September meeting on Enhancement of the Multilateral System of the ITPGRFA: one step forward, two steps back?

Background

The objectives of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) are the conservation and sustainable use of plant genetic resources for food and agriculture (PGRFA) and the fair and equitable sharing of the benefits arising out of their use, in harmony with the Convention on Biological Diversity (CBD), for sustainable agriculture and food security.

The Multilateral System (MLS) of the ITPGRFA is a global pool of PGRFA, intended to facilitate access to PGRFA and to achieve fair and equitable sharing of the benefits arising from their utilisation. Annex I of the ITPGRFA lists the species and genera included in the MLS, currently 35 food crops and 29 forages. The exchange of PGRFA included in the MLS takes place under a standard contract (the Standard Material Transfer Agreement, SMTA).

With the aim of improving access to PGRFA as well as benefit-sharing from their use, a process to enhance the functioning of the MLS was started in 2013, but the process came to a standstill in 2019. In September 2022, the Governing Body of the ITPGRFA decided to restart the process. After a meeting of the reinstated Ad Hoc Open-ended Working Group to Enhance the Functioning of the Multilateral System (OEWG/MLS) in July 2023, intended for stocktaking of positions, the Contracting Parties of the ITPGRFA decided in the Tenth meeting of the Governing Body (GB 10) in November 2023 to reopen formal negotiations, with the aim of adopting an enhanced MLS at the Eleventh meeting of the Governing Body (GB 11) in 2025.

During the next meeting of the OEWG/MLS in April 2024, discussions took place on options to address the three identified 'hotspots' in the enhancement process (Digital Sequence Information/Genetic Sequence Data (DSI/GSD), payment structure and rates for monetary benefit-sharing, and expansion of Annex I of the MLS) and on how to build on the package of measures that was proposed in 2019, including a Resolution, a revised SMTA, and an amendment to Annex I of the ITPGRFA. The Working Group agreed to consider the possibility of developing a specialized approach under the ITPGRFA for DSI/GSD on PGRFA and to work towards an expansion of Annex I covering all PGRFA, under the condition that robust safeguards could be included, such as an exemption for crops of high cultural value in a country. On payment structure and rates for monetary benefit sharing, the Working Group strongly supported the subscription option, while different views were expressed as to whether the single access option should be kept.

The meeting of the Ad Hoc Open-ended Working Group to Enhance the Functioning of the Multilateral System (OEWG/MLS) in September 2024

The meeting of the OEWG/MLS in September 2024 looked in detail into the draft texts of the Resolution, the revised SMTA and the amendment to Annex I of the ITPGRFA, but no text negotiations took place.

There were in-depth discussions on the payment structure for monetary benefit-sharing, especially on whether to adopt a subscription-only structure or to have a subscription system with also the possibility for single access. While most regions were in favour of the subscription-only approach, no consensus could be reached. Therefore, the Co-Chairs presented a compromise proposal with a dual payment mechanism (with the standard subscription system option and a deferred payment option). It was decided that the Co-Chairs would establish a drafting group with one representative per Region to redraft the subscription system to include a dual payment mechanism. Payment rates were not discussed.

With respect to the amendment of Annex I, the Working Group discussed the proposal for expansion of Annex I to all PGRFA, but opinions diverged on this issue as well. The Working Group again stressed the importance of the inclusion of robust safeguards, including ideas for 'positive' or 'negative' lists of crops that would be either or not shared through the MLS. The Working Group also discussed possible political and technical challenges for Contracting Parties to ratify the amendment and ways to overcome these challenges.

On DSI/GSD, the Working Group did not challenge the suggested approach to include it in the Resolution only, but it suggested various improvements in the draft Resolution. It stressed that the ITPGRFA should aim at being mutually supportive with a possible DSI mechanism developed under the Convention on Biological Diversity (CBD), also to avoid double payments.

With regard to the review and implementation of the enhanced Multilateral System, the need to maintain a balance between the number of ratifications of the amendment of Annex I and the generation of income to the Benefit-sharing Fund of the ITPGRFA was stressed.

Follow-up process

Two further formal meetings of the OEWG/MLS will be held in the first and second half of 2025, to continue work on the enhancement package. Before that, an informal meeting will be held in December 2024, with a focus on DSI/GSD, but also enabling discussions on rates and thresholds for monetary benefit-sharing. Regional consultations will continue to be organized, also to provide opportunities for discussions with Contracting Parties that are not Members of the Working Group. It is still envisaged to finalize the enhancement of the MLS during the Eleventh meeting of the Governing Body (GB 11) of the ITPGRFA in November 2025.

Your opinion is important

As the Netherlands strongly supports inclusive and transparent processes, involving all relevant actors, stakeholders are encouraged to contribute to both the formal negotiation processes and the informal consultations.

For more information, and for sharing your views on the enhancement of the MLS, you may contact Ms Kim van Seeters (ABS Competent National Authority; k.vanseeters@minlnv.nl) or Mr Martin Brink (National Focal Point on ABS; martin.brink@wur.nl).