22 SEPTEMBER 2005. - Wet houdende instemming met de Overeenkomst houdende oprichting van het « International Plant Genetic Recources Institute », gedaan te Rome op 9 oktober 1991. - Addendum (1)
De hierna gepubliceerde tekst is een wijziging van de bijlage bij de overeenkomst, die goedgekeurd werd op 19 september 2008.
(Wijziging op basis van artikel 19 van de Overeenkomst).
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Nota
(1) Zie Belgisch Staatsblad d.d. 30 april 2008 (blz. 23287-23304).
CONSTITUTION OF THE INTERNATIONAL PLANT GENETIC RESOURCES INSTITUTE
Article 1 Status
i. The International Plant Genetic Resources Institute, which operates under the name Bioversity International (hereinafter referred to as « Bioversity International » or « the Organization ») is an International Research Organization supported by the Consultative Group on International Agricultural Research (hereinafter referred to as the « CGIAR »). It shall operate as a non-profit autonomous organization, international in status and nonpolitical in management, staffing and operations. The Organization shall be organized exclusively for scientific and educational purposes.
ii. The Organization shall possess full juridical international personality and enjoy such legal capacities as may be necessary for the exercise of its functions and the fulfilment of its purposes.
iii. The Board of Trustees of the Organization may from time to time change the name under which the Organization operates.
Article 2 Headquarters Location
The country of location of Bioversity International's headquarters shall be designated by the Board of Trustees of Bioversity International after consultation with the CGIAR, and in accordance with the requirements for the exercise of the functions and the fulfilment of the purposes of Bioversity International. The Board of Trustees may establish offices in other locations as required to support the Organization's programme.
Article 3 Aims
i. Bioversity International aims to promote, encourage, support and engage in activities to strengthen the conservation and sustainable use of agricultural biodiversity, that is, those aspects of biodiversity that contribute directly and indirectly to human well-being, worldwide, both within the CGIAR and outside, and with special emphasis on the needs of developing countries.
ii. The specific aims of Bioversity International shall be sixfold :
a. to contribute to efforts to construct an evidence base on the value and importance of the conservation and sustainable use of agricultural biodiversity.
b. to assist countries, particularly developing countries, to integrate the sustainable use of agricultural biodiversity in their policies and strategies devoted to the development of human livelihoods and potential.
c. to assist countries, particularly developing nations, to assess and meet their needs for the conservation of agricultural biodiversity and to strengthen links between the conservation and the sustainable use of agricultural biodiversity;
d. to strengthen and contribute to international technical and scientific cooperation in the conservation and sustainable use of agricultural biodiversity;
e. to develop and promote improved strategies and technologies for the conservation and use of agricultural biodiversity;
f. to provide an international information service on agricultural biodiversity.
iii. In addition to these six institutional aims concerning agricultural biodiversty, Bioversity International will contribute to broader CGIAR goals where these are in line with the Organization's own aims.
Article 4 Guiding Principles
Bioversity International shall conduct its programme in pursuance of the aims described in Article 3 hereof based on the following principles :
i. Conservation of agricultural biodiversity is not an end in itself but a necessary step in the sustainable improvement of the human condition and the maintenance of environmental integrity. Concern for meeting human needs is at the heart of Bioversity International's programme. Special attention is focused on the needs of the poor, primarily in developing countries, and in full recognition of the central role played by women and indigenous and local communities;
ii. The conservation and wise use of agricultural biodiversity is a concern involving many people. Bioversity International works with partners from all sectors of society, at the local, national, regional and international levels. Bioversity International is an integral component of the global effort and aims to strengthen and facilitate the work of others through appropriate high quality research, information exchange and making available its scientific and technical expertise;
iii. Recognizing the sovereign rights of countries over their genetic resources, Bioversity International strives to promote the availability of genetic resources and access to them in a manner consistent with the provisions of international agreements and treaties, such as the International Treaty on Plant Genetic Resources for Food and Agriculture and the Convention on Biological Diversity, and to ensure the equitable sharing of benefits arising from the use of such resources and the knowledge and practices associated with them;
iv. The conservation and sustainable use of agricultural biodiversity requires multiple approaches, and flexibility to be able to respond to changing national priorities and needs and human, political, environmental and technical circumstances.
Article 5 Activities
i. Bioversity International shall formulate a research programme to develop and maintain the necessary scientific and technological base and the necessary staff expertise to underpin the science of the conservation and sustainable use of agricultural biodiversity. This programme shall be directed towards innovation and technology development and the transfer of the results of such work to Bioversity International's user community.
ii. Bioversity International shall act as a catalytic and coordinating body and shall promote collaboration, share expertise and encourage joint planning in activities in the field of sustainable use and conservation of agricultural biodiversity.
iii. Bioversity International shall collaborate with FAO and other relevant international agencies in developing effective programmes to monitor the status of genetic resources inthe world and shall work towards the development of national, regional and international programmes. The Organization shall facilitate the exchange of information from all publicly available sources, relevant to the conservation and sustainable use of agricultural biodiversity taking into account the special needs of developing countries. Such exchange of information shall include results of technical, scientific and socioeconomic research, as well as information on training programmes.
iv. Bioversity International shall undertake efforts to analyze and develop policy options that will promote the conservation and sustainable use of agricultural biodiversity with an emphasis on removing legal and other obstacles. The Organization shall further keep abreast of policies, practices and capabilities of other agencies active in the field and on related issues such as intellectual property rights and farmers' rights, and shall, upon request, assist countries in these matters and serve in an advisory capacity within and outside the CGIAR system.
v. Bioversity International shall perform such other activities as its Board of Trustees may find necessary or useful in furtherance of the aims set forth in Article 3 hereof.
Article 6 Powers
i. In furtherance of the aforesaid aims and activities, Bioversity International shall have the following powers :
a. to receive, acquire or otherwise lawfully obtain from any governmental authority or from any corporation, company, association, person, firm, foundation or other entity whether international, regional or national, such charters, licenses, rights, concessions or similar rights, and assistance - financial or otherwise - as are conducive to and necessary for the attainment of the aims of the Organization;
b. to receive, acquire or otherwise lawfully obtain from any governmental authority or from any corporation, company, association, person, firm, foundation or other entity whether international, regional or national, by donation, grant, exchange, devise, bequest, purchase or lease, either absolutely or in trust, contributions consisting of such properties, real, personal, or mixed including funds and valuable effects or items, as may be useful or necessary to pursue the aims and activities of the Organization and to hold, operate, administer, use, sell, convey or dispose of the said properties;
c. to enter into treaties and contracts;
d. to employ persons according to its own regulations and to establish a system or systems of internal taxation for staff employed by Bioversity International;
e. to institute, and defend in, legal proceedings;
f. to perform all acts and functions as may be found necessary, expedient, suitable or proper for the furtherance, accomplishment or attainment of any and/or all of the purposes and activities herein stated, or which shall appear, at any time, as conducive to or necessary and useful for the aims and activities of the Organization.
ii. No part of the earnings of Bioversity International shall inure to the benefit of, or be distributable to, its members, trustees, officers, or other private persons, except that the Organization shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the aims set forth in Article 3 hereof.
Article 7 Organs
The organs of Bioversity International shall be :
i. The Board of Trustees (hereinafter referred to as the « Board »);
ii. The Director General.
Article 8 Composition of the Board
i. The Board shall consist of between nine and thirteen members, selected as follows :
a. two members elected by the Board upon nomination by the CGIAR, and up to eight members-at-large elected by the Board. Regard shall be paid especially to proposed members' professional experience and...
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