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J.M.M. ENGELS
Conservation and use of plant genetic resources for food and agriculture after
UNCED and GATT – problems and challenges
J.M.M. ENGELS 1
1 Introduction
The unrestricted availability of plant genetic resources has been the basis of success for modern
plant breeding. The Consultative Group on International Agricultural Research (CGIAR) and its
crop commodity centres have based their plant genetic resources policy on this very principle.
However, the concept that plant genetic resources for food and agriculture (PGRFA) are the
"heritage of mankind" and, thus, freely available to all bona fide users, has gradually changed to
a more restrictive and national scope. The recognition in the Convention on Biological Diversity
(CBD) of national sovereign rights of states over biodiversity, including PGRFA, within their
borders was the single most important factor which evoked this attitude further to change. Prior
to the negotiations at UNCED, this trend occurred also during the negotiations within the
framework of the International Undertaking of the FAO. The concept of sharing the benefits and
burdens of PGRFA conservation and sustainable use have gradually entered the discussions in the
Commission and the CBD (FAO, 1993 b and c).
2 Current situation
In this paper the different PGRFA categories are examined in order to provide a framework for
their definition (Table 1). Because of the influence which the different forms of ownership might
have on the availability of the material, these are examined and summarized in Table 2. The
important binding and non-binding international agreements with respect to the legal status of and
access to germplasm in genebank collections are listed in Table 3. Table 4 presents agreements
concluded between IBPGR, now IPGRI, and German institutions holding international germplasm.
The various aspects which influence the legal status of PGRFA in ex-situ collections, i.e. in
genebanks, are summarized in Table 5.
The above theoretical approach and framework has been used to analyze data from the German-
Dutch Potato Collection maintained at the Genebank of the Bundesforschungsanstalt für
Landwirschaft Braunschweig-Völkenrode. With regard to the various categories of the
predominantly wild and primitive potato germplasm, maintained as botanical seeds in cold storage,
1
International Plant Genetic Resources Institute (IPGRI)
Via delle Sette Chiese 142
00145 Rome
Italien