The International Treaty on Plant Genetic Resources for Food and Agriculture and The Convention on Biological Diversity Training Workshop The International Treaty on Plant Genetic Resources for Food and Agriculture – The conservation of Crop Wild Relatives in Armenia Yerevan, 15 December 2005

The International Treaty: Related International Instruments  The IT is not developing in isolation  Some texts governing plant genetic materials:  CBD - Convention on Biological Diversity  TRIPS - Agreement on Trade-Related Aspects of Intellectual Property  Regional instruments  Non-binding instruments

The Convention on Biological Diversity (1992)  deals with conservation of biological diversity sustainable use of biological resources equitable sharing of the benefits accruing from the utilisation of genetic resources  lays down objectives and sets out policies to be followed  balance between: national sovereignty over natural resources international common responsibility for conservation of biodiversity  recognises the role of the indigenous and local communities in the conservation of biological diversity

CBD and the access to genetic resources The CBD provides for: a) access to genetic resources b) access to the corresponding technologies c) access by the countries supplying genetic resources to the benefits arising out of their use

a)Access to genetic resources Art Authority to determine access to genetic resources rests with the national governments and is subject to national legislation Art Access, where granted, shall be on mutually agreed terms Art Access to genetic resources shall be subject to prior informed consent of the Contracting Party providing such resources CBD and the access to genetic resources

b)Access to and transfer of technology Art Each Contracting Party shall provide and/or facilitate access for and transfer to other Contracting Parties of technologies including biotechnology that are relevant to the conservation and sustainable use of biological diversity or make use of genetic resources. Art Each Contracting Party shall take measures with the aim that Contracting Parties which provide genetic resources are provided access to and transfer of technology which makes use of those resources, on mutually agreed terms, including technology protected by patents and other intellectual property rights.

CBD and the access to genetic resources c)Access to the benefits arising out of the use of genetic resources Art Contracting Parties shall take legislative, administrative or policy measures with the aim of sharing in a fair and equitable way the results of research and development and the benefits arising from the commercial and other utilization of genetic resources with the Contracting Party providing such resources. Art Contracting Parties shall take measures to promote and advance priority access on a fair and equitable basis by Contracting Parties, especially developing countries, to the results and benefits arising from biotechnologies based upon genetic resources provided by those Contracting Parties.

The IT-PGRFA and the CBD Art The Treaty’s objectives will be attained by closely linking the Treaty to the FAO and to the CBD

The IT-PGRFA and the CBD: The Multilateral System  The Multilateral System may be considered to be an alternative model for the multilateral application of the provisions of the CBD in the field of the plant genetic resources for food and agriculture set out in Annex 1  For other plant genetic resources the conditions agreed by common accord under the CBD apply

The Bonn Guidelines on Access to Genetic Resources  COP Decision VI/24  Voluntary Guidelines address national measures on access to genetic resources with prior informed consent and benefit sharing  Provide approaches in developing ABS strategies, and in negotiating contractual arrangements for ABS  Identify the steps in the ABS process and the requirements for mutually agreed terms, with the involvement of all stakeholders

CBD’s COP Decisions and the IT-PGRFA  COP VI/6 (2002) recognizes the role of the IT-PGRFA for the conservation and sustainable use of PGRFA, and appeals to Parties and to give priority consideration to its ratification  COP VII/3 (2004) urges Parties to ratify the IT-PGRFA

FAO, Seed and Plant Genetic Resources Service