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12th Meeting of the Ad Hoc Open ended Working Group to Enhance the Functioning of the ITPGRFA Multilateral System

16–19 September 2024 | Headquarters of the Food and Agriculture Organization of the UN (FAO), Rome, Italy

International Treaty on Plant Genetic Resources for Food and Agriculture – ITPGRFA

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Negotiations on enhancing the Multilateral System of access and benefit-sharing may have a breakthrough in sight: a new compromise proposal to establish a subscription mechanism with two alternative triggers for mandatory monetary benefit-sharing: early payment upon registration or deferred payment upon commercialization.

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The greater the diversity of crops and seeds in our global food basket, the stronger the foundation of our food and nutrition security. Throughout agricultural history, farmers have been leading efforts to develop and save crop diversity, increasing resilience to pests and diseases and ensuring adaptation of food production to climate change.

The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) recognizes the enormous contribution of farmers to sustainable agriculture and global food security. It established a Multilateral System (MLS) of access and benefit-sharing (ABS) through a Standard Material Transfer Agreement (SMTA). This system provides farmers, plant breeders, and scientists with access to plant genetic resources that are considered vital for food security (Annex I of the Treaty). It also aims to ensure that recipients share the benefits they derive from the use of these genetic resources.

However, a set of challenges have arisen with regard to the ability of the MLS to generate and share monetary benefits. Thus, a Working Group was established in 2013 with the task to enhance the functioning of the MLS. The Working Group conducted negotiations for six years (2013-2019), with focus on revising the SMTA and amending the list of crops in Annex I of the Treaty.

At its ninth meeting in 2019, the Working Group reached a tentative compromise to amend Annex I to include all plant genetic resources for food and agriculture under the management and control of parties and in the public domain, in ex situ conditions, while allowing for reasoned national exemptions for a limited number of native species. Negotiations on the draft revised SMTA, however, were not concluded, with benefit-sharing from the use of digital sequence information (DSI – a term referring to the digitized information content of plant genetic resources) and the rates for benefit-sharing payments as the main outstanding issues. The negotiations were terminated at the eighth session of the Treaty’s Governing Body in November 2019, when delegates could not reach agreement on the package of measures to enhance the functioning of the MLS or to continue intersessional work. Benefit-sharing from the use of DSI was identified as the deal-breaker.

At its ninth meeting in 2022, the Governing Body decided to relaunch negotiations and appointed Sunil Archak (India) and Michael Ryan (Australia) as Working Group Co-Chairs.  At its tenth session in July 2023, the Governing Body endorsed the suggestion of the Working Group to work on the basis of the “June 2019 draft package,” which includes a draft revised SMTA, draft amendment of Annex I, and draft resolution on implementing the enhancement of the MLS. It also requested the Co-Chairs to give early attention to the three identified “hotspots”: DSI/genetic sequence data; expansion of Annex I; and payment structure and rates. The eleventh meeting of the Working Group had a frank exchange of views and improved understanding of positions on the three identified “hotspots,” paving the way for text-based negotiations to begin at the 12th meeting.

The 12th meeting of the Working Group convened from 16-19 September 2024, in Rome, Italy. It was composed of spokespersons from the regions of the Food and Agriculture Organization of the UN, including Africa, Europe, Asia, Latin America and the Caribbean, Near East, North America, and South West Pacific, as well as from civil society, the seed industry, farmers’ organizations, and research and academia, including the CGIAR Consortium.

The Earth Negotiations Bulletin (ENB) writers for this meeting were Elsa Tsioumani, Ph.D.; Jennifer Bansard; and Mike Muzurakis. The Digital Editor was Mika Schröder, Ph.D. The Editor was Pam Chasek, Ph.D.

View past and future events

Past event

2nd ITPGR High-level Round Table

Past event

1st Meeting of the CGRFA acting as the Interim Committee for the International Treaty on Plant Genetic Resources for Food and Agriculture

Past event

ITPGRFA GB 6 Information Events: Outcomes of the Intersessional Working Group on the MLS, and Farmers’ Rights

Past event

6th Session of the Governing Body (GB 6) of the ITPGRFA

Past event

7th Session of the Governing Body of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA GB 7)

Past event

8th Meeting of the Ad Hoc Open-ended Working Group to Enhance the Functioning of the Multilateral System of Access and Benefit-sharing (OWG-EFMLS-8) of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA)

Past event

9th Meeting of the Ad Hoc Open-ended Working Group to Enhance the Functioning of the Multilateral System of Access and Benefit-sharing (OWG-EFMLS-9) of the International Treaty on Plant Genetic Resources for Food and Agriculture

Past event

Resumed 9th Meeting of the Ad Hoc Open-ended Working Group to Enhance the Functioning of the Multilateral System of Access and Benefit-sharing (OWG-EFMLS-9) of the International Treaty on Plant Genetic Resources for Food and Agriculture

Past event

8th Session of the Governing Body of the International Treaty on Plant Genetic Resources for Food and Agriculture

Past event

1st Special Session of the ITPGRFA Governing Body

Past event

9th Session of the ITPGRFA Governing Body

Past event

10th Meeting of the Ad Hoc Open ended Working Group to Enhance the Functioning of the ITPGRFA Multilateral System

Past event

10th Session of the ITPGRFA Governing Body

Past event

11th Meeting of the Ad Hoc Open ended Working Group to Enhance the Functioning of the ITPGRFA Multilateral System

Past event

12th Meeting of the Ad Hoc Open ended Working Group to Enhance the Functioning of the ITPGRFA Multilateral System

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