Νόμος 3165/2003

ΝΟΜΟΣ ΥΠ' ΑΡΙΘ. 3165

Κύρωση της Διεθνούς Συνθήκης σχετικά με τους φυτογε-νετικούς πόρους για τη διατροφή και τη γεωργία.

ο προεδροσ τησ ελληνικησ δημοκρατιασ

Εκδίδομε τον ακόλουθο νόμο που ψήφισε η Βουλή: Άρθρο πρώτο

Κυρώνεται και έχει την ισχύ, που ορίζει το άρθρο 28 παρ. 1 του Συντάγματος, η Διεθνής Συνθήκη σχετικά με τους φυτογενετικούς πόρους για τη διατροφή και τη γεωργία, η οποία υιοθετήθηκε στη Ρώμη κατά την 31η Σύνοδο του FAO στις 3 Νοεμβρίου 2001, της οποίας το κείμενο σε πρωτότυπο στην αγγλική γλώσσα και σε μετάφραση στην ελληνική έχει ως εξής:

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FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS

Rome, 2001

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ENTERNΑΤΙΟlN'AL TREATY Ο" PLA.NT GENETIC RESOURCES FOR FOOD A>D AGRICITTURZ

PRZaMBLZ

The Contracting Parries,

Convinced of the special nature of piant ztlzzc resources for food and asricaiars, their tiisrmctive features and problems needing distmctive solutions;

Alarmed by the continuing erosion of these resources;

Cognizant that plant genetic resources for food and agriculture are a common concern of ail countries,, in that all countries depend very largely on piant generic resources for iced and agriculture that originated elsewhere;

Acknowledging tat the conservation. errpicrzticn, collection, characterization, r/aiuaticn and documentation of plant genetic resources for food and agriculture are essential in meerins me goals of the Rome Declaration on World Food Security and the World Food Summit Plan of Action and for sustainable agricultural development for this and future generations, and that the capacity of developing countries and countries with economies in transinon to underake such tasks needs urgently to be reinforced;

Nodng that the Global Plan of Action for the Conservation and Sustainable Use of Plant Genetic Resources forFood and Agriculture is an internationally agreed framework for such actrvities:

A.ckno^ledg.ng further that plant generic resoeoes-fbr food and agriculture are the raw material

ion, classical

mcispensaoie tor crop genenc improvement, wsemer oy means 01 xarmers s< plant breeding or mocem biotechnologies, and are essential in adapting to urmretiicrabie environmental changes and future human needs;

Affirming that the past, present and future contributions of farmers in all regions of die world, particularly those in centres of origin and diversity, in conserving, improving and makmg available these resources, is the basis of Farmers' Rights:

Affirming abo that the rights recognized in this Treaty to save, use, exchange and sell farm-saved seed and other propagating material, and to participate in decision-making regarding, and in the fair and equitable sharing of the benefits arising from, the use of plant genenc resources for food and agriculture, are fundamental to the realization of Farmers' Rights, as well as the promotion of Farmers' Rights at national and international levels:

Recognizing that this Treaty and other international agreements relevant to ids Treaty should be , mutually supportive with a view to sustainable agriculture and food security,

Affirming that nothing in this Treaty shall be interpreted as implying in any way a change in die rights and obligations of the Contracting Parties under other international agreements;

Understanding that the above recital is not intended to create a hierarchy between/iup^Stf^s other international agreements; /A ^—^<u.V^

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Aware that questions regarding the management of plant senetic resources for "cod and agriculture are at the meeting point between agriculture, the environment and commerce, and convinced that there should be synergy among these sectors;

Aware of their responsfoility to past and future generations to conserve the World's diversity of piant genetic resources for food and agriculture;

Recognizing that, in the exercise of their sovereign rights over their piant 'genetic resources "or food and agriculture, states may mutually benefit iom the creation of an'effective multilateral system for facilitated access to a negotiated selection of these resources and for the fair and equitable sharing of the benefits arising from their use; and Desiring to conclude an international agreement within the framework of the Food and Agriculture Organization of the United Nations, hereinafter referred to as FAO, under Article ΧΓν' of the FAO Constitution;

Have agreed as follows:

PART I - INTRODUCTION Article 1 - Objectives

1.1 The objectives of this Treaty are the conservation and sustainable use of plant aenetic resources for food and agriculture and the fair and equitable sharing of the benefits arismgOc: of their use, in harmony with the Convention on 3iologica! Diversity, for sustainable agriculture and feed security.

1.2 These objectives will be attained by closeiy linking this Treaty to the Food and Agriculture Organization of the United Nations and to the Convention on Biological Diversity.

Article 2-Use of terms

For the purpose of this Treat/, the following terms shall have the meanings hereunder assigned to them. These definitions are not intended to cover trade in commodities:

"In situ conservation" means the conservation of ecosystems and natural habitats and the maintenance and recovery of viable populations of species in their natural surroundings and. in the case of domesticated or cultivated piant species, in the surroundings where thev have developed their distinctive properties.

"£r situ conservation" means the conservation of piant genetic resources for food and asricuiture outside their natural habitat

"Plant genetic resources for food and agriculture" means any genetic material of plant origin of acruai or potential value for food and agriculture. y^r<^

"Genetic material" means any material of piant of.sin, including rctjroductiv/SrmVeSar^AA propagating material, containing functional units of heredity. ' /^/^v<\i\A^AVN

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of appropriate technologies for this purpose with a view to improving the sustainable use of plant genetic resources fcr food and agriculture;

(f) Monitor the maintenance of the viability, degree of variation, and die genetic integrity of collections of piant genetic resources for food and agriculture.

5.2 Tne Contracting Parties shall, as appropriate, take steps to rrrinirrize or. if possible, eiimmate threats to plant genetic resources for food and agriculture.

article β - Sustainable Use of Plant Genetic Resonrces

6.1 Tne Contracting Parties shall develop and maintain appropriate policy and legal measures that promote the sustainable use of plant genetic resources for food and agriculture.

6.2 The sustainable use of plant genetic resources for food and agriculture may include such measures as:

(a) pursuing fair agricultural policies that promote, as appropriate, the development and maintenance of diverse farming systems that enhance the sustainable use of agricultural biological diversity and other natural resources;

(b) strengthening research which enhances and conserves biological diversity by maximizing intra- and inter-specific variation for the benefit of farmers, especially those who generate and use their own varieties and apply ecological principles in maintaining soil fertility and in combating diseases, weeds and pests;

(c) promoting, as appropriate, plant breeding efforts which, with the participation of farmers, particularly in developing countries, strengthen the capacity to develop varieties particularly adapted to social; economic and ecological conditions, including in marginal areas;

(d) broadening the genetic base of crops and increasing die range of genetic diversity ■ available to farmers;

(e) promoting, as appropriate, the expanded use of local and locally adapted crops, varieties and underutilized species;

• (f) supporting, as appropriate, the wider use of diversity of varieties and species in on-farm management, conser/ation and sustainable use of crops and creating strong links to plant breeding and agricultural development in order to reduce crop vulnerability and genetic erosion, and promote increased world food production comparible with sustainable development; and

(g) reviewing, and, as appropriate, adjusting breeding strategies and regulations concerning variety release and seed distribution.

Article 7 - National Commitments and International Cooperation

7.1 Each Contracting Party shall, as appropriate, integrate into its agricuInaC^^^^N development policies and programmes, activities referred to in Articles 5 and 6_}/T£^eoflpets^£v with other Contracting Pa organizations, in the conservation aariculture.

programmes, activities referred to in Articles 5 and 6,/feicpepetst^V Parties, directly or through FAO and _;o±=r releva^/i&cin^^ul\ ^ iervation and sustainable use of plant genetic resources |for^ ant} j \

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International cooperation shall, in particular, be directed to:

esmblishing or strengthening the capabilities of developing countries and countries with economies in transition with respect to conservation and sustainable use of plant genetic resources for food and agriculture;

enhancing international activities to promote conservation, evaluation, documentation, genetic enhancement, plant breeding, seed multiplication; and sharing, providing access to, and exchanging, in conformity with Pan IV, plant genetic resources for food and agriculture and appropriate information and technology;

maintaining and strengthening the institutional arrangements provided for in Pan V; and implement the funding strategy of .Article 18.

Article 8 - Technical Assistance

Tne Contracting Parties agree to promote the provision of technical assistance to Contracting Parties, especially those that are developing countries or countries with economies in transition, either bilaterally or through the appropriate international organizations, with the objective of facilitating the implementation of this Treaty.

PART ΠΙ - FARMERS' RIGHTS

Article 9 - Farmers' Rights

9.1 Tne Contracting Parties recognize the enormous contribution that the local and indisenous communities and farmers of all regions of the world, particularly those in the centres of origin and crop diversity, have made and will continue to make for the conservation and development of plant genetic resources which constitute the basis of food and agriculture production throughout the world.

9.2 The Contracting Parties agree that the responsibility for realizing Farmers'.Rights, as they relate to plant genetic resources for food and agriculture, rests with national governments. In accordance with their needs and priorities, each Contracting Party should, as appropriate, and subiect to its national legislation, take measures to protect and promote Farmers' Rights, including:

(a) protection of traditional knowledge relevant to piant genetic resources for food and agriculture;

(b) the right to equitably participate in sharing benefits arising from the utilization of piant genetic resources for food and agriculture; and

(c) the right to participate in making decisions, at the national level, on matters related to_the_i. conservation and sustainable use of plant genetic resources for food and agriculture. C ^~X::.

93 Nothing in this Article shall be interpreted to limit any rights that fanners have, to_save, use, exchange and sell farm-saved seed/propagating material, subject to national lawtand as-_-. appropriate.

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PART τν - THE MTTLTTT^TTO 4Τ svsraw n_F ^CESS and Rrvrrn-.SMi»r_T Article ULsMnifflattai W-π of ₃„η b^.^;^

10.1 In their relationships with other States, the Contracting Parties recognize the sovereign rights of States over their own plant genetic resources for food and agriculture, including mat the authority to determine access to those resources rests with national governments and is subject to aational legislation.

102 In the exercise of their sovereign rights, the Ccmtracting Parties agree to establish a multilateral system, winch is eScient, effective, and transoareax, bom to facilitate access to piant genetic resources for food and agriculture, and to share, in a fair and equitable way, the benefits arising from the utilization of these resources, on a complementary and mutually reinforcing basis.

Article Π - (Vera°* of the Multilateral W»_T

11.1 La furtherance of the objectives of conservation and suresinable use of plant genetic resources for food and agriculture and the fair and equitable sharing of benefits arising out of their use, as stated in Article I, the Multilateral System shall cover the plant genetic resources for food and agriculture listed in Annex I, established according to criteria of food security and interdependence.

.112 The Multilateral System, as identified in Article 11.1, shall include afl plant genetic resources for food and agriculture listed in Annex I that are under the management and control of the Contracting Parties and in the public domain. With a "view to achieving the fullest oossfole coverage of the Multilateral System, the Contracting Parties invite all other holders of die plant genetic-sources for food and agriculture listed in Annex I to include these plant genetic ' resources for food and agriculture in the Multilateral System.

11J Contracting Parties also agree to take appropriate measures to encourage natural and-legal persons within their jurisdiction who hold plant genetic resources for food and agriculture listed in Annex I to include such plant genetic resources for food and agriculture in the Multilateral System.

11.4 Within two years of the entry into force of the Treaty, the Governing Body shall assess the progress in including the plant genetic resources for food and agriculture referred to in paragraph 1U in the Multilateral System. Following this assessment, the Governing Body shall ■ decide whether access shall continue to be facilitated to those natural and legal persons referred to in paragraph t U mat have not included these plant genetic resources for food and agriculture in the Multilateral System, or take such other measures as it deems appropriate.

11.5 Tne Multilateral System shall also include the piant genetic resources for food and agriculture listed in Annex I and held in the ex situ collections of the International Agricaitural Research Centres of the Consultative Group on International Agricultural Research (CGIAR), as provided in Article 15.1a, and in other international institutions, in accordance with Article 15 J.

Article 12 - Fadmatgd access to Plant «cneffr rrwurce* far fanrf _Md ayricnftqre

Multilateral {frtf cm

12.1 The Contracting Parties agree that facilitated access to plant genetic and agriculture under the Multilateral System, as defined in Article 11, shall with the provisions of this Treaty.

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12.2 Tne Contracting Paries agree to take ±e necessary legal or other appropriate measures :o provide such access to other Contracting Paries through the Multilateral System. To this effect, such access shall also be provided to legal and natural persons under the jurisdiction of any Contracting Party, subject to the provisions of .Article 11.4.

12.3 Such access shall be provided in accordance with the conditions below:

(a) Access shall be provided solely for the purpose of utilization and conservation for research, breeding and training for food and agriculture, provided that such purpose does not include chemical, pharrnaceuticai and/or other non-food/feed industrial uses, in the case of multiple-use crops (food and non-food), their importance for food security should be the determinant for their inclusion in the Multilateral System and avaiiabuny for facilitated access.

(b) Access shall be accorded expeditiously, without the need to Tack individual accessions and free of charge, or, when a fee is charged it shall not exceed the τητηίττ»! cost involved:

(c) All available passport data and, subject to applicable law, any other associated available non-confidential descriptive information, shall be made available with the plant genetic resources for food and agriculture provided:

(d) Recipients shall not claim any intellectual property or other rights that limit the facilitated access to the plant genetic resources for food and agriculture, or their genetic pans or components, in the form received from the Multilateral System;

(e) Access to plant genetic resources for food and agriculture under development, including material being developed by farmers, shall be at the discretion of its developer, during the period of its development;

(f) Access to plant genetic resources for food and agriculture protected by inteilecmal and " other property rights shall be consistent with relevant international agreements, and with

relevant national laws;

(g) Plant genetic resources for food and agriculture accessed under the Multilateral System and conserved shall continue to be made available to the Multilateral System by the recipients of those plant genetic resources for food and agriculture, under the terms of this Treaty, and

(h) Without prejudice to the other provisions under this Article, the Contracting Parties agree that access to plant generic resources for food and agriculture found in in siiu conditions will be provided according to national legislation or, in the absence of such legislation, in accordance with such standards as may be set by the Governing 3otiy.

12.4 To this effect, facilitated access, in accordance with Articles 12.2 and 122 above, shall be provided pursuant to a standard material transfer agreement (MTA), which shall be adopted by the Governing Body and contain the provisions of Articles 12.3a, d and g, as well as the benefit-sharing provisions set forth in Article 132d(ii) and other relevant provisions of this Treaty, and the provision that the recipient of the plant genetic resources for food and agriculture shall require that the conditions of the MTA shall apply to the transfer of plant genetic rcsources^^ffi^ai agriculture to another person or entity, as well as to any subsequent tnmsferj_/o^mt^^isij genetic resources for food and agriculture. A^vV

12.5 Contracting Parties shall ensure that an opportunity to seek recp^irse'js^ava^bie,.. consistent with applicable jurisdictional requirements, under their legal sy^erns_K^;C2ji^of^

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contractual disputes arising under such MTAs, recognizing that obligations arising under such MTAs rest exclusively with the parties a those MTAs.

12.6 In emergency disaster situations, the Contracting Parties agree to provide facilitated access to appropriate plant genetic resources for food and agriculture in the Multilateral System for die purpose of contributing to the re-establishment of agricultural systems, in cooperation with disaster relief coordinators.

Article 13 - Benefit-sharm? in the Multilateral Svstem

13.1 Tne Contracting Parties recognize that facilitated access to piant genetic resources for food and agriculture which are included in the Multilateral System constitutes itself a major benefit of the Multilateral System and agree that benefits accruing therefrom shall be shared fairly and equitably in accordance with the provisions of this Article.

13.2 The Contracting Parties agree that benefits arising from the use, mcluding commercial, of plant genetic resources for food and agriculture under the Multilateral System shall be shared fairly and equitably through the following mechanisms: the exchange of information, access to and transfer of technology, capacity-building, and the sharing of die benefits arising from commercializarion, taking into account the priority activity areas in the rolling Global Plan of Action, under the guidance of the Governing Body:

(a) Exchange of information:

Tne Contracting Parties agree to make available information which shall, inter alia, encompass catalogues and inventories, mfonnation on technologies, results of technical, scientific "and socio-economic research, mcluding characterization, evaluation and utilization, regarding those plant genetic resources for food and agriculture under the Multilateral System. Such information shall be made available, where non-confidential, subject to applicable law and in accordance with national capabilities. Such information shall be made available to all Contracting Parties to this Treaty through the information system, provided for in Article 17.

(b) Access to and transfe* of technology

(i) The Contracting Parties undertake to provide and/or facilitate access to technologies for the conservation, characterization, evaluation and use of plant genetic resources for food and agriculture which are under the Multilateral System Recognizing that some technologies can only be transferred through genetic material, the Contracting Parties shall provide and/or facilitate access to such technologies and genetic material which is under the Multilateral System and to Improved varieties and genetic material developed through the use of piant genetic resources for food and agriculture under the Multilateral System, in conformity with the provisions of Article 12. Access to these technologies, improved varieties and genetic material shall be provided and/or facilitated, while respecting applicable property rights and access laws, and in accordance with national capabilities.

(ii) Access to and transfer of technology to countries, especially countries and countries with economies in transition, shall be carpi a set of measures, such as the establishment and τα&^-'" participation in, crop-based thematic groups on uriiizarion^pK

resources for food and agriculture, all types of parmcrshni ha development and in commercial joint ventures relating to thfi~ human resource development, and effective access to research 1

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(iii) Access ίο and rasfer of technology is referred to in (1) and (n) above, including that protected by intellectual property rights, to developing countries that are Contracting Fames, in particular least developed countries, and countries with economies in transition, shall be provided and/or facilitated under fair and most favourable terms, in particular in the case of technologies for use in conservation as well as technologies for the benefit of farmers in developing countries, especially in least developed countries, and countries with economies, in transition, including on concessional and preferential terms where mutually agreed, inter alia, through parmerships in research and development under the Multilateral System. Such access and transfer'shall be provided* on terms which recognize and are ■ consistent with the adequate and* effective protection of intellectual property rights.

(c) Capacitv-buildmg

Taking into account the needs of developing countries and countries with economies in transition, as expressed through the priority they accord to building capacity in piant genetic resources for tood and agriculture in their plans and proerarnmes, when in ~iace. in respect of those plant genetic resources for food and agriculture covered bv die Multilateral System, the Contracting Parties agree to give priority to (i) establishing and/or strengthening programmes for scientific and technical education and training in conservation and sustainable use of plant genetic resources for food and asriculture. (ii) developing and strengthening facilities for conservation and sustainable use of piant genetic resources for food and agriculture, in particular in developing countries, and countries with economies in transition, and (iii) carrying out scientific research preferably, and where possible, in developing countries and countries with economies in transition, in cooperation with institutions of such countries, and developing capacity for such research in fields where they are needed.

(d) Sharing of monetary and other benefits of coreTnerciaiization ·

(i) The Contracting Parties agree, under the Multilateral System, to Cake measures in order to achieve commercial benefit-sharing, through the involvement of the private and public sectors in activities identified under this Article, through partnerships and collaboration, including with the private sector in deveiopir.2 countries and countries with economies in transition, in research and technology development;

(ii) Tne Contracting Parties agree that the standard Material Transfer Agreement referred to in Article 12.4 shall include a requirement that a recipient who commercializes a product that is a plant genetic resource for food and agriculture and that incorporates material accessed from the Multilateral System, shall pay to the mechanism referred to in Article 19 Jf, an equitable share of the benefits arising from the commercialization of that product, except whenever such a product is available without restriction to others for further research and breeding, in which case the recipient who commercializes shall be encouraged to make such payment.

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entry into force of this Treaty, whether the mandatory payment remnreraent in the MTA shall apply also in cases where such commercialized products are available without restriction to others for further research and breeding.

13 J The Contracting Parties agree that benefits arising from the use of plant generic resources for food and agriculture that are shared under the Multilateral System should flow primarily, directly and indirectly, to farmers in all countries, especially in o^vdoping countries, and countries with economies in transition, who conserve and sustainably utilize plant genetic resources for food and agriculture.

13.4 The Governing Body shall, at its Srst meeting, consider relevant policy and criteria for specific assistance under the agreed funding strategy established under Article 18 for the conservation of plant generic resources for food and agriculture in developing countries, and countries with economies in transition whose contribution to the diversity of plant generic resources for food and agriculture in the Multilateral System is significant and/or which have special needs. .

13.5 The Contracting Parties recognize that the ability to fully implement the Global Plan of Action, in particular of developing countries and countries with economies in transition, will depend largely upon the effective implementation of this Article and of the funding strategy as provided in Article 18.

13.6 The Contracting Parties shall consider modalities of a strategy of voluntary benefit-sharing contributions whereby Food Processing Industries mat benefit from plant genetic resources for food and agriculture shall contribute to the Multilateral Svstem.

PART V - SUPPORTING ΓΟίνΓΡΟΝΤΝΤς

Article 14 - fflqpai flan of Action

Recognizing that the rolling Global Plan of Action for the Conservation and Sustainable Use of Plant Genetic Resources for Food and Agriculture, is important to this Treaty, Contracting Parties should promote its effective implementation, including through national actions and, as appropriate, international cooperation to provide a coherent framework, inter alia, for capacity-buiiding, technology transfer and exchange of information, taking into account the provisions of Article 13.

Arricle If-T.x Situ Collections of Piant f^netic Resources for fnod and Agricaffgrc held hv the International Agricultural Research fgnfr^ of the Consultative ttronn on international Agricultural Research and other International InstfartioBS

15.1 The Contracting Parties recognize the imporance to this Treaty of the ex situ collections of plant genetic resources for food and agriculture held in lust by the International. Research Centres (IARCs) of the Consultative Group on International Agricult (CGIAR). Tne Contracting Parties call upon the IARCs to sign'agreements wit Body with regard to such ex situ collections, in accordance with the follojfruia^i conditions:

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ι) Plant genetic resources for food and agriculture listed in Annex I of das Treaty and aeiti by the IARCs shall be made available in accordance with die provisions set out in Per: IV of this Treaty.

3) Piant genetic resources for food and agriculture other than those listed in Annex I of this Treaty and collected before its entry into force that are held by IARCs shaH be made available in accordance with the provisions of the mta currently in use pursuant to agreements between the IaRCs and the FAO. This mta shall be amended by the Governing Body no later than its second regular session, in consultation with the IARCs, in accordance with the" relevant provisions of this Treaty, especially Articles 12 and 13, and under the following conditions:

(i) The IARCs shall periodically inform the foverning Body about the MTAs entered into, according to a schedule to be established by the Governing Body;

(ii) Tne Contracting Parties in whose territory the plant genetic resources for food and agriculture were collected from in rim conditions shall be provided with samples of such plant genetic resources for food and agriculture on demand, wiihout any MTA;

(iii) Benefits arising under the above MTA that accrue to the mechanism mentioned in Article 193f shall be applied, in particular, to the conservation and sustainable use of the plant genetic resources for food and agriculture in question, particularly in national and regional programmes in developing countries and countries with economies in transition, especially in centres of diversity and the least developed countries; and

(iv) Tne IARCs shall take appropriate measures,- in accordance with their capacity, to maintain effective compliance with the conditions of the MTAs, and shall prompdy inform the Governing Body of cases of non-compliance.

c) IARCs recognise the authority of the Governing Body to provide policy guidance relating to ex sim collections held by them and subject to the provisions of this Treaty.

[ά) Tne scientific and technical facilities in which such ex sim collections are conserved shall remain under the authority of the IARCs, which undertake to manage and administer these ex rim collections in accordance with internationally accepted standards, in particular the Genebank Standards as endorsed by the FAO Commission on Genetic Resources for Food and Agriculture.

(e) Upon request by an IARC, the Secretary shall endeavour to provide appropriate technical support.

(f) Tne Secretary shall have, at any time, right of access to the facilities, as well as right to inspect all activities performed therein directly related to the conservation and exchange of the material covered by this Article.

(g) If the orderly maintenance of these ex rim collections held by IARCs is impeded or threatened by whatever event, including force majeure, the Secretary, with the approval of the host country, shall assist in its evacuation or Tansfer^to the extent possible.

152 The Contracting Parties agree to provide facilitated access to plant gene food and agriculture in Annex I under the Multilateral System to IARCs of ie^G&^Sss^a^. sisned asreements with the Governing Body in accordance with this Treaty. jj&ucSX *~' ""ⁿ be included in a list held by the Secretary to be made available to the Coigicrin reauest " "

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15.3 The material other than that listed in AnnexI, which is received and conserved by IARCs after the corning into force of this Treaty, shall be available fcr access on terms consistent with those mutually agreed between the IARCs that receive the material and the country of origin of such resources or the country- that has acquired those resources in accordance with the Convention on Biological Diversity or other applicable law.

15.4 Tae Contracting Parties are encouraged to provide IARCs that have signed agreements with the Governing Body with access, on mutually agreed terms, to plant genetic resources for food and agriculture not listed in Annex I that are imnortant to the arogrammes and activities of the IARCs.

15.5 The Governing 3ody will also seek to establish agreements for the purposes stated in this Article with other relevant international institutions.

Article 16 - International Plant Generic Resource NVrwnrfo

16.1 Existing cooperation in international plant genetic resources for food and agriculture networks will be encouraged or developed on the basis of existing arrangements and consistent with the terms of this Treaty, so as to achieve as complete coverage as possible of piant genetic resources'for food and agriculture.

16.2 The Contracting Parties will encourage, as appropriate, all relevant institutions, including governmental, private, ηση-governrnental, research, breeding and other institutions, to participate m the international networks.

Article 17-The Global Information System on Plant Genetic Resonrr»s for Food and Agriculture

17.1 The Contracting Parties shall cooperate to develop and strengthen a global information system to facilitate the exchange of information, based on existing imbrmation sysras, on scientific, technical and environmental matters related to plant genetic resources for food and agriculture, with the expectation that such exchange of information wfll contribute to the sharing of benefits by making information on piant genetic resources for food and agriculture available to all Contracting Parties. In developing the Global Information System, cooperation will be sousht with the Clearing House Mechanism of the Convention on Biological Diversity.

17.2 Based on notification by the Contracting Parties, early warning should be provided about hazards that threaten the efficient maintenance of plant genetic resources for food and agriculture, with a view to safeguarding the material.

17.3 The Contracting Parties shall cooperate with the Commission on Genetic Resources for Food and Agriculture of die FAO in its periodic reassessment of the state of the world's plant genetic resources for food and agriculture in order to facilitate the updating of the rolling Global Plan of Action referred to in .Article 14.

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PART VI - FINANCIAL PROVISIONS

Article IS-Financial Resources

18.1 The Contracting Parties undertake to implement a funding strategy implementation of this Treaty in accordance with the provisions of this Article.

for the

18.2 Tne objectives of the funding strategy shall be to enhance die availability, transparency, efficiency and effectiveness of the provision of financial resources to implement activities under this Treaty.

18.3 In order to mobilize funding for priority activities, plans and programmes, in particular in developing countries and countries with economies in transition, and taking the Global Plan of Action into account, the Governing Body shall periodically establish a target for such funding.

1S .4 Pursuant to this funding strategy: '

(a)

GO

Tne Contracting Parties shall take the necessary and appropriate measures within the Governing Bodies of relevant international mechanisms", funds and bodies to ensure due priority and attention to die effective aflocation of predictable and agreed resources for the implementation of plans and programmes under this Treaty.

The extent to which Contracting Parties that are developing countries and Contracting Parties with economies in transition will effectively implement their commitments under this Treaty will depend on the effective allocation, particularly by the developed country Parties, of the resources referred to in this Article. Contracting Parties that are developing countries and Contracting Parries with economies in transition will accord due priority in their own plans and programmes to building capacity in plant genetic resources for food and agriculture.

(c)

(e)

(f)

Tne Connecting Parties that are developed countries, also provide, and Contra Parties that are developing countries and Contracting Parties with economies in transition avail themselves of, financial resources for the implementation of this Treaty through bilateral and regional and multilateral channels. Such channels shall include the mechanism referred to in Article 19 J-f.

Each Contracting Party agrees to undertake, and provide financial resources for national activities for the conservation and sustainable use of plant genetic resources for food and agriculture in accordance with its national capabilities and financial resources. Tie financial resources provided shall not be used to ends inconsistent with this Treaty, in particular in areas related to international trade in commodities.;

Tne Contracting Parties agree that the financial benefits arising from Article 13 2d are part of the funding strategy.

Voluntary contributions may also be provided by Contracting Parties, die priyaja^se^ror, taking into account die provisions of Article 13. non-goveiamental oraa&^agBj^flS, other sources. The Contracting Parties agree that the Governing Bo&tylm*~&S^ ■ modalities of a strategy to promote such contributions; rfe.K \'v

npleug.naaon qfagreed *

18.5 Tne Contracting Parties agree that priority will be given to the implen

plans and programmes for farmers in developing countries, especially in^eisX-^^ countries, and in countries with economies in transition, who conserve and scStainibiy utili/^y

plant genetic resources for food and agriculture.

v

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PART Vn - ES'STTnJTIONAL PROVISIONS Article TP - Gowrnjno Bnfo

19.1 A Governing Body for this Treaty is hereby established, comcosed of aD Contracting Parties.

192 All decisions of the Goyenmg Body shall be taken by consensus unless by consensus another method of arriving at a decision on cerctin measures is reached, except that consensus shall always be required in relation to Articles 23 and 24.

19.3 The functions of the Governing Body shall be to promote the fufl imclementaticn of this Treaty, keeping in view its objectives, and, in particular, to:

(a)

(b) (c)

(Φ W

(:")

GO.

(0

G)

GO

(1)

(m)

provide policy direction and guidance to monitor, and adopt such recornmencanonsi as necessary for the implementation of this Treaty and in particular, for the operation of the Multilateral System;

adopt plans and programmes for the implementation of this Treaty,

adopt, at its first session, and periodically review the funding strategy for the implementation of this Treaty, in accordance with the provisions of Article 18;

adopt the budget of this Treaty,

consider and establish subject to the avauabiiiry of necessary funds such subsidiary bodies as may be necessary, and their respective mandates and composition;

establish, as needed an appropriate mechanism, such as a Trust Account, for receiving and utilizing financial resources that will accrue to it for purposes of implementing this Treaty

establish and maintain cooperation with other relevant international organizations and aeatv bodies, mcluding in particular the Conference of the Parties to the Convention on Biological Diversity, on matters covered by this Treaty, including their participation in the funding strategy;

consider and adopt, as required amendments to this Treaty, in accordance with the provisions of Article 23;

consider and adopt, as required amendments to annexes to this Treaty, in accordance with the provisions of Article 24;

consider modalities of a strategy to encourage voluntary contributions, in particular, with reference to Articles 13 and 18;

perform such other functions as may be necessary for the fulfilment of the objectives οίί_ Treaty; " ' , ' *^

take note of relevant decisions of the Conference of the Patties to the Co ^,... Biological Diversity and other relevant international organizations and treaty bodgesiⁱ- [k^.

inform, -as appropriate, the Conference of the Parties to the Convention on mcSSgfcai Diversity and other relevant international organizations and treaty bodies oi^~ regarding the implementation of this Treaty; and

ΦΕΚ 177

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(π) approve die terms οχ" agreements wiifa tne IARCs and other international msrinitions under Article 15, and review and amend the MTA in Article 15.

19.4 Subject to Article 19.6, each Contracting Parry shall have one vote and may be represented at sessions of the Governing Body by a single delegate who may be accompanied by an alternate, and by experts and advisers. Alternates, experts and advisers may take part in the proceedings of die Governing Body but may not vote, except in the case of their being duly authorized to substitute for the delegate.

19.5 The United. Nations, its specialized agencies and the Intemational Atomic Energy Agency, as well as any State not a Contracting Parry to this Treaty, may be represented as observers at sessions of the Governing Body. Any other body or agency, whether governmental or non-governmental, qualified in fields relating to conservation and sustainable use of piant genetic resources for food and agriculture, which has informed the Secretary of its wish to be represented as an observer at a session of the Governing 3ody, may be admitted unless at least one third of the Contracting Parties present object. Tne admission and partidparion of observers shall be subject to the Rules of Procedure adopted by the Governing Body.

19.5 A Member Orgmi?ntion of FAO that is a Contracting Parry and the member states of that Member Organization that are Contracting Parties shall exercise their membership rights and fulfil their membership obligations in accordance, itaxais mmznas, with the Constitution and General Rules of FAO.

,19.7 The Governing Body shall adopt and amend, as required, its own Rules of Procedure and financial rules which shall not be inconsistent with this Treaty.

19.3 Tne presence of delegates representing a majority of the Contracting parties shall be necessary to constitute a quorum at any session of the Governing Body.

19.9 Tne Governing Body shall hold regular sessions at least once every two years. Tiese sessions should, as far as possfole, be held back-to-back with ±e regular sessions of the Corsnission on C^etic Resources for Food and Agriculture.

19.10 Special Sessions of the Governing 3ody shall be held at such other times as may be deemed necessary by the Governing Body, or at the written request of any Contracting Party, provided thai this request is supported by at least one third of the Contracting Parties.

19.11 Tne Governing Body shall elect its Chairperson and Vice-Chairpersons (collectively referred to as "the 3ureau"), in comonnity with its Ruics of Procedure.

Article 20 - Secretary

20.1 The Secretary of the Governing 3otiy shall be appointed by the Director-General of FAQ, with the approval of the Governing Body. Tae Secretary shall be assisted by such staff as may be reouired.

202 Tne Secretary shall perform the following functions: (a)

arrange for and provide administrative support for sessions of the Governing any subsidiary bodies as may be established;

assist the Governing Body -in carrying out its functions, including the be^rmariGe' specific tasks mat the Governing Body may decide to assign to it; \<\

report on its activities to the Governing Body.

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202 The Secretary shall commuriicate :o all Contacting Parties and to the Directcr-General:

(a) decisions of the Governing Body "within secy days of adoption;

(b) mfoirnation received from Contracting Parties in accordance with the provisions of this Treaty. ·

20.4 The Secretary shall provide documentation in die six languages of the United Nations for sessions of the Governing Body.

20.5 The Secretary shall cooperate with other organizations and treaty bodies, mciudinz in particular the Secretariat of the Convention on Biological Diversity, in achieving the objectives of this Treaty.

Article 21 - Compliance

The Governing Body shall, at its first meeting, consider and approve cooperative and effective procedures and operational mechanisms to promote compliance with die provisions of this Treaty and to address issues of non-compliance. Tnese procedures and mechanisms shall include monitoring, and offering advice or assistance, including legal advice or legal assistance, when needed, in particular to developing countries and countries with economies in transition.

Article 22 - Settlement of Dispntes

22.1 In the event of a dispute between Contracting Parties concerning the interpretation or application of this Treaty, the parties concerned shall seek solutions by negotiation.

222 If the parties concerned cannot reach agreement by negotiation, they may jointly seek da good offices of, or request mediation by, a third parr/.

22.3 .When ratifying, accepting, approving or acceding to this Treaty, or at any time thereafter, a Contracting Party may declare in writing to the Depositary that for a dispute not resolved in accordance with Article 22.1 or Article 22.2 above, it accepts "one or both of the following means of dispute settlement as compulsory:

(a) Arbitration in accordance with the procedure laid down in Part I of Annex II to this Treaty;

(b) Submission of the dispute to the International Court of Justice.

22.4 If the parties to the dispute have not, in accordance with Article 222 above, accepted the same or any procedure, die dispute shall be submitted to conciliation in accordance with Pan 2 of Annex Π ω this Treaty unless the parties otherwise agree.

Article 23 - Amendments of the Treaty

23.1 Amendments to this Treaty may be proposed by any Contracting Party.

232 "Amendments to this Treaty shall be adopted at a session of die Governing 3< any proposed amendment shall be commuricated to Contracting Parties by the Secret months before the session at which it is proposed for adoption.

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22.4 Any amendment adopted by the Gjveramg Body shall come into force among Contracting Parties having ratified, accepted or approved it on the ninetieth day after the deposit of instruments of ratification, acceptance or approval by two-thirds of the Contracting Parties. Thereafter the amendment shall enter into force for any other Contracting Party on the ninetieth day after that Contracting Parry deposits its mstmmcnt of ratification, acceptance or approval of the amendment

23.5 For the purpose of this Article, an instrument deposited by a Member Organization of FAO shall not be counted as additional to those deposited by member states of such an organization

Article 24 - Annexes

24.1 The annexes to this Treaty shall form an integral part of this Treaty and a reference to this Treaty shall constitute at the same time a reference to any annexes thereto.

24.2 The provisions of Article 23 regarding amendments to this Treaty shall apply to the amendment of annexes.

Article 25 - Signature

This Treaty shall be open for signature at the FAO from 3 November 2001 to 4 November 2002 by all Members of FAO and any 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.

Article 26 - Ratification. Acceptance or Approval

This Treaty shall be subject to ratification, acceptance or approval by the Members and non-Members of FAO referred to in Article 25. Insiruments of ratification, acceptance, or anoroval shall be deposited with me Depositary.

Article 27 - Accession

This Treaty shall be open for accession by all Members of FAO and any 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 from the date on which the Treaty is closed for signature. Instruments of accession shall be deposited with the Depositary.

Article 23-Entry into force

2S.1 Subject to the provisions of Article 29.2, this 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.

28.2 For each Member of FAO and any State thai is not a Member of FAO but is a l/i^+ite^p. the United Nations, or any of its specialized agencies or of the International Αίοπύ^τ^^: Agency that ratines, accepts, approves or accedes to this Treaty after the deposit, in^g^Ojyance; with .Article 2S.1, of the fortieth instrument of ratification, acceptance, approval or agasaqn^tfie

3638

with Article 23.1, οι the ioraeth instrument of rarincanon. acceptance, anorovai or accession, the Treaty shall enter into force on the ninetieth day following the deposit of its instrument of ratification, acceptance, approval or accession.

Article 29 - Memh»r Orgs nrriA.^ rff^Q

29.1 When a Member Organization of FAO deposits an nspaaca of ratification, acceptance, approval or accession for this Treaty, the Member Organization shall, in accordance with the provisions of Ardcie Π.7 of the FAO Constitution, notify any change regarding its osmbution of competence to its declaration of competence submitted under Article H5 of the FAO Constitution as may be accessary in light of its acceptance of this Treaty. Any Coat, acting Parry to tins Treaty may, at any time, request a Member Organization of FAO that is a Contracting Parry to ibis Treaty to provide information as to which, as between the Member Organization and its member states, is responsible for the implemenlation of any particular matter covered by tins Treaty. The Member Organization shall provide tins information within a reasonable time. 29-2 Instruments of ratification, acceptance, approval, accession or withdrawal, deposited by a Member Organization of FAO, shall not be counted as additional to those depositee by its Member States.

No reservations may be made to fins'Treaty.

Article 3T - Nan-Part^

Tne Contracting Parties shall encourage any Member of FAO or other State, not a Contracting Parry to this Treaty, to accept tins Treaty.

Article 32-Wrthrfrawah

32.1 Any Contracting Parry may at any time after two years from die date on winch tins Treaty has entered into force for it, notify the Depositary in writing of its withdrawal from this Treaty. Tne Depositary shall at once inform all Contracting Parties.

322 Withdrawal shall take effect one year from the date of receipt of the notification.

Anfcte 33 -Tcnnjmrttett

33.1 This Treaty shall be automatically terminated if and when, as die result of withdrawals, the oumber of Contracting Parties drops below forty, unless the remaining Contracting Parties unanimously decide otherwise.

33.2 The Depositary "shall inform all remaining Contacting Parties when Contracting Parties has dropped to forty.

333 In fite event of termination the disposition of assets shall be governed rules to be adopted by the Governing Body.

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Article 3^ - Depositary The Director-General of FAO shall be the Depositary of this Treaty.

Article 3~ - Authentic Texts

Tne Arabic, .Chinese,- English, French, Russian and Spanish texts of tins Treaty are equally authentic.

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3641

3642

ANNEX Π

Parti

ARBITRATION

Ardcie I

The claimant party shall notify the Secretary mat the parties to the dispute are referring it to arbitration pursuant to Article 22. The notification shall sate the subject-matter of arbitration and include, in particular, the articles of this Treaty, the interpretation or application of which are at issue. If the parties to the dispute do not agree on the subject matter of the dispute before the President of the tribunal is designated, the arbitral xlbunal shall determine die rubject matter. Tae Secretary shall forward the information thus received to all Contracting Parties to this Treat/.

Article 2

t. In disputes between two parties to the dispute, the arbitral tribunal shall consist of three . members. Each of the parties to the dispute shall appoint an arbitrator and die two arbitrators so appointed shall designate by common agreement the third arbitrator who shall be the President of the tribunal. The latter shall not be a national of one of the parties to the dispute, nor have his or her usual place of residence in die territory of one of these parties to the dispute, nor be employed by any of mem, nor have dealt with die case in any other capacity.

2. In disputes between more than two Contracting Parties, parties to die dispute with the same interest shail appoint one arbitrator jcindy by agreement

3.. Any vacancy shall be filled in the manner prescribed for the initial appointment.

Article 3

1. If the President of the arbitral tribunal has not been designated within two months of the appointment of the second arbitrator, the Director-General of FAO shall, at the request of a party to the dispute, designate die President within a further two-month period.

2. If one of the parties to die dispute does not anooint an arbitrator within two months of receipt of the request, die other parry may inform tile Director-General of FAO who shall make the designation within a further two-month period.

~. . Article 4

Tne arbitral tribunal shall render its decisions in accordance with the provisions international law. .

3643

3644

Article 12

Decisions both on procedure and substance of the arbitral -nouna! shall be taken by a majority vote of its members.

Article 13

If one of the panes to the dispute does not appear before the arbitral tribunal or tans to defend its case, the other parry may request the tribunal to continue die proceedings and to ™lr* its. award. Absence of a party to the dispute or a failure of a party to the dispute to defend its case shall not constitute a bar to the proceedings. Before rendering its final decision, the arbitral tribunal must satisfy itself that the claim is well founded in fact and law.

Article 14

Tne tribunal shall render its final decision within five months of the date on which it is fully constituted unless it finds it necessary to extend the time-limit for a period which should not exceed five more months.

Article 15

Tne final decision of the arbitral tribunal shall be confined to the subject-matter of the dispute and shall state the reasons on which it is based. Ifshall contain the names of the members who have participated and the date of the final decision. Any member of the tribunal may attach a separate or dissenting opinion to the final decision.

Article 16

Tne award shall be binding on the parties to the dispute. It shall be without appeal unless th< parties to the dispute have agreed in advance to an appellate procedure.

Article 17

Any controversy which may arise between the parties to the dispute as regards the mterpretation or manner of implementation of the final decision may be submitted by either party to the dispute for decision to the arbitral tribunal which rendered it.

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Par. 2 CONCIIiATiON

Article I

A conciliation commission shall be created upon the request of one of the parties to the dispute. Tne commission shall, unless the parties to the dispute otherwise agree, be composed of five members, two appointed by each party concerned and a President chosen jointly by those members.

Article 2

In disputes between more than two extracting Parties, parries to die dispute with the same interest shall appoint their members of the commission ioindy by agreement Where two or more parties to the dispute have separate interests or there is a disagreement as to whether they are of the same interest, they shall appoint their members separately.

Article 3

If any appointments by the parties to the dispute are not made within two months of the date of the request to create a conciliation commission, the Director-General of FAO shall, if asked to do so by the party to the dispute that made the request, make, those appointments within a further two-month period.

Article 4

If a President of the conciliation commission has not beer, chosen within two months of the last of the members of the cornmission being appointed, the Director-General of FAO shall, if asked to do so by a parry to the dispute, designate a President within a further two-month period.

Article 5

Tne conciliation commission shall take its decisions by majority vote of its members. It shall, unless the parties to the dispute otherwise agree, determine its own procedure. It shall render a proposal for resolution of the dispute, which the parties shall consider in good faith.

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3647

ΔΙΕΘΝΗΣ ΣΥΝΘΗΚΗ ΣΧΕΤΙΚΑ ΜΕ ΤΟΥΣ ΦΥΤΟΓΕ-ΝΕΤΙΚΟΥΣ ΠΟΡΟΥΣ ΓΙΑ ΤΗ ΔΙΑΤΡΟΦΗ ΚΑΙ ΤΗ ΓΕΩΡΓΙΑ

ΠΡΟΟΙΜΙΟ

ΤΑ ΣΥΜΒΑΛΟΜΕΝΑ ΜΕΡΗ,

ΠΕΠΕΙΣΜΕΝΑ για την ειδική φύση των φυτογενετικών πόρων για τη διατροφή και τη γεωργία και για τα ιδιαίτερα χαρακτηριστικά και προβλήματα τους που απαιτούν ιδιαίτερες λύσεις.

ΑΝΗΣΥΧΩΝΤΑΣ για τη συνεχή διάβρωση των πόρων αυτών

ΕΧΟΝΤΑΣ ΣΥΝΕΙΔΗΣΗ του γεγονότος ότι οι φυτογενε-τικοί πόροι για τη διατροφή και τη γεωργία συνιστούν σημείο κοινού ενδιαφέροντος όλων των χωρών αφού όλες εξαρτώνται σε πολύ μεγάλο βαθμό από φυτογενετικούς πόρους για τη διατροφή και τη γεωργία που προέρχονται από αλλού·

ΑΝΑΓΝΩΡΙΖΟΝΤΑΣ ότι η διατήρηση, η ανεύρεση, η συλλογή, ο χαρακτηρισμός, η αξιολόγηση και η τεκμηρίωση των φυτογενετικών πόρων για τη διατροφή και τη γεωργία παίζουν ουσιαστικό ρόλο στην πραγμάτωση των στόχων της Διακήρυξης της Ρώμης για την παγκόσμια επισιτιστική ασφάλεια και του Σχεδίου δράσης της Διεθνούς συνάντησης κορυφής για τη διατροφή, καθώς και στην αειφόρο αγροτική ανάπτυξη για την παρούσα και τις μελλοντικές γενεές, και ότι πρέπει να ενισχυθεί επειγόντως η επάρκεια των αναπτυσσόμενων χωρών και των χωρών με μεταβατική οικονομία στο θέμα αυτό·

ΛΑΜΒΑΝΟΝΤΑΣ ΥΠΟΨΗ ότι το Παγκόσμιο Σχέδιο Δράσης για τη διατήρηση και την αειφόρο χρήση των φυτογε-νετικών πόρων για τη διατροφή και τη γεωργία αποτελεί ένα αποδεκτό πλαίσιο αναφοράς σε διεθνές επίπεδο για τις δραστηριότητες αυτές·

ΑΝΑΓΝΩΡΙΖΟΝΤΑΣ ΕΠΙΠΛΕΟΝ ότι οι φυτογενετικοί πόροι για τη διατροφή και τη γεωργία αποτελούν απαραίτητη πρώτη ύλη για τη γενετική βελτίωση των καλλιεργούμενων φυτών, είτε αυτό γίνεται με την επιλογή των γεωργών, είτε με κλασσικές μεθόδους βελτίωσης των φυτών, είτε με σύγχρονες βιοτεχνολογικές μεθόδους, και ότι παίζουν ουσιαστικό ρόλο· στην προσαρμογή στις απρόβλεπτες περιβαλλοντικές μεταβολές και στις εξελίξεις των ανθρώπινων αναγκών·

ΕΠΙΒΕΒΑΙΩΝΟΝΤΑΣ ότι οι παρελθούσες, παρούσες και μελλοντικές συνεισφορές των γεωργών όλων των περιοχών του κόσμου, κυρίως όσων ζουν στα κέντρα καταγωγής και ποικιλότητας, στη διατήρηση, βελτίωση και διάθεση των πόρων αυτών, αποτελεί τη βάση των δικαιωμάτων των γεωργών·

ΕΠΙΒΕΒΑΙΩΝΟΝΤΑΣ ΕΠΙΣΗΣ ότι τα δικαιώματα που αναγνωρίζονται από την παρούσα συνθήκη για διατήρηση, χρήση, ανταλλαγή και πώληση σπόρων αγροκτήματος και άλλου πολλαπλασιαστικού υλικού και συμμετοχή στη λήψη αποφάσεων σχετικά με τη χρησιμοποίηση των φυ-τογενετικών πόρων για τη διατροφή και τη γεωργία, καθώς και σωστή και δίκαιη διανομή των προκυπτόντων ωφελημάτων, αποτελούν θεμελιώδες στοιχείο της υλοποίησης των δικαιωμάτων των γεωργών καθώς και της προώθησης των δικαιωμάτων των γεωργών σε εθνικό και διεθνές επίπεδο·

ΑΝΑΓΝΩΡΙΖΟΝΤΑΣ ότι η παρούσα συνθήκη και άλλες

σχετικές διεθνείς συμφωνίες θα πρέπει να είναι συμπληρωματικές για να διασφαλιστεί η βιωσιμότητα της γεωργίας και η επισιτιστική ασφάλεια·

ΕΠΙΒΕΒΑΙΩΝΟΝΤΑΣ ότι κανένα σημείο της παρούσας συνθήκης δεν πρέπει να ερμηνευτεί ότι επιφέρει, με οποιοδήποτε τρόπο, τροποποίηση των δικαιωμάτων και υποχρεώσεων των συμβαλλόμενων μερών δυνάμει άλλων διεθνών συμφωνιών·

ΕΚΤΙΜΩΝΤΑΣ ότι τα ανωτέρω αναφερόμενα δεν έχουν ως στόχο την καθιέρωση κάποιας ιεραρχίας μεταξύ αυτής της συνθήκης και άλλων διεθνών συμφωνιών·

ΕΧΟΝΤΑΣ ΣΥΝΕΙΔΗΣΗ του γεγονότος ότι τα σχετικά με τη διαχείριση των φυτογενετικών πόρων για τη διατροφή και τη γεωργία θέματα βρίσκονται στο σημείο συνάντησης της γεωργίας, του περιβάλλοντος και του εμπορίου και πεπεισμένα ότι πρέπει να υπάρξει συνεργεία μεταξύ των τομέων αυτών·

ΕΧΟΝΤΑΣ ΣΥΝΕΙΔΗΣΗ των ευθυνών τους απέναντι στην παρούσα και τις μελλοντικές γενεές για διατήρηση της παγκόσμιας ποικιλότητας των φυτογενετικών πόρων για τη διατροφή και τη γεωργία·

ΑΝΑΓΝΩΡΙΖΟΝΤΑΣ ότι κατά την άσκηση των κυριαρχικών τους δικαιωμάτων στους φυτογενετικούς τους πόρους για τη διατροφή και τη γεωργία, τα κράτη μπορούν να επωφεληθούν αμοιβαίως από τη δημιουργία ενός αποδοτικού πολυμερούς συστήματος που θα διευκολύνει την πρόσβαση σε ένα διαπραγματεύσιμο μέσος των πόρων αυτών και τη σωστή και δίκαιη διανομή των ωφελημάτων που απορρέουν από τη χρησιμοποίησή τους και·

ΕΠΙΘΥΜΩΝΤΑΣ να συναφθεί μια διεθνής συμφωνία στο πλαίσιο του οργανισμού των Ηνωμένων Εθνών για τη διατροφή και τη γεωργία, εοεξης καλούμενου FAO, δυνάμει του άρθρου XIV της ιδρυτικής του πράξεως:

ΣΥΝΟΜΟΛΟΓΟΥΝ ΤΑ ΕΞΗΣ:

ΜΕΡΟΣ Ι ΕΙΣΑΓΩΓΗ