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Transcript of Providing For The Exploration, Conservation, Protection, and Sustainable Use of Plant Genetic...
Providing For The Exploration, Conservation, Protection, and
Sustainable Use of Plant Genetic Resources For Food and Agriculture,
Appropriating Funds Therefor and For Other Purposes
Executive Order ____
Table of Contents
Preamble
Chapter I. Policy of the State
Section 1 Declaration of Policy
Section 2. Sustainable Use
Section 3. Scope of Application
Chapter II. Definition of Terms
Section 4. Definition of Terms
Chapter III. Conservation and Protection of Plant Genetic Resources for Food and Agriculture
Section 5. Repository of Information and Clearing House
Section 6. Access to Plant Genetic Resources
Section 7. Cooperation with International Organizations
Table of Contents Chapter IV. Multilateral System
Section 8. Crops in the Multilateral SystemSection 9. Facilitated AccessSection 10. Disclosure of Country of OriginSection 11. Non-facilitated Access
Chapter V. Farmers’ RightsSection 12. Farmers’ RightsSection 13. Community Intellectual Property Rights
Chapter VI. Violations and PenaltiesSection 14. Unreasonable Refusal to Allow Facilitated AccessSection 15. Unauthorized Collection and Transport of Multilateral SystemSection 16. Unauthorized Collection and Transport of Non-multilateral System Crops
Table of Contents
Chapter VII. Miscellaneous Provisions
Section 17. Implementing Rules and Regulations
Section 18. International Commitments
Section 19. Appropriations
Section 20. Separability
Section 21. Repealing Clause
Section 22. Effectivity
Why an Executive Order?
serves as a domestic framework for PGRFA consistent with the Treaty
serves as framework for cooperation of stakeholders (departments, state colleges and universities, CSOs)
Takes into account existing laws and mandates of agencies
DA and agencies DENR Institute of Plant Breeding
Preamble
Wildlife, flora and fauna and other natural resources are owned by State (1987 Philippine Constitution, Art. XII, Section 2)
States have sovereign rights over their own biological resources (Convention on Biological Diversity)
Access and Technology Transfer essential to achieving conservation of biological diversity, sustainable use, and fair and equitable sharing of benefits (CBD, Articles 15 and 16), Nagoya Protocol
Domestic laws and regulations govern access to biological resources: Joint DENR-DA-PCSD-NCIP AO No 1 Series of 2005 or the Bioprospecting Guidelines
Separate Regulations on Facilitated access to plant genetic resources for food and agriculture starting with Annex I materials (International Treaty on Plant Genetic Resources for Food and agriculture)
Chapter I. Declaration of Policy Promote an integrated approach to the exploration, Promote an integrated approach to the exploration,
conservation, protection and sustainable use of plant conservation, protection and sustainable use of plant genetic resources for food and agriculturegenetic resources for food and agriculture
Recognize the enormous contribution of local and Recognize the enormous contribution of local and indigenous communities and farmers in the conservation indigenous communities and farmers in the conservation and development of such resourcesand development of such resources
a)Conserve, protect and encourage the sustainable use of plant genetic resources for food and agriculture and their habitats
b)Promote the collection of PGRFA and relevant associated information on PGR that are under threat or are of potential use
Chapter I. Declaration of Policy c) Promote and Support Farmers’ and local and indigenous
communities’ efforts to manage and conserve on-farm their PGRFA so that they can continue to be stewards and innovators of agro-biodiversity
d) Promote in-situ conservation of wild relatives and wild plants for food production, including in protected areas by supporting efforts of local and indigenous communities
e) Promote the development of an efficient and sustainable ex-situ conservation and the development and transfer of appropriate technologies for such with a view to improving the sustainable use of plant genetic resources for food and agriculture
Chapter I. Declaration of Policy
SUSTAINABLE USE:a)Pursue fair agricultural polices that promote the
development and maintenance of diverse farming systems that enhance the sustainable use of agricultural biodiversity and other natural resources
b)Strengthen 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 combating diseases, weeds and pests;
c) Promote plant breeding which strengthen the capacity to develop varieties particularly adapted to social, economic, and ecological conditions in the country, including marginal areas
d)Broaden the genetic base of crops/increase range of genetic diversity
Chapter I. Declaration of Policy
SUSTAINABLE USE:e) Promote the expanded use of locally adapted corps,
varieties and underutilized speciesf) Supporting the wider use of diversity of varieties and
species in on-farm management, conservation, and sustainable use of crops
g) Review and adjust breeding strategies and regulations
Chapter I. Declaration of Policy
SCOPE OF APPLICATION:a) Covers all plant genetic resources for food and agriculture in
the country including protected areas under RA 7586 NIPAS, marginal areas and critical habitats.
b) Will also apply to traditional knowledge associated with genetic resources within the scope of the Convention including benefits arising from the utilization of such knowledge.
c) Delineates access to PGRFA listed in annex I of the ITPGRFA and those that are not (non-Annex I PGRFA.)
d) Does not apply to ex situ collections of PGRFA which are held in trust by the International Agricultural Research Centers (IARCs) of the Consultative Group on International Agriculture Research and other international institutions provided that such research centers have executed agreement with the Governing Board of the Treaty with regard to their ex situ collections in accordance with the terms and conditions provides in the Treaty
Chapter III.Conservation And Protection Of Plant Genetic Resources For Food And Agriculture
DEPARTMENT OF AGRICULTURE
Serves as Focal Point for the Implementation of the Treaty• National repository of information on plant genetic resources
DA will survey and within one year from the effectivity of this Order, establish a databank of PGRFA found in the country, taking into account the status and degree of variation found in populations, including those that are of potential use and, as feasible, assess any threats to them
• Ensure compliance by government agencies, whether national or local, public research institutions and government-owned and controlled corporations of obligations relating to the MLS
Chap. III: Continuation
Department of Agriculture• Act as a Clearing House for purposes of communicating and
coordinating with the FAO on matters relating to the Treaty but not limited to submission of crops for inclusion in the Multilateral system
• Collaborate with the FAO and other international organizations to develop the capacity of local communities, indigenous
communities, small farmers and local scientists and researchers in conservation, protection and sustainable use of PGRFA
strengthen the Global Information System to facilitate the exchange of information on scientific and technical and environmental matters relating to PGRFA and thus the sharing of benefits accruing from such exchange
Chap. III: Continuation
ACCESS TO PLANT GENETIC RESOURCES
Categories of PGR:
• Annex I (ITPRGRFA) negotiated by Parties governed by the Multilateral System of Exchange/SMTA facilitated through the Standard Material Transfer
Agreement research, breeding and training
• All Other PGRFA or Non-Annex I access allowed only upon compliance with bioprospecting
law and regulations which required prior informed consent (RA 9147)
MTA Plus/BU Biosprospecting/Academic/Scientific Research
Chap. III: ContinuationList of Annex I Crops
Food Crops
Crop Genus Observations
Breadfruit Artocarpus Breadfruit only
Asparagus Asparagus
Oat Avena
Beet Beta
Brassica complex Brassica et.al. includes: Brassica, Amoracia, Barberea, Camelina, Crambe, Eruca, Isatis, Lepidium, Raphanobrassica,Raphanus, Rori[ppa, Sinapis, cabbage,rapeseed, mustard, cress, rocket, radish, turnip
Pigeon Pea Cajanus
Chickpea Cicer
Citrus Citrus Genera Poncirus and Fortunella are included as root stock
Chap. III: Continuation
List of Annex I CropsFood Crops
Crop Genus Observations
Coconut Cocos
Major aroids Colocasia,
Xanthosoma
Includes taro, cocoyam, dasheen and tannia
Carrot Daucus
Yams Dioscorea
Finger Millet Eleusine
Strawberry Fragaria
Sunflower Helianthus
Barley Hordeum
Sweet Potato Ipomea
Grass Pea Lathyrus
Lentil Lens
Chap. III: Continuation
List of Annex I CropsFood Crops
Crop Genus Observations
Apple Malus
Cassava Manihot Manihot esculenta only
Banana/Plantain Musa Except Musa textilis
Rice Oryza
Pearl Millet Pennisetum
Beans Phaseolus Except Phaseolus polyanthus
Pea Pisum
Rye Secale
Potato Solanum Section tuberosa included, except Solanum phureja
Eggplant Solanum Section melongena included
Sorghum Sorghum
Chap. III: Continuation
Food Crops
Crop Genus Observations
Triticale Triticosecale
Wheat Triticum et.al. Includes Agropyron, Elymus and Secale
Faba Bean/Vetch Vicia
Cowpea et.al. Vigna
Maize Zea Excludes Zea perennis, Zea diploperennis, and Zea luxurians
List of Annex I Crops
Forages
Genera Species
LEGUME FORAGES
Asragalus chinensis, cicer, arenarius
Canavalia ensiformis
Coronilla varia
Hedysarum coronarium
Latyrus cicera, ciliolatus, hirsutus, ochrus, odoratus, sativus
Lespedeza cuneata, striata, stipulacea
Lotus corniculatus, subbuflorus, uliginosus
Lupinus albus, angustifolius, luteus
Medicago arborea, falcata, sativa, scutellata, rigidula, truncatula
Meliotus albus, officinalis
Onobrychis viciifolia
Ornithopus sativus
Chap. III: Continuation
List of Annex I Crops
Forages
Genera Species
LEGUME FORAGES
Prosopis affinis, alba, chilensis, nigra, pallida
Pueraria phaseoloides
Trifolium alexandrinum, alpestre, ambiguum, angustifolium, arvense, agrocicerum, hybridum, incarnatum, pratense, repens, resupinatum, rueppellianum, semipilosum, subterraneum, vesiculosum
GRASS FORAGES
Andropogon gayamus
Agropyron cristatum, desertorum
Agrostis stolonifera, tenuis
Alopecurus pratensis
Arrhenatherum elatius
Dactylis glomerata
Chap. III: Continuation
List of Annex I Crops
Forages
GRASS FORAGES
Andropogon gayamus
Agropyron cristatum, desertorum
Agrostis stolonifera, tenuis
Alopecurus pratensis
Arrhenatherum elatius
Dactylis glomerata
Festuca arundinacea, gigantea, heterophylla, ovina, pratensis, rubra
Lolium hybridum, multiflorum, perenne, rigidum, temulentum
Phalaris aquatica, arundinacea
Phleum Pratense
Poa Alpina, annua, pratensis
Tripsacum laxum
Chap. III: Continuation
List of Annex I Crops
Forages
OTHER FORAGES
Atriplex halimus, nummularia
Salsola vermiculata
Chap. III: Continuation
List of Annex I Crops
Chapter IV. Multilateral System
The Multilateral System Crops under this Order• Based on Annex I list
• Found in the country
• Under the management and control of any government agency
• In the public domain
• In ex situ collections
• Submitted by the DA to the Governing Board for inclusion in the Multilateral System of Exchange
Chapter IV. Multilateral System
Principles in Philippine Submission of Annex I Materials to the International Multilateral System of Exchange
Basic Principles:• Transparency
• Stakeholder Participation/Consultation
• Stakeholder’s Right to Information
The Secretary shall invite all other holders of PGRFA listed in Annex I of the Treaty to include them in the Multilateral System
Chapter IV. Multilateral System
Who is granted facilitated/eligible to access?Any person who is:
a) A citizen of the Philippines, or
b) A national of another country which is a member of the Treaty and which grants the same privileges to Filipino
Parties to the SMTA:
a) Provider : Natural or juridical person who owns the ex situ collection or the Department of Agriculture for those in the public domain
b) Recipient
Facilitated access is not provided to:
a) Nationals of Non-Parties
b) Nationals of parties which do not grant the same privileges to citizens of the Philippines
Chapter IV. Multilateral System
Conditions of the Standard Material Transfer Agreement (SMTA)
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, pharmaceutical or other non-food/non-feed industrial uses
b) Payment of a minimal feed, in the amount to be determined by the Secretary, for recover the cost of providing access
c) Recipient 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 parts of components in the form received from the MLS, including isolate and purified deoxyribonucleic acid molecules for which a function has been defined
Chapter IV. Multilateral System
Conditions of the Standard Material Transfer Agreement (SMTA)
d) plant genetic resources for food and agriculture for which facilitate access has been granted shall continue to be made available to the Multilateral System by the recipient under the terms of Treaty
e) recipient of the PGRFA shall require that the conditions of the material Transfer Agreement shall apply to the transfer of plant genetic resources for food and agriculture to another person or entity, as well as to any of their subsequent transfers and
f) in the event that the recipient commercializes a product that is a plant genetic resource for FA and that incorporates material accessed from the Multilateral system, the recipient shall pay to the Treaty Trust Fund an equitable share of benefits arising from the commercialization of such product, except when such a product is made available without restriction to others for further research and breeding
Chapter IV. Multilateral System
Disclosure of Country of Origin
Any applicant for patent or Plant Variety Protection shall disclose in his application, the country of origin of any PGRFA or its genetic parts or components, including isolated and purified deoxyribonucleic acid molecules for which a function has been defined, which is the subject of his application,
No patent shall be granted to any PGRFA, including its genetic parts or components regardless of their form, nor plant variety protection to any MLS crop or its genetic parts of components.
Chapter V. Farmers’s Rights
Within one year from the effectivity of the Order, the Secretary, in consultation with civil society organizations, shall establish programs to protect and promote farmers’ rights, particularly those of small farmers, which shall include inter alia:
a) protection of traditional knowledge relevant to PGRFA against misappropriation or extinction
b) to right to equitably participate in sharing benefits arising from utilization of PGRFA
c) right to participate in making decisions at the national level, on matters related to the conservation and sustainable use of PGRFA
d) right to save, use, exchange and sell farm-saved seeds or propagating material.
Chapter V. Farmers’s Rights
Community Intellectual Property Rights
DA and IPO to establish a system to recognize and protect community intellectual property rights under Sec 22.4 of RA 8293, which shall include the rights of farming communities over PGRFA that they developed.
Chapter VI. Violations and Penalties
a) Unreasonable Refusal to Allow Facilitated Access
b) Unauthorized Collection and Transport of Multilateral System Crops
c) Unauthorized Collection and Transport of Non-MLS Crops
Chapter VII. Miscellaneous Provisions
Implementing Rules and Regulations International Commitments Appropriations