LegalizeDecreto n.º 22/2005
TEXTO :
Decreto n.º 22/2005
de 26 de Setembro
Considerando que Portugal adoptou o Acordo Internacional sobre Recursos Genéticos Vegetais para a Alimentação e a Agricultura, aprovado em 1983 pela Conferência da FAO;
Atendendo a que Portugal é Parte na Convenção das Nações Unidas sobre Diversidade Biológica, assinada em 13 de Junho de 1992, no Rio de Janeiro;
Reconhecendo a importância do presente Tratado em matéria de segurança alimentar e agricultura sustentável, em particular no que diz respeito à conservação e utilização sustentável dos recursos fitogenéticos e ao estabelecimento de um sistema miltilaterial eficiente, tanto para facilitar o acesso, como para partilhar justa e equitativamente os benefícios resultantes da utilização desses recursos, numa perspectiva de complementaridade e reforço mútuo:
Assim:
Nos termos da alínea c) do n.º 1 do artigo 197.º da Constituição, o Governo aprova o Tratado Internacional sobre os Recursos Fitogenéticos para a Alimentação e a Agricultura, aberto à assinatura em Roma em 3 de Novembro de 2001, cujo texto, na versão autenticada em língua inglesa e respectiva tradução na língua portuguesa, se publica em anexo.
Visto e aprovado em Conselho de Ministros de 12 de Agosto de 2005. - José Sócrates Carvalho Pinto de Sousa - Diogo Pinto de Freitas do Amaral - Jaime de Jesus Lopes Silva.
Assinado em 8 de Setembro de 2005.
Publique-se.
O Presidente da República, JORGE SAMPAIO.
Referendado em 9 de Setembro de 2005.
O Primeiro-Ministro, José Sócrates Carvalho Pinto de Sousa.
INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES FOR FOOD AND AGRICULTURE TRANSMITTAL OF CERTIFIED TRUE COPIES OF THE TREATY.
The Director-General of the Food and Agriculture Organization of the United Nations has the honour to refer to the International Treaty on Plant Genetic Resources for Food and Agriculture which was approved by the FAO Conference at its Thirty-first Session in November 2001, through Resolution 3/2001, in accordance with article XIV of the FAO Constitution.
In conformity with article XIV, paragraph 7, of the FAO Constitution and rule XXI.3 of the General Rules of the Organization, the Director-General of the Food an Agriculture Organization of the United Nations has the pleasure of transmitting a certified true copy of this Treaty. The text is attached hereto as annex I.
The Treaty is open for signature at FAO Headquarters from 3 November 2001 until 4 November 2002 by all members of FAO and any States that are not members of FAO but are members of the United Nations, or any of its specialized agencies or of the International Atomic Energy Agency. Pursuant to article 26 of the Treaty, it shall be subject to ratification, acceptance or approval by the members and non-members of FAO referred to in article 25. Instruments of ratification, acceptance, or approval shall be deposited with the Director-General of FAO (the Depositary).
The Treaty shall be open for accession from the date on which the Treaty is closed for signature by all members of FAO and any States that are not members of FAO but are members of the United Nations, or any of its specialized agencies or of the International Atomic Energy Agency. Instruments of accession shall be deposited with the Depositary.
Sample instruments of ratification/acceptance/approval and accession are attached hereto as annex II.
The Treaty shall enter into force on the ninetieth day after the deposit of the fortieth instrument of ratification, acceptance, approval or accession, provided that at least twenty instruments of ratification, acceptance, approval or accession have been deposited by members of FAO under article 29.2. Instruments of ratification, acceptance or approval deposited by a member organization of FAO shall not be counted as additional to those deposited by its member States.
Preamble
The Contracting Parties:
Convinced of the special nature of plant genetic resources for food and agriculture, their distinctive features and problems needing distinctive solutions;
Alarmed by the continuing erosion of these resources;
Cognizant that plant genetic resources for food and agriculture are a common concern of all countries, in that all countries depend very largely on plant genetic resources for food and agriculture that originated elsewhere;
Acknowledging that the conservation, exploration, collection, characterization, evaluation and documentation of plant genetic resources for food and agriculture are essential in meeting the goals of the Rome Declaration on World Food Security and the World Food Summit Plan of Action and for sustainable agricultural development for this and future generations, and that the capacity of developing countries and countries with economies in transition to undertake such tasks needs urgently to be reinforced;
Noting that the Global Plan of Action for the Conservation and Sustainable Use of Plant Genetic Resources for Food and Agriculture is an internationally agreed framework for such activities;
Acknowledging further that plant genetic resources for food and agriculture are the raw material indispensable for crop genetic improvement, whether by means of farmers' selection, classical plant breeding or modern biotechnologies, and are essential in adapting to unpredictable environmental changes and future human needs;
Affirming that the past, present and future contributions of farmers in all regions of the world, particularly those in centres of origin and diversity, in conserving, improving and making available these resources, is the basis of farmers' rights;
Affirming also that the rights recognized in this Treaty to save, use, exchange and sell farm-saved seed and other propagating material, and to participate in decision-making regarding, and in the fair and equitable sharing of the benefits arising from, the use of plant genetic resources for food and agriculture, are fundamental to the realization of farmers' rights, as well as the promotion of farmers' rights at national and international levels;
Recognizing that this Treaty and other international agreements relevant to this Treaty should be mutually supportive with a view to sustainable agriculture and food security;
Affirming that nothing in this Treaty shall be interpreted as implying in any way a change in the rights and obligations of the Contracting Parties under other international agreements;
Understanding that the above recital is not intended to create a hierarchy between this Treaty and other international agreements;
Aware that questions regarding the management of plant genetic resources for food and agriculture are at the meeting point between agriculture, the environment and commerce, and convinced that there should be synergy among these sectors;
Aware of their responsibility to past and future generations to conserve the World's diversity of plant genetic resources for food and agriculture;
Recognizing that, in the exercise of their sovereign rights over their plant genetic resources for food and agriculture, states may mutually benefit from the creation of an effective multilateral system for facilitated access to a negotiated selection of these resources and for the fair and equitable sharing of the benefits arising from their use; and
Desiring to conclude an international agreement within the framework of the Food and Agriculture Organization of the United Nations, hereinafter referred to as FAO, under article XIV of the FAO Constitution;
have agreed as follows:
PART I
Introduction
Article 1
Objectives
1.1 - The objectives of this Treaty are the conservation and sustainable use of plant genetic resources for food and agriculture and the fair and equitable sharing of the benefits arising out of their use, in harmony with the Convention on Biological Diversity, for sustainable agriculture and food security.
1.2 - These objectives will be attained by closely linking this Treaty to the Food and Agriculture Organization of the United Nations and to the Convention on Biological Diversity.
Article 2
Use of terms
For the purpose of this Treaty, the following terms shall have the meanings hereunder assigned to them. These definitions are not intended to cover trade in commodities:
"In situ conservation» means the conservation of ecosystems and natural habitats and the maintenance and recovery of viable populations of species in their natural surroundings and, in the case of domesticated or cultivated plant species, in the surroundings where they have developed their distinctive properties;
"Ex situ conservation» means the conservation of plant genetic resources for food and agriculture outside their natural habitat;
"Plant genetic resources for food and agriculture» means any genetic material of plant origin of actual or potential value for food and agriculture;
"Genetic material» means any material of plant origin, including reproductive and vegetative propagating material, containing functional units of heredity;
"Variety» means a plant grouping, within a single botanical taxon of the lowest known rank, defined by the reproducible expression of its distinguishing and other genetic characteristics;
"Ex situ collection» means a collection of plant genetic resources for food and agriculture maintained outside their natural habitat;
"Centre of origin» means a geographical area where a plant species, either domesticated or wild, first developed its distinctive properties;
"Centre of crop diversity» means a geographic area containing a high level of genetic diversity for crop species in in situ conditions.
Article 3
Scope
This Treaty relates to plant genetic resources for food and agriculture.
PART II
General provisions
Article 4
General obligations
Each Contracting Party shall ensure the conformity of its laws, regulations and procedures with its obligations as provided in this Treaty.
Article 5
Conservation, exploration, collection, characterization, evaluation and documentation of plant genetic resources for food and agriculture
5.1 - Each Contracting Party shall, subject to national legislation, and in cooperation with other Contracting Parties where appropriate, promote an integrated approach to the exploration, conservation and sustainable use of plant genetic resources for food and agriculture and shall in particular, as appropriate:
Survey and inventory plant genetic resources for food and agriculture, taking into account the status and degree of variation in existing populations, including those that are of potential use and, as feasible, assess any threats to them;
Promote the collection of plant genetic resources for food and agriculture and relevant associated information on those plant genetic resources that are under threat or are of potential use;
Promote or support, as appropriate, farmers and local communities' efforts to manage and conserve on-farm their plant genetic resources for food and agriculture;
Promote in situ conservation of wild crop relatives and wild plants for food production, including in protected areas, by supporting, inter alia, the efforts of indigenous and local communities;
Cooperate to promote the development of an efficient and sustainable system of ex situ conservation, giving due attention to the need for adequate documentation, characterization, regeneration and evaluation, and promote the development and transfer of appropriate technologies for this purpose with a view to improving the sustainable use of plant genetic resources for food and agriculture;
Monitor the maintenance of the viability, degree of variation, and the genetic integrity of collections of plant genetic resources for food and agriculture.
5.2 - The Contracting Parties shall, as appropriate, take steps to minimize or, if possible, eliminate threats to plant genetic resources for food and agriculture.
Article 6
Sustainable use of plant genetic resources
6.1 - The Contracting Parties shall develop and maintain appropriate policy and legal measures that promote the sustainable use of plant genetic resources for food and agriculture.
6.2 - The sustainable use of plant genetic resources for food and agriculture may include such measures as:
Pursuing fair agricultural policies that promote, as appropriate, the development and maintenance of diverse farming systems that enhance the sustainable use of agricultural biological diversity and other natural resources;
Strengthening 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 in combating diseases, weeds and pests;
Promoting, as appropriate, plant breeding efforts which, with the participation of farmers, particularly in developing countries, strengthen the capacity to develop varieties particularly adapted to social, economic and ecological conditions, including in marginal areas;
Broadening the genetic base of crops and increasing the range of genetic diversity available to farmers;
Promoting, as appropriate, the expanded use of local and locally adapted crops, varieties and underutilized species;
Supporting, as appropriate, the wider use of diversity of varieties and species in on-farm management, conservation and sustainable use of crops and creating strong links to plant breeding and agricultural development in order to reduce crop vulnerability and genetic erosion, and promote increased world food production compatible with sustainable development; and
Reviewing, and, as appropriate, adjusting breeding strategies and regulations concerning variety release and seed distribution.
Article 7
National commitments and international cooperation
7.1 - Each Contracting Party shall, as appropriate, integrate into its agriculture and rural development policies and programmes, activities referred to in articles 5 and 6, and cooperate with other Contracting Parties, directly or through FAO and other relevant international organizations, in the conservation and sustainable use of plant genetic resources for food and agriculture.
7.2 - International cooperation shall, in particular, be directed to:
Establishing or strengthening the capabilities of developing countries and countries with economies in transition with respect to conservation and sustainable use of plant genetic resources for food and agriculture;
Enhancing international activities to promote conservation, evaluation, documentation, genetic enhancement, plant breeding, seed multiplication; and sharing, providing access to, and exchanging, in conformity with part IV, plant genetic resources for food and agriculture and appropriate information and technology;
Maintaining and strengthening the institutional arrangements provided for in part V; and
Implement the funding strategy of article 18.
Article 8
Technical assistance
The Contracting Parties agree to promote the provision of technical assistance to Contracting Parties, especially those that are developing countries or countries with economies in transition, either bilaterally or through the appropriate international organizations, with the objective of facilitating the implementation of this Treaty.
PART III
Farmers' rights
Article 9
Farmers' rights
9.1 - The Contracting Parties recognize the enormous contribution that the local and indigenous communities and farmers of all regions of the world, particularly those in the centres of origin and crop diversity, have made and will continue to make for the conservation and development of plant genetic resources which constitute the basis of food and agriculture production throughout the world.
9.2 - The Contracting Parties agree that the responsibility for realizing farmers' rights, as they relate to plant genetic resources for food and agriculture, rests with national governments. In accordance with their needs and priorities, each Contracting Party should, as appropriate, and subject to its national legislation, take measures to protect and promote farmers' rights, including:
Protection of traditional knowledge relevant to plant genetic resources for food and agriculture;
The right to equitably participate in sharing benefits arising from the utilization of plant genetic resources for food and agriculture; and
The right to participate in making decisions, at the national level, on matters related to the conservation and sustainable use of plant genetic resources for food and agriculture.
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