Genebank Operation in the Arena of Access and Benefit-Sharing Policies

Abstract

Since the 1990s, the exchange of genetic resources has been increasingly regulated. The Convention on Biological Diversity (CBD), the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) and the Nagoya Protocol recognize that countries have sovereign rights over their genetic resources and provide a framework for domestic legislations on Access and Benefit-Sharing (ABS). However, within the rules of these international agreements, countries can follow their own interpretations and establish their own rules and regulations, resulting in restricted access to genetic resources and limited benefit-sharing, effects that are contrary to the objectives of these agreements. Although the ITPGRFA's Multilateral System of Access and Benefit-Sharing provides opportunities for easier access to plant genetic resources for food and agriculture (PGRFA), plant genebanks face increasing complexity in their operation. Adding material to genebank collections has become more difficult, not only because collecting missions need to be negotiated with national and local authorities, but also because acquiring material from other collections is only possible if the origin of the material is properly documented and is done in compliance with regulations. Genebanks may only provide access to their own collections if the material that is to be released is distributed in compliance with a) the conditions under which the material was received and b) the national laws of the country where the genebank is located. The only way genebanks can deal with this new complexity, apart from ceasing to add or distribute material, is by setting up proper procedures to document the origin of every accession and the conditions for their use and further distribution. To prevent a further decrease in access to PGRFA, complexity must be fought. Applying the ITPGRFA's Standard Material Transfer Agreement (SMTA) only, even for material that does not fall under the ITPGRFA, would simplify matters. The scope of the ITPGRFA could be expanded to include all crops. Furthermore, certain ambiguities (e.g. regarding in situ material and wild species) could be resolved. Finally, compliance with the ITPGRFA should be improved and better monitored.

Germplasm Acquisition and Distribution by CGIAR Genebanks

“…Out of appreciation of these factors, the Centers most recent collective efforts under the CGIAR Genebank Platform (suspended temporarily due to the COVID-19 pandemic) to catalyze and support new collecting expeditions involve support for “two-way flows” of germplasm from the genebanks to the providers, identified on the basis of a jointly conducted analysis of potentially useful germplasm to respond to local needs, and from the providers to the genebanks, and financial and technical support for institutional capacity building for partner organizations in the country concerned. This is consistent with practices of other organizations seeking to acquire PGRFA to include in public genebanks through new collecting activities [ 4 ].…”

Safeguarding and using global banana diversity: a holistic approach

“…Collecting wild species and cultivars in situ and on farm remains important to fill critical gaps in the ITC collection, and to establish strong collaboration and access benefit sharing with national partners. Adding material to genebank collections has become more difficult, not only because collecting missions need to be negotiated with national and local authorities, but also because acquiring material from other collections is only possible if the origin of the material is properly documented and is done in compliance with regulations (Brink and van Hintum 2020). Although considerable progress has been made, more work related to germination, preservation, population genetics and collection of wild bananas is still needed to establish an active wild banana genebank.…”

Interaction of Scientific Knowledge and Implementation of the Multilateral Environment Agreements in Relation to Digital Sequence Information on Genetic Resources

“…However, as seen in the GLIS resolution, the DSI and the GSD were finally adopted in parallel. It indicates that the resolution adopted in this way may not be effective in terms of the implementation, because there is no common understanding or interpretation of the terminology and, as a result, each Party has its own interpretation (Brink and van Hintum, 2020). Although there has been little discussion of specific terminology in the nearly 30-year history of CBD, for example, Party discussed whether to replace the term "indigenous and local communities" in the text of the CBD with the term "indigenous peoples and local communities" in the documents used in the future document of the CBD including the decision of the Conference of Parties without amendment of Convention.…”