12th Meeting of the Ad Hoc Open ended Working Group to Enhance the Functioning of the ITPGRFA Multilateral System

The greater the diversity of crops and seeds in our global food basket, the stronger the foundation of our food and nutrition security. Throughout agricultural history, farmers have been leading efforts to develop and save crop diversity, increasing resilience to pests and diseases and ensuring adaptation of food production to climate change.

The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) recognizes the enormous contribution of farmers to sustainable agriculture and global food security. It established a Multilateral System (MLS) of access and benefit-sharing (ABS) through a Standard Material Transfer Agreement (SMTA). This system provides farmers, plant breeders, and scientists with access to plant genetic resources that are considered vital for food security (Annex I of the Treaty). It also aims to ensure that recipients share the benefits they derive from the use of these genetic resources.

However, a set of challenges have arisen with regard to the ability of the MLS to generate and share monetary benefits. Thus, a Working Group was established in 2013 with the task to enhance the functioning of the MLS. The Working Group conducted negotiations for six years (2013-2019), with focus on revising the SMTA and amending the list of crops in Annex I of the Treaty.

At its ninth meeting in 2019, the Working Group reached a tentative compromise to amend Annex I to include all plant genetic resources for food and agriculture under the management and control of parties and in the public domain, in ex situ conditions, while allowing for reasoned national exemptions for a limited number of native species. Negotiations on the draft revised SMTA, however, were not concluded, with benefit-sharing from the use of digital sequence information (DSI – a term referring to the digitized information content of plant genetic resources) and the rates for benefit-sharing payments as the main outstanding issues. The negotiations were terminated at the eighth session of the Treaty’s Governing Body in November 2019, when delegates could not reach agreement on the package of measures to enhance the functioning of the MLS or to continue intersessional work. Benefit-sharing from the use of DSI was identified as the deal-breaker.

At its ninth meeting in 2022, the Governing Body decided to relaunch negotiations and appointed Sunil Archak (India) and Michael Ryan (Australia) as Working Group Co-Chairs.  At its tenth session in July 2023, the Governing Body endorsed the suggestion of the Working Group to work on the basis of the “June 2019 draft package,” which includes a draft revised SMTA, draft amendment of Annex I, and draft resolution on implementing the enhancement of the MLS. It also requested the Co-Chairs to give early attention to the three identified “hotspots”: DSI/genetic sequence data; expansion of Annex I; and payment structure and rates. The eleventh meeting of the Working Group had a frank exchange of views and improved understanding of positions on the three identified “hotspots,” paving the way for text-based negotiations to begin at the 12th meeting.

The  12th meeting of the Working Group will convene from 16-19 September 2024, in Rome, Italy. It is composed of spokespersons from the regions of the Food and Agriculture Organization of the UN, including Africa, Europe, Asia, Latin America and the Caribbean, Near East, North America, and South West Pacific, as well as from civil society, the seed industry, farmers’ organizations, and research and academia, including the CGIAR Consortium.

The Earth Negotiations Bulletin (ENB) writers for this meeting are Elsa Tsioumani, Ph.D.; Jennifer Bansard; and Mike Muzurakis. The Digital Editor is Mika Schröder. The Editor is Pam Chasek, Ph.D.