IISD Reporting Services, through its Earth Negotiations Bulletin (ENB) Meeting Coverage, provided daily web coverage and a summary and analysis report from OWG-EFMLS-9, which is now available in HTML and PDF.

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+ Visit the web coverage for Friday, 21 June 2019

From L-R: Alwin Kopse; Marliese von den Driesch; and Imke Thormann, Europe

José Valls and Renata Negrelly Nogueira, Latin America and the Caribbean

Hans Hoogeveen, Working Group Co-Chair

Alwin Kopse, Europe

Imke Thormann, Europe

Emily Carroll, South West Pacific

Akio Yamamoto, Asia

Teresa Agüero Teare, Latin America and the Caribbean

Highlights for Thursday, 20 June 2019

On Thursday, the Ad Hoc Open-ended Working Group to Enhance the Functioning of the Multilateral System (MLS) of access and benefit-sharing (ABS) of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) met in morning, afternoon, and evening sessions. Delegates reached tentative consensus on amending Annex I of the Treaty (list of crops in the MLS), pending consultation with capitals; and on a package of measures that simultaneously adopts the revised Standard Material Transfer Agreement (SMTA) and the amendment of Annex I. Negotiations on the specific provisions of the draft revised SMTA continued into the night in the Friends of the Co-Chairs' group.

With regard to the amendment of Annex I, the Working Group addressed a Co-Chairs’ proposal for compromise text, which:

• covers all plant genetic resources for food and agriculture (PGRFA) under the management and control of parties, in the public domain and in ex situ conditions; and
• allows parties to make declarations that they will not provide facilitated access to a limited number of species that are native to their territories.

Following negotiations on the possibility for national exemptions, tentative agreement was reached to state that:

• a party may, exceptionally, declare a certain and limited number of species native to its territory that it will not include in the MLS;
• such a declaration shall not affect the rights and obligations of any other party related to the species, nor shall it affect the inclusion of species in the MLS by international institutions that concluded Article 15 agreements with the Governing Body; and
• a party may withdraw its declaration at any time but shall not make any additional declaration.

The resolution will further:

• call on parties to exercise restraint in using exemptions and include an indicative list of reasons;
• providing for a review of exemptions by the Governing Body in 2025; and
• recommend that the criteria for disbursement under the Benefit-sharing Fund (BSF) will prioritize parties who have not excluded material under the amended Annex I, proportionate to the amount of exclusions.

With regard to the package of measures that simultaneously adopts the revised SMTA and the amendment of Annex I, the Working Group negotiated and eventually agreed to a Co-Chairs' proposal, as amended, noting that, in case the amendment of Annex I does not enter into force by 2025:

• payments in case of commercialization of products made available without restriction would become voluntary again, until the entry into force of the amendment;
• the registration to the subscription system will be suspended until entry into force;
• subscribers may opt to revert to the single access system, and the amounts paid shall be credited, or may voluntarily continue their subscription for a total of ten years from its starting date; and
• 50% of the income paid into the BSF will support projects in parties that have ratified the amendment, with the remaining released after the amendment enters into force.

Negotiations on the text of the draft revised SMTA continued into the night, addressing, among other issues, rights and obligations of the recipient of the MLS material.

Nestor Altoveros, Asia, with José Valls, Latin America and the Caribbean

Sunil Archak, Asia, and Pierre du Plessis, Africa

Axel Diederichsen, North America, and Pierre du Plessis, Africa

John Wasswa Mulumba, Africa, and Nestor Altoveros, Asia

Highlights for Wednesday, 19 June 2019

On Wednesday, the Ad Hoc Open-ended Working Group to Enhance the Functioning of the Multilateral System (MLS) of access and benefit-sharing (ABS) of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) met in morning, afternoon, and evening sessions. Delegates continued negotiations on the draft revised Standard Material Transfer Agreement (SMTA). They also discussed options for amending Annex I of the Treaty (list of crops in the MLS), and genetic sequence data associated with plant genetic resources for food and agriculture (PGRFA). The evening session focused on two main elements for a compromise: the package of measures that simultaneously adopts the revised SMTA and the amendment of Annex I of the Treaty; and the rates of benefit-sharing payments under the revised SMTA.

Negotiations on amending Annex I of the Treaty addressed:

• the proposal by the government of Switzerland made to expand coverage to all PGRFA;
• additional text proposed by Africa with regard to the Swiss proposal, regarding measures to ensure that annual user-based payments to the Benefit-sharing Fund (BSF) equal 0.3% of total global seed sales and such income has accrued to the BSF for three years;
• a statement by Latin America and the Caribbean to limit the expanded coverage to ex situ PGRFA;
• proposals to allow for limited exemptions of species from inclusion in the MLS; and
• a proposal by India to draft a comprehensive list of species for the purpose of expanding the MLS.

Negotiations on genetic sequence data or digital sequence information revealed well-known frictions regarding:

• whether such data or information falls within or outside the Treaty's scope;
• linkages with ongoing discussions in related fora;
• challenges for fair and equitable benefit-sharing; and
• privatization of such data or information.

Negotiations on the draft revised SMTA addressed, among other issues:

• exemptions from benefit-sharing payments;
• benefit-sharing payments by developing country entities;
• intellectual property rights (IPRs) on MLS material or its genetic parts or components and impact on farmers' rights;
• transfers of PGRFA under development;
• provision of information that results from research and development on MLS material; and
• transfers of IPRs and benefit-sharing obligations.

In the evening, the Working Group addressed a revised Co-Chairs' proposal for compromise text on a package of measures that simultaneously adopts the revised SMTA and the amendment of Annex I, including elements for a resolution related to the package of measures, and elements for the revised SMTA, with a suggestion for a transitional phase in case the amendment of Annex I of the Treaty does not come into force by 31 July 2025 providing for:

• voluntary payments under the single access system;
• closing the subscription system; and
• giving the option to the subscribers to either terminate their subscription and revert to the single access system or voluntarily continue their subscriptions for a total of ten years.

Akio Yamamoto, Asia

Manrique Lucio Altavista and José Valls, Latin America and the Caribbean

Sunil Archak and Puji Lestari, Asia

Ali Chehade, Near East

Highlights for Tuesday, 18 June 2019

On Tuesday, the Ad Hoc Open-ended Working Group to Enhance the Functioning of the Multilateral System (MLS) of access and benefit-sharing (ABS) of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) continued negotiations on the draft revised Standard Material Transfer Agreement (SMTA). Participants also deliberated on a new Co-Chairs' proposal on a package of measures to simultaneously adopt the revised SMTA and the amendment of Annex I of the Treaty (list of crops in the MLS). A Friends of the Co-Chairs group was established, which will aim to find compromise on outstanding matters following each day's deliberations.

Negotiations on the draft revised SMTA focused on the subscription system, including:

• monetary benefit-sharing under the subscription system, including options regarding a single rate of payments or differentiated rates depending on whether products of plant genetic resources for food and agriculture are available with or without restriction for further research and breeding;
• withdrawal from the subscription, including consequences regarding the material acquired through the MLS, a timeframe for termination of monetary benefit-sharing obligations, and consequences of a material breach of any of the obligations by the subscriber; and
• the registration form for the subscription system.

The Working Group also addressed SMTA provisions on definitions, withdrawal from the agreement, and dispute settlement.  

The Working Group further discussed a new Co-Chairs' proposal on a package of measures through a resolution that simultaneously adopts the revised SMTA and the amendment of Annex I of the Treaty, including elements on:

• entry into force of the revised SMTA in July 2020;
• application of the subscription system to current Annex I, until entry into force of the amendment;
• entry into force of the amendment after ratification by two-thirds of parties (96 ratifications); and
• termination of the subscription system if the number of ratifications required has not been attained by 2025, with subscriptions reverting to the single access system under the revised SMTA unless the Governing Body decides otherwise.

Discussion focused on the consequences of a possible failure to attain 96 ratifications of the amendment of Annex I of the Treaty by 2025. A revised Co-Chairs' proposal will be presented on Wednesday.

José Valls, Latin America and the Caribbean

Sunil Archak, Asia

Neha Lugo and Catherine Karr-Colque, North America

Sunil Archak and Akio Yamamoto, Asia

Highlights for Monday, 17 June 2019

On Monday, the Ad Hoc Open-ended Working Group to Enhance the Functioning of the Multilateral System (MLS) of access and benefit-sharing (ABS) of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) addressed organizational matters, heard reports, and exchanged views on a package of measures to attain the enhanced MLS, proposed by Co-Chairs Javad Mozafari (Iran) and Hans Hoogeveen (the Netherlands). In the afternoon, participants initiated negotiations on the draft revised Standard Material Transfer Agreement (SMTA).

In the morning, the Working Group discussed:

• a report on the outcomes of the eleventh meeting of the Ad Hoc Advisory Committee on the Funding Strategy and Resource Mobilization, including targets of the Funding Strategy and the Benefit-sharing Fund; and
• a report on sales within the global seed sector, including companies' profile, and an analysis of sales and profitability by company and crop type.

In the afternoon, the Working Group addressed a proposal by the Co-Chairs, containing a package of measures to simultaneously adopt the revised SMTA and the amendment of Annex 1 of the Treaty (list of crops in the MLS) through a resolution providing for:

• entry into force of the revised SMTA in January 2020;
• application of the subscription system to current Annex 1 until entry into force of its amendment following ratification by two-thirds of the parties;
• application of the subscription system to the amended Annex 1 after entry into force of the amendment; and
• an inbuilt review for the enhancement of the MLS, including a Governing Body decision on next steps if there are not enough ratifications by January 2025.

A revised Co-Chairs' proposal will be presented on Tuesday.

The Working Group then initiated negotiations on the Co-Chairs' proposed draft revised SMTA (IT/OWG-EFMLS-9/19/4 Add.1), starting from Annex 3 on terms and conditions of the subscription system.

Pierre du Plessis, Africa

José Valls, Latin America and the Caribbean