Access and Benefit Sharing International Agreements and Conventions What the Seed Industry Needs to Know CSTA International Committee July 14, 2015 Windsor, Ontario Patty Townsend, CEO
Table of Contents 1. Overview of Conventions and Protocols 2. Access and Benefit Sharing 3. Funding ISF Discussions 4. Implementation of Nagoya in the EU
Overview of Conventions, Treaties and Protocols Convention on Biological i l Diversity it Established December 29, 1993 196 parties Canada ratified in 2011 Objectives Conservation of genetic resources Sustainable use of genetic resources Access and Benefit Sharing Elaborated in the Nagoya Protocol
Overview of Conventions, Treaties and Protocols Nagoya Protocol Came into force October 29, 2014 50 parties to the protocol, Canada is not a party Objective: Provide a transparent legal framework for the effective implementation of one of the three objectives of the CBD: the fair and equitable sharing of benefits arising out of the utilization of genetic resources.
Overview of Conventions, Treaties and Protocols International Treaty on Plant Genetic Resources for Food and Agriculture FAO established in November, 2001 Canada is a party Objectives A global system to provide farmers, plant breeders and scientists with access to plant genetic materials Ensure that recipients share benefits they derive from the use of these genetic materials with the countries where they have been originated
Access and Benefit Sharing CBD provides overview of ABS Access is provided based on Prior informed consent Mutually agreed terms Nagoya Protocol elaborates Both recognize the International Treaty and gives IT precedent
Access and Benefit Sharing International Treaty Multilateral system includes material of 64 species in international gene banks Specifies rules of access, and uses Includes dispute settlement Access is provided using a Standard Material Agreement (Annex 1) Monetary Benefit Sharing 1.1% of sales minus 30% - if material is not free for research and breeding Non-monetary Benefit Sharing Provision i of information
Access and Benefit Sharing Nagoya Protocol Access Clear rules for access to genetic resources and traditional knowledge associated with them National focal points Competent national authorities Benefit Sharing ABS Clearing House Capacity Building Compliance At least one checkpoint to ensure Prior informed consent Mutually agreed terms
Access and Benefit Sharing IT vs Nagoya Canada s position is that the International Treaty applies to all genetic resources for Food and Agriculture EU and some other countries have the position that only the 64 species in Annex 1 of the multilateral system are covered by the International Treaty Important crops not in Annex 1 include: soybeans, sugar cane, tomatoes They are subject to Nagoya
Funding Ultimate desire is financial benefit-sharing CBD, Nagoya protocol Bilateral arrangements IT PGRFA Benefit sharing Fund Global Crop Diversity Trust
Ultimate desire is financial How much? benefit-sharing Who determines? CBD, Nagoya protocol What is fair? Bilateral arrangements IT PGRFA Benefit sharing Fund Global Crop Diversity Trust Fair and equitable? q Whatt is Wh i the th value l off a landrace/local variety, wild plant? Who should pay?
Funding The problem is that t the International ti Treaty is not generating funds. Discussions are focused on how to generate funds ISF Principles: Fair and equitable to all Benefit sharing only when a benefit can be traced to the material accessed Maintain differentiation between available for research and not available for research Recognize margins on different crop kinds Must have an expiry date
Funding ISF Defines 3 options 1. Royalty at commercialization 2. Subscription fee Annual fee payable for a defined number of years Set at a percentage of world wide sales of a crop (crop factor to recognize different margins) No further royalty No tracking and tracing 3. Subscription fee plus royalty Short term access Subscription fee no more than.01x subscription fee above Royalty at commercialization
Implementation of Nagoya in the EU Legislation came into force October, 2014 Member States must implement legislation Principles: Due diligence Demonstrate Prior Informed Consent and Mutually Agreed Terms Checkpoints At research At final stage (e.g. variety registration) Control Sanctions Penalties
Access and Benefit Sharing International Agreements and Conventions What the Seed Industry Needs to Know CSTA International Committee July 14, 2015 Windsor, Ontario Patty Townsend, CEO