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On The International Treaty On Plant Genetic Resources For Food And Agriculture

Original Language Title: Par Starptautisko līgumu par augu ģenētiskajiem resursiem pārtikai un lauksaimniecībai

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The Saeima has adopted and the President promulgated the following laws: on the international treaty on plant genetic resources for food and agriculture in article 1. 3 November 2001 International Treaty on plant genetic resources for food and Agriculture (hereinafter referred to as the Treaty) this law is adopted and approved. 2. article. Contractual commitments coordinated by the Ministry of agriculture. 3. article. The agreement shall enter into force for the period specified in article 28 and the order, and the Ministry of Foreign Affairs shall notify the newspaper "journal". 4. article. The law shall enter into force on the day following its promulgation. With the law put a contract in English and its translation into Latvian language. The law adopted by the Parliament in 2004 on April 7. State v. President Vaira Vīķe-Freiberga in Riga 2004. April 21, INTERNATIONAL TREATY ON plant GENETIC RESOURCES FOR FOOD AND agriculture preamble the Contracting Parties, Convinced of the special nature of plant genetic resources for food and agriculture, their distinctive features and problems needings distinctive solutions; Alarmed by the continuing erosion of these resources; Cognizan to that plant genetic resources for food and agriculture with a common concern of all countries, in that all countries depend very largely on plant genetic resources for food and agriculture that originated elsewher; Acknowledging that the conservation, exploration, collection, characterization, evaluation and documentation of plant genetic resources for food and agriculture are essential in meeting the goals of the Rome Declaration on World Food Security and the World Food Summit Plan of Action and for a sustainable agricultural development for this and future generations, and that the capacity of developing countries and countries with economies in transition in such tasks the undertak needs urgently to be reinforced; Noting that the Global Plan of Action for the Conservation and Sustainable use of Plant Genetic resources for Food and agriculture is an internationally agreed framework for such activities; Acknowledging further that plant genetic resources for food and agriculture with the raw material for crop genetic improvement indispensabl, whethers by means of farmers ' selection, classical plant breeding or modern biotechnolog, and adapting it to the essentials of environmental change in the unpredictabl and future human needs; Affirming that the past, present and future contributions of farmers in all regions of the world, particularly those in centres of origin and diversity, in conserving, improving and making available these resources, is the basis of farmers ' rights; Affirming also that the rights recognized in this Treaty to save, use, Exchange and sell farm-saved seed and other propagating material, and to participat in decision-making regarding, and in the fair and equitable sharing of the benefits arising from the use of plant genetic resources for food and agriculture, with the fundamentals to the realizations of farmers ' rights, as well as the promotion of farmers ' rights at the national and international level; Recognizing that this Treaty and other international agreements relevant to this Treaty should be mutually supportive with a view to a sustainable agriculture and food security; Affirming that nothing in this Treaty shall be interpreted as implying in any way a change in the rights and obligations of the Contracting Parties under other international agreements; Understanding that the above recital is not intended to create a hierarchy between this Treaty and other international agreements; Aware that questions regarding the management of plant genetic resources for food and agriculture are at the meeting point between agriculture, the environment and commerce, and convinced that there should be synergy among these sector; Aware of their responsibility to past and future generations to conserve the World's diversity of plant genetic resources for food and agriculture; Recognizing that, in the exercise of their sovereign rights over their plant genetic resources for food and agriculture, States may mutually benefit from the creation of an effective system for facilitated access multilaterals it not a negotiated selection of these resources and for the fair and equitable sharing of the benefits arising from their use; and they conclud (menu Rngton Line4) an international agreement within the framework of the Food and Agriculture Organization of the United Nations, hereinafter referred to as FAO, under article XIV of the FAO Constitution; Have agreed as follows: part I — INTRODUCTION article 1 — Objective 1.1 of the objective of this Treaty with the conservation and sustainable use of plant genetic resources for food and Agriculture and the fair and equitable sharing of the benefits arising out of their use, in harmony with the Convention on Biological Diversity, for sustainable agriculture and food security office. 1.2 these objective will be attained by closely linking this Treaty to the Food and Agriculture Organization of the United Nations and the Convention on Biological Diversity to the. Article 2 — use of terms For the purpose of this Treaty, the following terms shall have the meaning assigned to them hereunder is. These are not intended for the definition covers trade in commodities: "In situ conservation" means the conservation of ecosystems and natural habitats and the maintenance and recovery of the population of species viabl in their natural surrounding and, in the case of domesticated or cultivated plant species, in the surrounding of a where they have developed their distinctive properties. "Ex situ conservation" means the conservation of plant genetic resources for food and agriculture outside their natural habitat. "Plant genetic resources for food and Agriculture" means any genetic material of plant origin of actual or potential value for food and agriculture. "Genetic material" means any material of plant origin, including reproductive and propagating material, containing functional vegetativ in units of heredity. "Variety" means a plant grouping within a single botanical taxon, of the lowest known rank, defined by the reproducibl expression of its genetic characteristics distinguishing and others. "Ex situ collection" means a collection of plant genetic resources for food and agriculture maintained outside their natural habitat. "Center of origin" means a location area where a plant species, either domesticated or wild, first developed its distinctive properties. "The Centre of crop diversity" means a geographic area containing a high level of genetic diversity for crop species in in situ conditions. Article 3 – scope this Treaty relate to plant genetic resources for food and agriculture. Part II: the GENERAL PROVISION of article 4 — Obligation of Each Contracting Party shall General ensur the conformity of its laws, regulations and procedures with its obligations as provided in this Treaty. Article 5 — Conservation, Exploration, Collection, Characterization, Evaluation and Documentation of Plant Genetic resources for Food and agriculture 5.1 Each Contracting Party shall, subject to national legislation, and in cooperation with other Contracting Parties where appropriate, promote an integrated approach to the exploration, conservation and sustainable use of plant genetic resources for food and Agriculture and in particular shall, as appropriate: (a) Survey and inventory plant genetic resources for food and agriculture , taking into account the status and degree of variation in the existing population, including those that are of potential use and, as feasibl, assess any threats to them; (b) promote the collection of plant genetic resources for food and Agriculture and relevant associated information on those plant genetic resources that are under threat or in of potential use; (c) promote or support, as appropriate, farmers and local communities ' efforts to manage and conserve on-farm their plant genetic resources for food and agriculture; (d) promote in situ conservation of wild crop relatives and wild plants for food production, including in protected areas, by supporting, inter alia, the efforts of indigenous Australians and local communities; (e) Cooperate to promote the development of an efficient and sustainable system of ex situ conservation, giving due attention to the need for an adequat documentation, characterization, regeneration and evaluation, and promote the development and transfer of appropriate technologies for this purpose with a view to improving the sustainable use of plant genetic resources for food and agriculture; (f) Monitor the maintenance of the viability, degree of variation, and the genetic integrity of collections of plant genetic resources for food and agriculture. 5.2 the Contracting Parties shall, as appropriate, take steps to minimize or, if possible, the threats to eliminat plant genetic resources for food and agriculture. Article 6 – Sustainable use of Plant Genetic resources 6.1 the Contracting Parties shall develop and maintain appropriate policy and legal measure of that promote the sustainable use of plant genetic resources for food and agriculture. 6.2 the sustainable use of plant genetic resources for food and agriculture may include such measure as of: (a) pursuing fair agricultural policies that promote, as appropriate, the development and maintenance of diverse farming systems that enhance the sustainable use of agricultural biological diversity and other natural resources; (b) strengthening research which enhance and conserves biological diversity by maximizing intra-and inter-specific variation for the benefit of farmers, especially those who generate and use their own can go and apply ecological principles in maintaining soil fertility and in combating diseases, weed and salvation; (c) promoting, as appropriate, plant breeding efforts which, with the participation of farmers, particularly in developing countries, strengthen the capacity to develop adapted social, it can do particularly economic and ecological conditions, including in marginal areas; (d) broadening the genetic base of crop and increasing the range of genetic diversity available to farmers; (e) promoting, as appropriate, the expanded use of local and locally adapted crop, you can go and underutilized species; (f) supporting, as appropriate, the wider use of diversity of species in mind and can on-farm management, conservation and sustainable use of crop and creating strong links to plant breeding and agricultural development in order to reduce crop vulnerability and genetic erosion, and promote increased world food production compatible with sustainable development; and (g) reviewing, and, as appropriate, adjusting breeding strategies and regulations concerning variety release and seed distribution. Article 7 — National Commitment and International Cooperation 7.1 Each Contracting Party shall, as appropriate, integrate into its agriculture and rural development policies and programmes, activities referred to in articles 5 and 6, and cooperate with other Contracting Parties, directly or through FAO and other relevant international organizations, in the conservation and sustainable use of plant genetic resources for food and agriculture. 7.2 International cooperation shall, in particular, be directed to: (a) establishing or strengthening the capabilities of developing countries and countries with economies in transition with respect to conservation and sustainable use of plant genetic resources for food and agriculture; (b) enhancing international activities to promote conservation, evaluation, documentation, genetic enhancement, plant breeding, seed multiplication; and sharing, providing access to, and exchanging, in conformity with part IV, plant genetic resources for food and Agriculture and appropriate information and technology; (c) maintaining and strengthening the institutional arrangements provided for in part V; and (d) implementations that the funding strategy of article 18. Article 8 — Technical assistance, the Contracting Parties agree to promote the provision of technical assistance to Contracting Parties, especially those that are developing countries or countries with economies in transition, either bilaterally or through the appropriate international organizations, with the objective of facilitating the implementation of this Treaty. Part III — farmers ' Rights article 9 – farmers ' rights 9.1 the Contracting Parties recognize the enormo-contributions that the local and indigenous Australians in communities and farmers of all regions of the world, particularly those in the centres of origin and crop diversity, have made and will continue to make for the conservation and development of plant genetic resources which constitut the basis of food and agriculture production throughout the world. 9.2 the Contracting Parties agree that the responsibility for realizing farmers ' rights, as they relate to plant genetic resources for food and agriculture, rests with national Governments. In accordanc with their needs and allocation to each Contracting Party should, as appropriate, and subject to its national legislation, take measure to protect and promote farmers ' rights, including: (a) protection of traditional knowledge relevant to plant genetic resources for food and agriculture; (b) the right to equitably sharing the benefits arising participat in from the utilization of plant genetic resources for food and agriculture; and (c) the right to participat in making decisions, at the national level, on matters related to the conservation and sustainable use of plant genetic resources for food and agriculture. 9.3 Nothing in this article shall be interpreted to limit any rights that farmers have to save, use, Exchange and sell farm-saved seed/propagating material, subject to national law and as appropriate. Part IV — the MULTILATERALS system OF access AND benefit-SHARING article 10 — system of Multilaterals access and benefit-sharing In their relationships with others 10.1 States that the Contracting Parties recognize the sovereign rights of States over their own plant genetic resources for food and agriculture, including that the authority it is determin what access those resources rests with the national Governments and is subject to national legislation. 10.2 In the exercise of their sovereign rights, the Contracting Parties agree to establish a system by which the multilaterals is efficient, effective, and transparent, both to access to facilitat plant genetic resources for food and agriculture, and to share, in a fair and equitable way, the benefits arising from the utilization of these resources, on a complementary and mutually reinforcing basis. Article 11 — the coverage of the Multilaterals system 11.1 In furtheranc of the objective of conservation and sustainable use of plant genetic resources for food and Agriculture and the fair and equitable sharing of benefits arising out of their use, as stated in article 1, the Multilaterals system shall cover the plant genetic resources for food and agriculture listed in Annex I , established according to the criteria of food security and interdependenc. 11.2 the Multilaterals system, as identified in article 11.1, shall include all plant genetic resources for food and agriculture listed in Annex I that are under the management and control of the Contracting Parties and in the public domain. With a view to achieving the fulles the possible coverage of the Multilaterals system, the Contracting Parties invite all other holders of the plant genetic resources for food and agriculture listed in Annex I to include these plant genetic resources for food and agriculture in the Multilaterals system. 11.3 Contracting Parties also agree to take appropriate measure to natural and legal persons to encourag within their jurisdiction who hold plant genetic resources for food and agriculture listed in Annex I to include such plant genetic resources for food and agriculture in the Multilaterals system. 11.4 Within two years of the entry into force of the Treaty, the Each Body shall assess the progress in including the plant genetic resources for food and agriculture referred to in paragraph 11.3 in the Multilaterals system. Following this assessment, the Body shall decide Each whethers access shall continue to be facilitated to those natural and legal persons referred to in paragraph 11.3 that have not included these plant genetic resources for food and agriculture in the Multilaterals system, or take such other measure it in the appropriate axis deemas. 11.5 the Multilaterals system shall also include the plant genetic resources for food and agriculture listed in Annex I and held in the ex situ collections of the International Agricultural Research centres of the Consultative Group on International Agricultural Research (CGIAR), as provided in article 15.1, and in other international institutions, in accordanc with article 15.5. Article 12 – Facilitated access to plant genetic resources for food and agriculture within the Multilaterals system 12.1 the Contracting Parties agree that facilitated access the plant genetic resources for food and agriculture under the system, as defined in the multilaterals article 11, shall be in accordanc with the provision of this Treaty. 12.2 the Contracting Parties agree to take the legal or other appropriate measure cessary to provide such access to other Contracting Parties through the Multilaterals system. To this effect, such access shall also be provided to legal and natural persons under the jurisdiction of any Contracting Party, subject to the provision of article 11.4.12.3 Such access shall be provided in accordanc with the condition below: (a) access shall be provided solely for the purpose of utilization and conservation for research, breeding and training for food and agriculture , provided that such purpose does not include chemical, pharmaceutical and/or other non-food/feed industrial use. In the case of multiple-use crop (food and non-food), their food security should be for importanc the determinan for their inclusion in the Multilaterals system and availability for facilitated access. (b) access shall be accorded expeditiously, without the need to track individual accession and free of charge, or, when a fee is charged, it shall note 12 the minimal cost involved; (c) All available passport data and, subject to applicable law, any other associated available non-confidential descriptive information, shall be made available with the plant genetic resources for food and agriculture provided; (d) the Recipient shall not claim any intellectual property or other rights that limit the facilitated access to the plant genetic resources for food and agriculture, or their genetic parts or components, in the form received from the Multilaterals system; (e) access to plant genetic resources for food and agriculture under development, including material being developed by farmers, shall be at the discretion of its developer, during the period of its development; (f) access to plant genetic resources for food and agriculture protected by intellectual and other property rights shall be consistent with relevant international agreements, and with relevant national laws; (g) plant genetic resources for food and agriculture accessed under the Multilaterals system and conserved shall continue to be made available to the Multilaterals system by the recipients of those plant genetic resources for food and agriculture, under the terms of this Treaty; and (h) without prejudice to the other provision under this article, the Contracting Parties agree that access to plant genetic resources for food and agriculture found in in situ conditions will be provided according to national legislation or, in the absence of such legislation, in accordanc with such standards as may be set by the Each Body. 12.4 To this effect, facilitated access, in accordanc with articles 12.2 and 12.3 above, shall be provided to a standard material transfer pursuan agreement (MTA), which shall be adopted by the Body and Each contain the provision of articles 12.3 (d) and (g), as well as the benefit-sharing provision set forth in article 13.2 (d) (ii) and others relevant provision of this Treaty, and the provision that the recipient of the plant genetic resources for food and agriculture shall require that the conditions of the MTA shall apply to the transfer of plant genetic resources for food and agriculture to another person or entity, as well as to any subsequent transfers of those plant genetic resources for food and agriculture. 12.5 Contracting Parties shall ensur that an opportunity to seek recourses is available, consistent with applicable jurisdictional requirements, under their legal systems, in case of contractual dispute arising under such of MT, recognizing that such an obligation arising under MT of rest exclusively with the parties to those MTA. 12.6 In emergency disaster situation, the Contracting Parties agree to provide facilitated access to appropriate plant genetic resources for food and agriculture in the Multilaterals system for the purpose of contributing to the re-establishment of agricultural systems, in cooperation with disaster relief co-ordinators. Article 13-benefit-sharing in the Multilaterals system 13.1 the Contracting Parties recognize that facilitated access to plant genetic resources for food and agriculture which are included in the system itself of the Multilaterals constitut a major benefit of the Multilaterals system and agree that benefits accruing therefrom shall be shared fairly and equitably in accordanc with the provision of this article. 13.2 the Contracting Parties agree that benefits arising from the use, including commercial, of plant genetic resources for food and agriculture under the Multilaterals system shall be shared fairly and equitably through the following mechanism: the exchange of information, access to and transfer of technology, capacity-building, and the sharing of the benefits arising from commercialization, taking into account the priority activity areas in the rolling Global Plan of Action , under the guidance of the Each Body: (a) exchange of information: the Contracting Parties agree to make available information which shall, inter alia, encompass catalogue and inventor, information on technologies, results of technical, scientific and socio-economic research, including characterization, evaluation and utilization, regarding those plant genetic resources for food and agriculture under the Multilaterals system. Such information shall be made available, where non-confidential, subject to applicable law and in accordanc with national capabilities. Such information shall be made available to all Contracting Parties to this Treaty through the information system provided for in article 17 (b) access to and transfer of technology: (i) the Contracting Parties to provide undertak and/or facilitat access to technologies for the conservation, characterization, evaluation and use of plant genetic resources for food and agriculture which are under the Multilaterals system. Recognizing that some technologies can only be transferred through genetic material, the Contracting Parties shall provide and/or facilitat access to such technologies and genetic material which is under the system and to improved Multilaterals can go and genetics material developed through the use of plant genetic resources for food and agriculture under the Multilaterals system, in conformity with the provision of article 12, access to these technologies You can choose and genetics, improved material shall be provided and/or facilitated, while respecting applicable property rights and access laws, and in accordanc with national capabilities. (ii) access to and transfer of technology to countries, especially to developing countries and countries with economies in transition, shall be carried out through a set of measure, such as the establishment and maintenance of, and participation in, crop-based thematic groups on utilization of plant genetic resources for food and agriculture, all types of partnership in research and development and in commercial joint ventures relating to the material received , human resource development, and effective access to research facilities. (iii) access to and transfer of technology as referred to in (i) and (ii) above, including that protected by intellectual property rights, developing countries that are Contracting Parties, in particular least developed countries, and countries with economies in transition, shall be provided and/or facilitated under fair and most of the terms, in particular favourabl in the case of technologies for use in conservation as well as technologies for the benefit of farmers in developing countries , especially in the least developed countries, and countries with economies in transition, including on concessional and preferential terms where mutually agreed, inter alia, through partnerships in research and development under the Multilaterals system. Such access and transfer shall be provided on terms which recognize and are consistent with the adequat and effective protection of intellectual property rights. (c) Capacity-building: Taking into account the needs of developing countries and countries with economies in transition, as expressed through the priority they accord their building capacity in the plant genetic resources for food and agriculture in their plans and programmes, when in place, in respect of those plant genetic resources for food and agriculture covered by the Multilaterals system, the Contracting Parties agree to give priority to (i) establishing and/or strengthening program for scientific and technical education and training in conservation and sustainable use of plant genetic resources for food and agriculture, (ii) developing and strengthening facilities for conservation and sustainable use of plant genetic resources for food and agriculture, in particular in developing countries, and countries with economies in transition, and (iii) carrying out scientific research, preferably and where possible, in developing countries and countries with economies in transition, in cooperation with institutions of such countries , and developing capacity for such research in fields where they are needed. (d) Sharing of monetary and other benefits of commercialization: (i) the Contracting Parties agree, under the system, the Multilaterals to take measure in order to achieve commercial benefit-sharing, through the involvement of the private and public sectors in activities identified under this article, through partnerships and collaboration, including with the private sector in developing countries and countries with economies in transition, in research and technology development; (ii) the Contracting Parties agree that the standard Material Transfer Agreement referred to in article 12.4 shall include a requirement that a recipient who commercializ a product that is a plant genetic resource for food and Agriculture and that of the material accessed from the incorporat Multilaterals system, shall pay to the mechanisms referred to in article 19.3 (f), an equitable share of the benefits arising from the commercialization of the product you using the whenever such a product, is available without restriction to others for further research and breeding, in which case the recipient who shall be of the commercializ encouraged to make such payment. The Body shall, Each at its first meeting, determin the level, form and manner of the payment, in line with commercial practice. The Each Body may decide to establish different levels of payment for various categories of recipients who commercializ is such products; It may also decide on the need to main a from such payments small farmers in developing countries and in countries with economies in transition. The Each Body may, from time to time, review the level of payment with a view to achieving fair and equitable sharing of benefits, and it may also assess, within a period of five years from the entry into force of this Treaty, whethers the mandatory payment requirement in the MTA shall apply also in cases where such commercialized products are available without restriction to others for further research and breeding. 13.3 the Contracting Parties agree that benefits arising from the use of plant genetic resources for food and agriculture that are shared under the Multilaterals system should flow primarily, directly and indirectly, to farmers in all countries, especially in developing countries, and countries with economies in transition, who conserve and sustainably utilizes plant genetic resources for food and agriculture. 13.4 the Each Body shall, at its first meeting, consider relevant policy and criteria for specific assistance under the agreed funding strategy established under 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 in the Multilaterals system is significant and/or which have special needs. 13.5 the Contracting Parties recognize that the ability to fully implementations that the Global Plan of Action, in particular of developing countries and countries with economies in transition, will depend largely upon the effective implementation of this article and of the funding strategy as provided in article 18.8.5 the Parties shall consider Contracting out of a Hollywood rescue modalit of benefit-sharing contributions whereby Food Processing industries that benefit from plant genetic resources for food and agriculture shall contribute to the Multilaterals System. Part V-SUPPORTING components article 14 – Global Plan of Action, Recognizing that the rolling Global Plan of Action for the Conservation and Sustainable use of Plant Genetic resources for Food and agriculture is important to this Treaty, Contracting Parties should promote its effective implementation, including through national actions and international cooperation, as appropriate, to provide a coheren framework, inter alia, for capacity-building, technology transfer and exchange of information, taking into account the provision of article 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 on International Agricultural Research and other International institutions 15.1 the Contracting Parties recognize the importanc to this Treaty of the ex situ collections of plant genetic resources for food and Agriculture held in trust by the International Agricultural Research centres (IARC) of the Consultative Group on International Agricultural Research (CGIAR). The Contracting Parties call upon the IARC to sign agreements with the Each Body with regard to such ex situ collections, in accordanc with the following terms and conditions: (a) plant genetic resources for food and agriculture listed in Annex I of this Treaty and held by the IARC in shall be made available in accordanc with the provision set out in part IV of this Treaty. (b) plant genetic resources for food and agriculture other than those listed in Annex I of this Treaty and collected before its entry into force that are held by IARC in IR be made available in accordanc with the provision of the MTA currently in use to agreements between pursuan the IARC and the FAO. This MTA shall be amended by the Body from later than it is Each second regular session, in consultation with the IARC, in accordanc with the relevant provision of this Treaty, especially articles 12 and 13, and under the following conditions: (i) shall periodically inform the IARC for the Each Body about the MTA's entered into, according to a schedule to be established by the Each Body; (ii) the Contracting Parties in whose territory the plant genetic resources for food and agriculture were collected from in situ conditions shall be provided with a sample of such plant genetic resources for food and agriculture on demand, without any MTA; (iii) benefits arising under the above MTA that accru to the mechanism mentioned in article 19.3 (f) shall be applied, in particular, to the conservation and sustainable use of the plant genetic resources for food and agriculture in question, particularly in national and regional programmes in developing countries and countries with economies in transition, especially in centres of diversity and the least developed countries; and (iv) the IARC will take appropriate measure shall, in accordanc with their capacity, to maintain effective compliance with the conditions of the MTA, and shall promptly inform the Body of Each case of non-compliance. (c) recognize the authority of the IARC of the Each Body to provide policy guidance relating to ex situ collections held by them and subject to the provision of this Treaty. (d) the scientific and technical facilities in which such ex situ collections are conserved shall remain under the authority of the IARC, which manage and administer it undertak these ex situ collections in accordanc with internationally accepted standards, in particular the Genebank standards as endorsed by the FAO Commission on Genetic resources for Food and agriculture. (e) Upon request by an IARC, the Secretary shall endeavour to provide appropriate technical support. (f) the Secretary shall have, at any time, the right of access to the facilities, as well as the right to inspect all activities performed therein directly related to the conservation and exchange of the materials covered by this article. (g) If the orderly maintenance of these ex situ collections held by IARC is impeded or threatened by whatever event, including force majeure, the Secretary, with the approval of the host country, shall assist in its evacuation or transfer, to the exten to possible. 15.2 the Contracting Parties agree to provide facilitated access to plant genetic resources for food and agriculture in Annex I under the system the Multilaterals IARC of the CGIAR that have signed agreements with the Each Body in accordanc with this Treaty. Such centres shall be included in a list held by the Secretary to be made available to the Contracting Parties on request. 15.3 the material other than that listed in Annex I, which is received and conserved by IARC after the coming into force of this Treaty, shall be available for access on terms consistent with those mutually agreed between the IARC that receive the material and the country of origin of such resources or the country that has acquired those resources in accordanc with the Convention on Biological Diversity or other applicable law. 15.4 the Contracting Parties are encouraged to provide that IARC have signed agreements with the Each Body with access, on mutually agreed terms, the plant genetics resources for food and agriculture listed in Annex I to this note are important to the program and activities of the IARC. 15.5 the Each Body will also seek to establish agreements for the purpose of stated in this article with other relevant international institutions. Article 16 – International Plant Genetic resources networks 16.1 Existing cooperation in international plant genetic resources for food and agriculture networks will be encouraged or developed on the basis of existing arrangements and consistent with the terms of this Treaty, so as to achieve as complete coverage as possible of plant genetic resources for food and agriculture. 16.2 the Contracting Parties will, as appropriate, encourag all relevant institutions, including governmental, private, non-governmental, research, breeding and other institutions, to participat in the international networks. Article 17 — the Global Information System on Plant Genetic resources for Food and agriculture 17.1 the Contracting Parties shall cooperate to develop and strengthen a global information system to facilitat the exchange of information, based on existing information systems, on scientific, technical and environmental matters related to plant genetic resources for food and agriculture, with the expectations that such exchange of information will contribute to the sharing of benefits by making information on plant genetic resources for food and agriculture available to all Contracting Parties. In developing the Global Information System, cooperation will be sought with the Clearing House Mechanism of the Convention on Biological Diversity. 17.2 Based on notification by the Contracting Parties, early warning should be provided about the hazard that threaten the efficient maintenance of plant genetic resources for food and agriculture, with a view to safeguarding the materials. 17.3 the Contracting Parties shall cooperate with the Commission on Genetic resources for Food and Agriculture of the FAO in its periodic reassessmen of the State of the world's plant genetic resources for food and agriculture in order to facilitat the updating of the rolling Global Plan of Action referred to in article 14 Of the VI-FINANCIAL PROVISION of article 18 – Financial resources 18.1 the Contracting Parties to undertak implementations that a funding strategy for the implementation of this Treaty in accordanc» with the provision of this article. 18.2 the objective of the funding strategy shall be to enhance the availability, transparency, efficiency and effectiveness of the provision of financial resources to activities under this implementations that Treaty. 18.3 In order to mobilise funding for priority activities, plans and programmes, in particular in developing countries and countries with economies in transition, and taking the Global Plan of Action into account, the Body shall periodically establish a target Each for such funding. 18.4 to this funding strategy Pursuan: (a) the Contracting Parties shall take the cessary and appropriate measure within the bodies of Each relevant international mechanisms, funds and bodies to ensur du priority and attention to the effective allocation of predictabl and agreed resources for the implementation of plans and programmes under this Treaty. (b) the exten to which Contracting Parties that are developing countries and Contracting Parties with economies in transition will effectively implementations that their commitment under this Treaty will depend on the effective allocation, particularly by the developed country Parties, of the resources referred to in this article. Contracting Parties that are developing countries and Contracting Parties with economies in transition will accord due priority in their own plans and programs to building capacity in the plant genetic resources for food and agriculture. (c) the Contracting Parties that are developed countries also provide, and Contracting Parties that are developing countries and Contracting Parties with economies in transition themselves availa ... of, financial resources for the implementation of this Treaty through bilateral and regional and multilaterals channel. Such channels shall include the mechanisms referred to in article 19.3 (f). (d) Each Contracting Party agree to undertak, and provide financial resources for national activities for the conservation and sustainable use of plant genetic resources for food and agriculture in accordanc with its national capabilities and financial resources. The financial resources provided shall not be used to ends inconsistent with this Treaty, in particular in areas related to international trade in commodities. (e) the Contracting Parties agree that the financial benefits arising from article 13.2 (d) with on of the funding strategy. (f) Voluntary contributions may also be provided by Contracting Parties, the private sector, taking into account the provision of article 13, non-governmental organisations and other sources. The Contracting Parties agree that the Each Body shall consider (a) the modalit of Hollywood to promote such contributions; 18.5 the Contracting Parties agree that priority will be given to the implementation of agreed plans and programmes for farmers in developing countries, especially in least developed countries, and in countries with economies in transition, who conserve and sustainably utilizes plant genetic resources for food and agriculture. For the VII-INSTITUTIONAL PROVISION of article 19 — Each Body 19.1 A Each Body for this Treaty is hereby established, composed of all the Contracting Parties. 19.2 All decisions of the Each Body shall be taken by consensus unless by consensus another method of arriving at a decision on certain measure, except to the ISA reached that consensus shall always be required in relations to articles 23 and 24.19.3 the functions of the Each Body shall be to promote the full implementation of this Treaty, keeping in view its objective of in particular, it, and: (a) provide policy direction and guidance to the monitor, and such recommendations as not to adop cessary for the implementation of this Treaty and, in particular, for the operations of the Multilaterals system; (b) the plans and programs of the adop for the implementation of this Treaty; (c) at its adop, first session, and periodically review the funding strategy for the implementation of this Treaty, in accordanc with the provision of article 18; (d) the adop budget of this Treaty; (e) consider and establish subject to the availability of funds such subsidiary not cessary bodies may not be sharp, and their respectiv is cessary mandate and composition; (f) establish, as needed, an appropriate mechanism, such as a trust account, for receiving and utilizing financial resources that will to it for the purpose of accru of implementing this Treaty; (g) establish and maintain cooperation with other relevant international organizations and treaty bodies, including in particular the Conference of the parties to the Convention on Biological Diversity, on matters covered by this Treaty, including their participation in the funding strategy; (h) consider and, as required, amendments to adop to this Treaty, in accordanc with the provision of article 23; (i) consider and, as required, amendments to adop in the annex to this Treaty, in accordanc with the provision of article 24; (j) consider it to be of a Hollywood encourag modalit of voluntary contributions, in particular, with reference to articles 13 and 18; (k) perform such other functions as may be not cessary for the fulfilmen of the objective 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) inform, as appropriate, the Conference of the parties to the Convention on Biological Diversity and other relevant international organizations and treaty bodies of matters regarding the implementation of this Treaty; and (n) approve the terms of agreements with the IARC and other international institutions under article 15, and review and amend the MTA in an article 15.19.4 subject to article 19.6, each Contracting Party shall have one vote and may be represented at sessions of the Each Body by a single delegate who may be accompanied by an alternate, and by experts and adviser. Alternate, experts and take on the adviser may in the proceedings of the Each Body but may not vote, except in the case of their being duly authorized to substitute for the 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 an observer at sessions of the Each Body. Any other body or agency, governmental or non-governmental whethers, qualified in fields relating to conservation and sustainable use of plant genetic resources for food and agriculture, which has informed the Secretary-general of its wish to be represented as an observer at a session of the Body, may be admitted unless Each of at least one third of the Contracting Parties present object. The participation of the observer in the admissions and shall be subject to the rules of procedure adopted by the Each Body. 19.6 A Member Organization of FAO that is a Contracting Party and the member States of that Member Organization that are Contracting Parties shall exercise their membership rights and fulfil their membership obligations in accordanc, mutatis mutandis, with the Constitution and General rules of FAO. 19.7 the Each Body shall amend, sharp and adop required, its own rules of procedure and financial rules which shall not be inconsistent with this Treaty. 19.8 the presence of a majority of the members representing the Contracting Parties shall be not the constitut a quor cessary Forum at any session of the Each Body. 12.4 the Body shall Each hold regular sessions at least once every two years. These sessions should, as far as possible, be held back-to-back with the regular sessions of the Commission on Genetic resources for Food and agriculture. 19.10 Special sessions of the Each Body shall be held at such other times as may be deemed by the cessary not Each Body, or at the written request of any Contracting Party, provided that this request is supported by at least one third of the Contracting Parties. 19.11 the Each Body shall elect its Chairperson and Vice-Chairperson (collectively referred to as "the Bureau"), in conformity with its rules of procedure. Article 20 – Secretary 20.1 the Secretary of the Body shall Each be appointed by the Director-General of FAO, with the approval of the Each Body. The Secretary shall be assisted by such staff as may be required. 20.2 the Secretary shall perform the following functions: (a) arrang for and provide administrative support for sessions of the Body and for any subsidiary bodies Each to as may be established; (b) assist the Each Body in carrying out its functions, including the performance of specific tasks that the Each Body may decide to assign to it the it; (c) report on its activities to the Each Body. 20.3 the Secretary shall communicate it to all Contracting Parties and to the Director-General: (a) the decision of the Each Body within sixty days of adoption; (b) information received from Contracting Parties in accordanc with the provision of this Treaty. 20.4 the Secretary shall provide documentation in the six languages of the United Nations for sessions of the Each Body. 20.5 the Secretary shall cooperate with other organizations and treaty bodies, including in particular the Secretariat of the Convention on Biological Diversity, in achieving the objective of this Treaty. Article 21 – compliance the Each Body shall, at its first meeting, consider and approve cooperative and effective of the procedures and operational mechanisms to promote compliance with the provision of this Treaty and to address issues of non-compliance. These procedures and mechanisms shall include monitoring, and offering advice or assistance, including legal advice or legal assistance, when needed, in particular to developing countries and countries with economies in transition. Article 22 – settlement of Dispute of 22.1 In the event of a dispute between Contracting Parties concerning the interpretation or application of this Treaty, the parties concerned shall seek solution by negotiation. 22.2 If the parties concerned cannot reach agreement by negotiation, they may jointly seek the good offices of, or request mediation by, a third party. 22.3 When ratifying, accepting, approving or acceding to this Treaty, or at any time thereafter, a Contracting Party may declare in writing to the Depositary that for a dispute not resolved in accordanc with article 22.1 or article 22.2 above, it will accept one or both of the following means of dispute settlement as compulsory: (a) Arbitration in accordanc with the procedure put down in part 1 of Annex II to this Treaty; (b) Submission of the dispute to the International Court of Justice. 22.4 If the parties to the dispute have not, in accordanc with article 22.3 above, accepted the same or any procedure, the dispute shall be submitted to Acas in accordanc with part 2 of Annex II to this Treaty unless the parties otherwise agree. Article 23 – Amendments of the Treaty 23.1 Amendments to this Treaty may be proposed by any Contracting Party. 23.2 Amendments to this Treaty shall be adopted at a session of the Each Body. The text of any proposed amendment shall be communicated to Contracting Parties by the Secretary at least six months before the session at which it is proposed for adoption. 23.3 All amendments to this Treaty shall only be made by consensus of the Contracting Parties present at the session of the Body Each. 23.4 Any amendment adopted by the Each Body shall come into force among Contracting Parties having ratified, accepted or approved it on the ninetieth day after the deposit of the instrument of ratification, acceptance or approval by two-thirds of the Contracting Parties. Thereafter the amendment shall enter into force for any other Contracting Party on the ninetieth day after that Contracting Party deposits its instrument of ratification, acceptance or approval of the amendment. 23.5 For the purpose of this article, an instrument deposited by a Member Organization of FAO shall not be counted as additional to those deposited by member States of such an organization. Article 24:24.1 of the Annexe annexe to this Treaty shall form an integral part of this Treaty and a reference to this Treaty shall constitut at the same time a reference to any of the annexe theret. 24.2 the provision of article 23 regarding amendments to this Treaty shall apply to the amendment of the annex. Article 25: signature this Treaty shall be open for signature at the FAO from 3 November 2001 to 4 November 2002 by all members of FAO and any States that are not members of FAO but are members of the United Nations, or any of its specialized agencies or the International Atomic Energy Agency of the. Article 26 – Ratification, acceptance or Approval shall be subject to the Treaty to ratification, acceptance or approval by the members and non-members of FAO referred to in article 25 of the ratification Instrument, acceptance, or approval shall be deposited with the Depositary. Article 27: the Accession Treaty shall be open for the accession by all members of FAO and any States that are not members of FAO but are members of the United Nations, or any of its specialized agencies or of the International Atomic Energy Agency from the the date on which the Treaty is closed for signature. Instruments of accession shall be deposited with the Depositary. Article 28 – Entry into force 28.1 subject to the provision 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 FAO and any State that is not a Member of FAO but is a Member of the United Nations, or any of its specialized agencies or of the International Atomic Energy Agency the ratif, accept that, approve or accede to this Treaty after the deposit, in accordanc with article 28.1, of the fortieth instrument of ratification, acceptance approval or accession, the Treaty shall enter, into force on the ninetieth day following the deposit of its instrument of ratification, acceptance, approval or accession. Article 29 – Member organizations of FAO 29.1 When a Member Organization of FAO deposits an instrument of ratification, acceptance, approval or accession for this Treaty, the Member Organization shall, in accordanc with the provision of article II.7 of the FAO Constitution, notify any change regarding its distribution of competence to its declaration of competence submitted under article II.5 of the FAO Constitution as may be not in light of its cessary 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 provide information as to which, as between the Member Organization and its member States, is responsible for the implementation of any particular matter covered by this Treaty. The Member Organization shall provide this information within a reasonable time. 29.2 Instruments of ratification, acceptance, approval, or accession deposited by a Member Organization, the attention of FAO, shall not be counted as additional to those deposited by its Member States. Article 30: reservations Of reservations may be made to this Treaty. Article 31 – Non-parties the Contracting Parties shall any Member of encourag FAO or other State, not a Contracting Party to this Treaty, to accept this Treaty. Article 32 – withdrawals 32.1 Any Contracting Party may at any time after two years from the date on which this Treaty has entered into force for it, notify the Depositary in writing of its withdrawals from this Treaty. The Depositary shall notify all Contracting Parties at once. 32.2 Withdrawals shall take effect one year from the date of receipt of the notification. Article 33 33.1 this Treaty Termination shall-be automatically terminated if and when, as the result of withdrawals, the number of Contracting Parties drops below forty, unless the remaining Contracting Parties unanimously decide otherwise. 33.2 the Depositary shall inform all remaining Contracting Parties when the number of Contracting Parties has dropped to forty. 33.3 In the event of termination the disposition of assets shall be governed by the financial rules to be adopted by the Each Body. Article 34 Depositary the Director-General, of the FAO shall be the Depositary of this Treaty. Article 35 – Authentic texts the Arabic, Chinese, English, French, Russian and Spanish texts of this Treaty are equally authentic.   Annex I list OF CROP COVERED UNDER the MULTILATERALS system Food crop by Crop observations of breadfruit Artocarp Gen-breadfruit only.

Asparagus asparagus Oats Avena beet beta Brassica complex Brassica et al. included with Gener: Brassica napus, Armoraci, Barbare, Camelin, Cramb, Diplotax, Eruc, isatis, Lepidi, Raphanobrassic,, Roripp, raphanus and sinapis. This oilseed and vegetable crop of compris was such as cabbage, rapeseed, mustard, radish, rocket, a crest, and turnip. The species of Lepidi meyeni (mac) is excluded.

Cajan-pigeon pea chickpea Cicer citrus Citrus Poncirus and fortunella of Gener with an included sharp root stock.

Coconut Cocos Major was aroid Colocasi, Major aroid include taro, dasheen and Xanthosom of cocoy, tanni.

The Daucus Dioscorea Yam in Carr's Finger Millet to the Eleusin Strawberry Fragaria Helianthus hordeum-Barley Sunflower sweet potato Ipomoea grass pea Lentil lens Lathyr of Apple Malus cassava Manihot Manihot esculenta only.

Banana/Plantain Musa Except Musa textilis to.

Rice Oryza Pearl Millet of the beans Phaseolus Except Penniset the Phaseolus polyanth.

Pea Pisum rye Secale potato Solanum Section using the included tuberos, Solanum phurej.

The Eggplan melongen Solanum Section included.

Sorghum sorghum Triticosecale of Wheat a Tritical Triticum et al. Including Agropyron, Elymas, and Secale.

Vetch Vicia faba Bean/Cowpea et al. Vigna Zea Excluding Zea bread perenn, Zea mays and Zea mays diploperenn, luxurian.

  Of the Spec to Gener Forag legume of the Astragal FORAG chinensis, arenari of Canavali of cicer, the Coronill of the Varia ensiform Hedysarum Coronarium of cicer, ciliolat Lathyr, odorat hirsutus, ochr, of the cuneat Lespedez, Mays, striat, stipulace Lotus corniculatus, subbiflor, uliginos, angustifoli of Lupinus Albus, lute of Medicago arborea, falcat, sativa, scutellat, rigidul, truncatul of Melilotus Albus, onobrychis viciifoli of Ornithop officinalis in Mays of Prosopis affinis, Alba, chilens, nigra, pallid Pueraria phaseoloid Trifolium alexandrin, alpestr of, angustifoli of, ambigu arvense,, agrocicer, hybrid, incarnatum, pratense, repens, resupinatum, rueppellian, semipilos, vesiculos, subterrane of grass Andropogon Agropyron cristat of gayan of FORAG, desertor of Agrostis stolonifera, a tenu Alopecurus pratensis arrhenatherum elatius Dactylis glomerat Festuca arundinacea of the, gigante, heterophyll, ovina, pratensis, Rubra Lolium hybrid, multiflor, perenne, rigid, temulentum Aquatica, phalaris of Phleum pratense arundinace POA annua, Alpine, Tripsac of OTHERS of lax pratensis FORAG halim, nummulari of the Atriplex Salsol vermiculat of the Annex II part 1 ARBITRATION article 1 the party shall notify claiman the Secretary that the parties to the dispute are referring in the article the arbitration pursuan 22. The notification shall state the subject-matter of arbitration and include, in particular, the articles of this Treaty, the interpretation or application of which are at issue. If the parties to the dispute do not agree on the subject matter of the dispute before the President of the tribunal is designated, the CAs tribunal shall determin the subject matter. The Secretary shall forward the information received to all of the Contracting Parties to this Treaty. Article 2 1. In the dispute between the two parties to the dispute, the tribunal shall CAs consis of three members. Each of the parties to the dispute shall be appoin an arbitrator and the arbitrator so appointed shall two designat by common agreement the third arbitrator who shall be the President of the tribunal. The latter shall not be a national of one of the parties to the dispute, nor have his or her usual place of residence in the territory of one of these parties to the dispute, nor be employed by any of them, nor have to deal with the case in any other capacity. 2. In the dispute between more than two Contracting Parties, parties to the dispute with the same interest shall be appoin one arbitrator jointly by agreement. 3. Any vacancy shall be filled in the manner prescribed for the initial appointment. Article 3 1. If the President of the tribunal has not been designated CAs within two months of the appointment of the second arbitrator, the Director-General of FAO shall, at the request of a party to the dispute, designat the President within a further two-month period. 2. If one of the parties to the dispute does not an appoin arbitrator within two months of receipt of the request, the other party may inform the Director-General of FAO who shall make the designation within a further of the two-month period. Article 4 the CAs tribunal shall render its decision in accordanc with the provision of this Treaty and international law. Article 5 Unless the parties to the dispute otherwise agree, the tribunal shall of CAs determin it own rules of procedure. Article 6 the CAs tribunal may, at the request of one of the parties to the dispute, recommend essential interim measure of protection. Article 7 the parties to the dispute shall facilitat the work of the tribunal and, in particular, the CAs using all means at their disposal, shall: (a) provide it with all relevant documents, information and facilities; and (b) enable it, when not to call witness cessary, or experts and receive their evidence. Article 8 the parties to the dispute and the arbitrator is under an obligation to protect the confidentiality of the any information they receive in confidence during the proceedings of the CAs tribunal. Article 9 Unless the tribunal otherwise determin the CAs because of the particular of circumstanc the case, the costs of the tribunal shall be borne by the parties to the dispute in equal shares. The tribunal shall keep a record of all its costs, and shall furnish a final statement thereof to the parties to the dispute. Article 10 Any Contracting Party that has an interest of a legal nature in the subject-matter of the dispute which may be affected by the decision in the case, may interven in the proceedings with the consent of the tribunal. Article 11 the tribunal may hear a counterclaim arising directly to determin the and out of the subject-matter of the dispute. Article 12 of the Decision both on procedure and substance of the CAs tribunal 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 tribunal or CAs file to defend its case, the other party may request the tribunal to continue the proceedings and to make its award. Absence of a party to the dispute or a failure of a party to the dispute to defend its case shall not constitut a bar to the proceedings. Before rendering its final decision, the CAs tribunal must satisfy itself that the claim is well founded in fact and law. Article 14 the tribunal shall render its final decision within five months of the date on which it is fully constituted unless it finds it does not extend the cessary to time-limit for a period which should not five more months, exceeds 100. Article 15 the final decision of the CAs tribunal shall be confined to the subject-matter of the dispute and shall state the reasons on which it is based. It shall contain the names of the members who have participated and the date of the final decision. Any member of the tribunal may attach a separate or dissenting opinion to the final decision. Article 16 the award shall be binding on the parties to the dispute. It shall be without appeal unless the parties to the dispute have agreed in advance to an appellat procedure. Article 17 Any controversy which may «arise between the parties to the dispute as regards the interpretation or manner of implementation of the final decision may be submitted by either party to the dispute for decision to the CAs tribunal which rendered it. About ACAS article 2 (1) (A) the commission shall be created upon Acas at the request of one of the parties to the dispute. The commission shall, unless the parties to the dispute otherwise agree, be composed of five members, two appointed by each party concerned and a President chosen jointly by those members. Article 2 In the dispute between more than two Contracting Parties, parties to the dispute with the same interest shall be appoin their members of the commission jointly by agreement. Where two or more parties to the dispute have separate interests or there is a disagreemen as it ut300r2u whethers of the same interest, they shall be appoin their members separately. Article 3 If any appointments by the parties to the dispute are not made within two months of the date of the request to create a commission, the ACAS Director-General of FAO shall, if asked to do so by the party to the dispute that made the request, make those appointments within a further two-month period. Article 4 If a President of the commission has not been chosen within Acas two months of the last of the members of the commission being appointed, the Director-General of FAO shall, if asked to do so by a party to the dispute, designat a President within a further two-month period. Article 5 the commission shall take it to the ACAS decision by majority vote of its members. It shall, unless the parties to the dispute otherwise agree, it will determin own procedure. It shall render a proposal for resolution of the dispute, which the Parties shall consider in good faith. Article 6 (A) disagreemen as the whethers the ACAS commission has competence shall be decided by the commission.  

International Treaty on plant genetic resources for food and agriculture in the preamble the Contracting Parties, convinced on food and agricultural plant genetic resources, the specific nature of their different characteristics and problems, which require different solutions; Being excited about the ongoing depletion of these resources; Being aware of the fact that food and agricultural plant genetic resources is a common concern of all countries and that all countries are very largely dependent on the other in food and agricultural plant genetic resources; Aware that food and agricultural plant genetic resources conservation, operation, collection, characterization, evaluation, and documentation is essential for the implementation of the Rome Declaration on world food security and World Food Summit Plan of Action objectives and to ensure the sustainable development of agriculture in both this and future generations, and that the immediate priority is to strengthen the development of national and transitional countries ' ability to take on the following tasks; Noting that the plan of action of the world food and agricultural plant genetic resources and their sustainable use is an international support structure of such employment; Realizing that food and agricultural plant genetic resources are the raw materials for the development of crop genetics, and farmers, and selekcionēj using the classic crop production methods or advanced technology, and that they are essential for adapting to unpredictable environmental changes and future human needs; Affirming that the past, present and future contributions of farmers in maintaining, improving and making available these resources in all regions of the world, in particular the centres of origin and diversity, form the basis for the rights of Farmers; Affirming also that the rights recognised in the Treaty to accumulate, use, modify and sell the holdings collected seeds and other propagating material, to participate in decision making on them, as well as fair and objective in that the use of genetic resources in the distribution of income, is the realization of the rights of farmers, as well as a framework for promoting the rights of farmers in both the national and international level; Recognizing that this Treaty and other international agreements relating to this contract, are mutually supportive of sustainable agriculture and food security; Confirming that this interpretation of the Treaty lays down the rights and obligations of the contracting changes in relation to other international agreements; Understanding that the above in no way provides a hierarchical child between this agreement and other international agreements; Conscious that the question of food and agricultural plant genetic resources management in agricultural, environmental and business points of contact, and convinced of the harmonic unity; Conscious of its responsibility for current and future generations ahead in food and agricultural plant genetic resources of the world in the preservation of diversity; Recognizing that, enjoying their sovereign right to food and agricultural plant genetic resources, countries can mutually benefit to build an effective multilateral system, which would facilitate the negotiation of designated genetic resources and fair and equitable use of genetic resources referred to in the distribution of income; and fair and equitable sharing of genetic resources referred to progress in the use of income; And desiring to conclude an international treaty the United Nations food and Agriculture Organization, which called the FAO further according to article XIV of the FAO Constitution; Have concluded the following agreement: part I introduction article 1 – purpose 1.1 the purpose of this agreement is to be used in food and agriculture plant genetic resource conservation and sustainable use, as well as the fair and equitable use of genetic resources referred to in the distribution of income in accordance with the Convention on biological diversity for sustainable farming and food safety assurance. 1.2. These objectives will be achieved by closely linking this Treaty with the food and Agriculture Organization of the United Nations and the Convention on biological diversity. Article 2 — Use of terms for the purposes of this agreement the following terms is credited with the following meanings. This definition does not apply to the trading of goods: "In situ conservation" means the ecosystem and natural habitat conservation and viable populations of species in their natural environment, renewal, and the case with the cultivated plant species, in environments where these species have developed their own distinct characteristics. "Ex situ conservation" means the food and agricultural plant genetic resources outside their natural habitats. "Food and agricultural plant genetic resources" means any genetic material of plant origin, which has a current or potential value for food or agricultural purposes. "Genetic material" means any material of plant origin, including reproduction and vegetative propagating material, containing functional units of pārmantotīb. "Variety" means a plant grouping within one the lowest known botanical taxon, which is defined by its distinctive and different genetic characteristics in the atražojam expression. "Ex situ collection" means food and agricultural plant genetic resources collection that is maintained outside their natural habitat. "Center of origin" means the geographical an area with both cultivated and wild species of plants first developed its distinctive properties. "Crop diversity Centre" means a geographical area, which is a common crop species, the genetic diversity of the high level of in situ positions. Article 3 – scope this Agreement shall apply to the food and agricultural plant genetic resources. Part II general provisions article 4-General obligations each Contracting Party shall ensure that its laws, regulations and procedures comply with the obligations laid down in this Treaty. Article 5 — in foodstuffs and agricultural plant genetic resources conservation, operation, collection, characterization, evaluation and documentation of 5.1 each Contracting Party in accordance with their national law and in cooperation with other Contracting Parties, where necessary, promote an integrated approach to food and agricultural plant genetic resources exploitation, conservation and sustainable use and in particular: (a) examine and the Phys. Invt in food and agricultural plant genetic resources in the light of their situation and the existing population variations, including potentially usable, and, as far as possible, assess any risks to it; (b) promoting food and agricultural plant genetic resource collection and appropriate information that is associated with the endangered or potentially be used in the genetic resources; (c) if necessary, promote or support the peasants and local community efforts to manage and maintain your holdings in food and agricultural plant genetic resources; (d) promote the use in food crop wild relatives and wild plants in situ conservation, including protected areas, support to local communities and local community efforts; (e) cooperate in effective and sustainable system of ex situ conservation development, paying due attention to the relevant documentation, restoration and characteristics evaluation, for this purpose, encourage the development and transfer of appropriate technology to improve food and agricultural plant genetic resources sustainable use; (f) monitor the food and agricultural plant genetic resources collection of viability, degree of variability and genetic integrity. 5.2. the Contracting Parties shall, if necessary, take steps to minimize or, if possible, prevent threats in food and agricultural plant genetic resources. Article 6: plant genetic resources sustainable use 6.1 the Contracting Parties shall establish and maintain appropriate policy and legal measures that promote food and agricultural plant genetic resources sustainable use. 6.2. sustainable food and agricultural plant genetic resources could include the following measures: (a) pursuing fair agricultural policies that promote, where necessary, the development of various agricultural and conservation, thus increasing the agricultural biodiversity and the rest of the sustainable use of natural resources; (b) strengthening research which enhances and preserves biodiversity, maximizing internal varieties and intervarietal specific variability in particular their farmers, which creates and uses the same varieties and apply ecological principles in maintaining soil fertility and disease, weed and pest control; (c) promote, where appropriate, plant breeding, which with the participation of farmers, particularly in developing countries, strengthen the ability to develop varieties which are particularly adapted to the social, economic and ecological conditions, including the marginālo area; (d) expand crop genetic base and increase farmers available range of genetic diversity; (e) promote, where appropriate, local and adapted crops, varieties and little used species expanded use; (f) to support, if necessary, varieties and species of wider use of farms, crop conservation and sustainable use of it and create strong ties between the plant breeding and agricultural development to reduce crop vulnerability and genetic erosion, and promote the sustainable development of food production growth in the world; (g) to review and, if necessary, adjust the breeding strategies and regulations concerning variety and seed marketing. Article 7 – national commitments and international cooperation 7.1 each Contracting Party shall, if required, integrating their agricultural and rural development in articles 5 and 6 set out in the policies, programmes and measures and cooperate with other Contracting Parties, directly or through FAO and other relevant international organisations in the food and agricultural plant genetic resources conservation and sustainable use. 7.2. international cooperation is particularly focused on: (a) developing countries and countries in transition or the strengthening of the ability of the food and agricultural plant genetic resource conservation and sustainable use; (b) encouraging the international activities to promote food and agricultural plant genetic resources conservation, documentation, genetic enhancement, plant breeding, seed multiplication; to promote the share these resources, facilitate exchanges, and to ensure that the appropriate resources and information and technology availability according to the provisions of part IV; (c) part V institutional system provided for in the maintenance and reinforcement; (d) in article 18, the financing strategy of marketing. Article 8 — technical assistance, the Contracting Parties agree, this Agreement in bilateral or with relevant international organizations to promote the provision of technical assistance to parties, particularly developing countries or countries in transition. Part III farmers ' Rights article 9 – farmers ' rights 9.1 the Contracting Parties recognize the great contribution that all regions of the world, in particular the origin and crop diversity, have given and continue to give the local community or local communities and farmers to genetic resource conservation and development, on which food and agricultural production throughout the world. 9.2. The Contracting Parties agree that the responsibility for the realization of the rights of farmers for food and agricultural plant genetic resources rests with the national Governments. It is desirable that each Contracting Party in accordance with its needs and priorities and in accordance with its laws, take measures in the protection of the rights of the farmers, including: (a) the food and agricultural plant genetic resources associated traditional knowledge protection; (b) the right to equitable participation in the income derived from the food and agricultural plant genetic resources; (c) the right to participate in decision-making at the national level on matters relating to food and agricultural plant genetic resources sustainable use. 9.3. Nothing in this article shall be construed to limit any right of farmers to harvest, use, Exchange and sell farm-grown seed/propagating material according to national law and as appropriate. Part IV of the multilateral system in food and agricultural plant genetic resources and the distribution of income involved the provision of article 10: accessibility and participation in the distribution of income and providing a multilateral system 10.1 of its relations with other countries the Contracting Parties recognize the sovereign rights of States to this country in food and agricultural plant genetic resources, including the fact that the power to determine the availability of these resources belong to national Governments under the national law. 10.2. In exercising its sovereign rights, the Contracting Parties agree to establish a multilateral system that would be effective, legitimate and transparent, to promote food and agricultural plant genetic resources and to ensure participation in the use of these resources in the distribution of income gained on a complementary and mutually reinforcing basis. Article 11 — the scope of the multilateral system to navigate to 11.1 in food and agricultural plant genetic resource conservation and sustainable use objectives and ensure participation in the use and distribution of earned income, as defined in article 1, under the multilateral system shall include those listed in annex I in food and agricultural plant genetic resources; Annex I shall be drawn up according to the food security and interdependence. 11.2. The multilateral system, as defined in paragraph 11.1., includes all management of the Contracting Parties, the State-owned and controlled by the existing food and agricultural plant genetic resources, which are listed in annex I. With a view to achieving the widest possible scope of the multilateral system of the Contracting Parties shall invite all the other foods listed in annex I and agricultural plant genetic resource holders include these plant genetic resources, the multilateral system. 11.3. Contracting Parties agree to take appropriate measures to enhance the legal and physical persons, which are listed in annex I to the food and agricultural plant genetic resources, their jurisdiction to include such plant genetic resources under the multilateral system. 11.4. Two years after the date of entry into force of this agreement, the main institution assesses the results achieved, including those in 1.3 in food and agricultural plant genetic resources, the multilateral system. Based on this evaluation, the managing authority shall decide whether there is a need to promote more accessibility for those in 1.3 and legal persons which are not yet included these genetic resources, the multilateral system or taken any other measures at its discretion. 11.5. The multilateral system shall also include the foodstuffs referred to in annex I, and agricultural plant genetic resources ex situ collections of the international agricultural research advisory group agricultural research center (CGIAR) conduct, as defined in article 15, paragraph 1 a and other international authorities pursuant to paragraph 5 of article 15 of the rules. Article 12 — in foodstuffs and agricultural plant genetic resources access and participation in the distribution of income and providing a multilateral system 12.1 the Contracting Parties agree that, in the framework of the multilateral system approach in food and agricultural plant genetic resources is being accelerated, as stated in article 11, and in accordance with the terms of this agreement. 12.2. the Contracting Parties agree to take the necessary legal or other appropriate measures to ensure such access with the multilateral system, to the other Contracting Parties. For this purpose, availability is provided according to paragraph 11.4. natural and legal persons in the jurisdiction of a Contracting Party. 12.3. Such availability is provided under the following conditions: (a) availability is provided solely for the use of resources for research and conservation, breeding and training for food and agriculture sphere provided that such purpose does not apply to the use of the chemical, pharmaceutical and/or other non-food industries. Versatile crops (food and non-food), their role in ensuring food safety should be the decisive factor that determines their inclusion in the multilateral system and the promotion of accessibility; (b) accessibility is matched quickly, without the need to track individual accessibility and free of charge, but if it is charged, it must not exceed the minimum costs; (c) all available passport data of the food and agricultural plant genetic resources and any other associated available non-confidential descriptive information, are made available in accordance with the laws in force; (d) recipients shall not claim to any intellectual property or other rights that limit the availability of foods and an accelerated agricultural plant genetic resources or their genetic parts or components, in the form in which they are received from the multilateral system; (e) access to food and agricultural plant genetic resources, which are still in the building stage, including farmers, created during their formation occurs at the discretion of the author; (f) access to food and agricultural plant genetic resources that are protected by intellectual and other property rights shall be implemented in accordance with the relevant international agreements and the relevant national laws; (g) available within the multilateral system and saved in food and agricultural plant genetic resources continue to provide recipients of the availability of these resources within the multilateral system under the terms of this agreement; (h) without affecting the remaining provisions of this article, the Contracting Parties agree that the approach used in the food and agriculture plant genetic resources, which were found in in situ conditions will be provided according to national legislation; If such a law is not, then according to the standards, which could determine the main body. 12.4. To this end, the accelerated approach according to the above points, 12.2 and 12.3. is provided in accordance with the ordinary material transfer agreement (MTA), adopted by the central authorities, and it includes a 12.3 point a (a), (d) and (g) the provisions in, as well as participation in the distribution of income, defined in 13.2. point (d) (ii), indent, and other relevant provisions of this agreement and the provisions of the food and agricultural plant genetic resource recipient requires to apply the provisions of MTU the resource transfer to another person or authority, as well as for further food and agricultural genetic resources. 12.5. The Contracting Parties shall ensure that in relation to the dispute has arisen the MTA for assistance according to the applicable legal requirements and according to the legal systems of the parties, recognizing that the obligations under the MTA relate only to the MTA contract parties. 12.6. Emergency accidents, in cooperation with disaster relief coordinators, the Contracting Parties agree to ensure the accelerated approach to food and agricultural plant genetic resources within the framework of the multilateral system for the purpose of helping restore agricultural systems. Article 13 — participation in the distribution of income within the multilateral system 13.1. The Contracting Parties recognize that the accelerated approach in food and agricultural plant genetic resources, which are included in the multilateral system, already in itself is a great benefit to the multilateral system, and agree that the benefits obtained are therefore fairly and equitably distributed according to the provisions of this article. 13.2. The Contracting Parties agree that food and agricultural plant genetic resources, including commercial, income derived should be shared fairly and objectively by the following mechanism: the exchange of information, access to technology and its transfer, capacity-building and the sharing of profits from the commercialization, taking into account the World Plan of action in certain areas of priority action, under the direction of the managing authority: (a) exchange of information: the Contracting Parties agree to make available information which also includes catalogs and inventories, information on technology, technical, scientific and socio-economic studies, including the multilateral system in the food and agricultural plant genetic resources characteristics and exploitation evaluation. Such information, if it is not confidential, is available under the laws in force and in accordance with national capabilities. The following information is available to all parties to this agreement referred to in article 17 information systems; (b) the availability of technology and its transfer to others: (i) the Contracting Parties shall undertake to provide and/or accelerate the multilateral system in the food and agricultural plant genetic resources conservation, characterization, evaluation and use of technology. Recognizing that some of the technologies may be transferred only with the genetic material, the Contracting Parties shall ensure and/or speed up access to such technologies and the multilateral system includes genetic material, improved varieties and genetic material that has been created through the multilateral system in food and agricultural plant genetic resources, in accordance with the provisions of article 12. Access to these technologies, improved varieties and genetic material is provided and/or accelerated, while respecting existing property rights and accessibility laws and in accordance with national capabilities; (ii) access to and transfer of technology to countries, especially developing and transitional countries is realized with such measures as the establishment of the thematic group of crops, maintenance, which deals in food and agricultural plant genetic resources, and participation in, all types of partnership in research, development and commercial joint ventures on the material received, human resource development, and effective access to research facilities; (iii) access to technology and its transfer, as set out in (i) and (ii), including those that are protected by intellectual property rights, developing countries that are parties to this agreement, in particular the development of disadvantaged countries and countries in transition, and/or contribute to the fair and favourable terms, particularly in relation to the technologies used in conservation, as well as the development of developing countries, underdeveloped countries and transitional countries peasant interests durable technologies including concessional and preferential terms where agreed, among other things, it was agreed in the framework of the multilateral system through the partnership in research and development. This approach and transfer to others is provided on the rules, which recognize and are consistent with the corresponding and existing intellectual property protection laws; (c) capacity-building: in the light of the development and needs of the countries in transition for which suggests priorities these countries granted in their plans and programmes that are designed to increase the capacity of the food and agricultural plant genetic resources and for the multilateral system in the food and agricultural plant genetic resources, the Contracting Parties agree to grant priority to (i) the scientific and technical education and training program development and/or strengthening food and agricultural plant genetic resource conservation and sustainable use , (ii) to establish and strengthen in food and agricultural plant genetic resource conservation and sustainable use of the particular development and transitional countries and (iii) conducting scientific research, to give priority and, if possible, and the development of the countries in transition, in cooperation with the authorities of such States, and creating such studies required capabilities in areas where they are needed; (d) participation in the commercialization of the resulting material and different value distribution; (i) the Contracting Parties agree to carry out research and technology development activities within the multilateral system to ensure participation in the commercialization of the resulting value, involving the activities provided for in this article, the public and private sectors with partnership and cooperation, including developing and transitional countries, the private sector; (ii) the Contracting Parties agree that paragraph 12.4 of the standard MTA includes a requirement that the recipient, komercializēj human consumption and agricultural plant genetic resources, which includes the multilateral system for material contributions in paragraph 19.3 (f) mechanism in the lens part of that product commercialization resulting values, except when such product is available to all without restriction for further research or breeding, the recipient who markets the product , are encouraged to make such payment. The main institution, at their first meeting, shall determine the amount of the payment form and the payment order in accordance with commercial practice. The main institution may decide to set different pay rates for different categories of beneficiaries, which markets such products; It may decide to exempt from having to pay developing and transitional country farmers. The main body may from time to time to review the pay scale in order to ensure fair and equitable distribution of the benefits of participation, and it can also be five years after the entry into force of this agreement to assess whether the mandatory payment requirement in the MTA shall apply accordingly in cases where such commercialized products are available for resale to others for research and breeding without restriction. 13.3. Contracting Parties agree that the multilateral system in available food and agricultural plant genetic resources in value should be diverted mainly both directly and indirectly, in all farmers and in particular national development and transitional country farmer who saves and uses in food and agricultural plant genetic resources. 13.4. the main institution, at their first meeting, shall consider appropriate special support policy and its criteria according to the financing provided for in article 18 of the strategy that focuses on food and agricultural plant genetic resources conservation and development of the countries in transition, whose contribution to the food and agricultural plant genetic resources diversity in the framework of the multilateral system is significant and/or which have special needs. 13.5 the Contracting Parties agree that the ability to realize the global plan of action, in particular in developing and transitional countries, will be heavily dependent on sales of this article and of article 18 provided for financing strategies. 13.6. Contracting Parties consider voluntary benefits part investment strategy when the food processing industry, which is benefiting from food and agricultural plant genetic resources contribute to the multilateral system. Part v support components of the action plan of the world food and agricultural plant genetic resources conservation and sustainable use. Article 14 – global action plan, recognizing that the consumption and marketable agricultural plant genetic resource conservation and sustainable use of the World Plan of action is important to this Treaty, Contracting Parties should promote its effective realization and measures in each country, and, if necessary, international cooperation in order to ensure a harmonised structure formation opportunities for transfer of technology and exchange of information, taking into account the provisions of article 13. Article 15 — in foodstuffs and agricultural plant genetic resources ex situ collections of the international agricultural research (CGIAR) Consultative Group on agricultural research centre (IARC) and other international authorities 15.1 the Contracting Parties recognize that the Treaty is important in food and agricultural plant genetic resources ex situ collections is CGIAR agricultural research centre (IARC). The Contracting Parties shall invite the IARC to sign agreement with respect to the main body of ex situ collections under the following conditions: (a) listed in annex I to the Treaty and IARC held in food and agricultural plant genetic resources are made available, in accordance with treaty provisions set out in part IV; (b) this Agreement listed in annex I to the food and agricultural plant genetic resources, which were collected before the entry into force of this agreement and within the IARC disposal become available under existing provisions of MTU and according to IARC and FAO agreements. Amendments to those MTA made main body no later than its second session, in consultation with the IARC, in accordance with the relevant provisions of this agreement, in particular its article 12 and 13 and with the following provisions: (i) IARC periodically inform the central authority of the MTA, which has joined them, in accordance with the main actors timetable; (ii) the Contracting Party in whose territory the food and agricultural plant genetic resources were taken in situ conditions, are provided with the following food and agricultural plant genetic resource samples upon request and without any MTA; (iii) the values that have occurred as a result of the abovementioned MT and which enriches the article 19.3 referred to in point (f) a mechanism used in the food and agricultural plant genetic resources conservation and sustainable use of mainly developing and transitional governmental and regional programmes, in particular the centres of diversity and the economically backward countries; (iv) IARC take appropriate measures in accordance with their ability to maintain effective compliance with the conditions of the MTA, and shall immediately inform the central authority of default; (c) the IARC acknowledges the main actors the power to provide policy direction for the ex situ collections in accordance with the terms of this agreement; (d) the scientific and technical facilities in which such ex situ collections are preserved, and remain the responsibility of the IARC undertake to manage and administer these ex situ collections in accordance with internationally accepted standards, in particular standards of the gene bank, which has been approved by the FAO Food and agricultural plant genetic resources Commission; (e) at the request of the Secretary of the IARC strives to provide appropriate technical support; (f) the Secretary shall have the right at any time to visit these centres, as well as check their actions directly concerning this article deals with the maintenance and exchange of the material; (g) if the IARC ex situ collection of proper maintenance is impaired or compromised in any way, including in cases of force majeure, the Secretary, with the consent of the saimniekvalst helps it escape, or move on to the extent that this is possible. 15.2. the Contracting Parties agree to ensure the accelerated approach listed in annex I in food and agricultural plant genetic resources the CGIAR to them that IARC have concluded agreements with the main institutions according to the terms of this agreement. Such centres will be included in the Secretary's list, which is available to the Contracting Parties at their request. 15.3. materials not included in annex I that have received and maintained in IARC after the entry into force of this agreement, are available for use under the same terms as may be mutually agreed upon by IARC, which receives material and the country of origin of the resource or the country that has acquired those resources in accordance with the Convention on biological diversity or other applicable law. 15.4. Contracting Parties are encouraged to provide the IARC, which is signed agreements with main institution, access, under mutually agreed terms not included in annex I in food and agricultural plant genetic resources that are important to IARC programs and activities. 15.5. the main institutions will seek to reach agreement on the objectives set out in this article with other relevant international institutions. Article 16 – international plant genetic resources networks 16.1 Existing cooperation in international food and agricultural plant genetic resources networks will be encouraged or developed on the basis of the existing system and in accordance with the terms of this agreement to include as fully as possible in food and agricultural plant genetic resources. 16.2. the Contracting Parties shall facilitate, if necessary, all relevant institutions, including public, private, non-governmental, research, breeding and other institutions participation in international networks. Article 17 — the global information system in food and agricultural plant genetic resources 17.1. the Contracting Parties shall cooperate and strengthen the global information system to facilitate the exchange of information, based on existing information systems, on issues related to food and agricultural plant genetic resources research, as well as technical and environmental issues, predicted that such exchange of information will facilitate the participation in the distribution of benefits, making food and agricultural plant genetic resources accessible to all Contracting Parties. The development of the global information system, will be made of cooperation with the Convention on biological diversity at the settlement House. 17.2 based on notification provided by Contracting Parties, the protection of this material should provide fast communication, the danger which threatens the food and agricultural plant genetic resources efficiently. 17.3. the Contracting Parties shall cooperate with the FAO Food and agricultural plant genetic resources the Commission periodically to the world food and agricultural plant genetic resources in the evaluation of the situation, to promote the currently referred to in article 14 of the world's workable action plan updates. Part vi financial support article 18 – financial resources 18.1 the Contracting Parties undertake to realize the strategy of financing of this contract which complies with the provisions of this article. 18.2. the financing strategy for the increase of the measures provided for in this agreement, the realization of financial resources for granting access, transparency, efficiency, effectiveness. 18.3. to mobilize priority activities, plans and programmes required funding, in particular the developing and transitional countries, and taking into account the World Plan of action, the head of the institution shall periodically define the purpose of such funding. 18.4 pursuant to this funding strategy: (a) the Contracting Parties shall take necessary and appropriate measures, the relevant international mechanisms and organizations within the main bodies to ensure due priority and attention to effective and harmonised the forecast for resource allocation in the realization of the measures provided for in the contract; (b) how effectively their obligations under this agreement will hold developing countries and transitional countries representing the Contracting Parties, will be particularly dependent on developed countries referred to in this article to the effectiveness of the allocation of funds. Developing countries and transitional countries representing the Contracting Parties will coordinate their plans and priorities provided for in the programmes that focus on food and agricultural plant genetic resources capacity building; (c) developed countries representing the Contracting Parties shall also ensure, and developing countries and transitional countries representing the Contracting Parties shall use the financial resources required for the realisation of this agreement with bilateral, regional and multilateral channels. Such channels include 19.3. point mechanism referred to in point (f); (d) each Contracting Party agrees to undertake and provide financial resources to their national food and agricultural plant genetic resource conservation and sustainable use measures according to their national capabilities and financial resources. Ensure that financial resources are not used in this Agreement shall for the purposes of particular areas relating to international trade; (e) the Contracting Parties agree that in paragraph 13.2 above financial benefits are part of the strategy of financing; (f) voluntary contributions, taking into account the provisions laid down in article 13, the Contracting Parties may also be given to the private sector, non-governmental organizations and other sources. The Contracting Parties agree that the main body of dealt major lines of strategy to promote such investments. 18.5. The Contracting Parties agree that priority should be given to the coherent realization of plans and programmes for development and in particular the countries lagging behind in the development of national and transitional countries for the benefit of farmers, that maintains and uses in food and agricultural plant genetic resources. Part VII institutional provisions article 19 — the main body 19.1. this agreement is hereby established in the main body, which is composed of all the Contracting Parties. 19.2. all the main institutions of the decisions are taken by consensus, if one can not take decisions by consensus, but by some other method and, except for the fact that unanimity is required in respect of article 23 and 24. 19.3. The main functions of the institution includes the full realization of this contract, keeping sight of its objectives, and in particular: (a) to provide policy direction and management, to monitor and make such recommendations as are necessary for the realisation of this agreement, in particular the multilateral system; (b) accept this contract sales plans and programs; (c) at its first session, adopt and periodically review this contract of sales financing strategy in accordance with the provisions of article 18; (d) adopt the budget of this agreement; (e) the need to consider the availability of funding and establish such subsidiary bodies as may be required, as well as their respective powers and composition; (f) establish, if necessary, appropriate machinery such as a deposit account to receive the funds and financial resources which accumulate in this agreement; (g) to establish and maintain cooperation with other relevant international organizations and Treaty bodies, including the Convention on Biological Diversity Conference of the parties on the issues included in this Agreement, including participation in the funding strategy; (h) consider and adopt, if necessary, amendments to this agreement in accordance with the provisions of article 23; (i) consider and adopt, if necessary, amendments to the annexes to this agreement in accordance with the provisions of article 24; (j) to consider key aspects of the strategy to encourage voluntary contributions, in particular with regard to article 13 and 18; (k) other objectives of this agreement the necessary functions; (l) take into consideration the Convention on Biological Diversity Conference of the parties and other relevant international bodies and other treaty bodies, the relevant decisions; (m) inform, if required, of the Convention on Biological Diversity Conference of the parties and other relevant international organisations and other organisations on matters relating to the realization of this agreement; (n) approve pursuant to article 15 by the IARC and the other international institutions of the agreements concluded, as well as to review and amend the MTA in article 15. 19.4. in accordance with paragraph 12.2 each party holds one vote and the main institutions of the session, each Contracting Party may be represented by one delegate, who spends alternate, experts and consultants. Alternates, experts and advisers may take part in leading the Organization in the work of the session, but may not vote, except when they are duly authorized to substitute delegates. 19.5. The United Nations, its specialized offices and the International Bureau of atomic energy, as well as any State not party to this agreement, the contractor may be represented at sessions of the managing organisations as observers. Any other body or Office, both national and non-governmental, which has jurisdiction over areas relating to food and agricultural plant genetic resources conservation and sustainable use, which has informed the Registrar of their wish to be represented as observers at the session, the managing body may receive such permission, unless at least one third of the Parties present objection. Permissions and securing the participation of observers in accordance with the leading organizations adopted the procedure. 12.2. the Organization: Member of FAO, which is also a Contracting Party to this, and these organizations – members of the FAO Member States which are Contracting Parties, enjoying your Member rights, fulfil the obligations of the members, mutatis mutandis (with appropriate modifications) under the FAO Constitution and the General rules. 19.7. The main body adopts and amends, if necessary, its procedure and the financial rules, which are fully in line with the terms of this agreement. 19.8. the main actors in Any session in order to ensure the quorum requires the presence of delegates representing most of the Contracting Parties. 12.4. the main institution shall convene regular sessions at least once every two years. This session, as is possible, be organized simultaneously with the food and agricultural plant genetic resources the Commission's regular sessions. 19.10. The main body of the special session is convened another time after the main body of beliefs or at the written request of a Contracting Party, provided that this request is supported by at least one third of the Contracting Parties. 19.11. the main institution in accordance with the procedural arrangements shall elect a Chairperson and Vice-Chairpersons (collectively referred to as "the Office"). Article 20 – Secretary 20.1. Main actors of the Secretary shall be appointed by the Director-General of FAO, with the consent of the main body. The Secretary is assisted by staff required. 20.2 the Secretary performs the following functions: (a) organizes and provides administrative support to main actors sessions and any subsidiary body which can be created; (b) assist the main body to perform its functions, including specific tasks, which are the main institution may be entrusted to it; (c) provide a report on its activities to the main body. 20.3. The Secretary shall report to the Contracting Parties and to the Director-General: (a) for the main body of decisions within 60 days of this decision; (b) of the Contracting Parties the information received in accordance with the terms of this agreement. 20.4. The Secretary provided the main sessions of the institution's documentation in six UN working languages. 20.5. The Secretary shall cooperate with other organizations and other bodies, including the Treaty, in particular the Convention on Biological Diversity secretariat, for the attainment of the objectives of this agreement. Article 21 – compliance with the main body at their first meeting, consider and approve the total and effective procedures and operational mechanisms to promote compliance with the provisions of this Treaty and to address issues of non-compliance. These procedures and mechanisms shall include monitoring, assistance and consulting offerings, including legal advice and assistance when needed, especially in developing and transitional countries. Article 22 – settlement of disputes 22.1. disputes between the Contracting Parties relating to the interpretation or application of this agreement the parties concerned deal negotiation. 22.2. If the parties concerned cannot agree negotiation, they may jointly refer to third parties for help or ask it to perform the duties of the intermediary. 22.3. Of this agreement an instrument of ratification, acceptance, approval or any time thereafter, a Contracting Party may notify the depositary that, in the event of a dispute which is not settled in accordance with paragraph 22.1 and 22.2, it accepts one or both of the following means of dispute settlement as compulsory: (a) arbitration in accordance with annex II of this agreement set out in part 1 of the procedure; (b) the resolution of the dispute to the International Court of Justice. 22.4. If the parties to the dispute in accordance with paragraph 22.3 have not agreed to the same or any procedure, the dispute shall be submitted to conciliation in accordance with part 2 of annex II, unless the parties agree otherwise. Article 23 – amendments of the Treaty 23.1 amendments to this agreement can be proposed by any Contracting Party. 23.2. amendments to this Agreement shall be adopted at a session of the main body. The text of any proposed amendment the Secretary shall notify the Contracting Parties at least six months before the session at which this amendment is provided for adoption. 23.3. all amendments to this agreement are accepted by all the main actors present at a session of the unanimous consent of the Contracting Parties. the main institutions of 23.4. any amendment adopted shall enter into force for the Contracting Parties which have ratified, accepted or approved by the 90th day after the date on which two thirds of the parties have deposited instruments of ratification, acceptance or approval. Then the amendment shall enter into force for any other Contracting Party on the 90th day after that party shall submit their instruments of ratification, acceptance of the amendment or approval. 14.6. the meaning of this article, the document submitted by the Organization, FAO members — are not considered as additional ones you submitted such organisations by the Member States. Article 24 – annexes 24.1. The annexes to this Agreement constitute an integral part of this agreement, and the reference to the Treaty simultaneously refers to any attachment to it. 24.2. The provisions of article 23 of the Treaty, on the amendments of this agreement apply to the amendment of the annex. Article 25: signature this agreement is available for signing at FAO Headquarters from 2001 to November 3 2002 4 November to all FAO members and countries which are not members of FAO but are UN or any of its special office or International Atomic Energy Bureau. Article 26 – ratification, acceptance or approval of this agreement is the instruments of ratification, acceptance or approval of the entity referred to in article 25, the Member States of FAO and non-FAO at America. Instruments of ratification, acceptance or approval, the documents will be submitted to the depositary. Article 27: the accession to this Treaty may accede to all FAO member countries at FAO and outside countries but which are UN or any of its special office or International Atomic Energy Bureau, beginning with the date when the contract is closed for signature. The instruments of accession shall be submitted to the depositary. Article 28 – entry into force 28.1. According to the provisions of paragraph 29.2 this Agreement shall enter into force on the 90th day after the fortieth ratification, acceptance, approval or accession, provided that at least twenty instruments of ratification, acceptance, approval or accession have been submitted by FAO Member States. 28.2. Each Member State and at the FAO FAO country outside, but where is the United Nations or any of its special office or International Atomic Energy Bureau, which ratifies, accepts, approves or accedes to this Treaty after the fortieth ratification, acceptance, approval or accession under paragraph 28.1, this Treaty shall enter into force on the 90th day after its instrument of ratification, acceptance, approval or accession. Article 29: the FAO 29.1 when a member organization of FAO, this Agreement shall submit its instruments of ratification, acceptance, approval or accession, then the following member according to the FAO Constitution, the provisions of paragraph 7.3 shall notify of any changes with respect to the distribution of competencies in its Declaration of competence submitted under the FAO Constitution 11.5 points. Any contracting party to this agreement may at any time ask the FAO, which is the Contracting Party, provide information about the that Member organization and its Member States shall be responsible for any particular issue covered by this agreement. Member organization shall provide this information within a reasonable time. 29.2. Fao submitted instruments of ratification, acceptance, approval, accession or withdrawal document are not considered additional to those which are submitted by the Member States of such organisation. Article 30 – saving any right of retention of the present agreement is not possible. Article 31 – non-parties to the Treaty the Contracting Parties shall encourage any member of FAO or other countries that are not parties to this agreement, to accede to this Treaty. Article 32 — withdrawal 32.1. each Contracting Party may at any time after a two-year period after the date of entry into force of the agreement in writing notify the depositary of its withdrawal from this Treaty. The depositary shall immediately inform all the Contracting Parties. 32.2. The withdrawal shall take effect one year after the date of receipt of the notice. Article 33: the end of the contract 33.1. This contract shall terminate automatically if the withdrawal of the parties due to the number of Contracting Parties drops below forty and if the remaining Contracting Parties unanimously decides otherwise. 33.2. The depositary shall inform all remaining Contracting Parties when the number of Contracting Parties has dropped to forty. 33.3. the termination of the contract in case the value realization takes place in accordance with the financial rules, which are to be adopted in the main body. Article 34 Depositary the Director-General, FAO is depositary of this agreement. Article 35 – authentic texts of this agreement in the Arabic, Chinese, English, French, Russian and Spanish languages being equally authentic. Annex I contained in the multilateral SYSTEM crops list food culture of Crop observations, bread tree Artocarp tree of bread only asparagus asparagus Oats Avena was beet red But the cabbage vegetable Brassica et al. included genera: Armoraci, Barbare, Brassica napus, Camelin, Cramb, Diplotax, Eruc, isatis, Raphanobrassic, Lepidi, raphanus, Roripp and sinapis. Contains the seed of oil plants and vegetable crops as cabbage, apeseed, sinepjaug, MAFELL, wild sinepjaug, dollar and turnip. Museum of meyeni Lepidi (mac) the species is not included in the pigeon pea, chickpea Cicer kajān of the Cajan Citrus citrus genera Pancir and fortunella are included as root shoots coconut Cocos Kolokāzij, Colocasi, Major aroid include taro, dashhen and ksantozom of cocoy, Xanthosom-tannia carrots Daucus, elephant in the Discore millet (finger) of Strawberry Fragaria Elusin sunflower Helianthus in barley hordeum Ipomoea Lathyrus pratensis Lathyr of sweet potatoes in the lens lens Malus Manihot Malus manioc Manihot esculenta Only Banana/CHOW Musa except Musa textilis rice Oryza millet Penniset of beans Phaseolus except Phaseolus Pisum polyanth of peas rye
Secale Solanum tuberos Potato, including a chapter, with the exception of Eggplant Solanum phurej Solanum including melangen chapter of sorghum sorghum wheat Triticale Triticosecale Triticum et al. including Agropyron, Elymas and Secale bean/vetch Vicia Vigna Vigna maize Zea excluding Zea mays, Zea mays diploperenn perenn and Zea luxurian in forage crops crop legumes of the genus Astragal chinensis, arenari of the Canavali of cicer, the ranges of Coronil ensiform Hedysarum Coronarium of cicer, ciliolat Lathyr, hirsutus , odorat, ichr, Lespedez of the cuneat, Mays striat, stipulace Lotus corniculatus, subbiflor, uliginos, angustifoli of Lupinus Albus, lute of Medicago arborea, falcat, sativa, sculett, rigidul, truncatatul of Melilotus Albus, onobrychis viciifoli of Ornithop officinalis in Mays of Prosopis affinis, Alba, chilens, nigra, pallid Pueraria phaseoloid Trifolium alexsandrin, of alpestr, the ambigu, angustifoli,, agrocicer arvense, clones, incarnatum, pratense, repens, resupinatum, rueppellian, semipilos, vesiculos, Hall of subterrane culture of cristat, Andropogon Agropyron desrtor gayan of Agrostis stolonifera Alopecurus pratensis, a tenu arrhenatherum elatius Dactylis glomerat Festuca arundinacea of the,,, heterophyll ovina gigantean, pratensis, Rubra Lolium hybrid, multiflor, perenne, rigid, temulentum Aquatica, phalaris of Phleum pratense arundinace POA annua, Alpine, Tripsac of lax pratensis other forage crops of Atriplex nummulari Salsol of the halim vermiculat, annex II to the Court of arbitration and CONCILIATION of part I of the arbitration article 1 the claimant party shall notify the Secretary that the parties to the dispute to arbitration pursuant to apply provisions of article 22. The notice will indicate the disputed issue, and in particular article of this agreement, the interpretation or application of which has created the problem. If the parties do not agree on the dispute before the President of the Tribunal is approved, the arbitral tribunal shall determine the dispute. The Secretary shall forward the information received to all parties to this agreement. 1. Article 2 in disputes between two parties dispute the arbitral tribunal shall consist of three persons. Each of the parties to the dispute shall appoint its arbitrator and the two arbitrators so appointed shall, by mutual agreement, adopt a third arbitrator, who shall be the Chairman. The third judge not involved in the dispute to national citizen, reside and live in the territory of the parties, these parties are not employed, was not involved in the case in any other way. 2. In disputes between more than two Contracting Parties, parties with the same interest, by mutual agreement, shall appoint one arbitrator. 3. any vacancy will be filled in the manner as provided for the original appointment. Article 3 1. If the Chairman of the arbitral tribunal are not appointed within two months of the appointment of the second arbitrator, the Director-General of FAO, at the request of a party to the dispute shall appoint the Chairman within the next two months. 2. If one of the parties to the dispute within two months after receipt of the request does not confirm an arbitrator, the other party may inform the Director-General of FAO, who may appoint an arbitrator within the next two months. Article 4 the arbitral tribunal shall give its decision in accordance with the terms of this agreement and international law. Article 5 unless the parties to the dispute does not accept the other decision, the arbitral tribunal shall determine its own procedure. Article 6 the arbitral tribunal may, at the request of the parties to the dispute, recommend essential interim measures of protection. Article 7 the parties involved in the dispute shall facilitate the work of the arbitral tribunal, in particular shall, using all means at their disposal: (a) submit all relevant documents, information and support; (b) provide for the possibility, where necessary, to call witnesses or experts and receive evidence. Article 8 the parties to the dispute and the arbitrators imposed the obligation to protect the confidentiality of any information received on the proceedings of the arbitral tribunal. Article 9 unless the arbitral tribunal determines otherwise, the particular circumstances of the Tribunal's costs shall be borne by the parties to the dispute in equal shares. The Tribunal shall record all expenses and submit the final report on the resources used for the parties to the dispute. Article 10 any Contracting Party that is a legal interest in the matter in dispute that could affect the decision in the case, with the consent of the Tribunal may interfere with the procedure. Article 11 the Tribunal may hear and determine counterclaims arising directly out of the controversial issue. Article 12 decisions both on procedure and substance of the Tribunal shall be taken by a majority of its members. Article 13 If one of the parties to the dispute does not appear before the arbitral tribunal or fails to defend its case, the other party may request the Tribunal to continue the proceedings and make a decision. Any party to the dispute shall not appearance or unable to defend your case can not stay the proceedings. Before you make the final decision, the arbitral tribunal must satisfy itself that the claim is unfounded both in fact and in law. Article 14 the Tribunal gives its final decision within five months, beginning with the full support of the composition date, unless it finds it necessary to extend the time limit for a period which should not exceed the period of the next five months. Article 15 the final decision of the Tribunal is limited to the nature of the dispute and shall state the reasons on which it is based. It is specified in the Tribunal members who participated and the date of its adoption. Any member of the Tribunal may attach a separate final decision or different views. Article 16 the Tribunal's decision is binding on the parties to the dispute. The decision cannot be appealed, unless the parties to the dispute have not previously agreed on the appeal procedure. Article 17 any controversy in the dispute between the parties concerning the interpretation of the final decision or the type of marketing any party may submit the arbitral tribunal which made the decision. Part II conciliation article 1 a Conciliation Commission is created by one of the parties to the dispute. The Commission shall, unless the parties to the dispute agree otherwise, be composed of five members, two appointed by each party concerned and a Chairman chosen jointly by the two appointed members of the Commission. Article 2 in disputes between more than two Contracting Parties, parties with the same interest shall appoint their members of the Commission jointly by agreement. If two or more parties to the dispute have different interests or they can't agree on whether they have the same interest, they shall appoint their members of the Commission alone. Article 3 If the parties to the dispute within two months following the request for the establishment of the Conciliation Commission shall not set up meeting time, the FAO Director-General after the parties to the dispute, which has prompted this request made to the appointment of the next four months. Article 4 If a President of the Conciliation Commission has not been designated within two months of the last of the members of the Commission being appointed, the Director-General of FAO, at the invitation of the parties to the dispute shall appoint the Chairman of the Commission for the next two months. Article 5 the Conciliation Commission shall take its decisions by a majority vote of its members. It determines its own procedures, unless the parties to the dispute decide otherwise. It provides a dispute resolution proposal, which the Parties shall consider in good faith. Article 6 disagreement as to whether the Conciliation Commission has competence to decide, the Commission itself.