18 AVRIL 2005. - An Act to Accredit the International Treaty on Plant Genetic Resources for Food and Agriculture, and Annexes I^re and II, made in Rome on June 6, 2002 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The International Treaty on Plant Genetic Resources for Food and Agriculture, and Annexes I^re and II, made in Rome on 6 June 2002, will come out their full effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 18 April 2005.
ALBERT
By the King:
Deputy Prime Minister and Minister of Budget and Public Enterprises,
J. VANDE LANOTTE
Minister of Foreign Affairs,
K. DE GUCHT
Minister of Science Policy,
Mr. VERWILGHEN
Minister of Agriculture,
Mrs. S. LARUELLE
Minister of Development Cooperation,
A. DECKER
The Secretary of State for Sustainable Development, Deputy Minister of Budget and Public Enterprises,
Ms. E. VAN WEERT
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2003-2004.
Senate
Documents. - Bill tabled on 17 June 2004, No. 3-768/1.
2004-2005
Documents. - Report, number 3-768/2.
Annales parliamentarians. - Discussion and voting. Session of December 21, 2004.
House of Representatives
Documents. - Project transmitted by the Senate, No. 51-1521/1. - Text adopted in plenary and subject to Royal Assent, No. 51-1521/2.
Annales parliamentarians. - Discussion and voting. Session of 20 January 2005.
(2) See Decree of the Flemish Region of 13 July 2007 (Belgian Monitor of 5 September 2007), Decree of the Walloon Region of 10 November 2006 (Belgian Monitor of 28 November 2006), Order of the Brussels Capital Region of 29 April 2004 (Belgian Monitor of 27 May 2004 (Ed. 2))

International Treaty on Plant Genetic Resources for Food and Agriculture
PREAMBULE
Contracting Parties,
Convinced of the special nature of phytogenetic resources for food and agriculture, and of their particular characteristics and problems requiring special solutions;
Alarmed by the continued erosion of these resources;
Aware of the fact that phytogenetic resources for food and agriculture are a common concern of all countries in that they all rely heavily on phytogenetic resources for food and agriculture coming from elsewhere;
Recognizing that the conservation, prospecting, collection, characterization, evaluation and documentation of phytogenetic resources for food and agriculture play an essential role in achieving the goals set out in the Rome Declaration on World Food Security and the World Food Summit Action Plan, and in sustainable agricultural development for present and future generations, and the urgent need to strengthen the capacity of countries in transition
Noting that the Global Action Plan for the Conservation and Sustainable Use of Plant Genetic Resources for Food and Agriculture is an internationally approved framework for such activities;
Recognizing further that phytogenetic resources for food and agriculture are the key to the genetic improvement of cultivated plants, whether by the selection of farmers, by conventional methods of plant improvement or by modern biotechnology, and that they play an essential role in adapting to ecological changes and unpredictable changes in human needs;
Affirming that the past, present and future contributions of farmers from all regions of the world, including those living in centres of origin and diversity, to the conservation, improvement and availability of these resources, are the foundation of farmers' rights;
Affirming also that the rights recognized in this Treaty to retain, use, exchange and sell farm seeds and other multiplication materials and to participate in decision-making on the use of plant genetic resources for food and agriculture, as well as the fair and equitable sharing of the benefits arising therefrom, are a fundamental element of the realization of farmers' rights and the promotion of farmers' rights at the national and international levels;
Recognizing that this Treaty and other relevant international agreements should be complementary to ensure sustainable agriculture and food security;
Affirming that nothing in this Treaty shall be construed as causing, in any way, a change in the rights and obligations of Contracting Parties under other international agreements;
Considering that the above statement is not intended to establish a hierarchy between the Treaty and other international agreements;
Aware of the fact that issues relating to the management of plant genetic resources for food and agriculture are at the intersection of agriculture, the environment and trade, and convinced that there should be synergy among these sectors;
Aware of their responsibilities for present and future generations for the conservation of the global diversity of plant genetic resources for food and agriculture;
Recognizing that in the exercise of their sovereign rights over their phytogenetic resources for food and agriculture, States can mutually benefit from the creation of an effective multilateral system that facilitates access to a negotiated part of these resources and the fair and equitable sharing of the benefits derived from their use; and
Wishing to conclude an international agreement within the framework of the Food and Agriculture Organization of the United Nations, as referred to as FAO, under Article XIV of its Constitution;
The following agreed:
PART I. - INTRODUCTION
Objectives
Article 1^er
1.1 The objectives of this Treaty are the conservation and sustainable use of plant genetic resources for food and agriculture, and the fair and equitable sharing of benefits arising from their use in harmony with the Convention on Biological Diversity, for sustainable agriculture and for food security.
1.2 These objectives are achieved by establishing close links between this Treaty and the Food and Agriculture Organization of the United Nations, as well as the Convention on Biological Diversity.
Use of terms
Article 2
For the purposes of this Treaty, the following terms shall have the meaning specified in this Article. Definitions do not include international trade in products.
"In situ conservation" means the conservation of natural ecosystems and habitats as well as the maintenance and replenishment of viable species in their natural environment and, in the case of cultivated plant species, in the environment where their distinctive characteristics have been developed.
"Ex situ conservation" means the conservation of phytogenetic resources for food and agriculture outside their natural environment.
"Phytogenetic Resources for Food and Agriculture" means plant-based genetic material with an effective or potential value for food and agriculture.
"Genetic material" means material of plant origin, including material of reproduction and vegetative multiplication, containing functional units of hereditate.
" Variety" means a plant set, the lowest known botanical taxon, defined by the reproducible expression of its distinctive characters and other genetic characters.
"Ex situ Collection" means a collection of phytogenetic resources for food and agriculture preserved outside their natural environment.
"Centre d'origine": means a geographic area where a plant species, cultivated or wild, first developed its distinctive characteristics.
"Vegetable Diversity Centre" means a geographic area with a high level of genetic diversity for species under in situ conditions.
Scope
Article 3
This Treaty covers phytogenetic resources for food and agriculture.
PART II. - GENERAL PROVISIONS
General obligations
Article 4
Each Contracting Party shall ensure compliance with its laws, regulations and procedures with its obligations under this Treaty.
Conservation, prospecting, collection, characterization, assessment and documentation of plant genetic resources for food and agriculture
Article 5
5.1 Each Contracting Party, subject to its national legislation, and in cooperation with other Contracting Parties, as appropriate, shall promote an integrated approach to the prospecting, conservation and sustainable use of plant genetic resources for food and agriculture, and shall, as appropriate, apply in particular to:
(a) Identify and identify plant genetic resources for food and agriculture, taking into account the state and degree of variation in existing populations, including those of potential use, and, where possible, assess the risks to them;
(b) promote the collection of phytogenetic resources for food and agriculture and relevant information associated with such phytogenetic resources that are at risk or potentially usable;
(c) encourage or support, as appropriate, the efforts of farmers and local communities to manage and maintain on the farm their plant genetic resources for food and agriculture;
(d) To promote the in situ conservation of wild species related to crops and wildlife for food production, including in protected areas, by, inter alia, supporting the efforts of local and indigenous communities;
(e) cooperate to promote the establishment of an effective and sustainable ex situ conservation system, giving due attention to the need for appropriate documentation, characterization, regeneration and assessment, and to promote the development and transfer of appropriate technologies to this effect in order to improve the sustainable use of plant genetic resources for food and agriculture;
f) monitor the maintenance of the viability, degree of variation and genetic integrity of the collections of plant genetic resources for food and agriculture.
5.2 Contracting Parties shall take, as appropriate, measures to limit or, where possible, eliminate the risks to plant genetic resources for food and agriculture.
Sustainable use of plant genetic resources
Article 6
6.1 Contracting Parties shall develop and maintain appropriate legal policies and provisions to promote the sustainable use of plant genetic resources for food and agriculture.
6.2 Sustainable use of plant genetic resources for food and agriculture can include:
(a) develop loyal agricultural policies that encourage, as appropriate, the establishment and maintenance of diversified agricultural systems that promote the sustainable use of agricultural biological diversity and other natural resources;
(b) Further research that enhances and maintains biological diversity by maximizing intra- and inter-specific variation, for the benefit of farmers, including those who create and use their own varieties and apply ecological principles for soil fertility and disease control, adventitism and pests;
(c) promote, as appropriate, with the participation of farmers, particularly in developing countries, selection efforts that enhance the capacity to develop varieties specifically tailored to different social, economic and ecological conditions, including in marginal areas;
(d) Expand the genetic basis of cultivated plants and increase the diversity of genetic material available to farmers;
(e) promote, as appropriate, the increased use of cultivated plants, varieties and underutilized species, local or appropriate to local conditions;
(f) encourage, as appropriate, greater use of the diversity of varieties and species in the management, conservation and sustainable use of farm crops and create close links between plant selection and agricultural development to reduce the vulnerability of crops and genetic erosion, and to promote increased global food production compatible with sustainable development; and
(g) monitor and, as appropriate, adjust selection strategies and regulations for the sale of varieties and seed distribution.
National commitments and international cooperation
Article 7
7.1 Each Contracting Party shall incorporate, as appropriate, in its agricultural and rural development policies and programmes the activities referred to in Articles 5 and 6 and shall cooperate with other Contracting Parties, directly or through FAO and other relevant international organizations, in the areas of the conservation and sustainable use of plant genetic resources for food and agriculture.
7.2 In particular, international cooperation is aimed at:
(a) establish or strengthen the capacity of developing countries and countries with economies in transition in the conservation and sustainable use of plant genetic resources for food and agriculture;
(b) strengthen international activities to promote conservation, assessment, documentation, genetic improvement, plant selection, seed multiplication, and, in accordance with Part IV, the sharing, access to and exchange of plant genetic resources for food and agriculture and appropriate information and technologies;
(c) maintain and strengthen the institutional arrangements referred to in Part V; and
(d) implement the financing strategy for Article 18.
Technical assistance
Article 8
The Contracting Parties agree to promote the provision of technical assistance to Contracting Parties, including developing countries or countries with economies in transition, through bilateral assistance or appropriate international organizations, to promote the implementation of this Treaty.
PART III. - RIGHTS OF AGRICULTERS
Rights of farmers
Article 9
9.1 The Contracting Parties recognize the enormous contribution that local and indigenous communities as well as farmers from all regions of the world, and especially those of the centres of origin and diversity of crops, have made and will continue to contribute to the conservation and development of plant genetic resources that form the basis of food and agricultural production worldwide.
9.2 The Contracting Parties agree that the responsibility for the realization of farmers' rights, with respect to plant genetic resources for food and agriculture, is the responsibility of governments. Depending on its needs and priorities, each Contracting Party should, as appropriate and subject to national legislation, take measures to protect and promote the rights of farmers, including:
(a) protection of traditional knowledge of interest to plant genetic resources for food and agriculture;
(b) the right to participate equitably in the sharing of benefits arising from the use of plant genetic resources for food and agriculture;
(c) the right to participate in national decision-making on issues relating to the conservation and sustainable use of plant genetic resources for food and agriculture.
9.3 Nothing in this Article shall be construed as limiting the rights that farmers may have to retain, use, exchange and sell farm seeds or multiplication equipment, subject to the provisions of national legislation and as appropriate.
PART IV. - MULTILATERAL SYSTEM OF ACCES AND BENEFITS
Multilateral system of access and benefit-sharing
Article 10
10.1 In their relations with other States, Contracting Parties recognize the sovereign rights of States over their own phytogenetic resources for food and agriculture, including the fact that the power to determine access to these resources belongs to governments and falls under national legislation.
10.2 In the exercise of their sovereign rights, Contracting Parties agree to establish a multilateral system that is efficient, effective and transparent, both to promote access to phytogenetic resources for food and agriculture and to share, in a fair and equitable manner, the benefits arising from the use of these resources, from a complementary and mutually reinforcing perspective.
Coverage of the Multilateral System
Article 11
11.1 To achieve the objectives of the conservation and sustainable use of plant genetic resources for food and agriculture, and the fair and equitable sharing of benefits arising from their use, as set out in Article 1^er, the Multilateral System applies to plant genetic resources for food and agriculture listed in Appendix I on the basis of food security and interdependence criteria.
11.2 The Multilateral System, as outlined in section 11.1, includes all plant genetic resources for food and agriculture listed in Appendix I^re which are managed and administered by Contracting Parties and fall within the public domain. In order to achieve the fullest possible coverage, Contracting Parties shall invite all other holders of plant genetic resources for food and agriculture listed in Annex I^re to incorporate these phytogenetic resources for food and agriculture into the Multilateral System.
11.3 The Contracting Parties also agree to take appropriate measures to encourage natural and legal persons under their jurisdiction who have phytogenetic resources for food and agriculture listed in Annex I^re to incorporate such phytogenetic resources for food and agriculture into the Multilateral System.
11.4 Within two years of the Treaty's entry into force, the Governing Body assesses the progress made in including in the Multilateral System of Plant Genetic Resources for Food and Agriculture referred to in Article 11.3. Following this assessment, the Governing Body decides whether access continues to be facilitated for natural and legal persons referred to in section 12.3 who have not included the said phytogenetic resources for food and agriculture in the Multilateral System, or whether it takes any other measures that it considers appropriate.
11.5 The Multilateral System also includes plant genetic resources for food and agriculture listed in Appendix I^re and maintained in the ex situ collections of the International Agricultural Research Centres of the Consultative Group for International Agricultural Research (GCRAI), as provided for in Article 15.1a, and in other international institutions, in accordance with Article 15.5.
Easy access to phytogenetic resources for food and agriculture within the Multilateral System
Article 12
12.1 The Contracting Parties agree that access to phytogenetic resources for food and agriculture under the Multilateral System, as defined in Article 11, is made in accordance with the provisions of this Treaty.
12.2 The Contracting Parties agree to take appropriate legal or other measures to grant such access to other Contracting Parties through the Multilateral System. For this purpose, such access is also granted to natural and legal persons under the jurisdiction of any Contracting Party, subject to the provisions of Article 12.4.
12.3 This access is granted in accordance with the following conditions:
(a) Access is granted for the sole purpose of conservation and use for food and agriculture research, selection and training, provided that it is not intended for chemical or pharmaceutical uses, or for other non-food and non-forage industrial uses. In the case of multi-use crops (food and non-food), their inclusion in the Multilateral System and the applicability of the facilitated access regime depends on their importance to food security;
(b) Access is granted quickly, without the need to follow individual entries, and free of charge or, where a fee payment is required, it must not exceed the minimum costs incurred;
(c) All available passport data and, subject to existing legislation, any other available and non-confidential associated descriptive information is made available with the phytogenetic resources for food and agriculture provided;
(d) Recipients may not claim any intellectual property or other right limiting easy access to phytogenetic resources for food and agriculture or their genetic parts or components in the form received from the Multilateral System;
(e) Access to the phytogenetic resources for food and agriculture being developed, including the equipment being developed by farmers, remains at the discretion of the farmers, during the period of their development;
(f) Access to phytogenetic resources for food and agriculture protected by intellectual property rights and other property rights is provided in accordance with relevant international agreements and national laws;
(g) Recipients of plant genetic resources for food and agriculture for which access is granted under the Multilateral System and which are retained shall be made available to the Multilateral System in accordance with the provisions of this Treaty;
(h) Without prejudice to the other provisions of this Article, Contracting Parties agree that access to phytogenetic resources for food and in situ agriculture is granted in accordance with national legislation or, in the absence of such legislation, in accordance with the standards established by the Governing Body.
12.4 For this purpose, ease of access, in accordance with Articles 12.2 and 12.3 above, is granted in accordance with a standard agreement for the transfer of equipment (ATM) adopted by the Governing Body and which incorporates the provisions of Article 12.3a, d and g, as well as the provisions for the sharing of benefits set out in Article 13.2(d)(ii) and other relevant provisions of this Treaty, as well as the provision indicating that the beneficiary of
12.5 Contracting Parties shall ensure that it is possible to resort, in accordance with the applicable jurisdictional provisions, to their legal system, in the event of contractual disputes arising out of these ATMs. Acknowledging that the obligations arising from these ATMs are the sole responsibility of stakeholders in these ATMs.
12.6 In emergencies due to disasters, Contracting Parties agree to provide facilitated access to appropriate plant genetic resources for food and agriculture under the Multilateral System to assist in the rehabilitation of agricultural systems, in cooperation with relief coordinators.
Benefit sharing in the multilateral system
Article 13
13.1 The Contracting Parties recognize that access to phytogenetic resources for food and agriculture that are included in the Multilateral System is in itself a major advantage of the Multilateral System and agree that the resulting benefits are shared fairly and equitably, in accordance with the provisions of this Article.
13.2 The Contracting Parties agree that the benefits derived from the use, including commercial, of plant genetic resources for food and agriculture under the Multilateral System are fairly and equitably shared through the following mechanisms: information exchange, access to and transfer of technologies, capacity-building, sharing of benefits arising from marketing, taking into account the priority areas of the Global Plan of Action on Continuous Change and on the basis of the
(a) Exchange of information
The Contracting Parties agree to make available the information that includes, inter alia, catalogues and inventories, information on technologies and results of technical, scientific and socio-economic research, including characterization, evaluation and use, concerning plant genetic resources for food and agriculture included in the Multilateral System. This information is made available, if not confidential, subject to applicable law and in accordance with national capacities. This information is made available to all Contracting Parties to this Treaty through the information system as provided for in Article 17.
(b) Access to technology and technology transfer
(i) Contracting Parties undertake to grant and/or facilitate access to technologies for the conservation, characterization, assessment and use of phytogenetic resources for food and agriculture included in the Multilateral System. Recognizing that certain technologies can only be transferred by genetic material, Contracting Parties grant and/or facilitate access to these technologies and genetic material included in the Multilateral System, as well as to the improved varieties and genetic material developed through the use of plant genetic resources for food and agriculture included in the Multilateral System, in accordance with the provisions of Article 12. Access to these technologies, improved varieties and genetic material is granted and/or facilitated in accordance with the applicable rights of ownership and access laws and in accordance with national capacities.
(ii) Access to technologies and their transfer to countries, in particular to developing countries and countries with economies in transition, are ensured through a set of measures such as the creation and operation of plant-based thematic groups on the use of plant genetic resources for food and agriculture, and participation in these groups, all types of partnerships for research and development and joint commercial enterprises related to the material received, the development of human resources and
(iii) Access to technologies, including technologies protected by intellectual property rights, and their transfer, as indicated in subparagraphs (i) and (ii) above, to developing countries that are Contracting Parties, in particular to the least developed countries and countries with economies in transition, are assured and/or facilitated on fair and favourable terms, in particular in the case of technologies used for advanced development, as well as technologies for farmers in least developed countries This access and transfer are provided under conditions that guarantee adequate and effective protection of intellectual property rights and that are in conformity with them.
(c) Capacity-building
the needs of developing countries and countries with economies in transition, as reflected in their priorities for the development of plant genetic resources for food and agriculture in their plans and programmes, where they exist, for the development of plant genetic resources for food and agriculture covered by the Multilateral System, the Contracting Parties agree to accord priority (i) to the establishment and/or
(d) Sharing monetary and other benefits arising from commercialization
(i) The Contracting Parties agree, within the framework of the multilateral system, to take measures to ensure the sharing of trade benefits through the association of the private and public sectors to the activities identified in this Article, through partnerships and collaborations, including with the private sector of developing countries and countries with economies in transition for the research and development of technologies;
(ii) Contracting Parties agree that the type agreement for the transfer of equipment (ATM) referred to in Article 12.4 must contain a provision under which a beneficiary marketing a product that is a phytogenetic resource for food and agriculture and that incorporates material to which the recipient has accessed through the multilateral system is required to pay to the mechanism referred to in Article 19.3(f) a fair share of the benefits arising from the marketing of that product, except where
At its first meeting, the governing body determines the amount, form and terms of payment, in accordance with business practices. The governing body may decide to establish different payment amounts for the various categories of recipients that market such products; it may also decide that it is necessary to exempt small farmers from these payments from developing countries and countries with economies in transition. The governing body may, from time to time, review the amounts of the payment in order to achieve fair and equitable sharing of benefits and may also assess, for a period of five years from the entry into force of this Treaty, whether the provision of the ATM providing for a mandatory payment also applies to cases in which these products are, without restriction, available to other beneficiaries for research and selection purposes.
13.3 The contracting parties agree that the benefits derived from the use of plant genetic resources for food and agriculture shared under the Multilateral System must first and foremost converge directly and indirectly to farmers in all countries, particularly developing countries and countries with economies in transition, who maintain and sustainably use plant genetic resources for food and agriculture.
13.4 At its first meeting, the governing body analyses a relevant policy and criteria to provide specific assistance in the context of the agreed funding strategy set out in section 18, for the conservation of plant genetic resources for food and agriculture in developing countries and countries with economies in transition, whose contribution to the diversity of plant genetic resources for food and agriculture included in the multilateral system is important and/or have special needs.
13.5 The contracting parties recognize that the capacity of developing countries, and countries with economies in transition in particular, to fully implement the Global Action Plan depends largely on the effective implementation of this Article and the financing strategy provided for in Article 18.
13.6 The contracting parties analyze the modalities of a voluntary contribution strategy to benefit-sharing, under which food industries that leverage phytogenetic resources for food and agriculture contribute to the multilateral system.
PART V. - PAPUI ELEMENTS
Global Action Plan
Article 14
Acknowledging that the Continuous Global Action Plan for the Conservation and Sustainable Use of Plant Genetic Resources for Food and Agriculture is of significance to this Treaty, Contracting Parties should promote its effective implementation, including through national actions and, as appropriate, through international cooperation to provide a coherent framework, in particular for capacity-building, the transfer of information and the exchange of provisions,
Ex situ collections of plant genetic resources for food and agriculture held by the International Agricultural Research Centres of the Consultative Group for International Agricultural Research and other international institutions
Article 15
15.1 The contracting parties recognize the importance for this treaty of the ex situ collections of plant genetic resources for food and agriculture held in trust by the International Agricultural Research Centres (CIRA) of the Consultative Group for International Agricultural Research (GCRAI). The contracting parties urge CIRA to sign agreements with the governing body with respect to ex situ collections, in accordance with the following conditions:
(a) Plant genetic resources for food and agriculture listed in Appendix I^re of this Treaty and held by ICRA are available in accordance with the provisions of Part IV of this Treaty;
(b) Plant genetic resources for food and agriculture other than those listed in Appendix I^re of this Treaty and collected prior to the entry into force of the Treaty, which are held by the ICRAs, are available in accordance with the provisions of the ATM currently in force in accordance with the agreements between ICRA and FAO. This ATM is amended by a decision of the governing body no later than its second regular session, in consultation with the ICRA, in accordance with the relevant provisions of this Treaty, in particular Articles 12 and 13, and under the following conditions:
(i) CIRAs periodically inform the ATM governing body that has been completed, in accordance with a schedule to be established by the governing body;
(ii) Contracting Parties in whose territory the genetic resources for food and agriculture were collected in situ, receive samples of these phytogenetic resources for food and agriculture on demand, without ATM;
(iii) The benefits stipulated in the above-mentioned ATM that go to the mechanism referred to in Article 19.3f are applied in particular to the conservation and sustainable use of the phytogenetic resources for the food and agriculture in question, particularly in the national and regional programmes of developing countries and countries with economies in transition, especially in the centres of diversity and the least developed countries;
(iv) The ICRA shall take all appropriate measures in their power to ensure the constant compliance with the conditions set out in the equipment transfer agreements and shall promptly inform the governing body of non-implementation cases.
(c) ICRA recognizes the authority of the governing body to provide general guidance on the ex situ collections they hold and are subject to the provisions of this Treaty.
(d) The scientific and technical facilities in which these ex situ collections are preserved remain under the authority of the CIRA, which undertake to manage and administer these ex situ collections in accordance with internationally accepted standards, including standards relating to gene banks, as approved by the FAO Commission on Genetic Resources for Food and Agriculture.
(e) At the request of an IARC, the secretary endeavours to provide appropriate technical support.
(f) The Secretary shall, at any time, have the right to access the facilities and to inspect all activities that relate directly to the conservation and exchange of the equipment referred to in this section.
(g) If the proper conservation of these ex situ collections held by CIRA is prevented or threatened by any event, including by force majeure, the secretary, with the host country's agreement, assists in their evacuation or transfer to the extent possible.
15.2 Contracting Parties agree to provide easy access to phytogenetic resources for food and agriculture included in Appendix I^re within the framework of the multilateral system for the ICFRA of the GCRAI that have signed agreements with the governing body in accordance with this Treaty. These centres are registered on a list held by the Secretary and made available to the Contracting Parties upon request.
15.3 Equipment other than that listed in Appendix I^re, which is received and retained by the CIRA after the entry into force of this Treaty, is accessible under conditions consistent with those mutually agreed between the CIRAs that receive the equipment and the country of origin of these resources or the country that acquired these resources in accordance with the Convention on Biological Diversity or other applicable legislation.
15.4 Contracting Parties are encouraged to grant to IARCs who have signed agreements with the governing body, access to, on mutually agreed terms, phytogenetic resources for the food and agriculture of crops not listed in Appendix I^re which are important to ICRA programmes and activities.
15.5 The Governing Body shall also endeavour to establish agreements for the purposes set out in this Article with other relevant international institutions.
International networks of phytogenetic resources
Article 16
16.1 The existing cooperation within the framework of international networks of phytogenetic resources for food and agriculture is encouraged or developed, based on existing agreements and in accordance with the provisions of this Treaty, so as to ensure the fullest possible coverage of plant genetic resources for food and agriculture.
16.2 Contracting Parties shall encourage, as appropriate, all relevant institutions, governmental, private, non-governmental, research or selection institutions or other institutions, to participate in international networks.
The global information system on plant genetic resources for food and agriculture
Article 17
17.1 The contracting parties cooperate with the aim of developing and strengthening a global information system to facilitate the exchange of information, on the basis of existing information systems, on scientific, technical and environmental issues related to plant genetic resources for food and agriculture, taking into account that these exchanges of information contribute to the sharing of benefits by providing information on plant genetic resources for food and agriculture at the disposal of all contracting parties. By developing the global information system, cooperation with the Convention on Biological Diversity Exchange Centre is sought.
17.2 On the basis of notification by contracting parties, and in the event of danger threatening the effective maintenance of plant genetic resources for food and agriculture, an early warning must be launched with the aim of safeguarding genetic material.
17.3 The Contracting Parties shall cooperate with the FAO Commission on Genetic Resources for Food and Agriculture in its regular reassessment of the state of phytogenetic resources for food and agriculture around the world in order to facilitate the updating of the Global Plan of Action for Continuous Development referred to in Article 14.
PART VI. - FINANCIAL PROVISIONS
Financial resources
Article 18
18.1 The Contracting Parties undertake to implement a financing strategy for the application of this Treaty in accordance with the provisions of this Article.
18.2 The objectives of the funding strategy are to strengthen the availability, transparency, efficiency and effectiveness of the provision of financial resources for the implementation of the activities under this Treaty.
18.3 In order to mobilize funds for priority activities, plans and programmes, particularly in developing countries and countries with economies in transition, and taking into account the Global Action Plan, the governing body periodically sets a funding target.
18.4 In accordance with this funding strategy:
(a) The Contracting Parties shall take the necessary and appropriate measures, within the framework of the governing bodies of the relevant international mechanisms, funds and bodies, to ensure that the necessary priority and attention is given to the effective allocation of predictable and agreed resources for the implementation of the plans and programmes under this Treaty.
(b) The extent to which the contracting parties that are developing countries and the contracting parties in transition actually fulfil their obligations under this Treaty depends on the effective allocation, including by the contracting parties that are developed countries, of the resources referred to in this Article. Developing countries that are contracting parties and the contracting parties in transition give all the priority, in their own plans and programmes, to building their capacities in the field of phytogenetic resources for food and agriculture.
(c) The contracting parties that are developed countries also provide, and the contracting parties that are developing countries and the contracting parties in transition receive financial resources for the implementation of this Treaty through bilateral, regional and multilateral channels. These routes include the mechanism referred to in section 19.3f.
(d) Each Contracting Party undertakes to undertake national activities for the conservation and sustainable use of plant genetic resources for food and agriculture and to allocate financial resources to these activities in accordance with its capacity and financial means. The financial resources allocated shall not be used for purposes not in accordance with the provisions of this Treaty, particularly in areas related to international trade in products;
(e) The contracting parties agree that the financial benefits arising from Article 13.2d are part of the financing strategy.
(f) Voluntary contributions may also be provided by contracting parties, the private sector, subject to the provisions of Article 13, non-governmental organizations and other sources. The contracting parties agree that the governing body examines the modalities of a strategy to encourage such contributions.
18.5 The contracting parties agree that priority is given to the implementation of the agreed plans and programmes for farmers in developing countries, particularly the least developed countries and countries with economies in transition, which maintain and sustainably use plant genetic resources for food and agriculture.
PART VII. - INSTITUTIONAL PROVISIONS
Steering Body
Article 19
19.1 A Steering Body composed of all Contracting Parties shall be established for this Treaty.
19.2 All decisions of the governing body shall be taken by consensus, unless another method is approved by consensus for decision-making on certain measures other than the issues referred to in Articles 23 and 24, for which consensus remains necessary.
19.3 The Governing Body is responsible for promoting the full realization of this Treaty, taking into account its objectives, including:
(a) provide general guidance and guidance to follow and adopt the recommendations necessary for the implementation of this Treaty, in particular the functioning of the multilateral system;
(b) adopt plans and programmes for the implementation of this Treaty;
(c) adopt at its first session and periodically review the funding strategy for the implementation of this Treaty in accordance with the provisions of Article 18;
(d) adopt the budget of this Treaty;
(e) consider and establish, subject to the availability of the necessary funds, the subsidiary bodies that it considers necessary and their respective mandates and composition;
(f) establish, as appropriate, an appropriate mechanism such as a trustee account to collect and use the financial resources it receives for the purposes of the implementation of this Treaty;
(g) establish and maintain cooperation with other relevant international organizations and treaty bodies, including the Conference of the Parties to the Convention on Biological Diversity in the areas covered by this Treaty, including their participation in the financing strategy;
(h) consider and adopt, as appropriate, amendments to this Treaty in accordance with the provisions of Article 23;
(i) consider and adopt, as appropriate, amendments to the annexes to this Treaty in accordance with the provisions of Article 24;
(j) consider the modalities of a strategy to encourage voluntary contributions and, in particular, with respect to articles 13 and 18;
(k) perform any other functions necessary for the achievement of the objectives of this Treaty;
(l) take note of the relevant decisions of the Conference of the Parties to the Convention on Biological Diversity and other relevant international organizations and treaty bodies;
(m) to inform, as appropriate, the Conference of the Parties to the Convention on Biological Diversity and other relevant international organizations and treaty bodies of matters relating to the implementation of this Treaty; and
(n) approve the terms of agreements with IARC and other international institutions referred to in Article 15, and review and amend the MTA referred to in Article 15.
19.4 Subject to Article 19.6, each Contracting Party shall have one vote and may be represented at the sessions of the governing body by a delegate, who may be accompanied by an alternate, as well as experts and advisers. Alternates, experts and advisers may participate in the deliberations of the governing body but do not have the right to vote unless they are duly authorized to replace a delegate.
19.5 The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State not a Contracting Party to this Treaty, may be represented as observers at the sessions of the governing body. Any other proceeding or institution, whether governmental or non-governmental, having jurisdiction in matters relating to the conservation and sustainable use of plant genetic resources for food and agriculture, which informed the secretariat that it wishes to be represented as an observer at a session of the governing body, may be admitted to such quality, unless objections were made by at least one third of the Contracting Parties present. The admission and participation of observers is governed by the rules of procedure adopted by the governing body.
19.6 A FAO member organization that is a Contracting Party and the member States of that member organization that are Contracting Parties shall exercise the rights and perform obligations related to their membership, in accordance with, mutatis mutandis, the Constitution and the General Regulations of FAO.
19.7 The governing body may, if necessary, adopt and amend its own rules of procedure and financial regulations, which shall not be incompatible with the provisions of this Treaty.
19.8 The presence of delegates representing a majority of the contracting parties is necessary to constitute a quorum at any session of the governing body.
19.9 The governing body holds regular sessions at least once every two years. These sessions should, to the extent possible, take place immediately before or after the regular sessions of the FAO Commission on Genetic Resources for Food and Agriculture.
19.10 Special sessions of the governing body shall be held when the governing body deems it necessary or at the written request of a contracting party, provided that such request is supported by at least one third of the contracting parties.
19.11 The governing body elects the chair and vice-chairs (who collectively constitute the "office"), in accordance with its rules of procedure.
secretariat
Rule 20
20.1 The secretary of the governing body is appointed by the Director General of FAO, with the approval of the governing body. The secretary has staff who may be required.
20.2 The secretary performs the following functions:
(a) Organize sessions of the governing body and subsidiary bodies that may be established and provide administrative support;
(b) assist the governing body in performing its functions, and perform any specific tasks that the governing body decides to entrust to it;
(c) report on its activities to the governing body;
20.3 The Secretary shall communicate to all Contracting Parties and to the Director General:
(a) the decisions of the governing body within sixty days of their adoption;
(b) information received from Contracting Parties in accordance with the provisions of this Treaty.
20.4 The secretary provides documentation for the sessions of the governing body in the six languages of the United Nations organization.
20.5 The Secretary cooperates with other treaty bodies and organizations, including the secretariat of the Convention on Biological Diversity, to achieve the objectives of this Treaty.
Implementation
Article 21
The governing body, at its first meeting, reviews and adopts effective cooperation procedures and operational mechanisms to promote the implementation of the provisions of this Treaty and to address non-implementation issues. These procedures and mechanisms include follow-up and provision of advice or assistance, in particular legal assistance, as appropriate, particularly in favour of developing countries and countries with economies in transition.
Settlement of disputes
Article 22
22.1 In the event of a dispute between contracting parties concerning the interpretation or application of this Treaty, the parties concerned seek solutions by negotiation.
22.2 If the parties concerned cannot reach an agreement through negotiation, they may jointly appeal to the good offices or mediation of a third party.
22.3 At the time of ratifying, accepting or approving this Treaty, or acceding to it, and at any time thereafter, any Contracting Party may declare in writing to the Depositary that, in the case of a dispute that has not been settled in accordance with Article 22.1 or 22.2 above, it agrees to consider as obligatory any of the following modes of settlement, or both:
(a) Arbitration in accordance with the procedure set out in Part 1 of Appendix II to this Treaty;
(b) The submission of the dispute to the International Court of Justice.
22.4 If the parties have not accepted the same procedure or any procedure in accordance with Article 22.3 above, the dispute shall be subject to conciliation in accordance with Part 2 of Annex II to this Treaty unless the parties agree otherwise.
Amendments to the Treaty
Article 23
23.1 Any Contracting Party may propose amendments to this Treaty.
23.2 Amendments to this Treaty are adopted at a session of the governing body. The text of any draft amendment shall be communicated to the Contracting Parties by the secretariat at least six months before the session at which it is proposed for adoption.
23.3 Any amendment to this Treaty may only be made by consensus of the Contracting Parties present at the session of the governing body.
23.4 Any amendment adopted by the governing body shall enter into force between the Contracting Parties having ratified, accepted or approved it on the ninetieth day after the deposit of instruments of ratification, acceptance or approval by at least two thirds of the Contracting Parties. Subsequently, the amendment comes into force with respect to any other party on the ninetieth day after the deposit by that Contracting Party of its instrument of ratification, acceptance or approval of the amendment.
23.5 For the purposes of this article, an instrument deposited by a FAO member organization is not considered to be added to the instruments deposited by the member States of that organization.
Annexes
Article 24
24.1 The annexes to this Treaty are an integral part of this Treaty and any reference to this Treaty also refers to its annexes.
24.2 The provisions of Article 23 concerning amendments to this Treaty shall apply to the amendment of the annexes.
Signature
Rule 25
This Treaty is open for signature at FAO from 3 November 2001 to 4 November 2002 for all FAO members and all States that, although not members of FAO, are members of the United Nations organization, one of its specialized agencies or the International Atomic Energy Agency.
Ratification, acceptance or approval
Rule 26
This Treaty is subject to ratification, acceptance or approval by members and not members of FAO referred to in Article 25. Instruments of ratification, acceptance or approval shall be handed over to the depositary.
Access
Rule 27
This Treaty is open to the accession of all members of FAO and all States which, although not members of FAO, are members of the United Nations organization, one of its specialized agencies or the International Atomic Energy Agency from the date on which the Treaty is no longer open for signature. The instruments of accession shall be deposited with the depositary.
Entry into force
Rule 28
28.1 Subject to the provisions of Article 29.2, this Treaty shall enter into force on the ninetieth day after the deposit of the fortieth instrument of ratification, acceptance, approval or accession provided that at least twenty instruments of ratification, acceptance, approval or accession have been deposited by members of FAO.
28.2 For each member of the FAO and any State that, although not a member of the FAO, is a member of the United Nations organization, one of its specialized agencies or the International Atomic Energy Agency that ratifies, accepts and approves this Treaty, or accedes to it, after the deposit, in accordance with Article 28.1, of the fortieth instrument of ratification, acceptance, approval or accession to the Treaty
FAO member organizations
Rule 29
29.1 When a FAO member organization deposits an instrument of ratification, acceptance, approval or accession to this Treaty, the member organization shall, in accordance with the provisions of Article II, par. 7 of the FAO Constituent Act, notify any change in the allocation of competence to the declaration of jurisdiction submitted under Article II, para. 5 of the Constitution of FAO, if necessary, taking into account its acceptance of this Treaty. Any Contracting Party to this Treaty may, at any time, request a member organization of FAO that is a Contracting Party to this Treaty to indicate who, from the member organization or its member States, is responsible for the implementation of such or such matters referred to in this Treaty. The member organization must provide this information within a reasonable period of time.
29.2 Instruments of ratification, acceptance, approval, accession or denunciation deposited by a FAO member organization are not considered to be in addition to the instruments deposited by the member States of that member organization.
Reservations
Rule 30
No reservation may be made to this Treaty.
No parties
Rule 31
The Contracting Parties shall encourage any FAO Member State or any other State not a Contracting Party to this Treaty to accede to this Treaty.
Denunciation
Rule 32
32.1 Each Contracting Party may at any time, two years from the date on which this Treaty has entered into force for it, notify the Depositary in writing of its withdrawal from this Treaty. The depositary shall forthwith inform all the contracting parties.
32.2 The denunciation takes effect one year after the date of receipt of the notification.
Extinction
Rule 33
33.1 This Treaty shall automatically cease if and when, as a result of denunciations, the number of Contracting Parties falls below forty, unless the remaining Contracting Parties decide otherwise, taken unanimously.
33.2 The Depositary shall inform all remaining Contracting Parties when the number of Contracting Parties has fallen to forty.
33.3 In the event of termination of the Treaty, the allocation of assets is governed by the provisions of the Financial Regulations adopted by the governing body.
Depositary
Rule 34
The Director General of FAO is the depositary of this Treaty.
Authentic texts
Rule 35
The texts in Arabic, Chinese, English, French, Russian and Spanish of this Treaty are equally authentic.

Appendix I
LIST OF CULTIVE SPECIFIC SPECIFICATIONS
Grown food species
For the consultation of the table, see image
Appendix II
Part 1. - ARBITRAGE
Article 1^er
The requesting party shall notify the Secretary that the parties concerned refer the dispute to arbitration in accordance with Article 22. The notification indicates the subject matter of arbitration and in particular the articles of the Treaty whose interpretation or application is the subject of the dispute. If the parties to the dispute do not agree on the subject matter of the dispute prior to the appointment of the President of the Arbitral Tribunal, the latter determines it. The Secretary shall communicate such information to all the Contracting Parties to this Treaty.
Article 2
1. In the event of a dispute between two parties, the arbitral tribunal shall be composed of three members. Each of the parties to the dispute shall appoint an arbitrator; the two arbitrators so appointed shall jointly designate the third arbitrator, who shall assume the presidency of the court. The latter shall not be a national of any of the parties to the dispute, nor shall it have its habitual residence in the territory of any of these parties to the dispute, nor shall it be at the service of any of them, nor have it ever dealt with in any way.
2. In the event of a dispute between more than two contracting parties, the parties to the dispute having the same interest shall designate an arbitrator of mutual agreement.
3. In the event of a vacancy, the vacancy shall be filled in accordance with the procedure for the initial appointment.
Article 3
1. If, within two months after the appointment of the second arbitrator, the President of the Arbitral Tribunal is not appointed, the Director General of FAO shall, at the request of a party to the dispute, appoint it within a further two-month period.
2. If, within two months of receipt of the request, one of the parties to the dispute did not proceed with the appointment of an arbitrator, the other party may refer to the Director General of FAO, who shall make the appointment within a further two-month period.
Article 4
The arbitral tribunal shall render its decisions in accordance with the provisions of this Treaty and international law.
Article 5
Unless the parties to the dispute decide otherwise, the arbitral tribunal shall establish its own rules of procedure.
Article 6
At the request of one of the parties to the dispute, the arbitral tribunal may recommend the necessary precautionary measures.
Article 7
The parties to the dispute facilitate the work of the arbitral tribunal and, in particular, use all means at their disposal to:
(a) provide the court with all necessary documents, information and facilities;
(b) allow the court, where necessary, to have witnesses or experts appear and to record their testimony.
Article 8
The parties to the dispute and the arbitrators are required to retain the confidential nature of any information they obtain confidentially during the hearings of the arbitral tribunal.
Article 9
Unless the arbitral tribunal decides otherwise on the particular circumstances of the case, the costs of the court shall be borne equally by the parties to the dispute. The court shall keep a record of all costs and provide a final statement to the parties to the dispute.
Article 10
Any Contracting Party having, with respect to the subject matter of the dispute, a legal interest likely to be affected by the decision, may intervene in the proceedings with the consent of the court.
Article 11
The court may know and decide on counterclaims directly related to the subject matter of the dispute.
Article 12
The decisions of the arbitral tribunal, both on the proceedings and on the merits, shall be taken by a majority vote of its members.
Article 13
If one of the parties to the dispute does not appear before the arbitral tribunal or defends its case, the other party may request the court to continue the proceedings and to make its decision. The fact that one of the parties to the dispute did not appear before the court or refrained from asserting its rights does not hinder the proceedings. Before making its final award, the arbitral tribunal must ensure that the application is based on facts and law.
Article 14
The court shall give its final sentence no later than five months from the date on which it was created, unless it considers it necessary to extend this period for a period that should not exceed five additional months.
Article 15
The final award of the arbitral tribunal is limited to the issue that is the subject of the dispute and is motivated. It contains the names of the members who participated in the deliberation and the date on which it was pronounced. A member of the court may include a separate opinion or a different opinion.
Article 16
The award is mandatory for the parties to the dispute. It is without appeal unless the parties have agreed in advance on an appeal procedure.
Article 17
Any dispute that may arise between the parties to the dispute concerning the interpretation or enforcement of the award may be submitted by one of the parties to the dispute to the arbitral tribunal that rendered it.
Part 2. - CONCILIATION
Article 1^er
A conciliation commission is established at the request of one of the parties to the dispute. Unless the parties to the dispute agree otherwise, the Panel shall be composed of five members, each party concerned by appointing two members and the Chair shall be mutually agreed upon by the members so designated.
Article 2
In the event of a dispute between more than two contracting parties, the parties to the dispute having the same interest shall designate their members of the commission with mutual agreement. When at least two parties to the dispute have independent interests or disagree on whether they have the same interest, they appoint their members separately.
Article 3
If, within two months after the request for the establishment of a conciliation commission, all members of the commission were not appointed by the parties to the dispute, the Director General of FAO shall, at the request of the party to the dispute that has made the request, make the necessary designations within a further two-month period.
Article 4
If, within two months of the last appointment of a member of the Commission, the Commission has not chosen its Chairperson, the Director General of FAO shall, at the request of a party to the dispute, appoint the Chairperson within a further two-month period.
Article 5
The Conciliation Commission shall make its decisions by a majority vote of its members. Unless the parties to the dispute agree otherwise, it shall establish its own procedure. It makes a proposal for a settlement of the dispute that the parties consider in good faith.
Article 6
In the event of disagreement with the competence of the conciliation board, the conciliation board shall decide whether or not it is competent.

International Treaty on Plant Genetic Resources for Food and Agriculture
For the consultation of the table, see image
Declaration
"Belgium interprets Article 12.3, point (d), of the Treaty on Plant Genetic Resources for Food and Agriculture as acknowledging that phytogenetic resources for food and agriculture or their parts and genetic components having been subject to innovation may be subject to intellectual property rights provided that the criteria for such rights are met. » .