Reflection on legal issues relevant to conservation and sustainable use of farm animal genetic resources in Albania

Albania declared its independence on 28 November 1912. It was proclaimed Popular Republic at the end of World War II, on 11 January 1945. For a period of about 45 years the communist regime was conducted in terms of one of the strongest Stalinist dictatorships of the time. The elections of March 1991 sanctioned the change of the political and economic system. Albania began the process of building the rule of law, based on private property, free initiative and open market. Currently Albania is part of the NATO. After having satisfied the demands of the Stabilization and Association Agreement it has applied to obtain the EU member candidate status. Albania adheres to different International Organizations such as FAO and the WTO. In order to meet the demands arising from the ratification of various Conventions on Biological Diversity such as, Cartagena Protocol on Biosafety, Nagoya Protocol etc..., Albania has started an intensive legislative process. The study object of this thesis was carried out aiming at the realization of a scientific paper that can serve to the Albanian legislator for future legislative developments on Conservation and Sustainable Use of Farm Animal Genetic Resources. The main objectives of this work are listed as follows: - Study and evaluation of the current Albanian legislation addressing issues of conservation and sustainable use of animal genetic resources for food and agriculture. - Assessment of the level of approximation of this legislation with the institutional and legal international framework and the EU legislation. - Comparative analysis of the national legislation with that of other countries of the Balkan region. - Study and development of key issues to be addressed in the middle-term legislative process in order to align the Albanian legislation with the International and EU one. - Recommendations for legislative interventions and institutional developments in order to fulfill the obligations stemming from its accession to International Organizations and / or Conventions / Protocols. The thesis is conceived and realized in the form of a document in which are treated issues related to the identification, conservation, management and sustainable economic use of biodiversity in farm animals. The study is conducted by applying a research methodology, in which are combined: (i) analysis of developments and achievements of the Albanian legislation, (ii) comparative analysis of the legislation of different countries of the region and the EU one, and (iii) evaluation of the Albanian resources and opportunities for the implementation of the Global Strategy and Plan of Action for animal genetic resources for food and agriculture. Briefly, the issues addressed are as follows: The introduction provides a summarized data of the agricultural sector in Albania. It presents a synthesis of the major reforms developed in this sector, carried during the political and economic changes occurred in Albania after the fall of the communist system and the transition, from the centrally planned economy to the free market and private initiative. The first chapter provides a general view of the agricultural policy conducted in Albania during 1990 - 2013 and the major achievements in the development of the necessary legal framework. It addresses issues related to the agriculture privatization process. Albania's strategic goal was the full privatization of the agricultural economy. Given the fact that Albania during the period of the centralized economy nationalized almost 100% of the agricultural means of production, the transition to the other extreme requested the expenditure of many energy required for drafting the legislation in support of this transformative process. It treats the main legislative developments in agriculture such as, rural sustainable development, development of free market for agricultural products, public services, food safety and products of animal origin. The second chapter presents the international legal framework relevant to Conservation and Management of Farm Animal Genetic Resources. Attention has been paid on providing information about Institutions, Agreements, Conventions, Protocols and International Organizations in which Albania adheres and / or has ratified. In such way, it settles the background in order to carry out the analysis of the Albanian actual legislation. The third chapter is dedicated to the study and evaluation of the achievements of Albania in developing the legislative and institutional framework relevant to Farm Animal Genetic Resources. It addresses the strategic priorities for conservation and use of FAnGR in Albania, the achievements obtained in the framework of FAO / Technical Cooperation Project / ALB/3001, current status of FAnGR and objectives and priorities of the Albanian National Action Plan for FAnGR. The level and quality assessment of policies, institutions and legislation that currently operate in Albania, are issues treated in this chapter. The analysis of the Albanian legal framework relevant to conservation of farm animal genetic resources is provided in chapter four. This analysis starts by briefly presenting issues related to the need for conservation of biological diversity in farm animals, while emphasizing the need to support each action, with a clear, complete, comprehensive and easily applicable legal framework. The comparative methodology was used for performing this analysis. It compared the Albanian legislation with that of other countries of the region such as, Slovenia, Serbia, Croatia and the EU legislation. Based on the results of this analysis, it addresses the key issues that should be the object of middle-term developments of the Albanian legislation. It provides the main lines and the legal concepts based on which should be treated, at the level of primary and secondary legislation, issues related to in-situ and ex-situ conservation methods and the establishment of rescue stations network. Special attention is dedicated to the treatment, in terms of the necessary legal framework, of subsidies for endangered animal breeds, aiming at finding a solution that will balance the need to preserve the indigenous genetic fund with farmer’s economic interest. Chapter five provides a detailed analysis of the Albanian legal framework relevant to sustainable use and development of FAnGR. After treating the Albanian strategic priorities and the actual legislation, the study was focused on the critical analysis of this legislation by pointing out his shortcomings, in both levels - primary and secondary. The comparative analysis of this legislation with that of other countries of the region and the EU legislation has created the opportunity to formulate directions and key issues to be addressed during the middle-term developments of the Albanian legislation. Special attention is given to issues related to the legal framework necessary for implementing breeding programs and for the establishment of Breeder Associations, because the actual legislation is unclear, inaccurate and incomplete. Albania has signed the Nagoya Protocol on Access and Benefit Sharing to FAnGR on 28 February 2013. Consequently Albania has the task to draft the necessary legislative framework in order to create the conditions to apply to the requirements of this Protocol. The analysis of the actual legislation shows that these issues are almost untreated. In these conditions, chapter six, based on the study of good practices, provides the main lines, based on which should be built the Albanian legal framework. It addresses legal issues arising in the process of administration of indigenous genetic fund, traditional knowledge, ownership right over the animal and its genes, import and export of FAnGR, patent and farmers right. Issues are treated based on the general principles of property rights and intellectual property. It identifies and highlights the specific features of the ownership of genes and / or traditional knowledge. Chapter seven is dedicated to legal issues relevant to animal welfare. It provides a synthesis of how, these issues are treated by the EU legislation and other states, such as Italy, Greece, Macedonia, Croatia, Slovenia, Romania, Bulgaria. The key issues to be treated in the middle term legislative developments are formulated based on the comparative analysis. Some of these issues are, animal welfare during transportation, slaughtering, kept in zoo, circus or pet shop and abandoned animals. Issues of institutions and capacity building to support conservation and sustainable use of FAnGR are treated in chapter eight. The necessary legal developments are expressed based on the International legal framework, FAO Guidelines and the analysis of current situation. Issues are addressed to the formulation of various ToRs for some of the important institutions operating in this field. The conclusions and study recommendations are given in chapter nine. Their objective is to offer to the Albanian legislator a synthesis of scientific information, to be used during the middle-term legislative developments, necessary to meet the requirements of Conventions, Agreements and International Organizations in which Albanian adheres and to approximate the national legislation with the EU one.