The tenth meeting of the Ad Hoc Open-ended Working Group to Enhance the Functioning of the Multilateral System (MLS) of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) revealed continued divergence between party positions on several issues. Delegates agreed on a preliminary way forward with the draft “June 2019 package” as a starting point. The package includes a draft revised Standard Material Transfer Agreement (SMTA), amendment of Annex I (list of crops in the MLS), and a draft resolution with implementing provisions.

The Earth Negotiations Bulletin (ENB) summary report of the meeting explains that plant genetic resources for food and agriculture (PGRFA) help “increase and diversify food production and protect from pests and diseases,” while playing a key role in adaptation to evolving food production conditions due to climate change.

“The International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) established a Multilateral System (MLS) for facilitated access to a specified list of PGRFA, and monetary and non-monetary benefit-sharing from the use of these resources,” ENB writes. However, it notes, the benefit-sharing component “did not live up to expectations.” Therefore, parties convened an Ad Hoc Open-ended Working Group to Enhance the Functioning of the MLS in 2013.

While parties made significant progress during six years of negotiations, the Treaty’s Governing Body (GB) was unable to “reach consensus on the enhancement at its eighth session in 2019, nor did it agree on the formal continuation of deliberations.” Following informal consultations, in 2022, GB 9 “reestablished the Working Group with a view to finalize a package for the enhancement of the MLS by GB 11 in 2025.”

At its tenth meeting, the Working Group heard updates on informal consultations held during the intersessional period. It also reflected on changes in the international landscape since 2019, including recent decisions on access and benefit-sharing (ABS) from the use of digital sequence information/genetic sequence data (DSI/GSD) in other international fora.

Party positions remained entrenched on DSI/GSD, expansion of the list of crops in Annex I of the Treaty, and the payment structure and rates for benefit-sharing. With the draft “June 2019 package” as a starting point, the Co-Chairs’ checkpoint report will reflect the Working Group’s deliberations and include a proposal on the advancement of negotiations. GB 10, which meets in November 2023, will review the report and decide on the continuation of negotiations, including their timeline and budget.

The ENB analysis of the meeting notes that “[f]or the enhancement of the MLS to succeed, three different but equally essential elements are needed: enhancing understanding and bridging positions on controversial items; analyzing legal challenges and developing workable solutions; and, as a prerequisite, building trust among negotiators.”

The Working Group is composed of up to 27 regional spokespersons: up to five from Africa; up to five from Europe; up to five from Asia; up to five from Latin America and the Caribbean (GRULAC); up to three from the Near East; up to two from North America; and up to two from South West Pacific. Up to two representatives from each of the following groups may participate as observers: civil society; the seed industry; farmers’ organizations; and research and academia, including CGIAR.

The Working Group’s tenth session convened from 12-14 July 2023, in Rome, Italy, ahead of the 19th Regular Session of the Commission on Genetic Resources for Food and Agriculture (CGRFA). [ENB Coverage of Tenth Meeting of the Ad Hoc Open ended Working Group to Enhance the Functioning of the ITPGRFA Multilateral System] [SDG Knowledge Hub Story on the Working Group’s Ninth Meeting]