Providing For The Exploration, Conservation, Protection, and Sustainable Use of Plant Genetic Resources For Food and Agriculture, Appropriating Funds Therefor.

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


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


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


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


List of Annex I CropsFood Crops


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


List of Annex I CropsFood Crops


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


Food Crops


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



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



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



Forages

OTHER FORAGES

Atriplex halimus, nummularia

Salsola vermiculata



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


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


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


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


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


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

Providing For The Exploration, Conservation, Protection, and Sustainable Use of Plant Genetic Resources For Food and Agriculture, Appropriating Funds Therefor.

Documents

genetic resources section

sustainable use section

agriculture section

state section

regulations section

origin section

house section

penalties section