Notice
The International Treaty is internationally recognized as a special agreement on ABS. Therefore, the Nagoya Protocol does not apply to plant genetic resources in the Multilateral System of the Treaty. In other words, recipients of material from the MLS do not have to negotiate Mutually Agreed Terms on access, use and benefit-sharing with the country of origin, as would be the case under the Nagoya Protocol. By signing the Standard Material Transfer Agreement (SMTA), they undertake to comply with the conditions set out therein.
Plant genetic resources not listed in Annex I of the International Treaty can also be made available with SMTA, including an explanatory footnote, under the terms of the MLS of the Treaty. In this case, the use of the SMTA fulfils the due diligence requirement of EU ABS Regulation 511/2014.