Proposal for a Council Decision concerning the conclusion, on behalf of the European Community, of the International Treaty on Plant Genetic Resources for Food and Agriculture
Date: 2003-10-14
Institutions: European Commission
Subjects: FAO, biodiversity, conservation of resources, international agreement, ratification of an agreement

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 14.10.2003
COM(2003) 602 final

2003/0231 (CNS)

Proposal for a

COUNCIL DECISION

concerning the conclusion, on behalf of the European Community, of the
International Treaty on Plant Genetic Resources for Food and Agriculture

.

(presented by the Commission)

EXPLANATORY MEMORANDUM

The International Undertaking on Plant Genetic Resources, adopted by the FAO Conference
in  1983,  was  an  non  legally  binding  agreement,  seeking  to  explore,  preserve  and  evaluate
agricultural plant genetic resources and make them available for plant breeding and scientific
purposes.

In  November  1993  the  FAO  Conference  decided  to  negotiate  a  revised,  legally  binding,
International Undertaking, in harmony with the Convention on Biological Diversity.

The Commission and the Member States participated in the negotiations. They were finalised
with  a  new  ‘International  Treaty  on  Plant  Genetic  Resources  for  Food  and  Agriculture’
(International  Treaty),  formally  adopted  by  the  FAO  Conference  in  Rome  on  3  November
2001. The Community and the Member States signed the International Treaty on 6 June 2002.

The  scope  of  the  International  Treaty  covers  35  food  crops  and  29  forages.  It  establishes  a
legally binding global framework for the sustainable conservation of plant genetic resources
for  food  an  agriculture  and  a  multilateral  system  combining  access  of  all  parties  to  the
International  Treaty  to  such  resources  with  the  sharing  of  commercial  and  other  benefits  of
access thereto.

This  International Treaty will enter  into  force  ninety  days  after  forty  parties  have  deposited
their instruments of ratification, acceptance, approval or accession. Its ‘Governing Body’ will
then establish and  make crucial decisions extremely  difficult to reverse. Only  countries  that
have deposited their instruments of ratification by that time can influence these decisions

The International Treaty is important for agricultural  research and breeding in the European
Union.  Both  Community  and  Member  States’  competences  are  concerned.  Linked  with  the
principle  of  unity  in  the  international  representation  of  the  Community,  joint  action  by  the
Community  and  its  Member  States  for  the  deposit  of  the  instruments  of  ratification  or
approval is required.

Considering the above, the International Treaty should be ratified at the earliest possible time.

2

2003/0231 (CNS)

Proposal for a

COUNCIL DECISION

concerning the conclusion, on behalf of the European Community, of the International
Treaty on Plant Genetic Resources for Food and Agriculture

THE COUNCIL OF THE EUROPEAN UNION,

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular
Articles 37  and  175(1),  in  conjunction with the first subparagraph  of Article  300(2)  and  the
first subparagraph of Article 300(3) thereof,

Having regard to the proposal from the Commission1,

Having regard to the opinion of the European Parliament2,

Whereas:

(1)  World  food  security  and  sustainable  agriculture  depend  on  the  conservation  and
sustainable use of plant genetic resources for agricultural research and breeding.

(2) 

(3) 

(4) 

(5) 

(6) 

The  Community  is  a  Member  of  the  United  Nations  Food  and  Agriculture
Organisation (FAO).

The  International  Treaty  on  Plant  Genetic  Resources  for  Food  and  Agriculture  was
adopted by the FAO Conference in Rome on 3 November 2001.

The European Community and its Member States signed the International Treaty on 6
June 20023.

The  said  International  Treaty  provides  a  legally  binding  global  framework  for  the
sustainable  conservation  of  plant  genetic  resources  for  food  and  agriculture  and  a
multilateral  system  under  which  all  parties  to  the  International  Treaty  not  only  have
access to such resources but may also share the commercial and other benefits arising
from their use.

The conservation and sustainable use of genetic resources for agricultural research and
breeding  are  essential  for  the  development  of  agricultural  production,  and  for  the
preservation of agricultural biodiversity.

1

2

3

OJ C […], […], p. […].
OJ C […], […], p. […].
Council Documents 8399/02 and 8399/02 COR 4.

3

                                                
(7) 

(8) 

(9) 

By facilitating access to plant  genetic resources under  a multilateral system, the said
International  Treaty  should  promote  technical  progress  in  agriculture,  in  accordance
with Article 33 of the Treaty establishing the European Community.

Pursuant  to  Article  174  of  the  Treaty  establishing  the  European  Community,
Community  policy  on  the  environment  is  to  contribute  to  the  preservation  and
protection of the environment.

By  Decision  93/626/EEC4,  the  Community  concluded  the  Convention  on  Biological
Diversity  under  the  auspices  of  the  United  Nations  Environment  Programme.  The
measures  to  ensure  the  preservation  of  agricultural  biodiversity  included  in  the  said
International Treaty will further the objectives of the Convention.

(10)  Article 26 of the International Treaty stipulates that it shall be subject to ratification,
acceptance  or  approval.  Instruments  of  ratification,  acceptance,  or  approval  shall  be
deposited with the Director-General of FAO.

(11)  Mixed Community and Member States' competence linked with the principle of unity
in the international representation of the Community militate in favour of joint action
for simultaneous deposition of instruments of approval of the said International Treaty
by the Community and its Member States.

(12) 

It is therefore appropriate that the aforementioned International Treaty be approved on
behalf of the Community,

HAS DECIDED AS FOLLOWS:

Article 1

The International Treaty on Plant Genetic Resources for Food and Agriculture (International
Treaty),  which  was  adopted  by  the  FAO  Conference  at  its  Thirty-first  Session  in
November 2001, is hereby approved on behalf of the European Community.

The text of the International Treaty is attached to this Decision as Annex A.

Article 2

1. 

2. 

The President of the Council is hereby authorised to designate the person or persons
empowered to deposit, on behalf of the Community, the instrument of approval and
the declarations set out in Annex B and C to this Decision with the Director-General
of the Food and Agriculture Organization of the United Nations, in accordance with
Articles 26 and 34 of the International Treaty.

The instrument of approval shall be deposited simultaneously with the instruments of
approval of all the Member States. At the same time the Member States shall confirm
the declarations made by the Community on approval of the International Treaty.

4

OJ L 309, 13.12.1993, p. 1.

4

                                                
Article 3

1.

2.

In a dispute settlement procedure as provided  for by  Article 22 of  the  International
Treaty, the Community shall be represented by the Commission.

Where the Community or one or more Member States are party to the same dispute
or involved in different disputes in which the same or similar legal issues are raised,
the  Commission  and  the  Member  States  concerned  shall  defend  their  interests
together, drawing up  a cohesive  legal  and  factual  body  of  argument,  in  accordance
with Community and national spheres of competence.

Done at Brussels, […]

For the Council
The President

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INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES FOR FOOD AND
AGRICULTURE

ANNEX A

The Contracting Parties,

PREAMBLE

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
Action and 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 Farmers’ 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 sustainable 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;

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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  within  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.

1.2.

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 their use, in harmony with the Convention on Biological Diversity, for
sustainable agriculture and food security.

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 of domesticated 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.

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“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.

This Treaty relates to plant genetic resources for food and agriculture.

Article 3 – Scope

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)

(b)

(c)

(d)

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;

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;

Promote or support, as appropriate, farmers  and local communities’  efforts to
manage  and  conserve  on-farm  their  plant  genetic  resources  for  food  and
agriculture;

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;

8

(f) Monitor the  maintenance  of the viability, degree  of variation,  and the  genetic
integrity of collections of plant genetic resources for food and agriculture.

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.

6.2.

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.

The sustainable use of plant genetic resources for food and agriculture may include
such measures as:

(a)

(b)

(c)

(d)

(e)

(f)

the
pursuing  fair  agricultural  policies 
development  and  maintenance  of  diverse  farming  systems  that  enhance  the
sustainable use of agricultural biological diversity and other natural resources;

that  promote,  as  appropriate, 

strengthening  research  which  enhances  and  conserves  biological  diversity  by
maximizing  intra-  and  inter-specific  variation  for  the  benefit  of  farmers,
especially those who generate and use their own varieties and apply ecological
principles  in  maintaining  soil  fertility  and  in  combating  diseases,  weeds  and
pests;

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;

broadening  the  genetic  base  of  crops  and  increasing  the  range  of  genetic
diversity available to farmers;

promoting, as appropriate, the expanded use of local and locally adapted crops,
varieties and underutilized species;

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.

9

7.2.

International cooperation shall, in particular, be directed to:

(a)

(b)

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;

international  activities 

enhancing 
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.

9.2.

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 plant  genetic  resources which constitute  the basis
of food and agriculture production throughout the world.

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)

(b)

(c)

protection of traditional knowledge relevant to plant genetic resources for food
and agriculture;

the right to equitably participate in sharing benefits arising from the utilization
of plant genetic resources for food and agriculture; and

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.

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PART IV - THE MULTILATERAL SYSTEM OF ACCESS AND BENEFIT-SHARING

10.1.

10.2.

11.1.

11.2.

Article 10 – Multilateral System of Access and Benefit-sharing

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 authority to determine access to those resources rests
with national governments and is subject to national legislation.

In the exercise of their sovereign rights, the Contracting Parties agree to establish a
multilateral  system,  which  is  efficient,  effective,  and  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

In furtherance of the objectives of conservation 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.

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 food and 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
Agricultural  Research  (CGIAR),  as  provided  in  Article  15.1a,  and  in  other
international institutions, in accordance with Article 15.5.

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Article 12 – Facilitated access to plant genetic resources for food and agriculture within
the Multilateral System

12.1.

12.2.

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.

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  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 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

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12.4.

12.5.

12.6.

13.1.

13.2.

(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.

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-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  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.

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  under  such  MTAs,  recognizing  hat  obligations
arising under such MTAs rest exclusively with the parties to those MTAs.

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

The Contracting Parties recognize that facilitated access to plant genetic esources 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.

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,
including
technical,  scientific  and  socio-economic  research, 
results  of 
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.

13

(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
material  developed  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  commercial  joint
ventures relating to the material received, human resource development,
and effective access to research facilities.

(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  technologies
for  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.

14

(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  (i)  establishing  and/or
to  give  priority 
strengthening programmes for scientific and technical education and training 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  and  countries  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  private  and  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  referred  to  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 meeting, 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  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.

15

13.3.

13.4.

13.5.

13.6.

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 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.

The Governing Body shall, at its first meeting, 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  with  economies  in  transition  whose  contribution  to  the
diversity  of  plant  genetic  resources  for  food  and  agriculture  in  the  Multilateral
System is significant and/or which have special needs.

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 depend largely upon the effective implementation of this Article and
of the funding strategy as provided in Article 18.

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 Centres 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.

16

(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  consultation  with  the  IARCs,  in  accordance  with  the  relevant
provisions  of  this  Treaty,  especially  Articles  12  and  13,  and  under  the
following conditions:

(i)

The  IARCs  shall  periodically  inform  the  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
Article  19.3f  shall  be  applied,  in  particular,  to  the
mentioned in
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  developed
countries; and

(iv) The  IARCs  shall  take  appropriate  measures,  in  accordance  with  their
capacity,  to  maintain  effective  compliance  with  the  conditions  of  the
MTAs, and shall promptly inform the Governing Body of  cases of non-
compliance.

(c)

IARCs  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 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
in  accordance  with
manage  and  administer 
internationally  accepted  standards,  in  particular  the  Genebank  Standards  as
endorsed  by  the  FAO  Commission  on  Genetic  Resources  for  Food  and
Agriculture.

these  ex  situ  collections 

(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.

17

15.2.

15.3.

(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.

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 included in a list held by the Secretary to be made
available to the Contracting Parties on request.

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 on Biological Diversity or other
applicable law.

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.

16.2.

Existing cooperation 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.

The  Contracting  Parties  will  encourage,  as  appropriate,  all  relevant  institutions,
including  governmental,  private,  non-governmental,  research,  breeding  and  other
institutions, to participate in the international networks.

Article 17 – The Global Information System on Plant Genetic Resources for Food and
Agriculture

17.1.

The  Contracting  Parties  shall  cooperate  to  develop  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  agriculture  available  to  all
Contracting Parties.  In developing the Global  Information  System,  cooperation will
be  sought  with  the  Clearing  House  Mechanism  of  the  Convention  on  Biological
Diversity.

18

17.2.

17.3.

18.1.

18.2.

18.3.

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.

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

The  Contracting  Parties  undertake  to  implement  a  funding  strategy  for  the
implementation of this Treaty in accordance with the provisions of this Article.

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.

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 periodically
establish a target for such funding.

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. Contracting 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
implementation  of  this  Treaty  through  bilateral  and  regional  and  multilateral
channels.  Such  channels  shall 
in
include 
Article 19.3f.

the  mechanism  referred 

to 

19

(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.

19.2.

A Governing Body for this Treaty is hereby established, composed of all Contracting
Parties.

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:

(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)

(f)

consider  and  establish  subject  to  the  availability  of  necessary  funds  such
subsidiary  bodies  as  may  be  necessary,  and  their  respective  mandates  and
composition;

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;

20

(g)

(h)

(i)

(j)

(k)

(l)

international
establish  and  maintain  cooperation  with  other 
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;

relevant 

consider and adopt, as required, amendments to this Treaty, in accordance with
the provisions of Article 23;

consider  and  adopt,  as  required,  amendments  to  annexes  to  this  Treaty,  in
accordance with the provisions of Article 24;

consider  modalities  of  a  strategy  to  encourage  voluntary  contributions,  in
particular, with reference to Articles 13 and 18;

perform  such  other  functions  as  may  be  necessary  for  the  fulfillment  of  the
objectives of this Treaty;

take  note  of  relevant  decisions  of  the  Conference  of  the  Parties  to  the
Convention  on  Biological  Diversity  and  other 
international
organizations and treaty bodies;

relevant 

(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 the implementation 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.

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 for the delegate.

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,  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.

19.4.

19.5.

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.

21

19.8.

19.9.

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.

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)

(b)

arrange  for  and  provide  administrative  support  for  sessions  of  the  Governing
Body and for any subsidiary bodies as may be established;

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.

20.5.

The  Secretary  shall  provide  documentation  in  the  six  languages  of  the  United
Nations for sessions of the Governing Body.

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.

22

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.

22.2.

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.

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.

23.3.

23.4.

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.

All amendments to this Treaty shall only be made by  consensus  of the Contracting
Parties present at the session of the Governing Body.

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.

23

Article 24 – Annexes

24.1.

24.2.

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.

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.

28.2.

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,  provided  that  at  least  twenty  instruments  of  ratification,
acceptance, approval or accession have been deposited by Members of FAO.

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, approval or accession.

24

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  its  declaration  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  information  within  a
reasonable time.

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.

No reservations may be made to this Treaty.

Article 30 – Reservations

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.

25

Article 33 – Termination

33.1.

33.2.

33.3.

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.

The  Depositary  shall inform  all  remaining  Contracting  Parties  when  the  number  of
Contracting Parties has dropped to forty.

In the event of termination the disposition of assets 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.

26

LIST OF CROPS COVERED UNDER THE MULTILATERAL SYSTEM

ANNEX I

Crop

Breadfruit

Asparagus

Oat

Beet

Brassica complex

Pigeon Pea

Chickpea

Citrus

Coconut

Food crops

Genus

Observations

Artocarpus

Breadfruit only.

Asparagus

Avena

Beta

Brassica 
al.

et

Cajanus

Cicer

Citrus

Cocos

Genera  included  are:  Brassica,  Armoracia,
Barbarea,  Camelina,  Crambe,  Diplotaxis,
Eruca,  Isatis,  Lepidium,  Raphanobrassica,
and  Sinapis.  This
Raphanus,  Rorippa, 
comprises oilseed and vegetable crops such as
cabbage,  rapeseed,  mustard,  cress,  rocket,
radish,  and  turnip.  The  species  Lepidium
meyenii (maca) is excluded.

Genera Poncirus and Fortunella are included as
stock.

Major aroids

Colocasia,

Major  aroids  include  taro,  cocoyam,  dasheen  a
tannia

Carrot

Yams

Finger Millet

Strawberry

Sunflower

Barley

Sweet Potato

Xanthosoma

Daucus

Dioscorea

Eleusine

Fragaria

Helianthus

Hordeum

Ipomoea

27

Grass pea

Lentil

Apple

Cassava

Lathyrus

Lens

Malus

Manihot

Manihot esculenta only.

Banana / Plantain

Rice

Musa

Oryza

Pearl Millet

Pennisetum

Except Musa textilis.

Beans

Pea

Rye

Potato

Eggplant

Sorghum

Triticale

Wheat

Faba Bean / Vetch

Cowpea et al.

Maize

Phaseolus

Except Phaseolus polyanthus.

Pisum

Secale

Solanum

Section  tuberosa  included,  except  Solanum
phureja.

Solanum

Section melongena included.

Sorghum

Triticosecale

Triticum 
al.

Vicia

Vigna

Zea

et

Including Agropyron, Elymus, and Secale.

Excluding Zea  perennis,  Zea  diploperennis,  and
luxurians.

28

Forages

Genera

Species

LEGUME FORAGES

Astragalus

Canavalia

Coronilla

Hedysarum

Lathyrus

Lespedeza

Lotus

Lupinus

Medicago

Melilotus

Onobrychis

Ornithopus

Prosopis

Pueraria

Trifolium

chinensis, cicer, arenarius

ensiformis

varia

coronarium

cicera, ciliolatus, hirsutus, ochrus, odoratus, sativus

cuneata, striata, stipulacea

corniculatus, subbiflorus, uliginosus

albus, angustifolius, luteus

arborea, falcata, sativa, scutellata, rigidula, truncatula

albus, officinalis

viciifolia

sativus

affinis, alba, chilensis, nigra, pallida

phaseoloides

alexandrinum,  alpestre,  ambiguum,  angustifolium,  arvense,
repens,
agrocicerum,  hybridum, 
resupinatum, 
subterraneum,
vesiculosum

incarnatum,  pratense, 

rueppellianum, 

semipilosum, 

29

Genera

Species

GRASS FORAGES

Andropogon

gayanus

Agropyron

Agrostis

Alopecurus

Arrhenatherum

Dactylis

Festuca

Lolium

Phalaris

Phleum

Poa

cristatum, desertorum

stolonifera, tenuis

pratensis

elatius

glomerata

arundinacea, gigantea, heterophylla, ovina, pratensis, rubra

hybridum, multiflorum, perenne, rigidum, temulentum

aquatica, arundinacea

pratense

alpina, annua, pratensis

Tripsacum

laxum

OTHER FORAGES

Atriplex

Salsola

halimus, nummularia

vermiculata

30

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.

1.

2.

3.

1.

2.

Article 2

In  disputes  between  two  parties  to  the  dispute,  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 of them, nor
have dealt with the case in any other capacity.

In disputes between more than two Contracting Parties, parties to the dispute with the
same interest shall appoint one arbitrator jointly by agreement.

Any vacancy shall be filled in the manner prescribed for the initial appointment.

Article 3

If the President of the arbitral tribunal has not been designated within two months of
the appointment  of the second arbitrator,  the  Director-General  of  FAO  shall,  at  the
request of a party to the dispute, designate the President within a further two-month
period.

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.

The arbitral tribunal shall render its decisions in accordance with the provisions of this Treaty
and international law.

Article 4

31

Unless the parties to the dispute otherwise agree, the arbitral tribunal shall determine its own
rules of procedure.

Article 5

The  arbitral  tribunal  may,  at  the  request  of  one  of  the  parties  to  the  dispute,  recommend
essential interim measures of protection.

Article 6

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)

(b)

Provide it with all relevant documents, information and facilities; and

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 legal nature in the subject-matter of the dispute
which may be affected by the decision in the case, may intervene in the proceedings with the
consent of the tribunal.

The tribunal may hear and determine counterclaims arising directly out of the subject-matter
of the dispute.

Article 11

Decisions both on procedure and substance of the arbitral tribunal shall be taken by a majority
vote of its members.

Article 12

32

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
exceed five more months.

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.

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 16

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.

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.

33

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  disagreement  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 are not made within two months of the date
of the request to create a conciliation commission, the Director-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.

A disagreement as to whether the conciliation commission has competence shall be decided
by the commission

Article 6

34

ANNEX B

INSTRUMENT OF APPROVAL OF THE

INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES FOR FOOD AND
AGRICULTURE

The  Council  of  the  European  Union  has  the  honour  to  refer  to  the  International  Treaty  on
Plant  Genetic  Resources  for  Food  and  Agriculture,  which  was  approved  by  the  FAO
Conference at its Thirty-first Session in November 2001, and to inform the Director-General
of  the  Food  and  Agriculture  Organization  of  the  United  Nations  that  the  European
Community hereby approves the aforesaid Treaty pursuant to its Article 26 and undertakes to
abide by its provisions.

Date […]

35

ANNEX C

Declarations of the European Community

The following declarations shall be attached to the instrument of approval deposited with the

Director-General of FAO:

1.

2.

3.

“The  European  Community  interprets  Article  12.3d  of  the  International  Treaty  on
Plant  Genetic  Resources  as  recognising  that  plant  genetic  resources  for  food  and
agriculture  or  their  genetic  parts  or  components  which  have  undergone  innovation
may be the subject of intellectual property rights provided that the criteria relating to
such rights are met.”

“In  accordance  with  the  provisions  of  Article  II.7  of  the  FAO  Constitution,  the
European Community declares that its declaration of competence submitted to FAO
on 4 October 1994 under Article II.5 of the FAO Constitution still applies in light of
its acceptance  of  the  International  Treaty on Plant Genetic Resources for  Food  and
Agriculture.”

“In accordance with the provision of Article 22.3 the European Community declares
that  for  a  dispute  not  resolved  in  accordance  with  Article  22.1  or  Article  22.2  it
accepts as compulsory the dispute settlement provisions in Article 22.3 (a).”

36