Key Benefits:
President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Considering articles 52 to 55 of the Constitution;
Having regard to Act No. 2005-149 of 21 February 2005 authorizing the approval of the International Treaty on Plant Genetic Resources for Food and Agriculture (both annexes);
Having regard to the amended Decree No. 53-192 of 14 March 1953 on the ratification and publication of the international commitments undertaken by France;
In view of Decree No. 95-140 of 6 February 1995 on the publication of the Convention on Biological Diversity, adopted at Rio de Janeiro on 22 May 1992 and signed by France on 13 June 1992,
Decrete:
The International Treaty on Plant Genetic Resources for Food and Agriculture (two annexes), signed in Rome on 6 June 2002, will be published in the Official Journal of the French Republic.
The Prime Minister and the Minister for Foreign Affairs are responsible for the execution of this Order, which will be published in the Official Journal of the French Republic.
T R A I T E I N T E R N A T I O N A L
ON PHYTOGENETICAL RESOURCES FOR Acrylic AND AGRICULTURE (SECOND APPENDIX)
Preamble
Contracting Parties,
Convinced of the special nature of phytogenetic resources for food and agriculture, and of their particular characteristics and problems calling for 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 depend very largely on phytogenetic resources for food and agriculture coming from elsewhere;
Recognizing that the conservation, prospecting, collection, characterization, assessment and documentation of phytogenetic resources for food and agriculture play an essential role in the achievement of 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 that the capacity of countries in transition and transition should be urgently strengthened
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 conserve, 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 the rights of farmers and the promotion of the rights of farmers 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 questions concerning 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 between these sectors;
Aware of their responsibilities towards 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 arising from their use; and
Wishing to conclude an international agreement within the framework of the Food and Agriculture Organization of the United Nations, below referred to as the OAA, under Article XIV of its Constitution,
agreed that:
Part I
INTRODUCTION
Article 1
Objectives
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.
Article 2
Use of terms
For the purposes of this Treaty, the following terms have the meaning indicated 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 characteristics 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.
"Plant Diversity Centre" means a geographic area with a high level of genetic diversity for species under in situ conditions.
Article 3
Scope
This Treaty covers phytogenetic resources for food and agriculture.
Part II
GENERAL PROVISIONS
Article 4
General obligations
Each Contracting Party shall ensure compliance with its laws, regulations and procedures with its obligations under this Treaty.
Article 5
Conservation, prospecting, collection, characterization, assessment and documentation of plant genetic resources for food and agriculture
5.1. Each Contracting Party, subject to its national legislation, and in cooperation with other Contracting Parties, as appropriate, promotes an integrated approach to the prospecting, conservation and sustainable use of plant genetic resources for food and agriculture, and in particular, as appropriate, shall:
(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 these 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 their plant genetic resources on the farm for food and agriculture;
(d) Promote the in situ conservation of wild species related to crops and wildlife for food production, including in protected areas, by supporting, inter alia, the efforts of local and indigenous communities;
(e) Cooperate in a manner that promotes the development of an effective and sustainable ex situ conservation system, giving due attention to the need for appropriate documentation, characterization, regeneration and assessment, and promoting 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 sustainability, 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.
Article 6
Sustainable use of plant genetic resources
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 strengthens 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, adventures and pests;
(c) Promote, as appropriate, with the participation of farmers, particularly in developing countries, the selection efforts that strengthen the capacity to develop varieties specifically tailored to different social, economic and ecological conditions, including in marginal areas;
(d) Raising the genetic basis of cultivated plants and increasing the diversity of genetic material available to farmers;
(e) Promote, as appropriate, increased use of cultivated plants, varieties and underutilized species, local or adapted 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-grown plants and create close links between plant selection and agricultural development to reduce the vulnerability of crop plants and genetic erosion, and to promote increased global food production that is compatible with sustainable development; and
(g) Monitor and, as appropriate, adjust selection strategies and regulations for the sale of varieties and seed distribution.
Article 7
National commitments and international cooperation
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 the OAA 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) To establish or strengthen the capacity of developing countries and countries with economies in transition for the conservation and sustainable use of plant genetic resources for food and agriculture;
(b) To strengthen international activities to promote conservation, assessment, documentation, genetic improvement, plant selection, multiplication of seeds and, in accordance with Part IV, the sharing, access to and exchange of phytogenetic resources for food and agriculture and appropriate information and technologies;
(c) To maintain and strengthen the institutional arrangements referred to in Part V; and
(d) Implement the financing strategy for Article 18.
Article 8
Technical assistance
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 AGRICULTURS
Article 9
Rights of farmers
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 the rights of farmers, in terms of phytogenetic 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 maintain, use, exchange and sell farm seeds or multiplication equipment, subject to the provisions of national legislation and as appropriate.
Part IV
MULTILATERAL SYSTEM OF ACCESS
AND PARTAGE OF BENEFITS
Article 10
Multilateral system of access and benefit-sharing
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.
Article 11
Coverage of the Multilateral System
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 section 1, the Multilateral System applies to plant genetic resources for food and agriculture listed in Appendix I on the basis of the criteria for food security and interdependence.
11.2. The Multilateral System, as outlined in Article 11.1, encompasses all plant genetic resources for food and agriculture listed in Appendix 1 that are managed and administered by Contracting Parties and fall within the public domain. To achieve the fullest possible coverage, Contracting Parties invite all other plant genetic resource holders for food and agriculture listed in Appendix I 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 within their jurisdiction who have phytogenetic resources for food and agriculture listed in Annex I to incorporate such phytogenetic resources for food and agriculture in 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 the phytogenetic resources for food and agriculture listed in Appendix I 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 15.1 a, and in other international institutions, in accordance with Article 15.5.
Article 12
Easy access to phytogenetic resources
Food and Agriculture within the Multilateral System
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 multiple-use cultivated plants (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 international agreements and relevant 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 that incorporates the provisions of Article 12.3 a, d and g, as well as the provisions relating to the sharing of benefits set out in Article 13.2 d ii) and the other relevant provisions of this Treaty, as well as the provision indicating that the beneficiary of
12.5. The 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, recognizing that the obligations arising from these ATMs are the sole responsibility of the parties involved 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.
Article 13
Benefit sharing in the Multilateral System
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 a fair and favourable basis, in particular in the case of technologies used for advanced conservation, as well as technologies for farmers in countries with economies in development 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 marketing:
(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 shall 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 beneficiaries 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 shared food and agriculture 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 analyzes a relevant policy and criteria to provide specific assistance in the context of the agreed funding strategy set out in Article 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 a special impact.
13.5. The Contracting Parties recognize that the ability 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 benefit-sharing strategy, under which food industries that leverage phylogenetic resources for food and agriculture contribute to the Multilateral System.
Part V
PAPUI ELEMENTS
Article 14
Global Action Plan
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 13.
Article 15
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
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 on 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) The phytogenetic resources for food and agriculture listed in Appendix I to this Treaty and held by ICRA are available in accordance with the provisions set out in Part IV of this Treaty;
(b) Phytogenetic resources for food and agriculture other than those listed in Appendix I to this Treaty and collected prior to the entry into force of that held by CIRA are available in accordance with the provisions of the ATM currently in force in accordance with the agreements between CIRA and the OAA. This ATM is amended by 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 Steering Body that has been concluded, in accordance with a schedule to be prepared by the Governing Body;
(ii) Contracting Parties in whose territory 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 19.3(f) 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) 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) The ICRA shall recognize to the Governing Body the authority 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 OAA Food and Agriculture Genetic Resources Commission;
(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 article;
(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. The Contracting Parties agree to provide facilitated access to the phytogenetic resources for food and agriculture included in Annex I within the framework of the Multilateral System for IARC of IARC 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 Contracting Parties upon request.
15.3. The material other than that listed in Appendix I, which is received and retained by CIRAs after the entry into force of this Treaty, is accessible under conditions consistent with those mutually agreed between 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, on mutually agreed terms, to phytogenetic resources for the food and agriculture of crops not listed in Appendix I that are important to IARC 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.
Article 16
International networks of phytogenetic resources
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.
Article 17
The Global Resource Information System
phytogenees for food and agriculture
17.1. The Contracting Parties shall 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 relating to plant genetic resources for food and agriculture, taking into account that such 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 a danger threatening the effective maintenance of phytogenetic resources for food and agriculture, an early warning must be launched to safeguard genetic material.
17.3. The Contracting Parties shall cooperate with the OAA's Commission on Genetic Resources for Food and Agriculture in its regular reassessment of the state of phytogenetic resources for food and agriculture worldwide in order to facilitate the updating of the World Continuous Development Action Plan referred to in Article 14.
Part VI
FINANCIAL PROVISIONS
Article 18
Financial resources
18.1. The Contracting Parties undertake to implement a financing strategy for the implementation 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 activities under this Treaty;
18.3. In order to mobilize funds for priority activities, plans and programmes, particularly for developing countries and countries with economies in transition, and taking into account the Global Action Plan, the Steering 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 Contracting Parties that are developing countries and Contracting Parties with economies in transition effectively fulfil their obligations under this Treaty depends on the effective allocation, including by Contracting Parties that are developed countries, of the resources referred to in this Article. Developing countries that are Contracting Parties and Contracting Parties in transition give all the priority, in their own plans and programmes, to strengthen their capacity for plant genetic resources for food and agriculture;
(c) Contracting Parties that are developed countries also provide, and Contracting Parties that are developing countries and Contracting Parties in transition shall be provided with financial resources for the implementation of this Treaty through bilateral, regional and multilateral channels. These routes include the mechanism referred to in Article 19.3(f);
(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 derived from Article 13.2 d are part of the funding 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 shall consider 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 use plant genetic resources for food and agriculture in a sustainable manner.
Part VII
INSTITUTIONAL PROVISIONS
Article 19
Steering Body
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 the decision-making of 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) To 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) To adopt plans and programmes for the implementation of this Treaty;
(c) To adopt at its first session and to periodically review the financing strategy for the implementation of this Treaty, in accordance with the provisions of Article 18;
(d) To 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) To establish, as appropriate, an appropriate mechanism such as a trust account to collect and use the financial resources it receives for the purpose of implementing 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) To examine and adopt, as appropriate, amendments to this Treaty in accordance with the provisions of Article 23;
(i) To 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) To perform any other functions necessary to achieve the objectives of this Treaty;
(l) To 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) To approve the terms of agreements with IARC and other international institutions referred to in Article 15, and to 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 by 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 and any State not a Contracting Party to this Treaty may be represented as observers at the sessions of the Governing Body. Any other body or institution, whether governmental or non-governmental, having jurisdiction in matters relating to the conservation and sustainable use of phytogenetic resources for food and agriculture, which has 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 are 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 member organization of the OAA 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 the OAA.
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 Contracting Parties is necessary to constitute a quorum at any session of the Governing Body.
19.9. The Governing Body shall hold 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 OAA Genetic Resources Commission for Food and Agriculture.
19.10. Special sessions of the Governing Body shall be held when the Governing Body considers 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 shall elect the President and the Vice-Chairpersons (who collectively constitute the "Office") in accordance with its rules of procedure.
Rule 20
Secretariat
20.1. The Secretary of the Governing Body is appointed by the Director General of the OAA, 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 to them;
(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 Steering Body in the six languages of the United Nations.
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.
Article 21
Implementation
The Steering 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.
Article 22
Settlement of disputes
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 or acceding to this Treaty, 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 Annex 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 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.
Article 23
Amendments to the Treaty
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 that have 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 an OAA Member Organization is not considered to be in addition to the instruments deposited by the Member States of that organization.
Article 24
Annexes
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.
Rule 25
Signature
This Treaty is open for signature at the OAA from 3 November 2001 to 4 November 2002 for all members of FAO and all States that, although not members of FAO, are members of the United Nations, one of its specialized agencies or the International Atomic Energy Agency.
Rule 26
Ratification, acceptance or approval
This Treaty is subject to ratification, acceptance or approval by members and non-members of the OAA referred to in Article 25. Instruments of ratification, acceptance or approval shall be submitted to the Depositary.
Rule 27
Access
This Treaty is open to the accession of all members of the OAA and all States that, although not members of the OAA, are members of the United Nations, 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.
Rule 28
Entry into force
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 the OAA.
28.2. For each member of the OAA and any State that, although not a member of the OAA, is a member of the United Nations, one of its specialized agencies or the International Atomic Energy Agency that ratifies, accepts and approves or accedes to this Treaty, after the deposit, in accordance with Article 28.1, of the fortieth instrument of ratification, acceptance, approval or approval of the Treaty
Rule 29
OAA member organizations
29.1. When a Member Organization of the OAA deposits an instrument of ratification, acceptance, approval or accession for this Treaty, the Member Organization shall, in accordance with the provisions of Article II, paragraph 7, of the Constitution of the OAA, notify any change in the allocation of powers to the declaration of jurisdiction that it has submitted under Article II, paragraph 5, of the Constitution of the OAA, if Any Contracting Party to this Treaty may, at any time, request a member Organization of the OAA 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 any particular matter 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 an OAA Member Organization are not considered to be in addition to the instruments deposited by the Member States of the said Member Organization.
Rule 30
Reservations
No reservation may be made to this Treaty.
Rule 31
Non-party
Contracting Parties shall encourage any OAA Member State or any other State not Contracting Party to this Treaty to accede to this Treaty.
Rule 32
Denunciation
32.1. Each Contracting Party may, at any time, have spent 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 immediately inform all Contracting Parties.
32.2. The denunciation takes effect one year after the date of receipt of the notification.
Rule 33
Extinction
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.
Rule 34
Depositary
The Director General of the OAA is the Depositary of this Treaty.
Rule 35
Authentic texts
The texts in Arabic, Chinese, English, French, Russian and Spanish of this Treaty are equally authentic.
Annex I
LIST OF CULTIVIL RESULTS
MULTILATERAL SYSTEM
Grown food species
You can see the table in the OJ
No. 258 of 05/11/2005 text number 4
Furnishings
You can see the table in the OJ
No. 258 of 05/11/2005 text number 4
ANNEX II
Part 1
ARBITRAGE
Article 1
The requesting party shall notify the Secretary that the parties concerned shall 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 transmit such information to all 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 Tribunal. 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 the OAA 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 has not made the appointment of an arbitrator, the other party may refer to the Director General of the OAA, 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 otherwise decided by the parties to the dispute, 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 available means to:
(a) Provide the Tribunal with all necessary documents, information and facilities;
(b) Allow the Tribunal, 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 as to the particular circumstances of the case, the costs of the Tribunal shall be borne equally by the parties to the dispute. The Tribunal shall maintain a statement 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 Tribunal.
Article 11
The Tribunal 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 Tribunal to continue the proceedings and make its decision. The fact that one of the parties to the dispute did not appear before the Tribunal 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 Tribunal shall make its final award 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 Tribunal 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
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 Commission shall consist of five members, each party concerned by appointing two members and the Chairperson 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 the OAA 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 after the last appointment of a member of the Commission, the Commission has not chosen its Chairman, the Director General of the OAA 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 Commission, the Commission shall decide whether or not it is competent.
Done in Paris, October 28, 2005.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
Minister of Foreign Affairs,
Philippe Douste-Blazy
