The Use of GM Crops in Developing Countries
The International Treaty on Plant Genetic Resources for Food and Agriculture
5.11 The International Treaty on Plant Genetic Resources for Food and Agriculture (henceforth: the Treaty) was unanimously adopted by members of the FAO’s Conference of November 2001.6 The objectives of the Treaty are the conservation and sustainable use of plant genetic resources, and the fair and equitable sharing of benefits derived from their use, so as to promote sustainable agriculture and food security. ‘Plant genetic resources’ are defined as ‘any genetic material of plant origin of actual or potential value for food and agriculture’.
5.12 The exchange of plant genetic resources is indispensable for research and development of improved crops. Over recent decades, it has become increasingly common for the exchange of resources used for academic or commercial research to be covered by material transfer agreements (MTAs, see paragraphs 3.47 and 6.3-6.4). The new Treaty will establish a multilateral system for access and benefit-sharing for 33 important crops that are under the management and control of the Contracting Parties and in the public domain (Article 11.1 and Annex 1).
5.13 To facilitate access to these plant genetic resources, a standard MTA will be established, setting out the terms and conditions under which the resources can be used, for instance, ‘solely for the purpose of utilisation and conservation for research, breeding and training for food and agriculture’ (not, for example, for pharmaceutical use). The MTA will also require the sharing of benefits relating to information, technology, strengthening of expertise and monetary benefits, arising from the use of the resources covered by the Treaty (Section 12.4 and 13.2.d). Article 13.2.d(ii) requires that a recipient who commercialises a product that involves material accessed through the multilateral system, shall pay ‘an equitable share of the benefits arising from the commercialisation of that product’ into a fund established by the Treaty unless access to the commercialised product is not restricted (for instance, by a patent), in which case payment is merely encouraged.
5.14 Article 13.2.d(ii) also provides that the Treaty’s Governing Body, which consists of those countries which have ratified the Treaty, shall determine at its first meeting the level, form and manner of the payment, in line with commercial practice. The Governing Body may decide to establish different levels of payment for various categories of recipients who commercialise such products. It may also choose to exempt from such payments small-scale farmers in developing countries and in countries with economies in transition. Levels of payment are to be reviewed from time to time, as well as provisions which concern the question of whether benefit-sharing should also be mandatory where access to the product is not restricted. The Treaty has been signed by 78 members and non-members of the FAO. At the time of publication, fourteen countries have ratified the Treaty. It is due to enter into force 90 days after ratification by 40 governments.
5.15 We welcome the recent decision by the UK Government to ratify the International Treaty on Plant Genetic Resources for Food and Agriculture. Access to resources falling under the Treaty is of crucial importance in the development of crops suited to developing countries.
We recommend that in the negotiations regarding the standard Material Transfer Agreement (MTA), the UK Government aims for provisions that exempt users in developing countries from payments, where commercial applications arise from material covered by the MTA. Where exemptions are not appropriate, differentiation of payments should take into account the level of development of the country in question.
Footnotes6 See Commission on Genetic Resources for Food and Agriculture The International Treaty on Plant Genetic Resources for Food and Agriculture. Available: http://www.fao.org/ag/cgrfa/itpgr.htm. Accessed on: 18 May 2003.