ABSTRACT
Agriculture and biodiversity play a crucial role in the key challenges humanity
will face in the coming decades. The important issue of global food security and the
concern on country and regional interdependence on plant genetic resources for
food and agriculture helped to conclude the negotiations leading to the adoption of
the International Treaty on Plant Genetic Resources for Food and Agriculture by
the FAO Conference in 2001.
Plant genetic resources for food and agriculture are the raw material indispensable
for crop genetic improvement, whether it is done by means of farmers’ selection,
classical plant breeding or modern biotechnologies. They are distinct to other
genetic resources and essential in adapting to unpredictable environmental changes
and future human needs.
The International Treaty establishes, in Part IV, a Multilateral System of
Access and Benefit-sharing to provide facilitated access to a number of plant
genetic resources for food and agriculture. Article 12 specifies that the facilitated
access is provided pursuant to a Standard Material Transfer Agreement (SMTA).
This is a standardized contract that favours the actual transfer of the materials by
simplifying the negotiation process, reducing transactions costs, and shortening
order-to-delivery time.
The adoption of the Treaty was the first and most important step for the
establishment of the Multilateral System. However, its entry into force in June
2004 was not enough for the gene pool to become operational and work began in
earnest to operationalize its provisions. In adopting the International Treaty, the
FAO Conference decided to establish an Expert Group to develop and propose
recommendations on the terms of the Standard Material Transfer Agreement.
Furthermore, it requested the Interim Committee of the Treaty to prepare, on
the basis of the work of the Expert Group, “a draft Standard Material Transfer
Agreement” for consideration by the Governing Body.
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