will have to expire with some of the following conditions: 1. To be owners of lands who preserve in a sustainable way the Biological natural Diversity and his components.

2. To be user and environmental operator for the accomplishment of activities tending to the restoration of the habitat and animal and vegetable species, in traditionally degraded environments.

3. To be user or environmental operator who realizes his activities using methods not degrading pollutant nĂ­ or with the use of renewable, not harmful energy to the ecological or biological essential processes.

4. To be executors of programs of conservation of species on the verge of extinction, vulnerable, rare or endemic, or of programs of restoration of habitats degraded of relevancy for the country, such as morichales, swamps, forests of gallery aquatic and coral ecosystems.

5. To be a user of the products of the forest, both principal and secondary, costing him of technologies with a character probadamente sustainably, that do not cause hurts to the Biological Diversity and his components.

Article 66.-I stimulate Them credit and tributary to that this Chapter refers they are: 1. Placement on behalf of the credit agricultural portfolio dedicated to activities of conservation, investigation and sustainable use of the Biological Diversity.

2. To enjoy the same rate of bank preferential interest in the credit available portfolio for this branch.

3. Exoneration of 50 % of the payment of the Income tax, to the natural or juridical persons who execute programs or specific projects of restoration of degraded habitats yrelevantes for the country, or restoration of species on the verge of extinction, vulnerable, rare or endemic.

The Regulation of this Law, it will establish the limits of the exonerations to which this Article refers.

TITLE VL OF THE INVESTIGATION AND TRAINING Article 67.-The Department of the Environment and of the Natural Resources, across his National Office of the Biological Diversity, in coordination with the Department of Science and Technology, will establish the National Program of Investigations on Biological Diversity in which there will be included, between others, the investigation basic and applied on the genetic resources, anyone is his origin.

Article 68.-The National Executive, with the participation of organisms and entities estadales and municipal, will develop the strategies for the investigation and the technological development directed the promotion, strengthening and valuation of the traditional agriculture, methods agrosilvopastoriles, the utilization of secondary products of the forests and other alternate technologies that they tend to the sustainable use of the biological resources.

Article 69.-The Department of the Environment and of the Natural Resources, in conformity with the Department of Science and Technology, in the pertinent aspects, will establish programs of investigation on the Biological Diversity and his components. Article 70.-The Department of the Environment and of the Natural Resources, in coordination with the Department of Science and Technology and National and Experimental Universities, will determine the policies, the mechanisms and incentives, for the formation and development of the human resources, as for advance scientific and technological, related to the Biological Diversity.

Article 71.-The Department of the Environment and of the Natural Resources, in coordination with the Department of Science and Technology and with the participation of the local communities, will promote the study and the identification of technologies adapted for the conservation and sustainable use of the Biological Diversity.

TITLE Vll OF THE ACCESS TO THE GENETIC RESOURCES, THE PATENTS AND OF THE DISTRIBUTION OF THE GENERATED BENEFITS Chapter I Of the access to the genetic resources Article 72.-Every natural or juridical, national or foreign person, who tries to have access to the resources of the Biological Diversity, will have to fulfill with the dispositions contained in this Law, his Regulation, with the Common Regime deAcceso to the Genetic

Resources dictated by the Commission of the Agreement of Cartagena and other procedure that are applicable.

Article 73.-Any procedure of access to the genetic resources will need of the approval of a request, presented before the National Office of Biological Diversity, of the subscription of a contract, of the publication of the corresponding resolution and the declarative record of the acts linked with the above mentioned access.

Article 74.-The requests and contracts of access will have to contain: 1. Identification of the resources I object of the access, his possible applications, his potential uses and the eventual risks derived from them.

2. The obligation to report to the Department of the Environment and of the Natural Renewable Resources, the results and conclusions of the investigation.

3. The terms of reference of the material acceded to third parties.

4. The participation of the national investigators in the activities on genetic resources, his derivative components and of the intangible associate component.

5. The terms for the transfer to third parties of the extracted material.

6. A was guarantee to assure the faithful fulfillment of the obligations derived from the contracts of access. There are exempted of this requirement the universities and other institutes of investigation of the State.

7. Other special advantages that offer to the Republic for the access to the resources, which will be established of conformity by the international agreements and by the dispositions contained in the Regulation of this Law. Article 75.-They Constitute limitations of the access to the components of the Biological Diversity: 1. The endemismo, the rarety or the danger of extinction of the species, subspecies, varieties or races.

2. The presence of conditions of vulnerability or fragility in the structure or function of the ecosystems, which could worsen for the activities of access.

3. The adverse effects of the activities of access on the human health or on essential elements of the cultural identity of them pueblos.

4. The environmental undesirable or difficultly controllable impacts of the activities of access.

5. The eventual danger of genetic erosion caused by the activities of access.

6. The regulations on bioseguridad. 7. When it is a question of genetic resources or of geographical areas qualified like strategic for the safety and national defense.

Article 76.-To the effects of this Law, there constitute incidental contracts those who subscribe for the development of activities related to the access to the Biological Diversity, or to his derivative products.

Article 77.-The incidental contracts that they sign, will include the suspensive condition that holds his development to the fulfillment of the contract of access.

Article 78.-The Regulation of this Law will establish the procedure for the processing of requests, the space of response and the subscription of the contract of access.

Chapter II Of the patents and other forms of intellectual property Article 79.-The National Executive will grant patents for the creations or discoveries of products and procedures as for biotechnology linked to the Biological Diversity, conformity with the established in this Law, his Regulation, in the laws linked to the matter and of conformity with the Common Regime on Industrial Property, dictated by the Commission of the Agreement of Cartagena.

Article 80.-The National Executive will grant " certificate of possesing " to the persons who have created or obtained vegetable varieties, when these are new, homogeneous, distinguishable and stable and there had been assigned to them a name that constitutes his generic designation, always and when they have expired with the requirements established in the Decisions of the Agreement of Cartagena, in force for the date.

Article 81.-patents will not be granted to any form of life, genome or part of this one, but yes on the scientific or technological processes that they lead to a new product.

Article 82.-will not recognize rights of Intellectual Property on collected samples or parts of they, when the same ones should have been acquired in illegal form, or that should use the collective knowledge of peoples and indigenous local communities.

Article 83.-The National Office of the Biological Diversity will have to check the patents and other rights of intellectual property, registered out of the country, on the base of genetic national resources, in order to claim the corresponding royalties for his utilization or to claim his nullity.