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The Contracting Parties to the International Treaty on Plant Genetic Resources for Food and Agriculture have adopted a Multilateral System of Access and Benefit Sharing (MLS). The MLS allows for facilitated access to plant genetic resources for research, breeding and training for food and agriculture. Recipients of material from the MLS sign a standardized Standard Material Transfer Agreement (SMTA) that specifies the conditions for use and benefit sharing.
The multilateral system includes 64 major food crops and forages (see Annex I of the International Treaty). It includes plant material that is under the management and control of the Contracting Parties and in the public domain (e.g. in national or regional gene banks). Furthermore, it includes genetic resources located in the global ex situ collections of CGIAR research centres and in other international institutions that have signed agreements under article 15 of the International Treaty. The Treaty also calls on Contracting Parties to encourage natural and legal persons holding plant genetic resources (including private owners) to make include material in the MLS.
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.
Payments resulting from the Plant Treaty and its SMTA are made available to a benefit-sharing fund, which is administered in trust by the United Nations Food and Agriculture Organisation (FAO). The income is dedicated to fund projects for the conservation and sustainable use of plant genetic resources in developing countries.
Dr. Imke Thormann
+49 (0) 228 6845 - 3438
Email: Imke.Thormann(at)ble(dot)de
Marliese von den Driesch
+49 (0) 228 6845 - 3241
Email: Marliese.vondenDriesch(at)ble(dot)de
Federal Office for Agriculture
and Food
Unit 331
Deichmanns Aue 29
D-53179 Bonn