6th Meeting of the Ad Hoc Open-ended Working Group to Enhance the Functioning of the Multilateral System of Access and Benefit-sharing of the International Treaty on Plant Genetic Resources for Food and Agriculture (OWG-EFMLS-6)

On Friday morning, the Working Group addressed the full package of measures arising from its deliberations to be presented at the seventh meeting of the Treaty’s Governing Body (GB 7), including: progress towards developing a draft revised Standard Material Transfer Agreement (SMTA) aiming to increase payments to the Benefit-Sharing Fund; the modalities of a potential expansion of the coverage of the Multilateral System and links with the benefit-sharing arrangements; definitional issues on plant genetic resources for food and agriculture; and the launch mechanism, including interim measures and alternatives.

All regions welcomed an offer by Switzerland to host an informal meeting, to allow for further deliberations. Participants also discussed holding a one-day meeting of the Working Group, immediately prior to GB 7, to be held in October/November 2017, in Rwanda.

On Friday afternoon, the Working Group adopted its report, including a draft SMTA as revised during the proceedings. Co-Chair Visser opined that the pace of negotiations should increase, highlighting that countries and stakeholders might lose interest in the process. Co-Chair Mozafari stressed that the agricultural community needs this agreement, and after brief closing statements, closed the meeting at 4:50 pm.

The Earth Negotiations Bulletin summary and analysis of the meeting will be available online on Monday, 20 March 2017, at: http://enb.iisd.org/biodiv/itpgrfa/owg-efmls-6/

On Thursday, the Working Group met in morning, afternoon and evening sessions.

Participants concluded a second reading of the third draft revised Standard Material Transfer Agreement (SMTA). Among other items, they addressed provisions on: withdrawal from and termination of the SMTA; rates and modalities of payment arising from commercialization; and terms and conditions of a subscription system.

Participants then discussed the proposed launch mechanism for an enhanced Multilateral System, aiming to generate funds for the Benefit-Sharing Fund and expand the Treaty’s crop coverage. Most regions expressed their support for such a mechanism in principle. Africa expressed doubts on whether the timeline and plan proposed is realistic and, with India, proposed that a charge on seed sales in each country can be used to fund contributions to the Benefit-Sharing Fund.

Participants finally held a discussion on genetic information associated with material accessed from the Multilateral System. Some regions urged addressing the matter in the revised SMTA, while others highlighted the need for additional information and further discussion.

On Wednesday, the Working Group held text-based negotiations on the third draft revised Standard Material Transfer Agreement (SMTA) in morning, afternoon and evening sessions.

Participants addressed SMTA provisions on, among others: the rights and obligations of the recipient of material from the Multilateral System; obligations in cases of transfers of plant genetic resources for food and agriculture under development; and options regarding payments from commercialization in cases the product is available or not for further research and breeding. They debated whether the subscription system should be the only access mechanism or alternative access mechanisms should be retained; and addressed SMTA annexes on: the list of materials provided; rates and modalities of payment arising from commercialization; terms and conditions of the subscription system; and the registration form to the subscription system.

A lunch-time side event organized by the ITPGRFA Secretariat, in collaboration with the Center of Science, Technology and Environmental Policy Studies at Arizona State University, aimed at generating knowledge and improving understanding of issues around access and use of genetic information, and the related technological, institutional and legal landscapes.

On Tuesday, 14 March, Working Group Co-Chairs Bert Visser (the Netherlands) and Javad Mozafari (Iran) opened the meeting, noting: the Working Group’s mandate to come to an agreement on a final package of a revised draft Standard Material Transfer Agreement (SMTA) text and additional recommendations to be submitted to the Governing Body of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA); and intersessional work done by several Friends of the Co-Chairs groups and the Standing Group of Legal Experts. Kent Nnadozie, ITPGRFA Secretary Ad-Interim, stressed the spirit of collaboration that has prevailed in the deliberations so far.

During morning and afternoon sessions, the Working Group discussed coverage of the Multilateral System (MLS) vis-à-vis the scope of the Treaty; and issues arising from the revised SMTA, with a focus on the subscription system. North America highlighted that the US has become the latest member of the Treaty.

On coverage of the MLS, discussion focused on the approach and necessary conditions to expand coverage; and the legal mechanism to be used, namely an amendment or a protocol to the Treaty. Discussion on the approach to expand coverage addressed, among other issues, whether to expand it to “all” plant genetic resources for food and agriculture (PGRFA), and the definition of PGRFA, including in relation to crop wild relatives. On the legal mechanism, there was general agreement that any expansion should be done in the easiest and most effective way, with many identifying the need for better understanding the arguments for and against both options.

The Working Group then initiated deliberations on the revised SMTA. Delegates heard reports from Friends of the Co-Chairs groups on access mechanisms and payment rates, and the termination clause; and discussed questions with the Standing Group of Legal Experts, including on the compatibility of the subscription system and advance payments with the Treaty text.

An informal evening session held discussions on expanding MLS coverage.