WORLD TRADE
ORGANIZATIONIP/C/W/347
7 June 2002
(02-3177 )
Council for Trade-Related Aspects
of Intellectual Property RightsOriginal:  English/
                 French/
                 Spanish
REVIEW OF THE PROVISIONS OF ART ICLE 27.3(b), RELATIONSHIP BETWEEN
THE TRIPS AGREEMENT AND THE CONVENTION ON BIOLOGICAL DIVERSITY
AND PROTECTION OF TRADITIONAL KNOWLEDGE AND FOLKLORE
Information from Intergovernmental Organizations
Food and Agriculture Organization (FAO)
As agreed by the Council, at its meeting of 5 to 7 March 2002, the Secretariat contacted the
secretariats of the CBD, CGIAR, FAO, UNCTAD, UNEP, UPOV, WIPO and the World Bank, to
request them to provide updated information on their activities in relation to the agenda items on
review of the provisions of Article 27.3(b), relationship between the TRIPS Agreement and theConvention on Biological Diversity and protection of traditional knowledge and folklore.
The present document reproduces the information that the Secretariat has received from the
FAO.
_______________
Adoption of the International Treaty on Plan t Genetic Resources for Food and Agriculture
On 3 November 2001, the Thirty-first Sessi on of the Conference of the FAO adopted, by
consensus and as a binding international agreement, the International Treaty on Plant Genetic
Resources for Food and Agriculture. The Treaty is in harmony with the Convention on Biological
Diversity (CBD). The Treaty is attached to this report, as Appendix I .
The Treaty is the outcome of nine years of intense negotiations in FAO's inter-governmental
Commission on Genetic Resources for Food and Agriculture, to revise the voluntary International
Undertaking on Plant Genetic Resources for Food and Agriculture, which had been adopted by the
Conference in 1983, and been subject to resolutions of agreed interpretation in 1989 and 1991.  One
hundred and thirteen countries have adhered to the International Undertaking, which was the firstinternational instrument to address the conservation and sustainable utilization of genetic resources
for food and agriculture.  The Thirtieth Session of the Conference of the FAO considered that these
negotiations were at the meeting point between agriculture, the environment and commerce, and
agreed that there should be consistency and synergy in the agreements being developed in these
different sectors.
The Treaty will enter into force upon ratification by forty countries, and, in the meantime, the
FAO Commission on Genetic Resources for Food and Agriculture will act as the Interim Committee.
In adopting the Treaty, by Resolution 3/2001, the Conference of the FAO identified elements of a
programme of work for the Commission acting as Interim Committee for the Treaty.IP/C/W/347
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Article 1 states that the Treaty's objectives  are "the conservation and sustainable use of plant
genetic resources for food and agriculture and the fair and equitable sharing of the benefits arising out
of their use, in harmony with the Convention on Biological Diversity, for sustainable agriculture and
food security". Article 3 establishes that its scope  "relates to plant genetic resources for food and
agriculture".
The Treaty has a number of provisions of direct relevance to the matters being addressed by
the TRIPS Council.
Article 9, for the first time in a binding international agreement, makes provision for
Farmers' Rights , in recognition of the collective i nnovation on which agriculture is based, as
follows:
"9.1 The Contracting Parties recognize th e enormous contribution that the local
and indigenous communities and farmers of all regions of the world, particularlythose in the centres of origin and crop diversity, have made and will continue to make
for the conservation and development of plant genetic resources which constitute the
basis of food and agriculture production throughout the world.
"9.2 The Contracting Parties agree that the responsibility for realizing Farmers'
Rights, as they relate to plant genetic resources for food and agriculture, rests withnational governments. In accordance with their needs and priorities, each
Contracting Party should, as appropriate, and subject to its national legislation, take
measures to protect and promote Farmers' Rights, including.
(a) protection of traditional knowledge relevant to plant genetic resources for
food and agriculture;
(b) the right to equitably participate in sharing benefits arising from the
utilization of plant genetic resources for food and agriculture; and
(c) the right to participate in making decisions, at the national level, on matters
related to the conservation and sustainable use of plant genetic resources for
food and agriculture.
"9.3 Nothing in this Article shall be interpreted to limit any rights that farmers
have to save, use, exchange and sell farm-saved seed/propagating material, subject to
national law and as appropriate."
A further important and innovative part of the Treaty is contained in Articles 10 to 13
(Part IV), which establish a Multilateral System of Access and Benefit-sharing , which applies to a
list of crops in Annex I to the Treaty, established according to criteria of food security and
interdependence. The crops in question cover about 80% of the world's food calorie intake fromplants. In accordance with Article 11.2, Contacting Parties will bring into the Multilateral System all
such resources that are under their management and control and in the public domain, and will, in
accordance with Article 11.3, encourage natural and legal persons within their jurisdiction to include
the resources they hold in the Multilateral System. Article 11.5 provides that the plant genetic
resources for food and agriculture listed in Annex I and held in the ex situ  collections of the
International Agricultural Research Centres of the Consultative Group on International Agricultural
Research (CGIAR) will also be brought into the Multilateral System, by agreements which they are
invited to sign with the Treaty's Governing Body, in accordance with Article 15.IP/C/W/347
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Article 12.3a provides that " Access shall be provided solely for the purpose of utilization and
conservation for  research, breeding and training for food and agriculture, provided that such
purpose does not include chemical, pharmaceutical and/or other non-food/feed industrial uses ".
Article 12.3 b provides that " Access shall be accorded expeditiously, without the need to track
individual accessions and free of charge, or, when  a fee is charged, it shall not exceed the minimal
cost involved ". Further clauses of Article 12 provide that:
(d) Recipients shall not claim any intellectual property or other rights that limit
the facilitated access to the plant genetic resources for food and agriculture,
or their genetic parts or components,  in the form received from the
Multilateral System;
(e) Access to plant genetic resources for food and agriculture under
development, including material being developed by farmers, shall be at thediscretion of its developer, during the period of its development;
(f) Access to plant genetic resources for food and agriculture protected by
intellectual and other property rights shall be consistent with relevant
international agreements, and with relevant national laws;
(g) Plant genetic resources for food and agriculture accessed under the
Multilateral System and conserved shall continue to be made available to the
Multilateral System by the recipients of those plant genetic resources for food
and agriculture, under the terms of this Treaty…
Article 12.4 provides for access to be provided:
"pursuant to a standard material transfer agreement (MTA), which shall be adopted
by the Governing Body and contain the provisions of Articles 12.3a, d and g, as well
as the benefit-sharing provisions set forth in Article 13.2d(ii) and other relevant
provisions of this Treaty, and the provision that the recipient of the plant genetic
resources for food and agriculture shall require that the conditions of the MTA shallapply to the transfer of plant genetic resources for food and agriculture to another
person or entity, as well as to any subsequent transfers of those plant genetic
resources for food and agriculture, will be contained in a standard Material Transfer
Agreement to be agreed by the governing body. Its conditions shall apply to the
transfer of the resources to subsequent persons".
By Article 12.5:
"Contracting Parties shall ensure that an opportunity to seek recourse is available,
consistent with applicable jurisdictional requirements, under their legal systems, in
case of contractual disputes arising unde r such MTAs, recognizing that obligations
arising under such MTAs rest exclusively with the parties to those MTAs".
Article 13 deals with benefit-sharing in the Multilateral System.  By Article 13.1:
"The Contracting Parties recognize that facilitated access to plant genetic resources
for food and agriculture which are included in the Multilateral System constitutes
itself a major benefit of the Multilateral System and agree that benefits accruing
therefrom shall be shared fairly and equitably…"IP/C/W/347
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Article 13.2 states that:
"The Contracting Parties agree that benefits arising from the use, including
commercial, of plant genetic resources for food and agriculture under the
Multilateral System shall be shared fairly and equitably through the following
mechanisms: the exchange of information, access to and transfer of technology,
capacity-building, and the sharing of the benefits arising from commercialization,
taking into account the priority activity areas in the rolling Global Plan of Action,
under the guidance of the Governing Body".1
Article 13.2d deals with the sharing of monetary and other benefits of commercialization. Inparticular, Article 13.2d (ii) provides that:
"the standard Material Transfer Agreement referred to in Article 12.4 shall include a
requirement that a recipient who commercia lizes a product that is a plant genetic
resource for food and agriculture and that incorporates material accessed from the
Multilateral System, shall pay to the mechanism referred to in Article 19.3f,
2 an
equitable share of the benefits arising from the commercialization of that product,except whenever such a product is available without restriction to others for further
research and breeding, in which case the recipient who commercializes shall be
encouraged to make such payment.
"The Governing Body shall, at its first me eting, determine the l evel, form and manner
of the payment, in line with commercial practice. The Governing Body may decide toestablish different levels of payment for various categories of recipients who
commercialize such products; it may also decide on the need to exempt from such
payments small farmers in developing countries and in countries with economies in
transition. The Governing Body may, from time to time, review the levels of payment
with a view to achieving fair and equitable sharing of benefits, and it may also assess,within a period of five years from the entry into force of this Treaty, whether the
mandatory payment requirement in the MTA shall apply also in cases where such
commercialized products are available without restriction to others for further
research and breeding ".
Article 13.3 provides that:
"benefits arising from the use of plant genetic resources for food and agriculture that
are shared under the Multilateral System  should flow primarily, directly and
indirectly, to farmers in all countries, especially in developing countries, and
countries with economies in transition, who conserve and sustainably utilize plant
genetic resources for food and agriculture".
These mandatory payments foreseen in Part IV of the Treaty form part of the Treaty's
funding strategy  — which is detailed in Article 18 — whereby the Governing Body periodically sets
a funding target, within which to mobilise funds from a wide variety of sources for agreed projects
                                                     
1  T h e  Global Plan of Action for the Conservation and Sustainable Utilization of Plant Genetic
Resources for Food and Agriculture  was adopted by 150 countries in 1996, at the FAO International Technical
Conference on Plant Genetic Resources for Food and Agriculture, in Leipzig, Germany. It is available on theinternet at ftp://ext-ftp.fao.org/waicent/pub/cgrfa8/GS/gpaE.pdf .
2  Article 19.3f provides that a function of the Treaty's Governing Body is to " establish, as needed, an
appropriate mechanism, such as a Trust Account, for r eceiving and utilizing financial resources that will accrue
to it for purposes of implementing this Treaty ".IP/C/W/347
Page 5
and programmes aimed particularly at farmers in all countries, especially in developing countries, and
countries with economies in transition, who conserve and sustainably utilise plant genetic resources
for food and agriculture.
The Treaty - in Article 15 - deals with ex situ collections of plant genetic resources for food
and agriculture  held by the International Agricultural Research Centres (IARCs) of the Consultative
Group on International Agricultural Research (CGIAR) and other international institutions. Article
15.1 recognizes the importance to the Treaty of the ex situ  collections of plant genetic resources for
food and agriculture held in trust by the IARCs of the CGIAR, and calls upon the IARCs to sign
agreements with the Governing Body with regard to such ex situ  collections. In doing so, the IARCs
undertake to make their plant genetic resources for food and agriculture of the crops listed in Annex I
of the Treaty available in accordance with the provisions of the Multilateral System. Their other plant
genetic resources for food and agriculture collected before the entry into force of the Treaty " shall be
made available in accordance with the provisions of the MTA currently in use pursuant to agreements
between the IARCs and the FAO.3 This MTA shall be amended by the Governing Body no later than
its second regular session, in consultation with the IARCs, in accordance with the relevant provisions
of this Treaty… ".  The IARCs will recognize the authority of the Governing Body to provide policy
guidance relating to ex situ  collections held by them and subject to the provisions of the Treaty.
Article 15.5 provides that " the Governing Body will also seek to establish agreements for the purposes
stated in this Article with other relevant international institutions ".
These provisions of the Treaty — which are very innovative — provide for facilitated access
to plant genetic resources for food and agriculture and an agreed way of benefit-sharing, without
deriving these benefits from individual negotiations, on a case by case basis, between the provider andthe user of these resources.  They provide for both access and benefit-sharing to be through
multilateral arrangements.  This avoids the high transaction costs that such bilateral contracts involve,
which are hard to justify in the context of plant breeding, which has for thousands of years been
characterised by repetitive exchange, crossing, selection and local adaptation of the intra-specific
genetic resources of crops, within and between countries and regions. This ensures that plant breeders,in both the public and private sectors, can have access to the widest possible range of the resources
crucial for world food security. This will benefit consumers, by providing a stream of improved and
varied agricultural products. And it will benefit the seed and biotechnology industries, by providing
an agreed international framework, within which to plan their investments. It also provides a firm
international framework for IARCs of the CGIAR and other international organizations, whereby they
hold plant genetic resources for food and agriculture in trust, under the Treaty.
The Treaty resolves, in the case of plant genetic resources for food and agriculture, the
request addressed to the FAO in Resolution 3 of the Nairobi Final Act of the Conference for the
adoption of the Agreed Text of the CBD, namely
"to seek solutions to outstanding matters concerning plant genetic resources …, in
particular: (a) access to ex situ collectio ns not acquired in accordance with this
Convention; and (b) the question of Farmers' Rights".
Relevant recent decisions of the Conference of  the Parties to the Convention on Biological
Diversity
The Conference of the Parties (COP) was regularly informed of the progress in the
negotiations that lead to the adoption of the International Treaty on Plant Genetic Resources for Foodand Agriculture and repeatedly expressed its support. The Treaty was presented to the COP in its
                                                     
3  These agreements are available on the internet at http://www.fao.org/ag/cgrfa/exsitu.htm . They were
signed in October 1994.IP/C/W/347
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Sixth Meeting in The Hague, in April 2002, and the COP on that occasion adopted Decision VI/6,
which is attached to this report, as Appendix II . The Decision congratulates the FAO and its
Commission on Genetic Resources for Food and Agriculture on successfully completing the
negotiations, and:
"Recognizes the important role that the International Treaty on Plant Genetic
Resources for Food and Agriculture will have, in harmony with the Convention on
Biological Diversity, for the conservation and sustainable utilization of this important
component of agricultural biological diversity, for facilitated access to plant genetic
resources for food and agriculture, and for the fair and equitable sharing of the
benefits arising out of their utilization;
"Appeals to Parties and other Governments to give priority consideration to the
signature and ratification of the International Treaty on Plant Genetic Resources forFood and Agriculture, so that it may enter expeditiously into force… "
Moreover, in adopting Decision VI/10, on Article 8(j) and related provisions, the COP requested:
"the Executive Secretary of the Convention to examine, in collaboration with the
Food and Agriculture Organization of the United Nations, the Implications of theInternational Treaty on Plant Genetic Resources for Food and Agriculture on the
issues under Article8(j) and related provisions".
By Decision VI/24, the COP adopted the Bonn Guidelines on Access to Genetic Resources
and Fair and Equitable Sharing of the Benefits aris ing out of their Utilization. In doing so, the COP
decided that the guidelines should be applied in a manner that is coherent and mutually supportive ofthe work of relevant international agreements and institutions, and, specifically, that:
"The guidelines are without prejudice to the access and benefit-sharing provisions of
the FAO International Treaty for Plant Genetic Resources for Food and Agriculture".
The FAO Commission on Genetic Resources for Food and Agriculture by its mandate covers
all components of biological diversity of releva nce to food and agriculture, and the COP of the CBD
has on a number of occasions expressed its support for the wide range of activities undertaken by
governments within the Commission, in particular the development, through country-driven
processes, of the rolling Global Plan of Action for the Conservation and Sustainable Utilization of
Plant Genetic Resources for Food and Agriculture , the report on  The State of the World's Plant
Genetic Resources ,
4 and the report on The State of the World's Animal Genetic Resources , which is
currently under preparation. Following the adoption of the Global Plan of Action , Decision III/11
welcomed
"the contribution that the Global Plan of Action for the Conservation and Sustainable
Utilization of Plant Genetic Resources … provides to the implementation of the
Convention on Biological Diversity in the field of plant genetic resources for food
and agriculture and encourages Parties actively to implement the Global Plan of
Action, in accordance with their national capacities, and endorses its priorities andpolicy recommendations".
At its last session, the COP, by Decision VI/5, welcomed the current process for the
preparation of the first Report on the State of World's Animal Genetic Resources , and
                                                     
4  For the Global Plan of Action , see footnote 2. The report on  The State of the World's Plant Genetic
Resources  is available on the internet at ftp://ext-ftp.fao.org/waicent/pub/cgrfa8/GS/SwpgrE.pdf .IP/C/W/347
Page 7
"Invites Parties, other Governments, the financial mechanism and funding
organizations to provide adequate and timely support to enable countries, especially
developing country Parties and Parties with economies in transition, and in
particular least developed countries and small island developing States, to
participate fully in the preparatory process for the first report on the State of World'sAnimal Genetic Resources, and implement follow-up actions identified through the
process that will contribute to conservation sustainable use, access and benefit-
sharing of animal genetic resources for food and agriculture".
Inter-governmental Committee on Intellectual Property and Genetic Resources, Traditional
Knowledge and Folklore of the World Intellectual Property Organization
Matters of relevance to the subjects under discussion by the TRIPS Council and to the work
of the FAO are also currently being discussed by Governments within the context of World
Intellectual Property Organization's (WIPO's) Inter-governmental Committee on Intellectual Property
and Genetic Resources, Traditional Knowledge and Folklore. FAO has accordingly cooperated
closely with WIPO, including by commenting on documentation for the Committee's meetings.
During the Second Session of the Committee, in December 2001, FAO provided information on thenewly adopted International Treaty on Plant Genetic Resources for Food and Agriculture
5 and on the
role of FAO's Commission on Genetic Resources for Food and Agriculture as Interim Committee for
the Treaty.6 The report of the Session records that countr ies recognized the importance of the Treaty,
and its Multilateral System of Access and Benefit-sharing, in the context of the discussions of
contractual agreements concerning access to genetic resources and benefit-sharing.
                                                     
5  Which was available to the Committee in document WIPO/GRTKF/IC/2/INF.2.
6  WIPO/GRTKF/IC/2/16, para. 15 and 86.IP/C/W/347
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Appendix 1 to the Report of FAO
INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES FOR FOOD AND
AGRICULTURE
PREAMBLE
The Contracting Parties,
Convinced  of the special nature of plant genetic resources for food and agriculture, their distinctive
features and problems needing distinctive solutions;
Alarmed  by the continuing erosion of these resources;
Cognizant  that plant genetic resources for food and agriculture are a common concern of all countries,
in that all countries depend very largely on plant genetic resources for food and agriculture that
originated elsewhere;
Acknowledging that the conservation, exploration, collection, characterization, evaluation
and documentation of plant genetic resources for food and agriculture are essential in meeting the
goals of the Rome Declaration on World Food Security and the World Food Summit Plan of Actionand for sustainable agricultural development for this and future generations, and that the capacity of
developing countries and countries with economies in transition to undertake such tasks needs
urgently to be reinforced;
Noting  that the Global Plan of Action for the Conservation and Sustainable Use of Plant Genetic
Resources for Food and Agriculture is an internationally agreed framework for such activities;
Acknowledging further  that plant genetic resources for food and agriculture are the raw material
indispensable for crop genetic improvement, whether by means of farmers' selection, classical plant
breeding or modern biotechnologies, and are essential in adapting to unpredictable environmental
changes and future human needs;
Affirming that the past, present and future contributions of farmers in all regions of the world,
particularly those in centres of origin and diversity, in conserving, improving and making available
these resources, is the basis of Farmers' Rights;
Affirming  also that the rights recognized in this Treaty to save, use, exchange and sell farm-saved seed
and other propagating material, and to participate in  decision-making regarding, and in the fair and
equitable sharing of the benefits arising from, the use of plant genetic resources for food and
agriculture, are fundamental to the realization of Fa rmers' Rights, as well as the promotion of Farmers'
Rights at national and international levels;
Recognizing  that this Treaty and other international agreements relevant to this Treaty should be
mutually supportive with a view to su stainable agriculture and food security;
Affirming   that nothing in this Treaty shall be interpreted as implying in any way a change in the rights
and obligations of the Contracting Parties under other international agreements;
Understanding  that the above recital is not intended to create a hierarchy between this Treaty and
other international agreements;IP/C/W/347
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Aware  that questions regarding the management of plant genetic resources for food and agriculture
are at the meeting point between agriculture, the environment and commerce, and convinced that
there should be synergy among these sectors;
Aware  of their responsibility to past and future generations to conserve the World's diversity of plant
genetic resources for food and agriculture;
Recognizing  that, in the exercise of their sovereign rights over their plant genetic resources for food
and agriculture, states may mutually benefit from the creation of an effective multilateral system for
facilitated access to a negotiated selection of these resources and for the fair and equitable sharing of
the benefits arising from their use; and
Desiring  to conclude an international agreement wi thin the framework of the Food and Agriculture
Organization of the United Nations, hereinafter referred to as FAO, under Article XIV of the FAO
Constitution;
Have agreed as follows:
PART I – INTRODUCTION
Article 1 – Objectives
1.1 The objectives of this Treaty are the conservation and sustainable use of plant genetic
resources for food and agriculture and the fair and equitable sharing of the benefits arising out of theiruse, in harmony with the Convention on Biological Diversity, for sustainable agriculture and food
security.
1.2 These objectives will be attained by closely linking this Treaty to the Food and Agriculture
Organization of the United Nations and to the Convention on Biological Diversity.
Article 2 – Use of terms
For the purpose of this Treaty, the following terms shall have the meanings hereunder assigned to
them. These definitions are not intended to cover trade in  commodities:
"In situ  conservation" means the conservation of ecosystems and natural habitats and the maintenance
and recovery of viable populations of species in their natural surroundings and, in the case ofdomesticated or cultivated plant species, in the surroundings where they have developed their
distinctive properties.
"Ex situ conservation" means the conservation of plant genetic resources for food and agriculture
outside their natural habitat.
"Plant genetic resources for food and agriculture" means any genetic material of plant origin of actual
or potential value for food and agriculture.
"Genetic material" means any material of plant origin, including reproductive and vegetative
propagating material, containing functional units of heredity.
"Variety" means a plant grouping, within a single botanical taxon of the lowest known rank, defined
by the reproducible expression of its distinguishing and other genetic characteristics.IP/C/W/347
Page 10
"Ex situ collection" means a collection of plant genetic resources for food and agriculture maintained
outside their natural habitat.
"Centre of origin" means a geographical area where a plant species, either domesticated or wild, first
developed its distinctive properties.
"Centre of crop diversity" means a geographic area containing a high level of genetic diversity for
crop species in in situ  conditions.
Article 3 – Scope
This Treaty relates to plant genetic resources for food and agriculture.
PART II - GENERAL PROVISIONS
Article 4 - General Obligations
Each Contracting Party shall ensure the conformity of its laws, regulations and procedures
with its obligations as provided in this Treaty.
Article 5 – Conservation, Exploration, Collection, Characterization, Evaluation
and Documentation of Plant Genetic Resources for Food and Agriculture
5.1 Each Contracting Party shall, subject to national legislation, and in cooperation with other
Contracting Parties where appropriate, promote an integrated approach to the exploration,
conservation and sustainable use of plant genetic resources for food and agriculture and shall in
particular, as appropriate:
(a) Survey and inventory plant genetic resources for food and agriculture, taking into account the
status and degree of variation in existing populations, including those that are of potential use
and, as feasible, assess any threats to them;
(b) Promote the collection of plant genetic resources for food and agriculture and relevant
associated information on those plant genetic resources that are under threat or are of potential
use;
(c) Promote or support, as appropriate, farmers and local communities' efforts to manage and
conserve on-farm their plant genetic resources for food and agriculture;
(d) Promote in situ conservation of wild crop relatives and wild plants for food production,
including in protected areas, by supporting, inter alia , the efforts of indigenous and local
communities;
(e) Cooperate to promote the development of an efficient and sustainable system of ex situ
conservation, giving due attention to the need for adequate documentation, characterization,regeneration and evaluation, and promote the development and transfer of appropriate
technologies for this purpose with a view to improving the sustainable use of plant genetic
resources for food and agriculture;
(f) Monitor the maintenance of the viability, degree of variation, and the genetic integrity of
collections of plant genetic resources for food and agriculture.IP/C/W/347
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5.2 The Contracting Parties shall, as appropriate, take steps to minimize or, if possible, eliminate
threats to plant genetic resources for food and agriculture.
Article 6 – Sustainable Use of Plant Genetic Resources
6.1 The Contracting Parties shall develop and maintain appropriate policy and legal measures that
promote the sustainable use of plant genetic resources for food and agriculture.
6.2 The sustainable use of plant genetic resources for food and agriculture may include such
measures as:
(a) pursuing fair agricultural policies that promote, as appropriate, the development and
maintenance of diverse farming systems that enhance the sustainable use of agricultural
biological diversity and other natural resources;
(b) strengthening research which enhances and conserves biological diversity by maximizing
intra- and inter-specific variation for the benefit of farmers, especially those who generate anduse their own varieties and apply ecological principles in maintaining soil fertility and in
combating diseases, weeds and pests;
(c) promoting, as appropriate, plant breeding efforts which, with the participation of farmers,
particularly in developing countries, strengthen the capacity to develop varieties particularly
adapted to social, economic and ecological conditions, including in marginal areas;
(d) broadening the genetic base of crops and increasing the range of genetic diversity available to
farmers;
(e) promoting, as appropriate, the expanded use of local and locally adapted crops, varieties and
underutilized species;
(f) supporting, as appropriate, the wider use of diversity of varieties and species in on-farm
management, conservation and sustainable use of crops and creating strong links to plant
breeding and agricultural development in order to reduce crop vulnerability and genetic
erosion, and promote increased world food production compatible with sustainable
development; and
(g) reviewing, and, as appropriate, adjusting breeding strategies and regulations concerning
variety release and seed distribution.
Article 7 – National Commitments and International Cooperation
7.1 Each Contracting Party shall, as appropriate, integrate into its agriculture and rural
development policies and programmes, activities referred to in Articles 5 and 6, and cooperate with
other Contracting Parties, directly or through FAO and other relevant international organizations, in
the conservation and sustainable use of plant genetic resources for food and agriculture.
7.2 International cooperation shall, in particular, be directed to:(a) establishing or strengthening the capabilities of developing countries and countries with
economies in transition with respect to conservation and sustainable use of plant genetic
resources for food and agriculture;IP/C/W/347
Page 12
(b) enhancing international activities to promote conservation, evaluation, documentation, genetic
enhancement, plant breeding, seed multiplication; and sharing, providing access to, and
exchanging, in conformity with Part IV, plant genetic resources for food and agriculture and
appropriate information and technology;
(c) maintaining and strengthening the institutional arrangements provided for in Part V; and(d) implement the funding strategy of Article 18.
Article 8 – Technical Assistance
The Contracting Parties agree to promote the provision of technical assistance to Contracting
Parties, especially those that are developing countries or countries with economies in transition, either
bilaterally or through the appropriate international organizations, with the objective of facilitating the
implementation of this Treaty.
PART III - FARMERS' RIGHTS
Article 9 – Farmers' Rights
9.1 The Contracting Parties recognize the enormous contribution that the local and indigenous
communities and farmers of all regions of the world, particularly those in the centres of origin and
crop diversity, have made and will continue to make for the conservation and development of plantgenetic resources which constitute the basis of food and agriculture production throughout the world.
9.2 The Contracting Parties agree that the responsibility for realizing Farmers' Rights, as they
relate to plant genetic resources for food and agriculture, rests with national governments. In
accordance with their needs and priorities, each Contracting Party should, as appropriate, and subject
to its national legislation, take measures to protect and promote Farmers' Rights, including:
(a) protection of traditional knowledge relevant to plant genetic resources for food and
agriculture;
(b) the right to equitably participate in sharing benefits arising from the utilization of plant
genetic resources for food and agriculture; and
(c) the right to participate in making decisions, at the national level, on matters related to the
conservation and sustainable use of plant genetic resources for food and agriculture.
9.3 Nothing in this Article shall be interpreted to limit any rights that farmers have to save, use,
exchange and sell farm-saved seed/propagating material, subject to national law and as appropriate.IP/C/W/347
Page 13
PART IV - THE MULTILATERAL SYSTEM OF ACCESS AND BENEFIT-SHARING
Article 10 – Multilateral System of Access and Benefit-sharing
10.1 In their relationships with other States, the Contracting Parties recognize the sovereign rights
of States over their own plant genetic resources for food and agriculture, including that the authorityto determine access to those resources rests with national governments and is subject to national
legislation.
10.2 In the exercise of their sovereign rights, the Contracting Parties agree to establish a
multilateral system, which is efficient, effective, a nd transparent, both to facilitate access to plant
genetic resources for food and agriculture, and to share, in a fair and equitable way, the benefits
arising from the utilization of these resources, on a complementary and mutually reinforcing basis.
Article 11 – Coverage of the Multilateral System
11.1 In furtherance of the objectives of conservati on and sustainable use of plant genetic resources
for food and agriculture and the fair and equitable sharing of benefits arising out of their use, as stated
in Article 1, the Multilateral System shall cover the plant genetic resources for food and agriculture
listed in Annex I, established according to criteria of food security and interdependence.
11.2 The Multilateral System, as identified in Article 11.1, shall include all plant genetic resources
for food and agriculture listed in Annex I that are under the management and control of the
Contracting Parties and in the public domain. With a view to achieving the fullest possible coverage
of the Multilateral System, the Contracting Parties invite all other holders of the plant genetic
resources for food and agriculture listed in Annex I to include these plant genetic resources for foodand agriculture in the Multilateral System.
11.3 Contracting Parties also agree to take appropriate measures to encourage natural and legal
persons within their jurisdiction who hold plant genetic resources for food and agriculture listed in
Annex I to include such plant genetic resources for food and agriculture in the Multilateral System.
11.4 Within two years of the entry into force of the Treaty, the Governing Body shall assess the
progress in including the plant genetic resources for food and agriculture referred to in paragraph 11.3
in the Multilateral System. Following this assessment, the Governing Body shall decide whether
access shall continue to be facilitated to those natural and legal persons referred to in paragraph 11.3
that have not included these plant genetic resources for food and agriculture in the Multilateral
System, or take such other measures as it deems appropriate.
11.5 The Multilateral System shall also include the plant genetic resources for food and agriculture
listed in Annex I and held in the ex situ  collections of the International Agricultural Research Centres
of the Consultative Group on International Agricult ural Research (CGIAR), as provided in Article
15.1a, and in other international institutions, in accordance with Article 15.5.
Article 12 – Facilitated access to plant genetic resources for food and
agriculture within the Multilateral System
12.1 The Contracting Parties agree that facilitated access to plant genetic resources for food and
agriculture under the Multilateral System, as defined in Article 11, shall be in accordance with the
provisions of this Treaty.IP/C/W/347
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12.2 The Contracting Parties agree to take the necessary legal or other appropriate measures to
provide such access to other Contracting Parties through the Multilateral System.  To this effect, such
access shall also be provided to legal and natural persons under the jurisdiction of any Contracting
Party, subject to the provisions of Article 11.4.
12.3 Such access shall be provided in accordance with the conditions below:(a) Access shall be provided solely for the purpose of utilization and conservation for  research,
breeding and training for food and agriculture, provided that such purpose does not include
chemical, pharmaceutical and/or other non-food/feed industrial uses.  In the case of multiple-
use crops (food and non-food), their importance for food security should be the determinant
for their inclusion in the Multilateral System and availability for facilitated access.
(b) Access shall be accorded expeditiously, without the need to track individual accessions and
free of charge, or, when a fee is charged, it shall not exceed the minimal cost involved;
(c) All available passport data and, subject to applicable law, any other associated available non-
confidential descriptive information, shall be made available with the plant genetic resources
for food and agriculture provided;
(d) Recipients shall not claim any intellectual property or other rights that limit the facilitated
access to the plant genetic resources for food and agriculture, or their genetic parts orcomponents, in the form received from the Multilateral System;
(e) Access to plant genetic resources for food and agriculture under development, including
material being developed by farmers, shall be at the discretion of its developer, during the
period of its development;
(f) Access to plant genetic resources for food and agriculture protected by intellectual and other
property rights shall be consistent with relevant international agreements, and with relevant
national laws;
(g) Plant genetic resources for food and agriculture accessed under the Multilateral System and
conserved shall continue to be made available to the Multilateral System by the recipients of
those plant genetic resources for food and agriculture, under the terms of this Treaty; and
(h) Without prejudice to the other provisions under this Article, the Contracting Parties agree that
access to plant genetic resources for food and agriculture found in in situ  conditions will be
provided according to national legislation or, in the absence of such legislation, in accordance
with such standards as may be set by the Governing Body.
12.4 To this effect, facilitated access, in accordance with Articles 12.2 and 12.3 above, shall be
provided pursuant to a standard material transfer agreement (MTA), which shall be adopted by the
Governing Body and contain the provisions of Articles 12.3a, d and g, as well as the benefit-sharingprovisions set forth in Article 13.2d(ii) and other relevant provisions of this Treaty, and the provision
that the recipient of the plant genetic resources for food and agriculture shall require that the
conditions of the MTA shall apply to the transfer of plant genetic resources for food and agriculture to
another person or entity, as well as to any subsequent transfers of those plant genetic resources for
food and agriculture.
12.5 Contracting Parties shall ensure that an opportunity to seek recourse is available, consistent
with applicable jurisdictional requirements, under th eir legal systems, in case of contractual disputesIP/C/W/347
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arising under such MTAs, recognizing that obligati ons arising under such MTAs rest exclusively with
the parties to those MTAs.
12.6 In emergency disaster situations, the Contracting Parties agree to provide facilitated access to
appropriate plant genetic resources for food and agriculture in the Multilateral System for the purpose
of contributing to the re-establishment of agricultural systems, in cooperation with disaster relief co-ordinators.
Article 13 - Benefit-sharing in the Multilateral System
13.1 The Contracting Parties recognize that facilitated access to plant genetic resources for food
and agriculture which are included in the Multilateral System constitutes itself a major benefit of the
Multilateral System and agree that benefits accruing therefrom shall be shared fairly and equitably in
accordance with the provisions of this Article.
13.2 The Contracting Parties agree that benefits arising from the use, including commercial, of
plant genetic resources for food and agriculture under the Multilateral System shall be shared fairly
and equitably through the following mechanisms: the exchange of information, access to and transfer
of technology, capacity-building, and the sharing of the benefits arising from commercialization,taking into account the priority activity areas in the rolling Global Plan of Action, under the guidance
of the Governing Body:
(a) Exchange of information:
The Contracting Parties agree to make available information which shall, inter alia ,
encompass catalogues and inventories, information on technologies, results of technical,scientific and socio-economic research, including characterization, evaluation and utilization,
regarding those plant genetic resources for food and agriculture under the Multilateral System.
Such information shall be made available, where non-confidential, subject to applicable law
and in accordance with national capabilities. Such information shall be made available to all
Contracting Parties to this Treaty through the information system, provided for in Article 17.
(b) Access to and transfer of technology
(i) The Contracting Parties undertake to provide and/or facilitate access to technologies
for the conservation, characterization, evaluation and use of plant genetic resources
for food and agriculture which are under the Multilateral System. Recognizing that
some technologies can only be transferred through genetic material, the Contracting
Parties shall provide and/or facilitate access to such technologies and genetic material
which is under the Multilateral System and to improved varieties and genetic materialdeveloped through the use of plant genetic resources for food and agriculture under
the Multilateral System, in conformity with the provisions of Article 12. Access to
these technologies, improved varieties and genetic material shall be provided and/or
facilitated, while respecting applicable property rights and access laws, and in
accordance with national capabilities.
(ii) Access to and transfer of technology to countries, especially to developing countries
and countries with economies in transition, shall be carried out through a set of
measures, such as the establishment and maintenance of, and participation in, crop-
based thematic groups on utilization of plant genetic resources for food and
agriculture, all types of partnership in research and development and in commercialjoint ventures relating to the material received, human resource development, and
effective access to research facilities.IP/C/W/347
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(iii) Access to and transfer of technology as referred to in (i) and (ii) above, including that
protected by intellectual property rights, to developing countries that are Contracting
Parties, in particular least developed countries, and countries with economies in
transition, shall be provided and/or facilitated under fair and most favourable terms, in
particular in the case of technologies for use in conservation as well as technologiesfor the benefit of farmers in developing countries, especially in least developed
countries, and countries with economies in transition, including on concessional and
preferential terms where mutually agreed, inter alia , through partnerships in research
and development under the Multilateral System. Such access and transfer shall be
provided on terms which recognize and are consistent with the adequate and effective
protection of intellectual property rights.
(c) Capacity-building
Taking into account the needs of developing countries and countries with economies in
transition, as expressed through the priority they accord to building capacity in plant genetic
resources for food and agriculture in their plans and programmes, when in place, in respect of
those plant genetic resources for food and agriculture covered by the Multilateral System, the
Contracting Parties agree to give priority to (i) establishing and/or strengthening programmesfor scientific and technical education and traini ng in conservation and sustainable use of plant
genetic resources for food and agriculture, (ii) developing and strengthening facilities for
conservation and sustainable use of plant genetic resources for food and agriculture, in
particular in developing countries, and countries with economies in transition, and (iii)
carrying out scientific research preferably, and where possible, in developing countries andcountries with economies in transition, in cooperation with institutions of such countries, and
developing capacity for such research in fields where they are needed.
(d) Sharing of monetary and other benefits of commercialization
(i) The Contracting Parties agree, under the Multilateral System, to take measures in
order to achieve commercial benefit-sharing, through the involvement of the privateand public sectors in activities identified under this Article, through partnerships and
collaboration, including with the private sector in developing countries and countries
with economies in transition, in research and technology development;
(ii) The Contracting Parties agree that the standard Material Transfer Agreement referred
to in Article 12.4 shall include a requirement that a recipient who commercializes a
product that is a plant genetic resource for food and agriculture and that incorporates
material accessed from the Multilateral System, shall pay to the mechanism referredto in Article 19.3f, an equitable share of the benefits arising from the
commercialization of that product, except  whenever such a product is available
without restriction to others for further research and breeding, in which case the
recipient who commercializes shall be encouraged to make such payment.
The Governing Body shall, at its first mee ting, determine the level, form and manner
of the payment, in line with commercial practice. The Governing Body may decide to
establish different levels of payment for various categories of recipients who
commercialize such products; it may also decide on the need to exempt from such
payments small farmers in developing countries and in countries with economies in
transition. The Governing Body may, from tim e to time, review the levels of payment
with a view to achieving fair and equitabl e sharing of benefits, and it may also assess,
within a period of five years from the entry into force of this Treaty, whether the
mandatory payment requirement in the MTA shall apply also in cases where suchIP/C/W/347
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commercialized products are available without restriction to others for further
research and breeding.
13.3 The Contracting Parties agree that benefits arising from the use of plant genetic resources for
food and agriculture that are shared under the Multilateral System should flow primarily, directly andindirectly, to farmers in all countries, especially in developing countries, and countries with
economies in transition, who conserve and sustainably utilize plant genetic resources for food and
agriculture.
13.4 The Governing Body shall, at its first meetin g, consider relevant policy and criteria for
specific assistance under the agreed funding strategy established under Article 18 for the conservation
of plant genetic resources for food and agriculture in developing countries, and countries witheconomies in transition whose contribution to the di versity of plant genetic resources for food and
agriculture in the Multilateral System is significant and/or which have special needs.
13.5 The Contracting Parties recognize that the ability to fully implement the Global Plan of
Action, in particular of developing countries and countries with economies in transition, will dependlargely upon the effective implementation of this Article and of the funding strategy as provided in
Article 18.
13.6 The Contracting Parties shall consider modalities of a strategy of voluntary benefit-sharing
contributions whereby Food Processing Industries that benefit  from plant genetic resources for food
and agriculture shall contribute to the Multilateral System.
PART V - SUPPORTING COMPONENTS
Article 14 – Global Plan of Action
Recognizing that the rolling Global Plan of Action for the Conservation and Sustainable Use
of Plant Genetic Resources for Food and Agriculture is important to this Treaty, Contracting Parties
should promote its effective implementation, including through national actions and, as appropriate,
international cooperation to provide a coherent framework, inter alia,  for capacity-building,
technology transfer and exchange of information, taking into account the provisions of Article 13.
Article 15 - Ex Situ Collections of Plant Genetic Resources for Food and Agriculture held by
the International Agricultural Research Centre s of the Consultative Group on International
Agricultural Research and other International Institutions
15.1 The Contracting Parties recognize the importance to this Treaty of the ex situ collections of
plant genetic resources for food and agriculture held in trust by the International Agricultural
Research Centres (IARCs) of the Consultative Group on International Agricultural Research
(CGIAR). The Contracting Parties call upon the IARCs  to sign agreements with the Governing Body
with regard to such ex situ  collections, in accordance with the following terms and conditions:
(a) Plant genetic resources for food and agriculture listed in Annex I of this Treaty and held by
the IARCs shall be made available in accordance with the provisions set out in Part IV of this
Treaty.
(b) Plant genetic resources for food and agriculture other than those listed in Annex I of this
Treaty and collected before its entry into force that are held by IARCs shall be made available
in accordance with the provisions of the MTA currently in use pursuant to agreements
between the IARCs and the FAO. This MTA shall be amended by the Governing Body no
later than its second regular session, in consul tation with the IARCs, in accordance with theIP/C/W/347
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relevant provisions of this Treaty, especially Articles 12 and 13, and under the following
conditions:
(i) The IARCs shall periodically inform th e Governing Body about the MTAs entered
into, according to a schedule to be established by the Governing Body;
(ii) The Contracting Parties in whose territory the plant genetic resources for food and
agriculture were collected from in situ  conditions shall be provided with samples of
such plant genetic resources for food and agriculture on demand, without any MTA;
(iii) Benefits arising under the above MTA that accrue to the mechanism mentioned in
Article 19.3f shall be applied, in particular, to the conservation and sustainable use of
the plant genetic resources for food and agriculture in question, particularly in
national and regional programmes in developing countries and countries with
economies in transition, especially in centres of diversity and the least developedcountries; and
(iv) The IARCs shall take appropriate measures, in accordance with their capacity, to
maintain effective compliance with the c onditions of the MTAs, and shall promptly
inform the Governing Body of cases of non-compliance.
(c) IARCs recognize the authority of the Govern ing Body to provide policy guidance relating to
ex situ  collections held by them and subject to the provisions of this Treaty.
(d) The scientific and technical facilities in which such ex situ  collections are conserved shall
remain under the authority of the IARCs, which undertake to manage and administer these ex
situ collections in accordance with internationally accepted standards, in particular the
Genebank Standards as endorsed by the F AO Commission on Genetic Resources for Food
and Agriculture.
(e) Upon request by an IARC, the Secretary shall endeavour to provide appropriate technical
support.
(f) The Secretary shall have, at any time, right of access to the facilities, as well as right to
inspect all activities performed therein directly related to the conservation and exchange of
the material covered by this Article.
(g) If the orderly maintenance of these ex situ  collections held by IARCs is impeded or threatened
by whatever event, including force majeure, the Secretary, with the approval of the host
country, shall assist in its evacuation or transfer, to the extent possible.
15.2 The Contracting Parties agree to provide facilitated access to plant genetic resources for food
and agriculture in Annex I under the Multilateral System to IARCs of the CGIAR that have signed
agreements with the Governing Body in accordance with this Treaty. Such Centres shall be includedin a list held by the Secretary to be made available to the Contracting Parties on request.
15.3 The material other than that listed in Annex I, which is received and conserved by IARCs
after the coming into force of this Treaty, shall be  available for access on terms consistent with those
mutually agreed between the IARCs that receive the material and the country of origin of such
resources or the country that has acquired those resources in accordance with the Convention onBiological Diversity or other applicable law.IP/C/W/347
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15.4 The Contracting Parties are encouraged to provide IARCs that have signed agreements with
the Governing Body with access, on mutually agreed  terms, to plant genetic resources for food and
agriculture not listed in Annex I that are important to the programmes and activities of the IARCs.
15.5 The Governing Body will also seek to establish agreements for the purposes stated in this
Article with other relevant international institutions.
Article 16 – International Plant Genetic Resources Networks
16.1 Existing c ooperation in international plant genetic resources for food and agriculture networks
will be encouraged or developed on the basis of existing arrangements and consistent with the terms of
this Treaty, so as to achieve as complete coverage as possible of plant genetic resources for food and
agriculture.
16.2 The Contracting Parties will encourage, as appropriate, all relevant institutions, including
governmental, private, non-governmental, research, breeding and other institutions, to participate inthe international networks.
Article 17 – The Global Information System on
Plant Genetic Resources for Food and Agriculture
17.1 The Contracting Parties shall cooperate to de velop and strengthen a global information system
to facilitate the exchange of information, based on existing information systems, on scientific, technical
and environmental matters related to plant genetic  resources for food and agriculture, with the
expectation that such exchange of information will contribute to the sharing of benefits by making
information on plant genetic resources for food and ag riculture available to all Contracting Parties. In
developing the Global Information System, coope ration will be sought with the Clearing House
Mechanism of the Convention on Biological Diversity.
17.2 Based on notification by the Contracting Parties, early warning should be provided about
hazards that threaten the efficient maintenance of plant genetic resources for food and agriculture,
with a view to safeguarding the material.
17.3 The Contracting Parties shall cooperate with the Commission on Genetic Resources for Food
and Agriculture of the FAO in its periodic reassessment of the state of the world's plant genetic
resources for food and agriculture in order to facilitate the updating of the rolling Global Plan of
Action referred to in Article 14.
PART VI - FINANCIAL PROVISIONS
Article 18 – Financial Resources
18.1 The Contracting Parties undertake to implement a funding strategy for the implementation of
this Treaty in accordance with the provisions of this Article.
18.2 The objectives of the funding strategy shall be to enhance the availability, transparency,
efficiency and effectiveness of the provision of financial resources to implement activities under this
Treaty.
18.3 In order to mobilize funding for priority activities, plans and programmes, in particular in
developing countries and countries with economies in transition, and taking the Global Plan of Action
into account, the Governing Body shall periodi cally establish a target for such funding.IP/C/W/347
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18.4 Pursuant to this funding strategy:
(a) The Contracting Parties shall take the necessary and appropriate measures within the
Governing Bodies of relevant international mechanisms, funds and bodies to ensure due
priority and attention to the effective allocation of predictable and agreed resources for the
implementation of plans and programmes under this Treaty.
(b) The extent to which Contracting Parties that are developing countries and Contracting Parties
with economies in transition will effectively implement their commitments under this Treaty
will depend on the effective allocation, particularly by the developed country Parties, of the
resources referred to in this Article. Contra cting Parties that are developing countries and
Contracting Parties with economies in transition will accord due priority in their own plans
and programmes to building capacity in plant genetic resources for food and agriculture.
(c) The Contracting Parties that are developed countries also provide, and Contracting Parties that
are developing countries and Contracting Parties with economies in transition avail
themselves of, financial resources for the implem entation of this Treaty through bilateral and
regional and multilateral channels. Such channels shall include the mechanism referred to in
Article 19.3f.
(d) Each Contracting Party agrees to undertake, and provide financial resources for national
activities for the conservation and sustainable use of plant genetic resources for food and
agriculture in accordance with its national capabilities and financial resources . The financial
resources provided shall not be used to ends inconsistent with this Treaty, in particular in
areas related to international trade in commodities. ;
(e) The Contracting Parties agree that the financial benefits arising from Article 13.2d are part of
the funding strategy.
(f) Voluntary contributions may also be provided by Contracting Parties, the private sector,
taking into account the provisions of Article 13, non-governmental organisations and other
sources. The Contracting Parties agree that the Governing Body shall consider modalities of a
strategy to promote such contributions;
18.5 The Contracting Parties agree that priority will be given to the implementation of agreed
plans and programmes for farmers in developing countries, especially in least developed countries,
and in countries with economies in transition, who conserve and sustainably utilize plant genetic
resources for food and agriculture.
PART VII - INSTITUTIONAL PROVISIONS
Article 19 – Governing Body
19.1 A Governing Body for this Treaty is hereby established, composed of all Contracting Parties.
19.2 All decisions of the Governing Body shall be taken by consensus unless by consensus another
method of arriving at a decision on certain measures is reached, except that consensus shall always be
required in relation to Articles 23 and 24.
19.3 The functions of the Governing Body shall be to promote the full implementation of this Treaty,
keeping in view its objectives, and, in particular, to:IP/C/W/347
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(a) provide policy direction and guidance to monitor, and adopt such recommendations as necessary
for the implementation of this Treaty and, in particular, for the operation of the Multilateral
System;
(b) adopt plans and programmes for the implementation of this Treaty;
(c) adopt, at its first session, and periodically review the funding strategy for the implementation of
this Treaty, in accordance with the provisions of Article 18;
(d) adopt the budget of this Treaty;
(e) consider and establish subject to the availability of necessary funds such subsidiary bodies as
may be necessary, and their respective mandates and composition;
(f) establish, as needed, an appropriate mechanism, such as a Trust Account, for receiving and
utilizing financial resources that will accrue to it for purposes of implementing this Treaty;
(g) establish and maintain cooperation with other relevant international organizations and treaty
bodies, including in particular the Conference of the Parties to the Convention on Biological
Diversity, on matters covered by this Treaty, including their participation in the funding
strategy;
(h) consider and adopt, as required, amendments to this Treaty, in accordance with the provisions of
Article 23;
(i) consider and adopt, as required, amendments to annexes to this Treaty, in accordance with the
provisions of Article 24;
(j) consider modalities of a strategy to encourage voluntary contributions, in particular, with
reference to Articles 13 and 18;
(k) perform such other functions as may be necessary for the fulfilment of the objectives of this
Treaty;
(l) take note of relevant decisions of the Conference of the Parties to the Convention on Biological
Diversity and other relevant international organizations and treaty bodies;
(m) inform, as appropriate, the Conference of the Parties to the Convention on Biological Diversity
and other relevant international organizations and treaty bodies of matters regarding theimplementation of this Treaty; and
(n) approve the terms of agreements with the IARCs and other international institutions under
Article 15, and review and amend the MTA in Article 15.
19.4 Subject to Article 19.6, each Contracting Party shall have one vote and may be represented at
sessions of the Governing Body by a single delegate who may be accompanied by an alternate, and by
experts and advisers. Alternates, experts and advisers may take part in the proceedings of the
Governing Body but may not vote, except in the case of their being duly authorized to substitute forthe delegate.
19.5 The United Nations, its specialized agencies and the International Atomic Energy Agency, as
well as any State not a Contracting Party to this Treaty, may be represented as observers at sessions of
the Governing Body. Any other body or agency, whether governmental or non-governmental,IP/C/W/347
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qualified in fields relating to conservation and sustainable use of plant genetic resources for food and
agriculture, which has informed the Secretary of its wish to be represented as an observer at a session
of the Governing Body, may be admitted unless at least one third of the Contracting Parties present
object. The admission and participation of observers shall be subject to the Rules of Procedure
adopted by the Governing Body.
19.6 A Member Organization of FAO that is a Contracting Party and the member states of that
Member Organization that are Contracting Parties shall exercise their membership rights and fulfil their
membership obligations in accordance, mutatis mutandis , with the Constitution and General Rules of
FAO.
19.7 The Governing Body shall adopt and amend, as required, its own Rules of Procedure and
financial rules which shall not be inconsistent with this Treaty.
19.8 The presence of delegates representing a majority of the Contracting Parties shall be necessary to
constitute a quorum at any session of the Governing Body.
19.9 The Governing Body shall hold regular sessions at least once every two years. These sessions
should, as far as possible, be held back-to-back with the regular sessions of the Commission on Genetic
Resources for Food and Agriculture.
19.10 Special Sessions of the Governing Body shall be held at such other times as may be deemed
necessary by the Governing Body, or at the written request of any Contracting Party, provided that
this request is supported by at least one third of the Contracting Parties.
19.11 The Governing Body shall elect its Chairperson and Vice-Chairpersons (collectively referred to
as "the Bureau"), in conformity with its Rules of Procedure.
Article 20 – Secretary
20.1 The Secretary of the Governing Body shall be appointed by the Director-General of FAO, with
the approval of the Governing Body. The Secretary shall be assisted by such staff as may be required.
20.2 The Secretary shall perform the following functions:
(a) arrange for and provide administrative support for sessions of the Governing Body and for any
subsidiary bodies as may be established;
(b) assist the Governing Body in carrying out its functions, including the performance of specific
tasks that the Governing Body may decide to assign to it;
(c) report on its activities to the Governing Body.
20.3 The Secretary shall communicate to all Contracting Parties and to the Director-General:
(a) decisions of the Governing Body within sixty days of adoption;
(b) information received from Contracting Parties in accordance with the provisions of this Treaty.
20.4 The Secretary shall provide documentation in the six languages of the United Nations for
sessions of the Governing Body.
20.5 The Secretary shall cooperate with other organizations and treaty bodies, including in particular
the Secretariat of the Convention on Biological Diversity, in achieving the objectives of this Treaty.IP/C/W/347
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Article 21 – Compliance
The Governing Body shall, at its first meeting, consider and approve cooperative and
effective procedures and operational mechanisms to promote compliance with the provisions of this
Treaty and to address issues of non-compliance. These procedures and mechanisms shall include
monitoring, and offering advice or assistance, including legal advice or legal assistance, when needed,in particular to developing countries and countries with economies in transition.
Article 22 – Settlement of Disputes
22.1 In the event of a dispute between Contracting Parties concerning the interpretation or
application of this Treaty, the parties concerned shall seek solutions by negotiation.
22.2 If the parties concerned cannot reach agreement by negotiation, they may jointly seek the good
offices of, or request mediation by, a third party.
22.3 When ratifying, accepting, approving or acceding to this Treaty, or at any time thereafter, a
Contracting Party may declare in writing to the Depositary that for a dispute not resolved in
accordance with Article 22.1 or Article 22.2 above, it accepts one or both of the following means of
dispute settlement as compulsory:
(a) Arbitration in accordance with the procedure laid down in Part 1 of Annex II to this Treaty;(b) Submission of the dispute to the International Court of Justice.
22.4 If the parties to the dispute have not, in accordance with Article 22.3 above, accepted the
same or any procedure, the dispute shall be submitted to conciliation in accordance with Part 2 of
Annex II to this Treaty unless the parties otherwise agree.
Article 23 – Amendments of the Treaty
23.1 Amendments to this Treaty may be proposed by any Contracting Party.
23.2 Amendments to this Treaty shall be adopted at a session of the Governing Body. The text of any
proposed amendment shall be communicated to Contracting Parties by the Secretary at least six months
before the session at which it is proposed for adoption.
23.3 All amendments to this Treaty shall only be  made by consensus of the Contracting Parties
present at the session of the Governing Body.
23.4 Any amendment adopted by the Governing Body shall come into force among Contracting
Parties having ratified, accepted or approved it on the ninetieth day after the deposit of instruments of
ratification, acceptance or approval by two-thirds of the Contracting Parties. Thereafter the amendment
shall enter into force for any other Contracting Party on the ninetieth day after that Contracting Party
deposits its instrument of ratification, acceptance or approval of the amendment.
23.5 For the purpose of this Article, an instrument deposited by a Member Organization of FAO shall
not be counted as additional to those deposited by member states of such an organization.IP/C/W/347
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Article 24 – Annexes
24.1 The annexes to this Treaty shall form an integral part of this Treaty and a reference to this
Treaty shall constitute at the same time a reference to any annexes thereto.
24.2 The provisions of Article 23 regarding amendments to this Treaty shall apply to the
amendment of annexes.
Article 25 – Signature
This Treaty shall be open for signature at the FAO from 3 November 2001 to 4 November
2002 by all Members of FAO and any States that are not Members of FAO but are Members of the
United Nations, or any of its specialized agencies or of the International Atomic Energy Agency.
Article 26 – Ratification, Acceptance or Approval
This Treaty shall be subject to ratification, acceptance or approval by the Members and non-
Members of FAO referred to in Article 25. Instruments of ratification, acceptance, or approval shall
be deposited with the Depositary.
Article 27 – Accession
This Treaty shall be open for accession by all Members of FAO and any States that are not
Members of FAO but are Members of the United Nations, or any of its specialized agencies or of the
International Atomic Energy Agency from the date on which the Treaty is closed for signature.Instruments of accession shall be deposited with the Depositary.
Article 28 – Entry into force
28.1 Subject to the provisions of Article 29.2, this Treaty shall enter into force on the ninetieth day
after the deposit of the fortieth instrument of ratification, acceptance, approval or accession, providedthat at least twenty instruments of ratification, acceptance, approval or accession have been deposited
by Members of FAO.
28.2 For each Member of FAO and any State that is  not a Member of FAO but is a Member of the
United Nations, or any of its specialized agencies or of the International Atomic Energy Agency that
ratifies, accepts, approves or accedes to this Treaty after the deposit, in accordance with Article 28.1,
of the fortieth instrument of ratification, acceptance, approval or accession, the Treaty shall enter into
force on the ninetieth day following the deposit of its instrument of ratification, acceptance, approvalor accession.
Article 29 – Member Organizations of FAO
29.1 When a Member Organization of FAO deposits an instrument of ratification, acceptance,
approval or accession for this Treaty, the Member Organization shall, in accordance with the provisions
of Article II.7 of the FAO Constitution, notify any change regarding its distribution of competence to itsdeclaration of competence submitted under Article II.5 of the FAO Constitution as may be necessary in
light of its acceptance of this Treaty. Any Contracting Party to this Treaty may, at any time, request a
Member Organization of FAO that is a Contracting Party to this Treaty to provide information as to
which, as between the Member Organization and its member states, is responsible for the implementation
of any particular matter covered by this Treaty. The Member Organization shall provide this informationwithin a reasonable time.IP/C/W/347
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29.2 Instruments of ratification, acceptance, approval, accession or withdrawal, deposited by a
Member Organization of FAO, shall not be counted as additional to those deposited by its Member
States.
Article 30 – Reservations
No reservations may be made to this Treaty.
Article 31 – Non-Parties
The Contracting Parties shall encourage any Member of FAO or other State, not a Contracting
Party to this Treaty, to accept this Treaty.
Article 32 – Withdrawals
32.1 Any Contracting Party may at any time after two years from the date on which this Treaty has
entered into force for it, notify the Depositary in writing of its withdrawal from this Treaty. The
Depositary shall at once inform all Contracting Parties.
32.2 Withdrawal shall take effect one year from the date of receipt of the notification.
Article 33 – Termination
33.1 This Treaty shall be automatically terminated if and when, as the result of withdrawals, the
number of Contracting Parties drops below forty, unless the remaining Contracting Parties
unanimously decide otherwise.
33.2 The Depositary shall inform all remainin g Contracting Parties when the number of
Contracting Parties has dropped to forty.
33.3 In the event of termination the disposition of a ssets shall be governed by the financial rules to
be adopted by the Governing Body.
Article 34 – Depositary
The Director-General of FAO shall be the Depositary of this Treaty.
Article 35 – Authentic Texts
The Arabic, Chinese, English, French, Russian and Spanish texts of this Treaty are equally
authentic.IP/C/W/347
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ANNEX I
LIST OF CROPS COVERED UNDER THE MULTILATERAL SYSTEM
Food crops
Crop Genus Observations
Breadfruit Artocarpus Breadfruit only.
Asparagus Asparagus
Oat Avena
Beet Beta
Brassica complex Brassica  et al. Genera included are: Brassica, Armoracia, Barbarea,
Camelina, Crambe, Diplotaxis, Eruca, Isatis, Lepidium,
Raphanobrassica, Raphanus, Rorippa , and  Sinapis . This
comprises oilseed and vegetable crops such as cabbage,
rapeseed, mustard, cress, rocket, radish, and turnip. The species
Lepidium meyenii  (maca) is excluded.
Pigeon Pea Cajanus
Chickpea Cicer
Citrus Citrus Genera Poncirus  and Fortunella  are included as root stock.
Coconut Cocos
Major aroids Colocasia,
XanthosomaMajor aroids include taro, cocoyam, dasheen and tannia.
Carrot Daucus
Yams Dioscorea
Finger Millet Eleusine
Strawberry Fragaria
Sunflower Helianthus
Barley Hordeum
Sweet Potato Ipomoea
Grass pea Lathyrus
Lentil Lens
Apple Malus
Cassava Manihot Manihot esculenta  only.
Banana / Plantain Musa Except Musa textilis .
Rice Oryza
Pearl Millet Pennisetum
Beans Phaseolus Except Phaseolus polyanthus .
Pea Pisum
Rye Secale
Potato Solanum Section tuberosa included, except Solanum phureja .
Eggplant Solanum Section melongena included.
Sorghum Sorghum
Triticale Triticosecale
Wheat Triticum  et al. Including Agropyron, Elymus,  and Secale .
Faba Bean / Vetch Vicia
Cowpea et al. Vigna
Maize Zea Excluding Zea perennis, Zea diploperennis , and Zea luxurians .
   ____________________________________________________________________________________IP/C/W/347
Page 27
Forages
Genera Species
LEGUME FORAGES
Astragalus chinensis, cicer, arenarius
Canavalia ensiformis
Coronilla variaHedysarum coronarium
Lathyrus cicera, ciliolatus, hirsutus, ochrus, odoratus, sativus
Lespedeza cuneata, striata, stipulacea
Lotus corniculatus, subbiflorus, uliginosus
Lupinus albus, angustifolius, luteus
Medicago arborea, falcata, sativa, scutellata, rigidula, truncatula
Melilotus albus, officinalisOnobrychis viciifolia
Ornithopus sativus
Prosopis affinis, alba, chilensis, nigra, pallida
Pueraria phaseoloides
Trifolium alexandrinum, alpestre, ambiguum , angustifolium, arvense, agrocicerum,
hybridum, incarnatum, pratense, re pens, resupinatum, rueppellianum,
semipilosum, subterraneum, vesiculosum
GRASS FORAGES
Andropogon gayanus
Agropyron cristatum, desertorum
Agrostis stolonifera, tenuis
Alopecurus pratensis
Arrhenatherum elatiusDactylis glomerata
Festuca arundinacea, gigantea, heter ophylla, ovina, pratensis, rubra
Lolium hybridum, multiflorum, perenne, rigidum, temulentum
Phalaris aquatica, arundinacea
Phleum pratense
Poa alpina, annua, pratensis
Tripsacum laxum
OTHER FORAGESAtriplex halimus, nummularia
Salsola vermiculataIP/C/W/347
Page 28
ANNEX II
Part 1
ARBITRATION
Article 1
The claimant party shall notify the Secretary that  the parties to the dispute are referring it to
arbitration pursuant to Article 22. The notification shall state the subject-matter of arbitration and
include, in particular, the articles of this Treaty, the interpretation or application of which are at issue.
If the parties to the dispute do not agree on the subject matter of the dispute before the President of the
tribunal is designated, the arbitral tribunal shall determine the subject matter. The Secretary shall
forward the information thus received to all Contracting Parties to this Treaty.
Article 2
1. In disputes between two parties to the disput e, the arbitral tribunal shall consist of three
members. Each of the parties to the dispute shall appoint an arbitrator and the two arbitrators so
appointed shall designate by common agreement the third arbitrator who shall be the President of the
tribunal. The latter shall not be a national of one of the parties to the dispute, nor have his or her usual
place of residence in the territory of one of these parties to the dispute, nor be employed by any ofthem, nor have dealt with the case in any other capacity.
2. In disputes between more than two Contracting Parties, parties to the dispute with the same
interest shall appoint one arbitrator jointly by agreement.
3. Any vacancy shall be filled in the manner prescribed for the initial appointment.
Article 3
1. If the President of the arbitral tribunal has not been designated within two months of the
appointment of the second arbitrator, the Director-Gen eral of FAO shall, at the request of a party to
the dispute, designate the President within a further two-month period.
2. If one of the parties to the dispute does not appoint an arbitrator within two months of receipt
of the request, the other party may inform the Director-General of FAO who shall make the
designation within a further two-month period.
Article 4
The arbitral tribunal shall render its decisions in accordance with the provisions of this Treaty and
international law.
Article 5
Unless the parties to the dispute otherwise agree, the arbitral tribunal shall determine its own rules of
procedure.IP/C/W/347
Page 29
Article 6
The arbitral tribunal may, at the request of one of the parties to the dispute, recommend essential
interim measures of protection.
Article 7
The parties to the dispute shall facilitate the work of the arbitral tribunal and, in particular, using all
means at their disposal, shall:
(a) Provide it with all relevant documents, information and facilities; and
(b) Enable it, when necessary, to call witnesses or experts and receive their evidence.
Article 8
The parties to the dispute and the arbitrators are under an obligation to protect the confidentiality of
any information they receive in confidence during the proceedings of the arbitral tribunal.
Article 9
Unless the arbitral tribunal determines otherwise because of the particular circumstances of the case,
the costs of the tribunal shall be borne by the parties to the dispute in equal shares. The tribunal shall
keep a record of all its costs, and shall furnish a final statement thereof to the parties to the dispute.
Article 10
Any Contracting Party that has an interest of a lega l nature in the subject-matter of the dispute which
may be affected by the decision in the case, may in tervene in the proceedings with the consent of the
tribunal.
Article 11
The tribunal may hear and determine counterclaims arising directly out of the subject-matter of the
dispute.
Article 12
Decisions both on procedure and substance of the arbitral tribunal shall be taken by a majority vote of
its members.
Article 13
If one of the parties to the dispute does not appear before the arbitral tribunal or fails to defend its
case, the other party may request the tribunal to continue the proceedings and to make its award.
Absence of a party to the dispute or a failure of a party to the dispute to defend its case shall not
constitute a bar to the proceedings. Before rendering its final decision, the arbitral tribunal must
satisfy itself that the claim is well founded in fact and law.
Article 14
The tribunal shall render its final decision within five months of the date on which it is fully
constituted unless it finds it necessary to extend the time-limit for a period which should not exceedfive more months.IP/C/W/347
Page 30
Article 15
The final decision of the arbitral tribunal shall be confined to the subject-matter of the dispute and
shall state the reasons on which it is based. It shall contain the names of the members who have
participated and the date of the final decision. Any member of the tribunal may attach a separate or
dissenting opinion to the final decision.
Article 16
The award shall be binding on the parties to the dispute. It shall be without appeal unless the parties to
the dispute have agreed in advance to an appellate procedure.
Article 17
Any controversy which may arise between the parties to the dispute as regards the interpretation or
manner of implementation of the final decision may be submitted by either party to the dispute for
decision to the arbitral tribunal which rendered it.IP/C/W/347
Page 31
Part 2
CONCILIATION
Article 1
A conciliation commission shall be created upon the request of one of the parties to the dispute. The
commission shall, unless the parties to the dispute otherwise agree, be composed of five members,
two appointed by each party concerned and a President chosen jointly by those members.
Article 2
In disputes between more than two Contracting Parties, parties to the dispute with the same interest
shall appoint their members of the commission jointly by agreement. Where two or more parties to the
dispute have separate interests or there is a disagr eement as to whether they are of the same interest,
they shall appoint their members separately.
Article 3
If any appointments by the parties to the dispute ar e not made within two months of the date of the
request to create a conciliation commission, the Dire ctor-General of FAO shall, if asked to do so by
the party to the dispute that made the request, make those appointments within a further two-month
period.
Article 4
If a President of the conciliation commission has not been chosen within two months of the last of the
members of the commission being appointed, the Director-General of FAO shall, if asked to do so by
a party to the dispute, designate a President within a further two-month period.
Article 5
The conciliation commission shall take its decisions by majority vote of its members. It shall, unless
the parties to the dispute otherwise agree, determine its own procedure. It shall render a proposal for
resolution of the dispute, which the parties shall consider in good faith.
Article 6
A disagreement as to whether the conciliation commission has competence shall be decided by the
commission.IP/C/W/347
Page 32
Appendix II to the Report of FAO
Decision VI/6 of the Conference of the Parties to the Convention on Biological Diversity
The International Treaty on Plant Genetic Resources for Food and Agriculture
The Conference of the Parties
1. Congratulates the Food and Agriculture Organization of the United Nations and its
Commission on Genetic Resources for Food and Agricu lture, where the International Treaty on Plant
Genetic Resources for Food and Agriculture was negotiated, on successfully completing this
important process;
2. Recognizes  the important role that the International Treaty on Plant Genetic Resources for
Food and Agriculture will have, in harmony with the Convention on Biological Diversity, for the
conservation and sustainable utilization of this important component of agricultural biological
diversity, for facilitated access to plant genetic resources for food and agriculture, and for the fair and
equitable sharing of the benefits arising out of their utilization;
3. Appeals to Parties and other Governments to give priority consideration to the signature and
ratification of the International Treaty on Plant Genetic Resources for Food and Agriculture, so that it
may enter expeditiously into force;
4. Decides to establish and maintain cooperation with the Commission on Genetic Resources for
Food and Agriculture acting as the Interim Committee for the International Treaty on Plant Genetic
Resources for Food and Agriculture, and, upon the entry into force of the Treaty, with the GoverningBody;
5. Requests  the Executive Secretary to develop cooperation with the Secretariat of the
Commission on Genetic Resources for Food and Agriculture acting as the Interim Committee for the
International Treaty on Plant Genetic Resources for Food and Agriculture and, upon its establishment,
with the Secretariat of the International Treaty on Plant Genetic Resources for Food and Agriculture;
6. Requests  the Executive Secretary to convey the present decision to the Commission on
Genetic Resources for Food and Agriculture acting as the Interim Committee for the International
Treaty on Plant Genetic Resources for Food and Agriculture.
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