notes 1. On 6 February 2003, the Director-General received a notification informing him that the name “Federal Republic of Yugoslavia” has been changed to “Serbia and Montenegro”. On 12 June 2006, the Director-General received a new notification informing that the Republic of Serbia is continuing the membership of “Serbia and Montenegro” in FAO and all its organs, on the basis of Article 60 of the Constitutional Charter of Serbia and Montenegro, activated by the Declaration of Independence adopted by the National Assembly of Montenegro on 3 June 2006, and that the name “Republic of Serbia” is to be henceforth used instead of the name “Serbia and Montenegro”.

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Declarations

Austria (Declaration made upon ratification): "The Republic of Austria confirms the declaration made at adoption concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met."

Belgium (Déclaration jointe à l’instrument de ratification): « La Belgique interprète l’Article 12.3, point d), du Traité sur les ressources phytogénétiques pour l’alimentation et l’agriculture comme reconnaissant que les ressources phytogénétiques pour l’alimentation et l’agriculture ou leurs parties et composantes génétiques ayant été sujet d’innovations peuvent être l’objet de droits de propriété intellectuelle pour autant que les critères relatifs à de tels droits soient satisfaits ».

Denmark (Declaration made upon ratification): "Denmark confirms the declaration made at adopting the Treaty concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met."

European Community (Declaration made upon approval): (1) "The European Community interprets Article 12.3.d of the International Treaty on Plant Genetic Resources as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met."

(2)"In accordance with the provisions of Article II.7 of the FAO Constitution, the European Community declares that its declaration of competence submitted to FAO on 4 October 1994 under Article II.5 of the FAO Constitution still applies in the light of its acceptance of the International Treaty on Plant Genetic Resources for Food and Agriculture."

(3) "In accordance with the provision of Article 22.3 the European Community declares that for a dispute not resolved in accordance with Article 22.1 or Article 22.2 it accepts as compulsory the dispute settlement provisions in Article 22.3(a)."

Finland (Declaration made upon ratification): "The European Community and its Member States interpret Article 12.3 d of the International Treaty on Plant Genetic Resources as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met."

Germany (Declaration made upon ratification): "Germany confirms the declaration made at adoption by the European Community concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met."

Greece (Declaration made upon ratification): "The Hellenic Republic confirms the declaration made at adoption concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources for Food and Agriculture as recognizing that the plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights, provided that the criteria relating to such rights are met."

Ireland (Declaration made upon ratification): "Ireland confirms the declaration made at adoption concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources for Food and Agriculture as recognising that the plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights, provided that the criteria relating to such rights are met."

Italy (Declaration made upon ratification): "Italy confirms the declaration made at adoption concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources for Food and Agriculture as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met."

Luxembourg (Declaration made upon ratification): "The Grand-Duchy of Luxembourg confirms the declaration made at adoption concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources for Food and Agriculture as recognising that the plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights, provided that the criteria relating to such rights are met."

Myanmar (Declaration with respect to Article 22 made upon accession):
“The Government of the Union of Myanmar declares that in the event of a dispute between Contracting Parties concerning the interpretation or application of International Treaty on Plant Genetic Resources for Food and Agriculture, Myanmar shall seek Arbitration in accordance with Article 22.3(a). In this respect, Myanmar accepts Arbitration in accordance with the procedure laid down in Part one of Annex II to the Treaty.”

Poland (Declaration made upon accession): "The Republic of Poland confirms the declaration made at adoption by the European Community concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources for Food and Agriculture recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights, provided that the criteria relating to such rights are met."

Spain (Declaration made upon ratification): "España manifiesta su intención de depositar la Declaración Interpretativa, relativa al artículo 12.3.d. del Tratado, que ya realizó la Presidencia de la Unión Europea en la 31a Conferencia Ministerial de la FAO en noviembre de 2001, en el momento de la adopción del Tratado, tan pronto como finalicen los trámites internos pertinentes."

Sweden (Declaration made upon ratification): (1)"Sweden confirms the declaration made at adopting concerning the interpretation of Article 12.3d of the International Treaty on Plant Genetic Resources for Food and Agriculture as recognising that the plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights, provided that the criteria relating to such rights are met."

(2)"In accordance with the provisions of Article II.7 of the FAO Constitution, Sweden declares that the European Community's declaration of competence submitted to FAO on 4 October 1994 under Article II.5 of the FAO Constitution still applies in the light of its acceptance of the International Treaty on Plant Genetic Resources for Food and Agriculture."

(3) "In accordance with the provision of Article 22.3 Sweden declares that for a dispute not resolved in accordance with Article 22.1 or Article 22.2 it accepts as compulsory the dispute settlement provisions in Article 22.3(a)."

United Kingdom (Declaration made upon ratification): "The Government of the United Kingdom confirms the declaration made at adoption concerning the interpretation of Article 12.3.d of the International Treaty on Plant Genetic Resources for Food and Agriculture as recognising that plant genetic resources for food and agriculture or their genetic parts or components which have undergone innovation may be the subject of intellectual property rights provided that the criteria relating to such rights are met."