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International Treaty on Plant Genetic Resources for Food and Agriculture

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International Treaty on Plant Genetic Resources for Food and Agriculture
International Treaty on Plant Genetic Resources for Food and Agriculture
Arthur Shlain · CC BY 3.0 · source
NameInternational Treaty on Plant Genetic Resources for Food and Agriculture
Date signed2001-11-03
Location signedRome, Italy
Effective date2004-06-29
Signatories91
Parties148
DepositaryFood and Agriculture Organization

International Treaty on Plant Genetic Resources for Food and Agriculture The International Treaty on Plant Genetic Resources for Food and Agriculture is a multilateral treaty concluded under the auspices of the Food and Agriculture Organization in Rome in 2001 and entering into force in 2004, aimed at facilitating conservation and sustainable use of plant genetic resources and fair share of benefits to farmers and indigenous peoples. Negotiations involved delegates from United States, Brazil, India, China, European Union, Kenya, Australia, Norway, and Cuba among others, and it interacts with instruments such as the Convention on Biological Diversity, the Nagoya Protocol, and the International Treaty on Plant Genetic Resources for Food and Agriculture's Multilateral System.

Background and Overview

The Treaty emerged from decades of work by the Food and Agriculture Organization, the Commission on Genetic Resources for Food and Agriculture, and conferences including the World Food Summit (1996), the Convention on Biological Diversity (1992) negotiations, and technical meetings in Rome and Geneva. Drafting involved actors such as FAO Director-General offices, delegations from United States Department of Agriculture, India Ministry of Agriculture, representatives of International Rice Research Institute, Consultative Group on International Agricultural Research, International Maize and Wheat Improvement Center, and civil society organizations like Greenpeace and the World Resources Institute. Framing drew on precedents set by the UPOV Convention, the International Union for Conservation of Nature, and policy debates at the World Trade Organization.

Objectives and Scope

The Treaty sets objectives to ensure conservation of crop diversity represented in genebanks such as Svalbard Global Seed Vault, CGIAR collections, and national repositories like the US National Plant Germplasm System; to facilitate access through an access and benefit-sharing mechanism referenced to crops listed in the Treaty’s Annex I; and to promote farmers’ rights recognizing contributions from communities such as the Aymara, Maya, Hmong, Zulu, and Sámi. Scope covers 64 crops and forages in Annex I, integrating plant genetic material exchanged among institutions like the Royal Botanic Gardens, Kew, NordGen, Centre for Genetic Resources, the Netherlands, and Seed Savers Exchange.

Multilateral System and Access and Benefit-Sharing

Central to the Treaty is the Multilateral System (MLS) for access to Annex I materials under the Standard Material Transfer Agreement (SMTA), negotiated with inputs from World Intellectual Property Organization, the World Trade Organization, European Commission, African Union, Association of Southeast Asian Nations, and representative delegations from Mexico, Peru, Ethiopia, and Indonesia. The MLS links to benefit-sharing measures including monetary payments, technology transfer through institutions like Bioversity International and CIMMYT, and non-monetary benefits such as capacity-building with universities like University of California, Davis, Wageningen University, and University of the Philippines Los Baños. Parties debated intellectual property themes vis-à-vis TRIPS Agreement and patent offices including the United States Patent and Trademark Office and the European Patent Office.

Governance, Funding and Implementation

Governance is vested in the Governing Body composed of state parties, with subsidiary bodies and a Secretariat hosted by the Food and Agriculture Organization in Rome. Funding mechanisms include voluntary contributions from states such as United States, Japan, Germany, from philanthropic entities like the Bill & Melinda Gates Foundation, and from multilateral funds including the Global Environment Facility. Implementation engages national focal points in ministries such as Ministry of Agriculture (India), customs agencies, genebanks like National Genebank of India, and research institutes including International Potato Center and ICARDA. Compliance intersects with reporting under FAO Commission on Genetic Resources for Food and Agriculture.

Impact and Criticism

The Treaty contributed to increased sharing of seed material among CGIAR centers, national genebanks, and community seed networks like Navdanya, and influenced policy reforms in countries including Mexico, Ethiopia, Kenya, and Philippines. Critics from organizations such as Friends of the Earth and scholars at University of Cambridge and London School of Economics argue that benefits to smallholder farmers remain limited, that ABS flows are insufficient compared to expectations voiced at the World Summit on Sustainable Development (2002), and that overlaps with the Nagoya Protocol and patent regimes create legal uncertainty for breeders at institutions like Syngenta and Bayer. Debates have also involved Seed Treaty implementation in contexts of climate change discussed at Conference of the Parties to the UNFCCC sessions.

The Treaty’s text provides procedures for amendment adopted by the Governing Body and has been the subject of proposals addressing inclusion of additional crops and integration with the Nagoya Protocol and TRIPS Council dialogues. Complementary instruments include the SMTA, FAO voluntary guidelines on seed, the International Code of Conduct for Plant Germplasm Exchange, and partnerships with CGIAR and regional bodies such as ASARECA and CORAF. Ongoing negotiations have considered linkage to the Svalbard Global Seed Vault arrangements and cooperation with World Intellectual Property Organization initiatives.

Category:International treaties