b'WHAT IS THE FUTUREOF THE ITPGRFA? HAS ACCESS TO PLANT BREEDING MATERIAL BECOME TOO COMPLEX?N ew enhanced plant varieties have undoubt- The dream has not come true and the aim has edly played a significant role regardingnot been reached. Even worse, it looks like it will food security worldwide. A lot has beenremain unreachable for the foreseeable future. achieved. However, we are living in the time of cli- Despite the three meetings of the ad hoc open-mate change and the need to breed adapted seedended working group to enhance the functioning of varieties was never higher than today if were goingthe multilateral system in 2018 and 2019, where a to maintain the current level of food security andlot of detailed questions on the current SMTA were have any chance of improving it. discussed, no consensus could be reached among To guarantee the continuous further develop- the parties on mainly two important aspects: the ment of varieties, it is necessary that the accesspayment rates and the inclusion of digital sequence MICHAEL MUSCHICK to breeding material needs to be as free as possi- information in the scope of the ITPGRFA.FORMER HEAD OFble. Breeding material has a wide range from wildSeveral different options have been put for-GERMPLASM, LEGAL & IP,relatives of crops up to commercial seed varieties,ward to the GB with the hope to still find a com-SYNGENTA of which some are protected by intellectual prop- promise. Sadly, it doesnt seem possible. In the MEMBER, ISF SUSTAINABLEerty (IP) tools. In order not to make the access toreport of the eighth GB meeting, the discussions AGRICULTURE COMMITTEEbreeding material more complicated than neces- and efforts were summarised in one sentence: The MEMBER, ESA BIODIVERSITYsary, most of the Plant Variety Protection (PVP)Governing Body could not, at this Session, reach WORKING GROUPlaws allow free access to IP-protected commercialconsensus on measures to enhance the functioning seed varieties for further breedingthe so-calledof the Multilateral System. breeders exemption. Good advice is important now as we move for-However, with the establishment of theward. Convention of Biological Diversity (CBD) in 1993,An increasing number of countries are ratify-the access to certain germplasm requires negoti- ing laws following the Nagoya Protocol and imple-ation with single governments and the signing ofmenting more strict enforcement of access laws on contracts (with PIC = prior informed consent anda national level. Add to this the implementation of MAT = mutual agreed terms) before accessing thecompliance measures at the point of commercial-material. This without question complicates theization of new seed varieties, and the breeding of access to breeding material for any plant breedernew varieties has become very complicated. coming from the public or the private sector, com- Currently, breeding material can be regulated pared to a situation where all plant material couldunder the ITPGRFA, as well as under contracts be accessed without any obligations.following the Nagoya Protocol. The progeny of The International Treaty with its multilateralthe crosses can be encumbered by both, and the system and with its Standard Material TransferNagoya Protocol contracts can pile up for just one Agreement (SMTA) has been considered a facili- variety. As a result, benefit sharing requirements tated way of accessing breeding material withoutwill increase and the sum that needs to be paid as ignoring the access and benefit principle. Thisbenefit sharing is likely to eat up any profit margin, should make a significant contribution to ensure thenot to mention the administration efforts that are rapid further breeding of enhanced seed varieties. becoming more complex. In truly global breeding This was the starting point for negotiationareas like the vegetable sector, this will create sig-over the last six years when high hopes were putnificant challenges in the future. forward leading up to the eighth meeting of theThe breeding sector will need a multilateral Governing Body of the ITPGRFA to enhance thesystem like the ITPGRFA, which includes all plant functioning of the multilateral system and to revisebreeding material globally, if plant breeding is to the current SMTA substantially. Held in Novemberremain attractive. However, with the current stand-2019, the most important aim to be achieved wasstill, a lot of further discussion will be necessary to the extension of the ITPGRFA to all breeding mate- find a way forward.rial for all crops. These are challenging times. Governments Only one access & benefit sharing systemneed to take up the discussions again. A lot of prob-should be relevant for the overall plant breedinglems need to be addressed, solved and turned into sector, it was said. No long negotiation on contractpractical solutions. Compromises will be necessary conditions should be taking place when accessingon all sides. breeding material, was the hoped-for outcome. ItIn the words of Captain Jean-Luc Picard: was all a nice dream.Engage! EUROPEAN-SEED.COMIEUROPEAN SEED I 35'