CL 124/INF/16

Council

Table of Contents

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.

2. 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.

3. 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.

4. Pursuant to Article 26 of the Treaty, it shall be subject to ratification, acceptance or approval by the Members and non-Members of FAO referred to in Article 25. Instruments of ratification, acceptance, or approval shall be deposited with the Depositary.

5. Pursuant to Article 27 of the Treaty, it shall be open for accession from the date on which the Treaty is closed for signature. Instruments of accession shall be deposited with the Depositary. States that have signed the Treaty may ratify it. States that did not sign the Treaty before it closed for signature may accede directly, without first needing to ratify the Treaty.

6. The Treaty shall enter into force on the ninetieth day after the deposit of the fortieth instrument of ratification, acceptance, approval or accession, provided that at least twenty instruments of ratification, acceptance, approval or accession have been deposited by Members of FAO under Article 29.2. States that have ratified it 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, a standard Material Transfer Agreement for plant genetic resources, mechanisms to promote compliance with the Treaty, and the funding strategy. Countries may therefore consider it important to be among the first to ratify, so as to ensure that their national interests can be taken into account at the Governing Body’s first meeting.

7. The Sixth Meeting of the Conference of the Parties to the Convention on Biological Diversity (7-19 April 2002, The Hague), in its Ministerial Declaration, which was agreed by the delegations of one hundred and seventy six countries, including some one hundred and thirty Ministers, also “urged all States to ratify and fully implement […] the International Treaty on Plant Genetic Resources for Food and Agriculture”. The Declaration adopted by the World Food Summit: five years later (10-13 June 2002, Rome) recognizes “the importance of the International Treaty on Plant Genetic Resources for Food and Agriculture, in support of food security objective”, and calls “on all countries that have not yet done so to consider signing and ratifying the International Treaty on Plant Genetic Resources for Food and Agriculture, in order that it shall enter into force as soon as possible”. In the Johannesburg Declaration on Sustainable Development, countries participating in the World Summit on Sustainable Development (26 August - 4 September, 2002), stated that they committed themselves to the Johannesburg Plan of Implementation, in which they “invite countries that have not done so ratify the International Treaty on Plant Genetic Resources for Food and Agriculture”.

8. When signature closed on 4 November 2002, 77 States and the European Community had signed the Treaty. At the time of preparing this paper (15 April 2003) 18 States had ratified, accepted, approved or acceded to it (see the list attached as Appendix I).

9. A sample instrument of ratification, acceptance, approval or accession is attached, as Appendix II.

APPENDIX I

SIGNATURES AND RATIFICATIONS OF THE INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES FOR FOOD AND AGRICULTURE

An updated list is available on the internet at http://www.fao.org/Legal/TREATIES/033s-e.htm.

*Peru has ratified the Treaty by Decree N° 012-2003-RE of 16/01/2003, but the instrument of ratification has not yet been deposited in FAO.

APPENDIX II

INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES FOR
FOOD AND AGRICULTURE

MODEL INSTRUMENT OF RATIFICATION/ ACCEPTANCE/ APPROVAL*/ACCESSION**

The Government of [name of country or regional economic integration organization] has the honour to refer to the International Treaty on Plant Genetic Resources for Food and Agriculture, which was approved by the FAO Conference at its Thirty-first Session in November 2001, and to inform the Director-General of the Food and Agriculture Organization of the United Nations that [name of country or regional economic integration organization] hereby [ ratifies ] [ accepts ] [ approves ]* [ accedes to ]** the aforesaid Treaty and undertakes to abide by its provisions.

*The terms “[ ratifies ] [ accepts ] [ approves]” are used for States that have already signed the Treaty. Only one of these need be chosen, depending on the term most commonly used by the States submitting the instrument. Ratification is the term most frequently used.

**The term “[ accedes to ]” is used for States that did not sign the Treaty within the period that it was open for signature.