Reviews of the MLS
The Multilateral System is a dynamic and flexible operational system under the International Treaty. Contracting Parties have the possibility to jointly develop it further, adapt it to changing environments and enhance its implementation over time. Three important reviews and assessments are explicitly established in the text of the International Treaty:
Contribution of material by natural and legal persons
Contribution of material by natural and legal persons
Contracting Parties (through the Governing Body) shall assess progress that companies, associations, individuals and others (natural and legal persons) have made in including their material in the Multilateral System. Depending on the progress, the Governing Body shall take the appropriate measures, which may include a decision as to whether or not facilitated access shall continue to be provided to these persons.
The Governing Body has repeatedly urged natural and legal persons to include their material in the Multilateral System and urged Contracting Parties to take incentive measures. So far, however, decisions in this regard have been repeatedly postponed.
Mandatory monetary benefit-sharing
Mandatory monetary benefit-sharing
The International Treaty sets forth the minimum parameters for monetary benefit-sharing that shall be included in the Standard Material Transfer Agreement, leaving considerable flexibility to the Governing Body to agree on concrete terms and conditions.
The International Treaty calls on the Governing Body to decide whether mandatory monetary benefit-sharing payments shall also be required in cases where products can be accessed without restriction by others for further research and breeding.
The Governing Body has repeatedly postponed the decision in this regard. This is an important element of the process to enhance the functioning of the Multilateral System.
Levels of payment, exemptions from payment
Levels of payment, exemptions from payment
The Governing Body enjoys considerable flexibility in designing the monetary benefit-sharing structure. The International Treaty explicitly grants it the capacity to review, from time to time, the levels of payment, with a view to achieving fair and equitable sharing of benefits. Also, it may decide to establish different levels of payment for various categories of recipients and to exempt from payment obligations small-scale farmers in developing countries and in countries with economies in transition.
For further details of these reviews and assessments, see Articles 11.4 and 13.2d(ii) of the International Treaty and the reports by the Secretary on the operations of the Multilateral System to each session of the Governing Body.
The reviews and assessments are important elements of the process to enhance the functioning of the Multilateral System.