1994R1467 — EN — 05.06.2003 — 001.001 — 1
This document is meant purely as a documentation tool and the institutions do not assume any liability for its contents
►B COUNCILREGULATION(EC)No1467/94
of20June1994
ontheconservation,characterization, collectionandutilizationofgeneticresourcesinagriculture
(OJ L 159, 28.6.1994, p. 1)
Amended by:
Official Journal
No page date
►M1 Council Regulation (EC) No 806/2003 of 14 April 2003 L 122 1 16.5.2003
NB: This consolidated version contains references to the European unit of account and/or the ecu, which from 1 January 1999
should be understood as references to the euro — Council Regulation (EEC) No 3308/80 (OJ L 345, 20.12.1980, p. 1) andCouncil Regulation (EC) No 1103/97 (OJ L 162, 19.6.1997, p. 1).
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COUNCILREGULATION(EC)No1467/94
of20June1994
on the conservation, characterization, collection and utilization of
genetic resourcesinagriculture
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, andin particular Article 43 thereof,
Having regard to the proposal from the Commission (
1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social
Committee (3),
Whereas, with a view to the preservation of biological and genetic
diversity in agriculture in the Community, which constitutes an irre-placeable fund of biological and genetic resources, genetic resourcesshould be preserved; whereas all necessary measures should be taken
to conserve, characterize, collect and utilize those resources to promote
the aims of the common agricultural policy and safeguard biologicaldiversity in line with the Convention on Biological Diversity ratifiedby the Community in 1993; whereas all forward-looking solutionswhich mightprove necessary should be applied;
Whereas in this Regulation ‘agriculture’ should be taken in the broad
sense of the term and genetic resources in agriculture should thereforeinclude genetic resources in forestry;
Whereas genetic resources in agriculture include both plant and animal
genetic resources within the meaning of this Regulation;
Whereas the aim of effective development and coordination of the
conservation, characterization, collection and utilization of geneticresources in agriculture must be to organize, for the general good,work undertaken in the Member States, to utilize the results of that
work effectively, to direct that work towards ends compatible with the
needs of the common agricultural policy and in line with the Conven-tion on Biological Diversity, and to pool the resources necessary forimplementing actions responding to the needs of the Community takinginto account, where it is appropriate, those actions undertaken in thesame area by international organizations recognized as competent and
by European countries outside the Union;
Whereas, in order to attain that objective, the permanent exchange of
information and, in particular, reciprocal consultation on programmes
in the Member States, existing and planned, for the conservation, char-
acterization, collection and utilization of genetic resources inagriculture should be established;
Whereas the coordination, at Community level, of work already under
way at national level for the conservation, characterization, collectionand utilization of genetic resources in agriculture must enable thatwork to be made more effective;
Whereas current work appears inadequate, either because of the nature
of the work itself or because the means available to the Member Statesdo not enable them to increase their efforts in the field of the conserva-tion, characterization, collection and utilization of genetic resources in
agriculture; whereas, in accordance with the principle of subsidiarity,
the European Community should be able to support and supplementthe efforts made in the Member States in such cases, thus helping tomeet the obligations which weigh on the Community to protect theenvironment and maintain the countryside, and to develop and imple-ment plans for the conservation and sustainable use of biological1994R1467 — EN — 05.06.2003 — 001.001 — 2
(1) OJ No C 266, 1. 10. 1993, p. 2.
(2) OJ No C 128, 9. 5. 1994.
(3) OJ No C 52, 19. 2. 1994, p. 20.
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diversity; whereas the problem of conservation of genetic resources in
agriculture has a transnational dimension and concerns all MemberStates, but to date there has been no specific programme of action in
this area at Community level; whereas the best solution is to add value
by concerting existing actions and supporting new high-priority actions;whereas inaction would lead to inefficiency and loss of geneticresources;
Whereas the work undertaken in the field of the conservation, charac-
terization, collection and utilization of genetic resources in agriculture
should increase diversification in agriculture, help to maintain biolo-gical diversity, improve the quality of agricultural products and reduceinputs and agricultural production costs by promoting, in particular, theextensification of agricultural production;
Whereas, given that the coordination of the conservation, characteriza-
tion, collection and utilization of genetic resources in agriculture is
directly linked to the common agricultural policy, measures adoptedto that end must be applied as rapidly as possible;
Whereas, for the purposes of coordination, in view of the geographical
spread of the genetic wealth of Community agriculture and owing to
the need to implement relevant measures, close and permanent coop-
eration between the Commission and the Member States on theconservation, characterization, collection and utilization of geneticresources in agriculture should be established;
Whereas the coordination of work at national level calls for a broad
and detailed knowledge of the situation regarding the conservation,
characterization, collection and utilization of genetic resources in agri-
culture in each Member State; whereas the relevant information shouldbe gathered and the procedures for providing access thereto laid down;
Whereas work carried out at Community level should be directed, in
particular, towards improving the quality of agricultural products andfinding new uses for traditional or new agricultural products with a
view to increasing their added value;
Whereas a Community programme of measures for the conservation,
characterization, collection and utilization of genetic resources in agri-culture must help to preserve biological diversity in the Community,increase the competitiveness of agriculture and improve the manage-
mentof agricult ural resources;
Whereas such a Community programme of long-term measures could
lead to new forms of production, thus benefiting agriculture, the envir-onment and the countryside;
Whereas it is important to ensure that the results of work on the
conservation, characterization, collection and utilization of genetic
resources in agriculture to which the Community makes a contribution
is made available to the Community;
Whereas within the framework of the general policy on the conserva-
tion, characterization, collection and utilization of genetic resources inagriculture developed by the Community with the aid of the relevant
consultative bodies, the establishment of a committee composed of
representatives of the Member States and chaired by a representativeof the Commission is the most suitable means for developing coopera-tion, such a committee being able to provide the appropriate aid andadvice to the Commission in the execution of those tasks entrusted toit in the coordination of the conservation, characterization, collection
and utilization of genetic resources in agriculture;
Whereas, to permit the utilization of the results obtained, their dissemi-
nation and the provision of advice should be promoted; whereas inorder to achieve as broad and appropriate use of the action programmeas possible it will be supplemented by publications covering the resultsand advisory activities,1994R1467 — EN — 05.06.2003 — 001.001 — 3
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HAS ADOPTED THIS REGULATION:
Article 1
1. With a view to the achievement of the aims of the common agri-
cultural policy, work on the conservation, characterization, collectionand utilization of genetic resources in agriculture undertaken in theMember States shall be coordinated and promoted at Community level
under the conditions set out in this Regulation.
2. For the purposes of this Regulation:
(a) genetic resources in agriculture shall include both plant and animal
genetic resources;
(b) — plant genetic resources shall mean, in particular, those of agri-
cultural crops, including vines, fodder crops, horticultural crops,including market-garden and ornamental crops, medicinal plants
and aromatics, fruit crops, forest trees, fungi, micro-organisms
and wild flora which are or could be of use in the field of agri-culture,
— animal genetic resources shall mean, in particular, those of farm
animals (vertebrates and certain invertebrates), micro-organismsand wild fauna which are or could be of use in the field of agri-culture.
3. The coordination and promotion referred to in paragraph 1 shall
be carried out in accordance with the general policy on genetic
resources in agriculture laid down by the Community.
TITLE I
Informationandconsultation
Article 2
Arrangements for the exchange of information and consultation
between the Member States and the Commission shall be established
under the conditions set out in Articles 3 and 4.
Article 3
1. Member States shall provide the Commission on a regular basis,
and at least once a year, with technical, economic and financial infor-
mation on specific measures for the conservation, characterization,collection and utilization of genetic resources in agriculture carriedout or planned under their authority.
They shall endeavour to provide the Commission on a regular basis
with similar information on measures for the conservation, characteri-zation, collection and utilization of genetic resources in agriculture
carried out and planned by bodies not under their authority.
2. The Commission shall keep a permanent inventory of the
measures referred to in paragraph 1 and, by means of appropriatemeasures, encourage exchanges of information between competentorganizations in the Member States, in particular exchanges on theorigins and individual characteristics of available genetic resources.Such exchanges of information may take place in the context of
measures financed by the programme referred to in Article 7.
3. After obtaining the opinion of the Committee referred to in
Article 13, the Commission shall fix the procedures for making avail-able to those concerned all the information gathered.
Article 4
1. The Commission shall make a permanent study of the policy on,
the situation of and the trends in conservation, characterization, collec-tion and utilization of genetic resources in agriculture in the MemberStates, taking into account the results of other relevant studies in thefield of genetic resources, including those available on genetic exploi-1994R1467 — EN — 05.06.2003 — 001.001 — 4
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tation and erosion. To that end, the Commission shall consult with the
Member States within the Committee referred to in Article 13.
2. The Commission shall organize exchanges of information, and an
expansion and improvement of the measures for the conservation, char-acterization, collection and utilization of genetic resources in
agriculture in particular by means of seminars, training courses,
exchanges of experts, study visits and scientific and technical reports.
TITLE II
Specific measures
Article 5
1. Without prejudice to any recommendations the Commission
might make to the Member States, the Commission shall be responsiblefor:
(a) assisting the coordination, at Community level, of certain national
measures for the conservation, characterization, collection and utili-zation of genetic resources in agriculture to permit the rationalorganization of the means employed within the Community and
the efficient utilization of the results and to achieve an approach
in line with the aims of the common agricultural policy;
(b) the development and implementation of programmes of measures
for the conservation, characterization, collection and utilization ofgenetic resources in agriculture at Community level to support orsupplement action undertaken in the Member States.
2. The detailed rules for applying paragraph 1 shall be adopted in
accordance with the procedure laid down in Article 14.
Article 6
1. In accordance with the procedure laid down in Article 14, the
Commission shall take all necessary measures to ensure that any resultswhich could contribute to the application of measures adopted pursuantto Article 5 (1) are made available to the Community by the mostsuitable means.
2. The Commission shall take the appropriate steps, in accordance
with the aims of the common agricultural policy, to promote the disse-
mination and exploitation of any results of work in the field of the
conservation, characterization, collection and utilization of geneticresources in agriculture which could contribute to the achievement ofthose aims.
TITLE III
Actionprogrammeconcerninggenetic resourcesinagriculture
Article 7
A first Community programme for the conservation, characterization,
collection and utilization of genetic resources in agriculture as set outin Annex I, hereinafter referred to as ‘the programme’, is hereby
adopted for a period of five years.
Article 8
The detailed rules for the application of the programme, including the
level of financial support from the Community, are set out in Annex I.
Article 9
The Commission shall implement the programme after obtaining the
opinion of the Committee referred to in Article 13. Such consultation
shall concern, in particular:
— the drafting and updating of a programme of work,
— the content of the public calls for proposals for actions,1994R1467 — EN — 05.06.2003 — 001.001 — 5
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— the assessment of the concerted actions and the projects provided
for in Annex I,
— the development and exploitation of the inventory referred to in
Article 3 (2).
Article 10
1. The programme of work referred to in the first indent of Article 9
shall set out the detailed objectives, the type of actions to be applied
and the relevant financial provisions to be adopted. The Commission
shall issue public calls for proposals for actions on the basis of theprogramme of work.
2. Contracts concluded by the Commission for the implementation
of the various measures shall lay down detailed rules for the dissemina-
tion, protection and exploitation of the results of actions undertaken aspartof t he programme.
Article 11
1. During the third year of implementation, the Commission shall
carry out a review of the programme and an analysis of the situation,in particular, the financial position. The Commission shall submit areport to the European Parliament and the Council on the results ofthe review.
2. At the end of the programme, the Commission shall appoint a
group of independent experts to assess the results. The group's report,together with the Commission's comments, shall be submitted to theEuropean Parliament, the Council and the Economic and SocialCommittee.
Article 12
1. The funds estimated as necessary for the execution of this
programme, including the cost of personnel and administration, amountto ECU 20 million.
2. An indicative allocation of the funds is given in Annex II.
TITLE IV
General provisions
Article 13
1. A Committee on the conservation, characterization, collection and
utilization of genetic resources in agriculture, hereinafter referred to as
‘the Committee’, shall be set up composed of representatives of the
Member States and chaired by a representative of the Commission.
Article 14
1. The Commission shall be assisted by the Committee on the
Conservation, Characterisation, Collection and Utilisation of GeneticResources in Agriculture.
2. Where reference is made to this Article, Articles 4 and 7 of Deci-
sion 1999/468/EC (
1) shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be
setatone mont h.
3. The Committee shall adopt its Rules of Procedure.1994R1467 — EN — 05.06.2003 — 001.001 — 6
(1) OJ L 184, 17.7.1999, p. 23.▼M1
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Article 15
The Committee may consider any other relevant question referred to it
by its chairman either on his own initiative or at the request of the
representative of a Member State.
Article 16
The Commission shall submit a regular report to the European Parlia-
ment and the Council on the measures for the conservation,
characterization, collection and utilization of genetic resources in agri-culture referred to in Article 5.
In particular, the report shall include:
— a survey of the development of actions with regard to the conserva-
tion characterization, collection and utilization of genetic resources
in agriculture in the Member States,
— a description of the development of the conservation, characteriza-
tion, collection and utilization of genetic resources in agriculture in
the Community,
— the position with regard to measures applied under this Regulation,
— an exploratory study of desirable developments in the conservation,
characterization, collection and utilization of genetic resources in
agriculture in the Member States and the coordination of work inthat sphere at Community level in the light of the the aims of thecommon agricultural policy and of the results already achievedunder the present programme. The study will include, where appro-
priate, references to the work undertaken in this area by
international organizations of recognized competence.
Article 17
This Regulation shall enter into force on the third day after that of its
publication in the Official Journal of the European Communities .
This Regulation shall be binding in its entirety and directly applicable
in all Member States.1994R1467 — EN — 05.06.2003 — 001.001 — 7
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ANNEX I
DETAILED RULES FOR THE IMPLEMENTATION OF THE ACTION
PROGRAMME
I. OBJECTIVES
The objectives are to help ensure and improve the conservation, characteri-
zation, documentation, evaluation, collection and utilization of potentially
valuable plant and animal genetic resources in the Community.
In order to achieve the objectives, existing actions in the Member States
should be coordinated, complemented and extended. In all actions the prin-
ciple of subsidiarity will be applied.
Where appropriate, the actions undertaken in this programme will be
pursued in conjunction with actions in the same area undertaken by interna-
tional organizations of recognized competence.
II. GENERAL PROVISIONS
1. The programme is to be implemented by the Commission.2. The procedures for implementing the programme referred to in Article 8
are to include a permanent inventory of genetic resources in agriculture
in the Community, concerted actions, shared-cost projects for the conser-
vation, characterization, collection and utilization of those genetic
resources and accompanying measures.
—Permanent inventory
The permanent inventory is to consist principally in the establish-
ment, regular updating and regular publication of the state and
nature of genetic resources in agriculture collected in the Community
and the listing of current work on the conservation, characterization,
collection and utilization of those genetic resources. Expenditure on
the establishment of the inventory and its regular publication is to
be covered from the total appropriations granted for the implementa-
tion of the programme.
—Concerted actions
Concerted actions are to consist of work undertaken by the Commu-
nity to coordinate individual actions for the conservation,
characterization, collection and utilization of genetic resources in
agriculture carried out in the Member States. A Community financial
contribution of up to 100 % of the cost of concertation may be
granted.
—Shared-cost projects for the conservation, characterization, collection
and utilization of genetic resources in agriculture
Shared-cost contracts are to be concluded for projects for the conser-
vation, characterization, collection and utilization of genetic
resources in agriculture. A Community financial contribution of not
more than 50 % of the total cost of the projects is to be granted for
their implementation.
Shared-cost projects must, as a general rule, be carried out by parti-
cipants established within the Community. Priority is to be given to
projects providing for the participation of two or more unconnected
participants established in different Member States. Contracts for
shared-cost projects for the conservation, characterization, collection
and utilization of genetic resources in agriculture must, as a general
rule, be concluded following an official selection procedure based on
calls for proposals published in the Official Journal of the European
Communities . In urgent cases, the restricted procedure may be used.
—Accompanying measures
Accompanying measures are to consist of:
— the organization of seminars, technical conferences and work-
shops,
— internal coordination measures through specialized technical
groups,
— training and mobility schemes for specialist personnel,— the promotion of the utilization of results.
A Community financial contribution of up to 100 % of the total cost
of these measures may be granted.
3. Any natural or legal person who is a national of a Member State and
established in the Community may participate in the implementation of1994R1467 — EN — 05.06.2003 — 001.001 — 8
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the measures provided for in the programme. The participation of
nationals of third countries and the Community financial contribution
relating to such participation must be examined on a case-by-case basis.
4. Expenditure on the dissemination of the results and the knowledge
gained during the implementation of the measures and projects is to be
met from the programme budget.
5. All proposals for measures must include a declaration on the impact on
the environment. The declaration must include an undertaking to comply
with the relevant safety rules.
III. TECHNICAL PROCEDURES
1.Scope
(a)Eligible activities
This programme concerns the conservation, characterization, evalua-
tion, collection and utilization of genetic resources, plant and animal,
which currently occur within the territory of the Community and
which are likely to be lost if special measures are not taken.
Eligible organisms are plants (seed and certain spore-bearing plants),
animals (vertebrates and certain invertebrates) and micro-organisms.
All types of material are eligible including cultivars and domestic
breeds, local breeds, breeders' material, genetic type collections, and
wild species. The programme covers material that is activelygrowing and material that is dormant (seeds, embryos, semen and
pollen). Both ex-situ and in-situ collections are covered.
Priority will be given to species which are, or which may reasonably
be expected to become, economically significant in agriculture, horti-
culture or forestry in the Community. A particular preference will be
given to the use of genetic resources for:
— diversification of production in agriculture,
— improved productqualit y,
— a better care for the environment.
‘Documentation’, ‘passport’, ‘characterization’ and ‘evaluation’ are
defined in this programme as follows:
— ‘documentation’ refers to the collection and recording of all types
of data,
— ‘passport’ data are recorded at the collection site,
— ‘characterization’ refers to primary taxonomic descriptors
recorded subsequently,
— ‘evaluation’ refers to the assessment of other characters such as
disease or stress resistance.
When collections are recorded and new collecting is undertaken,
steps will be taken within the programme to ensure that the tradi-
tional regional experience and knowledge of the users (farmers,
horticulturists) on methods of cultivation, specific uses, processing,
taste, etc., are also included.
(b)Excluded
The following actions are specifically not eligible for Community
financial support under this programme: theoretical studies, studies
to test hypotheses, studies to improve tools or techniques, work
involving untested techniques or ‘model’ systems and all other
research activities. Such actions may be eligible for consideration
under the Community programmes of research and technological
development.
Actions that are already under way in the Member States will qualify
only for the execution of concerted actions.
Actions on lower animals, plants and micro-organisms are not
eligible, except for those which are reared or cultivated on land or
in fresh water or such organisms which are suited for use as biolo-
gical control agents in agriculture. Exception will be made in the
specific case of defined gene-for-gene relationships between parasite
or symbiont and host, and where both organisms are to be conserved.1994R1467 — EN — 05.06.2003 — 001.001 — 9
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Collecting and acquisition of material is subject to the priorities
stipulated above.
2.Actions
The following actions will be promoted:(a)Inventory
A permanent inventory of work carried out in the Community on the
conservation, characterization, collection and utilization of genetic
resources in agriculture and on in-situ programmes and ex-situ
collections will be established, periodically updated and regularly
published.
The inventory will provide a guide to collections of conserved
genetic resources and associated activities in the Community. The
aims of the inventory are to support the programme activities and
encourage the widest possible knowledge and use of preserved mate-
rial. The inventory will contain full details of each database and of
each collection supported by the programme in particular, plus other
appropriate details.
(b)Conservation, documentation and information exchange
The objective is to reinforce the Community's efforts in conserving
and documenting agricultural, animal and plant genetic resources,
including forestt rees, by harmonizing work already under way and
eliminating duplication of effort.
The work will proceed in a series of logical steps. Work concerning
a later step will not be eligible for Community funding unless there
is proof that the preceding steps have been concluded whether in this
programme or previously.
Eventually, if it can be shown that the need exists, new actions may
be supported (step 6).
To harmonize efforts, the databases used in all actions supported by
the programme will have to become compatible.
At each step in the process, information acquired will be published
and material stored will, as far as possible, be made available for
distribution.
For each species the steps are as follows:
— Step 1: Establish the workplan
Draw up a minimum list of primary descriptors, design and test a
common database and a common format for data exchange. The
common database should be designed to respond to the needs of
users and should use the standard database language. The chosen
descriptors should be highly heritable. They should be expressed
in all environments and be cheap to evaluate.
— Step 2: Characterize the collections
Create the database. Assemble passport data, multiply or regen-
erate material and characterize the primary descriptors.
— Step 3: Evaluation (secondary characterization)
Where relevant, add data from other screening tests (see ‘evalua-
tion and utilization’).
— Step 4: Sort the collections
By using the common database, identify duplicates and gaps in
the existing collections. Where appropriate, designate a fraction
of the total as a core collection.
— Step 5: Rationalize the collections
Where there is duplication between collections, rationalize and
harmonize the holdings. Some overlap of holdings is necessary
to guard against accidental loss. The minimal criterion is that
duplicates of core collections should be held at two designated
sites at least. The collection as a whole may be spread over
several designated sites.
— Step 6: Acquire (collect) genetic resources
Collecting may be undertaken:
(i) where there are gaps in collections, which demonstrably limit
their utility; or1994R1467 — EN — 05.06.2003 — 001.001 — 10
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(ii) where there is uncollected material which is reasonably
suspected as being unique and which, if not collected, would
be lost.
Good collecting and storage practices will be followed and the
collected material will be documented and entered on the database
(steps 1 to 5). For animals, ‘collection’ may include the collection
and preservation of semen, ova and embryos of threatened and
unique breeds.
Particular emphasis will be placed on the publication of information
and dissemination of material resulting from the above activities.
(c)Evaluation and utilization
The objective is to improve the evaluation and utilization of material
stored in Community in-situ and ex-situ genetic resource collection.
The following actions are eligible:
— Actions leading directly to the use of conserved material in agri-
culture, e.g. the multiplication of candidate material and its trial
in field conditions.
— The acquisition of relevant information from users who have
received genetic resources from the gene bank in the past and
the collection of relevant information from the literature.
— The routine evaluation of the performance of conserved material
in practical conditions.
— The routine ‘screening’ of conserved material for sources of
useful and relevantgenes conferring e.g. productqualit y, resis-
tance to diseases, pests and stress conditions, general combining
ability and male sterility.
— The recording of other non-economic characters that are useful
operationally, e.g. for faster or more precise identification of
genotypes.
3.Participation
There will be two modes of participation in cost-shared projects. The
criteria are as follows:
(a)Designated participant
A designated participant:
— is recognized for training at Ph.D. level; the participant must be
ready to accept students for post-university (3 years) training,
and/or
— is officially recognized by the Member State,
and/or
— is attested by the Member State as having a comparable level of
competence in the relevant area,
andif responsible for a collection, that collection must:
— be accessible to all bona fide users,
— conform to standards of good practice,— be in active use.
(b)Complementary participant
A complementary participant holds material which is complementary
to that of the same species in a designated gene bank or has other
complementary expertise.
Complementary participants will participate in the work as subcon-
tractors in collaboration with a designated participant.
This is a multidisciplinary programme. The participation of all relevant
disciplines, particularly of those concerned with the utilization of stored
material, is especially encouraged.1994R1467 — EN — 05.06.2003 — 001.001 — 11
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ANNEX II
INDICATIVE FINANCIAL BREAKDOWN GENETIC RESOURCES IN
AGRICULTURE
Action %
I. Permanentinvent ory 10 %
II. Conservation, characterization, collection, utilization
1. Plantgeneric resources
66 %
2. Animal genetic resources
22 %88 %
III. Programme evaluation 2 % (1)
Total 100 % (2)
(1) Around 2 % of the total is earmarked for the evaluation and dissemination of the
results of the programme.
(2) Including expenditure on the specific administration of the programme amounting to
around 2,5 % of the total and the cost of specialist personnel (two A grade, two B
grade and two C grade staff) amounting to approximately 10 % of the total.1994R1467 — EN — 05.06.2003 — 001.001 — 12