Policy and Legal FrameworksRelevant to Access and Use ofWild Relatives of Crops in the       Andean Region         Manuel ...
Basic context: Adapting Agriculture to ClimateChange: Collecting, Protecting and Preparing             Crop Wild Relatives...
Existing policy and legal frameworks      Andean Community Decision 391 on a       Common Regime on Access to Genetic    ...
Decision 391 key provisions Scope: applies to all genetic  resources in in situ and ex situ  conditions Bilateral agreem...
Main access procedure in Decision391      Supreme Decree 003-2009-MINAM (Peru) –        Framework      Access Agreements (...
International Treaty key provisions         and components   General provisions      Access to PGRFA in in situ condition...
International Treaty key provisions and              components   IARC – CGIAR      Annex I crops held in CIP available a...
Plant genetic resources under        development    If materials are subject to pre-breeding     and development processe...
Wild relatives of crops (potato,Solanum)     In situ collection: D 391 and      national ABS legislation      (Framework ...
Thank youwww.spda.org.pe
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Manuel Ruiz' presentation in the framework of the expert consultation on the use of crop wild relatives for pre-breeding in potato

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The expert consultation on the use of crop wild relatives for pre-breeding in potato was a workshop organized by the Global Crop Diversity Trust in collaboration with CIP and took place from the 22nd – 24th of February 2012.

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Manuel Ruiz' presentation in the framework of the expert consultation on the use of crop wild relatives for pre-breeding in potato

  1. 1. Policy and Legal FrameworksRelevant to Access and Use ofWild Relatives of Crops in the Andean Region Manuel Ruiz SPDA February, 2012
  2. 2. Basic context: Adapting Agriculture to ClimateChange: Collecting, Protecting and Preparing Crop Wild Relatives  Research  Collecting  Conserving  Pre-breeding  Evaluating  Generating information All activities with access and benefit sharing implications
  3. 3. Existing policy and legal frameworks  Andean Community Decision 391 on a Common Regime on Access to Genetic Resources (1996) (applicable to Bolivia, Colombia, Ecuador, Peru)  FAO International Treaty on Plant Genetic Resources for Food and Agriculture (2001) ( Peru and Ecuador have ratified the IT from the
  4. 4. Decision 391 key provisions Scope: applies to all genetic resources in in situ and ex situ conditions Bilateral agreements with national authorities Framework access agreements: enable research centres (including ex situ centres) undertake in situ access activities
  5. 5. Main access procedure in Decision391 Supreme Decree 003-2009-MINAM (Peru) – Framework Access Agreements (seek to promote basic research)  Request to INIA (cultivated); Forestry Department (wild relatives) to sign a Framework Access Agreement  Signing of a broad, general Framework Access Agreement  This allows for regular, continued in situ collection  Each new project simply presents an application
  6. 6. International Treaty key provisions and components General provisions  Access to PGRFA in in situ conditions, subject to national ABS regulations  Multilateral System on Access and Benefit Sharing (applicable to Annex I crops – including Solanum)  Standard Material Transfer Agreement – the legal instrument which is used to facilitate access and transfer of materials determines access and benefit sharing conditions (adopted by Governing Body in 2007)  Non Annex I crops plus Solanum phureja
  7. 7. International Treaty key provisions and components IARC – CGIAR  Annex I crops held in CIP available according to the SMTA (agreement between CIP and the Governing Body, 2006)  Non Annex I crops collected before entry into force of the FAO IT subject to the ammended SMTA (2007)  Non Annex I collected after entry into force of the FAO IT shall be made available in terms consistent with MAT between the IARC and the country of origin or country which has received these resources in accordance with CBD principles  Parties should provide with facilitated in situ access to IARCs in regards to Annex I crops (D 391: Framework Access Agreements)
  8. 8. Plant genetic resources under development  If materials are subject to pre-breeding and development processes, additional conditions may be added to the SMTA, provided they are not inconsistent with its main terms and the main body of the text does not change
  9. 9. Wild relatives of crops (potato,Solanum)  In situ collection: D 391 and national ABS legislation (Framework Access Agreements)  If materials enter CIP collections, they can be transferred according to the SMTA
  10. 10. Thank youwww.spda.org.pe

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