Analysis of the draft law:
Analysis of the Law of Ukraine on Accession to the International Treaty on Plant Genetic Resources for Food and Agriculture
Essence of the draft law
The draft law provides for Ukraine’s accession to the International Treaty on Plant Genetic Resources for Food and Agriculture, concluded back in 2001. This means that Ukraine assumes the obligations defined by this treaty regarding the conservation and use of plant genetic resources. An important aspect is the statement that the treaty does not apply to temporarily occupied territories until the restoration of the territorial integrity of Ukraine.
Structure and main provisions
The law consists of one clause and an annex. Clause 1 directly orders to accede to the International Treaty. The annex contains the text of the International Treaty on Plant Genetic Resources for Food and Agriculture itself (which is absent in the provided text). Also, an important element is Ukraine’s statement regarding the non-application of the treaty’s provisions in the temporarily occupied territories.
Main provisions and their significance
- Accession to the International Treaty: This means that Ukraine becomes part of an international system that regulates access to plant genetic resources, their conservation and use. This may affect agriculture, scientific research, and plant breeding.
- Statement on temporarily occupied territories: This is a key aspect that emphasizes Ukraine’s position regarding its territorial integrity. In fact, Ukraine states that it cannot guarantee the implementation of the treaty’s provisions in territories that it does not temporarily control. This is important to avoid any speculation or accusations of non-compliance with obligations in these territories. For legislators, experts, businesses and citizens, this is a guarantee that national interests will be protected.
- Entry into force: The law shall enter into force 90 days after the deposit of the instrument of accession with the Depositary. This is a standard procedure, but it is important to consider this term when planning relevant measures.
Analysis of the explanatory note:
Analysis of the draft Law of Ukraine “On Ukraine’s Accession to the International Treaty on Plant Genetic Resources for Food and Agriculture”
Good day! Today, as a lawyer with many years of experience, I will conduct for you an analysis of an important draft law regarding Ukraine’s accession to the International Treaty on Plant Genetic Resources for Food and Agriculture. Let’s consider the essence, reasons, consequences and other important aspects of this document.
1. Essence of the draft law
The draft law provides for Ukraine’s accession to the International Treaty on Plant Genetic Resources for Food and Agriculture. This will allow Ukraine to become a full participant in international cooperation in the field of conservation and use of plant genetic resources.
2. Reasons for and necessity of adopting the draft law
The authors of the explanatory note state that the adoption of this draft law is necessary for several key reasons:
- Fulfillment of international obligations: The project was developed in compliance with the requirements of the Law of Ukraine “On International Treaties of Ukraine” to ensure the domestic procedure for acceding to the International Treaty.
- Protection of genetic resources: The military aggression of the Russian Federation has created a threat to the genetic resources of Ukraine, and accession to the Treaty will help ensure their preservation.
- Combating hunger and poverty: The International Treaty is an important tool in the fight against hunger and poverty, ensuring access to plant genetic resources.
- Global problem solving: The Treaty offers mechanisms for addressing problems related to the loss of crop diversity and adaptation to climate change, including through the Multilateral System of Access to Genetic Material and the Benefit-Sharing Fund.
3. Main consequences of the draft law
The adoption of this law may have significant consequences for various stakeholders:
- For legislators: The law demonstrates Ukraine’s commitment to international cooperation in the field of agriculture and biodiversity conservation. It also contributes to the implementation of the Association Agreement with the EU.
- For experts: The law opens up opportunities for scientific research and information exchange in the field of plant genetic resources.
- For business: The law provides access to the Multilateral System of Access and Benefit-Sharing, which can promote the breeding of new plant varieties and increase agricultural productivity.
- For citizens: The law promotes food security and the conservation of the diversity of food crops, which is important for future generations.
In addition, accession to the International Treaty will allow Ukraine to:
- Participate in international actions for the collection, conservation and use of plant gene pool.
- Influence international policy on plant genetic resources.
- Have access to international funds that finance these areas.
Thus, accession to the International Treaty on Plant Genetic Resources for Food and Agriculture is an important step for Ukraine, which will contribute to its integration into the world community and ensure sustainable agricultural development.
Analysis of other documents:
Analysis of documents on Ukraine’s accession to the International Treaty on Plant Genetic Resources
1. справка про погодження проекту Закону [Reference on the Approval of the Draft Law]
Position: The document testifies to broad support for the draft Law, as it has been agreed with all key ministries and departments, including the Ministry of Economy, Finance, Foreign Affairs, Justice, Digital Transformation, the NACP, and the National Academy of Agrarian Sciences of Ukraine.
Main provisions:
- Broad support: Coordination of the draft Law with key state bodies indicates a consensus on the need for Ukraine to accede to the International Treaty.
- Competence: The participation of the National Academy of Agrarian Sciences of Ukraine indicates the scientific validity of the decision to accede to the Treaty.
- No reservations: The certificate does not contain any reservations or special opinions, which may simplify the process of adopting the Law.
2. Statements and reservations of other countries
Position: The document contains statements and reservations from various countries that have already acceded to the International Treaty. Most of the statements concern the interpretation of Article 12.3.4 of the Treaty. All countries indicate that accession to the treaty should not diminish the availability or exercise of intellectual property rights under national law.
Main provisions:
- Intellectual property: Statements by EU member states, Japan, the United States and other states emphasize the importance of preserving intellectual property rights when using plant genetic resources. In particular, attention is drawn to Article 12.3.4 of the Treaty. This is important for Ukrainian breeders and agricultural enterprises.
- Dispute resolution: Myanmar and Bolivia have expressed their preferences regarding the mechanisms for resolving disputes that may arise in the interpretation or application of the Treaty. Ukraine should take this experience into account when determining its own position.
- International experience: Analyzing the statements of other countries will help Ukraine avoid possible problems and adapt the provisions of the Treaty to national legislation.
3. Letter from the President of Ukraine to the Verkhovna Rada of Ukraine
Position: The President of Ukraine initiates the consideration by the Verkhovna Rada of Ukraine of the draft Law on Ukraine’s accession to the International Treaty, which indicates the support and importance of this issue for the state.
Main provisions:
- Submission by the President: The introduction of the draft law by the President of Ukraine emphasizes its political weight and priority.
- Minister Rapporteur: The designation of the Minister of Agrarian Policy and Food of Ukraine as the rapporteur on the draft law indicates that the Ministry sees the greatest value in acceding to the treaty.
4. Draft Resolution of the Verkhovna Rada of Ukraine
Position: The draft Resolution provides for the adoption as a basis of the draft Law and its further finalization, which is a standard procedure for draft laws.
Main provisions:
- Adoption as a basis: This is the first step towards the adoption of the Law, which will allow to start its detailed discussion and amendments.
- Finalization: The Committee of the Verkhovna Rada of Ukraine will be responsible for finalizing the draft law, taking into account the comments and proposals, which will ensure its quality and compliance with the interests of various parties.
