2004/869/EC:Council decision of 24 February 2004 concerning the conclusion, on behalf of the European Community, of the International Treaty on Plant Genetic Resources for Food and Agriculture
Date: 2004-02-24
Institutions: Council of the European Union
Subjects: European Community, FAO, biodiversity, conservation of resources, food safety, genetics, plant resources, ratification of an agreement, sustainable agriculture

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 24 February 2004

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

(2004/869/EC)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

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)

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, hereinafter referred to as the ‘Inter-
national Treaty’, was adopted by the FAO Conference in
Rome on 3 November 2001.

(4)

The Community and its Member States signed the Interna-
tional Treaty on 6 June 2002.

(5)

(6)

(7)

(8)

(9)

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

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

By facilitating access to plant genetic resources under a
multilateral system, the International Treaty should pro-
mote 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 Euro-
pean Community, Community policy on the environment
is to contribute to the preservation, protection and
improvement of the quality of the environment.

By Decision 93/626/EEC (2), the Community concluded
the Convention on Biological Diversity under the auspices
of the United Nations Environment Programme. The mea-
sures to ensure the preservation of agricultural biodiversity
included in the International Treaty will further the objec-
tives of the Convention.

(1) Opinion delivered on 29 January 2004 (not yet published in the Offi-

cial Journal).

(2) OJ L 309, 13.12.1993, p. 1.

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

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 FAO, in accordance with Articles 26 and 34 of the
International Treaty.

(11) Mixed Community and Member States’ competence linked
with the principle of unity in the international representa-
tion of the Community favours joint action for simulta-
neous deposition of instruments of approval of the said
International Treaty by the Community and its Member
States.

(12)

In order to allow the participation of the Community and
of its Member State in the Governing Body of the Interna-
tional Treaty as soon as possible after its entry into force,
Member States should endeavour to complete their inter-
nal procedures for approval without delay.

(13)

It is therefore appropriate that the International Treaty
attached to this Decision be approved on behalf of the
Community,

HAS DECIDED AS FOLLOWS:

Article 1

The International Treaty on Plant Genetic Resources for Food and
Agriculture (hereinafter referred to as the ‘International Treaty’),
which was adopted by the FAO Conference at its 31st Session in
November 2001, is hereby approved on behalf of the Community.

2. Member States shall endeavour to take the necessary steps
with a view to depositing their instruments of ratification or
approval simultaneously with those of the European Community
and the other Member States and as far as possible not later than
31 March 2004.

3.
If, at that date, one or more Member States are not in a posi-
tion to deposit their instruments of approval, the Community and
the other Member States may proceed with the deposit.

Article 3

1.
In a dispute settlement procedure as provided for by
Article 22 of the International Treaty, the Community shall be
represented by the Commission.

2. 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 argu-
ment, in accordance with Community and national spheres of
competence.

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

Done at Brussels, 24 February 2004.

Article 2

1.
The President of the Council is hereby authorised to desig-
nate the person or persons empowered to deposit, on behalf of

For the Council

The President

J. WALSH

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ANNEX A

INTERNATIONAL TREATY

on Plant Genetic Resources for Food and Agriculture

PREAMBLE

THE CONTRACTING PARTIES,

CONVINCED of the special nature of plant genetic resources for food and agriculture, their distinctive features and prob-
lems needing distinctive solutions;

ALARMED by the continuing erosion of these resources;

COGNISANT that plant genetic resources for food and agriculture are a common concern of all countries, in that all coun-
tries depend very largely on plant genetic resources for food and agriculture that originated elsewhere;

ACKNOWLEDGING that the conservation, exploration, collection, characterisation, evaluation and documentation of plant
genetic resources for food and agriculture are essential in meeting the goals of the Rome Declaration on World Food Secu-
rity and the World Food Summit Plan of Action and for sustainable agricultural development for this and future genera-
tions, 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 cen-
tres of origin and diversity, in conserving, improving and making available these resources, is the basis of farmers’ rights;

AFFIRMING ALSO that the rights recognised in this Treaty to save, use, exchange and sell farm-saved seed and other propa-
gating 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 realisation of farmers’ rights, as well
as the promotion of farmers’ rights at national and international levels;

RECOGNISING 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 previous recital is not intended to create a hierarchy between this Treaty and other interna-
tional agreements;

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;

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AWARE of their responsibility to past and future generations to conserve the world’s diversity of plant genetic resources for
food and agriculture;

RECOGNISING 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 Organisation of the
United Nations, hereinafter referred to as FAO, under Article XIV of the FAO Constitution;

HAVE AGREED AS FOLLOWS:

PART I

INTRODUCTION

Article 1

Objectives

1.1.
The objectives of this Treaty are the conservation and sus-
tainable 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 Diver-
sity, for sustainable agriculture and food security.

These objectives will be attained by closely linking this
1.2.
Treaty to the Food and Agriculture Organisation of the United
Nations and to the Convention on Biological Diversity.

‘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;

‘ex situ collection’ means a collection of plant genetic resources for
food and agriculture maintained outside their natural habitat;

‘centre of origin’ means a geographical area where a plant species,
either domesticated or wild,
first developed its distinctive
properties.

‘centre of crop diversity’ means a geographic area containing a
high level of genetic diversity for crop species in in situ conditions.

Article 2

Use of terms

Article 3

Scope

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:

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

‘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 surround-
ings 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;

PART II

GENERAL PROVISIONS

Article 4

General Obligations

‘plant genetic resources for food and agriculture’ means any
genetic material of plant origin of actual or potential value for
food and agriculture;

Each Contracting Party shall ensure the conformity of its laws,
regulations and procedures with its obligations as provided in this
Treaty.

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Article 5

Article 6

Conservation, exploration, collection, characterisation,
evaluation and documentation of plant genetic resources
for food and agriculture

Sustainable use of plant genetic resources

5.1.
Each Contracting Party shall, subject to national legisla-
tion, 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:

6.1.
The Contracting Parties shall develop and maintain appro-
priate 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

6.2.
agriculture may include such measures as:

(a)

survey and inventory plant genetic resources for food and
agriculture, taking into account the status and degree of
variation in existing populations, including those that are of
potential use and, as feasible, assess any threats to them;

(a) pursuing fair agricultural policies that promote, as appropri-
ate, the development and maintenance of diverse farming
systems that enhance the sustainable use of agricultural bio-
logical diversity and other natural resources;

(b) promote the collection of plant genetic resources for food
and agriculture and relevant associated information on those
plant genetic resources that are under threat or are of poten-
tial use;

(b)

strengthening research which enhances and conserves bio-
logical diversity by maximising intra- and inter-specific varia-
tion 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;

(c) promote or support, as appropriate, farmers and local com-
munities’ efforts to manage and conserve on-farm their plant
genetic resources for food and agriculture;

(c) promoting, as appropriate, plant breeding efforts which, with
the participation of farmers, particularly in developing coun-
tries, strengthen the capacity to develop varieties particularly
adapted to social, economic and ecological conditions,
including in marginal areas;

(d) promote in situ conservation of wild crop relatives and wild
plants for food production, including in protected areas, by
supporting, inter alia, the efforts of indigenous and local
communities;

(d) broadening the genetic base of crops and increasing the range

of genetic diversity available to farmers;

(e)

cooperate to promote the development of an efficient and
sustainable system of ex situ conservation, giving due atten-
tion to the need for adequate documentation, characterisa-
tion, regeneration and evaluation, and promote the develop-
ment and transfer of appropriate technologies for this
purpose with a view to improving the sustainable use of plant
genetic resources for food and agriculture;

(e) promoting, as appropriate, the expanded use of local and
locally adapted crops, varieties and under-utilised species;

(f)

supporting, as appropriate, the wider use of diversity of vari-
eties 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;

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

and

The Contracting Parties shall, as appropriate, take steps to
if possible, eliminate threats to plant genetic

5.2.
minimise or,
resources for food and agriculture.

(g)

reviewing, and, as appropriate, adjusting breeding strategies
and regulations concerning variety release and seed
distribution.

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Article 7

National commitments and international cooperation

Each Contracting Party shall, as appropriate, integrate into
7.1.
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 the FAO and other rel-
evant international organisations, in the conservation and sustain-
able use of plant genetic resources for food and agriculture.

The Contracting Parties agree that the responsibility for
9.2
realising farmers’ rights, as they relate to plant genetic resources
for food and agriculture, rests with national governments. In
accordance with their needs and priorities, each Contracting Party
should, as appropriate, and subject to its national legislation, take
measures to protect and promote farmers’ rights, including:

(a) protection of traditional knowledge relevant to plant genetic

resources for food and agriculture;

7.2.
to:

(a)

International cooperation shall, in particular, be directed

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;

(b)

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

(b) enhancing international activities to promote conservation,
evaluation, documentation, genetic enhancement, plant
breeding, seed multiplication; and sharing, providing access
to, and exchanging, in conformity with Part IV, plant genetic
resources for food and agriculture and appropriate informa-
tion and technology;

(c) maintaining and strengthening the institutional arrangements

provided for in Part V;

and

(d)

implement the funding strategy of Article 18.

(c)

the right to participate in making decisions, at 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
law and as
appropriate.

to national

Article 8

Technical assistance

PART IV

THE MULTILATERAL SYSTEM OF ACCESS AND
BENEFIT-SHARING

The Contracting Parties agree to promote the provision of tech-
nical assistance to Contracting Parties, especially those that are
developing countries or countries with economies in transition,
either bilaterally or through the appropriate international organi-
sations, with the objective of facilitating the implementation of
this Treaty.

Article 10

Multilateral system of access and benefit-sharing

PART III

FARMERS’ RIGHTS

Article 9

Farmers’ rights

10.1.
In their relationships with other States, the Contracting
Parties recognise 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.

The Contracting Parties recognise the enormous contri-
9.1.
bution 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 through-
out the world.

10.2.
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 equi-
table way, the benefits arising from the utilisation of these
resources, on a complementary and mutually reinforcing basis.

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Article 11

Coverage of the Multilateral System

11.1.
In furtherance of the objectives of conservation and sus-
tainable 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
and
interdependence.

food security

11.2.
The Multilateral System, as identified in Article 11.1,
shall include all plant genetic resources for food and agriculture
listed in Annex I that are under the management and control of
the Contracting Parties and in the public domain. With a view to
achieving the fullest possible coverage of the Multilateral System,
the Contracting Parties invite all other holders of the plant genetic
resources for food and agriculture listed in Annex I to include
these plant genetic resources for food and agriculture in the Mul-
tilateral System.

11.3.
Contracting Parties also agree to take appropriate mea-
sures to encourage natural and legal persons within their jurisdic-
tion 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 assess-
ment, the Governing Body shall decide whether access shall con-
tinue 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.

The Multilateral System shall also include the plant
11.5.
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 accordance with
institutions,
in other
Article 15.5.

international

Article 12

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

The Contracting Parties agree to take the necessary legal
12.2.
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 pro-
visions of Article 11.4.

12.3.
conditions below:

Such access shall be provided in accordance with the

(a) access shall be provided solely for the purpose of utilisation
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 indus-
trial uses. In the case of multiple-use crops (food and non-
food), their importance for food security should be the deter-
minant 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 infor-
mation, 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
in the form received from the Multilateral
components,
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 pro-
tected by intellectual and other property rights shall be con-
sistent with relevant international agreements, and with rel-
evant national laws;

12.1.
The Contracting Parties agree that facilitated access to
plant genetic resources for food and agriculture under the Multi-
lateral System, as defined in Article 11, shall be in accordance
with the provisions of this Treaty.

(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 recipi-
ents of those plant genetic resources for food and agriculture,
under the terms of this Treaty; and

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(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 stan-
dards as may be set by the Governing Body.

of information, access to and transfer of technology, capacity-
building, and the sharing of the benefits arising from commer-
cialisation, taking into account the priority activity areas in the
rolling Global Plan of Action, under the guidance of the Govern-
ing Body:

To this effect, facilitated access,

12.4.
in accordance with
Articles 12.2 and 12.3, 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 pro-
vision 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 agri-
culture to another person or entity, as well as to any subsequent
transfers of those plant genetic resources for food and agriculture.

12.5.
Contracting Parties shall ensure that an opportunity to
seek recourse is available, consistent with applicable jurisdictional
requirements, under their legal systems, in case of contractual dis-
putes arising under such MTAs, recognising that obligations aris-
ing under such MTAs rest exclusively with the parties to those
MTAs.

12.6.
In emergency disaster situations, the Contracting Parties
agree to provide facilitated access to appropriate plant genetic
resources for food and agriculture in the Multilateral System for
the purpose of contributing to the re-establishment of agricultural
systems, in cooperation with disaster relief coordinators.

Article 13

Benefit-sharing in the Multilateral System

13.1.
The Contracting Parties recognise that facilitated access
to plant genetic resources for food and agriculture which are
included in the Multilateral System constitutes itself a major ben-
efit of the Multilateral System and agree that benefits accruing
therefrom shall be shared fairly and equitably in accordance with
the provisions of this Article.

13.2.
The Contracting Parties agree that benefits arising from
the use, including commercial, of plant genetic resources for food
and agriculture under the Multilateral System shall be shared fairly
and equitably through the following mechanisms: the exchange

(a) Exchange of information

The Contracting Parties agree to make available information
which shall, inter alia, encompass catalogues and inventories,
information on technologies, results of technical, scientific
including characterisation,
and socioeconomic research,
evaluation and utilisation, regarding those plant genetic
resources for food and agriculture under the Multilateral Sys-
tem. Such information shall be made available, where non-
confidential, subject to applicable law and in accordance with
national capabilities. Such information shall be made avail-
able to all Contracting Parties to this Treaty through the
information system, provided for in Article 17.

(b) Access to and transfer of technology

(i) The Contracting Parties undertake to provide and/or
facilitate access to technologies for the conservation,
characterisation, evaluation and use of plant genetic
resources for food and agriculture which are under the
Multilateral System. Recognising 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 vari-
eties and genetic material shall be provided and/or facili-
tated, while respecting applicable property rights and
access laws, and in accordance with national capabilities.

(ii) Access to and transfer of technology to countries, espe-
cially to developing countries and countries with econo-
mies 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
utilisation of plant genetic resources for food and agri-
culture, all types of partnership in research and develop-
ment and in commercial joint ventures relating to the
material received, human resource development, and
effective access to research facilities.

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(iii) Access to and transfer of technology as referred to in (i)
and (ii) above, including that protected by intellectual
property rights, to developing countries that are Con-
tracting Parties, in particular least developed countries,
and countries with economies in transition, shall be pro-
vided 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 devel-
oped countries, and countries with economies in transi-
tion, including on concessional and preferential terms
where mutually agreed, inter alia, through partnerships
in research and development under the Multilateral Sys-
tem. Such access and transfer shall be provided on terms
which recognise and are consistent with the adequate
and effective protection of intellectual property rights.

(c) Capacity-building

Taking into account the needs of developing countries and
countries with economies in transition, as expressed through
the priority they accord to building capacity in plant genetic
resources for food and agriculture in their plans and pro-
grammes, when in place, in respect of those plant genetic
resources for food and agriculture covered by the Multilat-
eral System, the Contracting Parties agree to give priority to
(i) establishing and/or strengthening programmes for scien-
tific and technical education and training in conservation and
sustainable use of plant genetic resources for food and agri-
culture, (ii) developing and strengthening facilities for con-
servation 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
in
out scientific research preferably, and where possible,
developing countries and countries with economies in tran-
sition, 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 commercialisation

(i) The Contracting Parties agree, under the Multilateral Sys-
tem, 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, includ-
ing 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 commercia-
lises 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 mecha-
nism referred to in Article 19.3f, an equitable share of

the benefits arising from the commercialisation 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 commercial-
ises 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 catego-
ries of recipients who commercialise such products; it
may also decide on the need to exempt from such pay-
ments small farmers in developing countries and in
countries with economies in transition. The Governing
Body may, from time to time, review the levels of pay-
ment 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 commercialised products
are available without restriction to others for further
research and breeding.

13.3.
The Contracting Parties agree that benefits arising from
the use of plant genetic resources for food and agriculture that are
shared under the Multilateral System should flow primarily,
directly and indirectly, to farmers in all countries, especially in
developing countries, and countries with economies in transition,
who conserve and sustainably utilise plant genetic resources for
food and agriculture.

13.4.
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 con-
tribution to the diversity of plant genetic resources for food and
agriculture in the Multilateral System is significant and/or which
have special needs.

13.5.
The Contracting Parties recognise 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.

13.6.
The Contracting Parties shall consider modalities of a
strategy of voluntary benefit-sharing contributions whereby food
processing industries that benefit from plant genetic resources for
food and agriculture shall contribute to the Multilateral System.

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PART V

SUPPORTING COMPONENTS

Article 14

Global Plan of Action

Recognising that the rolling Global Plan of Action for the conser-
vation 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, technol-
ogy 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

15.1.
Held by the International Agricultural Research Centres
of the Consultative Group on International Agricultural Research
and other international institutions The Contracting Parties rec-
ognise 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
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:

International

Group

on

(a) plant genetic resources for food and agriculture listed in
Annex I of this Treaty and held by the IARCs shall be made
available in accordance with the provisions set out in Part IV
of this Treaty;

(b) plant genetic resources for food and agriculture other than
those listed in Annex I of this Treaty and collected before its
entry into force that are held by IARCs shall be made avail-
able 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 follow-
ing 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 mentioned in Article 19.3f shall be applied,
in particular, to the conservation and sustainable use of
the plant genetic resources for food and agriculture in
question, particularly in national and regional pro-
grammes 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 accor-
dance with their capacity, to maintain effective compli-
ance with the conditions of
the MTAs, and shall
promptly inform the Governing Body of cases of
non-compliance;

(c)

IARCs recognise the authority of the Governing Body to pro-
vide 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 col-
lections are conserved shall remain under the authority of the
IARCs, which undertake to manage and administer these ex
situ collections in accordance with internationally accepted
standards, in particular the Genebank Standards as endorsed
by the FAO Commission on Genetic Resources for Food and
Agriculture;

(d) upon request by an IARC, the Secretary shall endeavour to

provide appropriate technical support;

(f)

(g)

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;

if the orderly maintenance of these ex situ collections held by
IARCs is impeded or threatened by whatever event, includ-
ing 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
15.2.
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 accor-
dance 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.

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The material other than that listed in Annex I, which is
15.3.
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 mate-
rial and the country of origin of such resources or the country
that has acquired those resources in accordance with the Conven-
tion 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.

The Governing Body will also seek to establish agree-
15.5.
ments for the purposes stated in this Article with other relevant
international institutions.

Based on notification by the Contracting Parties, early
17.2.
warning should be provided about hazards that threaten the effi-
cient maintenance of plant genetic resources for food and agri-
culture, with a view to safeguarding the material.

17.3.
The Contracting Parties shall cooperate with the Com-
mission 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

Article 16

International plant genetic resources networks

18.1.
The Contracting Parties undertake to implement a fund-
ing strategy for the implementation of this Treaty in accordance
with the provisions of this Article.

Existing cooperation in international plant genetic
16.1.
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 cover-
age as possible of plant genetic resources for food and agriculture.

16.2.
The Contracting Parties will encourage, as appropriate,
all relevant institutions, including governmental, private, non-
governmental, research, breeding and other institutions, to par-
ticipate in the international networks.

Article 17

The global information system on plant genetic resources
for food and agriculture

The Contracting Parties shall cooperate to develop and
17.1.
strengthen a global information system to facilitate the exchange
of information, based on existing information systems, on scien-
tific, 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.

18.2.
The objectives of the funding strategy shall be to enhance
the availability, transparency, efficiency and effectiveness of the
provision of financial resources to implement activities under this
Treaty.

18.3.
In order to mobilise funding for priority activities, plans
and programmes, in particular in developing countries and coun-
tries with economies in transition, and taking the Global Plan of
Action into account, the Governing Body shall periodically estab-
lish a target for such funding.

18.4.

Pursuant to this funding strategy:

(a)

(b)

the Contracting Parties shall take the necessary and appro-
priate measures within the Governing Bodies of relevant
international mechanisms, funds and bodies to ensure due
priority and attention to the effective allocation of predict-
able and agreed resources for the implementation of plans
and programmes under this Treaty;

the extent to which Contracting Parties that are developing
countries and Contracting Parties with economies in transi-
tion 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;

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(c)

the Contracting Parties that are developed countries also pro-
vide, 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 include the mechanism referred
to in Article 19.3f;

(d) each Contracting Party agrees to undertake, and provide
financial resources for national activities for the conservation
and sustainable use of plant genetic resources for food and
agriculture in accordance with its national capabilities and
financial resources. The financial resources provided shall not
be used to ends inconsistent with this Treaty, in particular in
areas related to international trade in commodities;

The functions of the Governing Body shall be to pro-
19.3.
mote 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 Mul-
tilateral 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;

(e)

the Contracting Parties agree that the financial benefits aris-
ing from Article 13.2d are part of the funding strategy;

(d) adopt the budget of this Treaty;

(f)

voluntary contributions may also be provided by Contract-
ing Parties, the private sector, taking into account the provi-
sions of Article 13, non-governmental organisations and
other sources. The Contracting Parties agree that the Govern-
ing 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 farm-
ers in developing countries, especially in least developed coun-
tries, and in countries with economies in transition, who conserve
and sustainably utilise plant genetic resources for food and
agriculture.

(e)

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

(f)

establish, as needed, an appropriate mechanism, such as a
Trust Account, for receiving and utilising financial resources
that will accrue to it for purposes of implementing this
Treaty;

(g) establish and maintain cooperation with other relevant inter-
national organisations and treaty bodies, including in particu-
lar the Conference of the Parties to the Convention on Bio-
logical Diversity, on matters covered by this Treaty, including
their participation in the funding strategy;

PART VII

INSTITUTIONAL PROVISIONS

(h) consider and adopt, as required, amendments to this Treaty,

in accordance with the provisions of Article 23;

Article 19

Governing Body

19.1.
composed of all Contracting Parties.

A Governing Body for this Treaty is hereby established,

(i)

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

(j)

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

(k) perform such other functions as may be necessary for the ful-

filment of the objectives of this Treaty;

19.2.
All decisions of the Governing Body shall be taken by
consensus unless by consensus another method of arriving at a
decision on certain measures is reached, except that consensus
shall always be required in relation to Articles 23 and 24.

(l)

take note of relevant decisions of the Conference of the Par-
ties to the Convention on Biological Diversity and other rel-
evant international organisations and treaty bodies;

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(m) inform, as appropriate, the Conference of the Parties to the
Convention on Biological Diversity and other relevant inter-
national organisations and treaty bodies of matters regard-
ing the implementation of this Treaty;

Special sessions of the Governing Body shall be held at
19.10.
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 Contract-
ing Parties.

and

19.11.
The Governing Body shall elect its Chairperson and
Vice-Chairpersons (collectively referred to as the Bureau), in con-
formity with its Rules of Procedure.

(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.

Article 20

Secretary

19.4.
Subject to Article 19.6, each Contracting Party shall have
one vote and may be represented at sessions of the Governing
Body by a single delegate who may be accompanied by an alter-
nate, 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 authorised to sub-
stitute for the delegate.

The United Nations,

its specialised agencies and the
19.5.
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 Sec-
retary 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 partici-
pation of observers shall be subject to the Rules of Procedure
adopted by the Governing Body.

19.6.
A Member Organisation of the FAO that is a Contract-
ing Party and the Member States of that Member Organisation
that are Contracting Parties shall exercise their membership rights
and fulfil their membership obligations in accordance, muta-
tis mutandis, with the Constitution and General Rules of the FAO.

The Governing Body shall adopt and amend, as required,
19.7.
its own Rules of Procedure and financial rules which shall not be
inconsistent with this Treaty.

19.8.
The presence of delegates representing a majority of the
Contracting Parties shall be necessary to constitute a quorum at
any session of the Governing Body.

19.9.
The Governing Body shall hold regular sessions at least
once every two years. These sessions should, as far as possible, be
held back-to-back with the regular sessions of the Commission on
Genetic Resources for Food and Agriculture.

20.1.
The Secretary of the Governing Body shall be appointed
by the Director-General of the FAO, with the approval of the Gov-
erning Body. The Secretary shall be assisted by such staff as may
be required.

20.2.

The Secretary shall perform the following functions:

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

(b) assist the Governing Body in carrying out its functions,
including the performance of specific tasks that the Govern-
ing Body may decide to assign to it;

(c)

report on its activities to the Governing Body.

20.3.
ties and to the Director-General:

The Secretary shall communicate to all Contracting Par-

(a) decisions of the Governing Body within 60 days of adoption;

(b)

information received from Contracting Parties in accordance
with the provisions of this Treaty.

20.4.
The Secretary shall provide documentation in the six lan-
guages of the United Nations for sessions of the Governing Body.

20.5.
The Secretary shall cooperate with other organisations
and treaty bodies, including in particular the Secretariat of the
Convention on Biological Diversity, in achieving the objectives of
this Treaty.

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 econo-
mies in transition.

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Article 22

Settlement of disputes

22.1.
In the event of a dispute between Contracting Parties
concerning the interpretation or application of this Treaty, the
parties concerned shall seek solutions by negotiation.

22.2.
If the parties concerned cannot reach agreement by
negotiation, they may jointly seek the good offices of, or request
mediation by, a third party.

22.3. When ratifying, accepting, approving or acceding to this
Treaty, or at any time thereafter, a Contracting Party may declare
in writing to the Depositary that for a dispute not resolved in
accordance with Article 22.1 or Article 22.2 above, it accepts one
or both of
the following means of dispute settlement as
compulsory:

Any amendment adopted by the Governing Body shall
23.4.
come into force among Contracting Parties having ratified,
accepted or approved it on the 90th 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 90th 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 Organisation of the FAO shall not be counted as
additional to those deposited by Member States of such an
organisation.

Article 24

Annexes

24.1.
The annexes to this Treaty shall form an integral part of
this Treaty and a reference to this Treaty shall constitute at the
same time a reference to any annexes thereto.

(a) arbitration in accordance with the procedure laid down in

Part 1 of Annex II to this Treaty;

24.2.
this Treaty shall apply to the amendment of annexes.

The provisions of Article 23 regarding amendments to

(b)

submission of the dispute to the International Court of
Justice.

Article 25

Signature

If the parties to the dispute have not, in accordance with
22.4.
Article 22.3 above, accepted the same or any procedure, the dis-
pute shall be submitted to conciliation in accordance with Part 2
of Annex II to this Treaty unless the parties otherwise agree.

This Treaty shall be open for signature at the FAO from 3 Novem-
ber 2001 to 4 November 2002 by all Members of the FAO and
any States that are not Members of the FAO but are Members of
the United Nations, or any of its specialised agencies or of the
International Atomic Energy Agency.

Article 23

Amendments to the Treaty

Article 26

Ratification, acceptance or approval

23.1.
Contracting Party.

Amendments to this Treaty may be proposed by any

This Treaty shall be subject to ratification, acceptance or approval
by the Members and non-Members of the FAO referred to in
Article 25. Instruments of ratification, acceptance, or approval
shall be deposited with the Depositary.

Amendments to this Treaty shall be adopted at a session
23.2.
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.

Article 27

Accession

23.3.
All amendments to this Treaty shall only be made by
consensus of the Contracting Parties present at the session of the
Governing Body.

This Treaty shall be open for accession by all Members of the FAO
and any States that are not Members of the FAO but are Members
of the United Nations, or any of its specialised 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.

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Article 28

Entry into force

Article 31

Non-parties

28.1.
Subject to the provisions of Article 29.2, this Treaty shall
enter into force on the 90th day after the deposit of the 40th
instrument of ratification, acceptance, approval or accession, pro-
vided that at least 20 instruments of ratification, acceptance,
approval or accession have been deposited by Members of the
FAO.

28.2.
For each Member of the FAO and any State that is not a
Member of the FAO but is a Member of the United Nations, or
any of its specialised 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
40th instrument of ratification, acceptance, approval or accession,
the Treaty shall enter into force on the 90th day following the
deposit of its instrument of ratification, acceptance, approval or
accession.

Article 29

Member Organisations of the FAO

29.1. When a Member Organisation of the FAO deposits an
instrument of ratification, acceptance, approval or accession for
this Treaty, the Member Organisation 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 Constitu-
tion 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 Organisation of the FAO that is a Contracting
Party to this Treaty to provide information as to which, as
between the Member Organisation and its Member States, is
responsible for the implementation of any particular matter cov-
ered by this Treaty. The Member Organisation shall provide this
information within a reasonable time.

29.2.
Instruments of ratification, acceptance, approval, acces-
sion or withdrawal, deposited by a Member Organisation of the
FAO, shall not be counted as additional to those deposited by its
Member States.

The Contracting Parties shall encourage any Member of the FAO
or other State, not a Contracting Party to this Treaty, to accept
this Treaty.

Article 32

Withdrawals

32.1.
Any Contracting Party may at any time after two years
from the date on which this Treaty has entered into force for it,
notify the Depositary in writing of its withdrawal from this
Treaty. The Depositary shall at once inform all Contracting Parties.

32.2. Withdrawal shall take effect one year from the date of
receipt of the notification.

Article 33

Termination

33.1.
This Treaty shall be automatically terminated if and
when, as the result of withdrawals, the number of Contracting
Parties drops below 40, unless the remaining Contracting Parties
unanimously decide otherwise.

33.2.
The Depositary shall inform all remaining Contracting
Parties when the number of Contracting Parties has dropped to
40.

33.3.
In the event of termination the disposition of assets shall
be governed by the financial rules to be adopted by the Govern-
ing Body.

Article 34

Depositary

The Director-General of the FAO shall be the Depositary of this
Treaty.

Article 30

Reservations

Article 35

Authentic texts

No reservations may be made to this Treaty.

The Arabic, Chinese, English, French, Russian and Spanish texts
of this Treaty are equally authentic.

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Annex I

LIST OF CROPS COVERED UNDER THE MULTILATERAL SYSTEM

Food crops

Crop

Observations

Genus

Breadfruit

Asparagus

Oat

Beet

Artocarpus

Asparagus

Avena

Beta

Brassica complex

Brassica et al.

Pigeon pea

Chickpea

Citrus

Coconut

Cajanus

Cicer

Citrus

Cocos

Breadfruit only.

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

Genera Poncirus and Fortunella are included as root stock

Major aroids

Colocasia, Xanthosoma

Major aroids include taro, cocoyam, dasheen and tannia

Carrot

Yams

Finger millet

Strawberry

Sunflower

Barley

Sweet Potato

Grass pea

Lentil

Apple

Cassava

Banana/plantain

Rice

Pearl Millet

Beans

Pea

Rye

Potato

Eggplant

Sorghum

Triticale

Wheat

Faba Bean/Vetch

Cowpea et al.

Maize

Daucus

Dioscorea

Eleusine

Fragaria

Helianthus

Hordeum

Ipomoea

Lathyrus

Lens

Malus

Manihot

Musa

Oryza

Pennisetum

Phaseolus

Pisum

Secale

Solanum

Solanum

Sorghum

Triticosecale

Triticum et al.

Vicia

Vigna

Zea

Manihot esculenta only.

Except Musa textili.

Except Phaseolus polyanthus

Section Tuberosa included, except Solanum phureja.

Section Melongena included

Including Agropyron, Elymus, and Secale.

Excluding Zea perennis, Zea diploperennis, and Zea luxurians

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Forages

Genera

Species

Legumes forages

Astragalus

Canavalia

Coronilla

Hedysarum

Lathyrus

Lespedeza

Lotus

Lupinus

Medicago

Melilotus

Onobrychis

Ornithopus

Prosopis

Pueraria

Trifolium

Grass forages

Andropogon

Agropyron

Agrostis

Alopecurus

Arrhenatherum

Dactylis

Festuca

Lolium

Phalaris

Phleum

Poa

Tripsacum

Other forages

Atriplex

Salsola

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,
resupinatum,
subterraneum,
vesiculosum

hybridum,
rueppellianum,

semipilosum,

incarnatum,

pratense,

gayanus

cristatum, desertorum

stolonifera, tenuis

pratensis

elatius

glomerata

arundinacea, gigantea, heterophylla, ovina, pratensis, rubra

hybridum, multiflorum, perenne, rigidum, temulentum

aquatica, arundinacea

pratense

alpina, annua, pratensis

laxum

halimus, nummularia

vermiculata

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Annex II

Article 5

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 interpreta-
tion or application of which are at issue. If the parties to the dis-
pute do not agree on the subject matter of the dispute before the
President of the tribunal is designated, the arbitral tribunal shall
determine the subject matter. The Secretary shall forward the
information thus received to all Contracting Parties to this Treaty.

Article 2

1.
In disputes between two parties to the 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 arbi-
trator 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 par-
ties to the dispute, nor be employed by any of them, nor have
dealt with the case in any other capacity.

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

Article 6

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

Article 7

The parties to the dispute shall facilitate the work of the arbitral
tribunal and, in particular, using all means at their disposal, shall:

(a) Provide it with all relevant documents, information and facili-

ties; and

(b) Enable it, when necessary, to call witnesses or experts and

receive their evidence.

Article 8

2.
In disputes between more than two Contracting Parties, par-
ties to the dispute with the same interest shall appoint one arbi-
trator jointly by agreement.

The parties to the dispute and the arbitrators are under an obli-
gation to protect the confidentiality of any information they
receive in confidence during the proceedings of the arbitral
tribunal.

Any vacancy shall be filled in the manner prescribed for the

3.
initial appointment.

Article 9

Article 3

1.
If the President of the arbitral tribunal has not been desig-
nated within two months of the appointment of the second arbi-
trator, the Director-General of the FAO shall, at the request of a
party to the dispute, designate the President within a further two-
month period.

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 tribu-
nal shall keep a record of all its costs, and shall furnish a final
statement thereof to the parties to the dispute.

Article 10

If one of the parties to the dispute does not appoint an arbi-
2.
trator within two months of receipt of the request, the other party
may inform the Director-General of the FAO who shall make the
designation within a further two-month period.

Any Contracting Party that has an interest of a legal nature in the
subject-matter of the dispute which may be affected by the deci-
sion in the case, may intervene in the proceedings with the con-
sent of the tribunal.

Article 4

Article 11

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

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

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Article 12

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

Article 13

If one of the parties to the dispute does not appear before the arbi-
tral 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 pro-
ceedings. Before rendering its final decision, the arbitral tribunal
must satisfy itself that the claim is well founded in fact and law.

Article14

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.

Article 16

The award shall be binding on the parties to the dispute. It shall
be without appeal unless the parties to the dispute have agreed in
advance to an appellate procedure.

Article 17

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 mem-
bers, two appointed by each party concerned and a President cho-
sen jointly by those members.

Article 2

In disputes between more than two Contracting Parties, parties to
the dispute with the same interest shall appoint their members of
the commission jointly by agreement. Where two or more par-
ties to the dispute have separate interests or there is a disagree-
ment 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 concili-
ation commission, the Director-General of the 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 cho-
sen within two months of the last of the members of the com-
mission being appointed, the Director-General of the 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 oth-
erwise agree, determine its own procedure. It shall render a pro-
posal for resolution of the dispute, which the parties shall con-
sider in good faith.

Any controversy which may arise between the parties to the dis-
pute as regards the interpretation or manner of implementation
of the final decision may be submitted by either party to the dis-
pute for decision to the arbitral tribunal which rendered it.

Article 6

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

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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 adopted by the FAO Conference at its 31st Session in November 2001, and to inform the
Director-General of the Food and Agriculture Organisation 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 […]

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ANNEX C

Declarations of the European Community

The following declarations shall be attached to the instrument of approval deposited with the Director-General of the FAO:

1.

2.

3.

‘The European Community interprets Article 12.3d of the International Treaty on Plant Genetic Resources as recogn-
ising 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 the 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).’