Law on the ratification of the International Treaty on plant genetic resources for food and agriculture

19. Na osnovu člana 95 tačka 3 Ustava Crne Gore donosim UKAZ O PROGLAŠENJU ZAKONA O POTVRÐIVANJU MEÐUNARODNOG UGOVORA O BILJNIM GENETIČKIM RESURSIMA ZA HRANU I POLJOPRIVREDU Proglašavam Zakon o potvrđivanju Međunarodnog ugovora o biljnim genetičkim resursima za hranu i poljoprivredu, koji je donijela Skupština Crne Gore 24. saziva, na prvoj sjednici prvog redovnog zasi jedanja u 2010. godini, dana 2. marta 2010. godine. Broj: 01-711/2 Podgorica, 12. marta 2010. godine Predsjednik Crne Gore, Filip Vujanović, s.r. Na osnovu člana 82 stav 1 tač. 2 i 17 i člana 91 stav 1 Ustava Crne Gore, Skupština Crne Gore 24. saziva, na prvoj śednici prvog redovnog zasijedanja u 2010. godini, dana 2. marta 2010. godine, donijela je ZAKON O POTVRÐIVANJU MEÐUNARODNOG UGOVORA O BILJNIM GENETIČKIM RESURSIMA ZA HRANU I POLJOPRIVREDU Član 1 Potvrđuje se Međunarodni ugovor o biljnim genetičkim resursima za hranu poljoprivredu, zaključen u Rimu, dana 3. novembra 2001. godine, Rezolucijom 3/2001 na 31. sjednici Konferencije organizacije za hranu i poljoprivredu Ujedinjenih nacija, u orginalu arapskom, kineskom, engleskom, francuskom, ruskom i španskom jeziku.na Član 2 Tekst ugovora iz člana 1, ovog zakona, u originalu na engleskom jeziku i u prevodu na crnogorski jezik, glasi: INTERNATIONAL TREATY ON PLANT GENETIC RESOURCES FOR FOOD AND AGRICULTURE 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; in Acknowledging that the conservation, exploration, collection, characterization, evaluation and documentation of plant genetic resources for food and agriculture are essential meeting the goals of the Rome Declaration on World Food Security and the World Foop 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 materijal 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 farmsaved seed and other propagating materijal, 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: PARTI - 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 materijal of plant origin of actual or potential value for food and agriculture. "Genetic materijal" means any materijal of plant origin, including reproductive and vegetative propagating materijal, 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- Scopе 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 a.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: (a) 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; (b) 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; (c) Promote or support, as appropriate, farmers and local communities' efforts to manage and conserve on-farm their plant genetic resources for food and agriculture; (d) 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; (e) 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; (f) 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.