Background
The objectives of the International Treaty on Plant Genetic Resources for Food and Agriculture (ITPGRFA) are the conservation and sustainable use of plant genetic resources for food and agriculture (PGRFA) and the fair and equitable sharing of the benefits arising out of their use, in harmony with the Convention on Biological Diversity (CBD), for sustainable agriculture and food security. The Multilateral System (MLS) of the ITPGRFA is a global pool of PGRFA, intended to facilitate access to PGRFA and to achieve fair and equitable sharing of the benefits arising from their utilisation. Annex I of the ITPGRFA lists the species and genera included in the MLS, currently 35 food crops and 29 forages. The exchange of PGRFA included in the MLS takes place under a standard contract (the Standard Material Transfer Agreement, SMTA).
With the aim of improving access to PGRFA as well as benefit-sharing from their use, a process to enhance the functioning of the MLS was started in 2013, but the process came to a standstill in 2019. In November 2023, the Governing Body of the ITPGRFA decided to reopen formal negotiations, with the aim of adopting an enhanced MLS at the Eleventh meeting of the Governing Body (GB 11) in 2025. In the years 2024 and 2025, the reinstated Ad Hoc Open-ended Working Group to Enhance the Functioning of the Multilateral System (OEWG/MLS) came together four times to discuss a new package of measures to enhance the MLS. France, Germany, and the Netherlands were members of the Working Group on behalf of the EU, while other EU countries participated as observers.
The four meetings of the Working Group in 2024 and 2025
During the meeting in April 2024, discussions took place on options to address the three identified 'hotspots' in the enhancement process (payment structure and rates for monetary benefit-sharing, DSI/GSD, and expansion of Annex I of the MLS) and on how to build on the package of measures that was proposed in 2019, including a Resolution, a revised SMTA, and an amendment to Annex I of the ITPGRFA. There were no text negotiations. On the payment structure, the Working Group strongly supported the subscription option, which may have the advantages of simplicity, legal certainty, transparency, and predictability of monetary benefit-sharing. Different views were expressed as to whether the single access option should be kept, as an additional option. The Working Group further agreed to consider the possibility of developing a specialized approach under the ITPGRFA for DSI/GSD on PGRFA and to work towards an expansion of Annex I covering all PGRFA in ex situ collections under the management and control of Parties and in the public domain, under the condition that robust safeguards could be included.
The meeting in September 2024 looked in detail into the draft texts of the Resolution, the revised SMTA and the amendment to Annex I, but still no text negotiations took place. There were in-depth discussions on the payment structure, especially on whether to adopt a subscription-only structure, or having a subscription system with also the possibility for single access. Payment rates were not discussed. On DSI/GSD, the Working Group did not challenge the suggested approach to include it in the Resolution only, but it suggested various improvements in the draft Resolution. It stressed that the ITPGRFA should aim at being mutually supportive with a possible DSI mechanism developed under the Convention on Biological Diversity (CBD), also to avoid double payments. The Working Group also discussed the proposal for expansion of Annex I to all PGRFA in ex situ collections under the management and control of Parties and in the public domain, but opinions diverged on this issue as well. The Working Group again stressed the importance of robust safeguards, including ideas for 'positive' or 'negative' lists of crops that would be either or not shared through the MLS.The group also discussed possible political and technical challenges for Contracting Parties to ratify the amendment and ways to overcome these challenges. Some Parties stressed the need to maintain a balance between the number of ratifications of the amendment of Annex I and the generation of income to the Benefit-sharing Fund of the ITPGRFA.
During the meeting in April 2025, opinions remained divided on whether there should be a subscription option only or a dual system allowing users to choose between a subscription and a single-access option. Work was done to include text on both payment options in the revised SMTA. A proposal was made for a potential advance payment under the single access option, ahead of commercialisation. The payment rates were only discussed briefly and superficially, although some Parties called for more thorough discussion. The Working Group had an initial exchange on the text on DSI/GSD in the draft Resolution, but there was still disagreement on key issues. With respect to the expansion of Annex I, some regions expressed that they envisage problems with the ratification of an amended Annex I with expansion to all PGRFA in ex situ collections under the management and control of Parties and in the public domain. The Working Group asked a Standing Group of Legal Experts (SGLE) to address various legal and institutional matters in preparation for the next meeting of the Working Group.
In the last meeting, in July 2025, a new payment option was introduced: the partial subscription option, which means that subscribers can exempt one or two crops from their subscription, and their sales of those crops do not count for their payment basis. The subscription and partial subscription options would have a threshold under which no payments are required. In the single access option, all payments would be mandatory under the revised SMTA. However, differences in opinion remain, and the Working Group decided to finalize a proposal for each option, for further discussion by the Governing Body. As for the payment rates, a wide range of views were initially expressed, but some convergence was achieved. The proposed rates for the full subscription option now range from 0.01-0.1% of total seed sales, for the single access option with unrestricted access to the product from 0.1-1% of the sales of that product, and for the single access option with restricted access to the product from 0.77-2.5% of the sales of that product. The Working Group also discussed further how to address DSI/GSD in the package, with diverging opinions on whether it should be included in the SMTA. On the expansion of Annex I, some Parties argued that countries should not be required to submit ‘negative lists’ with crops excluded for their country from a MLS covering basically all PGRFA in ex situ collections under the management and control of Parties and in the public domain, but ‘positive lists’ with the crops they would include in an expanded MLS. The suggestions of the SGLE, including on the draft Resolution and the Amendment on Annex I, were discussed and mostly adopted.
Finalization of the process
It is envisaged to finalize the enhancement of the MLS during the Eleventh meeting of the Governing Body (GB 11) of the ITPGRFA in Lima, Peru, in November 2025. This will be difficult, however, as there are still many decisions to be made, including on the key issues (payment structure, payment rates, the way to address DSI/GSD, and the expansion of Annex I). Also, the draft texts of the Resolution, the revised SMTA, and the amendment of Annex I (see the attachments of the report of the meeting of the OEWG in July 2025) still contain many brackets, which means that there is not yet agreement on their exact contents. GB 11 will also include a High-Level Segment (HLS) with participation of ministers and deputy ministers of Parties to the ITPGRFA. For Europe to be effective in the negotiations during GB 11, good regional coordination among European countries in the run-up to GB-11 will be important.
Your opinion remains important
As the Netherlands strongly supports inclusive and transparent processes, involving all relevant actors, stakeholders are encouraged to contribute to the enhancement process. Your comments are very welcome, especially on the proposals for the payment options and rates, the way to address DSI/GSD, and the expansion of Annex I, and the draft texts of the Resolution, the revised SMTA, and the Amendment of Annex I.
For more information, and for sharing your views on the enhancement of the MLS, you may contact Ms Kim van Seeters (ABS Competent National Authority; k.vanseeters@minlnv.nl) or Mr Martin Brink (National Focal Point on ABS; martin.brink@wur.nl).
