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 ¹ , for sustainable agriculture and for food security.

1.2 These objectives are achieved through the establishment of close links between this Treaty and the Food and Agriculture Organization of the United Nations, as well as the Convention on Biological Diversity.

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

" Conservation In situ " Refers to the conservation of natural ecosystems and habitats, as well as the maintenance and rebuilding of viable species in their natural environment and, in the case of crop species, in the environment in which they have developed Their distinctive characters.

"Ex situ conservation" refers to the conservation of plant genetic resources for food and agriculture outside their natural environment.

Plant genetic resources for food and agriculture refers to genetic material of plant origin having an actual or potential value for food and agriculture.

"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.

" Collection Ex situ " Refers to a collection of plant genetic resources for food and agriculture conserved outside of their natural environment.

"Centre of origin" means a geographical area where a plant species, whether cultivated or wild, has developed its distinctive characteristics for the first time.

"Plant diversity centre" means a geographical area containing a high level of genetic diversity for species grown under conditions In situ .

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

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

5.1 Each Contracting Party, subject to its national law, and in cooperation with other Contracting Parties, as appropriate, shall promote an integrated approach to 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 state and degree of variation within existing populations, including those of potential use and, if 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 conservation In situ Wild relatives of cultivated plants and wild species for food production, including in protected areas, by supporting the efforts of local and indigenous communities;

(e)

To cooperate in order to promote the establishment of an effective and sustainable conservation system Ex situ, Paying due attention to the need for appropriate documentation, characterization, regeneration and evaluation, and promoting 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)

To monitor the maintenance of the viability, degree of variation and genetic integrity of plant genetic resource collections 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.

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)

To develop fair agricultural policies that encourage, as appropriate, the establishment and maintenance of diversified agricultural systems that promote the sustainable use of agricultural biodiversity and other natural resources;

(b)

Conduct 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 principles Ecological maintenance of soil fertility and control of disease, weeds and pests;

(c)

Promote, as appropriate, the participation of farmers, particularly in developing countries, in breeding 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 under-used, local or locally adapted species;

(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 plant breeding. 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 sale of varieties and the distribution of seed.

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

7.2 In particular, international cooperation is aimed at:

(a)

Establish or strengthen the capacity of developing countries and countries with economies in transition in the conservation and sustainable use of plant genetic resources for food and agriculture;

(b)

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

(c)

Maintain and strengthen the institutional arrangements referred to in Part V; and

(d)

Implement the funding strategy for s. 18.

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.

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 contribute to the conservation and development of plant genetic resources that form the basis of food and agricultural production worldwide.

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

(a)

Protection of traditional knowledge of relevance to plant genetic resources for food and agriculture;

(b)

The right to participate equitably in the sharing of benefits arising from the use of plant genetic resources for food and agriculture;

(c)

The right to participate in 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.

10.1 Contracting Parties in their relations with other States 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.

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 benefits arising out of their use, as described in art. 1, the Multilateral System applies to the plant genetic resources for food and agriculture listed in Annex I on the basis of the criteria for food safety and interdependence.

11.2 The Multilateral System, as described in Art. 11.1, includes all plant genetic resources for food and agriculture listed in Annex I, which are managed and administered by the Contracting Parties and are in the public domain. In order to achieve the fullest possible coverage, the Contracting Parties invite all other holders of plant genetic resources for food and agriculture listed in Annex I to incorporate these resources 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 I 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 evaluate the progress made in the inclusion in the Multilateral System of Plant Genetic Resources for Food and Agriculture referred to in Art. 11.3. Following this assessment, the Steering Body decides whether access continues to be facilitated for the natural and legal persons referred to in Art. 11.3 which have not included such plant genetic resources for food and agriculture in the Multilateral System, or if it takes such other measures as 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 collections Ex situ International Agricultural Research Centres of the Consultative Group on International Agricultural Research (CGIAR), as provided for in Art. 15.1 (a), and in other international institutions, in accordance with Art. 15.5.

12.1 Contracting Parties agree that access to plant genetic resources for food and agriculture within the Multilateral System, as defined in Art. 11 shall be carried out 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 Art. 12.4.

12.3 This access shall be granted in accordance with the following conditions:

(a)

Access shall be granted when it is for the sole purpose of 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 non-food and non-feed industrial uses. In the case of multiple-use crops (food and non-food), their inclusion in the Multilateral System and the applicability of the facilitated access regime depends on their importance to food security;

(b)

Access is granted quickly, without the need for individual follow-up, and free of charge or, where a fee 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 non-confidential shall be made available with the Plant Genetic Resources for Food and Agriculture provided;

(d)

Beneficiaries may not claim any intellectual property rights or other rights limiting access to plant genetic resources for food and agriculture or to their parts or genetic components, in the form received The Multilateral System;

(e)

Access to plant genetic resources for food and agriculture under development, including the material being developed by farmers, remains at the discretion of 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 under the Multilateral System and which are kept keep them at the disposal of the Multilateral System, in compliance The provisions of this Treaty;

(h)

Without prejudice to the other provisions of this Article, Contracting Parties agree that access to plant genetic resources for food and agriculture In situ Is granted in accordance with national law or, in the absence of such legislation, in accordance with the standards which the Governing Body may establish.

12.4 For this purpose, facilitated access, in accordance with Art. 12.2 and 12.3 above, shall be granted in accordance with a standard Material Transfer Agreement (MTA) adopted by the Governing Body, which shall incorporate the provisions of Art. 12.3 (a), (d) and (g), as well as the benefit-sharing provisions of s. 13.2 (d) (ii) and the other relevant provisions of this Treaty, as well as the provision stating that the beneficiary of plant genetic resources for food and agriculture shall require that the conditions of the MTA apply to the Transfer of 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 recourse is possible, in accordance with the jurisdictional provisions applicable, 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.

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 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 benefits from commercialization, taking into account the priority areas of the The Global Plan of Action continues and according to the guidance of the Board Director:

(a)

Exchange of information

The Contracting Parties agree to make available information which includes, inter alia, catalogues and inventories, information on technologies and the results of technical, scientific and socio-economic research, 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. Such information shall be made available to all Contracting Parties to this Treaty through the information system, as provided for in Art. 17.

(b)

Access to technology and technology transfer

(i)

Contracting Parties undertake to grant and/or facilitate access to technologies for the conservation, characterisation, 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 accord 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 Art. 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 of technology to countries, in particular to developing countries and countries in transition, is ensured through a series of measures such as the creation and operation of thematic groups by crop plants On the use of plant genetic resources for food and agriculture and participation in these groups, all types of partnerships for research and development and joint commercial enterprises related to equipment Received, human resources development and effective access to facilities Research.

(iii)

Access to technologies, including technologies protected by intellectual property rights, and their transfer, as indicated in paras. (i) and (ii) above, to developing countries that are Contracting Parties, in particular least developed countries and countries with economies in transition, are insured and/or facilitated under just and favourable conditions, in particular in the case of Technologies used for conservation purposes, as well as technologies for farmers in developing countries, particularly the least developed countries and countries in transition, including favourable conditions and Preference, if so mutually agreed, in particular through partnerships of Research and development within 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 transition, as reflected in their priority for capacity-building in plant genetic resources for food and agriculture in their plans And programmes, where they exist, for the plant genetic resources for food and agriculture covered by the Multilateral System, the Contracting Parties agree to give priority to

(i)

The establishment and/or strengthening of scientific and technical education and training programmes for 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 plant genetic resources for food and agriculture, in particular in developing countries and countries in transition, and

(iii)

Scientific research preferably conducted and, where possible, in developing countries and countries in transition, in cooperation with the institutions of these countries, as well as the development of the capacity to conduct such research in the Areas where they are needed.

(d)

Sharing monetary and other benefits arising from commercialis A Tion

(i)

The Contracting Parties agree, within the framework of the Multilateral System, to take measures to ensure the sharing of commercial benefits, through the involvement of the private and public sectors in the activities identified in this Article, Through partnerships and collaborations, including with the private sector in developing countries and countries in transition for research and technology development;

(ii)

The Contracting Parties agree that the Model Material Transfer Agreement (MTA) referred to in Art. 12.4 shall contain a provision in respect of which a beneficiary marketing a product which is a plant genetic resource for food and agriculture and incorporates material to which the beneficiary has had access through the Multilateral system is required to provide the mechanism referred to in s. 19.3 (f) a fair share of the benefits arising from the marketing of this product, except where this product is available without restriction for other 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 Governing 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 The Contracting Parties agree that the benefits arising from the use of plant genetic resources for food and agriculture shared under the Multilateral System shall converge first, directly and Indirectly, to farmers in all countries, particularly developing countries and countries with economies in transition, that conserve and sustainably use plant genetic resources for food and agriculture.

13.4 At its first meeting, the Steering Body shall analyse a policy and relevant criteria for the provision of specific assistance under the agreed financing strategy established in Art. 18, for the conservation of plant genetic resources for food and agriculture in developing countries and in countries in transition, including the contribution to the diversity of plant genetic resources for food and Agriculture included in the Multilateral System is important and/or has 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 Funding strategy under s. 18.

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

Recognizing that the evolving Global Plan of Action for the Conservation and Sustainable Use of Plant Genetic Resources for Food and Agriculture is of importance to this Treaty, Contracting Parties should Promote good implementation, including through national actions and, as appropriate, through international cooperation in order to provide a coherent framework, in particular for capacity-building, for the transfer of Technologies and the exchange of information, subject to the provisions of Art. 13.

15.1 Contracting Parties recognize the importance to this Treaty of the collections Ex situ 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). Contracting Parties urge IARCs to sign agreements with the Steering Body on collections Ex situ , according to 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 Art. 12 and 13, and the following conditions:

(i)

IARCs shall periodically inform the Steering Body of MTAs entered into, in accordance with a timetable to be established by the Steering Body;

(ii)

Contracting Parties in whose territory genetic resources for food and agriculture have been collected In situ , receive samples of these plant genetic resources for food and agriculture upon request, without MTA;

(iii)

The benefits stipulated in the above MTA, which go to the mechanism referred to in s. 19.3 (f) are applied in particular to the conservation and sustainable use of plant genetic resources for food and agriculture in question, in particular in the national and regional programmes of developing countries and countries In transition, 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 recognize the power of the Governing Body to provide general information on collections Ex situ They hold and are subject to the provisions of this Treaty.

(d)

Scientific and technical facilities in which these collections Ex situ Remain under the authority of IARCs, who are committed to managing and administering these collections Ex situ In accordance with internationally accepted standards, including standards for gene banks, as approved by the FAO Commission on Genetic Resources for Food and Agriculture.

(e)

At the request of an IARC, the Secretary shall endeavour to provide appropriate technical support.

(f)

The Secretary shall, at any time, have the right to access the facilities and the right to inspect all activities directly related to the conservation and exchange of the material covered by this Article.

(g)

If the proper conservation of these collections Ex situ Detained by IARCs shall be prevented or threatened by any event, including force majeure, the Secretary, with the agreement of the host country, shall assist in their evacuation or transfer to the extent possible.

15.2 The Contracting Parties agree to grant ease of access to the plant genetic resources for food and agriculture included in Annex I under the Multilateral System to IARCs of the CGIAR which have signed agreements with The Governing Body in accordance with this Treaty. These centres are listed 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 shall be received and maintained by IARCs after the entry into force of this Treaty, shall be accessible on terms consistent with those mutually agreed upon between IARCs receiving the The material and country of origin of those resources or the country that acquired those resources in accordance with the Convention on Biological Diversity ¹ Or other applicable legislation.

15.4 Contracting Parties are encouraged to grant to IARCs that have signed agreements with the Governing Body, access to plant genetic resources for food and plant agriculture on mutually agreed terms Crops not listed in Appendix I that are important to IARCs programs and activities.

15.5 The Steering Body shall also endeavour to establish agreements for the purposes indicated in this article with other relevant international institutions.

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, of 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.

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 ¹ .

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 issued for the purpose of safeguarding the Genetic material.

17.3 The Contracting Parties shall cooperate with the FAO Commission on Genetic Resources for Food and Agriculture in its regular reassessment of the state of plant genetic resources for food and agriculture in the world In order to facilitate the updating of the evolving Global Plan of Action under Art. 14.

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 funding strategy are to enhance the availability, transparency, efficiency and effectiveness of the provision of financial resources for the implementation of activities under this Treaty.

18.3 In order to mobilize funds for priority activities, plans and programmes, in particular for developing countries and countries in transition, and taking into account the Global Plan of Action, the Steering Body periodically establishes A funding objective.

18.4 In accordance with this funding strategy:

(a)

The Contracting Parties shall take the necessary and appropriate measures, within the framework of the governing bodies of the relevant international mechanisms, funds and bodies, to ensure that priority and attention are given to the allocation And agreed to the implementation of the plans and programmes covered by this Treaty.

(b)

The extent to which Contracting Parties which are developing countries and Contracting Parties in transition effectively fulfil their obligations under this Treaty depends on the effective allocation, in particular of the Contracting Parties which are developed countries, 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 include the mechanism referred to in s. 19.3 (f).

(d)

Each Contracting Party undertakes to undertake national activities for the conservation and sustainable use of plant genetic resources for food and agriculture and to allocate financial resources according to its Capacity and its financial resources. 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 s. 13.2 d) are part of the funding strategy.

(f)

Voluntary contributions may also be provided by the Contracting Parties, the private sector, subject to the provisions of Art. 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 shall be 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.

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 Art. 23 and 24, for which consensus still remains necessary.

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 monitoring and adopting 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)

To adopt at its first session and to periodically review the financing strategy for the implementation of this Treaty, in accordance with the provisions of Art. 18;

(d)

To 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 purposes of the implementation of this Treaty;

(g)

Establish and maintain cooperation with other relevant international organizations and treaty bodies, including the Conference of the Parties to the Convention on Biological Diversity ¹ 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 Art. 23;

(i)

To consider and adopt, as appropriate, amendments to the Annexes to this Treaty in accordance with the provisions of Art. 24;

(j)

Consider the modalities of a strategy to encourage voluntary contributions and, in particular, art. 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 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 on matters relating to the implementation of this Treaty; and

(n)

Approve the terms of the agreements with IARCs and other international institutions referred to in s. 15, and to review and amend the ATM referred to in s. 15.

19.4 Subject to s. 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 Steering Body.

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

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

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

19.9 The Governing Body shall hold regular 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 Steering Body shall elect the President and the Vice-Presidents (collectively the " Bureau), in accordance with its rules of procedure.

20.1 The Secretary of the Governing Body shall be 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 following functions:

(a)

Organize sessions of the Steering Body and subsidiary bodies that could be established and provide 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 Steering Body;

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 shall provide documentation for the sessions of the Steering Body in the six languages of the United Nations.

20.5 The Secretary shall cooperate with other treaty bodies and bodies, including the Secretariat of the Convention on Biological Diversity ¹ , in order to achieve the objectives of this Treaty.

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 and provision of advice or assistance, in particular legal, as appropriate, particularly in favour of developing countries and countries in transition.

22.1 In the event of a dispute between Contracting Parties concerning the interpretation or application of this Treaty, the parties concerned shall seek solutions by negotiation.

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

22.3 At the time of ratification, acceptance or approval of this Treaty, or accession, and at any time thereafter, any Contracting Party may declare in writing to the Depositary that, in the case of a dispute that has not been settled Pursuant to s. 22.1 or 22.2 above, it agrees to consider either or both of the following methods of settlement as mandatory:

(a)

Arbitration in accordance with the procedure set out 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 have not accepted the same procedure or procedure in accordance with Art. 22.3 above, the dispute shall be subject to conciliation in accordance with Part 2 of Annex II to this Treaty, unless the parties agree otherwise.

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 any proposed 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 shall 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 the 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 Organization Member of the FAO is not considered to be in addition to the instruments deposited by the Member States of that Organization.

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 s. 23 concerning the amendments to this Treaty shall apply to the amendment of the Annexes.

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.

This Treaty shall be subject to ratification, acceptance or approval by Members and not Members of the FAO referred to in Art. 25. Instruments of ratification, acceptance or approval shall be deposited with the Depositary.

This Treaty shall be open for accession by all Members of the FAO and all States which, although not Members of FAO, are members of the United Nations, one of its specialized agencies or of 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.

28.1 Subject to the provisions of s. 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 on condition that at least twenty instruments of ratification, Of 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 United Nations, one of its specialized agencies or the International Atomic Energy Agency that ratifies, accepts And approves this Treaty, or accedes thereto, after the deposit, in accordance with Art. 28.1, of the fortieth instrument of ratification, acceptance, approval or accession, the Treaty shall enter into force from the ninetieth day after the deposit of its instrument of ratification, acceptance, approval or accession.

29.1 When an Organization Member of the FAO deposits an instrument of ratification, acceptance, approval or accession for this Treaty, the Member Organization shall, in accordance with the provisions of Art. II, para. 7 of the Constitution of the FAO, notify any change concerning the allocation of powers to the declaration of competence which it has submitted under Art. II, para. 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 Any question referred to in this Treaty. The Member Organization shall provide such information within a reasonable period of time.

29.2 Instruments of ratification, acceptance, approval, accession or denunciation by an Organization 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.

No reservations may be made to this Treaty.

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.

32.1 Each Contracting Party may at any time, past 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.

33.1 This Treaty shall automatically lapse if and at the time when, as a result of denunciations, 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.

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

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

(Suivent signatures)