The International Treaty on Plant Genetic Resources for Food and Agriculture Kent Nnadozie

1. The International Treaty on Plant Genetic Resources for Food and AgricultureKent Nnadozie http://www.planttreaty.org http://www.planttreaty.org

2. The Treaty deals with plant genetic resources for food and agriculture • What is special about genetic resources for food and agriculture? • How do they differ from other genetic resources?

3. The centres of diversity of some major plants

4. So what is special about agricultural genetic resources? • To feed the world, we all need these resources. • Agricultural resources have been shared and exchanged over thousands of years. Mostly it is impossible to identify a single country of origin. • Countries and regions are “interdependent”: they all depend for their food and agriculture on crops that originated elsewhere.

5. The Treaty is more than just access and benefit-sharing • Objectives: conservation and sustainable use, fair and equitable benefit-sharing, for sustainable agriculture and food security • Scope: all PGRFA • Recognises farmers’ rights • Funding Strategy for developing countries

6. The scope of the Treaty is all plant genetic resources for food and agriculture J. T.Esquinas J.T.Esquinas J. T.Esquinas J. T. Esquinas

7. Article 5: Conservation, Exploration, Collection, Characterization, Evaluation and Documentation Each Contracting party shall … , in cooperation with other Contracting Parties …, promote an integrated approach to the exploration, conservation and sustainable use of plant genetic resources for food and agriculture

8. Article 6: Sustainable Use of Plant Genetic Resources 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.

9. Article 9: Farmers’ Rights • Recognition of the enormous contribution that farmers and their communities have made and continue to make to the conservation and development of plant genetic resources. • Farmers’ Rights include the protection of traditional knowledge and the right to participate equitably in benefit-sharing and in national decision-making about plant genetic resources. • National Governments are responsible for realizing these rights. J.T. Esquinas

10. ABS Challenge for the Treaty • How to construct an internationally agreed framework for the conservation and sustainable use of plant genetic resources for food and agriculture, and the fair and equitable sharing of the benefits, within this increasing privatization, and in the context of a continuing loss of biological diversity

11. The Multilateral System of Access and Benefit-sharing • The Treaty establishes a multilateral system, 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 their use. • It applies to a list of crops established according to criteria of food security and interdependence • These provide about 80% of our food from plants

12. The Multilateral System “pools” these crucial plant genetic resources • They are available under a Standard Material Transfer Agreement (SMTA) • There is no tracking of individual accessions • Recipients must continue to make the materials received available • “Intellectual property or other rights that limit access to the plant genetic resources for food and agriculture, or their genetic parts and components, in the form received from the Multilateral System” may not be claimed

13. Benefit-sharing • Because these genetic resources are pooled, there is no individual owner with whom individual contracts for access and benefit-sharing must be negotiated • This means there are very low transaction costs, to the benefit of farmers, plant breeders and researchers, and ultimately of consumers • It also means that benefits must be shared in a pooled, multilateral way

14. Administering a public good under private contract? • Two challenges and innovative solutions: • How to ensure uniformity across jurisdictions • Binding international arbitration • How to vindicate the Treaty’s rights • Contractual recognition of a ‘third party beneficial interest’ and appointment of the ‘third party beneficiary’

15. The Multilateral System • Neutral as to intellectual property rights • Mandatory payment of 1.1% of sales (-30%), when product is not freely available for research and breeding • Voluntary payment when it is • All non-confidential research information shall be made available • Alternative payment: access to a whole crop for 0.5% of all sales of that crop

16. Benefits of the MLS • MLS now a day-to-day operational system; • Access itself • Low transaction costs • Overcomes market failure • Provides public and private breeders with a wide range of resources • Contributes to food security • Provides the industry with a clear framework in which to plan investment

17. Standard Material Transfer Agreement (SMTA) • Contracting Parties beginning to apply it; • Toolkits planned for application of SMTA • Establishment of information technology infrastructure • SMTA being applied worldwide by CGIAR; • 89,000 transfers within 8 months; • increasing private sector interest & involvement

18. Transfers of rice germplasm under SMTAs from CGIAR Centers – by type of genetic material and IARC

19. Transfers of rice germplasm under SMTAs from IRRI – global IRRI transfers by Sector Illustrative only

20. Transfers of rice germplasm under SMTAs from IRRI – by sector and country Illustrative only

21. Transfers of rice germplasm under SMTAs from IRRI – by month of 2007

22. Recent Progress –The Multilateral System • An information infrastructure for the MLS: • Prototypes done: • Ordering Toolkit (OTK) • PID server • Data Warehouse • Gene-IT software • Expected online launch summer 2008

23. On-line web service replication e.g. for SMTA purposes Rice Registry WARDA IRRI Web Web The Global Information System Strategy SINGER Fast Internet Web Who has what? Rice please… Illustrative only

24. The Global Information System Strategy Global accession level information system Who has what? • Central registry of cooperators (login/password) • Central registry of requests • Central germplasm distribution system… Web Rice please… Global Chickpea registry Global Rice registry Web service Web service Web Web • NARS • CG Centres • International • Genebanks… • Individuals • etc… Web service Web service Web service Web service

25. GB CIAT 123 CIAT 127 CIAT 167 CIAT 199 PI 1234 PI 76548PI 23490 PI 34561 BA 1256 BA 3456 USDA CGIAR Brazil X The Global Information System Strategy Global Registry Web I want to order! We report!

26. FAO COMMISSION ON GENETIC RESOURCES FOR FOOD AND AGRICULTURE • 1OTH SESSION (2005): • FAO and the Commission contribute to further work on ABS, in order to ensure that it move in a direction supportive of the special needs of the agricultural sector - all components of biological diversity of interest to food and agriculture; • 11TH SESSION (2006): • FAO continue to focus on ABS for GRFA in an integrated and interdisciplinary manner, on all components of biodiversity for food and agriculture – Multi-Year Programme of Work • 12th SESSION (2009): • will consider the development of policies and arrangements for ABS for genetic resources for food and agriculture as a priority in its MYPOW

27. Conclusions • the Treaty provides a framework for international collaboration in PGRFA, in harmony with the CBD; • the Treaty raises the profile of PGRFA in the world, to better recognition of the importance of its sustainable utilization • the only binding ABS system already fully operational today internationally; • provisions of the Treaty will impact upon daily operations of genebanks, plant breeders, seed producers and farmers • Outstanding legal issues and practical challenges