Highlights and images for 13 July 2023

Deliberations continued on different elements of the access and benefit-sharing (ABS) conundrum, drawing from the history of the Working Group’s negotiations as well as from recent developments in other relevant fora. Delegates revisited old debates: is the expansion of Annex I required to attract users and thus improve benefit flows to achieve the Treaty’s objectives? How will the legal challenges of an amendment of the Treaty be addressed? How is expansion linked to a subscription system for access to crops in the Treaty’s Multilateral System (MLS) of ABS, enforced through a revised Standard Material Transfer Agreement (SMTA)?

Delegates underscored that expansion should be considered in conjunction with improved benefit-sharing. Several regions called for the Co-Chairs’ proposal to list different options for expansion, for consideration by the Governing Body at its tenth session. Some highlighted tensions between intellectual property rights, access to MLS material, and farmers’ rights. Another region noted the need to consider the link between patents and compulsory benefit-sharing payments under the current SMTA.

Discussion also addressed the need to clarify the rationale for expanding Annex I: is it for the sake of increasing monetary benefit-sharing, in which case crops with demonstrated commercial value should be included; or is it for the sake of global food security, in which case a long list of crops of interest for public research and development but without commercial value should be prioritized?

In the afternoon, discussion continued in an informal setting under Chatham House rules, to allow for a frank exchange of views on the way forward. Delegates used elements of the June 2019 package as a starting point, including:

• expansion of Annex I through an amendment to the Treaty, thus requiring ratification;
• possibility for parties to make reasoned exemptions regarding a limited number of native species;
• elements related to the Benefit-sharing Fund (BSF), such as the privileged flow of BSF funds to parties that have ratified the amendment and the exclusion of exempted species from funding; and
• elements related to progress review, such as regular reporting on ratifications.

Discussions focused on practical and legal complexities related to the Treaty’s amendment and ratification, and the need for awareness and incentives for ratification.

Both in the formal and informal setting, delegates also addressed the benefit-sharing payment structure and rates. Many expressed their preference for a single subscription system for access to MLS material in the draft revised SMTA. Others stressed the need to maintain an option for single access without subscription. Delegates debated whether the attractiveness and effectiveness of the MLS depends on having multiple options for access, or on appropriate subscription fees and exemptions based on thresholds.

Questions related to digital sequence information (DSI) also resurfaced. Positions remained divided on whether DSI falls within the scope of the Treaty, whether its use should give rise to mandatory benefit-sharing, and whether a definition of DSI is needed before policy action continues.

The Working Group will meet on Friday, 14 June 2023, for its final day of deliberations and adoption of the report of the meeting.