PROJECT DOCUMENT 1.1 Project Title: Panama: Consolidation of
Transcription
PROJECT DOCUMENT 1.1 Project Title: Panama: Consolidation of
PROJECT DOCUMENT SECTION 1: PROJECT IDENTIFICATION 1.1 Project Title: Panama: Consolidation of national capacities for full implementation of the Cartagena Protocol on Biosafety in Panama. 1.2 Project Number: GFL/ PMS: 1.3 Project Type: MSP 1.4 Financing: GEF 1.5 GEF strategic objectives: Long term strategic objective: GEF strategic programme: ADDIS N° 00369. GEF ID N° 3631 BD1 BD-SP6 1.6 UNEP Priority: Environmental governance 1.7 Geographic Scope: National 1.8 Execution Model: External 1.9 Organization for Execution of the Project: National Environmental Authority (ANAM) 1.10 Project Duration: 1.11 Project Cost GEF Trust Fund Effective Co-financing In Cash: ANAM ARAP AUPSA INDICASAT MIDA MINSA SENACYT Cash co-finance sub-total - Panama 48 months Commencing: Sept 2011 Completion: Sept 2015 US$ 1,954,927 100% 954,927 49% (A) 1,000,000 51% (B) 170,000 5,000 5,000 5,000 5,000 5,000 5,000 200,000 17% of (B) 0.5% of (B) 0.5% of (B) 0.5% of (B) 0.5% of (B) 0.5% of (B) 0.5% of (B) 20 % of (B) 1 In kind: ANAM ARAP AUPSA INDICASAT MIDA MINSA SENACYT In-kind co-finance sub-total Total 307,700 82,700 82,700 81,700 82,000 80,800 82,400 800,000 US$ 1,954,927 30.77% of (B) 8.27% of (B) 8.27% of (B) 8.17% of (B) 8.20% of (B) 8.08% of (B) 8.24% of (B) 80 % of (B) 100% 1.12 Project Summary 1. The Republic of Panama ratified the Cartagena Protocol, with Law Nº 72 of December, 26, 1991 and then with Law Nº 48 of August, 2002 as its main application tool. This latter law establishes the National Biosafety Commission for LMO, defines institutional competences, and establishes the creation of sectorial committees in the agricultural, environmental and public health sectors. Besides, it establishes a framework for the development of specific regulations at sectorial level. 2. Through the UNEP-GEF Project for the development of a national Biosafety framework, proposals for Biosafety regulations were created and recommendations included modifications to Law 48 of 2002, in order to update the current regulating framework. ANAM has also proposed to incorporate the application of the Cartagena Protocol as an action line within the National Environmental Plan, supported by the IDB in 2008. 3. ANAM also approved, between 2005 and 2009, nine environmental public policies, among them: environmental information; auditing, control and supervision; environmental management decentralization; and biodiversity. The national biodiversity policy, through the conservation for sustainable development strategy and its policy orientations for 2004-2009, highlights the need for the establishment of a biosafety regulating framework in Panama. 4. The National Environmental Strategy “Environmental Management for Sustainable Development 2008 -2012” in guideline 1, objective 1 explains the consolidation of the legal framework and environmental policies, specifically the Biosafety Regulating Framework and the elaboration of the biosafety policy and its plan of action. Objective 2 prioritizes the functioning of the BCH National Website and the creation of a scientific base on which to consolidate the Scientific, Technological and Environmental Research Network. In guideline 4 of this strategy, one of the measures for conservation and appropriate use of biodiversity includes the implementation of the Biosafety Regulating Framework and the establishment of Biosafety Information Centres. 5. The current Project will help to consolidate national capacities for the full implementation of the Cartagena Protocol on Biosafety (CPB) of the Convention on Biological Diversity (CBD) in Panama. The emergence of new technologies in the mid 80’s, among them, crops based on Living Modified Organisms (LMO), together with conventional technologies, will contribute to increase production, productivity and quality of the agricultural products in those countries that adopt them. LMO crops cause controversies because of the potential risks they may cause to biodiversity, farming activities, the environment and human health. Panama has progressed with the adoption of appropriate biosafety measures and has revised the national regulations. 2 6. Panama, through the National Environmental Authority (ANAM), the country’s focal point before the CBD and the CPB, is responsible for implementing the “National Biosafety Framework” according to criteria of efficiency, transparency, equity, competitiveness and participation of all involved actors in the different consultation and elaboration stages. 7. The National Biodiversity Strategy establishes the fundamental need, in the short term, for creating an appropriate mechanism for the adoption of decisions on the safe transfer, handling and use of LMO. 8. Panama has national regulations related to biosafety, such as: Law N° 2 of January 12, 1995, by which Panama ratifies the Convention on Biological Diversity; Law N° 72 of December 26, 2001, which ratifies the Cartagena Protocol on Biosafety of the Convention on Biological Diversity; Law N° 47 of July 9, 1996, which establishes phytosanitary protection measures and adopts other regulations; Executive Decree N° 137 of May 29, 2001, which creates the National Biosafety and Bioethics Commission; 5. Law Nº 48 of August 8, 2002, which creates the National Biosafety Commission for Living Modified Organisms and establishes other regulations. 9. Panama has expressed interest in receiving support from GEF for the implementation of the Cartagena Protocol and the rest of specific regulations, including the implementation of Law Nº 48 of August 8, 2002, the implementation of which has been delayed because the National Biosafety Commission for LMOs has not yet been set up; neither the 5 civil society members that will be part of the Commission nor the members of the Environmental and Agricultural Biosafety Sector Committees have yet been appointed. This situation has partly affected the implementation and progress of the topic in the country. Nevertheless, the National Committee for Information Exchange in Biosafety, a technical group involved in the execution of two previous UNEP/GEF projects (NBF Development and BCH), has substituted as the entity through which biosafety issues are considered and coordinated, and has functioned relatively well. In order to consolidate this group’s role, however, a proposal exists (to be taken forward in this project) to create the National Biosafety Technical Committee (NBTC) as a more operative and representative body that will replace the National Biosafety Commission to function as the country’s sole biosafety coordination mechanism. 10. Thus, despite making some progress, problems with the safe transfer, handling and use of LMO still persist in the country. These point to possible risks of “environmental pollution” and biodiversity impacts due to the unauthorized use and transportation into the country of LMOs. Public and private actors that participate or should participate in the biosafety of LMOs, by-products and products containing them, or in transportation processes from their production or import sites to commercialization points and final use sites, have not yet been defined. There is a lack of technical guidelines to control actual LMO importation process (grains, seeds or any other reproduction material) and to undertake the evaluation process and risk management in transfer, handling and use with export countries, in the terms foreseen in the CPB. 11. In general terms, existing capacities in the country regarding biotechnology and biosafety are limited. Everything related to the management, elaboration of regulations, regulatory compliance, methodologies for the due assessment of risks and the R+D component on these topics are very limited. The country does not have a National Policy for Development of Biotechnology and Biosafety. 12. The current Project aims to achieve the effective application of the CPB by implementing Panama's national biosafety regulatory framework and developing national capacities to properly handle Living Genetically Modified Organisms (LMO) for the safeguard of biodiversity. It specifically supports key priorities for reducing adverse effects to biodiversity, human health and negative socioeconomic impacts and fosters sustainable environmental development. Likewise, it contributes to the efforts of 3 the Government of Panama to achieve one of the Millennium Development Goals: ensure environmental sustainability through the integration of sustainable development into country policies and programmes, reverse the loss of natural resources, specifically global importance biodiversity. This Project is also fully in line with the Plan of Action for Capacity Building of the CPB, adopted during the first COP MOP and modified during COP MOP IV. 13. Under the GEF’s Biodiversity Focal Area, the Project falls under Strategic Programme-6 but is also related to Strategic Programme-1 through: (i) development of new capacities within ANAM for coordination, monitoring, and supervision of Biosafety activities in the use of LMO; (ii) establishment of criteria for activities with LMO (iii) establishment of capacity for long term sustainability for biosafety; (iv) public/private capacity building; and (v) increase ANAM’s income base for monitoring and management of LMO, as well as alternative financial mechanisms (e.g., research, among others). Likewise, the Project promotes SP2 (Mainstreaming into Productive Sectors) strengthening the capacity of ANAM, producers, NGOs and academic institutions for: (i) development of procedures and regulations for the use of LMO at the local and national levels; (ii) help key actors in the implementation of the CPB; (iii) promote principles and processes of natural resources administration and protection of biodiversity in rural development. 14. Additionally, the Project will offer support for biodiversity conservation, avoiding the inadequate use of LMO, as well as offering alternatives that generate environmental benefits at the local, national, and global levels, and changes in soil use practices that reduce threats and overexploitation of critical ecosystems, including buffer zones and ecological corridors of global importance. 15. The Project seeks to attain the alternative scenario of reducing the risks to biodiversity posed by LMOs and will considerably increase global benefits by allowing Panama to fully exert its rights and obligations under the CPB. The country has strengthened biodiversity protection measures at the national and local levels, through the creation of protected areas, increasing from 65 management units in 2006 to 89 in 2009. To reach global value biodiversity protection and work together with productive sectors, additional support is required which will be covered by GEF, as part of the strategy to take protection measures additional to those taken in normal circumstances. 16. The national government will cover costs for maintenance of the baseline and could manage to move on with or without the GEF Project, but the incremental cost will be assumed by GEF, since the country cannot be responsible on its own. Both the Government and GEF will assume the intervention costs; that is to say, co-financed by the country and GEF, since it is understood that the creation of institutional and inter-sectorial capacities for the implementation of the CPB will increase. 4 TABLE OF CONTENTS SECTION 1: PROJECT IDENTIFICATION .......................................................................................................... 1 SECTION 2: BACKGROUND AND SITUATION ANALYSIS (BASELINE COURSE OF ACTION) ............ 8 2.1. 2.2. 2.3. 2.4. 2.5. 2.6. 2.7. BACKGROUND AND CONTEXT .................................................................................................................... 8 GLOBAL IMPORTANCE ................................................................................................................................. 9 THREATS, CAUSES, AND BARRIER ANALYSIS.............................................................................................. 10 INSTITUTIONAL, SECTORAL AND POLICY CONTEXT .................................................................................. 12 STAKEHOLDER MAPPING AND ANALYSIS ................................................................................................... 18 ANALYSIS OF BASELINE AND GAPS ............................................................................................................ 21 LINKS WITH OTHER GEF AND NON-GEF INTERVENTIONS ......................................................................... 24 SECTION 3: INTERVENTION STRATEGY (ALTERNATIVE) ....................................................................... 25 3.1. 3.2. 3.3. 3.4. 3.5. 3.6. 3.7. 3.8. 3.9. 3.10. 3.11. PROJECT JUSTIFICATION, POLITICAL ACCEPTANCE AND EXPECTED BENEFITS FOR THE WORLD ENVIRONMENT .......................................................................................................................................... 25 PROJECT’S GOAL AND OBJECTIVES ........................................................................................................... 29 PROJECT COMPONENTS AND EXPECTED RESULTS....................................................................................... 30 INTERVENTION LOGIC AND KEY ASSUMPTIONS .......................................................................................... 33 RISK ASSESSMENT AND MEASURES FOR RISK MANAGEMENT ..................................................................... 35 CONSISTENCY WITH NATIONAL PRIORITIES AND PLANS ........................................................................... 38 INCREMENTAL COST REASONING .............................................................................................................. 40 SUSTAINABILITY ....................................................................................................................................... 44 REPLICATION ............................................................................................................................................. 45 PUBLIC AWARENESS, COMMUNICATIONS AND MAINSTREAMING STRATEGY .............................................. 45 ENVIRONMENTAL AND SOCIAL SAFEGUARDS ............................................................................................ 46 SECTION 4: INSTITUTIONAL FRAMEWORK AND IMPLEMENTATION ARRANGEMENTS.............. 47 SECTION 5: STAKEHOLDER PARTICIPATION .............................................................................................. 49 SECTION 6: MONITORING AND EVALUATION PLAN ................................................................................ 49 SECTION 7: PROJECT FINANCING AND BUDGET ........................................................................................ 51 7.1. 7.2. 7.3. OVERALL PROJECT BUDGET ....................................................................................................................... 51 PROJECT CO-FINANCING ............................................................................................................................ 51 PROJECT COST EFFECTIVENESS .................................................................................................................. 52 APPENDICES............................................................................................................................................................ 53 5 ACRONYMS AND ABBREVIATIONS ANAM ARAP AUPSA BCH CATIE CBD CPB DAPVS DINASA ENA EOU FTA GEF ICGES IDIAP IICA INDICASAT ISAAA JIA LMO M&E MEF MICI MIDA MINREX MINSA NBC NBF NBTC NEA NGO NPC OIRSA PHBB R+D SENACYT UNARGEN National Environmental Authority Aquatic Resources Authority of Panama Panamanian Food Safety Authority Biosafety Clearing House Centre for Tropical Agricultural Research and Teaching Convention on Biological Diversity Cartagena Protocol on Biosafety Direction of Protected Areas and Wild Life (of ANAM) Direction for Animal Health National Environment Strategy (in Spanish: Estrategia Nacional del Ambiente) Evaluation and Oversight Unit of UNEP Free Trade Agreement Global Environment Facility Gorgas Memorial Institute of Tropical and Preventive Medicine Agricultural Research Institute of Panama Inter-American Institute for Cooperation on Agriculture Institute for the Development of Innovation, Science and Technology International Service for the Acquisition of Agri-Biotech Applications Inter-American Agricultural Board Living Modified Organism Project Monitoring and Evaluation Ministry of Economic and Finance Ministry of Trade and Industry Ministry of Agriculture Ministry of Foreign Affairs Ministry of Health National Biosafety Committee National Biosafety Framework National Biosafety Technical Commission National Executing Agency Non-Governmental Organization National Project Coordinator International Regional Organization of Agricultural Sanitation Hemispheric Programme on Biosafety and Biotechnology Research and Development Secretary of Science and Technology and Innovation Unit for Access to Genetic Resources UNDAF UNEP UP United Nations Development Assistance Framework United Nations Environmental Programme University of Panama 6 USMA WHO Santa Maria La Antigua University World Health Organization 7 SECTION 2: BACKGROUND AND SITUATION ANALYSIS (BASELINE COURSE OF ACTION) 2.1. Background and Context 1. The National Biodiversity Strategy (2000) establishes the priority need, at the short term, for the creation of an appropriate mechanism for adoption of decisions on the safe transfer, handling and use of Living Modified Organisms (LMO). The Republic of Panama ratified the Cartagena Protocol on Biosafety through Law 72 of December 28, 2001. Later on, Law 48 of August 8, 2002 is approved. Currently, there are proposals for the Modification of Law 48 of 2002 and drafts for Executive Decrees regulating such Law at the sector level. 2. In early 2001, the Ministry of Agriculture (MIDA), created the National Biosafety and Bioethics Commission ad hoc, through Executive Decree No.137, of May 24, 2001, with the purpose of disseminating and creating awareness on the different relevant aspects of its nature and for promoting public actions tending to achieve the approval of Draft of the Law: “by which establishes national regulations for the development of genetic engineering activities and application of corresponding biosafety measures” y “which institutes the Biosafety and Bioethics National Code”. Both discussion and analysis processes were key and served as the base for approval of Law 48 of August 8, 2002, “Which creates the National Biosafety Commission for Living Modified Organisms and establishes other regulations”. 3. The National Environment Authority (ANAM) is the National Focal Point for the Convention on Biological Diversity (CBD) and for the implementation of the Cartagena Protocol on Biosafety (CPB). Additionally, it is the Political and Operational Focal Point of the Global Environment Facility (GEF). ANAM is responsible for implementing the “National Biosafety Framework” (NBF) according to criteria of efficiency, transparency, equity, competency and participation for all involved actors. 4. With funding from GEF, through UNEP, the ANAM has executed two biosafety projects. The first (“Development of a National Regulating Biosafety Framework for Panama”, known as the NBF Development project) was a global initiative to assist developing countries to prepare for the entry into force of the Cartagena Protocol on Biosafety (GEF/C.16/4). This project initiated in July 2005 and lasted for 27 months ending in October 2007; its budget consisted in US$119,000 from the GEF and US$ 59,000 as national government allocation (co-finance). The project initiated in July 2005 and officially ended in June 2008, with the submission to UNEP of a draft NBF. 5. Through the NBF Development Project, a Draft of a National Regulating Framework for Biosafety was generated, in addition to two overarching diagnostic studies: Diagnosis of Current Situation of National Institutional Capacity for Development on Biotechnology and Biosafety of LMOs in Panama; and the Diagnosis of Trade of Transgenic Products in Panama. Proposals for a Training Programme in Biosafety and for a preliminary database were also produced. Importantly, gaps in the legal framework were identified and options to modernize it were put forward, with the intention of allowing to Panama to authorize, follow-up and monitor all LMO movements transiting through national territory. 6. Institutions such as MIDA, MINSA, ARAP and AUPSA have incorporated biosafety and LMOs as part of their functions, with MINSA forming 10 years ago a Biosafety Committee with an ample mandate for biological safety under which LMOs can be (and are) considered, and MIDA creating an internal group for coordination and discussion purposes for any concerns or decisions over biosafety that need to be taken institutionally. 7. The second UNEP-GEF project, "Building capacity for the Effective Participation in the Biosafety Clearing House (BCH)", consisted in an add-on project (for the sum of US$ 49,000) complementary to the 8 NBF Development project, through which 9 training workshops took place. Panama’s BCH web page www.bch.gob.pa was designed and made operational, as part of the country’s commitment to maintain interested parties informed about biosafety. 8. The Biosafety Committee of Panama, created and formalized as a result of the BCH project, is the only institutionalized group with legal backing, able to exert an “official voice” in biosafety matters. This Commission is currently following-up on the research projects for contained use of transgenic salmon that the company Aqua Bounty of Canada is carrying out in the area of Bajo Mono in Boquete (western Panama) and on guidance concerning a transgenic mosquito development project. 9. The National Environmental Strategy (ENA, in Spanish)“Environmental management for sustainable development 2008 – 2012”, has four strategic guidelines, of which Guideline 1 (Strengthen the capacity of ANAM to perform its duties regarding environmental matters) aims to consolidate the environmental legal framework and public policies. Under this Guideline, the elaboration and execution of the national biosafety public policy, plan and programme have been prioritized, as well as the start of the BCH. Likewise, Guideline 4 highlights: Protection, recovery, restoration and improvement of ecosystems to contribute to sustainable development, understood as a general improvement of population wellbeing and generation of employment. This guideline considers a priority the implementation of the Biosafety Regulating Framework and the establishment of Biosafety Information Centres within the country. 10. Despite Panama being well geared towards the implementation of regulations that establish commitments and responsibilities to boost socioeconomic and commercial development, there is a need to strengthen coordination and support among all institutions responsible for biosafety, ensuring that commercial contracts and agreements do not contravene the spirit and objective of the current national biosafety regulations, as a guarantee for all inhabitants of the country, regarding the safety of LMO transfer, handling and use. 11. The interest of institutions in the establishment of rules and regulations has increased, as is the case with ANAM and ARAP, as have the actions of monitoring research projects using transgenic organisms, for instance by ARAP. However, increased institutional capacity is still required to meet the demand for applications in the research field. Likewise, there still remains a need to adopt the national legal framework for the biosafety, after a long process of consultation and development of proposals for consensus, with the participation of public institutions, academia and research entities, with the creation of normative units and resource allocation. 2.2. Global Importance 12. Panama is a medium-high level income country acting as a bridge between North and South America, located in the middle of the Atlantic and Pacific Oceans. About 40% of its population is poor or very poor, making it one of the countries of the region with the highest inequalities. It is also one of the countries with the highest biological diversity in the world, home to more than 10,400 plant species (1,300 endemic and 600 endangered), that face serious threats for conservation of natural habitats. Of the vertebrate species (2,950), more than 100 are endangered and 121 are endemic (and a much larger number share their endemic origin only with Colombia or Costa Rica). Almost ten percent (10%) of bird species at a global level are found in Panama, and twelve (12) bird species are found only in Panama. Of the twenty (20) bird species considered endangered, four are endemic and nine can only be found in one other country. Almost fifty (50) amphibious species are endangered, many of which are in critical danger in Panama and neighbouring Costa Rica. These include numerous species of small and colourful arboreal frogs and poisonous frogs, which have turned into a biodiversity symbol. The habitat of salamander Oedipina maritima, critically threatened, is less than ten (10) km2 and declining. Panama is also home to a substantial population of jaguars and harpy eagles, which require large territories covered with native vegetation in order to survive. 9 13. For centuries, agriculture was the dominant economic activity for most of Panama's population; after construction of the canal, however, agriculture declined. Panama’s agriculture caters mostly to internal markets, though it has three key export crops: bananas as the leading export item, followed by sugar and coffee which has steadily expanded since the 1980’s. Rice and corn production have also increased, to the extent that Panama is self-sufficient in bananas, sugar, rice, corn (also used for poultry feed) and coffee, but has to import large quantities of other foods. Typical food imports are wheat and wheat products, because climatic conditions preclude wheat cultivation. 14. Panama's land area totals approximately 7.7 million hectares, of which forests account for 4.1 million hectares, followed by pasture land and permanently cultivated field. Nearly all of the currently cultivated and pasture land was originally forested, resulting in a large amount of virgin tropical forest being opened up through slash-and-burn practices. 15. Panama's climate and geology impose major constraints on the development of agriculture. Heavy rainfall throughout the year prevents cultivation of most crops on the Atlantic side of the continental divide. The Pacific side has a dry season (December to April) and accounts for most of the cultivated land. The mountainous terrain also restricts cropping. In addition, the country does not have high quality soils. Most of the areas classified as cultivable are so considered on the assumption that farmers will practice conservation measures, but many do not. The topsoil is thin in most areas, and erosion is a serious problem. Given these challenges, biotechnology has the potential to provide agricultural solutions to problems of productivity, in order to reduce the threats from unregulated and unsustainable practices. 16. Panama, like other countries of the Mesoamerican region, is nevertheless a centre of origin and improvement of crops such as: corn, bean, potato, tomato, green pepper, pumpkins, manioc, yam, sweet potato, cotton, tobacco, pineapple, cocoa, rubber, pepper and many other tuber, roots, cereals, fruits, medicine and plants of other use.1 These crops are currently part of the diet and food habits of millions of inhabitants in the region. 17. The agricultural diversity of Panama can be threatened by the possibility of modified gene transfer to wild plants at the local level, since inserted genes have greater opportunity of passing on to other plants, jeopardizing still existing genetic resources. Well managed LMO crops, subject to biosafety measures and risk management, however, have the potential of alleviating still untouched ecosystems from extensive and polluting agricultural practices. 18. Releasing LMO to the environment will be the greatest threat towards native species, since it is impossible to contain natural crossbreeding between related plants, mainly by means of pollen, which may fertilize sexually compatible plants in a determined area. Aquatic ecosystems are highly vulnerable to productive activities with LMO, especially in lotus ecosystems that include endemic species or those populations which are very low and may be threatened by the introduction of transgenic aquatic organisms, competing for space and food. Any inappropriate release to the environment of a LMO, no matter how small, may cause serious impacts to biodiversity, human health and local and national economy. 2.3. Threats, causes, and barrier analysis 19. Threats and their root causes identified are shown in the next chart, as well as the barrier analysis. Threats may be classified in relation to systemic or institutional capacities, or to political-legal and technical factors. 1 www.ecoportal.net “Centers of origin and diversity shall be transgenic free regions 30-03-08 By Ymelda Montoro and Germán Vélez * 10 Chart 1. Threats, causes and barrier analysis THREATS 1. Escape and dispersion of transgenes from taxonomically related or similar species, between individuals of the same species or that are sexually compatible 2. Inadequate infrastructure and equipment for doing LMO research or analyses. CAUSES OF THREATS 1.1 Risk assessments for the introduction of LMO into the country have not been carried out, and/or risk management (biosafety) measures are not applied. BARRIER ANALYSIS 1.2.Law 72 of 2001 and Law 48 of 2002 to be regulated 2.1 Current research facilities do not have biosafety measures 2.2. Lack of infrastructure, equipment, reagents and supplies for sampling and detection protocols. 2.3. Law 72 of 2001 and Law 48 of 2002 to be regulated 2.4. Deficient infrastructure and equipment for developing research. 3. Ignorance on biosafety procedures and 3.1. There are no clear procedures for carrying out risk assessment. 3.2. Law 72 of 2001 and Law 48 of 2002 to be requirements, by both users and regulators regulated 4. Lack of identification and documentation for 4.1. Information for the introduction of LMO does not indicate they 4.2. Law 72 of 2001 and Law 48 of 2002 to be verifying introduction of LMO in the country. are LMO. Very few or no control and monitoring custom measures. regulated, specifically, labelling and other information on LMO 5. Lack of knowledge by consumers and decision 5.1. Little public disclosure and awareness on LMO. 5.3. There is no public awareness strategy related to makers about LMO topics in the country. 5.2. There is no information on possible environmental and use and release of LMO; biodiversity contamination risks due to the use, transport and 5.4. Lack of scientific information on impact and handling of LMO. loss of biodiversity and human health effects due to environmental release and use of LMO. 6. Inter-institutional and inter-sectoral coordination 6.1. Lack of coordination, at the government level, for ensuring a 6.2. Lack of political will and decision for enforcing mechanisms are inoperative. country position at national and international forum. Law 48 of 2002. 7. Lack of coordination for processing requests by 7.1. There is no Biosafety System. 7.4 Little capacity or little specialization of Units some entities and lack of qualified personnel for 7.2. Incomplete institutional and administrative procedures processing permits. taking care of biosafety issues in related 7.3. More intra-institutional coordination is needed 7.5 Legal, institutional and sectoral gaps. institutions. 8. Introduction of LMO without risk analysis and 8.1. Recommendations are not fully followed and specific funds for 8.4. Biosafety is not an operative priority, even little capacity to carry out biosafety assessments taking care of these issues have not been allocated. though it is part of the environmental policy. 8.2 Limited technical capacity to carry out environmental risk 8.5. Not enough availability of human resources assessments and LMO food safety assessments. involved in biosafety. 8.3. Little information availability 8.6. Need for trained human resources 9. Lack of information on management of research 9. 1. Databases related to biosafety management which support the 9.2. The research private sector does not know about and private sector use of LMO. BCH are incomplete. laws and CPB, or about Law 48 of 2002. 10. Limiting factors in LMO, their by-products and 10.1 Characterization of sector level procedures is missing. 10.2 Law 48 of 2002 to be regulated product flow systems have not been identified for their safe mobilization in Panama. 11. Missing information on possible LMO private 11.1 Private sector that participates or may participate in the use of 11.2. Direct speakers between authorities and private sector users. LMO and their by-products and products (including handling and sector are not clear about procedures. mobilization processes) remains secretive and does not pass on 11.3. Lack of information in the private sector information. regarding LMO. 12. Lack of technical guidelines ruling the current 12.1 Lack of technical guidelines ruling the current LMO 12.2 Law 48 of 2002 to be regulated LMO importation process importation process (seeds, eggs or other reproductive material) for risk assessment and management in LMO transfer, handling and use. 11 2.4. Institutional, Sectoral and Policy Context 20. The Cartagena Protocol on Biosafety (CPB) was adopted in 2000 as a supplementary agreement to the Convention on Biological Diversity (CBD) of 1992 and entered into force on September 11th, 2003. The government of Panama ratified the CPB by Law 72 of December 26, 2001, published in Official Gazette 24,460. The objective of the CPB is “to contribute in guaranteeing an adequate level of protection regarding the safe transfer, handling and use of living modified organisms resulting from modern biotechnology that may have adverse effects for conservation and sustainable use of biological diversity, also considering risks to human health and specifically focusing on transboundary movement”. 21. The Republic of Panama has been carrying out efforts for the last 7 years to adjust the national regulation related to the biosafety regulating framework to face and foster the best use of modern biotechnology and its wide potential in agriculture, human health, environment and industry. There have been advances leading to implementing the CPB, such as: approval of Law 48 of August 8, 2002, which creates a National Biosafety Commission (NBC) for LMOs and establishes other regulations, in order to establish and coordinate Panama’s State policies regarding regulation and handling of LMOs as well as their products and by-products, for preventing risks and for minimizing impacts on the environment, biological diversity, human health and agricultural production that may be caused as a result of activities with these organisms. At the sectorial level, regulations have been proposed to implement Law 72 of 2001 and Law 48 of 2002. 22. Currently, there exist 8 government entities (government sector) listed below, having direct competence with the implementation of the Cartagena Protocol on Biosafety, according to Law 48 of August 8, 2002 and other legal regulations. Their roles are more fully described in section 2.5. Ministry of Agriculture (MIDA, in Spanish) Ministry of Health (MINSA, in Spanish) Ministry of Commerce and Industry (MICI, in Spanish) National Environmental Authority (ANAM, in Spanish) National Secretariat of Science, Technology and Innovation (SENACYT, in Spanish) Agricultural Research Institute of Panama (IDIAP, in Spanish) The Gorgas Memorial Institute of Tropical and Preventive Medicine (ICGES) Ministry of Foreign Affairs (MINREX, in Spanish) 23. The National Environmental Authority (ANAM), created by General Law 41 of 1998, is the autonomous public entity of the State that exercises power, authority and specialized tasks related to the environment, and the sustainable management of natural resources. Article 12 of Law 48 of 2002 establishes that ANAM is the entity responsible for the country’s natural heritage, with competences for regulating and controlling access to and use of biogenetic resources in general, and for enforcing international contractual obligations regarding biosafety that have been ratified or accepted by the Panamanian government. 24. ANAM adopted a framework of objectives and strategic guidelines that established the short term priority need to create an appropriate mechanism for the adoption of decisions regarding the safe transfer, handling and use of LMO, as well as conservation of in situ biodiversity2. Between 2005 and 2009, ANAM approved several environmental policies and strategies that cover environmental information supervision, control and surveillance, decentralization of environmental management and 2 National Biodiversity Strategy, 2000. 12 biodiversity. Among them, the National Biodiversity Policy, through the conservation for sustainable development strategy and its environmental policy orientations for 2004-2008, underscores the need to establish a biosafety regulating framework in Panama and consolidate national capacities in biosafety. With the subsequent approval of the ENA (“Environmental Management for Sustainable Development 2008–2012”), priority is given to the elaboration and execution of public policies, plans and strategies regarding biosafety, as well as the functioning of the BCH. 25. On the other hand, articles 10 and 15 of Law 48 of 2002 establish specific competences for MIDA for regulating and supervising research activities with LMO and technological developments affecting agricultural production systems in the national territory. It also establishes coordination between MIDA, MINSA, MICI, ANAM, SENACYT, IDIAP is required for elaborating regulations and procedures (through Resolutions) for the introduction, production, use, handling, release, commerce, research, biological development and quality control of LMOs of agricultural and environmental interest, their by-products and products. 26. Law 48 of 2002 also establishes other competences for MIDA, through ANAM and IDIAP, for issuing supervising regulations for activities carried out by national or foreign, public or private entities, in the agricultural or environmental sectors, as well as for carrying out research on biosafety for increasing basic knowledge, which will serve as a base for risk analysis of LMO in agricultural activities in the national territory. 27. Additionally, there are other legal regulations related to biosafety and biotechnology, such as: Law 44 of November 27, 2006 which creates the Aquatic Resources Authority of Panama (ARAP, in Spanish), making reference in article 2, to linked activities related to fishing and aquaculture that, in some manner, direct or indirect, complement it, such as research and evolution of aquatic resources, fishing and aquaculture education and training; technology transfer; processing, transport and national and international commerce of products and by-product of fisheries and aquaculture; food and supply manufacturing as well as fishing boats and any other contributing to the development of fishing and aquaculture chains. Article 4, numeral 7, establishes the function, within ARAP, of fostering, organizing, coordinating and executing, by case, the strategy, plans and programmes related to fishing and aquaculture inspections, for guaranteeing health and conservation of aquatic resources, in coordination with corresponding authorities, according to current regulations. 28. It is the ARAP’s responsibility, through the General Direction of Research and Development, to guide research activities for breeding transgenic fishes and to supervise adherence to the recommendations of the National Committee for Information Exchange in Biosafety. 29. Law 29 of February 1, 19963, article 31, numeral 1, indicates that it is the supplier’s obligation to provide clear and truthful information to consumers, when dealing with food products that require warnings or specific precautions because they represent a risk to human health according to determination of the Executive Body through the Ministry of Health. This information shall necessarily appear in the label, in Spanish, as established by the labelling regulation. Although article 31 does not specify or mention transgenic products, it is at the time, the only legal framework we have to approach labelling of this kind of products in the country, until regulations are established. Import food requirements will be established by a Risk Assessment, based on international regulations of 3 Law 29 of February 1, 1996 “which establishes regulations on defence of competition and other adopts other measures” 13 which Panama is a Party. The Ministry of Health (MINSA), through its own Technical Biosafety Committee4, is reviewing a draft on transgenic food labelling. 30. The Law Decree draft for regulation of Law Decree 11 of 2006 which creates the Panamanian Food Safety Authority (AUPSA, in Spanish) and establishes other regulations, brings a new entity into the biosafety arena and is currently being revised. The AUPSA has responsibility to prevent introduction of pests and transmissible diseases by food, and will also establish phyto-zoosanitary rules, requirements for introduction of food products to the country, of plant, animal and pre-packed origin and will approve eligibility of areas, country, regions and compartments for import. 31. Competences on the importation of food, that were responsibility of MIDA (National Direction of Plant Sanitation and the Executive Direction of Agricultural Quarantine) on one hand, and on the other, the Ministry of Health (Department of Food Protection) were passed to AUPSA, meaning that this new Authority will have to be incorporated in the regulating framework to be developed about biosafety requirements for the importation of LMO food, their by-products or products. 32. The recently created entities, such as the AUPSA and ARAP, claim to be part of biosafety efforts relating to new development schemes, such as Trade Promotion Treaties or Agreements, including the adoption of procedures and agreements for LMO handling and use. However, the majority of institutions related do not have a specific biosafety Unit or Section, except for the Ministry of Health. Nevertheless, all relevant institutions participate actively in the monthly meetings of the National Committee for Information Exchange in Biosafety, which take place each time in a different institution, even though the presidency is held by ANAM, and has been functioning with the same people for many years. Some of these institutions also have their own biosafety committee, such as the internal coordination group of MIDA and MINSA’s biological safety committee. 33. As a result of the review of Law 48 of August 8, 2002, and all national regulations, it was identified that such Law has not been properly implemented, and it was recommended to undertake as priority action the elaboration of a biosafety policy for modern biotechnology, operative and facilitating fulfilment of different institutional attributions related to biosafety. Largely due to the growth of load transport through the country, added to the movement generated by the Duty-Free Zone of Colon, the need for establishing systems for allowing a greater surveillance in the use of LMO was acknowledged by competent authorities and with procedures agile and dependable enough for the national and international user. 34. It is expected that regulation of Laws 72 of 2001 and 48 of 2002 will help defining plans of action and national programmes according to priorities and treatment demanded by biosafety, especially as a world transit country, and prone to environmental risks with multiple effects, due to the increase in load and trans-boundary movement of LMO through the Panama Canal and the PanAmerican way. 35. Modifications and additions proposed to Law 48 of August 8, 2002, generated in previous projects, have been the result of a very intense and complex participative thinking process, throughout the last three years, with participation of all members of the National Committee for Information Exchange in Biosafety and other key actors in this matter. Modification of current legislation aims to establish and coordinate Panamanian State policies regarding biosafety, create the National Biosafety 4 Resolution 248 of September 15, 2000, “Creates the Technical Biosafety Committee”. This group, created 10 years ago, deals mostly with biological safety in health installations, and covers LMOs only loosely. 14 Technical Commission (NBTC) as a replacement of the NBC and a more operative organ with a mandate for the safe handling of LMO, to prevent risks and minimize impacts on the environment, biological diversity, human health and agricultural production that may result from activities carried out through the use of modern biotechnology. 36. Through the consultation processes carried out, consensus have been reached and criteria have been defined regarding the objectives of the Project, according to the CNC, proposing administrative and judicial schemes most convenient to local reality. It was taken into consideration the fact that Panama, because of its geographic location would be more exposed to the adverse effects that the trans-boundary movement of LMO could cause, and potential risks were to be assessed in their magnitude, with due caution ensuring precise responses to these circumstances. That is to say, Panamanian needs have prevailed, in the search for equilibrium between precaution in handling and movement of LMO and scientific and biotechnological development. In that same sense, it is deemed convenient that in the development of mechanisms for public awareness one can count with a clear understanding of responsibilities assigned to each institution first, to then make the user familiar with these new procedures. A Programme has been elaborated for training human resources and institutional strengthening to be implemented in a term of three years. 37. Modifications to Law 48 of 2002 will be presented for consideration of the National Assembly. These include changes in internal structures of National Government Institutions, together with suitability of different related entities that participate in the implementation of commercial Agreements imposing new commitments. Progress in the approval of modifications to Law 48 of 2002 has been slow, as a consequence of the country’s internal dynamics, adjusting to institutional changes and shifting priorities, but there are some signs of progress especially in practical cases of importation of LMO where involved institutions have had to respond in a very short period of time to received requests. 38. ANAM also updated the environmental impact assessment legislation, which added Environmental Impact Assessments for the development of breeding and farming of aquaculture and agricultural species for commerce. However, it does not indicate that for breeding and farming LMO in the country the approval of the NBC is required, therefore more coordination is necessary. 39. The government sector has been more involved in the implementation of the CPB and in the development of the national biosafety framework. There has been greater emphasis on the use of first generation biotechnologies than on agricultural and cattle activities. Activities with aquaculture LMO and human health interest LMO have been oriented to research in confined use. Requirements and regulations for Evaluation of Environmental Impact Assessments for the development of aquaculture and agriculture breeding and crop projects with commercial purposes have been updated in general. The development of skills in risk assessment and management by competent authorities such as MIDA, IDIAP, MINSA, ANAM, INDICASAT, SENACIT, ARAP, AUPSA, AMP and other nontechnical institutions such as universities and their training centers, has also been prioritized 40. Government institutions that have had more participation in the design and development process of the national biosafety regulating framework in Panama are: ANAM, MIDA, AUPSA, ARAP, SENACYT, INDICASAT and MINSA. However, when applying the law, they have limited themselves to reviewing very specific requests on the importation of LMO and provided specific recommendations, analyzing case by case. These entities have acknowledged the advantages of adjustment of information, notification, monitoring and follow up procedures executed by the BCH of 15 Panama, since this mechanism serves to assure not only fulfilment of international agreed commitments, but also early warning for LMO load that may be transported to Panamanian territory. 41. According to the diagnosis carried out in 2006 and 2007, at least 9 entities linked to biotechnology in Panama have been identified, of which 5 are public, 3 private and one represents an international organization. It was expected that the greatest capacity in Biotechnology and Biosafety of the country would be in the public and academic sectors. However, government entities as well as universities have many limitations regarding human resources, equipment and budget; therefore they will have to improve their organizational structures and functions, creating Biosafety Units5 justifying financial and human resources allocation. In the case of ANAM, the Biosafety Unit would be within the Biodiversity and Wildlife Department, and in addition to LMO it would cover exotic and invasive species biosafety, among others. 42. Despite capacity limitations, there is nonetheless some experience already in both developing biotechnology and in evaluating its products. The academic sector of Panama has some Institutes, Research and Technological Innovation Centres and Universities carrying out “first generation” biotechnology activities such as vitro-plant sanitation, micro-propagation, molecular markers, as a complement to the varietal description processes in commercial interest crops and programmes of conventional genetic improvement. For example, the Agricultural Research Institute of Panama (IDIAP) carries out activities in “first generation” agro-biotechnology, applied to two key sectors: a) Agriculture: activities for the isolation and fusion of yam protoplasts, yam somatic embryogenesis, cryopreservation of cassava and sweet potato, germoplasm conservation of roots and tubers, sanitation and micropropagation of pineapple, and methods of micropropagation in “pifá”, “otoe” and yam. b) Livestock: efforts are aimed at estrus synchronization and induction, semen freezing, transfer and freezing of embryos, production of embryos by in vitro fertilization, micro manipulation of embryos: production of identical twins, chimeras and sex. The molecular characterization of Creole cattle in Panama is also performed. 43. The Animal Health Direction (DINASA) of the MIDA has also authorized the importation of juvenile specimens of transgenic salmon (Salmón salar), introduced to the country by the Company Aqua Bounty Technologies of Canada, with contained use research purposes. The Gorgas Memorial Institute of Tropical and Preventive Medicine (ICGES) participates in a study with transgenic mosquitoes, with research purposes for dengue control, in confined use, in the framework of an international project supported by the WHO. The National Committee for Information Exchange in Biosafety has issued criteria for carrying out said studies. 44. It is acknowledged that the country will have to invest in research and biotechnology innovation and application of biosafety measures. The regulating framework will have to be developed with urgency due to of the potential biotechnology has for the development of Panama. 45. Regarding the Universities’ role, the Santa Maria La Antigua University (USMA), the Genetics and Molecular Biology Department of the Natural, Exact Science and Technology Faculty of the University of Panama (UP) and the San Martin University focus their activities principally on teaching 5 Proposal for Modification of Law 48 of August 8, 2002. 16 biotechnology, since they have neither the facilities nor the resources to carry out research and development (R+D) activities. USMA and the Department of Genetics and Molecular Biology of the Natural and Exact Sciences and Technology of the UP have at their disposal certain facilities for carrying out biotechnology and molecular biology activities. The University of San Martin uses for teaching purposes, the Biotechnology and Molecular Biology Centre of INDICASAT under a cooperation agreement reached with SENACYT.6 46. Panama, in view of its economic openness with other countries, has established control measures for food safety, strengthening agricultural sanitation including adequate measures for preventing entry of pests and diseases. A National Agenda for 2008-2012 was prepared for the Inter-sectorial Committee of Sanitary and Phytosanitary Measures of Panama which includes MIDA, International Regional Organization of Agricultural Sanitation (OIRSA), AUPSA, MINSA under the technical support of the Inter-American Institute for Cooperation on Agriculture (IICA). 47. The National Foreign Commerce Strategy considers that signing a Free Trade Agreement (FTA) is an important step towards permanent consolidation of opening markets to other countries, thus generating new market opportunities for exportations and creation of more job positions, for greater wellbeing of Panamanians. Panama has signed Commercial Agreements with several countries known to be LMO producers and exporters: Bilateral Protocol El Salvador - Panama Free Trade Agreement Costa Rica - Panama Free Trade Agreement Chile – Panama Free Trade Agreement Honduras – Panama Free Trade Agreement Singapore - Panama Free Trade Agreement Republic of China (Taiwan) - Panama 48. Panama also recently completed negotiations with the Central American block, signing (or renewing) a Commercial Agreement bilaterally with each Central American country (Costa Rica, El Salvador, Honduras, Guatemala and Nicaragua) to establish a level of access in goods, services and investments and specific rules of origin with each country for products included in the FTA. A Free Trade Agreement with the USA is also in process. The trade relationship between Panama and the European Union related to transgenic products is inexistent. 49. Among the main grains the country is importing, corn and soy stand out. In the world share, soy represents 55% of LMO preferred for the elaboration of animal feed and corn 21%. Corn and soy imported to Panama come from the United States and Argentina, the main producers of transgenic crops in the world7; these imports are therefore very likely to be transgenic products. 50. The country’s internal policy establishes that imported corn shall not be used for human consumption, which is supplied by national production, estimated on 1 million de quintals per year. All imported corn is used for preparing rations for animals (birds, pork, cattle, among others). The Consultation Commission on Corn and Sorghum agreed on the use of an innocuous red dye, for treating all imported corn grains as a measure to ensure it is not used for human consumption, measure currently not applied with no reason at all. In the case of labelling of LMO, the Ministry of Health 6 Diagnosis on the Current Situation of National Institutional Capacity for Development of Biotechnology and Biosafety of Living Modified Organisms, ANAM, 2007. 7 Diagnosis on Trade of Living Modified Organisms in Panama, ANAM, 2007. 17 represents the country in negotiations on LMO labelling, not yet solved at the international level. Up to date, no requests for LMO trade (commercialization) within the country have been received. 51. Regarding importations of derivatives to Panama, a large part of vegetable oils, flour and gluten, (among others) are sold in country supermarkets and were probably elaborated from LMO crops, such as corn, soy and canola. 52. The private sector has been careful regarding the development of activities with LMO in the country. However, some private companies have introduced LMO to the country, meeting requirements of competent authorities, such as: Animal Health, Agricultural Quarantine and Vegetal Sanitation, which do not really focus on biosafety. Both Private Companies as well as Competent Entities lack importation requirements mandatory according to the CPB. Risk assessments and analysis have not yet been carried out for LMO; in the case of transgenic salmon, sugar cane and transgenic rice, requirements for entry in the country have not been met either. The National Committee for Information Exchange in Biosafety has nonetheless issued technical criteria for carrying out such research studies under conditions of biosafety. 53. Therefore the importance of counting with regulations, instruments and equipment on risk assessment, labelling and implementation of a tracking system of the whole productive chain until the final user, so the information generated reaches the consumer. Likewise, the need for the implementation of the Inter-sectorial Training Plan, elaborated during the Project for the Creation of the “National Regulating Framework of Biosafety and Biotechnology in Panama”. 2.5. Stakeholder mapping and analysis 54. The Government Sector is paramount for development of this Project. Law 48 of 2002 establishes inter-institutional competences and coordination for the implementation of the CPB, and considers specific expertise of each entity. Institutional roles for implementation of the CPB according to the Law are: The Agricultural Development Ministry (MIDA) is the national entity competent for regulating, controlling, authorize and supervise the use and management of living modified organisms of agricultural use in the national territory. In the agricultural sector, MIDA, through the National Agricultural Quarantine Direction, the National Vegetal Sanitation Direction and the National Animal Health Direction, has designed protocols for pest control, pathogens and weeds for agriculture and the sector in general; The Ministry of Health (MINSA) is the national entity competent for regulating, controlling, authorizing and supervising the use and handling of living modified organisms and biotechnological development, carried out in the national territory, affecting public health, as well as the establishment of biosafety regulations required for human protection; The Ministry of Commerce and Industry (MICI) is the national entity competent for guaranteeing that negotiations and international trade agreements involving the use of LMOs and biotechnological transfer do not affect production and national investments, the environment, biodiversity and human health, ensuring the best interest of the country; The National Environmental Authority (ANAM) has competencies in the national implementation of the CPB, and in the environmental management of the country’s natural patrimony and biodiversity. It has the competence to regulate and control access and use of biogenetic resources in general, as well as to establish, approve and audit the fulfilment of regulations and procedures of risk assessments for releasing into the environment, mitigation of 18 impacts to biodiversity and the environment. ANAM elaborated the Law and regulation for the preparation of Environmental Impact Assessments, the law and regulation for wildlife, including requirements for entry into the country of exotic species, and coordinates with other entities the approval of EIAs; The National Secretariat of Science Technology and Innovation (SENACYT) is the entity competent in promoting and fostering research for the development and transfer of biotechnology in general; The Agricultural Research Institute of Panama (IDIAP) is responsible for carrying out required biosafety research and doing risk analysis with LMO in the agricultural sector, as well as issuing together with ANAM, regulations for supervision of activities done by other national or foreign, public or private centres, in the agricultural and environmental areas, within the national territory; El Ministry of Health (MINSA), through the National Health Biosafety Committee, is in charge of preparing, coordinating and developing the topic on transgenic food labelling.2 Besides, it is responsible for verifying supplier’s obligation of clearly and truly informing is pointed out, when dealing with food products requiring specific warnings o precautions, because it represents danger for human health according to determination of the Executive Body, through the Ministry of Health; The Gorgas Memorial Institute of Tropical and Preventive Medicine (ICGES) by decision of the Ministry of Health will be responsible for supervising, regulating and controlling all biosafety research on living modified organisms affecting human health; The Ministry of Foreign Affairs (MIREX) is the national entity competent for coordination and development of foreign policy of the Republic of Panama and therefore, is the Panamanian State’s official communication body with other States and other international right subjects. This Ministry will coordinate with competent government authorities regarding LMOs, subscription of international agreements in this matter and will be the means of communication between international organs and government entities in Panama regarding LMO topics8: The Panamanian Food Safety Authority (AUPSA) is the entity responsible for the importation, transit and transhipment of LMOs destined for consumption as human food or animal feed. The AUPSA prevents the introduction of pests and transmissible diseases via food; it also establishes phyto-zoosanitary rules and has established the requirements for entry of vegetal, animal and pre-canned food products, approving areas, regions and compartments for country entry. The AUPSA has some functions that use to be the MIDA’s (National Direction of Vegetal Sanitation and the Executive Direction of Agricultural Quarantine) and the Ministry of Health’s (Department of Food Protection). The Proposal for Modification of Law 48 of 2002 includes now incorporating the AUPSA for development on biosafety requirements for LMO food, their products or by-products; The Aquatic Resources Authority of Panama (ARAP) is the entity competent and responsible for the authorization, control supervision, monitoring and release into the aquatic media of aquatic organisms and commercial interest genetically modified marine organisms, located in protected areas; The Institute for the Development of Innovation, Science and Technology (INDICASAT) works on the development of advanced chemistry, having the most modern instrumentation of the public sector and has the best reference laboratory equipment for the country, used by public 8 Law 48 of August 8, 2002, Article 11. 19 and private universities to do research and superior teaching activities under agreements submitted among involved parties. Other laboratories in the country count with basic equipment for molecular biology activities. 55. There are other entities that also have a stake in different areas of implementation of the CPB. In the science sector, the role of universities is to train professionals on bachelor degrees in biotechnology and R+D. Among them we highlight: Santa Maria La Antigua University (USMA), University of Panama, through the Department of Genetics and Molecular Biology of the Faculty of Natural, Exact and Technological Science and the University of San Martin. 56. The main institutions that participate in the current Project are: the Ministry of Agricultural Development (MIDA), Ministry of Health (MINSA), National Environmental Authority (ANAM), National Secretariat of Science, Technology and Innovation (SENACYT), Institute for the Development of Innovation, Science and Technology (INDICASAT), Agricultural Research Institute of Panama (IDIAP), Panamanian Food Safety Authority (AUPSA) and Aquatic Resources Authority of Panama (ARAP); these last two have only joined in the last five years, while the rest have a longer standing in biosafety. 57. It has been recommended to incorporate the following authorities in information exchange and monitoring of LMO: Panama Canal Authority (ACP) is the Panamanian entity managing transit through the Panama Canal. The Panama Canal works under ISO 9001 procedures, it is the largest geographic area ISO certified, besides being the only “wonder of the world” that went through this process. From the CPB point of view it is a LMO transit point. The National Customs Authority (ANA) is the superior body of the national customs service and the State’s institution in charge of controlling, surveying and auditing the entry, exit and movement of merchandise, people and transport means through borders, ports and airports of the country, for the effects of tax recovery, or for applicable control, as well as preventing, investigating and punishing customs infractions, working on statistics on foreign trade, intervene on international goods traffic and meet other tasks assigned to it, through international agreements ratified by the Republic of Panama9. 58. Non-governmental organizations (NGOs) in Panama do not seem to have biosafety on their radar; if at all, their involvement in biosafety issues is sporadic and shifting. The productive sector on the other hand has shown an incipient interest; some agricultural companies have approached government entities to request information on the rules for introducing maize and for its subsequent commercialization. In such cases, requests have been verbal and have not been pursued formally, so no “responses” (decisions) have been emitted by the authorities. Interestingly, this informal scoping has evidenced that authorities do not feel that the right conditions exist in the country (both legally and technically speaking) for LMOs to be authorized commercially, prompting the private sector to withhold -for now- from presenting any formal applications. This may change with the implementation of the NBF, and may even jolt some NGOs into taking a stance. Apart from the productive sector and NGOs, free competition and consumer protection authorities are considered opponents to the use of transgenic organisms. 9 Decree Law No. 1 (February 13, 2008) “which creates the National Customs Authority and establishes regulations regarding the customs regime” 20 2.6. Analysis of baseline and gaps 59. The ANAM is the CPB and BCH Focal Point. Besides, through the Biodiversity and Wildlife Department of the Protected Areas and Wildlife Direction, it is responsible for the Executive Secretariat of the NBC established by Law 48 of August 8, 2002. Competent Authorities have not yet assigned representatives for the National Biosafety Commission, according to Law 48 of 2002. Representatives of sectorial committees have not been designated either, according to Law 48 of 2002 and Executive Decrees for sectorial regulations. 60. The ENA “Environmental Management for Sustainable Development 2008 – 2012”, approved in 2008, has established objectives, guidelines and general actions related to the Cartagena Biosafety Protocol. It is important to highlight that ANAM has worked on getting funds to carry out activities identified as proprietary proposals in this project. Nevertheless, the country has not defined a policy for dealing with LMOs. 61. The country has made advances on some topics leading to the implementation of the Cartagena Biosafety Protocol, such as Law 48 of August 8, 2002 (creates the NBC for LMOs and establishes other regulations) and the current proposal of modification of this regulation. Gaps have been identified in the legal framework as well as the means for modernization, in such way that Panama can count on updated systems for authorizations, follow-up and monitoring of all LMO movements transiting through the national territory. For the implementation of Law 48 of 2002, a modification proposal of such Law has been elaborated; there are also draft regulations for the agricultural sector elaborated by the MIDA. 62. There is a diagnosis of national legislation for development of Biotechnology and Biosafety of LMO in Panama, on trade of LMO in Panama; on institutional capacities, current technology (laboratories and infrastructure and equipment), as well as trained human resources, elaborated in 2006 and updated. Most institutions involved in the implementation of the CPB and the BCH have been trained in current regulations and on the CPB in general. Competent authorities maintain links in their Web pages related to the CPB. However, no baseline is available on risk assessment, risk management, information systems, LMO monitoring, and surveillance upon entry. There is no baseline for the communication strategy either, nor for socioeconomic aspects as established by the CPB. At this time, we have a biosafety Plan of Action and the Project of Law, which establishes the regulating framework and LMO Biosafety Inter-Sectorial National Commission. Moreover, the Executive Decree Project which establishes the Agricultural and Environmental Biosafety Sector Committee; The Ministry Resolution proposal for the establishment of the Procedure for carrying out activities and executing follow-up, monitoring and control of activities with LMO in the National territory; and a procedure mechanism for management of information required to perform Risk Assessments. 63. In 2007, the National Committee for Information Exchange in Biosafety (also known as the Biosafety Committee) was established, making official each representative of the Competent Authorities to facilitate the adoption of decisions on notifications and requests for LMOs and information exchange. This group was set up based on the NBF Development project’s coordinating group, with the difference that in this case, its conformation and functions were fixed by Resolution. However, even though the mandate of the National Committee for Information Exchange in Biosafety does not explicitly include decision-making and resolving LMO cases, this is how it has functioned in practice. The rationale is that this group has a legal backing, has biosafety expertise, and is able to emit informed opinions on the basis of its information exchange mandate. Nevertheless, it is still the 21 case that procedures for receiving importation requests are lacking in order to improve the consideration (and application) of appropriate biosafety measures at the national level. 64. With the ratification of the CBD (1995) and the CPB (2002), Panama has strengthened its work in conservation in situ and sustainable use of wild and endemic species and protection of genetic resources. The ANAM established the Unit for Access to Genetic Resources (UNARGEN), in charge of the protection, use and conservation of genetic resources, patrimony of the State. To aid in biosafety decision-making, there is a list of threatened flora and fauna species and very detailed procedures for research uses, among others. It is expected that this information will serve as a base for the elaboration of the threatened wild and endemic species map that will highlight the biodiversity to be protected10 when deciding where LMO crops could eventually be released in a regulated manner. In 2008, the list of threatened species was updated and through an Executive Decree protection of more than 1000 species was established, including wild flora species. The Project will help identifying wild species requiring measures to avoid genetic contamination, besides improving coordination for implementing the CPB. In addition, LMO use will need to be mapped with regards to protected areas: in Panama, 89 protected areas have been established (as of June 2009), covering close to 35% of the national territory; 60% of this protected territory has management plans for conservation and sustainable use of biological resources. 65. Entities such as ARAP, AUPSA established in the last 5 years have emerged under new development schemes, such as Free Trade Agreements, demanding new procedures for assessment and management of LMO. On the other hand, the Agricultural Research Institute of Panama (IDIAP) has consolidated the development of “first generation” agro-biotechnology activities, oriented and applied to the agricultural sector. With financial support for research development by SENACYT, advances in the use of new biotechnologies are foreseen. 66. SENACYT has limited financial resources for the development of research on the use of new biotechnologies. From the point of view of engaging the country’s youth, SENACYT develops the “National Scientific Youth Fair for Inventiveness”, a non-profit event, not directly related to GEF projects. This event has the objective of stimulating the interest of students on research and innovation through the presentation of scientific projects, scientific challenge contests, training activities and different activities on science, technology and innovation. The potential of the Fair for detecting young people with talent that may require support to stand out to their maximum capacity is important too. The main activity is the National Project Exhibit, which represents an excellent opportunity for girls, boys and young people of Panama to project their scientific doubts and may serve as one of the channels for the implementation of Component 5. 67. Though training efforts so far have been oriented towards the development of BCH skills, the need for training and educating human resources in topics directly related to biosafety management and biotechnology has also been identified. In biotechnology, training priorities for human resources are at the post degree level, with specializations in disciplines such as: 1) Advanced molecular biology, 2) Molecular Immunology, 3) Generation of monoclonal antibodies, 4) Laboratory animal handling, 5) Protein Chemistry, and 6) Assisted reproduction in bovines, among others. A Programme for the creation of national capacities in biosafety, on the safe use of LMO and on the CPB (through training of professionals) has been designed, but not yet implemented. 10 Decree 25 of 2009 22 68. The only training material on CPB and LMO available are those provided under the BCH Project, which ended in 2008. For other topics, there are no dissemination or education materials, reason why the ANAM, through the Environmental Culture Promotion Direction, will coordinate the elaboration of educative and dissemination materials on biosafety and biotechnology for all project beneficiaries and sectors, in printed and electronic formats, for use in Web pages, forums, fairs, and other means. 69. One of the main gaps of the country in biosafety is the lack of dissemination and ignorance not only by the general population, but also at decision levels and locally about LMO present in the country. Information relevant to biosafety is either not generated, is scattered, or is generated without considering its relevance for decision-making. Information available as reference studies generally relate to research and tests carried out in other countries, under different conditions. Some information is available on distribution of native and endangered species, but this still has to be linked to biosafety. 70. The national BCH contains information on national and international legislation on biosafety and on competent national authorities. A list of professionals in different disciplines has been elaborated and placed on the BCH main website (Central Portal), physically located at the CBD Secretariat in Montreal, Canada. 71. Risk management is another of the main gaps to be addressed by the country. There is not enough experience and expertise for the mitigation and communication of risks to the people; to date, this topic has had a very low profile. Clear procedures for the process of LMO entry with research purposes in containment conditions are not available either, nor national regulations on identification and labelling of transgenic products. 72. The country has witnessed a growth in load transport through the isthmus, added to the movement generated by the Duty-Free Zone of Colon. Up to date, there is neither an information, monitoring and surveillance system for entry of LMO, nor procedures that are agile and dependable enough for the national and international user. 73. Panama, through the Panama Canal Authority (ACP) has general information on the transit through the Panama Canal of merchandise, tonnes in grains, country of origin and destination, but no requirement is made to specify whether the contents is or not transgenic. There are many information gaps regarding the mobilization of LMO from production up to end-consumer, and administrative procedures to track the influx of these products into the national territory and through customs controls are lacking. 74. In conclusion, the CPB has been deficiently implemented, with the preparation of national laws but with the absence of related regulations. Competent Authorities have evaluated LMO research requests, but recommendations have not been fully met. Those few LMO research requests that have come through have been channelled through the BCH and the CPB Focal Point, and are analyzed on a case by case basis. The MINSA has even identified red areas with species that may cause negative impacts to human health. Regarding training, competent authority staff have received basic training on the CPB and the BCH, and materials are being used to train further staff on these topics. 75. Overall, the implementation of the CBD (since 1995) has consolidated Panama’s Competent Authorities for in situ conservation and sustainable use of wild and endemic species and protection of genetic resources, but this has not occurred to the same extent with the CPB. For example, Competent Authorities have still to formally appoint their representatives to the NBC, reason for which (in part) this entity has never functioned. This Project will therefore be the means for the full implementation 23 of the CPB, including the elaboration of national, sectorial and institutional procedures that will take care of aspects inherent to LMO flow and trade through and within the country. With the project, the agreed national legal framework will be completed and institutional capacities in modern biotechnology and biosafety will be strengthened. 2.7. Links with other GEF and non-GEF interventions 76. The country doesn’t have other national initiatives in course for the implementation of the CPB. However, the search for new synergic and complementary initiatives taking care of unattended needs of the Project will be fostered during execution of the Project. 77. ANAM coordinated the first UNEP-GEF project for the effective participation of Panama in the BCH (Biosafety Clearing House) of the Cartagena Protocol, and will continue this work during the second phase of the global BCH project, in which Panama is one of 50 participating countries. This work will require the collaboration of the same institutions that are part of the current project (National Competent Authorities), ensuring that the project’s information component 4 complements and gives continuity or permanence to the capacities created through the BCH project. Also important is the continuity of open dialogue and coordination, achieved in part by nominating the biosafety committee that participated throughout the definition and adjustment of the National Biosafety Framework as the BCH Working Group. This group, expanded, will also function as the current project's coordinating and supervisory committee, as it is recognized as the country's main biosafety coordination mechanism. Internal coordination in this respect will be strongly reinforced and consolidated through the continuum of these capacity-building efforts. The experience in training and outreach activities gained through the BCH project was of great value when designing participatory and information-related activities in the current project (Components 4 and 5). The second phase BCH project will also serve to expose the areas and sectors that require further or continuous capacity building efforts, allowing the current project to focus its efforts on those areas. 78. There is also opportunity for collaboration and harmonization with the two sub-regional World Bank (WB)-GEF Projects approved under GEF-4, involving Brazil, Colombia, Costa Rica and Peru ("Multi-country capacity-building for CP compliance" and "Latin America: Communication and Public Awareness Capacity-Building for Compliance with the CP"). The same is true for the cohort of national biosafety UNEP-GEF projects, currently unfolding in the region that will likely be in execution at the same time as the current project. Coordination and contact will be sought between project teams, so as be informed, learn from their experiences and successful approaches, and share outputs and tools if possible, once they have produced results. The importance of sharing lessons learnt and best practices for more effective NBF implementation will a central theme. This coordination will involve UNEP as the GEF Implementing Agency, with regional workshops expected to take place to bring together project coordinators and begin pooling acquired knowledge and building a community of practice in biosafety. These efforts could also include joint planning of subregional activities with the WB if convenient, as well as contact through neighbouring countries such as Costa Rica and Colombia, with whom close ties are maintained. 79. At the regional level, the Inter-American Institute for Cooperation on Agriculture (IICA) has formulated a Hemispheric Programme on Biotechnology and Biosafety (PHBB), by mandate of the Inter-American Agricultural Board (JIA), which unites the Ministries of Agriculture of American countries, fosters the training of working groups specialized in biotechnology and biosafety, and is operative since 2005. The PHBB is oriented towards the incorporation of new technologies such as agro-biotechnologies within national policies, as well as their contribution in competitiveness of the 24 agricultural sector with significant implication in trade and trans-boundary movement. The purpose of the PHBB is to facilitate mechanisms for the development, management and safe use of agro biotechnologies in favour of a competitive and sustainable agriculture for the countries of America. According to the IICA, the specific objectives of the PHBB are: fostering studies, discussions and analysis of the implications of national and international rules and regulations, as well as negotiations and international agreements, in topics related to agro biotechnology and biosafety, with emphasis on their impact on trade. Any activities undertaken by the PHBB will integrate well with the current project. 80. Among other initiatives developed in Central America, there is also the Regional Strategy on Biotechnology and Biosafety for Central America that is under development, in collaboration with other international organizations such as OIRSA and the Centre for Tropical Agricultural Research and Teaching (CATIE). SECTION 3: INTERVENTION STRATEGY (ALTERNATIVE) 3.1. Project justification, political acceptance and expected benefits for the world environment 81. The results of the UNEP-GEF biosafety projects provided the baseline for the current Project, which was updated during the formulation stage. The development of this Project is in line with the GEF and UNEP strategy for providing assistance to developing countries in the implementation of the CPB. The Project will help to revisit actions to match specific strategic guidelines and sectoral visions for the application of modern biotechnology (production, research, transit, etc) and generate specialized human resources. Currently, Panama’s biosafety Law (Law 48/2002) has not been implemented and requires modification. 82. Biosafety for the safe use and control of LMO in Panama has been a challenge since 2000 and was identified as one of the country priorities in the National Biodiversity Strategy and its National Plan of Action. The Republic of Panama ratified the CPB through Law Nº 72 of December 26, 1991 and then Law Nº 48 of August 2002 turned into its first application instrument. This Law establishes the NBC for LMOs, defines institutional competences, establishes the creation of sectorial committees in the agricultural, environmental, and public health sectors and establishes a framework for developing specific regulations. Through the NBF Development project, Panama also developed biosafety regulations and legal modification proposals, in order to review its current regulating framework. These proposals will be submitted to the Executive Body for approval, and are expected to coincide with the execution of the current Project, as a country priority. 83. The ANAM has also proposed the incorporation of the application of the CPB as an action line within the National Environmental Plan, supported by the IDB in 2008. Moreover, ANAM approved between 2005 and 2009 several public policies and strategies that underscore the need to establish a biosafety regulating framework in Panama, and consolidate national capacities in biosafety. Many of these policies are in line with the CPB, regarding the need for information, coordination and greater capacity of supervision in the environmental management arena. 84. Another Government priority is the modernization of customs services, linked to the expansion of the Panama Canal that has already started, with a great need to achieve greater efficiency and transparency in border control processes, a line of work that will be benefit for the application of the 25 CPB. Likewise, a National Science and Technology Plan was generated in order to promote R+D in Panama, and to open spaces and mechanisms for the expansion of the scientific sector, where biotechnology will have a strategic role and offers an opportunity to access benefits resulting from native genetic resources. Such a Plan will help to raise the profile of biosafety issues, as the eventual commercialization of biotechnology applications, while economically attractive, can be socially and environmentally sensitive. 85. Therefore, the proposed project is in line with national mandates for conservation of biodiversity, sustainable development and safe use of LMO, aiming to create conditions leading to the adequate use of native genetic resources, generating information on the environment, customs modernization and strengthening on environmental control and supervision. 86. Given the interest of Panama in generating economic benefits from increased commercial activity, bio-prospection and the possibility of introducing LMO in a regulated manner, it is opportune for the Government to ensure this happens in a framework that will contribute to safeguarding biodiversity, human and animal health as well as ethical, social and cultural values. The proposed project is, therefore, fully coherent with these objectives, and it already counts with coordination and institutional mechanisms for facilitating its execution. 87. The Project here proposed is compatible with world interest in biodiversity conservation, by meeting the objectives of the CPB, to which Panama is a Party. Panama is home to approximately 10% of the world’s biodiversity and is an important centre of origin of genetic and species diversity. Panama’s biodiversity is unique because of its complex distribution and intensity; this important wealth is vital for the economic and cultural future of the country. The emergence of the Isthmus of Panama creates an exceptional surrounding, where speciation, extinction, delicate ecological balance and rapid economic growth are characteristics that converge in this small sea-bound country. Panama has an exceptional diversity of flora, with plant density rates well above those of many other countries; its abundant flora is used as sources of food and medicines and construction materials for houses, canoes, tools and crafts. Panama also has a key location in Central America, in trade terms, as well as the constitution of a biological corridor for many species, including migratory birds. 88. The country intends to protect its biodiversity, in a scenario where international trade is increasing and biotechnology applications are fast-evolving and becoming more and more attractive for certain sectors. In Panama, bio-prospecting activities and development of biotechnology requiring genetic resources as raw material are on the rise. The possibility of using agricultural biotechnology to face limitations in national production is imminent. On the other hand, the expansion of the Panama Canal will also lead to an increase in the flow of biotechnological products through the country. 89. Taking into consideration these scenarios and through the NBF Development Project finished in 2008, the biosafety situation throughout the country was analyzed, identifying weak areas that have prevailed despite the establishment of initial capacities. These deficiencies include institutional aspects regarding coordination and consolidation of technical-administrative capacity; the gathering of information for decision making processes; LMO regulations for specific sectors; training needs; creation of assessment, management and follow-up mechanisms; transit of LMO; and dissemination of biosafety measures and raising awareness of the general public regarding the risks and benefits of LMOs. 90. These deficiencies need to be addressed, if the country is to achieve an adequate and timely management of biotechnology products, in order to minimize their possible adverse effects and 26 maximize their social, economic and environmental benefits. The country is also aware of the importance of the Panama Canal in trade of LMO and its responsibility as part of the CPB to contribute to the safe transit of LMO shipments through its territory without restricting international trade. 91. The proposed Project therefore will follow the efforts initiated during prior UNEP-GEF projects and will focus its application in line with the CPB, in order to allow the country to make decisions, with a legal and scientific base, that will contribute to minimizing potential impacts of LMO on biodiversity, human health and productive activities. The main results of this project will provide knowledge on the capacity of the current legal framework for biosafety and how LMO will be eventually introduced to Panama. 92. A capacity building plan was also proposed, focusing mainly on the needs of main competent authorities and gaps that had to be closed on order to meet CPB requirements. It is also important to point out that through the NBF Development Project, regulation proposals were elaborated for improving and completing the existing biosafety framework. Therefore Panama expects to establish new regulations and procedures, as well as the modification of existing regulations, regarding biosafety. These regulatory drafts were generated in a participative fashion, were approved by consensus between competent authorities at the technical level, are in line with demands of the CPB and have been sent for legal review and approval. 93. The current Project will follow-up on the prior UNEP-GEF Projects in more ways than one. While it will support inter-sectorial training relating to modern biotechnology that is still pending, as well as the initial implementation of the Training Programme for Biosafety, this training will be interactive, will include the development and dissemination of BCH tools, and will ensure that the materials and contents of the National BCH are compatible with the BCH Central Portal. The BCH will be a key mechanism not only for deepening the understanding of CPB operations, but also for raising awareness on biosafety obligations amongst users and producers of modern biotechnology. As a tool for biosafety management and a guide to Government tasks, the BCH will be at the core of the Training Programme for Biosafety. This Programme will include an interactive guide of the BCH Central Portal, information packages, a training manual for easy to use equipment, and a template of the BCH database that could be used with existing software programmes to store data at the national level in common BCH formats, including data exportation functions using different communication media such as Internet and CD-ROM. 94. The current Project is also expected to consolidate and reinforce institutional coordination processes, established through previous capacity building efforts. The same biosafety committee that participated in defining and adjusting the NBF as well as during the BCH project will function in the present project as a coordination group, as well as the main biosafety coordination mechanism in the country. This coordination mechanism is already acknowledged by Law 48 of 2002, but a regulatory modification is being proposed in order to integrate all relevant sectors and create a committee with a more operative character. Likewise, Sectorial Commissions are also acknowledged by Law, and they will be made official with specific functions. Therefore it is important to maintain participation of sectors that will eventually participate in the National Biosafety Technical Commission. These are mainly government, oriented to research and academic training, gathering operative, scientific and regulating authorities. 95. Sectorial Committees will be information providers for biosafety and biodiversity, besides being key actors in the application of the biosafety framework; they will have facilitator and advisory roles. 27 Their participation will also contribute to expanding the impact and dissemination of activities of the Projects, stimulating participation of a more diverse public. The job of the Committees therefore, will be fundamental for developing Components 1 and 5 but their intervention and supervision in other Components will also be crucial for the success of the Project. On the other hand, participation of the National Committee for Information Exchange in Biosafety will give continuity to coordination efforts, although they are also a means for decentralizing administration of biosafety and guaranteeing interested parties that functions and responsibilities can be shared between institutions, in a way that benefits the application of the NBF. 96. The creation of Sectorial Committees, on the other hand, is also seen as a way of providing participative platforms through which groups interested on LMO management can be integrated, and it would be important for Component 5. Measures will be taken too to deposit part of the coordination mechanism and management needs in other interested parties. Currently, there is a close collaboration between ANAM and the SENACYT, the latter having strong links with the academic and research sector. This sector will be appointed with specific biosafety functions, including gathering information relevant for decision-makers responsible for the state of biodiversity and genetic resources in the country and putting into practice a Laboratory Safety System for the contained use of LMOs. This close collaboration with SENACYT regarding biotechnology safety issues is seen as a necessary step for distributing responsibilities in biosafety, as well as a means for opening the CPB to other sectors and users of biotechnology, as well as to offer access to scientific knowledge. Therefore, leadership functions are being shared so capacities and experience do not only accrue within ANAM, and links formed can bring scientific and social considerations closer to decision-makers, helping the integration of biosafety into other matters related to research and biodiversity. 97. This collaborative approach, intended to be reproduced with other sectors, is expected to substantially contribute to the sustainability of capacity building efforts. Links with SENACYT therefore will be fundamental in the long run, but in the short-term are also crucial to Component 2, which is about strengthening risk assessment and risk management methods, establishing enough scientific and technical capacity within competent authorities, having access to relevant data and situating native biodiversity, social factors and human health at the base of all national decisions related to LMOs. This also applies to Component 4, which will generate and systematize biosafety public information, and will establish an appropriate “language” for different groups, while at the same time guaranteeing confidentiality and commercial transparency in Government’s decision making. 98. Similar working links will also be established at an early stage with specific members of the private sector, in order to integrate and discuss challenges in the production of food with commercial and agricultural sectors. The aim is to guarantee that the importation and exportation of LMOs takes place in conformity with the country’s NBF and the CPB, and that Components 2 and 3 of the Project are executed with the participation of these key stakeholder groups. 99. Besides, the ANAM also integrates and articulates biosafety with other areas of biodiversity protection. The UNARGEN recently created within ANAM will provide support by hosting the Biosafety Unit to be created for the application of the CPB. This Unit will be in charge of coordination, management and follow-up of biosafety regulations, notifications and requests relating to LMO and shall support the Secretariat of the National Technical Biosafety Commission and the Sectorial Committees. This Project will help to consolidate this Unit, as well as support the improvement of capacities in qualified staff of related institutions, where these have Units or Sections of their own that oversee biosafety topics. 28 100. ANAM’s Biosafety Unit will have a staff permanently dedicated to biosafety and administration and management of the NBF in general. Administrative integration of biosafety into the institutional structure will also respond to the mainstreaming objectives of the CBD, avoiding isolated and disconnected management of biosafety to guarantee greater sustainability of biosafety capacity, and will strengthen the protection and responsible use of genetic resources as a prodigious challenge for ANAM. ANAM, as CPB Focal Point, will also be responsible for guaranteeing that regulatory processes involving LMOs take into consideration public participation and access to information, important requirements for the correct application of the biosafety framework, as indicated in Components 4 y 5. 101. Thus, with the identification of gaps in the legal framework and means to update and articulate the NBF, Panama can count with a modern system for authorizations, follow-up and monitoring of LMOs entering into the country. 3.2. Project’s Goal and Objectives 102. The strategic objective of this Project is to safeguard biodiversity and implement strategic programmes of the GEF, specifically capacity building for the application of the CPB, which will contribute to avoid risks to biodiversity, human health and national economy. 103. The goal or global objective of the current Project is to achieve an effective application of the CPB by implementing Panama's national biosafety regulatory framework and developing national capacities to properly handle Living Genetically Modified Organisms (LMO) for the safeguard of biodiversity. 104. As reflected in its component structure and Logical Framework (Appendix 4), in order to achieve this the Project has 5 technical components that respond to the following 5 specific objectives: Component 1: Implementation of legal and institutional biosafety frameworks to respond to CPB and CBD requirements. Objective: To implement the biosafety legal and institutional frameworks for complying with the Cartagena Protocol and the CBD; Component 2: Reinforcement of capacities for LMO risk assessment and risk management. Objective: To apply risk assessment protocols and risk management measures that are consistent with international state-of-the-art practices; Component 3: Creation of an integrated monitoring, inspection and response system. Objective: To ensure monitoring of and compliance with biosafety measures established for authorized LMOs; Component 4: Generation of national information on biosafety. Objective: To enable Panama to comply with information-related Articles of the CPB; Component 5: Promote public awareness, education and public participation in matters relating to biosafety. Objective: To increase general knowledge on and participation in biosafety, including LMOs in Panama and their regulations, in specific groups; 105. The two remaining components focus on project requirements, namely monitoring and evaluation activities (Component 6) and project management (Component 7), and are intended to allow the project to be executed in line with GEF and UNEP standards. 29 3.3. Project components and expected results 106. With this Project, the country seeks to attain a new stage in the national application of the CPB, so it can make informed, transparent and adequate decisions regarding the use of LMO in Panama. The current Project shall create the necessary capacities to manage LMO intended or likely to be introduced into the environment, without jeopardizing the conservation of native genetic resources and will thus help Panama in conciliating its economic and scientific development with the objectives and articles of the CBD. In summary, 5 technical components have been structured (with 2 additional project-related components) based on core tasks identified for the full application of the CPB in Panama. The project has a total cost of US$1,954,927 of which US$954,927 is provided by the GEF and US$1,000,000 corresponds to the national share cost. 107. Specifically, the current project aims to: (i) Strengthen and modify the National Biosafety Commission (NBC) and other structures, as part of the national coordination mechanism; (ii) Adopt rules and regulations in specific areas, such as the environmental release of LMO, their contained use, inspections and traceability; (iii) Articulate competences and institutional mandates on biosafety, while also creating well functioning assessment and inspection structures; (iv) Train staff in competent authorities, including customs authorities; (v) Ensure the country’s ongoing participation in the BCH; (vi) Make progress in gathering and managing information in support of biosafety decision making; (vii) Determine a zoning system to identify areas for biodiversity protection as criteria for release of LMO into the environment; (viii) Adopt LMO risk assessment methodologies and criteria; (ix) Adopt protocols for LMO management, including field, transport and laboratory safety; (x) Adopt protocols for the detection, surveillance and control of LMO and responses in (xi) case of accidental release; (xii) Adapt infrastructure and install analysis equipment for LMO detection; (xiii) Stimulate communications, debates and public access to national biosafety and biotechnology information; (xiv) Raise awareness amongst the general public, private sector and judicial powers on LMO uses; (xv) Promote training and specialization of professionals in biotechnology and biosafety; and (xvi) Stimulate public participation in matters regarding biosafety. 108. By the end of the Project, the following will have been achieved: The national, institutional and sectorial capacities in the effectiveness of the implementation of the CPB will have been improved (as per GEF BD SP 6) and legislation for agricultural, health and environmental sectors will have been approved; At the sectorial level, biosafety aspects will have been incorporated to sectorial policies and nationals plans and programmes, and regulations and protocols appropriate for an adequate execution would have been adopted; Risk assessment and risk management mechanisms will have been established and successfully applied, through manuals and protocols; The monitoring and follow-up system will be established and its implementation initiated, with inspections and LMO detection tests; Specialists of all sectors and institutions will have received training on the CPB and its application, including complementary rules and regulations; 30 The Biosafety Communication (Outreach) strategy will be in implementation; Mock decisions will have been taken, as a means to verify and evaluate the functioning of the biosafety system, and make improvements. 109. Component 1. Implementation of legal and institutional biosafety frameworks to respond to CPB and CBD requirements This component focuses on filling the gaps in existing regulatory and institutional frameworks, and covers the need for coordination and integration of biosafety, in support of decision making processes and law enforcement. Expected results (outcomes) are: 1.1 The legal framework is completed and implemented, and areas requiring institutional strengthening are identified and addressed; 1.2 Panama's compliance with the CPB, including participation in the BCH, is coordinated, visible and integrated within competent authorities. By integrating and maintaining biosafety tasks within a range of competent authorities, including participation in the BCH, and ensuring that policy coordination and technical assessments are underway so that coordinated decision making can occur, Panama will be complying with the CPB in a coordinated and timely fashion, and visibly contributing to meeting its objectives. To achieve these results, consultancies, workshops and coaching will take place regarding the international and national legal framework for the implementation of the CPB, while coordination mechanisms and mock experiences for decision making and trying new regulations, procedures and protocols will also unfold. These activities will involve competent authorities, experts and sectorial representatives. 110. Component 2. Reinforcement of capacities for LMO risk assessment and risk management This Component addresses the need for greater capacity in risk assessment and risk management, as pre-release or pre-approval issues, with emphasis on reinforcing the basis on which decisions are taken. The following key outcome is expected from this component: 2. Institutional capacity to evaluate and manage LMOs in different activities is increased This means that decision making in biosafety will be based on scientific and social factors, including the protection of native genetic resources, and will be transparent and consistent with international state-of-the-art practices. It also means that the necessary structures, persons, tools and methodologies will be in place to enable appropriate biosafety evaluations and decisions to take place. Importantly, this component will look into improving the management of the biosafety system through evaluation and feedback. Component activities will focus on having the means and tools needed for risk assessment and management and decision making, and will include consultancies, workshops, drills, consultations, legal agreements and training courses, as well as the elaboration and validation of rules, procedures and protocols for risk assessment and risk management, all involving mostly the academic sector. 111. Component 3. Creation of an integrated monitoring, inspection and response system 31 The Component 3 tackles the areas of monitoring and inspection, as post-release or post-approval issues, and includes customs surveillance as well as emergency responses, as novel areas in the biosafety framework. In this component, results related on the one hand to technical and technological needs for LMO monitoring, and on the other to inspection capacities and experience with regulatory enforcement, are expected. A single outcome brings together all these elements under this component: 3. Competent authorities have increased capacity to track authorized LMOs, enforce regulations and respond to accidental releases Thus, this component is expected to raise institutional capacity for follow-up of authorized LMOs, covering from customs to post-authorization requirements and enforcement, to responses to accidental release of LMO. In addition, the application of administrative procedures in cases of infringement may also be piloted under the project, and experience will be gained in detecting the presence of LMOs through laboratory and molecular analyses. The design and creation of the monitoring and inspection system will be subcontracted, as well as the training for facilitating implementation of regulations, mechanisms and procedures with participation of the range of entities with competency in LMO authorizations, inspections (ie. enforcement) and responses to involuntary and accidental releases. 112. Component 4. Generation of national information on biosafety This component aims to generate up-to-date national biosafety information in a manner that will promote transparency and accountability, and reflect the country's biosafety status. The following key result (outcome) is expected: 4. Information management for LMOs provides regulatory bodies and stakeholders access to the latest information on biosafety This component will focus both on information management and information availability, thereby balancing the obligations of the Government to safeguard confidential commercial information and adequately track LMO applications as they progress along the biosafety system, with those obligations that relate to public information, transparency and the need for impartiality. Dissemination materials will also be produced under this component, and made publically available in digital and printed formats (eg. as online data, brochures, posters and others forms). This will be done by hiring a specialist in charge of the whole process, from designing the materials up to supervising their production and distribution. 113. Component 5. Promotion of public awareness, education and public participation in matters relating to biosafety Component 5 is concerned with the stimulation of public participation through awareness-raising and increasing opportunities for acquiring biosafety expertise. The expected outcome is: 5. Interest in biosafety is stimulated and the quality of the biosafety debate is elevated As it would be premature to expect a surge in public participation in biosafety processes, this component seeks, in the first instance, to raise the level of interest and awareness concerning biotechnology, biosafety and LMOs in specific groups. It will also take advantage of the Web as a 32 means for outreach and exchanges, and will foster opportunities for specialization in biosafety or biotechnology. Ensuring that public participation takes place prior to granting new LMO authorizations and that the review of decisions is made possible in case it is justified by new evidence, and putting in place a biosafety outreach programme, are also results expected from this component. Professional consultancy services will be hired for the elaboration of the education and public awareness programmes and the LMO communication strategy, as well as the organization of forums, consultations, meetings and surveys to measure perception at the beginning and end of the project, at the institutional, academic and productive level. 114. Components 6 and 7. Project M&E and management The scope of these Components is circumscribed to project management and monitoring and evaluation requirements. Component 6 caters exclusively for a National Project Coordinator who will be appointed by the National Executing Agency after consultation with UNEP, while Component 7 covers monitoring, reporting, auditing and evaluation activities, including the inception workshop. Under Component 6, the costs of the Coordinator, who will work on a full time basis for the duration of the Project, will be covered in part by GEF (49%) and in part by the Panamanian Government (51%). Further details on this and other execution arrangements are provided in Section 4. 3.4. Intervention logic and key assumptions 115. At the heart of this project’s design is the opportunity to make progress in a step-wise fashion, from NBF development to NBF implementation, with some steps also taken towards participating in the BCH. This project therefore follows-on from previous efforts, focuses on the gaps and weaknesses of the NBF, looks ahead at sustainability factors, and makes good use of lessons learnt as well as the collaborations and momentum built up from previous projects. 116. The main responsibility for the Project will lie with the environmental authority (ANAM), also the CPB and BCH Focal Point and the entity responsible for environmental policy coordination. The ANAM will be supported by other Competent Authorities, namely MIDA, MINSA, MICI, AUPSA, ARAP, ACP and Customs, but mainly by SENACYT as a key player in capacity building and in ensuring the success of Project Components 2 and 4 in particular. This is an assumption that is determinant for the project and that has to a great extent been confirmed, especially following the recent change of Government. This support entails a sharing of technical responsibilities, and has been agreed to as evidenced with the letters of co-finance provided for this project (Appendix 12). The participation of the productive and academic sector, as well as civil society, will also be crucial for solidifying a working relationship with these stakeholders and for opening up the biosafety debate. Though the Project will look forward to the formalization of the NBTC and the Sectorial Committees, informal cross-sectoral dialogues will be encouraged as a means of building trust and transparency between different sectors. 117. Within ANAM, project coordination will be housed by the National Direction of Protected Areas and Wildlife (DAPVS), and will be supported by specific staff from the Biosafety Unit and UNARGEN, appointed as national counterparts for the Project to follow-up on project progress and performance, to ensure the project meets its objectives, goals, work programmes and budgets. The Project will therefore be well embedded within existing institutional structures and processes. Ultimately, it is the Biosafety Unit that will give long term continuity to the implementation of the CPB, having been strengthened by means of this Project. 33 118. With consolidation of the NBF, especially the legal component, a better application of the CPB will be guaranteed and will also drive the implementation of the Training Programme for Biosafety. This Programme homes in on the BCH and centres strongly on risk assessment and management, as part of the work needed to avoid adverse effects on biodiversity conservation and human health, and also to render the paperwork regarding LMO requests more agile and focused. In support of biosafety decision making, up-to-date biodiversity information and tools will be compiled and institutional know-how created, in order to make decisions technically-sound and transparent. 119. The project’s design takes heed of 2 strategic pillars intended to increase the success of NBF implementation: a. human capital, for increasing the knowledge base but also building biosafety sustainability; and b. regulatory compliance, through control and monitoring mechanisms that can ensure biosafety standards are upheld without obtruding commerce or biotechnological research. (i) The project will not only invest in training of staff in competent authorities, in the judicial system and in customs offices, but will also target students and the young, seeking to raise their interest in biotechnology and biosafety issues, will promote professional specialization in biosafety and will build an alliance with the SENACYT, the country’s main driver of science, technology and innovation as vehicles for a more sustainable development. Interestingly, SENACYT maintains close ties with the private sector, the government and the academicresearch sector (its mission is to promote productivity, competitiveness and modernization in these sectors, through scientific, technological and innovative means), which fits comfortably with the strategic purpose of biosafety, which is to allow social, economic and environmental benefits to accrue from the responsible and controlled use of modern biotechnology; (ii) With regards to regulatory compliance, the project will also ensure that biosafety decisions are coupled with adequate measures to reduce, mitigate and eliminate risks. Thus, together with greater capacity for risk assessment, the country needs concomitant inspection and LMO detection capacities, as well as management protocols to guide institutional actions and public information to guide users (namely, the private and research sectors) with respect to normative compliance. Efficient information management and administrative processes will be cornerstones for effectual risk management, but having legal clarity, sufficient trained personnel, the necessary technological and scientific capacity, and coordinated actions from competent authorities will be paramount. 120. The key underlying assumptions in this project are two-fold: one relating to project design, the other to execution. (a) For the project to attain its objectives, the legal modifications that have been proposed must take place (be approved) early in the project. From this will follow a series of tasks, entrusted to other institutions, to set up biosafety units or provide staff and facilities for biosafety. This assumption is based on the fact that the modification of Law N° 48 of 2002 has long been discussed, and a proposal already exists with the Executive, which is expected to go through without any setbacks. (b) Previous experiences in executing UNEP-GEF projects required the services of an external fund administrating entity, in order to avoid undue delays and overburdening internal departments. However, the administrative capacity of ANAM has improved over time and become more agile through the various international cooperation projects it has taken on. The assumption here is that the current UNEP-GEF project will not have the same administrative set-backs as were had with the NBF Development project. 34 121. The ANAM has presented, as a strategic action, the elaboration and implementation of a biosafety public policy framework, which will be driven by this Project and will guide future biosafety actions once the project is over. In fact, the elaboration of a Strategic Plan for application of the policy and for defining different stages, processes and modalities on the use of LMO is expected to follow. With the collaboration of a range of entities and actors, areas of the country that can be maintained “transgenic free” will be defined, and based on the best scientific information available, definitions will also be taken to guide future developments in modern biotechnology, based on the country’s fundamental socio-economic needs and prevailing environment. Panama intends to reap the benefits of modern biotechnology, only in as far as the risks can be handled. Through the effort of weaving together scientific, technological, productive, commercial, social, legal and managerial actions, to create an operational NBF, this project will take Panama one step closer to attaining a more sustainable development. 3.5. Risk assessment and measures for risk management 122. There are risks that may threaten the execution of the Project and some uncertainty concerning political decisions and external influences that are beyond the reach of the Project. Among the risks that can be mentioned, and the measures proposed to mitigate them, are the following: RISKS IDENTIFIED REASONING /RATING RESPONSE Inadequate commitment of the national government or budget allocation of national cost shares for the execution of the project LOW ANAM’s relative independence will serve to protect the project from institutional deficiencies existing in public sector structures. Participating institutions have identified share costs (co-financing contributions) as a means to formalize their participation in the project (see Appendix 12). The fact that co-financing letters are signed by the highest authority figures also reinforces the fact that commitments within the project are institutionwide, medium-term and across many public institutions. Annual co-financing (the national government’s cost shares) is modest to guarantee fiscal viability. Importantly, cash co-financing is earmarked by the Ministry of Finance and once committed for a fiscal year, must be spent by each institution. In this case, having secured US$200,000 as cash contributions guarantees that in-kind contributions will follow. MEDIUM to LOW Insufficient political will and fragmentation of institutional mandates to A change of Government support activities of the was due to occur during the project preparation project period (2009). Current fragmentation of functions slows biosafety operations 35 The risk of low political will was identified in view of the change of Government that was due to take place in 2009, but was mostly mitigated during the project preparation phase. The current Government fully accepts and supports the Project, as well as the intended design and implementation arrangements for its coordinated execution. The provision of and raises costs both cash and in kind co-financing is also a sign of this support, as is the partnership with SENACYT. Moreover, competent authorities agree on the need for coordinated action, and clear mandates for more cost-effective biosafety management, so that the fragmentation that currently exists should dissipate as the project progresses. Lack of adequate coordination between entities or involvement when executing project activities Once formalized, the National Biosafety Technical Commission will orient the Involvement of competent implementation of the Project and will provide a channel for undertaking an integrated authorities has been approach to biosafety. It will also ensure the relatively constant and should continue to be, but participation of all relevant institutions focused on meeting the objectives and outputs of the coordination action in project. biosafety still needs reinforcement Institutional and sectorial capacities will be gradually increased for the implementation of biosafety regulations, policies and programmes. In fact, institutional capacity building will emphasize coordination and the importance of mutual support, and will be prioritized for the application of regulations and risk assessment on the use of LMOs. All information will be put on the BCH, for due monitoring and follow-up, and as a means of “advertising” project activities. LOW Lastly, another factor that will help to mitigate this risk is the recognition that biosafety implies commitments acquired at the international level, such as the CPB and through the signature of inter-institutional and regional agreements, as well as the establishment of institutional alliances. Increased pressure and actions from the private sector exceeding institutional capacities. Specifically relating to: requirements arising from the Free Trade Agreements recently This risk will be kept low by ensuring a fluid dialogue with the private sector. Panama still The risk of private sector has a small professional and business community; everyone knows each other. initiatives (in favour of Sensitive subject matters, such as the impacts biotech applications) progressing at a faster rate of the NBF on R+D, LMO identification and labelling, are currently discussed openly (and than the work of the will continue to be); information will always public sector to regulate such applications is not a be provided on request, and informal contacts HIGH 36 minor one; in terms of signed by Panama or soon to be signed; rise in biodiversity, this would be the risk of gravest impact. commercial flux of LMO products exceeding the country's capacity to manage biosafety in accordance with the Cartagena Protocol. Slow and complex administrative hurdles within the National Executing Agency hinder timely project execution Changes in the present agricultural and energy policies (including climate change adaptation) affect the rate or scope of LMO adoption in the country MEDIUM to HIGH Administrative obstacles with PPG precluded execution of these GEF funds, creating an unfavourable precedent but also a learning experience fostered. The regulators will ensure that they remain “approachable” throughout this effort. The project’s communication strategy will especially target producers, and a survey with the private sector and researchers will be included. These actions should ease the possibility of unauthorized private activities posing a threat to biodiversity, as both the scientific community and the private sector will be aware of the actions being taken to regulate LMO use, and will be able to take part. Fluid modalities and communications, and clear responsibilities are needed in order to avoid delays and mishaps, as experienced with the PPG. These lessons learnt will be duly applied for project execution. Unlike with the PPG, a specific department within ANAM with prior experience in GEF project financial execution and administration has been designated. In this unit, contact persons will be identified and an appropriate reporting periodicity established from the onset. The country’s definition of eventual climate change adaptation and mitigation measures could potentially and negatively influence the Global tendencies could potentially influence project’s impact, insofar as these may or diminish the project’s stimulate the introduction of large scale biotechnological solutions, driven by global impact tendencies such as biofuels derived from LMO or drought- and/or salinity-resistant crops, given the potential availability of these technologies in the near future. LOW to MEDIUM Under this eventual scenario, the project shall consider the possible counter-position of agriculture and energy policies, with the policies for biosafety and access to genetic resources. This in turn will require the integration of visions and adoption of decisions that are coherent with the regulatory framework, in order not to reduce the country’s options nor lose development 37 opportunities or environmental resources. The mitigation of this risk also requires strong elements of governmental coordination so that biosafety is not considered on the margins of economic development or sustainable development issues, but under a more integrated vision, with political support to ensure its sustainability and continuity, and its full integration into environmental public policies and commercial practices, and into ANAM’s permanent mandate. For this reason, biosafety has been integrated into the revised National Environmental Plan, the Cartagena Protocol has been linked to a range of national policies and competent institutions, a permanent Unit in charge of biosafety and genetic resources has been set up, and collaborators for biosafety management are being sought, so as to ensure coherent and sustained government-wide support. Stakeholder buy-in is also being assured through the reinforcement of the Biosafety Commission and the creation of Sectorial Committees, as these coordination mechanisms contribute to mainstreaming biosafety and will not only help to steer the manner in which the Cartagena Protocol is implemented in the country, but will also allow greater sectorial understanding of the issues at stake and of the country's biosafety commitments. 3.6. Consistency with National Priorities and Plans 123. Panama has diverse plans and programmes that explicitly mention biosafety. The National Biodiversity Strategy of 2000 initially provided an overarching framework by establishing amongst its strategic objectives the need to “increase knowledge, information and awareness of the population regarding biodiversity, biotechnology, bio-prospection, biosafety and access to genetic resources”, as well as to strengthen the General Law of the Environment for the promotion and formulation of policies together with rules and regulations that would foster the conservation, sustainable use and distribution of biodiversity benefits, according to commitments acquired under the CBD. 124. The Biosafety and LMO Control Sub-Program was developed as a component of the National Biological Diversity Plan of Action of 2000, with the goal of implementing regulatory and policy frameworks regarding biosafety in the introduction of species and LMO control, with the participation 38 of key actors such as: MIDA, ANAM, MINSA, the National Committee for Information Exchange in Biosafety, civil society, as well as ARAP and AUPSA. These were very much the first steps taken to create a biosafety agenda for Panama. 125. Subsequently, the ENA 2008–2012 has set forth several strategic guidelines, of which Guideline 1 aims to “Strengthen the capacity of ANAM to perform its duties regarding environmental matters” and prioritizes the elaboration and execution of a national biosafety public policy, plan and programme, as well as BCH operations. Likewise, Guideline 4 highlights the “Protection, recovery, restoration and improvement of ecosystems to contribute to sustainable development, understood as a general improvement of population wellbeing and generation of employment” and considers NBF implementation a priority as well as the establishment of other Biosafety Information Centres in the country. 126. More specifically, Guideline 1 Objective 1 refers to the consolidation of environmental legal and policy frameworks, citing in particular the Biosafety Regulating Framework and biosafety policy with its plan of action. Objective 2 prioritizes the functioning of the National BCH website and the creation and consolidation of a Scientific, Technological and Environmental Research Network. Similar lines of work relating to biosafety regulations and information are laid out under Guideline 4, as activities that contribute to biodiversity conservation and sustainable use. 127. The Objectives and Strategic Guidelines of the National Biodiversity Strategy and of the ENA 2008–2012 are in consonant with the country’s ratification of the CPB through Law Nº 72 of 2001, later complemented with Law Nº 48 of 2002, as the principal instruments of application. The latter Law establishes the NBC for LMOs, defines institutional competences, sets forth the creation of Sectorial Committees in the agricultural, environmental and public health sectors, and establishes a framework for the development of specific regulations. Other entities such as ARAP, MIDA, AUPSA, MINSA as well as INDIACAST are involved and function actively in meeting strategic guidelines and national regulations, and are in agreement with the objectives of the CPB, in as much as they focus on the need for information, coordination and greater capacity for inspections in the area of environmental management. 128. The above environmental Strategies are also complemented by initiatives from other sectors, such as the National Science Plan generated in order to promote R+D in Panama, and open spaces and means for the expansion of the scientific sector, where biotechnology is seen to play a strategic role and offers an opportunity to access benefits derived from the use of native genetic resources. Another government priority is the modernization of customs services, which is linked with the expansion of the Panama Canal that has already begun and with the overall need for greater efficiency and transparency in border control processes. Both these initiatives will be of benefit to the project and to the implementation of the CPB. 129. Furthermore, ANAM approved between 2005 and 2007, nine environmental policies, among them: Environmental Information; Supervision, Control and Inspection; Decentralization of Environmental Management; and Biodiversity. The National Biodiversity Policy, through the Strategy for the Conservation for Sustainable Development and its policy orientations for 2004-2009, underlines the need to establish a biosafety regulatory framework in Panama. To date, other institutions have also incorporated biosafety into their annual plans, either through the monitoring of authorized activities, or through following-up on the CPB and training issues. 39 130. It is worth noting that in 2006, with the onset of GEF-4, Panama was one of the first countries to determine, during the programming exercise with countries coordinated by the GEF Secretariat to agree on project allocations under the newly-launched “Resource Allocation Framework” for the Biodiversity Focal Area, that it would set aside close to $1,000,000 of its GEF resources for a biosafety project. This is indicative of Panama’s long-standing plans to prioritize biosafety and the CPB over other facets of biodiversity protection; biosafety has been on the “policy radar” even before the start of GEF-4 and the finalization of the NBF Development Project. 131. Lastly, Panama is currently undertaking its United Nations Development Assistance Framework (UNDAF) programming process, for the period 2012-2016. This framework, which sets priorities for any future cooperation and development assistance to be received by Panama from Agencies of the United Nations, will likely include an environmental chapter focusing -among other things- on the national implementation of multilateral environmental agreements such as the CBD and its protocols. The current UNDAF for the period 2007-2011 does not make any significant statements on the environment but rather circumscribes core conservation issues to an issue of human rights. 3.7. Incremental Cost Reasoning 132. Context and Wider Development Goals: Panama, a country of medium-high income serving as a bridge between North and South America in the middle of the Atlantic and Pacific Oceans, suffers from extreme economic inequalities: close to 40% of its population lives in poverty, highlighting it as one of the countries with larger inequalities in the region. In terms of biological diversity, the country is considered to be amongst those with the most biological diversity in the world, particularly considering its size. It has more than 10,400 species of plants, 1,300 endemic and almost 200 endangered. Out of its 2,950 vertebrate species, more than 100 are threatened and 121 are endemic (and a much larger number share their endemic origin only with Colombia or Costa Rica). Almost ten percent (10%) of the bird species in the world are in Panama, and twelve (12) species are only found in Panama, with almost 50 amphibious species classified as endangered, many of which are critically endangered and only found in Panama and neighbouring Costa Rica. Panama also has habitats for feline species such as jaguars and harpy eagles, which require large territories covered by native vegetation for survival. These facts attest to the richness of Panama´s tropical forests, but do not account for the range of biodiversity threats to which they are exposed. This rich and unique biological diversity is facing increasing pressures and requires a joint effort of conservation and protection. Habitat destruction and degradation caused by deforestation from slash-and-burn agriculture, by invasive alien species, by soil and coastline erosion and by pressures from a growing tourism industry are the main biodiversity threats faced by much of Panama’s tropical forests and mangroves. 133. Biosafety is considered one of a battery of approaches needed to reduce the impacts of these biodiversity threats, reason for which Panama is a Party to the CPB. Despite achievements with the UNEP-GEF Project “Development of a National Biosafety Regulating Framework for Panama” however, many tasks remain in the realm of biosafety. The main end results of this project were: (1) the Draft of the National Biosafety Regulating Framework for Panama, to update Law 48 of 2002; (2) three diagnoses on gaps in the legal framework, institutional capacities and trade of transgenic products in Panama; (3) proposals for a Training Programme for Biosafety; and (4) a preliminary database. Proposals and means for “modernizing” biosafety were also outlined. 134. Similarly, the UNEP-GEF project “Building Capacity for Effective Participation in the Biosafety Clearing-House (BCH)” resulted in: (1) the establishment of the National Committee for 40 Information Exchange in Biosafety, (2) the design of Panama’s BCH website, (3) computer equipment provided to institutions that are part of the national BCH, (4) technical and specialized assistance, including equipment set-up, intra- and internet connectivity and choice of BCH modality, (5) training workshops to train up to 20 national participants in the use and access of the BCH, and (6) further use of the training materials provided. However, these achievements and goals are not enough for the full implementation of the CPB. 135. The government’s strategy is based on: Law Nº 72 of 2001 for CPB ratification, Law Nº 48 of 2002 which creates the NBC; Forestry Law (1994); Environmental Impact Law (1994); Law 24 of Wildlife (1995), General Environmental Act 41 (1998) which created the ANAM and detailed an ambitious framework for the administration, conservation and preservation of natural resources and environmental assets of Panama. More recently, the National Environmental Strategy 2008-2012 sets out a five year vision oriented at: (i) strengthening ANAM’s capacity in exercising its environmental matters guardianship; (ii) working in close collaboration with the State, the private sector and civil society for fostering advantages sustained in human capital, social capital and technological innovation in production and not excluding access to natural resources with subsidies; and (iii) consolidating ANAM’s institutional and regulating capacity to act on biosafety matters. Panama is also signatory of a series of international agreements regarding biodiversity (e.g. CBD, RAMSAR, CITES, CMS, SPAW Protocol, Climate Change). 136. The Government of Panama, together with its partners (such as IDB, WB, FIS, IFAD) have mobilized resources for many programmes and activities under planning or currently in process that support the environmental and sustainable development agenda of the country, especially actions concerned with the reduction of poverty levels, strengthening of the protected areas system, sustainable rural development, establishment of environmental and rural Investment Funds, strengthening of community organizations, territorial planning and zoning, and adequate use of environmental resources; the current project aligns well with both the former and latter objectives. 137. Baseline Scenario: The Government of Panama, through Competent Authorities, in collaboration with international financing organizations such as: UNEP, UNDP, FAO, among others, has implemented institutional and legal capacity building projects covering the environmental, agricultural and health sectors, as well as small-scale projects for information exchange on LMO, with very little community participation and almost no private sector participation. Competent Authorities such as the MIDA have established an internal group deal with the topic of biosafety; at the health level, there is also a biosafety committee. In the environmental sector the emphasis has been on establishing legal regulations that can serve as a base and platform to deal with the CPB. Concomitantly, activities have also taken place to promote sustainable use and conservation of natural resources and biodiversity of global importance; improve socioeconomic and environmental conditions at the community level; integrate the concepts of sustainability and sustainable development in all sectors; and conserve and monitor the state of biological diversity within Protected Areas. In comparison with these lines of work, however, capacity building in biosafety has progressed slowly. Biosafety implies tackling a rapidly evolving field, with new sets of technologies and options emerging on a yearly basis, making it increasingly challenging to address biosafety from a position of confidence. 138. The baseline of the current Project will focus on updating and applying national regulations for CPB implementation. Baseline investments by the State (in the absence of GEF support) over a four year period are expected to reach US$1 million, confirmed as project co-financing. Nevertheless, an estimation of the required baseline investment came out at US$ 1.25 million, broken down as follows: 41 Approximately US$ 250,000 will be destined to the initial implementation phase of the CPB ratified by Panama (Law 72 of 2001), to approving the modification of Law 48 of 2002 and to setting in motion Executive Decrees for sectorial regulations. The emphasis will be on the establishment of procedures for LMO research in confined use and release into the environment, liability and redress (for example under laws, decrees and resolutions) and specific norms, as well as on training of the Judicial body regarding rules and regulations for biosafety and LMO use; About US$ 300,000 can be allocated to strengthening Competent Authorities to carry out LMO evaluations and follow-up on decisions taken. In this area of work, efforts would go towards laying the technical, administrative and human foundations for a risk assessment and management system. Clear mandates, effective coordination and exchange of information would be at the heart of these efforts; The first steps in creating a Monitoring, Inspection and Follow-Up System would have an approximate cost of US$ 300,000 covering features such as the analysis, case by case, of LMO requests and following-up on recommendations. Much of this investment would relate to the use and maintenance of basic laboratory facilities and access to scientific know-how, and to the operational costs of carrying out on-site visits and inspections. With strong limitations, the initial costs for implementing the Training Programme for Biosafety would also be covered; The baseline for biosafety information generation, covering the maintenance of Panama’s BCH site, is estimated to cost close to US$ 200,000. This line of work would include periodically updating existing information and registering new information, but would be limited in terms of processing information to support biosafety decision-making; The country’s investment in the promotion of public awareness, education and public participation in matters relating to biosafety would likely be very limited, barely covering the costs of initiating a biosafety communication strategy, calculated at about US$ 200,000. 139. The GEF alternative. GEF investment in the current project would allow the Government of Panama, through its Competent Authorities, to be more effective and extensive in its biosafety actions, and reduce risks to biodiversity conservation in order to increase the global benefits provided by the Project. The country has strengthened biodiversity protection measures at the national and local level, for example through the creation of protected areas, has gained experience through Environmental Impact Assessments, and has invested in creating human resources and institutional mandates for better management of natural resources. Yet the area of genetic resources protection, under which biosafety fits well, is a more nascent field. It is also a complex field, and highly transversal; entailed in the conservation and sustainable (and responsible) use of genetic resources are considerations as onerous as intellectual property rights, access and benefit sharing, protection of associated traditional knowledge, centres of origin, ex situ conservation, international commerce, food security and safety, farmer’s rights, and biosafety. Notwithstanding initial steps to mainstream and integrate this array of complex issues, through actions as diverse as creating institutional structures and work units to advancing policy and national positions, much road remains to be travelled to be truly effective in the sustainable use of genetic resources and contribute not only to national biodiversity benefits, but also to global benefits as part of the international community. 140. To reach global value biodiversity protection, extra support is therefore required, especially with the implementation of a precautionary instrument such as the CPB, which is unlikely to accrue measureable global benefits in the lifetime of a single GEF project. Hence this “incrementality” can be covered by the GEF, as a co-financier in the current (and other) projects together with the National 42 Government. Since it is understood that the creation of institutional and sectorial capacities for the implementation of the CPB will increase, this can effectively induce Panama to undertake measures that are additional to those that would be normally taken. Thus, the National Government could make some progress in biosafety with or without GEF and as such, is able to finance the baseline, but the incremental cost is best assumed by the GEF, since the country cannot assume the alternative alone. 141. Under the alternative scenario facilitated by the GEF, the Government of Panama could adopt a more ambitious programme, generating global, national and local benefits in terms of biodiversity conservation. Sectors involved in, and/or beneficiary of, the proposed Project are precisely those most affected, in terms of stakes, rights and opportunities, by the entering into force of a new framework for biosafety. Given the weight of their responsibilities, they are inherently part of the GEF alternative. The GEF alternative will stimulate a wider range of measures to be undertaken promptly for the full implementation of the CPB, and will open the door for Panama to link up with the NBF Implementation projects of other Central and South American and Caribbean countries, currently nascent, and join forces in the task of conserving biological diversity of national, regional and global importance, through biosafety. 142. Total expenses associated with reaching the GEF Alternative Scenario are estimated to require US$ 2,600,000 over 4 years, yet the overall investment here expected is for US$ 1,954,927. The costed GEF scenario is to be co-financed between the Government -or more precisely the State- and the GEF. With this sum, the expected results are as follows: The Project will aid in the operation, modification and completion of biosafety legislations, so that research and environmental release of LMOs are adequately and promptly regulated, and official decisions can be emitted and followed-through as a sign of a functional biosafety legal framework. Next steps will be to “upgrade” the biosafety system from functional to efficient, for which the current project will lay a base of institutional capacities and provide a 4-year learning experience; The Project will support the strengthening of national capacities for risk assessment and management of LMO, and for the definition of valid scientific criteria for biosafety decision making, also considering socioeconomic aspects. It will also facilitate the development of courses, workshops and technical meetings on risk assessment and management, for institutional beneficiaries such as MIDA, IDIAP, MINSA, ANAM, INDICASAT, SENACIT, ARAP, AUPSA and AMP and other scientific and educative entities, such as universities and their information centres, as well as producers, the private sector and NGOs. The implementation of a LMO Biosafety Plan of Action is proposed; The Project will support the creation of an integrated monitoring, inspection and response system for improving procedures for information gathering, notification, control, monitoring and follow-up, in coordination with the BCH structures; this tool will serve to ensure not only fulfilment of international commitments but also as an early warning for LMO shipments that could be brought into Panamanian territory; The Project will generate information to cover identified gaps as well as pinpoint limiting factors in the handling systems of LMOs, and lay the foundations for a biosafety traceability system that includes protocols, and sampling and detection techniques, and has the participation of sectorial Competent Authorities; The Project will create mechanisms for raising public awareness, through application of a CPB Communication Strategy that facilitates integration and awareness of the civil society and all sectors, in LMO topics. These activities will be supported by Competent Authorities and by communication media. 43 143. Administration, coordination and M&E of the Project: in addition to the activities seen in the Baseline Scenario, activities under the GEF Alternative include the incremental costs of duly administrating the Project, which will be jointly incurred by ANAM and the GEF to achieve the GEF alternative. 144. The GEF alternative will strengthen Competent Authorities and sectorial level regarding LMO, at the same time research and academic sectors regarding the use of modern biotechnologies, as well as community organizations and general public, with more information and awareness on possible effects for the use of LMO and will increase knowledge of the private sector. It will also help strengthen biodiversity conservation and wild species of agricultural interest species of the country. 145. Incremental cost: The incremental cost will help the country reach global objectives for the full implementation of the CPB and consolidation of Competent Authorities in biosafety and in situ conservation matters and on the sustainable use of wild, endemic species and protection of genetic resources, among others. 146. This Project is vital for the development of procedures and putting into practice biosafety regulation, but mostly importantly, for bringing private and public know-how together in a cohesive fashion. Raising the extent to which institutes, research and technological innovation centres, universities and private companies invest in biosafety, through buy-in, multi-disciplinary decisionmaking, and even investments in research and biotechnological innovation, are expected incremental effects of this project. Heightened participation in this project from non-public sectors, including civil society, will accrue global benefits by consolidating NBF implementation and Panama’s role as a Party to the CPB, and by raising inter-sectoral awareness of the significance of biosafety. 147. The incremental contributions of this project also include the provision of or access to training opportunities, the increase in national -and not only sectoral- capacity for the definition of valid scientific criteria for biosafety, taking better advantage of the BCH, promoting information exchange as both inputs to decisions and a means for transparency and coordination, and refining procedures for receiving importation requests. These incremental facets of the NBF can be better implemented through GEF’s involvement. Overall, the incremental costs in this Project have been estimated in the order of US$ 954,927 as the difference between the Baseline investment (US$1 million) and the overall investment for the GEF alternative (US$1.95 millions). A full breakdown of estimated incremental costs per component is provided in Appendix 3. 148. The proposed Project directly contributes to the Government’s strategy; the global environmental objective of the Project is the development of national capacities for management of living modified organisms, for safeguarding biodiversity, through full implementation of the CPB. 3.8. Sustainability 149. The sustainability of the Project will be achieved through participation of agricultural, environmental and health sectors, with full participation of government institutions, productive and private sector, researchers and academic centres. Such participation will be formal, taking the form of inter-institutional partnerships, multi-sectorial committees and administrative transparency, as well as informal, through debate and consultations; a combination that reflects the way Panama envisages biosafety moving forward in the future. Indeed, formal alliances will be encouraged as a means to share and mainstream biosafety responsibilities. Cooperation agreements between interested parties 44 will define procedures for continuous follow-up and monitoring of activities carried out, thus guaranteeing institutional and financial sustainability. 150. Informed participation of the general public also plays a key role in the decision making process, and in the control and surveillance of LMO use approved in the country. The applicability of the NBF (especially its regulations) will largely depend on the extent to which its promoters (regulators) and users (regulated) are aware of and understand the framework. Activities of the Project are designed to fill identified gaps and solve barriers, consisting mainly in institutional capacities and know-how, but in particular, the Project seeks to guarantee long term effects by creating policies and strategies that will mandate institutions to improve their administrative, research and productive management of LMOs, with a view to increase their knowledge of biosafety and with this, prevent any adverse effects from modern biotechnology on natural resources, biodiversity, human health and economic activities. 151. As already pointed out in sections 3.1 and 3.4, the Project’s design amalgamates several factors intended to increase the success of NBF implementation, and therefore the sustainability of the capacity being built. These factors involve investments in, among others: (i) creating human capital (a critical mass) for increasing the knowledge base and building biosafety sustainability; (ii) regulatory compliance, through control and monitoring mechanisms and sufficient capacity to implement biosafety beyond the paperwork; (iii) building alliances with key institutions, such as SENACYT, the country’s main driver of science, technology and innovation, to share both project responsibilities and biosafety agendas; (iv) setting up institutional structures and units able to articulate biosafety with other areas of biodiversity protection, handle administrative tasks and achieve inter-agency coordination; and (v) fortifying the role of ANAM, as the CPB and BCH Focal Point, and the main biosafety “guarantor”. 3.9. Replication 152. Lessons learned in the implementation process, analyzed and evaluated through independent cases will be key aspects for optimizing the replication of the Project. Monitoring and evaluation of Project activities can be systematized to derive best practices and effective actions worthy of replication. They could even serve as case studies for similar projects, and be made available to within the country and the region. It is also expected that the training and communication components of the project will open opportunities for replication, for example, the experience of disseminating knowledge and information can be replicated and improved when the strategy concerned is updated and re-implemented. There is also potential for intra-regional exchanges between similar NBF Implementation projects to prompt efficacious approaches from other countries to be replicated back home. 3.10. Public awareness, communications and mainstreaming strategy 153. The ENA 2008–2012 considers, as part of improving institutional management, the design and implementation of a Training Programme for Biosafety aimed at strengthening the administrative, scientific and technological savvy of the staff of ANAM and other public institutions that are part of the environmental management system. As part of strengthening the services provided by ANAM, databases, public information, websites, maps and a communication strategy will all come together to facilitate public participation and outreach in biosafety. 45 154. ANAM will design and execute a communications strategy for disseminating biosafety experiences and also sensitizing the media, the productive sector, NGOs and civil society organizations to this topic. Likewise, mechanisms for accessing information will be made operative, or improved, through Panama’s BCH website and in accordance with the country’s transparency Law guidelines. Part of the strategy will involve promotion of informed and timely public participation in decision making for LMO management and handling. 155. The Project will serve as a driver for the Science and Technology Programme at the national level, providing important inputs such as biosafety and biotechnology contents (and lobbying) for inclusion into higher education and graduate curricula, and fostering research opportunities related to transgenic organisms. This will involve working closely with SENACYT and IDIAP, and will be a sign of biosafety being mainstreamed by the science and technology sector. Likewise, the communication strategy contemplates the establishment of a National LMO Forum, to strengthen links between ANAM and main organizations for the generation, dissemination and application of knowledge in the country and abroad. Another expression of biosafety being mainstreamed into the national agenda is, to some extent, already taking place, yet will be further stimulated by the current project. ANAM has begun to articulate biosafety with other areas of biodiversity protection, for example, through the creation of UNARGEN as a mentor to the Biosafety Unit which is currently being set up and which this Project will help to consolidate. Other public institutions are also doing so -gradually- within their areas of competency, through permanents groups that have biosafety as part of the work agenda. 3.11. Environmental and social safeguards 156. Biosafety is a polemic topic with many facets, so it follows that NBF implementation could affect some sectors of society more than others. For this reason, care will be taken this project to be inclusive, egalitarian, and transparent, and above all, to provide the means to empower interested parties, irrespective of race, gender and creed, to get involved in biosafety issues. By establishing mechanisms to enable public access to information, consultations and exchanges, and by building socio-economic and cultural considerations into biosafety decision making, the social impacts of implementing the NBF, and thence this project, should be reduced. 157. From the perspective of project operations, equal employment opportunities will be given to men and women. Project activities and training will not discriminate against any particular group or gender, while target groups such as youth or private companies will receive special attention in the development of the communication strategy and awareness raising materials. The project will not finance any activity that may have negative impact in the field. 158. No environmental impacts are foreseen from project operations since building environmental safeguards together with the precautionary principle will be fundaments of the project. As the Executing Agency of this project and also the Focal Point for the CBD, CPB and BCH, ANAM is mandated to ensure that environmental safeguards are incorporated into the implementation of all of its projects. Environmental impacts will constitute one of the key decision-making criteria when assessing biosafety management options. Some such criteria have already been devised and include: (i) Prohibiting the introduction in protected areas of LMO that may have adverse effects in biodiversity, human health; (ii) Restricting the use of LMOs in threatened, critical or vulnerable ecosystems and where endemic or endangered species exist. 46 SECTION 4: INSTITUTIONAL FRAMEWORK AND IMPLEMENTATION ARRANGEMENTS 159. National Executing Agency – The National Environmental Authority, ANAM, acting as the “National Executing Agency” (NEA) will be the entity legally responsible for the executing the Project. ANAM was designated as the NEA by the central Government after consultation with the GEF and CPB Focal Points. Brief Terms of Reference (TOR) for the NEA are in Appendix 11. Its role and responsibilities centre on the effective coordination of project activities, on keeping the project on track towards achieving its objectives and expected results, on maintaining high fiduciary standards and reporting to UNEP, and on ensuring that the project does not counterpoise or contravene Government actions in biosafety or in other related matters, in any way. The NEA will be supported in its role by the SENACYT, offering technical cooperation and advisory services in biotechnology R+D and biosafety matters. 160. ANAM, through its Direction of Protected Areas and Wildlife (DAPVS), will set up a Biosafety Unit supported technically and administratively by UNARGEN and with qualified human resources responsible for guiding project actions, reviewing project products, keeping track of benchmark results and giving long term continuity to the implementation of the CPB. Specific staff from the Biosafety Unit /UNARGEN will therefore be appointed as national counterparts for the Project. In addition, project execution will be supported by the following ANAM structures: A. Project Administration Unit: The administration of Project funds will be in charge of the Administrative Unit of the DAPVS since it counts with experience in handling international funds from GEF, BIRF and WB, and with qualified staff that will be in charge of administrating both GEF and counterpart funds allocated to the Project. The Administrative Unit, in coordination with the Direction of Administration and Finances of ANAM, will open an exclusive account at a local bank for depositing GEF funds. Expenses of the project will go under pre and post activity control. B. Financial Support and Coordination Units: Will be available from ANAM’s Office of Environmental Planning and Policy, in charge of guiding and giving proof of cost share funds of the Project (co-financing), and of regularly submitting budget execution reports in coordination with the Administrative Unit. C. Legal Advice: Will be available upon request for the revision of legal documents and regulations emerging from this project. 161. National Project Coordinator - The execution, coordination and supervision of all aspects of the Project will be carried out by a National Project Coordinator (NPC), working full time for the NEA. The NPC will technically report to the Director of Protected Areas and Wild Life, and politically to the General Administrator of ANAM, if needed. The NPC will also report to UNEP and to the Biosafety Committee to which a wider range of stakeholders will be invited in order to function as the project’s Coordinating (Steering) Committee until such a time as the NBTC is constituted. The NPC will also liaise closely with the chair and members of the Committee and the NEA in order to coordinate the work plan for the Project and ensure the quality of its outputs. 162. The NPC will work closely with the Administration Unit to process procurement and payment requests, once approved by the DAPVS. While the NPC will lead, orient and coordinate all activities carried out under the current project, all operative plans, budgets, reports, terms of reference and contracts, as well as final documents presented by the NPC, must be approved by the DAPVS. The NPC shall be responsible for project management and supervision, and will maintain a close working relationship with UNEP. He/she will provide general oversight of project operations; will supervise 47 staff (consultants, administrative staff and assistants) contracted under the Project or appointed for the execution of specific NBF components; and will be responsible for the presentation of all substantial, administrative and financial Project reports to UNEP, including an annual inventory of nonexpendable equipments acquired with Project (GEF) resources, which will be subject to external audits under the financial audits to be carried out annually to the project. The NPC shall also elaborate budgets and reports relating to the national share costs, to be endorsed by the DAPVS and approved by ANAM’s Office of Environmental Planning and Policy. The Terms of reference (TOR) for the NPC are in Appendix (11). 163. The Project’s Coordinating (Steering) Committee will be formed directly from the Biosafety Committee (formally baptized: National Committee for Information Exchange in Biosafety), which is presided by the ANAM (as its Secretariat) and to which new Government representatives will be added11, as well as the UNEP Task Manager. Representatives from the productive sectors, private sector, NGOs and civil society organizations will be invited on a collaborative and consultative basis, but will not be formal members of the Steering Committee. This Committee will act as an advisory group that supports the implementation of the Project, will review technical aspects to be considered in the development of the Project, will facilitate communication and coordination between entities, and will be multi-disciplinary and include representatives of all government entities with mandates pertinent to the CPB. The NEA has a clear mandate for establishing work sub-groups, and may do so when necessary. 164. The Coordinating /Steering Committee will be object of at least 4 meetings per year, with participation of the responsible staff of the NEA and the UNEP Task Manager. The progress reports to be presented by the NPC will serve as a base for annual and quarterly meetings. 165. Government decision makers will also be involved in this project at times when political considerations come into play, and as a means of keeping the highest authorities within the following Competent Authorities abreast with national progress made in biosafety: ANAM, MIDA, MINSA, AUPSA and ARAP. Competent Authorities will have power of decision over specific aspects of the Project and will offer advice on a needs basis. These horizontal and vertical mechanisms will be especially important for tackling the implementation of international, national and sectorial regulations for biosafety in an integral and coordinated fashion. 166. A scheme showing the “chain of command" for the Project is provided in Appendix 10, indicating who executes, who are the decision makers, who gives support, who reports to whom, and who are the external collaborators. 11 Current members: Ministry of Agriculture, Ministry of Health, Ministry of Commerce and Industry, Panamanian Food Safety Authority, Aquatic Resources Authority of Panama. Members to be invited: Panama Canal Authority and the National Customs Authority 48 SECTION 5: STAKEHOLDER PARTICIPATION 167. The Project considers participation of different interest groups (stakeholders) to put into operation a “Participation Plan” with the purpose of maintaining a space for facilitating the flow of upto-date information, and stimulating cooperation and alliances between the key interested actors, such as SENACYT, MINSA, MIDA and ANAM, in addition to other institutional actors. This will occur mostly through Committees, such as the National Committee for Information Exchange in Biosafety, later to become the National Biosafety Technical Commission complemented by Sectorial Committees, but also through meetings, workshops, forum, and the media, combining active and passive forms of communication as well as formal and informal means. 168. Participation in this Project will be fostered with all sectors; entities that participate will formally designate their representatives in different levels of participation (eg. political or technical, permanent or ad hoc) and in different process required for achieving national goals and those of the current Project. Sectors involved in biotechnology management at the regional level will also participate, such as IICA and the private research sector, together with new interested parties and some organizations that express an opposition to LMO. 169. As providers of information for biosafety and biodiversity, the academic and scientific sector will be a key player in the implementation of the NBF, and will take on both facilitative and advisory roles. Their involvement will also contribute to widen the impact and outreach of project activities, by stimulating the participation of a more diverse public. For example, the involvement of Universities will be paramount for reaching to students and budding biotechnologists. 170. Central to the dimension of stakeholder participation is this project’s coordination committee that will be formed on the basis of existing groups, until such a time as the NBTC can take over. The main participants will be the members of the National Committee for Information Exchange in Biosafety, thus giving continuity to previous coordination efforts, while also constituting a means to de-centralize biosafety management and ensure stakeholder buy-in. The intention is to share roles and responsibilities amongst institutions in a way that will benefit the implementation of the NBF. The diligent work of the project’s Committee will be paramount to Components 1 and 5, notwithstanding the importance of its inputs and supervision for the successful completion of other Components. 171. The creation of the Sectorial Committees is contemplated as another way of providing participatory platforms through which to integrate stakeholder groups into LMO management processes, and will be important for Component 5. On the other hand, the Project will also seek to bring non-public sectors closer to biosafety issues, by stimulating information exchange, access to databases, and guaranteeing the continuity of BCH functions. SECTION 6: MONITORING AND EVALUATION PLAN 172. The project will follow UNEP standard monitoring, reporting and evaluation processes and procedures. Substantive and financial project reporting requirements are summarized in Appendix 8. Reporting requirements and templates are an integral part of the UNEP legal instrument to be signed by the executing agency and UNEP. 173. The project M&E plan is consistent with the GEF Monitoring and Evaluation policy. The Project Results Framework presented in Appendix 4 includes “SMART” indicators for each expected 49 outcome as well as mid-term and end-of-project targets (see also Appendix 7). These indicators along with the key deliverables and benchmarks, included in Appendix 6, will be the main tools for assessing project implementation progress and whether project results are being achieved. The means of verification and the costs associated with obtaining the information to track the indicators are summarized in Appendix 7. Other M&E related costs are also presented in the Costed M&E Plan and are fully integrated in the overall project budget. 174. The M&E plan will be reviewed and revised as necessary during the project inception workshop to ensure project stakeholders understand their roles and responsibilities vis-à-vis project monitoring and evaluation. Indicators and their means of verification may also be fine-tuned at the inception workshop. Day-to-day project monitoring is the responsibility of the project management team but other project partners will have responsibilities to collect specific information to track the indicators. It is the responsibility of the National Project Coordinator to inform UNEP of any delays or difficulties faced during implementation so that the appropriate support or corrective measures can be adopted in a timely fashion. 175. An expanded Biosafety Committee (and later, the National Biosafety Technical Commission) will function as the project’s Steering Committee, will receive periodic reports on progress and will make recommendations to UNEP concerning the need to revise any aspects of the Results Framework or the M&E plan. Project oversight to ensure that the project meets UNEP and GEF policies and procedures is the responsibility to the Task Manager in UNEP-GEF. The Task Manager will also review the quality of draft project outputs, provide feedback to the project partners, and establish peer review procedures to ensure adequate quality of scientific and technical outputs and publications. 176. At the time of project approval, baseline data is partially available. Baseline data gaps will be addressed during the first year of project implementation, and if needed, a plan for collecting the necessary baseline data will be prepared following inception. 177. Project supervision will take an adaptive management approach. The UNEP Task Manager will develop a project supervision plan at the inception of the project which will be communicated to the project partners during the inception workshop. The emphasis of the Task Manager supervision will be on outcome monitoring but without neglecting project financial management and implementation monitoring. Progress vis-à-vis delivering the agreed project global environmental benefits will be assessed with the Steering Committee at agreed intervals. Project risks and assumptions will be regularly monitored both by project partners and UNEP. Risk assessment and rating is an integral part of the Project Implementation Review (PIR). The quality of project monitoring and evaluation will also be reviewed and rated as part of the PIR. Key financial parameters will be monitored quarterly to ensure cost-effective use of financial resources. 178. A mid-term management review or evaluation will take place in September 2013, as indicated in the project milestones, or at latest, two years after the date of the first expenditure. The review will include all parameters recommended by the GEF Evaluation Office for terminal evaluations and will verify information gathered through the GEF tracking tool, as relevant. The review will be carried out using a participatory approach whereby parties that may benefit or be affected by the project will be consulted. Such parties were identified during the stakeholder analysis (see section 2.5). The project Steering Committee will participate in the mid-term review and develop a management response to the evaluation recommendations along with an implementation plan. It is the responsibility of the UNEP Task Manager to monitor whether the agreed recommendations are being implemented. 50 179. An independent terminal evaluation will take place at the end of project implementation. The Evaluation and Oversight Unit (EOU) of UNEP will manage the terminal evaluation process. A review of the quality of the evaluation report will be done by EOU and submitted along with the report to the GEF Evaluation Office not later than 6 months after the completion of the evaluation. The standard terms of reference for the terminal evaluation are included in Appendix 9. These will be adjusted to the special needs of the project. 180. The GEF tracking tool for biosafety is attached as Appendix 15. It will be updated at mid-term and at the end of the project and will be made available to the GEF Secretariat along with the project PIR report. As mentioned above, the mid-term and terminal evaluation will verify the information of the tracking tool. In addition, annual reviews will take place to derive lessons learned, revise the annual budget and verify the project workplan. SECTION 7: PROJECT FINANCING AND BUDGET 7.1. Overall project budget 181. As shown below, the total project budget comes to US$ 1,954,927 which consists in US$ 954,927 from the GEF and US$ 1,000,000 in co-finance. This budget will cover the execution of five technical components, as well as project management costs, across a 4 year period. GEF Financing ($) a % Project Components 1. Implementation of the biosafety legal and institutional frameworks for complying with the CPB and the CBD 2. Reinforcement of capacities for LMO risk assessment and risk management 3. Creation of an integrated monitoring, inspection and response system 4. Generation of national information on biosafety 5. Promotion of public awareness, education and public participation in matters relating to biosafety 6. Project M&E 7. Project management Total Project Costs 7.2. Co-Financing ($) b % Total ($) (a+ b) 172,180 51 166,960 49 339,140 254,480 61 164,060 39 418,540 157,180 46 186,060 54 343,240 72,880 133,107 36 49 129,760 138,160 64 51 202,640 271,267 69,100 96,000 954,927 69 34 31,280 183,720 1,000,000 31 66 100,380 279,720 1,954,927 Project co-financing Institution ANAM Cash (US$) In-Kind (US$) Total: Cash + In-kind 170,000 307,700 477,700 SENACYT 5,000 82,400 87,400 MIDA 5,000 82,000 87,000 AUPSA 5,000 82,700 87,700 51 ARAP 5,000 82,700 87,700 INDICASAT 5,000 81,700 86,700 MINSA 5,000 80,800 85,800 200,000 800,000 1,000,000 Total 182. The co-financing of the Project totals US$ 1,000,000 and consists in 20% in cash and 80% in kind contributions from the Government of Panama. The institutions involved are ANAM (as Executing Agency), ARAP, AUPSA, INDICASAT, MIDA, MINSA and SENACYT. 7.3. Project cost effectiveness 183. This Project builds on previous work by following on directly from the UNEP-GEF NBF project and BCH project, whereby the bases for the current project’s goals were already set through these initiatives. The chosen structure for the results framework and the national implementation arrangements for the project respond directly to the main components defined under the prior UNEPGEF projects, to the scheme of the Cartagena Protocol and the key elements of the “Updated Action Plan for Building Capacities for the Effective Implementation of the CPB” (agreed at COP/MOP-3), to the experience already gained in executing this type of project in the past, and to the Biodiversity Policy now in implementation. 184. ANAM, the CPB and BCH Focal Point will act as Executing Agency and main coordinating entity, and will involve an array of relevant stakeholders in the Project for the consolidation of a biosafety system and biosafety capacities, not only by creating new and reinforcing old coordination mechanisms, but also by founding a collaborative relationship in favour of biosafety with the academic sector. Thus, project design foresees both sustainability and integration factors, so that biosafety is managed in a de-centralized way that complements the country’s biotechnology and bioprospecting needs, involving institutions who have direct responsibilities in biosafety, in generating biodiversity information, and in forming scientific know-how, and through structures that allow access to scientific expertise and technological capacity when these is not available in-house. 185. As explained, the project contemplates the distribution of responsibilities and leadership roles as a means to empower institutions to take on tasks relating to the Cartagena Protocol and LMO management, so that neither effectiveness nor sustained action rely exclusively on a single institution. Another important contribution to the project's cost-effectiveness is the experience gained by the National Committee for Information Exchange in Biosafety and by the National Executing Agency, through prior UNEP-GEF capacity-building efforts, in relation to consensus-seeking for the approval of regulatory proposals, the conduction of participatory and outreach processes, and the execution of UNEP-GEF projects. This acquired knowledge will be of significant value to the current project. 52 APPENDICES Appendix 1: Budget by project components and UNEP budget lines Appendix 2: Co-financing by source and UNEP budget lines Appendix 3: Incremental cost analysis Appendix 4: Results Framework Appendix 5: Workplan and timetable Appendix 6: Key deliverables and benchmarks Appendix 7: Costed M&E plan Appendix 8: Summary of reporting requirements and responsibilities Appendix 9: Standard Terminal Evaluation TOR Appendix 10: Decision-making flowchart and organizational chart Appendix 11: Terms of Reference Appendix 12: Co-financing commitment letters from project partners Appendix 13: Endorsement letters of GEF National Focal Points Appendix 14: Draft procurement plan Appendix 15: GEF Tracking Tool (Biosafety) 53 Annex 1: Project Document APPENDIX 1 - RECONCILIATION BETWEEN GEF ACTIVITY BASED BUDGET AND UNEP BUDGET LINE (GEF FUNDS ONLY US$) Project title: Panama: Consolidation of national capacities for full implementation of the Cartagena Protocol on Biosafety in Panama Project number: GEF ID 3631 Project executing partner: ANAM Expenditure by project component/activity (provide description) Project implementation period: 4 years Sep-11 Add additional components/activities as required From: Sep-15 To: M&E PM ANUBIS Comp 6 Comp 2 Comp 3 Comp 4 Comp 5 Total BL UNEP Budget Line Comp 1 Comp 7 10 PERSONNEL COMPONENT 1100 Project personnel 1101 96,000 96,000 1101 Project coordinator 1102 1102 Technical support 1199 Sub-total 0 0 0 0 0 0 96,000 96,000 1200 Consultants 1202 11,520 11,520 11,520 11,520 11,520 57,600 1201 Technical specialist 1202 93,000 93,000 1202 Consultants for Comp 1 (biosafety regulatory framework) 1202 57,000 57,000 1203 Consultants for Comp 2 (LMO risk assessment and risk +(1201) management) 1202 1204 Consultants for Comp 3 (inspection, monitoring and response 75,000 75,000 +(1201) system) 1202 9,600 9,600 9,600 9,600 9,600 48,000 1205 Support consultant (Assistant) 1299 Sub-total 114,120 78,120 96,120 21,120 21,120 0 0 330,600 1300 Administrative Support 1301 Driver 0 1302 Financial administration 0 1399 Sub-total 0 0 0 0 0 0 0 0 1600 Travel on official business 1601 10,000 10,000 1601 Travel costs of participant and organizer participation in 4 training workshops for risk evaluation and management of LMOs 1601 1602 Travel expenses for meetings and workshops on creation and 2,000 2,000 integration of the monitoring and response system 1601 4,100 4,100 1603 Travel expenses to cover outreach activities and networking 1601 4,000 4,000 1604 Travel expenses for coordination with other biosafety projects in the region 1699 Sub-total 0 10,000 2,000 0 4,100 4,000 0 20,100 1999 Component total 114,120 88,120 98,120 21,120 25,220 4,000 96,000 446,700 20 30 SUB-CONTRACT COMPONENT 2100 Sub-contracts (MOUs/LOAs for cooperating UN agencies) 2101 2199 Sub-total 2200 Sub-contracts (MOUs/LOAs for supporting organizations) 2201 2299 Sub-total 2300 Sub-contracts (for commercial purposes) 2301 Facilitation of training workshops and work meetings 2302 Sub-contracting LMO analysis laboratory services 2303 Reproduction and printing of pamphlets, brochures and outreach materials on LMOs 2304 Informative material development and design, including national BCH website contents 2305 Design and production of campaigns to implement communication strategy 2399 Sub-total 2999 Component total TRAINING COMPONENT 3200 Group training 3201 Briefing workshops for update, review and presentation of the biosafety regulatory framework 3202 Training on evaluation and management of LMO risks 3203 Training workshops on LMO detection, inspections and on implementing an LMO monitoring and response system 3299 Sub-total 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2301 18,800 2301 26,000 18,800 25,000 26,000 2301 24,000 24,000 2301 25,000 2301 60,000 0 0 3201 18,800 18,800 25,000 25,000 50,000 50,000 60,000 60,000 60,000 0 0 0 0 17,000 3201 17,000 130,000 3201 130,000 17,000 17,000 17,000 153,800 153,800 130,000 17,000 0 0 0 0 164,000 Annex 1: Project Document Sep-15 To: UNEP Budget Line 3300 Meetings/Conferences 3301 Work meetings for update, review and presentation of regulatory framework, and for resolving CPB notifications 3302 Work meetings on methodologies for risk assessment and risk management for LMOs, and for self-assessment 3303 Coordination and work meetings on LMO monitoring (detection, inspections, accidental releases, etc) 3304 Coordination meetings for gap analyses, adopting proposals, setting positions, CPB reporting, and deriving lessons learnt 3305 Dissemination seminars on biosafety 3306 Debate forums on LMOs, CPB, and other key biosafety issues (part of communication strategy) 3307 Youth event, diplomatic gathering 3308 High-level meetings for networking and seeking agreements and alliances 3309 Inception Workshop 3310 Meetings of the Sectoral Committees 3311 Meetings of the National Biosafety (Technical) Commission and invitees, and of Commission members for other project meetings and as Steering Committee ANUBIS BL 3301 50 3301 99 GRAND TOTAL Comp 4 7,300 7,300 5,000 5,000 3301 3,500 8,700 12,027 8,700 12,027 5,500 3,200 5,500 6,700 3301 3301 5101 4101 3,000 10,000 14,800 8,000 3,000 6,100 15,800 145,800 15,300 32,300 0 0 32,427 32,427 9,100 9,100 0 0 108,927 272,927 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 360 400 760 360 400 760 360 400 760 360 400 760 360 400 760 0 1,800 2,000 3,800 0 10,000 6,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 1,000 16,000 0 10,000 6,000 5,000 21,000 3,000 3,000 0 0 0 0 0 0 3,000 3,000 0 0 0 0 13,700 13,700 0 0 13,700 13,700 0 0 14,000 12,000 14,000 40,000 81,500 96,000 954,927 5201 5301 3,000 10,000 31,900 36,300 53,300 5201 5201 Total 15,800 3301 3301 PM Comp 7 15,800 3301 3301 M&E Comp 6 Comp 5 3,000 3301 EQUIPMENT AND PREMISES COMPONENT 4100 Expendable equipment 4101 4199 Sub-total 4200 Non-expendable equipment 4201 4299 Sub-total 4300 Premises 4301 Cost of renting or maintenance of an office 4399 Sub-total 4999 Component total MISCELLANEOUS COMPONENT 5100 Operation and maintenance of equipment 5101 Photocopier maintenance 5102 Materials for equipment 5199 Sub-total 5200 Reporting costs 5201 Targeted surveys 5202 Printing of reports (technical and financial) 5203 Print other reports 5299 Sub-total 5300 Sundry 5301 Communications 5399 Sub-total 5400 Hospitality and entertainment 5401 Cash prizes for knowledge contests 5499 Sub-total 5500 Evaluation 5501 Account auditing 5502 Mid terminal evaluation 5503 Terminal evaluation 5599 Sub-total 5999 Component total Comp 3 3,000 3301 3399 Sub-total 3999 Component total 40 Comp 2 Comp 1 5302 5202 0 4,760 0 1,760 0 1,760 0 1,760 0 15,460 14,000 12,000 14,000 40,000 56,000 172,180 254,480 157,180 72,880 133,107 69,100 5303 5303 APPENDIX 2 - RECONCILIATION BETWEEN GEF BUDGET AND CO-FINANCE BUDGET Project title: Panama: Consolidation of national capacities for full implementation of the Cartagena Protocol on Biosafety in Panama Project number: Project executing partner: ANAM Project implementation period: 4 years Expenditure by project component/activity (provide description) 1-Sep-11 Add additional components/activities as required From: 1-Sep-15 M&E PM To: UNEP Budget Line Comp 1 Comp 2 Comp 3 Comp 4 Comp 5 Comp 6 Comp 7 Total 10 PERSONNEL COMPONENT 1100 Project personnel 1101 Project coordinator 0 1102 Technical support 11,200 11,200 11,200 11,200 11,200 56,000 1199 1200 1201 1202 Sub-total Consultants Technical specialist Consultants for Comp 1 (biosafety regulatory framework) 11,200 11,200 11,200 11,200 11,200 0 0 26,000 1203 Consultants for Comp 2 (LMO risk assessment and risk management) 26,000 26,000 1204 Consultants for Comp 3 (inspection, monitoring and response system) 26,000 26,000 26,000 1205 Support consultant (Assistant) 1299 1300 1301 1302 1303 1304 Sub-total Administrative Support Office cost Secretary Driver Financial administration 1399 Sub-total 1600 Travel on official business 1601 Travel costs of participant and organizer participation in 4 training workshops for risk evaluation and management of LMOs 0 26,000 26,000 26,000 0 0 0 0 78,000 4,800 4,800 4,800 4,800 4,800 6,680 6,000 6,000 6,000 6,000 6,000 4,000 26,720 32,500 20,000 20,000 57,400 32,500 54,000 20,000 10,800 10,800 10,800 10,800 10,800 10,680 99,220 163,900 20,600 1602 Travel expenses for meetings and workshops on creation and integration of the monitoring and response system 1603 Travel expenses to cover outreach activities and networking 1999 20 2999 30 1604 Travel expenses for coordination with other biosafety projects in the region 1699 Sub-total Component total 20,600 20,600 20,600 20,800 20,800 3,000 3,000 0 48,000 20,600 68,600 20,600 68,600 0 22,000 20,800 42,800 3,000 13,680 0 99,220 65,000 362,900 2199 Sub-total 2200 Sub-contracts (for supporting organizations) 2201 0 0 0 0 0 0 0 0 2299 2300 2301 2302 2303 0 0 0 0 0 0 0 0 SUB-CONTRACT COMPONENT 2100 Sub-contracts (for cooperating UN agencies) 2101 Sub-total Sub-contracts (for commercial purposes) Facilitation of training workshops and work meetings Sub-contracting LMO analysis laboratory services Reproduction and printing of pamphlets, brochures and outreach materials on GMOs 2304 Informative material development design and production 2305 Design and production of campaigns to implement communication strategy 2399 Sub-total Component total TRAINING COMPONENT 3200 Group training 3201 Briefing workshops for update, review and presentation of the biosafety regulatory framework 3202 Training on evaluation and management of LMO risks 3203 Training workshops on LMO detection, inspections and on implementing an LMO monitoring and response system 3299 Sub-total 3300 Meetings/Conferences 3301 Work meetings for update, review and presentation of regulatory framework, and for resolving CPB notifications 3302 Work meetings on methodologies for risk assessment and risk management for LMOs, and for self-assessment 3303 Coordination and work meetings on LMO monitoring (detection, inspections, border control, accidental releases, etc) 3304 Coordination meetings for gap analyses, adopting proposals, setting positions, CPB reporting, and deriving best practices 3305 Dissemination seminars on biosafety 3306 Debate forums on LMOs, CPB, and other key biosafety issues (part of communication strategy) 3307 Youth event, diplomatic gathering 3308 High-level meetings for networking and seeking agreements and alliances 3309 Inception Workshop 3310 Meetings of the Sectoral Committees 3311 Meetings of the National Biosafety (Technical) Commission and invitees, and of Commission members for other project meetings 3999 56,000 3399 Sub-total Component total 40,000 40,000 50,000 75,300 50,000 75,300 28,000 28,000 27,250 27,250 0 0 40,000 40,000 50,000 50,000 103,300 103,300 27,250 27,250 0 0 0 0 38,000 38,000 32,000 32,000 30,000 30,000 38,000 32,000 30,000 0 0 0 0 7,500 100,000 7,500 19,000 19,000 19,000 19,000 16,500 16,500 3,000 9,500 9,500 9,500 9,500 35,000 35,000 3,500 6,500 5,700 12,500 30,000 69,500 107,500 220,550 220,550 14,000 19,000 51,000 33,000 63,000 5,700 12,500 50,150 6,150 0 0 63,650 63,650 5,700 5,700 0 0 190,850 290,850 40 EQUIPMENT AND PREMISES COMPONENT 4100 Expendable equipment 4101 Office supplies 4102 Computer programs 4199 Sub-total 4200 Non-expendable equipment 4201 4299 4300 4301 4302 4999 50 Sub-total Premises Setting up facilities Cost of renting or maintenance of an office 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 2,000 0 0 0 0 0 14,000 10,000 24,000 10,000 0 24,000 34,000 0 0 0 2,500 4,500 20,000 7,000 20,000 2,500 2,500 24,500 48,500 27,000 61,000 9,000 9,000 9,000 15,000 0 18,000 24,000 2,400 5,000 7,400 6,300 5,000 13,700 0 4399 Sub-total Component total 0 2,000 0 2,000 0 2,000 0 2,000 0 2,000 MISCELLANEOUS COMPONENT 5100 Operation and maintenance of equipment 5101 Photocopier maintenance 5102 Materials for equipment 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,200 1,260 1,260 1,260 1,260 1,260 1,260 1,260 1,260 1,260 1,260 2,400 13,000 20,000 7,000 0 0 0 0 0 13,000 20,000 0 0 0 0 0 0 0 0 5199 5200 5201 5202 5203 Sub-total Reporting costs Targeted surveys Printing of reports (technical and financial) Print other reports 5299 Sub-total 5300 Sundry 5301 Communications 5399 Sub-total 5400 Hospitality and entertainment 5401 Cash prizes for knowledge contests 5499 5500 5501 5502 5503 Sub-total Evaluation Account auditing Mid terminal evaluation Terminal evaluation 5999 5599 Sub-total Component total 99 GRAND TOTAL 7,000 0 2,500 2,000 2,500 2,500 2,000 2,500 0 9,460 0 2,460 0 2,460 0 2,460 0 2,460 7,000 9,400 0 36,000 7,000 64,700 166,960 164,060 186,060 129,760 138,160 31,280 183,720 1,000,000 APPENDICES Appendix 3: Incremental cost analysis Cost Categories Required investment US$ National Benefits Global Benefits Current investments US$ % of req Component 1. Implementation of the biosafety legal and institutional frameworks for complying with the Cartagena Protocol and the CBD. Base line 250,000 x x 166,960 67% Alternative 500,000 x 339,140 Increase 250,000 x 172,180 69% Component 2. Reinforcement of capacities for LMO risk assessment and risk management Base line 350,000 x 164,060 47% Alternative 800,000 x x 418,540 Increase 450,000 x x 254,480 57% Component 3. Creation of an integrated monitoring, inspection and response system Base line 300,000 x x 186,060 62% Alternative 600,000 x x 343,240 Increase 300,000 x x 157,180 52% Component 4. Generation of national information on biosafety Base line 200,000 x x 129,760 65% Alternative 350,000 x x 202,640 Increase 150,000 x x 72,880 49% Component 5. Promotion of public awareness, education and public participation in matters relating to biosafety Base line 200,000 x x 138,160 69% Alternative 350,000 x x 271,267 Increase 150,000 x x 133,107 89% Total Base line 1,300,000 1,000,000 77% Alternative 2,600,000 1,954,927 Increase 1,300,000 954,927 73% The incremental costs are calculated as the difference between the estimated cost of the required Baseline investment and the optimal GEF Alternative for maximum benefits, and are then compared to the current investments being made. 1 Appendix 4: Results Framework Objectives / Outcomes Indicators Baseline Mid-term Target End-of-project Target Source of Verification Assumptions Component 1. Implementation of the biosafety legal and institutional frameworks for complying with the Cartagena Protocol and the CBD Component Objective: To implement the biosafety legal and institutional frameworks for complying with the Cartagena Protocol and the CBD Competent Authorities are able to perform drills to reach "mock decisions" for LMOs intended for use in agriculture, health and the environment. The country reports progress in CPB implementation in its Third National Report At least one drill (mock Decision taken so far decision-making process) have been ad hoc, even has been performed impromptu, and without solid legal backing and coordination The country has presented the First National Reports to the CPB in June 2010; the Second National Report is due by Sept 2011. OUTCOME 1.1 Legal framework is completed and implemented, and areas requiring institutional strengthening are identified and addressed 1.1 (a) The legal framework for biosafety includes: - Environmental, Phytoand Zoo-sanitary Technical Norms (or Standards) covering confined use of LMOs, release into the environment, and production with LMOs - A mechanism for review of decisions, as per Article 12 of the CPB - Proposal for dealing with eventual cases of environmental damage - Proposal for LMOs in transit. CPB ratification was made effective by means of Law Nº 72 of 2001 and the NBC was created through Law Nº 48 of 2002 NBC has not functioned well since its creation Panama has designated 5 main competent authorities for biosafety: ANAM, MIDA, MINSA, ARAP and AUPSA. Diagnoses exist on the gaps in the legal framework and institutional capacities Confined use, release into the environment, and liability and redress are regulated by sector and only broadly (e.g. under laws, decrees and resolutions), so greater specificity is still required. There is no mechanism for review of decisions. The judicial organ has only basic knowledge of the implementation of environmental standards, and is in need of new 1.1 (b) The biosafety decision-making body has legal backing and is functioning 1.1 (c) Mock-decisions (drills) lead to capacity gaps being reviewed and a Government plan of action (with responsibilities and goals assigned) being put into effect to address them. Specific regulations are in the process of being developed Administrative procedures for requesting LMO authorizations are clearly laid out in instrument(s) of law. At least 5 environmental prosecutors / judicial officers have been trained Capacity gaps have been updated and reviewed, based on the Second National Report to the CPB Three "mock decisions" for LMOs intended for use in agriculture, health and environment have been taken by the end of the project There is a significant improvement in the responses provided to the third National Report to the CPB, in comparison to the first report. Dossiers, institutional correspondence and decision documents related to 3 drills and "mock decisions" on LMOs. Terminal Evaluator’s judgment with respect to improvement in responses provided in National Reports Environmental, Phytoand Zoo-sanitary Technical Norms (or Standards) are ready by project year 3, and cover confined use, release into the environment, and production with LMOs Proposal for dealing with environmental damage in cases with LMOs is approved Voluntary declaration is made possible for LMOs in transit A legal mechanism for review of decisions exists, as per Article 12 of the CPB Decision-making body has legal backing, is functioning and has experience in resolving LMO applications Three "mock decisions" for LMOs intended for use in agriculture, health and environment have been taken by the end of the project. An Action Plan to address capacity gaps is being Drafts and reviews of proposed regulations Resolutions of approval and/or publications in Official Gazette Official notification of receipt Screening regulatory texts (once official) for clauses covering review of decisions Workshop materials and minutes Meeting minutes of National and Sectoral Committees at least 3 times a year and with quorum Third National Report to the CPB Institutional documents (drafts and approved) for proposed procedures and measures The technical and commercial documentation required (LMO dossiers) can be compiled as planned and at reasonable cost. The 3rd National Report(s) will be submitted to the CPB before project closure The correct enabling conditions will prevail: Political will; effective inter-agency coordination; and sufficient financial support 2 information on LMOs and biosafety. OUTCOME 1.2 Panama's compliance with the Cartagena Protocol, including participation in the BCH, is coordinated, visible and integrated within competent authorities 1.2 (a) A national position for COP/MOP-6 results from inter-institutional coordination 1.2 (b) Coordinated decision-making in biosafety follows on from technical evaluations and includes public participation 1.2 (c) Flow of official information leads to new and more information for Panama on the BCH Central Portal On the BCH Central Portal Panama only has information on contacts and national competent authorities Public participation has not occurred so far in biosafety decision making Panama submitted its First National Report to the CPB in June 2010, and participated at COP/MOP-5 in October 2010. implemented by at least 2 institutions New information categories are filled on the BCH Central Portal Panama prepares a national position based on multi-sectoral inputs prior to COP/MOP-6 (Oct 2012) Results of public participation that took place as part of LMO decisionmaking processes are posted on the biosafety Web site Three “mock decisions” for LMOs are taken with the participation of all relevant competent authorities (see above) Third National Report to the CPB BCH Central Portal Preparatory documents for COP/MOP-6 and Panama’s attendance records Regular screening of contents of Web site for posting of outcomes of public participation processes 1.2 (b) assumes that at least 1 new LMO authorization will be granted in the lifetime of the project. Component 1: OUTPUTS 1.1.1. Specific regulations for confined use, environmental release and production with LMOs, as well as procedures for dealing with cases of liability and redress, review of decisions, and LMOs in transit 1.1.2. Agreed administrative processes between competent authorities with accompanying manuals 1.1.3. Environmental Prosecution Offices and Judicial Officers instructed on biosafety 1.1.4. Mock decisions for different LMO types with accompanying assessment of gaps and needs (eg. capacity gaps /training needs, procedural constraints, registry/information needs, etc) and Action Plan to address them 1.2.1. Functional structures and annual work plans for inter-institutional coordination 1.2.2. Updated biosafety information posted on the BCH to comply with Art. 20 (BCH) and Art. 23 (Public Awareness and Participation) 1.2.3. Timely and coordinated responses to notifications and requirements from CPB Secretariat Objectives / Outcomes Indicators Baseline Mid-term Target End-of-project Target Source of Verification Assumptions Peer-reviewed risk assessment protocols are adopted for use by 5 competent authorities, in line with their areas of competence Biosafety measures are accepted by at least 3 LMO users who have been granted authorization Institutional correspondence showing contacts with peer reviewers Peer reviewers’ comments to draft protocols LMO authorizing Resolutions include risk management measures and acceptance clause signed by applicant Experts are available to peer review the draft protocols within the time required A minimum of 3 new LMO authorizations will be granted in the lifetime of the project Component 2: Reinforcement of capacities for LMO risk assessment and risk management Component Objective: To apply risk assessment protocols and risk management measures that are consistent with international stateof-the-art practices Protocols to be used for risk assessment have been peer reviewed by experts and scientists. Biosafety measures (for risk management) are an integral part of LMO authorizations There are no risk assessment protocols available covering all LMO types of the CPB Risk management and biosafety measures have been applied in an ad hoc manner, without a systemic outlook or strategy Examples of risk assessment protocols developed and used by other countries have been studied Potential peer reviewers have been identified and contacted 3 OUTCOME 2. Institutional capacity to evaluate and manage LMOs in different activities is increased 2. (a) Designated competent authorities (ANAM, MIDA, AUPSA, ARAP and MINSA) have: (i) structures in place, (ii) trained staff, and (iii) methodologies, that enable balanced and technicallysound biosafety evaluations and decisions to occur 2. (b) Evaluations and feedback take place for improved management of the biosafety system Panama has designated 5 main competent authorities for biosafety Competent authorities such as the MIDA and MINSA have internal groups for biosafety, and ANAM has created a Genetic Resources Unit which covers biosafety. There are no formal advisory structures at present There is concern that biosafety should link to the protection of native genetic resources and consider social factors There are lists available of native species and sensitive crops No systemic tracking takes place with regards to authorized LMOs A preliminary proposal exists for a Training Programme in Biosafety The creation of 5 specialized Biosafety Units within competent authorities has been agreed to. Entities, experts or scientists able and willing to provide advisory services to competent authorities have been identified and contacted. At least 3 professionals from each competent authority (5) have been trained At least 4 competent authorities have signed agreements on the methodologies and criteria to be used for considering social factors, agricultural species, and native species in biosafety decisionmaking Status of granted LMO authorizations systematized and management improvements recommended The creation of 5 specialized Biosafety Units within competent authorities is officialized by Resolution by project year 3. At least 3 contracts /MOUs have been signed with entities, experts or scientists for advisory services to competent authorities Status of granted LMO authorizations is evaluated, and adoption of prior recommendations is verified Sensitive crops or biodiversity zoning maps Trained professional and created unit Institutional memos for designation of staff Resolutions creating of Biosafety Units Signed MOUs and/or contracts Training invitation, agenda, materials and attendee lists Documents with conclusions and recommendations on managing status of LMO authorizations There is sufficient data (quality and quantity) to agree on and prepare the required tools. The time required to officialize new Units is less than the duration of the project. End-of-project Target Source of Verification Assumptions Compliance with biosafety measures has been verified for 100% of LMO authorizations granted in the life of the project, or prior to project start. 100% of detected infringements have either been penalized or initiated proceedings Monitoring plans that establish modus operandi for field visits, including inspection protocols Notifications of field visit /inspection to listed authorized LMO users Inspection reports highlighting compliance or infringement A reasonable time has elapsed between authorization being granted and inspection taking place There are no set-backs to attaining all Component 2: OUTPUTS 2.1. Technical staff designated and trained to handle LMO cases, information and applications 2.2. Risk assessment protocols and decision-making criteria for different activities using LMOs. 2.3. Legal agreements (contracts or MOUs) for advisory services to competent authorities 2.4. Self-assessment for improved management Objectives / Outcomes Indicators Baseline Mid-term Target Component 3. Creation of an integrated monitoring, inspection and response system Component Objective: To ensure monitoring of and compliance with biosafety measures established for authorized LMOs Compliance with the biosafety measures specified in each LMO authorizing Resolution is verified through monitoring visits and inspections, and sanctions applied if necessary Improved score on GEF Tracking Tool Question N°5 Only authorizations for confined use have been granted (at Nov 2010); there is nonetheless experience in determining biosafety measures. Inspections or monitoring visits have not yet been carried out. At the time of CEO Authorized LMO users that will undergo monitoring visits and inspections have been identified and notified; and visits have initiated 4 relating to surveillance mechanisms: Does an operational follow-up and monitoring system exist? OUTCOME 3. Competent authorities have increased capacity to track authorized LMOs, enforce regulations and respond to accidental releases 3. (a) Compliance with biosafety measures has been verified for at least 80% of LMO authorizations granted, with administrative procedures applied in cases of infringement 3. (b) Customs proceedings for LMOs have been agreed to 3. (c) At least 1 plan of action has been adopted in response to an accidental LMO release Approval Request, baseline score for Question N°5: Follow-up and Monitoring = 0 (No system for followup and monitoring exists) Only research with LMOs under confined use has been authorized so far (at Nov 2010). There is some experience in competent authorities in determining biosafety measures. Inspections or monitoring visits for authorized LMOs have not yet taken place. Accidental LMO releases have occurred, in the absence of a response system Technical, technological and analytical capacities needed for an integrated monitoring system have been diagnosed. Administrative and if possible judicial capacity gaps for ensuring regulatory compliance have been diagnosed. 3. (d) LMO analyses can be carried out “in house”. Score for Tracking Tool Question N°5 has reached at least 2 = Compliance mechanisms for Risk Management established Compliance with biosafety measures has been verified for at least 80% of LMO authorizations granted in the life of the project, or prior to project start. LMO analyses have been carried out to test detection technology and techniques At least 80% of detected infringements have either been penalized or initiated administrative proceedings At least 1 plan of action has been adopted in response to an accidental LMO release Customs proceedings for LMOs have been agreed to Review of GEF Tracking Tool progress as part of Terminal Evaluation outputs and targets Technical documents analyzing capacity gaps and needs Monitoring plans that establish calender for field visits Notifications of field visit /inspection to listed authorized LMO users Test results from LMO analyses, obtained from a laboratory Inspection reports (highlighting compliance or infringement) and summary reports Drafted and circulated plan(s) of action for cases of accidental release Meeting minutes and working documents for customs office A minimum of 1 new LMO authorization will be granted in the lifetime of the project. 3.(a) assumes that infringement may be detected and then processed within the period of the project. Source of Verification Assumptions Component 3: OUTPUTS 3.1. Initial diagnosis and analysis of specific LMO monitoring capacity gaps and needs 3.2. Institutional mechanisms and budgets for LMO inspection, tracking and monitoring. 3.3. Draft instruments for responding to accidental or illegal LMO releases 3.4. Trained personnel and demonstrated analytical capacity for LMO detection and monitoring. Objectives / Outcomes Indicators Baseline Mid-term Target End-of-project Target N/A Review of GEF Tracking Tool Score for Tracking Tool progress as part of Terminal Question N°6 has reached Evaluation at least 2 = Information on LMOs generally available in at least one national language and is kept updated Component 4. Generation of national information on biosafety Component Objective: To enable Panama to comply with information-related Articles of the CPB Improved score on GEF Tracking Tool Question N°6 relating to biosafety information and public awareness: Is information on LMOs made available to public? At the time of CEO Approval Request, baseline score for Question N°6: Awareness = 0 (Little or no official information on LMOs available to the general public) There are no setbacks to attaining all outputs and targets 5 OUTCOME 4. Information management for LMOs provides regulatory bodies and stakeholders access to the latest information on biosafety 4.(a) A measurable increase in the public’s use of the biosafety Web site 4.(b) A National Registry of LMO Applications is created and functioning 4.(c) An increased number of records are available on the national BCH, all of which lack confidential commercial information Some key information has begun to be compiled, for instance: diagnosis on the trade of transgenic products in Panama, and preliminary databases listing national experts in fields related to biotechnology and biosafety, and detailing relevant outputs of the national diagnoses The current biosafety site is the national BCH, which lacks a project section and hits /downloads counters, but has interoperability with the BCH Central Portal The number of records available on the national BCH at the time of project start (inception workshop) needs to be counted. There is a legal framework for the protection of intellectual property and confidential information Questions can be posted via an easy-access Questions-and-Answers (Q&A) feature on the national BCH Web site The National Registry of LMO Applications is created and is being testrun by a designated institution At least a 25% increase in the number of records (stripped of confidential data) available on the national BCH, as compared to project start (inception workshop). A 20% increase is measured in the monthly rate of hits and downloads from the biosafety Web site, as compared to mid-term The National Registry of LMO Applications has been updated. At least a 50% increase in the number of records (stripped of confidential data) available on the national BCH, as compared to project start (inception workshop). Active and populated Q&A feature of Web site Regular readings of hits and downloads counters, starting at project mid-term Regular tracking of uploaded records, since project start (inception workshop) Electronic and printed versions of records uploaded onto national BCH, noting withdrawal of confidential commercial data, where relevant Data base files for National Registry of LMO Applications End-of-project Target Source of Verification Assumptions Meeting minutes and institutional correspondence with productive sector representatives and academic sector representatives Review of GEF Tracking Tool progress as part of Terminal Evaluation There are no setbacks to attaining all outputs and targets Component 4: OUTPUTS 4.1. Internal tools for systematized and secure handling of LMO data 4.2. Official information on LMOs and of relevance to biosafety decision making, publically available 4.3. Dissemination materials and publications for outreach Objectives / Outcomes Indicators Baseline Mid-term Target Component 5: Promotion of public awareness, education and public participation in matters relating to biosafety Component Objective: To increase general knowledge on and participation in biosafety, in specific groups Improved scores on two Tracking Tool Questions: N°7 relating to education (Has coursework and training on biosafety been integrated into higher education?) and N° 8 relating to public participation (Has the public been engaged in LMO decision-making?) At the time of CEO Approval Request, baseline scores were: Question N°7: Education = 1 (Basic modern biotechnology and biosafety information included in the curricula at technical and college levels) and Question N°8: Participation = 0 (Little or no direct involvement of Liaisons and work methods have been established with specific groups to be targeted for awareness raising Scores have reached at least 2 for Tracking Tool Questions N°7 (2= Dedicated short-term courses on biosafety available for government staff at technical schools and higher education institutions) and N°8 (2= Mechanism for public involvement in LMO 6 public in LMO decisionmaking) OUTCOME 5. Interest in biosafety is stimulated and the quality of the biosafety debate is elevated 5.1 (a) Awareness concerning biotechnology, biosafety and LMOs is measurably increased in specific groups 5.1 (b) A measurable increase in the use of the Questions-and-Answers (Q&A) feature of the biosafety Web site 5.1 (c) Opportunities are created for specialization in biosafety or biotechnology Capacity building projects in biosafety have been executed but with very little civil society participation and almost no private sector participation The baseline number of Q&As concerning biosafety currently posted on the Web site is zero The level of overall knowledge /awareness of biosafety is currently unknown Training or specialization courses for modern biotechnology and biosafety are only available abroad decision-making established) Target samples (of producer and farmer groups and of University students from disciplines in natural sciences, economics and environmental law) have been selected The rate at which questions are posted on the Q&As feature of the biosafety Web site has increased 1.5-fold At least 2 cooperation agreements have been signed with academic institutions or experts for the formation and specialization of professionals, and for supporting biosafety outreach activities At least 20% more knowledge is shown by a sample of the private sector (producers and farmers) concerning biosafety regulations At least 20% more knowledge is shown by a sample of University students on the specific benefits and risks of modern biotechnology and its products such as LMOs The rate at which questions are posted on the Q&As feature of the biosafety Web site has increased 2-fold, or questions have become notably more complex Questionnaire results from sample of productive sector representatives, before and after sensitization activities. Questionnaire results from sample of University students, before and after sensitization activities. Regular screening and counting of contents of Q&A section of Web site Institutional correspondence concerning adoption and purpose of cooperation agreements Draft and signed versions of cooperation agreements It is possible to stimulate learning and interest in biosafety in the two selected target groups. Component 5: OUTPUTS 5.1. Annual Biosafety Dissemination (Outreach) Programme and its implementation 5.2. Alliances and partnerships for access to biosafety specialization courses, and for supporting biosafety dissemination /outreach activities 5.3. Incentives to raise awareness on biosafety and biotechnology, and tools that favor participation 7 Appendix 5: Workplan and timetable 1° Responsi ble party Expected Outcomes Expected Outputs GEF Budget ANUBIS Activity Timeline (annual trimesters of the project) PY 2 PY 3 PY 4 PY 1 (expected: 2011/2012) (expected: 2012/2013) (expected: 2013/2014) (expected: 2014/2015) Closure 6 months 1 2 3 4 5 6 7 8 9 10 11 16 13 14 15 16 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Expected calender Q4 Q1 Q2 Q3 Q4 2015 + Establishment of the project structures – Inception phase ANAM Orderly office ANAM Staff available to work on the project Recruitment of National Project Coordinator (NPC) ANAM, UNEP ANAM Orderly financial management ANAM, UNEP Clarity on expectations and goals of the project and follow-up tasks and mechanisms ANAM has office and equipment for the project Appoint supervisor, and administrative unit staff NPC working full time for the project Project finance staff appointed and account operating Inception workshop Procurements and internal acquisitions BL 4201 BL 1120 Finalize TORs, prepare contract, announce vacancy, review applicants, carry out interviews, select NPC and formalize decision Open project bank account Set agenda, convoke, produce minutes for 1-2 day workshop BL 1101 BL 3301 $ 1,500 Component 1. Implementation of the biosafety legal and institutional frameworks for complying with the Cartagena Protocol and the CBD NPC, Competent Authorities NPC, ANAM 1.1 Legal framework is completed and implemented, and areas requiring institutional strengthening are ANAM, identified and Competent addressed Authorities ANAM, Competent Authorities NPC. ANAM 1.1.1. Specific regulations for confined use, environmental release and production with LMOs, as well as procedures for dealing with cases of liability and redress, review of decisions, and LMOs in transit 1.1.2. Agreed administrative processes between competent authorities with accompanying manuals 1.1.3. Environmental Prosecution Offices and Judicial Officers instructed on biosafety Consultancy on delivering new regulatory framework BL 1202 $ 15,000 6 work meetings for analysis and discussion supported by above consultancy BL 3301 $ 3,000 Carry out 3 consultancies for obtaining sectoral regulations /norms BL 1202 $ 50,000 During and after assessment of border control needs (see 3.1), coordinate with Customs authorities, seek agreements, and enable voluntary declarations for transit of LMO goods Analysis and discussion supported by 20 workshops, and by consultancies above Procedures formalized and developed into user manuals and guidelines Organize training and informative workshops, and participation in specific work meetings, for environmental prosecution offices and judicial officers. Supported by consultancies above. see Comp 3 BL 3201 $ 10,000 BL 1202 $ 5,000 BL 3201 $ 7,000 8 NPC, ANAM Biosafety Committee 1.1.4. Mock decisions for different LMO types with accompanying assessment of gaps and needs (eg. capacity gaps /training needs, procedural constraints, registry/information needs, etc) and Action Plan to address them Conceptualize drills, consult, obtain LMO dossiers, seek coach(es), develop budgeted proposal Coached risk assessment conducted and coordinated as part of mock decision-making processes (drills) BL 1202 $ 2,000 BL 5301 $ 1,000 BL 1202 $ 21,000 Meetings for feedback discussions and for deriving best practices and improvements to biosafety system BL 3301 $ 1,000 (coord.) High level meetings with authorities to agree on optimizing management, coordination and consultation procedures for decision-making for LMOs Develop (and update) Action Plan in line with project plans; use to guide execution from PY3 ANAM 1.2.1. Functional structures NBC to be replaced by the National NPC and annual work plans for Biosafety Technical Commission inter-institutional (NBTC). Organize 48 meetings: Set coordination agenda, convoke, produce minutes Sectoral Committees: Organize 20 meetings: Set agenda, convoke, produce minutes 1.2 Panama's ANAM Prepare 4 Annual Plans for NBTC and compliance with the Sectoral Committees Cartagena Protocol, BCH-PA, including 1.2.2. Updated biosafety Compile and clear publishable Biosafety information posted on the information, create records, upload. participation in the Committee BCH to comply with Art. 20 Links with BCH-II Global Project for BCH, is coordinated, visible (BCH) and Art. 23 (Public delivering BCH training to traditional Awareness and and integrated and new stakeholder groups Participation) within competent Windows for public participation in authorities LMO decision making created and results uploaded onto website ANAM National Reports: coordinate working 1.2.3. Timely and Biosafety group (with competent authorities) and coordinated responses to Committee prepare timely responses, obtain notifications and authority approval. Supported by requirements from CPB analysis of capacity gaps (1.1) Secretariat ANAM National position for COP/MOP-6: Biosafety prepare with multi-sectoral inputs Committee Coordinate with Min. Foreign Affairs: working groups, carry out consultations, obtain authority approval, disseminate, report back. BL 3301 $ 1,000 Component 2. Reinforcement of capacities for LMO Biosafety Committee 2.1. Technical staff designated and trained to handle LMO cases, information and BL 5301 $1,000 BL 3301 $ 12,800 BL 3301 $ 8,000 See Comp 4 BL 3301 $ 2,000 (coord.) BL 3301 $ 2,000 (coord.) BL 5301 $1,000 risk assessment and risk management Define with NCAs structure of “core unit” (specialized units) or equivalent work structure. Lobby for formalization in each Competent Authority 9 NPC, ANAM, applications 2. Institutional capacity to evaluate and manage LMOs in different activities is increased NPC, Biosafety Committee 2.2. Risk assessment protocols and decisionmaking criteria for different activities using LMOs. NPC, Biosafety Committee ANAM 2.3. Legal agreements (contracts or MOUs) for advisory services to competent authorities 2.4. Self-assessment for improved management NPC, Biosafety Committee BL 1201 Plan training workshops: Secure $ 35,000 scholastic group (international and national experts) and curricula, define BL 1202 target group for trainings, obtain S 2,000 nominations, screen, scope for resource persons and institutions BL 3201 Deliver 4 training workshops for risk $ 130,000 assessments, decision-making, risk communication and risk management BL 1601 with LMOs, including a field trip to $ 10,000 observe application of biosafety measures in situ. Work with BL 2301 international /national experts to carry $ 7,500 out training, report and evaluate results. BL 3301 Organize 16 work meetings to review $ 12,800 risk assessment methodologies, and discuss appropriate sectoral risk BL 2301 management measures $ 7,500 Reach agreements with Competent Authorities on criteria to be used in consideration of native species and social factors, in decision making processes BL 1202 Carry out consultancy to obtain tools that link sensitive crop areas and native $ 10,000 genetic resources to LMO assessments and biosafety, with emphasis on a zoning map identifying biodiversity protection areas and distribution of sensitive crops Identify and contact entities, or experts and scientists, able to provide advisory services. Ensure signature of at least 5 agreements Carry out work meetings and consultancy to extract lessons learnt, systematize status of LMO authorizations granted, and review biosafety methodologies used. BL 1202 $ 10,000 BL 3301 $ 3,000 BL 2301 $ 3,800 Component 3. Creation of an integrated monitoring, inspection and response system NPC, ANAM, NPC, Competent Authorities NPC, Biosafety Committee 3. Competent authorities have increased capacity to track authorized LMOs, enforce regulations and respond to accidental releases 3.1. Initial diagnosis and analysis of specific LMO monitoring capacity gaps and needs Set agenda for National Biosafety (Technical) Commission and set up working groups BL 3301 $ 1,500 Consultancy for diagnosis of equipment BL 1202 S$ 5,000 needs and of analytical techniques Assessment of border control needs for LMO monitoring including evaluation of shipping trade infrastructure, procedures and regulations of relevance to the CPB BL 1202 $ 10,000 10 NPC, ANAM, 3.2. Institutional mechanisms and budgets for LMO inspection, tracking and monitoring. NPC, ANAM, NPC, Biosafety Committee NPC, ANAM NPC, ANAM NPC, A NAM NPC, A NAM 3.3. Draft instruments for responding to accidental or illegal LMO releases NPC, Competent Authorities 3.4. Trained personnel and demonstrated analytical capacity for LMO detection and monitoring. NPC, ANAM, NPC, Biosafety Committee NPC, Biosafety Committee Prepare /review monitoring plans annually Generate inspection protocols for granted LMO authorizations Confirm inspection timetable, compile inspection reports for authorized LMOs (eg. laboratory safety reports for LMOs in confined use) and/or summary reports from Competent Authorities. BL 1202 Consultancy to design and articulate a proposal for a biosafety monitoring and $ 23,000 response system. Consult, lobby, devise finance sources, finalize design, and follow to adoption. BL 3301 Set up meetings of the National $ 3,000 Biosafety (Technical) Commission and working groups with experts and other BL 1601 authorities invited $ 1,000 Meetings with customs authorities and BL 3301 $ 7,300 border control officials to develop biosafety proposals and ensure signature of procedural agreements Feasibility assessment and consultancy BL 1202 $ 10,000 for applying an auditors accreditation scheme for monitoring and biosafety auditing services BL 3301 Set up meetings of the National $ 1,500 Biosafety (Technical) Commission and working groups to review criteria and procedures for responding to accidental or illegal LMO releases, and if possible, prepare a draft action plan Based on results of diagnosis (3.1) ensure equipments and services for LMO detection are in place and functioning with standardized detection protocols. BL 2301 Subcontract detection services for $25,000 verification of authorized or preapproved LMOs. Prepare reports of detection tests BL 1201 Plan training workshops: Secure $ 12,000 scholastic group (international and national experts) and materials, define BL 1202 target group for training, obtain and $15,000 screen nominations, secure supporting resource persons and institutions. BL 3201 Execute training and induction $ 17,000 workshops: Train professionals for LMO detection (use of analytic equipments), monitoring and biosafety inspections. Component 4. Generation of national information on biosafety 11 4.1. Internal tools for systematized and secure handling of LMO data NPC, ANAM NPC, ANAM NPC, ANAM 4. Information management for LMOs provides regulatory bodies and stakeholders access to the latest information on biosafety NPC, ANAM NPC, ANAM NPC, ANAM Created and populate National Registry of Authorizations; pilot the data base and tracking system, and ensure staff are assigned for sustained use. Review performance and adjust. Filing system for appropriate handling of confidential information by competent authorities. Agreements to guarantee due diligence to private sector. 4.2. Official information on Periodic updating, review and LMOs and of relevance to uploading of new records onto biosafety decision making, National BCH publically available BL 2301 Create and populate searchable data $ 8,000 base on national BCH website, containing updated and explanatory information on: LMOs authorized for national use; national processes and requirements for requesting LMO use; native and agricultural species and social factors of relevance to biosafety decision making BL 2301 Development of explanatory $ 8,000 information on the processes and requirements for LMO use in Panama BL 2301 Technical studies and texts simplified $ 8,000 for presenting data to the general public; design for outreach via the web and printed format 4.3. Dissemination Design, reproduction and distribution BL 2301 materials and publications of information materials, based on the $ 26,000 for outreach above, and linked with dissemination seminars (Comp 5) Component 5. Promotion of public awareness, education and public participation in matters relating to biosafety NPC, ANAM 5. Interest in biosafety is stimulated and the quality of the biosafety debate is elevated 5.1.1. Annual Biosafety Dissemination (Outreach) Programme and its implementation Set up meetings of the National Biosafety (Technical) Commission and working groups, and invite specialists, to define Programme Present Programme to authorities for approval and budget-setting Organize four debate forums (1 per year) on LMOs, CPB, and other key biosafety issues, targeted at different sectors Carry out campaigns for implementation of communication strategy, targeted at different sectors NPC, ANAM 5.1.2. Alliances and partnerships for access to biosafety specialization courses, and for supporting biosafety dissemination Seek alliances and liaise with experts, scientists, organizations and support groups that can support biosafety dissemination /outreach activities. Ensure signing of agreements. BL 3301 $ 2,000 BL 3301 $ 8,527 BL 2301 $ 50,000 BL 1601 $1,100 BL 1601 $ 1,000 12 /outreach activities NPC, ANAM 5.1.3. Incentives to raise awareness on biosafety and biotechnology NPC, ANAM NPC, ANAM, Execute at least 5 biosafety dissemination activities (eg. seminars) on basis of above agreements BL 3301 $ 5,200 Organize high-level encounters and liaise with local and international academic institutions. Ensure signing of cooperation agreements BL 3301 $ 1,200 Organize youth fair and diplomatic event that include biosafety contests Coordinate with IT Dept and above partners to activate biosafety and biotechnology Q&A section as a feature on web sites. Carry out knowledge questionnaires with cash prizes with target groups (eg. University students or productive sector representatives) as part of workshops and seminars. Organize data collection method and timetable, ensure human task force, carry out survey, analyze results, and channel cash prizes appropriately BL 1601 $ 2,000 BL 3301 $ 3,500 BL 5201 $ 10,000 BL 5302 $ 13,700 Components 6 & 7. Project Management and M&E NPC, ANAM NPC, ANAM, UNEP UNEP, ANAM ANAM UNEP, ANAM NPC, ANAM Project supervision is multi-sectoral and responsive to use interests Project backstopping and ownership Project progress and accounting are documented and transparent Timely, orderly and favorable reports Steering Committee meetings. Set agenda, convoke, record minutes ($3100 for set-up) Prepare technical and financial reports (Quarterly /Half-yearly), ensure approval and submission to UNEP PIRs Financial audits Independent feedback on project for adaptive management Project is closed BL 3301 $ 4,100 Lessons learnt, opportunity to share results, and evaluation of project impacts Timely and orderly closure process External evaluations (mid-term and project-end), measuring targets and tracking tool BL 5202 $ 14,000 BL 5303 $ 26,000 Ensure final project closing /terminal documentation and submission to UNEP 13 Appendix 6: Key deliverables and benchmarks Component /Outputs Significance Timeline 1.1.1. Specific regulations for confined use, environmental release and production with LMOs Important milestone for completing and instrumentalizing regulatory framework. End of PY3 1.2.1. Functional structures and annual work plans for inter-institutional coordination Having the National Biosafety Technical Commission (NBTC) operational is an important milestone for securing coordination and “critical institutional mass”, and for driving NBF implementation. End of PY1 1.2.3. Timely and coordinated responses to notifications and requirements from CPB Secretariat Having a national position for COP/MOP-6 prepared with multi-sectoral inputs is a visible demonstration of internal order. End of PY1 2.2. Risk assessment protocols and decision-making criteria for different activities using LMOs End of project target is to have adopted protocols for use by 5 competent authorities, in line with their areas of competence. End of PY4 2.4. Self-assessment for improved management Feedback process can initiate, once enough experience has been acquired and evaluation is possible. Lessons learnt can be derived from systematizing status of LMO authorizations granted and reviewing biosafety methodologies used, amongst other things. End of PY4 3.2. Institutional mechanisms and budgets for LMO inspection, tracking and monitoring Inspection reports for authorized LMOs (eg. laboratory safety reports for LMOs in confined use) provide evidence that inspection capacity is in place, has been regularized and is financially supported. End of PY3 3.3. Draft instruments for responding to accidental or illegal releases of LMOs Developing protocols and procedures for accidental and/or illegal releases of LMO is a way of redressing a critical void. End of PY3 3.4. Trained personnel and demonstrated analytical capacity for LMO detection and monitoring The most critical capacity need (human resources training) is being attended to. End of PY3 4.2. Official information on LMOs and of relevance to biosafety decision-making, publically available If the National BCH site is updated and expanded, then it should be possible to attain a target score of 2 for Tracking Tool Question N°6 = Information on LMOs generally available in at least one national language and is kept updated. Making available explanatory information on the processes and requirements for LMO use in Panama is important for regulations to be understood and applied correctly. End of PY2 and PY4 End of PY2 14 5.1. Annual Biosafety Dissemination (Outreach) Programme and its implementation Outreach activities begin to take place under an umbrella program, and can eventually be sustained through State funding End of PY1 5.2. Alliances and partnerships for access to biosafety specialization courses, and for supporting biosafety dissemination /outreach activities Providing opportunities and increasing access to specialization in biosafety-related skills, specifically for strengthening competent authorities, is crucial for ongoing NBF implementation End of PY3 15 Appendix 7: Costed M&E plan Results-Based Monitoring and Evaluation Framework 1. Monitoring Framework and Budget 1 Outcome Indicator Outcome 1.1 Legal framework is completed and implemented, and areas requiring institutional strengthening are identified and addressed. 1.1 (a) The legal framework for biosafety includes: - Environmental, Phyto- and Zoosanitary Technical Norms (or Standards) covering confined use of LMOs, release into the environment, and production with LMOs - A mechanism for review of decisions, as per Article 12 of the CPB - Proposal for dealing with eventual cases of environmental damage - Proposal for LMOs in transit. 1 Baseline Conditions CPB ratification was made effective by means of Law Nº 72 of 2001 and the NBC was created through Law Nº 48 of 2002 NBC has not functioned well since its creation Panama has designated 5 main competent authorities for biosafety: ANAM, MIDA, MINSA, ARAP and AUPSA. Diagnoses exist on the gaps in the legal framework and institutional capacities Confined use, 1.1 (b) The biosafety release into the decision-making body environment, and has legal backing and liability and redress is functioning are regulated by sector and only 1.1 (c) Mockbroadly (e.g. under decisions (drills) lead Mid point Target (as relevant) Specific regulations are in the process of being developed Administrative procedures for requesting LMO authorizations are clearly laid out in instrument(s) of law. At least 5 environmental prosecutors / judicial officers have been trained Capacity gaps have been updated and reviewed, based on the Second National Report to the CPB End of Project Target Environmental, Phyto- and Zoosanitary Technical Norms (or Standards) are ready by project year 3, and cover confined use, release into the environment, and production with LMOs Proposal for dealing with environmental damage in cases with LMOs is approved Voluntary declaration is made possible for LMOs in transit A legal mechanism for review of decisions exists, as per Article 12 of the CPB Decision- Means of verification Monitoring Location/ Responsibility / Sampling Group for verifying (frequency /size) Sample Ministries National Project Drafts and consists in and Govt Coordinator, reviews of official, legal institutions Project Steering proposed and technical in Panama Committee and regulations external Resolutions documents, reports and Internet. evaluators of approval corresponde and/or publications in nce, and web site contents, Official which Gazette should be Official notification of reviewed at mid-term receipt (before or Screening during regulatory external texts (once evaluation) official) for and at clauses project end covering (before or review of during decisions terminal Workshop materials and evaluation) minutes Meeting minutes of National and Sectoral Committees at Time Budget frame (Object of expenditure & cost) Once Part of project every management two and project years M&E costs Detailed monitoring plan is included in the M&E project section. This table is primarily intended to reflect how the outcome level indicators will be tracked to facilitate monitoring of results (as opposed to monitoring of project implementation progress). The implementation of the Results-based Monitoring Framework will be assessed at mid point and at end of project (through the Mid-Term review and Terminal Evaluation processes). The quality of M&E implementation will be rated with the Project Implementation Review (PIR). The contents of this table should be validated and agreed upon at the project inception meeting. 16 Outcome Outcome 1.2 Panama's compliance with the Cartagena Protocol, including participation in the BCH, is coordinated, visible and integrated within competent authorities. Indicator Baseline Conditions to capacity gaps being reviewed and a Government plan of action (with responsibilities and goals assigned) being put into effect to address them. laws, decrees and resolutions), so greater specificity is still required. There is no mechanism for review of decisions. The judicial organ has only basic knowledge of the implementation of environmental standards, and is in need of new information on LMOs and biosafety. 1.2 (a) A national position for COP/MOP-6 results from interinstitutional coordination • On the BCH Central Portal Panama only has information on contacts and national competent authorities 1.2 (b) Coordinated • Public decision-making in participation has not biosafety follows on occurred so far in from technical biosafety decision evaluations and making includes public • Panama participation submitted its First National Report to 1.2 (c) Flow of the CPB in June official information 2010, and leads to new and participated at more information for COP/MOP-5 in Panama on the BCH October 2010 Central Portal Mid point Target (as relevant) End of Project Target making body has legal backing, is functioning and has experience in resolving LMO applications Three "mock decisions" for LMOs intended for use in agriculture, health and environment have been taken by the end of the project. An Action Plan to address capacity gaps is being implemented by at least 2 institutions New Results of public information participation that categories are took place as part filled on the BCH of LMO decisionCentral Portal making processes are posted on the Panama prepares a national biosafety Web site position based on Three “mock multi-sectoral decisions” for inputs prior to LMOs are taken COP/MOP-6 (Oct with the 2012) participation of all relevant competent authorities (see above) Means of verification Monitoring Location/ Responsibility / Sampling Group for verifying (frequency /size) Time Budget frame (Object of expenditure & cost) least 3 times a year and with quorum 3rd National Report to the CPB Institutional documents (drafts and approved) for proposed procedures and measures 3rd National Report to the CPB BCH Central Portal Nominations and preparatory documents for COP/MOP-6 and Panama’s attendance records Regular screening of contents of Web site for posting of outcomes of public participation processes 17 Outcome Indicator Outcome 2 Institutional capacity to evaluate and manage LMOs in different activities is increased. 2. (a) Designated competent authorities (ANAM, MIDA, AUPSA, ARAP and MINSA) have: (i) structures in place, (ii) trained staff, and (iii) methodologies, that enable balanced and technically-sound biosafety evaluations and decisions to occur. 2. (b) Evaluations and feedback take place for improved management of the biosafety system. Baseline Conditions Mid point Target (as relevant) End of Project Target Means of verification Monitoring Location/ Responsibility / Sampling Group for verifying (frequency /size) Sample Ministries National Project The creation of 5 The creation of 5 Sensitive Panama has consists in and Govt Coordinator, specialized specialized crops or designated 5 main official, legal institutions Project Steering Biosafety Units Biosafety Units biodiversity competent and technical in Panama Committee and within competent within competent zoning maps. authorities for documents, external authorities has been authorities is biosafety. Trained evaluators agreed to. officialized by Competent professional and and reports, as well as Entities, experts Resolution by authorities such as created unit. project year 3. or scientists able the MIDA and Institutional digital material, and willing to At least 3 MINSA have memos for provide advisory contracts /MOUs designation of which internal groups for should be services to have been signed staff. biosafety, and with entities, ANAM has created competent Resolutions reviewed at mid-term experts or a Genetic Resources authorities have showing (before or been identified and scientists for Unit which covers creation of contacted. advisory services Biosafety Units. during biosafety. external to competent At least 3 There are no Signed evaluation) professionals from authorities formal advisory MOUs and/or and at Status of structures at present. each competent contracts. project end granted LMO There is concern authority (5) have Training (before or been trained authorizations is that biosafety invitation, during evaluated, and At least 4 should link to the agenda, terminal adoption of prior materials and protection of native competent evaluation) recommendations authorities have genetic resources attendee lists. and consider social signed agreements is verified Documents on the factors. with methodologies and There are lists conclusions and criteria to be used available of native recommendatio for considering species and ns on managing social factors, sensitive crops. status of LMO agricultural No systemic authorizations. tracking takes place species, and native species in with regards to biosafety decisionauthorized LMOs. making A preliminary proposal exists for a Status of granted LMO authorizations Training systematized and Programme in management Biosafety. improvements recommended Time Budget frame (Object of expenditure & cost) Once Part of project every management two and project years M&E costs 18 Outcome Indicator Outcome 3 Competent authorities have increased capacity to track authorized LMOs, enforce regulations and respond to accidental releases. 3. (a) Compliance with biosafety measures has been verified for at least 80% of LMO authorizations granted, with administrative procedures applied in cases of infringement 3. (b) Customs proceedings for LMOs have been agreed to 3. (c) At least 1 plan of action has been adopted in response to an accidental LMO release 3. (d) LMO analyses can be carried out “in house”. Baseline Conditions Mid point Target (as relevant) End of Project Target Means of verification Monitoring Location/ Responsibility / Sampling Group for verifying (frequency /size) Sample Ministries National Project Only research Technical, Compliance with Technical consists in and Govt Coordinator, biosafety measures documents with LMOs under technological and official, institutions Project Steering confined use has analytical capacities has been verified for analyzing administrativ in Panama Committee and at least 80% of been authorized so needed for an capacity gaps e and external far (at Nov 2010). integrated LMO authorizations and needs. evaluators monitoring system granted in the life of Monitoring technical There is some documents, have been the project, or prior plans that experience in corresponde diagnosed. to project start. competent establish nce and authorities in calender for Administrative LMO analyses reports, determining and if possible have been carried field visits. out to test detection Notifications which biosafety measures. judicial capacity should be gaps for ensuring technology and of field visit Inspections or reviewed at regulatory techniques. /inspection to monitoring visits for compliance have At least 80% of listed authorized mid-term authorized LMOs (before or detected LMO users. have not yet taken been diagnosed. infringements have Test results during place. external either been Accidental LMO from LMO evaluation) penalized or releases have analyses, initiated occurred, in the obtained from a and at project end administrative absence of a laboratory. (before or proceedings. response system. Inspection during At least 1 plan of reports terminal action has been (highlighting adopted in response compliance or evaluation) to an accidental infringement) LMO LMO release. and summary authorization Customs reports. proceedings for Drafted and s granted before LMOs have been circulated agreed to. plan(s) of action project start should be for cases of counted at accidental the time of release. inception, Meeting and minutes and authorization working documents for s tracked customs office. subsequently Time Budget frame (Object of expenditure & cost) Once Part of project every management two and project years M&E costs 19 Outcome Indicator Outcome 4 Information management for LMOs provides regulatory bodies and stakeholders access to the latest information on biosafety. 4.(a) A measurable increase in the public’s use of the biosafety Web site. Baseline Conditions Some key information has begun to be compiled, for instance: diagnosis 4.(b) A National on the trade of Registry of LMO transgenic products Applications is in Panama, and created and preliminary functioning. databases listing national experts in 4.(c) An increased fields related to number of records are biotechnology and available on the biosafety, and national BCH, all of detailing relevant which lack outputs of the confidential national diagnoses. commercial The current information. biosafety site is the national BCH, which lacks a project section and hits /downloads counters, but has inter-operability with the BCH Central Portal. The number of records available on the national BCH at the time of project start (inception workshiop) needs to be counted. There is a legal framework for the protection of intellectual property and confidential information. Mid point Target (as relevant) End of Project Target Means of verification Monitoring Location/ Responsibility / Sampling Group for verifying (frequency /size) Sample Ministries National Project Questions can be A 20% increase is Active and posted via an easy- measured in the populated Q&A consists in and Govt Coordinator, access Questionsmonthly rate of hits feature of Web official web institutions Project Steering site contents in Panama. Committee and and-Answers and downloads from site. and technical external (Q&A) feature on the biosafety Web Regular the national BCH site, as compared to readings of hits files, which Internet. evaluators Web site. mid-term. and downloads should be reviewed or The National The National counters, counted at Registry of LMO Registry of LMO starting at project start Applications is Applications has project mid(inception), created and is being been updated. term. at mid-term test-run by a At least a 50% Regular (before or designated increase in the tracking of during institution. number of records uploaded external At least a 25% (stripped of records, since evaluation) increase in the confidential data) project start and at number of records available on the (inception project end (stripped of national BCH, as workshop). (before or confidential data) compared to project Electronic during available on the start (inception and printed terminal national BCH, as workshop). versions of evaluation) compared to project records start (inception uploaded onto workshop). national BCH, noting withdrawal of confidential commercial data, where relevant. Data base files for National Registry of LMO Applications. Time Budget frame (Object of expenditure & cost) Once Part of project every management two and project years M&E costs 20 Outcome Indicator Outcome 5.1 Interest in biosafety is stimulated and the quality of the biosafety debate is elevated. 5.1 (a) Awareness concerning biotechnology, biosafety and LMOs is measurably increased in specific groups. Baseline Conditions Capacity building projects in biosafety have been executed but with very little community participation and almost no private sector participation. 5.1 (b) A measurable The baseline increase in the use of number of Q&As the Questions-andconcerning Answers (Q&A) biosafety currently feature of the posted on the Web biosafety Web site. site is zero. The level of 5.1 (c) Opportunities overall knowledge are created for /awareness of specialization in biosafety is biosafety or currently unknown. biotechnology. Training or specialization courses for modern biotechnology and biosafety are only available abroad. Mid point Target (as relevant) End of Project Target • Target samples (of producer and farmer groups and of University students from disciplines in natural sciences, economics and environmental law) have been selected The rate at which questions are posted on the Q&As feature of the biosafety Web site has increased 1.5fold. At least 2 cooperation agreements have been signed with academic institutions or experts for the formation and specialization of professionals, and for supporting biosafety outreach activities. At least 20% more knowledge is shown by a sample of the private sector (producers and farmers) concerning biosafety regulations. At least 20% more knowledge is shown by a sample of University students on the specific benefits and risks of modern biotechnology and its products such as LMOs. The rate at which questions are posted on the Q&As feature of the biosafety Web site has increased 2fold, or questions have become notably more complex. Means of verification Monitoring / Sampling (frequency /size) Questionnaire Samples of private results from sector sample of representativ productive es and of sector representatives University before and after students will be selected sensitization before midactivities. Questionnaire term results from Sample also sample of includes University students, before official and technical and after documents, sensitization and web site activities. contents, Regular which screening and should be counting of reviewed at contents of Q&A section of project start (inception), Web site. Institutional at mid-term correspondence (before or during concerning external adoption and evaluation) purpose of and at cooperation project end agreements. (before or Draft and signed versions during of cooperation terminal evaluation) agreements. Location/ Responsibility Group for verifying Time Budget frame (Object of expenditure & cost) Ministries National Project Once Part of project and Govt Coordinator, every management and project institutions Project Steering two in Panama. Committee and years M&E costs. external General survey Private evaluators or targeted companies questionnaire and will be University conducted as faculties in an add-on to Panama. public activities Internet 21 2. Cost of acquisition of essential baseline data during first year of project: Knowledge surveys will be carried out with target stakeholder groups (eg. University students or productive sector representatives) but not in the first year of the project (see Appendix 5). Initial questionnaires will set a knowledge baseline in targeted groups. Final questionnaires will allow knowledge increase to be measured and cash prizes to be awarded appropriately. Project team will organize data collection method and timetable, ensure human task force, supervise survey activities and participate in analyses of results. Total cost estimated at: US$ 10,000 GEF 3. Cost of project inception workshop (please include proposed location, number of participants): Total cost estimated at: US$ 3,000 GEF + US$ 5,700 co-finance = US$ 8,700 4. Cost of Mid-Term review/Evaluation: Estimated at: US$ 12,000 GEF + US$ 2,000 co-finance = US$ 14,000 5. Cost of Terminal Evaluation: Estimated at: US$ 14,000 GEF + US$ 2,500 co-finance = US$ 16,500 6. Any additional M&E costs: Financial auditing (annual): US$ 14,000 GEF + US$ 2,500 co-finance = US$ 16,500 Facilities and mechanisms for performance reviews, regular reporting and deriving lessons learnt through the Steering Committee: US$ 12,100 GEF + US$ 15,580 co-finance = US$ 27,680 Travel for exchanging experiences between LAC projects: US$ 4,000 GEF + US$ 3,000 co-finance = US$ 7,000 Total costs (this figure should be included in the consolidated project budget and in the Request for CEO endorsement/approval in the M&E budget line): GEF funds: US$ 69,100 + Co-financing: US$ 31,280 = TOTAL M&E COSTS: US$ 100,380 22 Appendix 8: Summary of reporting requirements and responsibilities Format appended to legal instrument as Responsibility of Reporting requirements Due date Procurement plan (goods and services) 2 weeks before project inception meeting N/A Project Manager Inception Report 1 month after project inception meeting N/A Project Manager Expenditure report accompanied by explanatory notes Half-yearly on or before 31 July and 31 January Cash Advance request and details of anticipated disbursements Hal-yearly or when required Annex 7B Project Manager Progress report Half-yearly on or before 31 July and 31 January Annex 8 Project Manager Audited report for expenditures for year ending 31 December Yearly on or before 30 June N/A Executing Agency to contract firm Inventory of non-expendable equipment Yearly on or before 31 January Annex 6A Project Manager Co-financing report Yearly on or before 31 July Annex 12 Project Manager Project implementation review (PIR) report Yearly on or before 31 August Annex 9 Project Manager, UNEP Task Manager and FMO Minutes of steering committee meetings Yearly (or as relevant) N/A Project Manager Mission reports and “aide memoire” for executing agency Within 2 weeks of return N/A UNEP Task Manager and FMO Final report 2 months of project completion date Annex 10 Project Manager Annex 6A Project Manager Annex 6B Project Manager Final inventory of non-expendable equipment Equipment transfer letter Project Manager Annex 11 Final expenditure statement 3 months of project completion date Annex 11 Project Manager Mid-term review or Mid-term evaluation Midway though project N/A Task Manager or UNEPEOU (as relevant) Final audited report for expenditures of project Within 6 months of project completion date N/A Executing partner to contract firm Independent terminal evaluation report Within 6 months of project completion date Appendix 9 to this Project Document UNEP-EOU 23 Appendix 9: Standard Terms of Reference for the Terminal Evaluation 1. Objective and Scope of the Evaluation The objective of this terminal evaluation is to examine the extent and magnitude of any project impacts to date and determine the likelihood of future impacts. The evaluation will also assess project performance and the implementation of planned project activities and planned outputs against actual results. The evaluation will focus on the following main questions: 1. Did the project help to { } among key target audiences (international conventions and initiatives, national level policy-makers, regional and local policy-makers, resource managers and practitioners). 2. Did the outputs of the project articulate options and recommendations for { }? Were these options and recommendations used? If so by whom? 3. To what extent did the project outputs produced have the weight of scientific authority and credibility necessary to influence policy makers and other key audiences? Methods This terminal evaluation will be conducted as an in-depth evaluation using a participatory approach whereby the UNEP/DGEF Task Manager, key representatives of the executing agencies and other relevant staff are kept informed and consulted throughout the evaluation. The consultant will liaise with the UNEP/EOU and the UNEP/DGEF Task Manager on any logistic and/or methodological issues to properly conduct the review in as independent a way as possible, given the circumstances and resources offered. The draft report will be circulated to UNEP/DGEF Task Manager, key representatives of the executing agencies and the UNEP/EOU. Any comments or responses to the draft report will be sent to UNEP / EOU for collation and the consultant will be advised of any necessary or suggested revisions. The findings of the evaluation will be based on the following: 1. A desk review of project documents including, but not limited to: (a) The project documents, outputs, monitoring reports (such as progress and financial reports to UNEP and GEF annual Project Implementation Review reports) and relevant correspondence. (b) Notes from the Steering Group meetings. (c) Other project-related material produced by the project staff or partners. (d) Relevant material published on the project web-site:{ }. 2. Interviews with project management and technical support including {NEED INPUT FROM TM HERE} 3. Interviews and Telephone interviews with intended users for the project outputs and other stakeholders involved with this project, including in the participating countries and international bodies. The Consultant shall determine whether to seek additional information and opinions from representatives of donor agencies and other organizations. As appropriate, these interviews could be combined with an email questionnaire. 4. Interviews with the UNEP/DGEF project task manager and Fund Management Officer, and other relevant staff in UNEP dealing with {relevant GEF focal area(s)}-related activities as necessary. The Consultant shall also gain broader perspectives from discussions with relevant GEF Secretariat staff. 24 5. Field visits2 to project staff Key Evaluation principles. In attempting to evaluate any outcomes and impacts that the project may have achieved, evaluators should remember that the project’s performance should be assessed by considering the difference between the answers to two simple questions “what happened?” and “what would have happened anyway?”. These questions imply that there should be consideration of the baseline conditions and trends in relation to the intended project outcomes and impacts. In addition it implies that there should be plausible evidence to attribute such outcomes and impacts to the actions of the project. Sometimes, adequate information on baseline conditions and trends is lacking. In such cases this should be clearly highlighted by the evaluator, along with any simplifying assumptions that were taken to enable the evaluator to make informed judgements about project performance. 2. Project Ratings The success of project implementation will be rated on a scale from ‘highly unsatisfactory’ to ‘highly satisfactory’. In particular the evaluation shall assess and rate the project with respect to the eleven categories defined below:3 A. Attainment of objectives and planned results: The evaluation should assess the extent to which the project's major relevant objectives were effectively and efficiently achieved or are expected to be achieved and their relevance. Effectiveness: Evaluate how, and to what extent, the stated project objectives have been met, taking into account the “achievement indicators”. The analysis of outcomes achieved should include, inter alia, an assessment of the extent to which the project has directly or indirectly assisted policy and decision-makers to apply information supplied by biodiversity indicators in their national planning and decision-making. In particular: Evaluate the immediate impact of the project on {relevant focal area} monitoring and in national planning and decision-making and international understanding and use of biodiversity indicators. As far as possible, also assess the potential longer-term impacts considering that the evaluation is taking place upon completion of the project and that longer term impact is expected to be seen in a few years time. Frame recommendations to enhance future project impact in this context. Which will be the major ‘channels’ for longer term impact from the project at the national and international scales? Relevance: In retrospect, were the project’s outcomes consistent with the focal areas/operational program strategies? Ascertain the nature and significance of the contribution of the project outcomes to the {relevant Convention(s)} and the wider portfolio of the GEF. Efficiency: Was the project cost effective? Was the project the least cost option? Was the project implementation delayed and if it was, then did that affect cost-effectiveness? Assess the contribution of cash and in-kind co-financing to project implementation and to what extent the project leveraged additional resources. Did the project build on earlier initiatives, did it make effective use of available scientific and / or technical information. Wherever possible, the evaluator should also compare the cost-time vs. outcomes relationship of the project with that of other similar projects. B. Sustainability: Sustainability is understood as the probability of continued long-term project-derived outcomes and impacts after the GEF project funding ends. The evaluation will identify and assess the key conditions or factors that are likely to contribute or undermine the persistence of benefits after the project ends. 2 3 Evaluators should make a brief courtesy call to GEF Country Focal points during field visits if at all possible. However, the views and comments expressed by the evaluator need not be restricted to these items. 25 Some of these factors might be outcomes of the project, e.g. stronger institutional capacities or better informed decision-making. Other factors will include contextual circumstances or developments that are not outcomes of the project but that are relevant to the sustainability of outcomes. The evaluation should ascertain to what extent follow-up work has been initiated and how project outcomes will be sustained and enhanced over time. Five aspects of sustainability should be addressed: financial, socio-political, institutional frameworks and governance, environmental (if applicable). The following questions provide guidance on the assessment of these aspects: Financial resources. Are there any financial risks that may jeopardize sustenance of project outcomes? What is the likelihood that financial and economic resources will not be available once the GEF assistance ends (resources can be from multiple sources, such as the public and private sectors, income generating activities, and trends that may indicate that it is likely that in future there will be adequate financial resources for sustaining project’s outcomes)? To what extent are the outcomes of the project dependent on continued financial support? Socio-political: Are there any social or political risks that may jeopardize sustenance of project outcomes? What is the risk that the level of stakeholder ownership will be insufficient to allow for the project outcomes to be sustained? Do the various key stakeholders see that it is in their interest that the project benefits continue to flow? Is there sufficient public / stakeholder awareness in support of the long term objectives of the project? Institutional framework and governance. To what extent is the sustenance of the outcomes of the project dependent on issues relating to institutional frameworks and governance? What is the likelihood that institutional and technical achievements, legal frameworks, policies and governance structures and processes will allow for, the project outcomes/benefits to be sustained? While responding to these questions consider if the required systems for accountability and transparency and the required technical know-how are in place. Environmental. Are there any environmental risks that can undermine the future flow of project environmental benefits? The TE should assess whether certain activities in the project area will pose a threat to the sustainability of the project outcomes. For example; construction of dam in a protected area could inundate a sizable area and thereby neutralize the biodiversity-related gains made by the project; or, a newly established pulp mill might jeopardise the viability of nearby protected forest areas by increasing logging pressures; or a vector control intervention may be made less effective by changes in climate and consequent alterations to the incidence and distribution of malarial mosquitoes. C. Achievement of outputs and activities: Delivered outputs: Assessment of the project’s success in producing each of the programmed outputs, both in quantity and quality as well as usefulness and timeliness. Assess the soundness and effectiveness of the methodologies used for developing the technical documents and related management options in the participating countries Assess to what extent the project outputs produced have the weight of scientific authority / credibility, necessary to influence policy and decision-makers, particularly at the national level. D. Catalytic Role Replication and catalysis. What examples are there of replication and catalytic outcomes? Replication approach, in the context of GEF projects, is defined as lessons and experiences coming out of the project that are replicated or scaled up in the design and implementation of other projects. Replication can have two aspects, replication proper (lessons and experiences are replicated in different geographic area) or scaling up (lessons and experiences are replicated within the same geographic area but funded by other sources). Specifically: 26 Do the recommendations for management of {project} coming from the country studies have the potential for application in other countries and locations? If no effects are identified, the evaluation will describe the catalytic or replication actions that the project carried out. E. Assessment monitoring and evaluation systems. The evaluation shall include an assessment of the quality, application and effectiveness of project monitoring and evaluation plans and tools, including an assessment of risk management based on the assumptions and risks identified in the project document. The Terminal Evaluation will assess whether the project met the minimum requirements for ‘project design of M&E’ and ‘the application of the Project M&E plan’ (see minimum requirements 1&2 in Annex 4 to this Appendix). GEF projects must budget adequately for execution of the M&E plan, and provide adequate resources during implementation of the M&E plan. Project managers are also expected to use the information generated by the M&E system during project implementation to adapt and improve the project. M&E during project implementation M&E design. Projects should have sound M&E plans to monitor results and track progress towards achieving project objectives. An M&E plan should include a baseline (including data, methodology, etc.), SMART indicators (see Annex 4) and data analysis systems, and evaluation studies at specific times to assess results. The time frame for various M&E activities and standards for outputs should have been specified. M&E plan implementation. A Terminal Evaluation should verify that: an M&E system was in place and facilitated timely tracking of results and progress towards projects objectives throughout the project implementation period (perhaps through use of a logframe or similar); annual project reports and Progress Implementation Review (PIR) reports were complete, accurate and with well justified ratings; that the information provided by the M&E system was used during the project to improve project performance and to adapt to changing needs; and that projects had an M&E system in place with proper training for parties responsible for M&E activities. Budgeting and Funding for M&E activities. The terminal evaluation should determine whether support for M&E was budgeted adequately and was funded in a timely fashion during implementation. F. Preparation and Readiness Were the project’s objectives and components clear, practicable and feasible within its timeframe? Were the capacities of executing institution and counterparts properly considered when the project was designed? Were lessons from other relevant projects properly incorporated in the project design? Were the partnership arrangements properly identified and the roles and responsibilities negotiated prior to project implementation? Were counterpart resources (funding, staff, and facilities), enabling legislation, and adequate project management arrangements in place? G. Country ownership / driveness: This is the relevance of the project to national development and environmental agendas, recipient country commitment, and regional and international agreements. The evaluation will: Assess the level of country ownership. Specifically, the evaluator should assess whether the project was effective in providing and communicating biodiversity information that catalyzed action in participating countries to improve decisions relating to the conservation and management of the focal ecosystem in each country. Assess the level of country commitment to the generation and use of biodiversity indicators for decision-making during and after the project, including in regional and international fora. H. Stakeholder participation / public awareness: 27 I. This consists of three related and often overlapping processes: information dissemination, consultation, and “stakeholder” participation. Stakeholders are the individuals, groups, institutions, or other bodies that have an interest or stake in the outcome of the GEF- financed project. The term also applies to those potentially adversely affected by a project. The evaluation will specifically: Assess the mechanisms put in place by the project for identification and engagement of stakeholders in each participating country and establish, in consultation with the stakeholders, whether this mechanism was successful, and identify its strengths and weaknesses. Assess the degree and effectiveness of collaboration/interactions between the various project partners and institutions during the course of implementation of the project. Assess the degree and effectiveness of any various public awareness activities that were undertaken during the course of implementation of the project. Financial Planning Evaluation of financial planning requires assessment of the quality and effectiveness of financial planning and control of financial resources throughout the project’s lifetime. Evaluation includes actual project costs by activities compared to budget (variances), financial management (including disbursement issues), and co- financing. The evaluation should: Assess the strength and utility of financial controls, including reporting, and planning to allow the project management to make informed decisions regarding the budget and allow for a proper and timely flow of funds for the payment of satisfactory project deliverables. Present the major findings from the financial audit if one has been conducted. Identify and verify the sources of co- financing as well as leveraged and associated financing (in cooperation with the IA and EA). Assess whether the project has applied appropriate standards of due diligence in the management of funds and financial audits. The evaluation should also include a breakdown of final actual costs and co-financing for the project prepared in consultation with the relevant UNEP/DGEF Fund Management Officer of the project (table attached in Annex 1 to this Appendix Co-financing and leveraged resources). J. Implementation approach: This includes an analysis of the project’s management framework, adaptation to changing conditions (adaptive management), partnerships in implementation arrangements, changes in project design, and overall project management. The evaluation will: Ascertain to what extent the project implementation mechanisms outlined in the project document have been closely followed. In particular, assess the role of the various committees established and whether the project document was clear and realistic to enable effective and efficient implementation, whether the project was executed according to the plan and how well the management was able to adapt to changes during the life of the project to enable the implementation of the project. Evaluate the effectiveness and efficiency and adaptability of project management and the supervision of project activities / project execution arrangements at all levels (1) policy decisions: Steering Group; (2) day to day project management in each of the country executing agencies and {lead executing agency}. K. UNEP Supervision and Backstopping Assess the effectiveness of supervision and administrative and financial support provided by UNEP/DGEF. Identify administrative, operational and/or technical problems and constraints that influenced the effective implementation of the project. The ratings will be presented in the form of a table. Each of the eleven categories should be rated separately with brief justifications based on the findings of the main analysis. An overall rating for the project should also be given. The following rating system is to be applied: 28 HS S MS MU U HU = Highly Satisfactory = Satisfactory = Moderately Satisfactory = Moderately Unsatisfactory = Unsatisfactory = Highly Unsatisfactory 3. Evaluation report format and review procedures The report should be brief, to the point and easy to understand. It must explain; the purpose of the evaluation, exactly what was evaluated and the methods used. The report must highlight any methodological limitations, identify key concerns and present evidence-based findings, consequent conclusions, recommendations and lessons. The report should be presented in a way that makes the information accessible and comprehensible and include an executive summary that encapsulates the essence of the information contained in the report to facilitate dissemination and distillation of lessons. The evaluation will rate the overall implementation success of the project and provide individual ratings of the eleven implementation aspects as described in Section 1 of this TOR. The ratings will be presented in the format of a table with brief justifications based on the findings of the main analysis. Evidence, findings, conclusions and recommendations should be presented in a complete and balanced manner. Any dissident views in response to evaluation findings will be appended in an annex. The evaluation report shall be written in English, be of no more than 50 pages (excluding annexes), use numbered paragraphs and include: i) ii) iii) iv) v) vi) vii) An executive summary (no more than 3 pages) providing a brief overview of the main conclusions and recommendations of the evaluation; Introduction and background giving a brief overview of the evaluated project, for example, the objective and status of activities; The GEF Monitoring and Evaluation Policy, 2006, requires that a TE report will provide summary information on when the evaluation took place; places visited; who was involved; the key questions; and, the methodology. Scope, objective and methods presenting the evaluation’s purpose, the evaluation criteria used and questions to be addressed; Project Performance and Impact providing factual evidence relevant to the questions asked by the evaluator and interpretations of such evidence. This is the main substantive section of the report. The evaluator should provide a commentary and analysis on all eleven evaluation aspects (A − K above). Conclusions and rating of project implementation success giving the evaluator’s concluding assessments and ratings of the project against given evaluation criteria and standards of performance. The conclusions should provide answers to questions about whether the project is considered good or bad, and whether the results are considered positive or negative. The ratings should be provided with a brief narrative comment in a table (see Annex 1 to this Appendix); Lessons (to be) learned presenting general conclusions from the standpoint of the design and implementation of the project, based on good practices and successes or problems and mistakes. Lessons should have the potential for wider application and use. All lessons should ‘stand alone’ and should: Briefly describe the context from which they are derived State or imply some prescriptive action; Specify the contexts in which they may be applied (if possible, who when and where) Recommendations suggesting actionable proposals for improvement of the current project. In general, Terminal Evaluations are likely to have very few (perhaps two or three) actionable recommendations. 29 Prior to each recommendation, the issue(s) or problem(s) to be addressed by the recommendation should be clearly stated. A high quality recommendation is an actionable proposal that is: 1. Feasible to implement within the timeframe and resources available 2. Commensurate with the available capacities of project team and partners 3. Specific in terms of who would do what and when 4. Contains results-based language (i.e. a measurable performance target) 5. Includes a trade-off analysis, when its implementation may require utilizing significant resources that would otherwise be used for other project purposes. viii) Annexes may include additional material deemed relevant by the evaluator but must include: 1. The Evaluation Terms of Reference, 2. A list of interviewees, and evaluation timeline 3. A list of documents reviewed / consulted 4. Summary co-finance information and a statement of project expenditure by activity 5. The expertise of the evaluation team. (brief CV). TE reports will also include any response / comments from the project management team and/or the country focal point regarding the evaluation findings or conclusions as an annex to the report, however, such will be appended to the report by UNEP EOU. Examples of UNEP GEF Terminal Evaluation Reports are available at www.unep.org/eou Review of the Draft Evaluation Report Draft reports submitted to UNEP EOU are shared with the corresponding Programme or Project Officer and his or her supervisor for initial review and consultation. The DGEF staff and senior Executing Agency staff are allowed to comment on the draft evaluation report. They may provide feedback on any errors of fact and may highlight the significance of such errors in any conclusions. The consultation also seeks feedback on the proposed recommendations. UNEP EOU collates all review comments and provides them to the evaluators for their consideration in preparing the final version of the report. 4. Submission of Final Terminal Evaluation Reports. The final report shall be submitted in electronic form in MS Word format and should be sent to the following persons: Segbedzi Norgbey, Chief, UNEP Evaluation and Oversight Unit P.O. Box 30552-00100 Nairobi, Kenya Tel.: +(254-20)762-4181 Fax: +(254-20)762-3158 Email: [email protected] With a copy to: Maryam Niamir-Fuller, Director UNEP/Division of GEF Coordination P.O. Box 30552-00100 Nairobi, Kenya Tel: +(254-20)762-4166 Fax: +(254-20)762-4041/2 30 Email: [email protected] {Name} Task Manager {Contact details} The Final evaluation will also be copied to the following GEF National Focal Points. {Insert contact details here} The final evaluation report will be published on the Evaluation and Oversight Unit’s web-site www.unep.org/eou and may be printed in hard copy. Subsequently, the report will be sent to the GEF Office of Evaluation for their review, appraisal and inclusion on the GEF website. 5. Resources and schedule of the evaluation This final evaluation will be undertaken by an international evaluator contracted by the Evaluation and Oversight Unit, UNEP. The contract for the evaluator will begin on ddmmyyy and end on ddmmyyyy (# days) spread over # weeks (# days of travel, to {country(ies)}, and # days desk study). The evaluator will submit a draft report on ddmmyyyy to UNEP/EOU, the UNEP/DGEF Task Manager, and key representatives of the executing agencies. Any comments or responses to the draft report will be sent to UNEP / EOU for collation and the consultant will be advised of any necessary revisions. Comments to the final draft report will be sent to the consultant by ddmmyyyy after which, the consultant will submit the final report no later than ddmmyyyy. The evaluator will after an initial telephone briefing with EOU and UNEP/GEF conduct initial desk review work and later travel to (country(ies)} and meet with project staff at the beginning of the evaluation. Furthermore, the evaluator is expected to travel to {country(ies)} and meet with representatives of the project executing agencies and the intended users of project’s outputs. In accordance with UNEP/GEF policy, all GEF projects are evaluated by independent evaluators contracted as consultants by the EOU. The evaluator should have the following qualifications: The evaluator should not have been associated with the design and implementation of the project in a paid capacity. The evaluator will work under the overall supervision of the Chief, Evaluation and Oversight Unit, UNEP. The evaluator should be an international expert in { } with a sound understanding of { } issues. The consultant should have the following minimum qualifications: (i) experience in {} issues; (ii) experience with management and implementation of { } projects and in particular with { } targeted at policy-influence and decision-making; (iii) experience with project evaluation. Knowledge of UNEP programmes and GEF activities is desirable. Knowledge of {specify language(s)} is an advantage. Fluency in oral and written English is a must. 6. Schedule Of Payment The consultant shall select one of the following two contract options: Lump-Sum Option The evaluator will receive an initial payment of 30% of the total amount due upon signature of the contract. A further 30% will be paid upon submission of the draft report. A final payment of 40% will be made upon satisfactory completion of work. The fee is payable under the individual Special Service Agreement (SSA) of the evaluator and is inclusive of all expenses such as travel, accommodation and incidental expenses. Fee-only Option 31 The evaluator will receive an initial payment of 40% of the total amount due upon signature of the contract. Final payment of 60% will be made upon satisfactory completion of work. The fee is payable under the individual SSAs of the evaluator and is NOT inclusive of all expenses such as travel, accommodation and incidental expenses. Ticket and DSA will be paid separately. In case, the evaluator cannot provide the products in accordance with the TORs, the timeframe agreed, or his products are substandard, the payment to the evaluator could be withheld, until such a time the products are modified to meet UNEP's standard. In case the evaluator fails to submit a satisfactory final product to UNEP, the product prepared by the evaluator may not constitute the evaluation report. 32 Annex 1 to Appendix 9: OVERALL RATINGS TABLE Evaluato Evaluator’s Summary Criterion r’s Comments Rating A. Attainment of project objectives and results (overall rating) Sub criteria (below) A. 1. Effectiveness A. 2. Relevance A. 3. Efficiency B. Sustainability of Project outcomes (overall rating) Sub criteria (below) B. 1. Financial B. 2. Socio Political B. 3. Institutional framework and governance B. 4. Ecological C. Achievement of outputs and activities D. Monitoring and Evaluation (overall rating) Sub criteria (below) D. 1. M&E Design D. 2. M&E Plan Implementation (use for adaptive management) D. 3. Budgeting and Funding for M&E activities E. Catalytic Role F. Preparation and readiness G. Country ownership / drivenness H. Stakeholders involvement I. Financial planning J. Implementation approach K. UNEP Supervision and backstopping RATING OF PROJECT OBJECTIVES AND RESULTS Highly Satisfactory (HS): The project had no shortcomings in the achievement of its objectives, in terms of relevance, effectiveness or efficiency. Satisfactory (S): The project had minor shortcomings in the achievement of its objectives, in terms of relevance, effectiveness or efficiency. Moderately Satisfactory (MS): The project had moderate shortcomings in the achievement of its objectives, in terms of relevance, effectiveness or efficiency. 33 Moderately Unsatisfactory (MU): The project had significant shortcomings in the achievement of its objectives, in terms of relevance, effectiveness or efficiency. Unsatisfactory (U) The project had major shortcomings in the achievement of its objectives, in terms of relevance, effectiveness or efficiency. Highly Unsatisfactory (HU): The project had severe shortcomings in the achievement of its objectives, in terms of relevance, effectiveness or efficiency. Please note: Relevance and effectiveness will be considered as critical criteria. The overall rating of the project for achievement of objectives and results may not be higher than the lowest rating on either of these two criteria. Thus, to have an overall satisfactory rating for outcomes a project must have at least satisfactory ratings on both relevance and effectiveness. RATINGS ON SUSTAINABILITY A. Sustainability will be understood as the probability of continued long-term outcomes and impacts after the GEF project funding ends. The Terminal evaluation will identify and assess the key conditions or factors that are likely to contribute or undermine the persistence of benefits after the project ends. Some of these factors might be outcomes of the project, i.e. stronger institutional capacities, legal frameworks, socio-economic incentives /or public awareness. Other factors will include contextual circumstances or developments that are not outcomes of the project but that are relevant to the sustainability of outcomes. Rating system for sustainability sub-criteria On each of the dimensions of sustainability of the project outcomes will be rated as follows. Likely (L): There are no risks affecting this dimension of sustainability. Moderately Likely (ML). There are moderate risks that affect this dimension of sustainability. Moderately Unlikely (MU): There are significant risks that affect this dimension of sustainability Unlikely (U): There are severe risks that affect this dimension of sustainability. According to the GEF Office of Evaluation, all the risk dimensions of sustainability are deemed critical. Therefore, overall rating for sustainability will not be higher than the rating of the dimension with lowest ratings. For example, if a project has an Unlikely rating in any of the dimensions then its overall rating cannot be higher than Unlikely, regardless of whether higher ratings in other dimensions of sustainability produce a higher average. RATINGS OF PROJECT M&E Monitoring is a continuing function that uses systematic collection of data on specified indicators to provide management and the main stakeholders of an ongoing project with indications of the extent of progress and achievement of objectives and progress in the use of allocated funds. Evaluation is the systematic and objective assessment of an on-going or completed project, its design, implementation and results. Project evaluation may involve the definition of appropriate standards, the examination of performance against those standards, and an assessment of actual and expected results. The Project monitoring and evaluation system will be rated on ‘M&E Design’, ‘M&E Plan Implementation’ and ‘Budgeting and Funding for M&E activities’ as follows: Highly Satisfactory (HS): There were no shortcomings in the project M&E system. Satisfactory(S): There were minor shortcomings in the project M&E system. Moderately Satisfactory (MS): There were moderate shortcomings in the project M&E system. Moderately Unsatisfactory (MU): There were significant shortcomings in the project M&E system. Unsatisfactory (U): There were major shortcomings in the project M&E system. 34 Highly Unsatisfactory (HU): The Project had no M&E system. “M&E plan implementation” will be considered a critical parameter for the overall assessment of the M&E system. The overall rating for the M&E systems will not be higher than the rating on “M&E plan implementation.” All other ratings will be on the GEF six point scale. GEF Performance Description Alternative description on the same scale HS = Highly Satisfactory Excellent S Well above average = Satisfactory MS = Moderately Satisfactory Average MU = Moderately Unsatisfactory Below Average U = Unsatisfactory Poor HU = Highly Unsatisfactory Very poor (Appalling) 35 Annex 2 to Appendix 9: Co-financing and Leveraged Resources Co financing (Type/Source) IA own Financing (mill US$) Plan Act ned ual Government Other* Total (mill US$) Plan Actu ned al (mill US$) Plan Act ned ual (mill US$) Plan Act ned ual Total Disbursement (mill US$) Plan Actu ned al Grants Loans/Concessional (compared to market rate) Credits Equity investments In-kind support Other (*) - Totals Co-financing (basic data to be supplied to the consultant for verification) * Other is referred to contributions mobilized for the project from other multilateral agencies, bilateral development cooperation agencies, NGOs, the private sector and beneficiaries. Leveraged Resources Leveraged resources are additional resources—beyond those committed to the project itself at the time of approval—that are mobilized later as a direct result of the project. Leveraged resources can be financial or in-kind and they may be from other donors, NGO’s, foundations, governments, communities or the private sector. Please briefly describe the resources the project has leveraged since inception and indicate how these resources are contributing to the project’s ultimate objective. Table showing final actual project expenditure by activity to be supplied by the UNEP Fund management Officer. (insert here) 36 Annex 3 to Appendix 9 Review of the Draft Report Draft reports submitted to UNEP EOU are shared with the corresponding Programme or Project Officer and his or her supervisor for initial review and consultation. The DGEF staff and senior Executing Agency staff provide comments on the draft evaluation report. They may provide feedback on any errors of fact and may highlight the significance of such errors in any conclusions. The consultation also seeks agreement on the findings and recommendations. UNEP EOU collates the review comments and provides them to the evaluators for their consideration in preparing the final version of the report. General comments on the draft report with respect to compliance with these TOR are shared with the reviewer. Quality Assessment of the Evaluation Report All UNEP GEF Mid Term Reports are subject to quality assessments by UNEP EOU. These apply GEF Office of Evaluation quality assessment and are used as a tool for providing structured feedback to the evaluator. The quality of the draft evaluation report is assessed and rated against the following criteria: GEF Report Quality Criteria A. Did the report present an assessment of relevant outcomes and achievement of project objectives in the context of the focal area program indicators if applicable? B. Was the report consistent and the evidence complete and convincing and were the ratings substantiated when used? C. Did the report present a sound assessment of sustainability of outcomes? D. Were the lessons and recommendations supported by the evidence presented? E. Did the report include the actual project costs (total and per activity) and actual co-financing used? F. Did the report include an assessment of the quality of the project M&E system and its use for project management? UNEP EOU additional Report Quality Criteria UNEP EOU Assessment Rating UNEP EOU Assessment Rating G. Quality of the lessons: Were lessons readily applicable in other contexts? Did they suggest prescriptive action? H. Quality of the recommendations: Did recommendations specify the actions necessary to correct existing conditions or improve operations (‘who?’ ‘what?’ ‘where?’ ‘when?)’. Can they be implemented? Did the recommendations specify a goal and an associated performance indicator? I. Was the report well written? (clear English language and grammar) J. Did the report structure follow EOU guidelines, were all requested Annexes included? K. Were all evaluation aspects specified in the TORs adequately addressed? L. Was the report delivered in a timely manner 37 GEF Quality of the MTE report = 0.3*(A + B) + 0.1*(C+D+E+F) EOU assessment of MTE report = 0.3*(G + H) + 0.1*(I+J+K+L) Combined quality Rating = (2* ‘GEF EO’ rating + EOU rating)/3 The Totals are rounded and converted to the scale of HS to HU Rating system for quality of terminal evaluation reports A number rating 1-6 is used for each criterion: Highly Satisfactory = 6, Satisfactory = 5, Moderately Satisfactory = 4, Moderately Unsatisfactory = 3, Unsatisfactory = 2, Highly Unsatisfactory = 1, and unable to assess = 0. 38 Annex 5 to Appendix 9 List of intended additional recipients for the Terminal Evaluation (to be completed by the IA Task Manager) Name Aaron Zazuetta Affiliation GEF Evaluation Office Email [email protected] Government Officials GEF Focal Point(s) Executing Agency Implementing Agency Carmen Tavera UNEP DGEF Quality Assurance Officer 39 Appendix 10: Decision-making flowchart and organizational chart -------------------------------------------------------------------------------------------------------------------------Decision level (Decision Makers) Decision Makers ANAM-MIDA-MINSAAUPSA-ARAP GEF – UNEP (Evaluation and Monitoring) Regulating Competent Authorities (ANAM, SENACYT, MIDA, MINSA, IDIAP, AUPSA, ARAP) ANAM ANAM Support and coordination: Protected Areas and (OPPA, UPO, Legal Advice) Wildlife Direction ------------------------------------------------------------------------------------------------------------------------------Biosafety Unit Executing Level Project Administration Unit Project’s Steering Committee National Project Coordinator --------------------------------------------------------------------------------------------------------------------External Collaborators Productive, Private and Academic Sector Sectorial Committees NGOs 40 Appendix 11: Terms of Reference (Draft) The National Executing Agency (NEA), in addition to the other duties given to it by the national Government, shall: Establish the Steering Committee and ensure smooth operation, providing the necessary secretariat support and offering any information available about government, private and public sector activities that may impact (positively or negatively) on the project and on the use of modern biotechnology in the country; Appoint a full time National Project Coordinator (NPC) and supervise his/her work, taking into account the sustainability of national biosafety activities on completion of the project; Provide the necessary scientific, technical, financial and administrative support to the work of the NPC, working in close cooperation with relevant government agencies, the scientific community and the public and private sectors; Ensure that regular reports, financial accounts, project implementation reviews and annual audits are submitted to UNEP; Review all documentation and products deriving from the project to ensure that these are consonant with national Government policies and practices; Clear and submit to UNEP the final versions of all outputs expected from the project. The National Project Coordinator (NPC) /Project Manager shall: 1. Be responsible for the overall co-ordination, management and supervision of all aspects of the Project, ensuring that all the activities are carried out on time and within budget to achieve the stated outputs and outcomes; 2. Report to the National Executing Agency and UNEP, and liaise closely with the chair and members of the Steering Committee in order to coordinate the work plan for the Project. 3. Be responsible for all substantive, managerial and financial reports to UNEP required for the Project. 4. Provide overall supervision for any staff in the project team as well as guidance and supervision of all other staff appointed for the execution of the various Project components. 5. Prepare and oversee the development of terms of reference, and organize the contracting of consultants, institutions and experts; 6. Coordinate, manage and monitor the delivery of products expected from local and international experts, consultants, sub contracts and co-operating partners; 7. Organize Steering Committee meetings, and prepare detailed work plan and budgets for consideration of the Steering Committee; 8. Ensure effective communication with the relevant authorities, institutions and government departments in close collaboration with the NEA and Steering Committee; 9. Foster, establish and maintain links with other related national and international programmes and projects in the region; and 10. Manage project finances, oversee overall resource allocation and where relevant, submit a proposal for budget revision to the Steering Committee and UNEP. 41 The Technical Specialist (*) shall: 1. Act as technical advisor the Steering Committee and the NPC as needed; 2. Orient with regards to resource persons, institutions and experts of international, regional or national origin that are important for specific topics or tasks, or as references and information sources; 3. Participate in the fine-tuning of consultancy Terms of References, and in the review of technical reports and consultancy deliverables prior to approval; 4. Represent national interests, facilitate strategic information and ensure an adequate articulation between the project and other relevant national processes; 5. Provide technical back-stopping and coordination support with consultants, stakeholder groups and authorities in support of biosafety capacity building, especially for training activities and drills, as well as national consultation and participatory processes; 6. Assist the NPC and National Competent Authorities in passing legislation and regulations, developing and adopting methodologies, setting up structures for risk assessment and decision-making, strengthening inspection and monitoring mechanisms, and improving information management, amongst other topics of the NBF; 7. Support all efforts aimed as disseminating project results at the national level, and synthesizing best practices and lessons learned. 8. Advise the National Competent Authorities, including the NEA, with regards to putting into effect financing options that will cover the maintenance of NBF operations, including BCH functions; 9. Assist in seeking strategic alliances, for example, with the academic sector in the search for opportunities for biosafety specialization, and with authorities for securing political commitment for the adoption of new NBF elements. (*) Given the complexities of biosafety, ideally the Project Manager should coordinate as well as offer technical expertise and specialized inputs into project activities. However, it is assumed that a person fulfilling both profiles may not be readily found. In such a situation, the Technical Specialist would be contracted for specific technical support, leaving coordination and management aspects to the Project Manager. Alternatively, if a professional that fulfills both roles can be found, that person would be contracted on the understanding that approx 1/3 of their time would be dedicated to technical support and 2/3 to project management. To allow flexibility between these two options, the Technical Specialist is listed as a separate but complementary consultancy, but may become part of project personnel if the situation so requires. The Support Consultant shall: 1. Act as technical advisor the Steering Committee and the NPC as needed; 2. Orient with regards to resource persons, institutions and experts of international, regional or national origin that are important for specific topics or tasks, or as references and information sources; 42 Appendix 12: Co-financing commitment letters from project partners Below is the main Letter of Co-financing from ANAM, as the Executing Agency, which covers 47.8% of the total co-finance requirements. 43 44 45 46 47 48 49 Appendix 13: Endorsement letter (for PIF) of GEF National Focal Point 50 51 Appendix 14: Draft procurement plan EXPECTED PURCHASES OF NON-EXPENDABLE EQUIPMENT Description N° of Units Expected Date of Purchase Expected Price (US$) or budget available Laptop computer 2 Project year 1 2,950 1,950 1000 Desktop computer 2 Project year 1 2,950 1,950 1000 Camara (digital) 1 Project year 1 Datashow 1 Project year 1 1,500 1,500 0 Scanner 1 Project year 1 Office furniture TBD Project year 1 SUB-TOTAL Computer Programs and TBD Licenses (*) Throughout project years TOTAL Funding source GEF Govt 8,100 3,100 5,000 15,500 8,500 7,000 15,100 5,100 10,000 30,600 13,600 17,000 (*) This item in the UNEP budget is considered under “Expendable equipment” 52