C 2003/INF/10

Conference

Table of Contents

Introduction

First Meeting of the Commission on Genetic Resources for Food and Agriculture, acting as Interim Committee For the International Treaty

Status of signature and ratification of the International Treaty

Appendix I: Status of signature and ratification of the International Treaty (as at 25 September 2003)

Introduction

1. The International Treaty on Plant Genetic Resources for Food and Agriculture was approved by the FAO Conference at its Thirty-first Session in November 2001, through Resolution 3/2001, in accordance with Article XIV of the FAO Constitution. The Resolution requested the Commission on Genetic Resources for Food and Agriculture to act as Interim Committee for the Treaty and to undertake a number of tasks in preparation for its entry into force. It requested the Director-General to convene the first meeting of the Interim Committee in 2002 and subsequent meetings of the Interim Committee as necessary, in the framework of meetings of the Commission,¹ and subject to the availability of necessary resources.

2. This document provides information on actions taken in response to the decision of the Conference, and on the status of ratification of the Treaty.

Meetings of the Commission on Genetic Resources for Food and Agriculture, acting as Interim Committee for the International Treaty

3. As foreseen by the Conference, the First Meeting of the Interim Committee was held from 9-11 October 2002, immediately preceding the Ninth Regular Session of the Commission.² This was made possible through the use of extra-budgetary resources that remained at the end of the process of the negotiation of the Treaty. The Interim Committee reviewed the status of signature and ratification; recognized the importance of assisting developing countries and countries with economies in transition in the preparation of national legislation to implement the Treaty; called on FAO to give priority consideration to such requests; and appealed for donors to support such work. As foreseen in the Resolution, the Interim Committee adopted its Rules of Procedure.³ The Interim Committee then discussed the elements of its Work Programme and Budget for 2003 and 2004.

4. As foreseen in the Resolution, the Interim Committee established an Expert Group on the Terms of the Standard Material Transfer Agreement provided for in Article 12.4 of the International Treaty, and adopted its terms of reference.⁴ The Expert Group “shall comprise 24 members, as follows: four members each from Europe, Africa, Asia, Latin America and Caribbean, and the Near East, and two members each from North America and South West Pacific. Each region will appoint, in addition, an equivalent number of advisors to the members of the Expert Group”. The Interim Committee requested the regions to nominate their experts before the end of the year 2002: at the time of preparing this report,⁵ however, not all the regions had yet done so.

5. The Interim Committee also decided to establish an Open-Ended Expert Working Group to prepare the draft Rules of Procedure and the Financial Rules for the Governing Body, and procedures to promote compliance with the Treaty. It requested the Director-General to collect countries’ views on compliance. He therefore invited Members to submit their views on this matter,⁶ and, as requested by the Interim Committee, countries’ submissions will be placed on the FAO Internet web-site and the Secretariat will compile and analyse the replies, as the basis for the Working Group’s deliberations on this question.

6. It was decided that the Second Meeting of the Commission acting as Interim Committee for the Treaty should be held before the end of 2004, as soon as possible after the meetings of the Expert Group on the Terms of the Standard Material Transfer Agreement, and the Open-Ended Expert Working Group to prepare the draft Rules of Procedure and the Financial Rules for the Governing Body. The Interim Committee postponed consideration of three other matters until its second session: consultation with the International Agricultural Research Centres and other relevant international institutions on the agreements to be signed with the Governing Body, in accordance with Article 15 of the Treaty; initiation of cooperation with the Convention on Biological Diversity and other relevant international organizations and treaty bodies; and the Funding Strategy for the implementation of the Treaty.

7. Following its decisions on individual elements of its Work Programme for 2003 and 2004, the Interim Committee took note of the Consolidated Work Programme and Indicative Budget, for a total of US$ 2,886,965;⁷ this comprises US$ 2,284,565 for the first meeting of each working group and the Second Meeting of the Interim Committee covered in paragraphs 4, 5 and 6 above and incremental secretariat needs, and US$ 602,400 to facilitate the participation of developing countries and countries with economies in transition.

8. In Resolution 3/2001, the Conference had appealed to Members of the FAO and Member Nations that are not Members of the FAO, but are Members of the United Nations and any of its Specialized Agencies, and Regional Economic Integration Organizations, to contribute, through the FAO, to the functioning of the Commission, acting as Interim Committee for the Treaty. The Interim Committee recognized that substantial extra-budgetary resources would be required in the interim period, and in the initial phase of the implementation of the Treaty, and further appealed to donors to make available the additional extra-budgetary resources that would be required to implement its Work Programme, including, in particular, to support the full participation of developing countries and countries with economies in transition.

9. The Interim Committee decided that, as funds became available, priority should be given to convening the Expert Group on the Terms of the Standard Material Transfer Agreement, and the Open-ended Working Group on the Rules of Procedure of the Governing Body, the Financial Rules of the Governing Body, and Compliance, which would prepare the work of its Second Meeting.

10. The secretariat accordingly submitted to donors a Trust Fund Project for support to the Work Programme of the Interim Committee in 2003 and 2004, with the identical budget of US$ 2,886,965 that had been discussed in the Interim Committee. At the time of preparing this report, contributions in cash and kind had been received or announced by Canada, Germany, and the United Kingdom: a cash total of about US$ 162,000 is currently available, which is not adequate to convene the first meeting of either working group that should precede the Second Meeting of the Interim Committee.

11. Resolution 3/2001 requested the Director-General to ensure that appropriate resources, including human resources, are available to the Secretariat of the Commission on Genetic Resources for Food and Agriculture, acting as the Interim Committee. The Director-General’s Programme of Work and Budget 2004-05⁸ accordingly proposes a budget increase of US$ 269,000 in programme entity 2.1.0.P1, Secretariat of the Commission on Genetic Resources for Food and Agriculture: this will provide a total of US$ 360,000 for the convening and running of the Second Meeting of the Commission on Genetic Resources for Food and Agriculture, acting as Interim Committee for the Treaty.⁹ Under the Zero Real Growth Scenario, only US$ 180,000 is allocated for this purpose. In addition, programme entity 1.2.4.0, Legal Services, makes provision for legal advice in support to the work of the Commission on Genetic Resources for Food and Agriculture, acting as Interim Committee for the Treaty.

Status of signature and ratification of the International Treaty

12. The Director-General is the Depositary of the Treaty. He transmitted certified true copies of the Treaty to Members of FAO, and States that are not Members of FAO but are Members of the United Nations or any of its specialized agencies, or of the International Atomic Energy Agency, on 14 January 2002. On 24 January 2002, he wrote to Ministries of Foreign Affairs and of Agriculture, appealing to States to initiate the relevant national procedures to allow them to ratify, accept or approve the Treaty at the earliest opportunity. The Treaty will enter into force on the ninetieth day after the deposit of the fortieth instrument of ratification, acceptance, approval or accession (an instrument deposited by a Member Organization not being counted as additional to those deposited by its Member States).

13. States that have ratified, accepted, approved or acceded to the Treaty will make up its Governing Body. At its first meeting, this Governing Body will address important questions, such as the level, form and manner of monetary payments on commercialization; the standard Material Transfer Agreement for plant genetic resources; mechanisms to promote compliance with the Treaty; and the funding strategy. States may therefore consider it important to deposit soonest the necessary instruments, so as to ensure that their national interests may be taken into account at the Governing Body’s first meeting.

14. The Treaty was open for signature at FAO Headquarters from 3 November 2001 until 4 November 2002 by Members of FAO, and States that are not Members of FAO but are Members of the United Nations or any of its specialized agencies, or of the International Atomic Energy Agency. Signatories to the Treaty may then ratify, accept or approve it. States that did not sign the Treaty before it closed for signature may accede directly. When signature closed on 4 November 2002, 77 States and the European Community had signed the Treaty. At the time of preparing this document, 32 States had ratified, accepted, approved or acceded to the Treaty. The list is attached, as Appendix I.¹⁰

15. There have been a number of important international appeals for ratification of the International Treaty since the adoption of Resolution 3/2001, including by: the Sixth Meeting of the Conference of the Parties to the Convention on Biological Diversity, in April 2002; the World Food Summit: five years later, in June 2002; and the Johannesburg World Summit on Sustainable Development, in August 2002. The 2003 G8 Summit also expressed support for the Treaty.

16. The importance that states are giving to the Treaty is evident from the speed at which it is being ratified. The Treaty is therefore likely to enter into force soon. This success, however, will mean that considerable extra-budgetary resources will need to become available in the very near future, to complement those made available by the Organization, if the Work Programme of the Interim Committee, which is charged with preparing a number of instruments that are foreseen to be adopted by the Governing Body at its first meeting, is to be completed.

Appendix I

STATUS OF SIGNATURE AND RATIFICATION OF THE INTERNATIONAL TREATY
(25 SEPTEMBER 2003)

The following instruments were deposited on the dates indicated:

______________________________

¹ Article 19.9 of the Treaty also provides that meetings of the Governing Body “should, as far as possible, be held back-to-back with the regular sessions of the Commission on Genetic Resources for Food and Agriculture”.

² The report of the First Meeting of the Interim Committee (CGRFA-MIC-1/02/REP), as well as the documents for the meeting, are on the internet at http://www.fao.org/ag/cgrfa/docsic1.htm.

³ Appendix C of the report of the Meeting.

⁴ Appendix D of the report of the meeting.

⁵ 25 September 2003.

⁶ By Circular State Letter LE-67 of 23 June 2003.

⁷ Appendix E of the report of the meeting.

⁸ C 2003/3, The Director-General’s Programme of Work and Budget, 2004-05.

⁹ Support for the participation of developing countries and countries with economies in transition would need to be covered from extra-budgetary resources.

¹⁰ An up-to-date list is always available on the internet at http://www.fao.org/Legal/TREATIES/033s-e.htm.