1. Options for governing the microbial commons informed by the need to bridge the 1993 CBD divide Microbial Commons National Academy of Science October 8-9, 2009 Washington Michael Halewood

2. Article 15. Access to Genetic Resources 1. Recognizing the sovereign rights of States over their natural resources, the authority to determine access to genetic resources rests with the national governments and is subject to national legislation. 3. […] only those that are provided by Contracting Parties that are countries of origin of such resources or by the Parties that have acquired the genetic resources in accordance with this Convention. 4. […] on mutually agreed terms […] 5. […] subject to prior informed consent

3. % of collections acquired before/after CBD 1993 50%

4. How to get post 1993 acquisitions into the commons? 1993

6. Bridging the 1993 divide 1993

7. Intergovernmental space/support International Treaty (e.g. ITPGRFA) In-trust agreements between collections or countries and intergov body (CGRFA, 1994 FAO- CGIAR) Non-legally binding guidelines, codes of conduct (FAO International code of conduct for plant germplasm collecting and transfer, Bonn Guidelines) Some form of endorsement of novel arrangements

8. Intergovernmental Fora? All options have to be considered in the context of the ongoing negotiations of the International Regime under the CBD

9. International Regime draft text on ‘scope’ 4. [The International Regime on Access and Benefit-sharing should provide [[flexibility] to respect] existing [and allow for the implementation and potential and further development of other, more] [specialized international access and benefit- sharing systems].] [The international regime on access and benefit-sharing will not apply if and in so far as [determined by the Governing Body of the international regime,] other more specialized international access and benefit-sharing systems apply.] [Nothing in the international regime will prevent the development, recognition and accommodation of intergovernmental agreements relating to access and benefit- sharing [, which as determined by the Governing Body of the international regime,] [achieves] that achieve the objectives of the Convention on Biological Diversity and are consistent with the provisions of the international regime.]

10. Intergovernmental Fora CGRFA work on ABS http://www.fao.org/nr/cgrfa/cgrfa- mypow/en/?no_cache=1

11. Intergovernmental fora Coordinated outputs at multiple fora –CBD, CGRFA, UNFCC, WHO

12. Thank you