الرحيم الرحمن الله بسم

Dr. Abeer ElhalwagiSenior Researcher – National Gene Bank of Egypt

The International Treaty on Plant

Genetic Resources for Food and

Agriculture

(ITPGRFA)

What is special about plant genetic resources for food and agriculture?• PGRFA “means any genetic material of plant origin of actual or

potential value for food and agriculture.

What makes PGRFA different?

• Special nature of plant genetic resources for food and

agriculture.

• Importance of PGRFA for food security.

• Importance of PGRFA for breeding.

• Interdependence of countries on PGRFA.

All countries interdependent on PGRFA

Exchange of PGRFA essential for Agriculture

Special needs for access to PGRFA:

• Need to allow for continued exchange of PGRFA and access to

PGRFA in centers of origin and diversity.

• Need to allow access as easily as possible and to reduce

transaction costs.

• Need for easy, efficient and equitable system of benefit-

sharing.

Background of the International Treaty on Plant Genetic resources for food and Agriculture (ITPGRFA)

The Convention on Biological Diversity (CBD) was adopted in 1992 and

entered into force in 1993.

CBD recognized that exceptional issues of PGRFA need to be settled within

the FAO Global System on PGRFA.

Treaty negotiated in FAO Commission on Genetic Resources for Food and

Agriculture.

Treaty deals with special problems of PGRFA.

Treaty is in harmony with CBD.

Treaty was adopted by FAO Conference, 3 November 2001.

International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA)Objectives:

• The conservation and sustainable use of plant genetic

resources for food and agriculture.

• The fair and equitable sharing of benefits derived from

their use, in harmony with the Convention on Biological

Diversity, for sustainable agriculture and food security.

Participating countries: 127 (126 countries and the EU) as of24 October 2010.

Main elements of the Treaty The Treaty applies to all PGRFA. The Treaty . . .• Sets out general provisions regarding the conservation and

sustainable use of PGRFA.• Establishes a multilateral system of access and benefit sharing

(MLS) for PGRFA of the most important crops (Annex 1) deals with supporting components, including the collections held by the CG Centres.

• Establishes institutional structures to implement its provisions.

The treaty consists of VII parts, 35 articles (www.planttreaty.com).

MLS

• On ratifying the Treaty, countries agree to make their genetic

diversity and related information about the crops stored in their

gene banks available to all through the Multilateral System (MLS).

• Part IV of the ITPGRFA

The multilateral system of access

and benefit- sharing (Articles 10 -13)

MLS applies to PGRFA of crops, this cover

• List of crops based on importance for food security and

interdependence (64 crop)

• Multilateral agreement on rules regarding facilitated access

• Multilateral agreement on rules regarding benefit sharing

Crops included in the MLS35 genera of food crops and 29 forage species, including all major “CGIAR crops”Except:Groundnut, Soybean and Tropical foragesAlso not yet included: Phaseolus polyanthus, Solanum phureja, Musatextilis, Zea perennis / Zea diploperennis / Zea luxurians, minor millets, Aegelops, Most fruits, berries and many vegetables (e.g., onion, Cucumis, grape, olive, Cucurbita), Sugarcane. Major „industrial‟ and „non-food‟ crops (e.g., rubber, oil palm, tea, coffee, cacao, tobacco)Notable inclusions:Brassica complex („Brassica, et al.‟), Lathyrus and some not-so- major crops

Benefit-sharingBenefit-sharing includes• Facilitated access is itself a major benefit • Exchange of information• Access to and transfer of technology• Capacity-building• The sharing of monetary and other benefits of commercialization Part of the monetary benefits to be placed into an International

Benefit-Sharing Fund, which is to support conservation and crop improvement efforts, especially by small scale farmers in developing countries.

The Benefit-sharing Fund • Based on Art. 19.3 of the Treaty Establish an appropriate

mechanism for receiving and utilizing financial resources that will accrue to it.

• Third Governing Body (GB-3) adopted a strategic plan for the implementation of the Benefit-sharing Fund of the Funding Strategy a target of US$ 116 million between July 2009 and December 2014.

• Project cycle established Call for proposals, appraisal of proposals, granting, disbursement of funds, project monitoring

Project cycles • First pilot cycle 2008/2009 11 projects, small US$ 50K grants

• Second cycle 2010/2011 19 projects of US$ 300 – 400K Strategic action plans, immediate action projects

• Third cycle planned 2013/2014 US$ 7 million available

The Standard Material Transfer Agreement (SMTA)

• A material transfer agreement (MTA) is the legal contract between

a provider and a recipient that sets out the terms and conditions

under which plant genetic resources are transferred.

• The SMTA is a commercial contract drafted through international

negotiations.

Obligations of the provider To make material under the multilateral system available expeditiously and

free of charge.

To do so under the SMTA

To list the material provided in the SMTA annex

To inform the Treaty’s governing body about the SMTAs entered into:• The governing body has adopted a schedule and requirements for reporting.• Secretariat has provided a website to facilitate reporting on SMTAs.

Rights of the recipient Recipient can use the material for research, or for breeding or

training.

Recipient can develop new PGRFA products from the material and can protect them and commercialize them.

But recipient cannot use materials for other purposes or for uses outside food and agriculture

Obligations of the recipient

Not to take out IPRs over the material accessed from the multilateral system that restrict its availability to others

To make available to the multilateral system non-confidential information resulting from research and development on the material

To make a mandatory payment to the multilateral system if the recipient . . .

develops a new PGRFA product derived from the material and commercializes the new product and restricts the availability of the new product to others for further research or breeding If further availability is not restricted, then payments are voluntary

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 gene

banks, plant breeders, seed producers and farmers• Outstanding legal issues and practical challenges

Thank youThank you