Act No. 2006-26 of 7 August 2006 authorizing the President of the Republic to ratify the International Treaty on Plant Genetic Resources for Food and Agriculture, signed in Rome on 3 November 2001.

[|
EXPOSE REASONS |]

Acknowledging that the collection and conservation of plant genetic resources for food and agriculture plays an essential role in the achievement of global food security, the United Nations Conference for the Food and Agriculture (FAO), meeting in its thirty-first session, adopted the International Treaty on Plant Genetic Resources for Food and Agriculture in Rome on 3 November 2001.

This instrument replaces the non-binding 1983 arrangement entitled " International Undertaking on Plant Genetic Resources for Food and Agriculture ".

The objectives of this Treaty are the conservation and sustainable use of plant genetic resources for food and agriculture and the fair and equitable sharing of the benefits arising from their use, in harmony with the Convention on Biological Diversity.

The realisation of these jectives would help to stem the sharp loss of the world's genetic heritage and allow for better agricultural development through the diversification of cultivated species.

Plant genetic resources for food and agriculture designate genetic material of plant origin with an effective or potetiel value for food and agriculture.

Each Contracting Party, subject to its national law and in cooperation with other Contracting Parties, as appropriate, shall promote a comprehensive approach to the prospecting, conservation and sustainable use of Plant genetic resources for food and agriculture.

The Contracting Parties also undertake to take into account the rights of farmers in the development of plant genetic resources and to involve them in the decision-making on issues relating to the sustainable use of These resources.

The Contracting Parties also undertake to promote international cooperation in the fields of conservation and sustainable use of the aforementioned resources and to ensure the provision of technical assistance to developing countries Or countries in transition, through bilateral or multilateral assistance.

A financing strategy for the implementation of the Treaty will have to be provided by the States Parties, highlighting the availability, transparency and efficiency of the provision of financial resources.

Two main bodies are responsible for ensuring the effective implementation of the Treaty. They are:

Of the governing body composed of all Contracting Parties and whose decisions are taken, in principle, by consensus. This body will consider particularly important issues such as the amount, form and modalities of monetary payments arising out of commercialization, approval of an Agreement-type of material transfer for resources Plant genetics, mechanisms to promote compliance with the Treaty provisions and a financing strategy;

The Secretary of the Governing Body.

This Treaty shall enter into force from ninetieth (90th) day after the deposit of the fortieth (40th) instrument of ratification, provided that at least twenty (20) instruments of ratification have been deposited by members of the FAO.

Senegal has taken an active part in the negotiation of this Treaty and its ratification would support the agricultural development of our country.

This is the economy of this bill.

The National Assembly adopted, at its meeting on Friday, 21 July 2006;

The President of the Republic enacts the law
The content follows:

Sole Article. - The President of the Republic is authorized to ratify the International Treaty on Plant Genetic Resources for Food and Agriculture, signed in Rome on 3 November 2001.

This Law shall be enforced as the law of the State.

[/Done at Dakar, 7 August 2006.

Abdoulaye WADE.

By the President of the Republic:

The Prime Minister,

Macky SALL ./]

[|
INTERNATIONAL TRAFFICKING |]

ON Plant genetic resources for food and agriculture

[| PREAMBLE |]

[|
Contracting Parties |]

Convinced in the special nature of plant genetic resources for food and agriculture, and their particular characteristics and problems calling for specific solutions;

Alarmed by the continued erosion of these resources;

Conscious of the fact that plant genetic resources for food and agriculture are a common concern of all countries in that they are all highly dependent on plant genetic resources for food and agriculture Coming from elsewhere;

Recognizing that conservation, prospecting,
Collection, characterization, evaluation and
Documentation of plant genetic resources for food and agriculture plays an essential role in achieving the objectives of the Rome Declaration on World Food Security and the Plan of Action of the World Summit Food, and sustainable agricultural development for present and future generations, and that the capacity of developing countries and countries in transition for these tasks should be urgently strengthened;

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 reference framework for such activities;

Acknowledging further that plant genetic resources for food and agriculture are the essential raw material for the genetic improvement of crop plants, be it through the selection of farmers, by methods Traditional plant breeding or modern biotechnology, and play an essential role in adapting to ecological changes and unpredictable human needs;

Affirming that the past, present and future contributions of farmers in all regions of the world, including those living in the centres of origin and diversity, to the conservation, improvement and availability of these Resources, are the foundation of farmers' rights.

Affirming also that the rights recognized in this Treaty to conserve, use, exchange and sell farm seed and other propagating material and to participate in decision-making regarding the use of resources Plant Genetic Resources for Food and Agriculture, as well as fair and equitable sharing of benefits, are fundamental to the realization of the rights of farmers at the national and international levels;

Recognizing that this Treaty and other relevant international agreements should be complementary with a view to ensuring sustainable agriculture and food security;

Affirming that nothing in this Treaty shall be construed as entailing any change in the rights and obligations of Contracting Parties under other international agreements in any way;

Considering that the above statement is not intended to establish a hierarchy between the Treaty and other international agreements;

Conscious of the fact that questions concerning
The management of plant genetic resources for food and agriculture are at the intersection of agriculture, the environment and trade, and convinced that there must be synergy between these sectors;

Aware of their responsibilities to present and future generations for the conservation of the global diversity of plant genetic resources for food and agriculture;

Recognizing that in the exercise of their sovereign rights over their plant genetic resources for food and agriculture, States can mutually benefit from the creation of an effective multilateral system to facilitate access to Negotiated part of these resources and the fair and equitable sharing of benefits arising out of their use; and

Wishing to conclude an international agreement within the framework of the Food and Agriculture Organization of the United Nations, hereinafter referred to as the FAO, under Article XIV of its Constitution.
Have agreed as follows:

[/
PART I. - INTRODUCTION/]

Article 1. - Objectives

1.1. -The objectives of this Treaty are the conservation and sustainable use of plant genetic resources for food and agriculture, and the fair and equitable sharing of the benefits arising from their use in harmony with the Convention on Biological Diversity, Sustainable Agriculture and Food Security.

1.2. -These objectives are achieved through the establishment of close links between this Treaty and the Oraganisation of the United Nations for food and agriculture, as well as the Convention on Biological Diversity.

Article 2. - Use of terms

For the purposes of this Treaty, the following terms have the meanings indicated in this Article. Definitions do not include international trade in goods.

" In situ conservation " Refers to the conservation of natural ecosystems and habitats and the maintenance and recovery of populations of viable species in their natural environment and, in the case of plant species cultivated, in the environment or developed Their distinctive characters.

" Ex situ conservation " Means conservation
Plant genetic resources for food
And agriculture outside their natural environment;

" Genetic material " Means material of plant origin, including reproductive and vegetative propagating material, containing functional units of heredity.

" Variety " Refers to a plant group, a botanical taxon of the lowest known rank, defined by the reproducible expression of its distinctive characters and other genetic traits.

" Ex situ collection " Is a collection
Plant genetic resources for food and agriculture conserved outside of their natural environment.

" Center of origin " Means a geographical area or a plant species, cultivated or wild, has developed for the first time its distinctive features.

" Plant diversity centre " Refers to a geographical area containing a high level of genetic diversity for species grown under in situ conditions.

Article 3. - Scope of application

This Treaty deals with plant genetic resources for food and agriculture.

[|

PART II. -GENERAL PROVISIONS |]

Article 4. - General obligations

Each Contracting Party shall ensure that its laws, regulations and procedures comply with its obligations under this Treaty.

Article 5. - Conservation, prospecting, collection, characterization, evaluation and documentation of plant genetic resources for food and agriculture.

5.1-Each Contracting Party, subject to its national law, and in cooperation with other Contracting Parties, as appropriate, promises an integrated approach to the prospecting, conservation and sustainable use of Plant genetic resources for food and agriculture and, in particular, as appropriate, to:

(a) identify and inventory plant genetic resources for food and agriculture, taking into account the status and degree of variation within existing populations, including those for potential use and, where possible, evaluate Risks to them;

(b) promote the collection of plant genetic resources for food and agriculture and the relevant information associated with those plant genetic resources that are in danger or potentially usable;

(c) encourage or support, as appropriate, the efforts of farmers and local communities to manage and conserve their plant genetic resources for food and agriculture at the farm level;

(d) promote in situ conservation of wild relatives of cultivated plants and wild species for food production, including in protected areas, by supporting, inter alia, the efforts of local communities and Aboriginal peoples;

(e) to cooperate in order to promote the establishment of an efficient and sustainable system of ex situ conservation, with due attention to the need for documentation, characterization, regeneration and evaluation To promote the development and transfer of appropriate technologies for this purpose in order to improve the sustainable use of plant genetic resources for food and agriculture;

(f) monitoring the maintenance of the viability, degree of variation and genetic integrity of the collections of plant genetic resources for food and agriculture.

5.2-Contracting Parties shall, as appropriate, take measures to limit or, where possible, eliminate the risks to plant genetic resources for food and agriculture.

Article 6. - Sustainable use of plant genetic resources

6.1. -Contracting Parties shall develop and
Maintain appropriate policies and legal provisions to 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 the following measures:

(a) Develop fair agricultural policies that promote, as appropriate, the establishment and maintenance of diversified agricultural systems that promote the sustainable use of agricultural biodiversity and other natural resources ;

(b) to do more research that strengthens and conserve biological diversity by maximizing intra-and inter-specific variation for the benefit of farmers, including those who create and use their own varieties and apply Ecological principles for the maintenance of soil fertility and control of disease, weeds and pests;

(c) promote, as appropriate, with the participation of farmers, particularly in developing countries, selection efforts that enhance the capacity to develop varieties specifically adapted to different conditions Social, economic and ecological, including in marginal areas;

(d) expand the genetic base of cultivated plants and increase the diversity of genetic material available to farmers;

(e) promote, as appropriate, increased use of cultivated plants, varieties and local underutilized species or adapted to local conditions;

(f) encourage, as appropriate, greater use of the diversity of varieties and species in the management, conservation and sustainable use of on-farm crops and to establish close links between plant breeding and Agricultural development in order to reduce the vulnerability of crops and genetic erosion, and to promote increased global food production compatible with sustainable development; and

(g) to monitor and, as appropriate, adjust selection strategies and regulations for the marketing of varieties and the distribution of seed.

Article 7. - National commitments and international cooperation

7.1. -Each Contracting Party shall incorporate, as appropriate, in its agricultural and rural development policies and programmes, the activities referred to in Articles 5 and 6 and cooperate with the other Contracting Parties, directly or by FAO and other relevant international organizations in the areas of conservation and sustainable use of plant genetic resources for food and agriculture.

7.2. -The aim of international cooperation is to:

(a) To establish or strengthen the capacity of developing countries and countries with economies in transition in the conservation and sustainable use of plant genetic resources for food and agriculture;

(b) to strengthen international activities to promote conservation, evaluation, documentation, genetic improvement, plant breeding, seed multiplication and, in accordance with Part IV, sharing, access The exchange of plant genetic resources for food and agriculture and appropriate technological information;

(c) to maintain and strengthen the institutional arrangements referred to in Part V; and

(d) implement the financing strategy for Article 18.

Article 8. - Technical assistance

The Contracting Parties agree to promote the provision of technical assistance to Contracting Parties, in particular those of developing countries or countries with economies in transition, through bilateral assistance or organizations In order to promote the implementation of this Treaty.

[|PART III. -FARMERS' RIGHTS |]

Articles 9. - Farmers' Doits

9.1. -The Contracting Parties acknowledge
The enormous contribution that local and indigenous communities and farmers in all regions of the world, and especially those from the centres of origin and diversity of crops, have made and will continue to bring to the The conservation and development of plant genetic resources that form the basis of food and agricultural production worldwide.

9.2. -The Contracting Parties agree that the responsibility for the realization of the rights of farmers, in relation to plant genetic resources for food and agriculture, is the responsibility of the governments. Depending on its needs and priorities, each Contracting Party should, as appropriate and subject to national legislation, take measures to protect and promote the rights of farmers, including:

(a) the protection of traditional knowledge of relevance to plant genetic resources for food and agriculture;

(b) the right to participate equitably in the sharing of benefits arising out of the use of plant genetic resources for food and agriculture;

(c) the right to participate in decision-making at the national level on issues relating to the conservation and sustainable use of plant genetic resources for food and agriculture.

9.3. -Nothing in this Article shall be construed as limiting the rights of farmers to retain, use, trade and sell farm seed or propagating material, subject to the provisions of the National legislation and as appropriate.

[|PART IV. -MULTILATERAL ACCESS AND BENEFIT-SHARING SYSTEM |]

Article 10. - Multilateral System of Access and Benefit-sharing

10.1-In their relations with other States, Contracting Parties recognize the sovereign rights of States over their own plant genetic resources for food and agriculture, including the fact that the power to determine Access to these resources belongs to governments and is governed by national legislation.

10.2. -In the exercise of their sovereign rights, the Contracting Parties agree to establish a multilateral system that is efficient, effective and transparent, both to promote access to plant genetic resources for food and To share, in a fair and equitable manner, the benefits arising from the use of these resources, in a complementary and mutually reinforcing perspective.

Article 11. - Coverage of the multilateral system
11.1. -To achieve the objectives of 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, as described in Article 1, Multilateral system applies to the plant genetic resources for food and agriculture listed in Annex 1 on the basis of food safety and interdependence criteria.

11.2. -The multilateral system, as set out in Article 11.1, encompasses all plant genetic resources for food and agriculture listed in Annex 1 that are managed and administered by Contracting Parties and fall within the scope of the Public. In order to achieve the fullest possible coverage, the Contracting Parties shall invite all other holders of plant genetic resources for food and agriculture listed in Annex 1
To incorporate these plant genetic resources for
Food and agriculture in the Multilateral System.

11.3-The Contracting Parties further agree to take appropriate measures to encourage natural and legal persons within their jurisdiction who hold plant genetic resources for food and agriculture Annex 1 to the inclusion of such plant genetic resources for food and agriculture in the Multilateral System.

11.4. -Within two years of the entry into force of the Treaty, the Steering Body shall assess the progress made in the inclusion in the Multilateral System of Plant Genetic Resources for Food and Agriculture referred to in Article 11.3. Following this assessment, the Steering Body shall decide whether access continues to be facilitated for the natural and legal persons referred to in Article 12.3 who have not included such plant genetic resources for food and agriculture in the Multilateral system, or if it takes any other action it deems appropriate.

11.5. -The Multilateral System also encompasses the plant genetic resources for food and agriculture listed in Annex I and maintained in the ex situ collections of the Consultative Group's international agricultural research centres For international agricultural research (CGIAR), as provided for in Article 15.1a, and in other international institutions, in accordance with Article 15.5.

Article 12. - Facilfacilitated access to plant genetic resources for food and agriculture within the Multilateral System

12.1. -The Contracting Parties agree that access to plant genetic resources for food and agriculture within the Multilateral System, as defined in Article 11, shall be made in accordance with the provisions of this Treaty.

12.2. -The Contracting Parties agree to take the appropriate legal or other measures necessary to grant such access to the other Contracting Parties through the Multilateral System. To that end, such access shall also be granted to natural and legal persons within the jurisdiction of any Contracting Party, subject to the provisions of Article 12.4.

12.3. -This access is granted in accordance with the following conditions:

(a) access is granted when the sole purpose is
Conservation and use for research, selection and training for food and agriculture, provided that it is not intended for chemical or pharmaceutical uses or other industrial uses Food and non-feed. In the case of plants with multiple uses (food or non-food), their inclusion in the Multilateral System and the applicability of the facilitated access regime depends on their importance to food security.

(b) access is granted promptly, without the need to individually follow the entries, and free of charge or, where a payment for costs is required, it must not exceed the minimum costs incurred;

(c) all available passport data and,
Subject to applicable legislation, any other
Related descriptive information available and not
Confidential shall be made available with the plant genetic resources for food and agriculture provided;

(d) the beneficiaries may not claim any intellectual property right or other right limiting access to plant genetic resources for food and agriculture or to their parts or genetic components, in the form of Received from the Multilateral System;

(e) access to the plant genetic resources for food and agriculture under development, including the material being developed by farmers, remains at the discretion of the breeders, during the period of their development;

(f) access to plant genetic resources for food and agriculture protected by intellectual property rights and other property rights is given in accordance with international agreements and relevant national laws;

(g) the beneficiaries of the plant genetic resources for food and agriculture for which access is granted within the framework of the Multilateral System and which are kept in accordance with the provisions of the Multilateral System, in compliance The provisions of this Treaty;

(h) without prejudice to the other provisions of this Article, the Contracting Parties agree that access to plant genetic resources for food and in situ agriculture shall be granted in accordance with national law or, in the case of The absence of such legislation, in accordance with the standards that the Governing Body may establish.

12.4. -For this purpose, the facilitated access, in accordance with Articles 12.2 and 12.3 above, shall be granted in accordance with a standard Material Transfer Agreement (MTA) adopted by the Steering Body, which shall incorporate the provisions of Article 12.3a, d and g, thus The benefit-sharing provisions of Article 13.2 (d) (ii) and other relevant provisions of that Treaty, as well as the provision indicating that the recipient of plant genetic resources for food and Agriculture must require that the conditions of the MTA apply to the transfer of resources Plant genetic resources for food and agriculture to another person or entity, as well as any subsequent transfer of these plant genetic resources for food and agriculture.

12.5. -Contracting Parties shall ensure that it is possible to make recourse, in accordance with the applicable jurisdictional provisions, in their
Legal system, in the event of contractual disputes arising from such MTAs, recognizing that the obligations arising from these MTAs are exclusively the responsibility of the parties involved in these MTAs.

12.6. -In emergency situations due to disasters, the Contracting Parties agree to grant facilitated access to the appropriate plant genetic resources for food and agriculture as part of the Multilateral System in order to Contributing to the rehabilitation of agricultural systems, in cooperation with the wardens.

Article 13. - Benefit-sharing in the Multilateral System

13.1. -Contracting Parties recognize that facilitated access to plant genetic resources for food and agriculture that are included in the Multilateral System is, in itself, a major benefit of the Multilateral System and are appropriate The resulting benefits are shared in a fair and equitable manner in accordance with the provisions of this section.

13.2. -The Contracting Parties agree that the benefits arising from the use, including commercial use, of plant genetic resources for food and agriculture within the Multilateral System are fairly shared and Equitable through the following mechanisms: Exchange of information, access to and transfer of technology, capacity-building, sharing of commercialization benefits, taking into account the priority areas of the evolving Global Plan of Action, and According to the guidance of the Steering Body:

(a) Exchange of information

The Contracting Parties agree to make available information which includes, inter alia, catalogues and inventories, information on tehnologies and the results of technical, scientific and socio-economic research; y Including the characterization, assessment and use of plant genetic resources for food and agriculture included in the Multilateral System. Such information shall be made available, if not confidential, subject to applicable law and in accordance with national capacities. This information shall be made available to all Contracting Parties to this Treaty through the information system, as provided for in Article 17.

(b) Technology access and transfer
Technologies:

(i) the Contracting Parties undertake to grant
And/or to require access to technologies for the conservation, characterization, evaluation and use of plant genetic resources for food and agriculture included in the Multilateral System.

Recognizing that certain technologies can only be transferred through genetic material, Contracting Parties shall grant and/or facilitate access to such technologies and genetic material included in the Multilateral System as well as to Improved varieties and genetic material developed through the use of plant genetic resources for food and agriculture included in the Multilateral System, in accordance with the provisions of Article 12. Access to these technologies, improved varieties and genetic material shall be granted and/or facilitated in accordance with applicable property rights and laws concerning access and in accordance with national capacities.

(ii) access to and transfer to technology
Countries, in particular developing countries and countries in transition, are covered by a set of measures such as the creature and the functioning of thematic groups per plant grown on the use of plant genetic resources For food and agriculture and participation in these groups, all partnership countries for research and development and joint commercial enterprises related to equipment received, development of human resources and Effective access to research facilities;

(iii) access to technologies, including technologies protected by intellectual property rights, and their transfer, as indicated in subparagraphs (i) and (ii) above, to developing countries that are Contracting Parties, in particular to Least developed countries and countries with economies in transition, are insured and/or facilitated under fair and favourable conditions, in particular in the case of technologies used for conservation purposes, as well as technologies for Farmers in the least developed countries and countries in the process, including favourable conditions And preferential, if so mutually agreed, in particular through research and development partnerships under the Multilateral System. Such access and transfer shall be provided under conditions that ensure adequate and effective protection of and comply with intellectual property rights.

(c) capacity building:

Taking into account the needs of developing countries and countries in the process, as reflected in their priority for capacity-building in plant genetic resources for food and agriculture in their plans And progams, where they exist, for the plant genetic resources for food and agriculture covered by the Multilateral System, the Contracting Parties agree to give priority (i) to the establishment and/or strengthening Scientific and technical education and training programmes in The conservation and sustainable use of plant genetic resources for food and agriculture, (ii) the development and strengthening of facilities for the conservation and sustainable use of resources For food and agriculture in particular in developing countries and countries in transition, and (iii) preferably conducted scientific research and, where possible, in developing countries and countries in Transition, in cooperation with the institutions of these countries, as well as the development of capacity to Conduct such research in the areas where it is needed.

D) Sharing monetary and other benefits from commercialization:

(i) the Contracting Parties shall, within the framework of the Multilateral System, take measures to ensure the sharing of commercial benefits, through the involvement of the private and public sectors in the activities identified in the present Article, through partnerships and collaborations, in particular with the private sector of developing countries and countries in transition pure research and development of technologies;

(ii) the Contracting Parties agree that the Model Material Transfer Agreement (MTA) referred to in Article 12.4 shall contain a provision in respect of which a beneficiary marketing a product that is a plant genetic resource for Food and agriculture and which incorporates material to which the said beneficiary has access through the Multilateral System is required to pay to the mechanism referred to in Article 1903f a fair share of the benefits arising from the marketing of This product, except when this product is available without restriction for others Beneficiaries for research and selection purposes, in which case the beneficiary who markets the product is encouraged to make this payment.

At its first meeting, the Governing Body shall determine the amount, form and manner of payment, in accordance with commercial practices. The Steering Body may decide to establish different payment amounts for the various categories of beneficiaries who market such products, it may also decide that it is necessary to exempt small payments from such payments. Farmers in developing countries and countries in transition. The Steering Body may, from time to time, consider the amounts of the payment in order to achieve a fair and equitable benefit-sharing and may also evaluate, for a period of five years from the entry into force of this Treaty, If the provision of the MTA providing for a compulsory payment also applies to cases in which those marketed products are, without restriction, available to other beneficiaries for research and selection purposes.

13.3. -Contracting Parties agree that the benefits arising from the use of plant genetic resources for food and agriculture
The multilateral system must first, directly and indirectly, converge to the farmers of all countries in particular, developing countries and countries with economies in transition, who maintain and use Sustainable development of plant genetic resources for food and agriculture.

13.4. -At its first meeting, the Steering Body analyses a policy and relevant criteria for the provision of specific assistance under the agreed financing strategy set out in Article 18 for the conservation of resources Plant Genetic Resources for Food and Agriculture in Developing Countries and Countries in Transition whose contribution to the diversity of plant genetic resources for food and agriculture included in the Multitateral System is Important and/or have special needs.

13.5. -The Contracting Parties recognize that the capacity of developing countries, and countries in transition in particular, to fully implement the Global Plan of Action is largely dependent on the effective implementation of this Article and of the Section 18 funding strategy.

13.6. -The Contracting Parties analyse the modalities of a strategy for voluntary contribution to benefit-sharing, under which the food industries that benefit from plant genetic resources for food and agriculture Contribute to the Multilateral System.

[|PART V-SUPPORT ELEMENTS |]

Article 14. - Global Plan of Action

Recognizing that the Global Plan of Action for
Continued evolution for the conservation and sustainable use of plant genetic resources for food and agriculture is of importance to this Treaty, the Contracting Parties should promote the proper implementation of this Treaty, In particular through national actions and, as appropriate, through international cooperation and, where appropriate, international cooperation in order to provide a coherent framework, in particular for capacity-building, Transfer of technology and exchange of information, subject to the provisions 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 institutions International

15.1. -The Contracting Parties recognize the importance to this Treaty of ex situ collections of plant genetic resources for food and agriculture held in trust by the International Agricultural Research Centres (IARC) of the Group Consultative for International Agricultural Research (CGIAR). The Contracting Parties urge IARCs to sign agreements with the Governing Body in respect of ex situ collections, in accordance with the following conditions:

(a) the plant genetic resources for food and agriculture listed in Annex I to this Treaty and held by IARCs shall be available in accordance with the provisions of Part IV of this Treaty;

(b) Plant genetic resources for food and agriculture other than those listed in Annex I to this Treaty and collected before the entry into force of this Treaty, which are held by IARCs, shall be available in accordance with Provisions of the MTA currently in force in accordance with the agreements between the IARCs and the FAO. This MTA shall be amended by decision of the Steering Body at the latest at its second regular session, in consultation with IARCs, in accordance with the relevant provisions of this Treaty, in particular Articles 12 and 13, and the conditions Following:

(i) IARCs shall periodically inform a
Timetable to be established by the Steering Body;

(ii) Contracting Parties in the Territory
Of which genetic resources for food and agriculture have been collected in situ, receive samples of these plant genetic resources for
Food and agriculture on demand, without ATM;

(iii) the benefits stipulated in the above MTAs that go to the mechanism referred to in Article 19.3f are applied in particular to the conservation and sustainable use of the plant genetic resources for food and agriculture in question, In particular in the national and regional programmes of developing countries and countries in transition, and especially in the centres of diversity and the least developed countries;

(iv) The IARCs shall take all appropriate measures in their power to ensure consistent compliance with the conditions set out in the Material Transfer Agreements and shall promptly inform the Steering Body of cases of non-implementation.

(c) The IARCs shall recognize the power of the Governing Body to provide general guidance on the ex situ collections that they hold and which are subject to the provisions of this Treaty

(d) the scientific and technical installations in which these ex situ collections are kept remain under the authority of the IARCs, who undertake to manage and administer these ex situ collections in accordance with the
Internationally accepted standards, including standards for gene banks, such as
Approved by the FAO Commission on Genetic Resources for Food and Agriculture;

(e) at the request of CIRA, the Secretary shall endeavour to provide appropriate technical support;

(f) the Secretary shall have, at any time, the right of access to the facilities and the right to inspect all activities directly related to the conservation and exchange of the material covered by this section:

G) if the proper conservation of these ex situ collections held by IARCs is prevented or threatened by any event, including force majeure, the Secretary, with the agreement of the host country, assists in their evacuation or transfer to the Measure possible.

15.2. -The Contracting Parties agree
To grant easy access to the plant genetic resources for food and agriculture included in Annex I within the Multilateral System to IARCs of the CGIAR which have signed agreements with the Steering Body in accordance with the present Treaty. These centres shall be entered on a list held by the Secretary and made available to the Contracting Parties at their request.

15.3. -Equipment other than that listed in Annex I, which is received and maintained by IARCs after the entry into force of this Treaty, shall be accessible on mutually agreed terms between the IARCs receiving the equipment And the country of origin of those resources or the country which acquired those resources in accordance with the Convention on Biological Diversity or, another applicable law.

15.4. -Contracting Parties are encouraged to grant IARCs that have signed agreements with the Governing Body, access to plant genetic resources for food and plant agriculture on mutually agreed terms Not listed in Annex I which are important for IARC programmes and activities.

15.5. -The governing body shall also endeavour
To establish agreements for the purposes indicated in the
Article with other relevant international institutions.

Article 16. - International networks of plant genetic resources

16.1. -Existing cooperation within the framework of international networks of plant genetic resources for food and agriculture shall be encouraged or developed, in accordance with existing agreements and in accordance with the provisions of this Treaty, To ensure the fullest possible coverage of plant genetic resources for food and agriculture.

16.2. -the Contracting Parties shall encourage, as appropriate, all relevant institutions, governmental, private, non-governmental, research or selection institutions or other institutions to participate 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 with the aim of developing and strengthening a global information system in order to facilitate the exchange of information, on the basis of existing information systems, on scientific matters, Technical and environmental issues relating to plant genetic resources for food and agriculture, with the expectation that the exchange of information will contribute to benefit-sharing by putting information on plant genetic resources For food and agriculture available to all parties Contracting. In developing the global information system, cooperation with the Convention on Biological Diversity Exchange Centre is sought.

17.2. -On the basis of the notification by the Contracting Parties, and in the event of a danger threatening the effective maintenance of plant genetic resources for food and agriculture, a rapid alert shall be launched for the purpose of safeguarding the Genetic material.

17. 3. -The Contracting Parties cooperate with the FAO Committee on Genetic Resources for Food and Agriculture in its regular reassessment of the state of plant genetic resources for food and agriculture in the world In order to facilitate the updating of the ongoing Global Action Plan referred to in Article 14.

[| Parts VI. -FINANCIAL PROVISIONS |]

Article 18. - Financial Resource

18.1. -Contracting Parties undertake to implement a financing strategy for the implementation of this Treaty in accordance with the provisions of this Article.

18.2. -The objectives of the financing strategy are to strengthen the availability, transparency, efficiency and effectiveness of the provision of financial resources for the implementation of activities under this Treaty.

18. 3. -To mobilize funds for priority activities, plans and programmes relating to the
In particular, developing countries and countries in transition, and taking into account the Global Plan of Action, the Steering Body periodically establishes a funding target.

18. 4. -In accordance with this strategy
Funding.

(a) the Contracting Parties shall take the necessary and appropriate measures, within the framework of the governing bodies of the relevant international mechanisms, funds and bodies, to ensure that priority and attention are given to the allocation The effective provision of predictable and agreed resources for the implementation of the plans and programmes under this Treaty,

(b) the extent to which Contracting Parties that are developing countries and Parties
Contracting in transition effectively fulfilling their obligations under this Treaty depends on
The effective allocation, in particular, of the Contracting Parties which are developed countries, of the resources referred to in this Article. Developing countries that are Contracting Parties and Contracting Parties in transition accord all the priority required, in their own plans and programmes, to capacity-building for plant genetic resources For food and agriculture;

(c) Contracting Parties that are developed countries also provide, and Contracting Parties that are developing countries and Contracting Parties in transition, benefit from the financial resources for the implementation of the present Treaty through bilateral, regional and multilateral channels. These lanes
Include the mechanism referred to in Article 19.3f;

(d) Each Contracting Party undertakes to undertake national activities for the conservation and sustainable use of plant genetic resources for food and agriculture and to allocate financial resources to these activities in accordance with Its financial resources and capabilities. The financial resources allocated shall not be used for any purpose which is not in conformity with the provisions of this Treaty, in particular in areas related to the international trade in goods;

(e) the Contracting Parties agree that the financial benefits arising from Article 13.2d are part of the financing strategy;

(f) Voluntary contributions may also be provided by Contracting Parties, the private sector, subject to the provisions of Article 13, non-governmental organizations and other sources. The Contracting Parties agree that the Steering Body shall consider the modalities of a strategy to encourage such contributions.

18. 5. -The Contracting Parties agree that priority is given to the implementation of the agreed plans and programmes for farmers in developing countries, in particular the least developed countries and countries in transition, Conserve and sustainably use plant genetic resources for food and agriculture.

[|PART VII. -INSTITUTIONAL ARRANGEMENTS |]

Article 19. - Governing Body

19.1. -A Steering Body composed of all Contracting Parties shall be established for this Treaty.

19.2. -All decisions of the Governing Body shall be taken by consensus, unless another method is approved by consensus for decision-making on certain measures other than the matters referred to in Articles 23 and 24, for which Consensus is still needed.

19.3. The function of the Steering Body is to promote the full implementation of this Treaty, taking into account its objectives, including:

(a) to provide general guidance and guidance for the monitoring and adoption of the recommendations necessary for the implementation of this Treaty, and in particular the functioning of the Multilateral System.

(b) to adopt plans and programmes for the implementation of this Treaty;

(c) adopt at its first session and periodically review the financing strategy for the implementation of this Treaty in accordance with the provisions of article 18;

(d) adopt the budget of this Treaty;

(e) to consider and establish, subject to the availability of the necessary funds, the subsidiary bodies it deems necessary and their respective mandates and composition;

(f) to establish, as appropriate, an appropriate mechanism, such as a trust account, to collect and use the financial resources it receives for the implementation of this Treaty;

(g) establish and maintain cooperation with
Other relevant international organizations
And with treaty bodies, including the Conference of the Parties to the Convention on Biological Diversity in the areas covered by this Treaty, including their participation in the financing strategy;

(h) to consider and adopt, as appropriate, amendments to this Treaty in accordance with the provisions of Article 23;

(i) to consider and adopt, as appropriate, amendments to the annexes to this Treaty,
In accordance with Article 24;

(j) consider the modalities of a strategy to encourage voluntary contributions and, in particular,
In particular, as regards Articles 13 and 18;

(k) to perform any other function necessary for the achievement of the objectives of this Treaty;

(l) to take note of the relevant decisions of the Conference of the Parties to the Convention on Biological Diversity and other international organizations
Competent 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 relating to the implementation of this Treaty; and

(n) to approve the terms of the agreements with IARCs and other international institutions referred to in Article 15, and to review and amend the ATM referred to in Article 15.

19.4. - Subject to Article 19.6, each Contracting Party shall have one vote and may be represented at sessions of the Governing Body by one delegate, who may be accompanied by an alternate, as well as experts and advisers. Substitutes, experts and advisers may participate in the deliberations of the Governing Body but do not have the right to vote except in the event that they are duly authorized to replace a delegate.

19.5. -The United Nations, its specialized agencies and the International Atomic Energy Agency, as well as any State which is not a Contracting Party to this Treaty, may be represented as observers at the sessions of The Steering Body. Any other body or institution, whether governmental or non-governmental, having jurisdiction in areas relating to the conservation and sustainable use of plant genetic resources for food and agriculture, which has Informed the Secretariat that it wishes to be represented as an observer at a session of the Governing Body, may be admitted to this quality, save at least one third of the Contracting Parties present. The admission and participation of observers shall be governed by the rules of procedure adopted by the Board
Director.

19.6. -An Organization Member of the FAO which is a Contracting Party and the Member States of that Organization Member States which are Contracting Parties shall exercise the rights and fulfil the obligations relating to their membership, in accordance with The Constitution and the General Regulations of the FAO.

19.7. The Governing Body may, if necessary, adopt and amend its own Rules of Procedure and its Financial Regulations, which shall not be incompatible with the provisions of this Treaty.

19.8. -The presence of delegates representing a majority of the Contracting Parties is necessary to constitute a quorum at any session of the Governing Body.

19.9. -The Steering Body holds sessions
At least once every two years. These sessions should, as far as possible, be held immediately before or after the regular sessions of the FAO Commission on Genetic Resources for Food and Agriculture.

19.10. -Extraordinary sessions of the Governing Body shall be held when the Governing Body deems it necessary or at the written request of a Contracting Party, provided that such request is supported by at least one third of the Contracting Parties.

19.11. -The Governing Body shall elect the President and the Vice-Presidents (collectively the
" Office ") , in accordance with its rules of procedure.

Article 20. - Secretariat

20.1. -The Secretary of the Steering Body is appointed by the Director-General of FAO, with the approval of the Steering Body. The Secretary shall have the staff who may be required.

20.2. -The Secretary shall perform the functions
Following:

(a) organize sessions of the Steering Body and subsidiary bodies that could be established and provide them with administrative support;

(b) to assist the Steering Body in carrying out its functions, and to carry out any specific tasks that the Governing Body decides to entrust to it;

(c) report on its activities to the Board
Director;

20.3. -The Secretary shall communicate to all Contracting Parties and to the Director General:

(a) the decisions of the Governing Body within 60 days of their adoption;

(b) information received from the Contracting Parties in accordance with the provisions of this Treaty.

20.4. -The Secretary provides documentation for the sessions of the Steering Body in the six languages of the United Nations.

20.5. -The Secretary shall cooperate with the other treaty bodies and bodies, in particular the Secretariat of the Convention on Biological Diversity, to achieve the objectives of this Treaty.

Article 21. - Application

The Steering Body, at its first meeting, shall consider and adopt effective cooperation procedures and operational mechanisms to promote the implementation of the provisions of this Treaty and to address non-implementation issues. These procedures and mechanisms include the monitoring of the provision of advice or assistance, in particular legal advice, as appropriate, particularly in favour of developing countries and countries in transition.

Article 22. - Dispute Settlement

22.1. -In the event of a dispute between Contracting Parties concerning the interpretation or application of the
Treaty, the parties concerned are seeking solutions through negotiation.

22.2. -If the parties concerned cannot reach agreement through negotiation, they may jointly use the good offices or the mediation of a third party.

22.3. -at the time of ratifying, accepting or approving this Treaty, or acceding to this Treaty, and at any time thereafter, any Contracting Party may declare in writing to the Depositary that, in the case of a different that has not been settled In accordance with Article 22.1 or 22.2 above, it agrees to consider either of the following modes of settlement, or both:

(a) arbitration in accordance with the procedure set out in Part 1 of Annex II to this Treaty;

(b) the submission of the different to the International Court of Justice.

22.4. -if the Parties have not accepted the same procedure or any procedure, in accordance with Article 22.3 above, the dispute shall be subject to conciliation in accordance with Part 2 of Annex II to this Treaty, unless the Parties Otherwise agree.

Article 23. Amendments to the Treaty

23.1. -any Contracting Party may propose amendments to this Treaty.

23.2. -amendments to this Treaty shall be adopted at a session of the governing body. The text of the draft amendment shall be communicated to the Contracting Parties by the secretariat at least six months before the session to which it is proposed for adoption.

23.3. -Any amendment to this Treaty may be made only by consensus of the Contracting Parties present at the session of the Governing Body.

23.4-Any amendment adopted by the Governing Body shall enter into force between the Contracting Parties having ratified, accepted or approved on the ninetieth day after the deposit of instruments of ratification, acceptance or approval by the Two-thirds of the Contracting Parties. Thereafter, the amendment shall enter into force in respect of any other Party on the ninetieth day after the deposit by that Contracting Party of its instrument of ratification, acceptance or approval of the amendment.

23.5. -For the purposes of this Article, an instrument deposited by an organisation Member of the FAO is not considered to be in addition to the instruments deposited by the Member States of that organisation.

Article 24. - Annexes

24.1. -The Annexes to this Treaty shall form an integral part of this Treaty and any reference to this Treaty shall also refer to its Annexes.

24.2. -The provisions of Article 23 concern
The amendments to this Treaty shall apply to the amendment of the Annexes

Article 25. Signature

This Treaty shall be open for signature at FAO from 3 November 2001 to 4 November 2002 for all FAO members and all States which, although not members of FAO, are members of the United Nations, one of its members Specialized agencies or the International Atomic Energy Agency.

Article 26. - Ratification, acceptance or approval

This Treaty shall be subject to ratification, acceptance or approval by the members and non-members of the FAO referred to in Article 25. Instruments of ratification, acceptance or approval shall be deposited with the Depositary.

Article 27. - Accession

This Treaty shall be open for accession by all members of FAO and all States which, although not members of FAO, are members of the United Nations, one of its specialized agencies or the Agency International Atomic Energy from the date on which the Treaty is no longer open for signature.

Instruments of accession shall be deposited with the depositary.

Article 28. - Entry into force

28.1. -Subject to Article 29.2, this Treaty shall enter into force from 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 FAO Members.

28.2. -For each FAO Member and any State which, although not a member of FAO, is a member of the organization of the United Nations, one of its specialized agencies or the International Atomic Energy Agency that ratifies, accepts and Shall approve or accede to this Treaty after the deposit, in accordance with Article 28.1, of the fortieth instrument of ratification, acceptance, approval or accession, the Treaty shall enter into force on the ninetieth day after the Deposit of its instrument of ratification, acceptance, approval or accession.

Article 29. - FAO Member Organizations

29.1. -When an FAO Member deposits an instrument of ratification, acceptance, approval or accession for this Treaty, the Member Organization shall, in accordance with the provisions of Article II, by. 7 of the Constitution of the FAO, notify any change in the allocation of jurisdiction to the declaration of competence it has submitted under Article II, paragraph 5 of the Constitution of the FAO, if necessary, taking into account Its acceptance of this Treaty. Any Contracting Party to this Treaty may, at any time, apply to an Organization Member of the FAO which is a Contracting Party to this Treaty to indicate who, from the Organization Member or its Member States, is responsible for the implementation of Any particular matter covered by the present
Treaty. The Member Organization must provide this
Information within a reasonable time frame.

29.2. -Instruments of ratification, acceptance, approval, accession or denunciation deposited by an Organisation Member of the FAO shall not be considered to be in addition to the instruments deposited by the Member States of the said Member Organization.

Article 30. - Reservations

No reservations may be made to this Treaty.

Article 31. - Not parts

The Contracting Parties shall encourage any Member State of FAO or any other State which is not a Contracting Party to this Treaty to accede to the latter.

Article 32. - Denunciation

32.1. -Each Contracting Party may at any time, two years from the date on which this Treaty enters into force for it, notify the Depositary in writing of its withdrawal from this Treaty. The Depositary shall immediately inform all Contracting Parties thereof.

32.2-Denunciation shall take effect one year after the date of receipt of the notification.

Article 33. - Extinction

33.1. -This Treaty shall automatically lapse if and at the time when, following denunciation, the number of Contracting Parties falls below forty, unless otherwise decided by the remaining Contracting Parties, taken unanimously.

33.2. -The Depositary shall inform all the remaining Contracting Parties when the number of Contracting Parties has fallen to forty.

33.3. -In the event of the termination of the Treaty, the allocation of assets shall be governed by the provisions of the Financial Regulations adopted by the Governing Body.

Article 34. - Depositary

The Director-General of FAO shall be the Depositary of this Treaty.

Article 35. - Authentic texts

The texts in English, Arabic, Chinese, Spanish,
French and Russian of this Treaty are equally authentic.

APPENDIX I LIST OF COVERED SPECIES THROUGH THE MULTILATERAL SYSTEM Species grown food
Cultured Species	Gender	Comments
Bread Tree	Artocarpus	Bread Tree Only
Asparagus	Asparagus
Oats	Avena
Betterave	Beta
Brassica Complex	Brassic et al.	Including genera: Brassica, Armeracia, Barbara, Camelina, Crambe, Diplotaxis, Eruca, Isatis, Lepidium, Raphanobrassica, Raphanus, Rorippa and Sinapis. These are oilseeds and vegetables such as cabbage, rapeseed, mustard, cress, rocket, radishes, turnips. The species Lepiddium meyenii (maca) is not included.
Cajan	Cajanus
Chickpeas	Cicer
Citrus	Cirus	Including, as rootstocks, Poncirus and Fortunella.coco Cocas
Key Araceae	Colocasia, Xanthosoma	Key Araceae: taro, colacase, cabbage, malanga
Carrot	Daucus
Igname	Diosco
Elfactory Millet	Eleusine
Strawberry	Fragaria
Sunflower	Helianthus
Barley	Hordeum
Soft Pap	Ipomoea
Gesse, Square Peas	Lathyrus
Lentils	Lens
Apple	Malus
Manioc	Manihot	Solely Manihot esculenta
Banana/plantain banana	Musa	Except Musa Textilis.
Beans	Phaseolus	Except Phaseolus polyanthus.
Pois	Pisum
Seigle	Secale
Potato Pump	Solanum	Including section Tuberosa, except Solanum phareja.
Aubergin	Solanum	Including section Melangena
Sorgho	Sorghum
Tricical	Triticosecale
Wheat	Triticum et al.	Including Agropyron Elymus and Secale.
Strike/Vesce	Vicia
Niebé et al.	Vigna
Corn	Zea	Not including Zea perennis, Zea diplopernnis and Zea Luxurians.

FORAGES
Gender	Species
LEGUMINOUS
Astragalus	Chinensis, cicer, arenarius
Canavalia	Ensiformis
Coronilla	Varia
Hedysarum	Coronarium
Lathyrus	Cicera, ciliolatus, hirsutus, ochrus, odoratus, sativus
Lespedeza	Cuneata, striata, stipulacea
Lotus corniculatus, subbiflorus, uliginosus
Lapinus	Albus, angustifolius, luteus
Medicago arborea, falcata, sativa, scutellata, rigidula, truncatula
Melilotus albus
Onobtychis viciifolia
Ornithopus	Sativus
Prosopis	Affinis, alba, chilensis, nigra, pallida
Pueraria	Phaseoloides
Trifolium	Alexandrinum, alpestre, ambiguum, angustifolium, arvense, agrocicerum, hybridum, incarnatum, pratense, repens, resupinetum, rueppellianum, semipilosum, subterraneum, vesiculosum
GRAMINEES
Andropogom	Gayanus
Agropyron	Cristatum
Agrostis	Stolonifera, tenuis
Alopecurus	Pratensis
Arrhenatherum	Elatius
Dactylis	Glomerata
Festuca	Arundinacea, gigantea, heterophylla, ovina, pratensis, rubra
Lolium	Hybridum, multiflorum, perenne, rigidum, temulentum
Phalaris	Aquatica, arundinacca
Phleum	Pratense
Poa	Alpina, annua, pratensis
Tripsacum	Laxum
FORAGES
Atriplex	Halimus, nummularia
Salsola	Vermiculata

[|APPENDIX II

PART 1. -ARBITRATION |]

Article 1.

The requesting party shall notify the Secretary that the parties refer the dispute to arbitration in accordance with Article 22. The notification shall indicate the subject matter of the arbitration, in particular the articles of the Treaty whose interpretation or application is the subject of the dispute. If the parties to the dispute do not agree on the subject matter of the dispute before the appointment of the President of the Arbitral Tribunal, the latter shall determine it. The Secretary shall forward the information thus received to all Contracting Parties to this Treaty.

Article 2

1. In the event of a dispute between two parties, the
The Arbitral Tribunal is composed of three members.

Each of the parties to the dispute shall appoint an arbitrator; the two arbitrators thus appointed shall designate by common accord the third arbitrator, who shall take over the chairmanship of the Tribunal. The latter must not be a national of one of the parties to the dispute, or have his habitual residence in the territory of one of those parties to the dispute, or be in the service of one of them, nor have already dealt with that case at Any title.

(2) In the event of a dispute between more than two Contracting Parties, the parties to the dispute having the same interest shall appoint a mutually agreed arbitrator.

3. In the event of a vacancy, the vacancy shall be filled in accordance with the procedure laid down for the initial appointment.

Article 3

If, within two months of the appointment of the second arbitrator, the President of the Arbitral Tribunal is not appointed, the Director-General of the FAO shall, at the request of a party to the dispute, make his appointment within a new time limit of two Months;

(2) If, within two months after the receipt of the request, one of the parties to the dispute has not made the appointment of an arbitrator, the other party may refer the matter to the Director-General of the FAO, who shall make the appointment within a new period of Two months.

Article 4

The arbitral tribunal shall render its decisions in accordance with the provisions of this Treaty and international law.

Article 5

Unless the parties to the dispute decide otherwise, the Tribunal shall establish its own rules of procedure.

Article 6

At the request of one of the parties to the dispute, the Arbitral Tribunal may recommend the necessary provisional measures.

Article 7

The parties to the dispute shall facilitate the work of the Arbitral Tribunal and, in particular, use all means at their disposal to:

(a) provide the Tribunal with all necessary documents, information and facilities;

(b) allow the Tribunal, if necessary, to subpoena witnesses or experts and record their testimony.

Rule 8

The parties to the dispute and the arbitrators shall be required to maintain the confidentiality of any information they obtain in confidence during the hearings of the Arbitral Tribunal.

Rule 9

Unless the Arbitral Tribunal decides otherwise on the particular circumstances of the case, the costs of the Tribunal shall be borne equally by the parties to the dispute. The Tribunal shall keep a record of all its costs and provide a final statement to the parties to the dispute.

Rule 10

Any Contracting Party having, in respect of the subject matter of the dispute, a legal interest which may be affected by the decision, may intervene in the proceedings with the consent of the Tribunal.

Rule 11

The Tribunal may know and decide on counterclaims directly related to the subject matter of the
Dispute.

Rule 12

The decisions of the Arbitral Tribunal, both procedural and substantive, shall be taken by a majority of the votes of its members.

Rule 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 ask the Tribunal to continue the proceedings and make its decision. The fact that one of the parties to the dispute did not appear before the Tribunal or refrain from asserting its rights does not preclude the proceedings. Before making its final award, the arbitral tribunal must ensure that the application is founded in fact and in law.

Rule 14

The Tribunal shall pronounce its final award no later than five months from the date on which it was created, unless it considers it necessary to extend an additional five months.

Rule 15

The final award of the Tribunal is limited to the subject matter of the dispute and is reasoned. It contains the names of the members who took part in the deliberation and the date on which it was pronounced. Any member of the Tribunal may attach a separate opinion or a dissenting opinion.

Rule 16

The award shall be binding on the parties to the dispute. It is without appeal, unless the parties have agreed in advance on an appeal process.

Rule 17

Any dispute that may arise between the parties to the dispute concerning the interpretation or enforcement of the award may be submitted by one of the parties to the dispute to the Arbitral Tribunal.

[|PART 2. -CONCILIATION |]

Article 1

A Conciliation Commission shall be established at the request of one of the parties to the dispute. Unless the parties to the dispute otherwise agree, the Commission shall be composed of five members, each Party concerned by designating two and the President shall be chosen by common accord of the members so appointed.

Article 2

In the event of a dispute between more than two Parties
Contracting Parties, the parties to the dispute having the same interest shall appoint their members of the Committee by mutual agreement. Where two parties to the dispute at least have independent interests or when they disagree on the question of whether they have the same interest, they shall appoint their members separately.

Article 3

If, within two months of the request for the establishment of a conciliation commission, not all members of the committee have been appointed by the parties to the dispute, the Director-General of FAO shall, at the request of the A dispute which has made the request, the necessary designations within a new two-month period.

Article 4

If, within two months after the last appointment of a member of the Commission, the Commission has not chosen its President, the Director-General of FAO shall, at the request of a party to the dispute, appoint the President in a new Two months.

Article 5

The Conciliation Commission shall take its decisions by a majority of its members' votes. Unless the parties to the dispute otherwise agree, it shall establish its own procedure. It shall make a proposal for a settlement of the dispute which the parties shall consider in good faith.

Article 6

In the event of disagreement over the competence of the Conciliation Commission, the Conciliation Commission shall decide whether or not it is competent.