Revised International Undertaking on Plant Genetic Resources for Food and Agriculture

The African Regional Conference on Genetic Resources, Food Security and Rural Development for Survival held in Addis Ababa, 21-25 April 1997, developed the following version of the Revised Undertaking in preparation for the negotiations to revise the International Undertaking for Plant Genetic Resources for Food and Agriculture by the FAO Commission on Genetic Resources for Food and Agriculture in May 1997.

Draft

Preamble

The Parties to this Undertaking:

Recalling Resolution 7/93 of the Conference of the Food and Agriculture Organization which calls for the revision of the International Undertaking on Plant Genetic Resources in harmony with the Convention on Biological Diversity,

Taking into account the objectives of the Convention on Biological Diversity under Article 1 which refer to the conservation of biological diversity, the sustainable use of its components, and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources, including by appropriate access to genetic resources and by appropriate transfer of relevant technologies, taking into account all rights over these resources and to technologies, and by appropriate funding,

Recognizing that the system of access to genetic resources that existed prior to the Convention on Biological Diversity has not sufficiently contributed to the conservation and sustainable use of these resources, and that the protection of genetic resources under patent and other intellectual property rights systems lacks fairness and provides no economic incentive for the continued generation and conservation of these resources by the countries of origin,

Recalling Resolution 3 of the Nairobi Final Act of the Conference for the adoption of the agreed text of the Convention on Biological Diversity which recognizes the question of access to ex-situ collections not acquired in accordance with the Convention, and the question of Farmers' Rights as outstanding matters,

Recognizing the enormous contribution that farmers of all regions of the world, and particularly in the centres where genetic resources for food and agriculture originated and/or diversified, have made to the development and conservation of these genetic resources,

Acknowledging that the majority of plant genetic resources come from the developing countries, the contribution of whose farmers, local and traditional communities needs to be recognized and fully rewarded through an appropriate system of sharing benefits from the improved and increased use of plant genetic resources they have developed and conserved,

Mindful of the obligations imposed by, Article 8(j) of the Convention on Biological Diversity on each Contracting Party to respect, preserve and maintain knowledge, innovations and practices of indigenous and local communities embodying traditional life-styles relevant for the conservation and sustainable use of biological diversity and promote their wider application with the approval and involvement of the holders of such knowledge, innovations and practices and to encourage the equitable sharing of the benefits arising from the utilization of such knowledge, innovations and practices, and Article 10(c) which requires each Party to protect and encourage the customary use of biological resources in accordance with traditional cultural practices that are compatible with conservation or sustainable use requirements,

Taking into account the Global Plan of Action for the Conservation and Sustainable Utilization of Plant Genetic Resources for Food and Agriculture and the Leipzig Declaration of 1996, particularly Paragraph 4 of the Declaration which acknowledges the roles played by local and indigenous farming communities in conserving and improving genetic resources, and Paragraph 9 of the Plan of Action that calls for confirming the rights of farmers and developing and/or strengthening policies and legislative measures to promote fair and equitable sharing of benefits arising from the utilization of their genetic resources,

Reaffirming the sovereign rights of States over their natural resources and to determine access to genetic resources subject to national legislation and that where granted access shall be on mutually agreed terms and subject to prior informed consent of the country providing such resources,

Emphasizing the need for each party to develop and carry out scientific research on genetic resources in and with full participation of the other party providing such resources, and that each party takes legislative, administrative and policy measures with the aim of sharing, in a fair and equitable manner, the benefits from results of research and development,

Recognizing the need to promote and facilitate access to and transfer of technology which makes use of genetic resources including technology protected by patents and other intellectual property rights to the Contracting Parties, in Particular to developing countries which provide those resources, under fair, most favourable, concessional and preferential terms in accordance with the spirit of Article 16 of the Convention on Biological Diversity

Acknowledging that traditional and indigenous technologies are important in the conservation and sustainable utilization of plant genetic resources, and that they may be complemented by modern technologies,

Noting the decision of the third meeting of the Conference of the Parties to the Convention on Biological Diversity regarding the Conservation and Sustainable Use of Agricultural Biological Diversity (UNEP/CBD/COP/3/L.12), in particular paragraph 18 that expresses the willingness of the Parties to consider the legal status of the International Undertaking on Plant Genetic Resources adopted by the Conference of the Food and Agriculture Organization of the United Nations [herinafter referred to as the FAO] as a protocol to the Convention on Biological Diversity once revised in harmony with the Convention, and paragraph 19 which reflects the recognition of Farmers' Rights, the necessary terms for technology transfer to developing countries, and access and benefit-sharing arrangements,

Determined to have a binding international instrument which promotes the conservation and utilization of plant genetic resources for food and agriculture through the establishment of a system for access to genetic resources and for sharing benefits arising out of the utilization of such resources and which inter alia ensures the implementation of Farmers' Rights and resolves the outstanding issues of the sovereign rights over, and ownership of, ex-situ collections made outside the Convention on Biological Diversity,

Have agreed as follows:

Article 1
Definitions

For the purpose of this Undertaking:

1. "Country of origin" means any Party that possesses genetic resources in in-situ conditions or in ex-situ conditions made from the in-situ sources of that Party and from which those genetic resources collected from such in-situ sources or ex-situ sources, are supplied to another Party or Parties.

2. "Plant Genetic resources" means genetic materials, including seed or other planting materials or DNA sequences, taken from plants that have actual or potential value for food and agriculture. These include crops, wild relatives, wild food plants, forage plants, honey bee plants, and plants for land management and the maintenance of soil fertility and weeds.

3. "Collective Rights" means the rights vested in farming and local natural resource-based communities to continue to conserve, maintain and control their diverse livelihood systems, which are based on collective processes of generating biological diversity, indigenous knowledge and technologies, innovations and practices which result in the conservation and sustainable use and development of genetic resources for food security and agriculture. These rights are of a collective nature, governed in accordance with the diverse customary rights and traditions of the different livelihood systems. Such rights are inalienable and therefore cannot be privatized.

4. "Recipient" means a Party or any person within the jurisdiction of such a Party involved in prospecting, collecting or receiving genetic resources from a country of origin or from a supplier in that country of origin for scientific or commercial purposes.

* This is not an exhaustive list of definitions!

Article 2
Objectives

The objectives of this Undertaking, being consistent with the objectives of the Convention on Biological Diversity, are to:

a) ensure the conservation of plant genetic resources for food and agriculture as a basis for food security;

b) promote the sustainable utilization of plant genetic resources for food security and the diversification of agriculture in order to foster development and to reduce hunger and poverty;

c) promote a fair and equitable sharing of benefits arising from the use of plant genetic resources;

d) implement and protect Farmers' Rights to their agricultural biological diversity, traditional knowledge, innovations and practices relevant to the conservation and sustainable use of plant genetic resources for food and agriculture in order to ensure them a fair and equitable share of benefits and secured livelihood systems; and

1. implement a system of access to plant genetic resources for food and agriculture based on the prior informed consent of the country of origin and the relevant local farming communities.

Article 3
Scope

This Undertaking applies to plant genetic resources for food and agriculture, including wild relatives and wild plants that are gathered, and existing both in in-situ as well as ex-situ collections, acquired before or after the Convention on Biological Diversity.

Article 4
Relationship of the Undertaking With Other International Agreements

1. The provisions of this Undertaking shall not affect the rights and obligations of any Party deriving from any existing international agreement except where the exercise of those rights and obligations would cause a serious damage or threat to plant genetic resources.

1. Any Party that has not ratified, accepted or approved the Convention on Biological Diversity shall be assumed to accept those provisions of the Convention which relate to the matters covered by this Undertaking.

Article 5
Exploration, Collection and Conservation of Genetic Resources

1. The Parties shall promote an integrated approach to the conservation of plant genetic resources for food and agriculture employing, as appropriate, in-situ, including on-farm management of plant genetic resources for food and agriculture as well as ex-situ conservation, and linking conservation with utilization activities, in accordance with article 8(j) of the Convention on Biological Diversity.

In particular, the parties shall:

a) Survey and inventory plant genetic resources for food and agriculture, including those that are of anticipated 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 anticipated use;

c) Support farmers and local communities' efforts to manage on-farm, farmers' varieties and other plant genetic resources for food and agriculture;

d) Promote in-situ conservation of wild plants relevant to food and agriculture, including in protected areas, by supporting 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.

2. Parties shall take steps to minimize or, if possible, eliminate threats to plant genetic resources for food and agriculture, including the negative effects of agro-chemicals.

Article 6
Sustainable Use of Plant Genetic Resources

1. Parties shall develop or maintain appropriate policy and legal arrangements that promote the sustainable use of plant genetic resources for food and agriculture.

2. The sustainable use of plant genetic resources for food and agriculture shall include such measures as:

a) promoting agricultural policies that ensure the development and maintenance of diverse farming systems that enhance the sustainable use of agricultural biological diversity and other natural resources;

b) guiding/strengthening research in agriculture so that it enhances biological diversity by maximizing intra- and inter- specific variation, and becomes demand driven when it comes to serving smallholder farmers who generate and use their own species or varieties and apply ecological principles in maintaining soil fertility and in combating diseases, weeds and other pests.

c) promoting plant breeding efforts and strengthening, particularly in developing countries the capacity to develop varieties specifically adapted to the various social, economic and ecological conditions, especially those of farmers in areas which are not of high potential for the particular crop, with the full participation of farmers;

d) broadening the genetic base of the various crops;

e) promoting in all agro-ecological zones the expanded use of local crops, varieties and underutilized species; and

f) increasing the range of genetic diversity available to farmers.

3. Parties shall support the wider use of diversity of varieties and species in on-farm generation, conservation and sustainable utilization of crops and create stronger links between plant breeding and agricultural development in order to:

a) [reduce crop vulnerability];

b) reduce genetic erosion; and

c) ensure increased world food production compatible with sustainable development.

In this respect, parties shall review, and, as appropriate, adjust breeding strategies and regulations concerning variety release and seed distribution.

Parties shall take precautionary measures to control the risks to biological diversity associated with the use and release of plant genetic resources that involve living modified organisms resulting from biotechnology.

Article7
International Cooperation

1. Each Party shall, as far as appropriate, cooperate with other Parties, directly or through the FAO and other competent international organizations, on matters of mutual interest for the conservation and sustainable use of plant genetic resources for food and agriculture.

2. International cooperation shall, in particular, be directed to:

a) establishing or strengthening the capabilities of developing countries, where appropriate on a national or sub-regional basis, with respect to conservation and sustainable use of plant genetic resources for food and agriculture;

b) intensifying international activities to promote conservation, evaluation, documentation, access for and exchange of plant genetic resources for food and agriculture, and relevant information for plant breeding and multiplication of seed and other types of plant material;

c) supporting the arrangements outlined in Article 9; and

d) the strengthening or establishing of funding mechanisms to finance activities relating to the conservation and sustainable use of plant genetic resources for food and agriculture.

Article8
Institutional Arrangements

1. Parties shall develop and maintain institutional arrangements such as centers at the national, regional and international level for the exploration, collection, conservation, maintenance, evaluation, documentation exchange and use of plant genetic resources for food and agriculture with a view to developing a global system. The activities of such institutions or centers shall as far as possible, give due regard to the latest scientific standards of practice.

2. Existing relevant institutions or centers shall be strengthened and their roles adjusted to enable the implementation of this Undertaking.

3. Parties shall support the establishment or maintenance of an international network of the relevant institutions or centers, including network of base collections in gene banks.

Article 9
Multilateral System of Access

1. Parties agree to establish a Multilateral System of access to genetic resources under the auspices of the Food and Agriculture Organization of the United Nations (the "FAO" hereinafter) or any other appropriate international organizations, based on voluntary membership, with respect to:

(a) genetic resources for food and agriculture that are willingly decided to be included in the system by the countries of origin; and

(b) the ex-situ collections not acquired in accordance with the Convention on Biological Diversity, and whose countries of origin cannot be determined.

2. Genetic resources under 1(a) and 1(b) above shall be held under the auspices of the FAO or appropriate international organization, on behalf of the country/countries of origin and on behalf of the international community respectively.

Article 10
Global Information and Early Warning System

1. The Parties shall cooperate to set-up a global information system on scientific, technical environmental, and commercial matters relating to collections of plant genetic resources for food and agriculture, under the coordination of the FAO.

2. The Recipient shall disclose and/or transmit to the country of origin or to the FAO, as appropriate, at least once in a year, information on:

a) The status of the genetic resources it has received or accessed

b) The newly discovered uses, if any, of the genetic resources it has received or accessed;

c) Material under development for commercialization including varieties, cultivars and breeders' lines; and

d) If there is more than one country of origin, the proportion of the share of the genetic resource of each country that has gone into making the commercialized variety.

3. The FAO shall periodically examine the validity of the information disclosed and transmitted by the recipient and advise the country or countries of origin, as appropriate.

4. The Parties shall provide the international network as envisaged by Art.8(3), or the FAO, or any other institution designated by it, with an early warning of any natural or man-made hazard that threatens the safe and efficient maintenance and operation of an institution or center mentioned under Article 8, with a view to prompt international action to safeguard the genetic resources or materials maintained by the concerned institution or the centre.

5. The parties shall cooperate and take appropriate measures that ensure the collection and conservation of genetic materials, in a scientific way, in areas where, according to available information, plant genetic resources are in danger of becoming extinct due to natural, socio-economic or other reasons.

Article 11
Access to Plant Genetic Resources

1. The Parties to this Undertaking recognize the sovereign rights of States over their genetic resources, including the authority to determine access to those resources.

2. With respect to genetic materials in ex-situ collections acquired before/not in accordance with the Convention on Biological Diversity:

(a) Parties shall cooperate with one another and use the services of international organizations where necessary to identify the countries of origin of those genetic materials in ex-situ collections acquired before/not in accordance with the Convention on Biological Diversity;

(b) Each Party and international centre or institution with ex-situ collections of genetic resources acquired prior to the Convention on Biological Diversity shall hold such collections on behalf of the country or countries of origin or, when the country of origin is not known, on behalf of the international community;

(c) The rights over the ex-situ collections acquired before the Convention on Biological Diversity and of which the country of origin has not been identified or disputed shall be vested in the international community until such time that the country of origin is identified or any other arrangement is agreed upon by the meeting of the Parties; and

(d) The meeting of the Parties shall determine, on a case by case basis and as far as possible, the sovereign right over, and ownership of, disputed ex-situ collections made outside the Convention on Biological Diversity.

3. Nothing in this Article shall prevent smallholder farmers from unconditional access to plant genetic resources. Access to PGRFA by smallholder farmers, their communities and organizations, and national programmes and NGOS working on their behalf for non-profit purposes, shall be unrestricted. Access to plant genetic resources for such purposes, including research and plant breeding, shall be granted, subject to a commitment by the recipient not to use such resources for commercial purposes or apply intellectual property rights protection on any planting materials, products or processes involving those resources or any material derived or containing genes from such resources without the prior informed consent of the country of origin or the FAO, as the case may be.

4. Except as otherwise provided in Artilce 11.3, access to plant genetic resources for food and agriculture, shall be subject to the prior informed consent of the country of origin, or in the case of material in the multilateral system, the FAO, and to the conditions set out below:

a) The recipient shall request the competent authority of the country of origin or the FAO, as the case may be, for access to plant genetic resources by application in writing that contains information on:

(i) The material requested (i.e the name of species, any other taxonomic specification and amounts of resource to be accessed or collected);

(ii) The purpose for which it is requested, including where approporiate, the type and extent of commercial use expected to be derived from the resource; and

(iii) Proposed mechanisms or arrangements for benefit sharing including technology or financial transfer to the country of origin and its local farming communities, and the manner and extent of intended involvement of the country of origin in the necessary research and development on the genetic resource concerned.

b) in the case of material to be provided from in-situ sources, the recipient shall meet the requirements of para 4(a) and any generally agreed international standards on collecting, as well as other procedures as required by the Country of origin, ensure that farmers and communities are involved in PIC procedures in accordance with Article 12, and provide information on:

(i) The expected site of exploring or collecting; and

(ii) Whether any collection of the genetic resource endangers any component of biological diversity;

c) the recipient shall undertake commitments to share benefits, derived from any commercial use, on mutually agreed terms, to the country or countries of origin, or in case of genetic resources described under Art. 9 (1) (b) to the international fund, in accordance with Article 11.5;

d) The country of origin, or the FAO, as the case may be, shall respond to the application of the recipient in writing consenting to grant access to the plant genetic resource concerned with or without conditions, denying access, or requesting additional information in accordance with the provisions of this Undertaking;

e) No entry of any genetic resources shall be allowed by Parties to their territories unless their competent authority confirms that a prior informed consent has been obtained from the country of origin or the FAO, as the case may be, for that specific genetic resource;

f) The recipient shall not transfer the genetic resource to any third party without the prior informed consent of the country of origin or the country or the FAO;

g) Whenever the recipient becomes aware of relevant new information or discovers new use about the genetic resource it has acquired, it shall immediately inform the country of origin or the FAO, as the case may be, and the terms of the prior informed consent be changed accordingly; and

h) The country of origin or the FAO can unilaterally withdraw its consent and refuse access to and/or further use of the genetic resource concerned whenever it has become apparent, that the recipient has violated any of the mutually agreed terms, or the overriding public interest so demands.

5. Access to plant genetic resources shall be subject to commitments, by the recipient, to share benefits arising from the commercial utilization of those resources, including technology and the results of research and development with the country of origin based upon mutually agreed terms and the following provisions:

a) The recipient shall repatriate to the country of origin or to the international fund, as the case may be, a fixed proportion of the benefits derived from the commercial use of plant genetic resources to which it has been granted access, as determined by the meeting of the Parties;

b) In addition, the recipient shall ensure that relevant information and technology be made available in the country of origin following a direct or indirect commercialization of plant genetic resources to which it has been granted access;

c) The country of origin shall ensure that at least half of the benefits obtained in accordance with (a) and of the net profits derived from any commercial use of plant genetic resources at the local level is channelled to or shared with the farmers and local communities from which such resources are taken. It shall also ensure that a substantial part of the benefits derived is allocated for the conservation of biological diversity in the area where the collection of the genetic resources is undertaken;

d) In cases where a commercial use is derived from plant genetic resources or species endemic to the country of origin, benefit shall be shared only with that country of origin;

e) In cases where the genetic material commercialized occurs in-situ in more than one country, benefits shall be shared with the country in which the specific trait or traits in question is found;

f) In case where a trait occurs in-situ in more than one country or where traits have been combined from various countries of origin, the recipient shall disclose the percentage contributions of the various traits to the commercialization, to all the countries of origin and to the FAO, and the benefits accruing from commercialization shall be divided among those countries of origin accordingly;

g) The FAO shall establish or maintain a multilateral fund to collect the benefits accruing from accessing ex-situ collections described under Art. 9(1) (b) of the multilateral system as well as from other contributions as to be determined by the meeting of the Parties, and utilize the fund, upon the decisions of the meeting of the Parties, for promoting national, regional or international priority programmes designed for the conservation and sustainable utilization of plant genetic resources, ensuring that at least half of the benefits be directed towards activities in support of farmers' rights, in accordance with Artilce 12; and

h) The Party in whose jurisdiction the recipient operates shall, through its competent authority, ensure the conformity of the recipient's conduct with the requirements of this Undertaking and guarantee the equitable share of benefits arising from the commercialization of plant genetic resources to the country of origin or the multilateral fund, as the case may be.

6. Each Party shall ensure that appropriate policy, legal and institutional arrangements are created or strengthened for the regulation and administration of access to genetic resources, and shall, in particular, adopt domestic legislation that prevents and punishes illegal access to genetic resources in accordance with the following paragraphs:

a) Any prospecting or collecting activity or acquisition of plant genetic resources, other than as provided for in Article 11.3, without the prior informed consent of the country of origin and the concerned local farming communities and any transfer to a third party, or any use that is not specified in the prior informed consent, shall be deemed to be illegal access to genetic resources;

b) Any seed or other generative biological material used for commercial purposes without informing of the fact to, and without signing the necessary benefit sharing agreement, with the country or countries of origin or the FAO, as the case may be, shall be deemed to be illegal access to genetic resources; and

c) In case of access to plant genetic resources deemed to be illegal, the country of origin shall have the right to claim the return or complete destruction of the resources in question and any associated damages from the recipient through the relevant competent authority.

Article 12
Farmers' Rights

1. The parties to this Undertaking shall protect Farmers' Rights to lifestyles, land and biological diversity and promote the exercises of these rights in accordance with appropriate national laws and the provisions of this Undertaking.

2. Parties shall ensure that the genetic resources, traditional and indigenous knowledge, innovations and practices of farmers and local communities embodying traditional lifestyles relevant for the conservation and sustainable use of plant genetic resources are protected under a Collective Rights Regime developed through local and national consultative processes. Each Party shall ensure that these rights are implimented through the full participation of farming and local natural resource-based communities. This participation should be facilitated by supporting and strengthening these communities and their organizations and by developing relevant national legislation to enable them to exercise their collective rights.

3. In this respect. Parties shall take measures, including legislative measures, in order to ensure that intellectual property rights are supportive of and do not counter to the objectives of this Undertaking in general and Farmers' Rights in particular. Where necessary, existing national and international agreements, inter alia, intellectual property rights, land tenure and seed legislation, should be modified.

4. Parties shall ensure that farmers and local communities receive and equitable share in the benefits derived from the utilization of their genetic resources, traditional and indigenous knowledge, innovations and systems which support and enhance the conservation and sustainable use of plant genetic resources for food and agriculture, including access to genetic resources. The Parties to this Undertaking shall take the necessary measures including, as appropriate, legislative measures to guarantee that farming and local communities which provide plant genetic resouces, participate fully in the definition and disbursement of any national and international funding mechanism and any agreement on bilateral sharing of benefits.

5. The Parties shall take necessary measures, including, as appropriate, legislative measures, to assist farming communities, particularly in the areas of origin or diversification of plant species used for food and agriculture, in the conservation and sustainable utilization of their genetic resources and to support research and training activities and the transfer of technologies. Research and development on plant genetic resources shall be carried out, where appropriate and possible, with the full participation of the farming communities of the country which supplied the genetic resources.

6. The Parties shall ensure that socio-economic and agricultural research is fully compatible with and supportive of farmer-based knowledge systems, and that current national and international research afforts are assessed and, if necessary, re-oriented with the full participation of local communities.

7. Parties shall ensure that prior informed consent of the concerned farmers and local communities is obtained before any collection or accession of plant genetic resources is undertaken. The competent authorities shall identify and record the genetic resources provided by farmers and local communities, and require the Recipient to disclose the origin of the genetic resources utilized in the development of varieties for commercial purposes.

8. Parties shall Protect the rights of farming communities to keep, use, exchange, share and market seed and other plant reproductive materials, including the right to re-use farm-saved seed and other plant propagating materials. The Parties shall ensure that no financial and market barriers exist against the traditional exchange systems of plant genetic resources and the development of new farmers' varieties.

9. Parties shall develop and strengthen the capacity of farming and local communities necessary for the promotion of conservation and sustainable use of plant genetic resources and the implementation of Farmers' Rights.

1. Parties shall ensure that farmers and local communities effectively participate in the process of decision making relating to the conservation and sustainable utilization of plant genetic resources, in particular in determining access to genetic resources, the implementation of Farmers' Rights, the allocation of funds and in the definition, implementation and review of measures taken at national and international levels to implement this Undertaking. In order to do this, Parties shall ensure that there is an effective and continuous dialogue, consultation and collaboration with farmering and local communities on the implementation of this Undertaking.

Article 13
Monitoring of Activities

1. Parties shall adopt and maintain means for monitoring activities related to exploration collection, conservation, documentation, exchange and use of plant genetic resources, including monitoring the status of the genetic resources received or accessed by the recipient.

2. Parties shall establish, maintain or strengthen an international mechanism for the purpose of monitoring, the operation of relevant international institutions referred to in Article 8, and the effective and prudent transmission of information and early warning system referred to in Article 10 and to take appropriate actions that improve the conservation and sustainable use of plant genetic resources for food and agriculture.

Article 14
Financial Arrangements

1. Parties shall provide adequate funds, including an international fund, from different sources, for the purpose of implementing this Undertaking.

2. The provision of financial resources shall take due account of the need to support capacity building in and technology transfer to developing countries, as well as to promote activities of conservation and enhancement of plant genetic resources for food and agriculture that will ensure long-term global benefits.

3. The financial resources of the international fund referred to in Article 11.5(f) of this Undertaking, and other funding mechanisms established or maintained for the purpose of implementing the objectives of this Undertaking shall be substantial, sustainable and based on the principles of equity and transparency.

4. The Parties shall determine and review, from time to time, the policies, programmes and priorities of the international fund and of other funding mechanisms in accordance with the objectives of this Undertaking.