1. Law & Policy of Relevance to the Management of Plant Genetic Resources - 1.3A.1 Objective of Session 3A To identify problematic elements of restrictive legislation and discuss how these could be changed

2. Law & Policy of Relevance to the Management of Plant Genetic Resources - 1.3A.2 FAO International Treaty Preamble Part I. Introduction 1. Objectives 2. Use of Terms 3. Scope Part II. General Provisions 4. General Obligations 5. Conservation, Exploration, Collection, Characterization, Evaluation & Documentation 6. Sustainable Use of PGR 7. National Commitments and International Cooperation 8. Technical Assistance

3. Law & Policy of Relevance to the Management of Plant Genetic Resources - 1.3A.3 FAO International Treaty Part III. Farmers’ Rights 9. Farmers’ Rights Part IV. The Multilateral System of Access and Benefit-sharing 10. Multilateral System of Access and Benefit-sharing 11. Coverage of the Multilateral System 12. Facilitated Access to PGRFA Within the Multilateral System 13. Benefit-sharing in the Multilateral System Part V. Supporting Components 14. Global Plan of Action 15. Ex-Situ Collections of PGRFA Held by IARCs of CGIAR & other Int’l Institutions 16. International PGR Networks 17. The Global PGRFA Information System

4. Law & Policy of Relevance to the Management of Plant Genetic Resources - 1.3A.4 FAO International Treaty Part VI. Financial Provisions 18. Financial Resources Part VII. Institutional Provisions 19. Governing Body 20. Secretary 21. Compliance 22. Settlement of Disputes 23. Amendments of the Treaty 24. Amendments of Annexes 25. Signature 26. Ratification, Acceptance or Approval 27. Accession 28. Entry into Force

5. Law & Policy of Relevance to the Management of Plant Genetic Resources - 1.3A.5 29. Member Organizations of FAO 30. Reservations 31. Non-Parties 32. Withdrawals 33. Termination 34. Depositary 35. Authentic Texts FAO International Treaty

6. Law & Policy of Relevance to the Management of Plant Genetic Resources - 1.3A.6 FAO International Treaty Annex I. List of Crops Covered Under the Multilateral System Annex II. Arbitration (17 Articles), Conciliation (6 Articles)

7. Law & Policy of Relevance to the Management of Plant Genetic Resources - 1.3A.7 FAO International Treaty Part II. General Provisions 5. Conservation, Exploration, Collection, Characterization, Evaluation & Documentation Survey & Inventory Assess any threats Promote collection Support local management & in-situ conservation Promote development of an efficient and sustainable system of ex-situ conservation Monitor collections

8. Law & Policy of Relevance to the Management of Plant Genetic Resources - 1.3A.8 FAO International Treaty 6. Sustainable Use of PGR Pursue policies that maximize intra & inter specific variation Promote plant breeding w/ participation of farmers Broaden genetic base Promote use of a diversity of varieties 7. National Commitments and International Cooperation Parties shall cooperate to strengthen capacity & institutional arrangements Strengthen or establish funding mechanism to finance PGRFA work 8. Technical Assistance Parties agree to promote it

9. Law & Policy of Relevance to the Management of Plant Genetic Resources - 1.3A.9 FAO International Treaty 9. Farmers’ Rights Parties recognize the contribution of farmers Responsibility for realization rests with national governments Each Party (in accordance with needs and priorities and as appropriate) shall take measures to protect and promote:  traditional knowledge  the right to participate in benefit sharing  the right to participate in decision making Article 9 does not limit “any rights that farmers have to save, use, exchange and sell farm-saved seed / propagating material subject to national law and as appropriate”

10. Law & Policy of Relevance to the Management of Plant Genetic Resources - 1.3A.10 FAO International Treaty Annex I. List of Crops for the Multilateral System 35 genera of food crops, and 29 forage species, including all major “CGIAR crops” except:  groundnut  soybean  tropical forages also excluded: Phaseolus polyanthus, Solanum phureja, Musa textilis, Zea perennis / Zea diploperennis / Zea luxurians / minor millets / Aegelops In the case of cassava, only Manihot esculenta is included

11. Law & Policy of Relevance to the Management of Plant Genetic Resources - 1.3A.11 FAO International Treaty Other notable exclusions:  Most fruits, berries and many vegetables – E.g., Tomato, onion, Cucumis, grape, olive, Cucurbita  Sugarcane  Major “industrial” and “non-food” crops,” e.g. rubber, oil palm, tea, coffee, cacao, tobacco Notable inclusions: “Triticum, et al., ” Brassica complex (“Brassica, et al.”), Lathyrus, and some not-so-major crops

12. Law & Policy of Relevance to the Management of Plant Genetic Resources - 1.3A.12 FAO International Treaty 10. Multilateral System of Access and Benefit-sharing  Parties recognize their sovereign rights, and in exercise of those rights agree to establish a multilateral system to facilitate access and to share benefits arising from utilization of PGRFA 11. Coverage of the Multilateral System  Multilateral system includes all PGRFA in Annex I that are “under the management and control of Contracting Parties and in the public domain” – Annex I. is established “according to criteria of food security and interdependence”

13. Law & Policy of Relevance to the Management of Plant Genetic Resources - 1.3A.13 FAO International Treaty How is the Multilateral System Going to Work? Access Parties will provide “facilitated access” to PGRFA on Annex I  Access is to PGRFA only – Not for chemical/pharmaceutical/non-food uses  Access includes access to associated info.  Access to materials under development or subject to IPRs is at the discretion of the owner during the period of development  Access is provided subject to the terms of an MTA  The MTA will:  Bind recipients and further recipients  Include benefit-sharing arrangements

14. Law & Policy of Relevance to the Management of Plant Genetic Resources - 1.3A.14 FAO International Treaty Benefit-sharing  Payments will be made into the IT’s financial mechanism when:  The recipient commercializes a product that is a PGRFA that incorporates accessed material, and protects it with IPRs – Except when the product is available without restriction to others for further research and breeding

15. Law & Policy of Relevance to the Management of Plant Genetic Resources - 1.3A.15 The International Centre's Role & Obligations in the Multilateral System 1. Access by Centres is on terms identical to those of Parties Parties are encouraged to give access to non-Annex I PGRFA 2. Centres will use the same MTA used by Parties to distribute Annex I. materials to Parties 3. Access (by Parties) to non-Annex, pre-Treaty materials will be on the basis of the current MTA to be amended, by consensus, by the Governing Body in consultation with the CG

16. Law & Policy of Relevance to the Management of Plant Genetic Resources - 1.3A.16 The International Centre's Role & Obligations in the Multilateral System Other conditions pertaining to these materials: a) IARCs will periodically inform Governing Body of MTAs concluded b) Materials will be provided on demand to Parties in whose territory they were collected in in-situ conditions c) Benefits arising under the MTA will accrue to the financial mechanism and be applied towards conservation & utilization of those crops d) IARCs will take “appropriate measures, in accordance with their capacity, to maintain effective compliance with the MTA”

17. Law & Policy of Relevance to the Management of Plant Genetic Resources - 1.3A.17 The International Centre's Role & Obligations in the Multilateral System 1.IARCs recognize authority of Governing Body “to provide policy guidance relating to the ex situ collections…” 2. Other provisions similar to current FAO-CGIAR Agreements a) Facilities under authority of the IARCs; FAO has the right to inspect b) FAO Secretariat shall assist (with approval of host country) in cases of force majeure