TITLE: International Convention on Plant Genetic Resources for Food and Agriculture Approved by FAO Conference AUTHOR: UN Food and Agriculture Organisation (FAO) PUBLICATION: FAO Press Release 01/81 C5 DATE: 3 November 2001 URL: http://www.fao.org/WAICENT/OIS/PRESS_NE/PRESSENG/2001/pren0 181.htm NOTE: On 3 November, the renegotiation of the FAO International Undertaking on Plant Genetic Resources came to an end. The revised text is called the "International Convention on Plant Genetic Resources for Food and Agriculture". It was adopted through a vote: 116 countries in favour, two countries abstaining (Japan and the USA). The final round of negotiation last week was marked by the expected controversies: whether the treaty would be subordinate to global trade rules set by WTO, what it would allow for in terms of intellectual property rights on genetic materials, and which crops would form part of the "multilateral system" of access and benefit-sharing that it establishes. The IPR provision that was finally agreed to says: "Recipients [of germplasm] shall not claim any intellectual property or other rights that limit the facilitated access to the plant genetic resources for food and agriculture, or their genetic parts or components, in the form received from the Multilateral System". The US, Japan, Canada and a few others tried to get this deleted at the last minute, but they were outnumbered. NGOs attending the Conference criticised the Convention's weaknesses and ambiguities, but urged ratification to move forward in clarifying and implementing its provisions. FAO Press Release 01/81 C5 INTERNATIONAL CONVENTION ON PLANT GENETIC RESOURCES FOR FOOD AND AGRICULTURE APPROVED BY FAO CONFERENCE Rome, 3 November 2001. - An International Convention on Plant Genetic Resources for Food and Agriculture approved today by the Conference of the UN Food and Agriculture Organization (FAO), will ensure better use of plant genetic diversity to meet the challenge of eradicating world hunger. The International Convention on Plant Genetic Resources for Food and Agriculture is a unique comprehensive international agreement. It takes into consideration the particular needs of farmers and plant breeders, and aims to guarantee the future availability of the diversity of plant genetic resources for food and agriculture on which they depend, and the fair and equitable sharing of the benefits, FAO experts say. The International Convention is in harmony with the Convention on Biological Diversity (CBD) which was adopted in 1992 as the first international binding agreement covering biodiversity. In 1994, the FAO initiated an inter-governmental negotiating process for the revision of the 1983 International Undertaking on Plant Genetic Resources for Food and Agriculture, in order to adopt it as a legally binding agreement, in harmony with the CBD. The parties at this Convention have recognized the distinct characteristics and problems of agro-biodiversity and the need for specific solutions to be developed by FAO. The long and complex negotiating process, which gave birth to the new Convention, has been led by Ambassador Fernando Gerbasi of Venezuela, Chairman of the FAO Commission on Genetic Resources for Food and Agriculture (CGRFA). This new legally binding international agreement - which will enter into force when ratified by at least 40 States - provides a framework to ensure access to plant genetic resources, and to related knowledge, technologies, and internationally agreed funding. It also provides the agricultural sector with a multilateral tool to promote cooperation and synergy with other sectors, particularly with trade and the environment. "The International Convention on Plant Genetic Resources for Food and Agriculture is at the crossroads where agriculture, environment and trade meet. It is a major international instrument reflecting the significance of access and benefit sharing as the basis for continued and sustainable utilization of plant genetic resources for food and agriculture," FAO Director-General Dr. Jacques Diouf said. "The approval by the FAO Conference of this International Convention on Plant Genetic Resources for Food and Agriculture is a milestone in international cooperation. It is the successful outcome of lengthy negotiations which started in November 1994 among FAO's Member States," Dr.Diouf added. The Convention revises the previous International Undertaking, which was adopted by the FAO Conference in 1983 as an instrument to promote international harmony in matters regarding access to plant genetic resources for food and agriculture. It recognized Farmers' Rights as being complementary to plant Breeders' Rights. One hundred and thirteen countries have adhered to the original International Undertaking, which seeks to "ensure that plant genetic resources of economic and/or social interest, particularly for agriculture, will be explored, preserved, evaluated and made available for plant breeding and scientific purposes." The International Undertaking is monitored by FAO's CGRFA, a permanent forum for debate created in 1983 and currently composed of 160 Member Countries, which will now act as the Interim Committee for the new International Convention, until it enters into force. Mr. José Esquinas-Alcázar, Secretary of the Commission, underlined "the technical, social, economic, political and ethical issues which surround the conservation and sustainable use of genetic resources." Mr. Esquinas-Alcázar added that despite the approval of the International Convention, "an enormous task still lies ahead to implement the provisions of the Convention, in particular in view of the need to ensure that the genetic resources and local technologies developed by generations of farmers are complemented and enhanced by the new genetic technologies, and not threatened or replaced by them." The length of the negotiations reflects the difficulties in reaching agreement on matters related to intellectual property rights and the list of crops covered by the Convention. However, the Convention shows the wide international commitment that both traditional and modern technologies should be used to serve humanity, in particular to alleviate hunger and promote sustainable development in developing countries. For further information, contact Mr. José Esquinas-Alcázar Secretary of the FAO Commission on Genetic Resources for Food and Agriculture Tel.: 0039.06.57054986 Email: jose.esquinas(at)fao.org Website: http://www.fao.org/ag/cgrfa/default.htm _ GOING FURTHER (compiled by GRAIN) "Earth Negotiations Bulletin", produced by the International Institute for Sustainable Development, covered the final negotiations on a daily basis from 30 October to 3 November 2001. http://www.iisd.ca/linkages/biodiv/iu-wg/ "International Treaty on Plant Genetic Resources for Food and Agriculture", statement presented by public interest, non-profit civil society organisations to the 31st FAO Conference, Rome, 3 November 2001. http://www.ukabc.org/iu2.htm#b Institute for Agriculture and Trade Policy, "First International Treaty of the New Millenium Adopted in Rome; Challenges IPR and WTO", IATP Press Release, Minneapolis, 4 November 2001. Request copy by email from kdawkins(at)iatp.org For a backgrounder, see GRAIN, "International Undertaking on Plant Genetic Resources: The Final Stretch", October 2001. http://www.grain.org/publications/iu-october-2001.cfm