PGR News from the Pacific

Posted 7:24 PM by Luigi

First draft of ITPGRFA's MTA negotiated

Meeting of the Contact Group for the Drafting of the Standard Material Transfer Agreement for the Multilateral System under the International Treaty on Plant Genetic Resources for Food and Agriculture. Hammamet, Tunisia. 18-22 July.

The Standard Material Transfer Agreement (SMTA) is the key tool of the Multilateral System (MS) for exchange of germplasm under the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA). There is general agreement that the SMTA must be as clear and easy to understand and use as possible, but with the necessary safeguards against non-compliance.

The Secretariat of the FAO Commission on Genetic Resources, acting as Interim Secretariat to the ITPGRFA, established an Expert Group which put together a draft SMTA setting out various options. This meeting in Tunisia brought together representatives of all FAO Regions (Africa, Asia, Europe, North America, Latin America and the Caribbean, Middle East and SW Pacific) to negotiate (by consensus) a final SMTA. FAO’s SW Pacific region includes Australia, New Zealand and the PICTs. The participation of developing countries was funded by the US Government.

The result of the meeting was a “First Draft SMTA prepared by the Contact Group.” Much text remains in square brackets (i.e. not agreed by all), but the basic structure has been agreed:

Preamble. Places the SMTA in the context of the ITPGRFA.
Parties to the SMTA. Provider and Recipient of the material, not the same as Parties to the ITPGRFA.
Definitions. Key ones include:
- Product
- Commercialize
- Incorporate
- Available without restriction
Subject matter. Essentially the genetic material to which the SMTA gives access, and associated data.
General provisions. May be the place to define the role of the Governing Body in relation to the SMTA.
Rights and obligations of the Provider. Access to germplasm will be granted expeditiously and along with all available data.
Rights and obligations of the Recipient. Mandatory benefit sharing obligations.
Applicable law/interpretation. May not be needed.
Dispute resolution. Essentially a process of mediation and arbitration.
Additional items
- Warranty
- Duration of agreement
- Voluntary payments
- Termination
Signature. Possibly with an option to provide germplasm shrink-wrapped, the breaking of the seal signifying agreement to the terms of the SMTA (i.e. no signature necessary).

Appendix 1. List of material provided under the SMTA and associated data. (i.e. the subject matter of the SMTA).

Appendix 2. Payment of benefit sharing. Essentially banking instructions.

However, some key points remain to be sorted out:

The role of the Governing Body of the ITPGRFA in overseeing the MTA (e.g., making sure that use of the material is according to the ITPGRFA, that benefit sharing obligations are met etc.). The African Region in particular was keen for the Governing Body to have a role. This may be difficult legally as the GB has no legal personality but other options are possible, including FAO taking on some kind of role on behalf of an aggrieved MTA Party as a “third party beneficiary.”
The method of dispute resolution, e.g. whether arbitration will be compulsory/mutually agreed and binding/non-binding.
Threshold for incorporation of material from the MS to trigger payment on commercialization. The North America Region tabled the idea of limiting payments into the MS to the situation where a commercialized product contains more than a 25% (presumably negotiable) contribution by parentage from material accessed via the MTA, or if it contains an identifiable trait from that material. In contrast, an African proposal suggested that companies breeding Annex 1 crops would have the option of paying a %age (presumably much lower than otherwise) of earnings on ANY variety of such crops they commercialize (rather than only the ones derived from material accessed via the SMTA) and then have access to the MS without the need for further contribution. This is an interesting idea which the North American and European delegations did not seem to like very much but which needs further exploration, in particular with the private sector: it would be a sort of pre-payment for life membership.
Formula for payment. What %age of net/gross sales/income would be paid into the MS?

These will be the main items on the agenda of a proposed further meeting of the Contact Group, probably in late 2005 or early 2006.



	A blog maintained by Tevita Kete, PGR Officer Secretariat of the Pacific Community (SPC), Suva, Fiji Islands
This weblog documents the activities of Pacific Agricultural Genetic Resources Network (PAPGREN), along with other information on plant genetic resources (PGR) in the Pacific. The myriad varieties found within cultivated plants are fundamental to the present and future productivity of agriculture. PAPGREN, which is coordinated by the Land Resources Division of the Secretariat of the Pacific Community (SPC), helps Pacific countries and territories to conserve their crop genetic diversity sustainably, with technical assistance from the Bioversity International (BI) and support from NZAID and ACIAR. SPC also hosts the Centre of Pacific Crops and Trees (CEPaCT). The CEPaCT maintains regional in vitro collections of crops important to the Pacific and carries out research on tissue culture technology. The CEPaCT Adviser is Dr Mary Taylor (MaryT@spc.int), the CEPaCT Curator is Ms Valerie Tuia (ValerieT@spc.int). PAPGREN coordination and support IPGRI ACIAR NZAID CTA SPC PAPGREN CEPaCT Click on the thumbnail to see a map of the locations of Pacific genebanks. Click here to download a regional directory of genebanks in the Pacific, including information on their location, contact details and holdings. PAPGREN partners Mr William Wigmore Director of Research Ministry of Agriculture Department of Resources & Development P.O. Box 96 Rarotonga Cook Islands Tel: (682) 28711-29720 Fax: (682) 21881 Email: cimoa@oyster.net.ck Mr Adelino S. Lorens Chief Agriculture Pohnpei Office of Economic Affairs P.O. Box 1028 Kolonia Pohnpei 96941 Federated States of Micronesia Tel: (691) 3202400 Fax: (691) 3202127 Email: pniagriculture@mail.fm Dr Lois Englberger Island Food Community of Pohnpei Research Advisor P.O. Box 2299 Kolonia Pohnpei 96941 Federated States of Micronesia Email: nutrition@mail.fm Mr Apisai Ucuboi Director of Research Ministry of Agriculture, Fisheries & Forest Koronivia Research Station P.O. Box 77 Nausori Fiji Islands Tel: (679) 3477044 Fax: (679) 3477546-400262 Email: apisainu@yahoo.com Dr Maurice Wong Service du Developpement Rural B.P. 100 Papeete Tahiti 98713 French Polynesia Tel: (689) 42 81 44 Fax: (689) 42 08 31 Email: maurice.wong@rural.gov.pf Mr Tianeti Beenna Ioane Head, Research Section Division of Agriculture Ministry of Environment, Lands and Agricultural Development P.O. Box 267 Tarawa Kiribati Tel: (686) 28096-28108-28080 Fax: (686) 28121 Email : agriculture@tskl.net.ki; Beenna_ti@yahoo.com Mr Frederick Muller Secretary Ministry of Resources & Development P.O. Box 1727 Majuro 96960 Marshall Islands Tel: (692) 6253206 Fax: (692) 6257471 Email: rndsec@ntamar.net Mr Herman Francisco Director Bureau of Agriculture Ministry of Resources & Development P.O. Box 460 Koror 96940 Palau Tel: (680) 4881517 Fax: (680) 4881725 Email: bnrd@pnccwg.palaunet.com Ms Rosa Kambuou Principal Scientist PGR NARI Dry Lowlands Programme Laloki Agricultural Research Station P.O. Box 1828 Boroko National Capital District Papua New Guinea Tel: (675) 3235511 Fax: (675) 3234733 Email: kambuou@global.net.pg Ms Laisene Samuelu Principal Crop Development Officer Crops Division Ministry of Agriculture, Forests, Fisheries & Meteorology P.O. Box 1874 Apia Samoa Tel: (685) 23416-20605 Fax: (685) 20607-23996 Email: lsamuelu@lesamoa.net Mr Jimi Saelea Director of Research Department of Agriculture and Livestock P.O. Box G13 Honiara Guadalcanal Solomon Islands Tel: (677) 27987 Mr Tony Jansen Planting Materials Network Kastom Gaden Association Burns Creek, Honiara P.O. Box 742 Honiara Solomon Islands Tel: (677) 39551 Email: kastomgaden@solomon.com.sb Mr Finao Pole Head of Research Ministry of Agriculture & Forests P.O. Box 14 Nuku'alofa Tonga Tel: (676) 23038 Fax: (676) 24271 Email: thaangana@hotmail.com Mr Frazer Bule Lehi Head of Research Department of Agriculture & Rural Development Private Mail Bag 040 Port Vila Vanuatu Tel: (678) 22525 Fax: (678) 25265 Email: flehi@hotmail.com Other links Other CROP agencies Forum Secretariat University of the South Pacific SPREP Pacific biodiversity Biodiversity hotspots Breadfruit Institute Hawaiian native plants Intellectual property rights Nature Conservancy PBIF PestNet SIDS WWF South Pacific Program Other Pacific organizations Foundation of the Peoples of the South Pacific Micronesian Seminar Te Puna web directory Pacific news Cafe Pacific CocoNET Wireless Island Directory Pacific Islands News Pacific Islands Report Pacific Islands Travel Pacific Time South Pacific travel Time Pacific Interested in GIS? DIVA-GIS	Thursday, July 28, 2005 Posted 7:24 PM by Luigi First draft of ITPGRFA's MTA negotiated Meeting of the Contact Group for the Drafting of the Standard Material Transfer Agreement for the Multilateral System under the International Treaty on Plant Genetic Resources for Food and Agriculture. Hammamet, Tunisia. 18-22 July. The Standard Material Transfer Agreement (SMTA) is the key tool of the Multilateral System (MS) for exchange of germplasm under the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA). There is general agreement that the SMTA must be as clear and easy to understand and use as possible, but with the necessary safeguards against non-compliance. The Secretariat of the FAO Commission on Genetic Resources, acting as Interim Secretariat to the ITPGRFA, established an Expert Group which put together a draft SMTA setting out various options. This meeting in Tunisia brought together representatives of all FAO Regions (Africa, Asia, Europe, North America, Latin America and the Caribbean, Middle East and SW Pacific) to negotiate (by consensus) a final SMTA. FAO’s SW Pacific region includes Australia, New Zealand and the PICTs. The participation of developing countries was funded by the US Government. The result of the meeting was a “First Draft SMTA prepared by the Contact Group.” Much text remains in square brackets (i.e. not agreed by all), but the basic structure has been agreed: Preamble. Places the SMTA in the context of the ITPGRFA. Parties to the SMTA. Provider and Recipient of the material, not the same as Parties to the ITPGRFA. Definitions. Key ones include: - Product - Commercialize - Incorporate - Available without restriction Subject matter. Essentially the genetic material to which the SMTA gives access, and associated data. General provisions. May be the place to define the role of the Governing Body in relation to the SMTA. Rights and obligations of the Provider. Access to germplasm will be granted expeditiously and along with all available data. Rights and obligations of the Recipient. Mandatory benefit sharing obligations. Applicable law/interpretation. May not be needed. Dispute resolution. Essentially a process of mediation and arbitration. Additional items - Warranty - Duration of agreement - Voluntary payments - Termination Signature. Possibly with an option to provide germplasm shrink-wrapped, the breaking of the seal signifying agreement to the terms of the SMTA (i.e. no signature necessary). Appendix 1. List of material provided under the SMTA and associated data. (i.e. the subject matter of the SMTA). Appendix 2. Payment of benefit sharing. Essentially banking instructions. However, some key points remain to be sorted out: The role of the Governing Body of the ITPGRFA in overseeing the MTA (e.g., making sure that use of the material is according to the ITPGRFA, that benefit sharing obligations are met etc.). The African Region in particular was keen for the Governing Body to have a role. This may be difficult legally as the GB has no legal personality but other options are possible, including FAO taking on some kind of role on behalf of an aggrieved MTA Party as a “third party beneficiary.” The method of dispute resolution, e.g. whether arbitration will be compulsory/mutually agreed and binding/non-binding. Threshold for incorporation of material from the MS to trigger payment on commercialization. The North America Region tabled the idea of limiting payments into the MS to the situation where a commercialized product contains more than a 25% (presumably negotiable) contribution by parentage from material accessed via the MTA, or if it contains an identifiable trait from that material. In contrast, an African proposal suggested that companies breeding Annex 1 crops would have the option of paying a %age (presumably much lower than otherwise) of earnings on ANY variety of such crops they commercialize (rather than only the ones derived from material accessed via the SMTA) and then have access to the MS without the need for further contribution. This is an interesting idea which the North American and European delegations did not seem to like very much but which needs further exploration, in particular with the private sector: it would be a sort of pre-payment for life membership. Formula for payment. What %age of net/gross sales/income would be paid into the MS? These will be the main items on the agenda of a proposed further meeting of the Contact Group, probably in late 2005 or early 2006. * Comments: Post a Comment	Archive October 2002 November 2002 December 2002 January 2003 February 2003 March 2003 April 2003 May 2003 June 2003 July 2003 August 2003 September 2003 October 2003 November 2003 December 2003 January 2004 February 2004 March 2004 April 2004 May 2004 June 2004 July 2004 August 2004 September 2004 October 2004 November 2004 December 2004 January 2005 February 2005 March 2005 April 2005 May 2005 June 2005 July 2005 August 2005 September 2005 October 2005 November 2005 December 2005 January 2006 February 2006 March 2006 April 2006 May 2006 June 2006 July 2006 August 2006 September 2006 October 2006 November 2006 December 2006 January 2007 February 2007 March 2007 April 2007 May 2007 June 2007 July 2007 August 2007 September 2007 October 2007 November 2007 December 2007 January 2008 February 2008 March 2008 April 2008 May 2008 June 2008 July 2008 August 2008 September 2008 October 2008 November 2008 December 2008 January 2009 February 2009 March 2009 April 2009 May 2009 June 2009 July 2009 August 2009 September 2009 October 2009 November 2009 January 2010 RSS Feed Alternative feed Contact Tevita Something new: Agrobiodiversity Weblog: For discussions of conservation and sustainable use of the genetic resources of crops, livestock and their wild relatives. 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