Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
EO 247

EO 247

Ratings: (0)|Views: 1|Likes:
Published by Xymon Bassig

More info:

Published by: Xymon Bassig on Oct 05, 2012
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOC, PDF, TXT or read online from Scribd
See more
See less

02/16/2014

pdf

text

original

 
Biological and GeneticResources, Order onProspecting (EO No. 247, 1995)
 
ORDER PRESCRIBING GUIDELINESAND ESTABLISHING A REGULATORY FRAMEWORK FOR THE PROSPECTING OFBIOLOGICAL AND GENETIC RESOURCES,THEIR BY-PRODUCTS AND DERIVATIVES,FOR SCIENTIFIC AND COMMERCIALPURPOSES;AND OTHER PURPOSESExecutive Order No. 247
Whereas, Section 16, Article II of the Philippine Constitution, vestsin the State the ultimate responsibility to preserve and protect theenvironment; and Section 2 Article XII, provides that wildlife, floraand fauna, among others, are owned by the State and thedisposition, development and utilization thereof are under its fullcontrol and supervision;
Whereas, it is in the interest of the State’s conservation efforts toensure that the research, collection, and use of species, genes andtheir products be regulated; and to identify and recognize therights of indigenous cultural communities and other Philippinecommunities to their traditional knowledge and practices whenthis information is directly and indirectly put to commercial use;
Whereas, under Article 16 of the Convention on BiologicalDiversity of which the Philippines is a party, each contracting partyis mandated to take legislative, administrative or policy measures,as appropriate, with the aim that contracting parties, in particularthose that are developing countries, which provide geneticresources are provided access to and transfer of technology whichmakes use of those resources, on mutually agreed terms,including technology protected by patents and other intellectualproperty right;
 
Whereas, the Department of Environment and Natural Resources(DENR) is the primary government agency responsible for theconservation, management, development, and sustainable use of the country’s environment and natural resources; the Departmentof Science and Technology (DOST), the primary agency mandatedto promote local capability in science and technology to achievetechnological self-reliance in selected areas vital to nationaldevelopment; the agriculture and aquatic resource development;the Department of Health (DOH), the agency responsible for theformulation, planning, implementation, and coordination of policies and programs in the field of health, including theresearch, regulation, and development of drugs and medicine; theDepartment of Foreign Affairs (DFA), the agency responsible forpromoting international relations;
Whereas, an inter-agency approach is the most appropriate way of regulating the research, collection, exploitation and use of biological and genetic resources;Now, therefore, I, Fidel V. Ramos, President of the Republic of thePhilippines, by virtue of the powers vested in me by Law and theConstitution, do hereby order:
 
Section 1 Policy of the State
 
It shall be the policy of the State to regulate the prospecting of biologicaland genetic resources so that these resources are protected andconserved, are developed and put to the sustainable use and benefit of the national interest. Further, it shall promote the development of localcapability in science and technology to achieve technological self-reliance in selected areas.
 
Section 2 Consent of Indigenous Cultural Communities
 
a.Prospecting of biological and genetic resources shall be allowedwithin the ancestral lands and domains of indigenous culturalcommunities only with the prior informed consent of suchcommunities; obtained in accordance with the customary laws of the concerned community.b.Prospecting of biological and genetic resources shall be allowedonly with the prior informed consent of the concerned localcommunities.
Section 3 When Research Agreement is Necessary
 
 
 The prospecting of biological and genetic resources shall be allowedwhen the person, entity or corporation, foreign or domestic, undertakingsuch activities, on recommendation of the Inter-Agency Committee onBiological and Genetic Resources, has entered into a ResearchAgreement with the Philippines government, represented by the DENR,DOH, DA, or DOST, depending on the nature and character of theprospecting activity. For purposes of this Executive Order, traditionaluses of biological resources by indigenous and local communities shallnot require a Research Agreement.
 
If the research and collection of biological and genetic resources isintended, directly or indirectly for commercial purposes, the agreementmust be a Commercial Research Agreement. For purposes of thisExecutive Order, all Research Agreements with private persons andcorporations, including all agreements with foreign or internationalentities, shall conform with the minimum requirements of a CommercialResearch Agreement.
 
If the prospecting of biological and genetic materials is intendedprimarily for academic purposes, the agreement shall be an AcademicResearch Agreement. Only duly recognized Philippines universities andacademic institutions, domestic governmental entities, andintergovernmental entities may apply for an Academic ResearchAgreement.
 
Where the Commercial or Academic Collector is merely an agent ormerely collecting for another person or entity, the agreement betweenthe Commercial Collector and the Principal must be reviewed by theInter-Agency Body to determine the latter agreement does notundermine the substantive requirements of this Executive Order.
 
Section 4 Application for Academic Research Agreement andCommercial Research Agreement
 
 The applicant first submit an application for a Research Agreement tothe Inter-Agency Committee on Biological and Genetic Resourcesthrough the Protected Areas and Wildlife Bureau (PAWB). It must includea research proposal stating the purpose, source of funds, duration, and alist of biological and genetic materials and the amount to be taken. Therequisites for research agreements are in Appendix B.
 
For Academic Research Agreement, the proposal may be broader andmore general in character as provided inSection 5(m).
 
A copy of the proposal must be submitted to the recognized head of thelocal or indigenous cultural community or communities that may be

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->