Negotiations on Revising the International Undertaking for Plant Genetic Resources for Food and Agriculture

The Issue

The Convention on Biological Diversity (CBD) affirms that nations have sovereignty over plant genetic resources (PGR) in their territory and provides that access to PGR requires prior informed consent from the providing country and sharing of the benefits on mutually agreed terms. Plant genetic resources are most commonly found in the form of seeds. Under CBD guidelines, a number of countries have enacted or are considering legislation that places conditions on, or restricts access to these resources. However, recognizing the special needs of agriculture, and having concern for global food security, the United Nations Food and Agriculture Organization (FAO) undertook to revise the current, non-binding International Undertaking on Plant Genetic Resources (IU). In harmony with the CBD, the revised IU is intended to facilitate access, as well as define benefit sharing arrangements, for research, breeding and training that involves plant genetic resources for food and agriculture (PGRFA).

• Global Food Security: Lack of food security anywhere in the world is of concern to the U.S. as it can lead to economic crises, as well as social and political unrest. Food security could be threatened by diminished conservation and exchange of crop genetic resources. Poor countries with weak agricultural research and germplasm conservation programs would be most vulnerable to this threat.
• International Agricultural Research Centers (IARCs): IARCs were established to address global food security during the 1960s and 1970s by U.S. private and public funding. They now are maintained by a network of international donors, and are the backbone of the existing multilateral system for conservation, use, and exchange of PGRFA. The U.S. seeks an agreement that is congruent with their mandate, and that permits them to participate fully in the system being established.
• Decisions on issues such as the scope of the IU (i.e., which crops and specific germplasm will be included in the system), the treatment of non-parties to the IU, and respect for intellectual property rights are critical to U.S. public and private sector participation in the emerging multilateral system. Resolution of these issues will also affect the continued operation of germplasm collections conserved and managed by the IARCs, and by national governments.

The U.S. position has been informed by the interests outlined above. U.S. policy has long supported a system wherein PGRFA in governmental and IARC genebanks has been both conserved and made freely available for continued research and breeding. Although today the terms of the CBD have become the de facto framework for international access, especially to plant genetic resources not used for food, the IARCs have so far continued to provide germplasm from their genebanks, along with research data and agricultural technology, free of charge and with no burdensome obligations for the recipient. Likewise, the U.S. National Plant Germplasm System has continued its practice of conserving germplasm and providing it to scientists upon request, with no residual obligations for the recipient, whether domestic or international.

The U.S. approach to the negotiations has been to preserve such a system globally, particularly for governmental and IARC genebanks, for crops judged to be essential for food security. This includes trying to reinforce the existing independent role of IARCs within the framework of the IU. The United States has sought to ensure that, at a minimum, the future multilateral system does not preclude the United States or the IARCs from continuing their current policies on access to and exchange of PGRFA.

The next negotiation is likely to be a special session of the Commission on Plant Genetic Resources in Rome, June 25-29, 2001. The session is expected to review the text of the agreement that was developed by the Commission Chairman, Amb. Fernando Gerbasi (Venezuela), in consultation with representatives from a 40-country Contact Group over the past two years. The session is also expected to address major outstanding issues, and to forward a recommendation to the November FAO Conference for approval.