International Treaty On Plant Genetic Resources For Food and Agriculture - Negotiations and Entry Into Force

Negotiations and Entry Into Force

The treaty was under negotiation for 7 years. A previous voluntary agreement, the IU or International Undertaking on Plant Genetic Resources for Food and Agriculture, was adopted in 1983. However, the IU was reliant on the principle of genetic resources being the common heritage of humanity. The Convention on Biological Diversity (CBD) (1993) brought genetic resources under the jurisdiction and sovereignty of national governments. However, the CBD recognised the special and distinctive nature of agricultural genetic resources: they were international - crossing countries and continents - their conservation and sustainable use requires distinctive solutions and they were important internationally for food security. Subsequently the IU was renegotiated, to bring it in harmony with the CBD, and was renamed as a treaty. An account of the long process to achieve the treaty called Negotiating the Seed Treaty can be found at .

The treaty was approved during the FAO Conference (31st Session resolution 3/2001) on 3 November 2001, with 116 votes and 2 abstentions (USA and Japan). In accordance with its Article 25, it was opened for signatures until 4 November 2002 by all members of FAO or any state member of the United Nations or of the International Atomic Energy Agency. It was subject to ratification, acceptance or approval (Article 26), by all members.

The International Treaty on Plant Genetic Resources for Food and Agriculture was open to accession a year after adoption and once closed to signatures (Article 27), i.e., on 4 November 2002. 77 countries and the European Union had signed the treaty by that date.

In accordance with Article 28, the treaty entered 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. Having reached the required number of instruments in order for the treaty to enter into force (40) on 31 March 2004, on which date 13 instruments (including the European Union) were deposited with the Director-General of FAO, the date of entry into force was on 29 June 2004.