CIP upholds letter & spirit of FAO agreement

TITLE: Potato Center Upholds Letter and Spirit of FAO Agreement AUTHOR: Dr Hubert Zandstra PUBLICATION: Submitted for posting on BIO-IPR DATE: 9 April 2001 NOTE: The following is a reply from the Director-General of CIP to the notice issued by Dr Zosimo Huaman which BIO-IPR circulated on 7 April.

POTATO CENTER UPHOLDS LETTER AND SPIRIT OF FAO AGREEMENT

Policy Panel Says Claims of Unethical Germplasm Distribution Unfounded

Allegations that the International Potato Center (CIP) had unethically distributed yacon germplasm were recently judged to be unfounded by the CGIAR?s ranking policy advisory committee on genetic resources.

The basis of the allegation made by Dr. Zozimo Huaman, former curator of CIP-held collections, was that five accessions that the Center provided to Peru?s Ministry of Agriculture were subsequently redistributed to Japan in contravention of CIP?s agreement with the United Nations Food and Agriculture Organization (FAO).

Yacón (Smallanthus sonchifolius) is a relatively rare Andean root crop that is high in a natural sugar that cannot be absorbed by the human body. Researchers theorize that it may one day prove useful as a sweetener for people suffering from diabetes. Dr. Huaman believes that CIP should not have provided Yacon germplasm to the Peruvian government if it knew that it would be redistributed to Japan.

Upon learning of Dr. Huaman?s allegation, CIP asked the Genetic Resources Policy Committee (GRPC) to determine if any violation of the FAO agreement had occurred. The GRPC is an independent advisory committee made up of internationally-known scientists as well as representatives of the NGO community, private sector, and developing and developed country governments. The Committee is chaired by Dr. M. S. Swaminathan. Dr. Huaman requested the GPRC to make a similar assessment.

A copy of the Committee?s full statement on this matter is attached. To summarize, the committee stated:

?? CIP sent the Ministry of Agriculture of Peru the requested material in full conformity with the Agreement it had signed with FAO ?The Ministry of Agriculture then, in execution of Peru's sovereign rights, sent it on to Japan, a decision CIP neither has power to prevent nor in which it has the right to interfere.

The Committee commends CIP for its proper management of this germplasm held ?in-trust? under the auspices of FAO, and, in the context of a complex situation, for its strict adherence to the requirements of the Agreement with FAO.?

CIP is proud of its 30-year record of germplasm exploration and management, and remains committed to the free, safe, and equitable distribution of the genetic resources that it holds in trust under the FAO agreement.

Hubert Zandstra Director General CIP-DG(at)CGIAR.ORG

April 9, 2001

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Report of the 12th Session of the Genetic Resources Policy Committee, Aurangabad, India, February 20-23, 2001

?The Committee also discussed recent allegations by some critics concerning an infringement by the International Potato Centre (CIP) of its agreement with FAO. The Committee was requested to place this item on its agenda by CIP and by the NGO alleging that CIP had acted improperly. The Committee thus had access to information from both the critics of CIP and CIP itself. In summary, the incident concerns the transfer of approximately five accessions of yacon, an Andean root and tuber crop. CIP had originally acquired these materials from Peru. Initially, Japan requested access to these materials, which CIP had designated under its agreement with FAO. CIP indicated to Japan that the requested accessions may be diseased, and stated that it would transfer them only with the proper phytosanitary certificates. While access under the FAO-CGIAR agreements is ensured to all countries, the Second Joint Statement between FAO and the CGIAR Centers concerning this Agreement does not oblige Centers to distribute samples that do not meet health or quarantine standards. Subsequently, the Ministry of Agriculture of Peru requested restoration of these same materials. Under Article 9 of the FAO-CGIAR Agreements, CIP is required to supply materials to the country that provided them. In returning material to the country that supplied it, Article 9 provides that the ?recipient? is not bound by the same obligations as other recipients. Specifically, no Material Transfer Agreement is used when restoring such germplasm. CIP therefore supplied the materials to the Ministry of Agriculture of Peru, noting their questionable health status. The Ministry of Agriculture subsequently supplied yacon materials - presumably those that had been provided by CIP - to Japan. Critics contend that Japan should not have received these materials and that CIP is morally and/or legally responsible for what they claim to have been an improper transfer of these genetic resources to Japan. After thorough discussion, the Committee made the following observations:

1. Upon request, CIP sent the Ministry of Agriculture of Peru the requested material in full conformity with the Agreement it had signed with FAO, and in particular with regards to the restoration of material to the country originally providing it. The Ministry of Agriculture then, in execution of Peru's sovereign rights, sent it on to Japan, a decision CIP neither has power to prevent nor in which it has the right to interfere.

2. On the basis of the information provided by CIP and the party making the allegations, the Committee thus concluded that CIP acted both ethically, and in complete accordance with the FAO-CGIAR Agreements.