Implementing Regulation of the Law on the Handling of Plant Genetic Resources for Food and Agriculture

(Article 1) Definitions

 

The following words and phrases shall have the meanings assigned to them next to each, unless the context requires a different meaning.

Local Community: A group of people residing in a specific geographical area who participate collectively in social and economic activities, sharing social values and feeling a sense of belonging to it.

Collection: Refers to the collection of plant genetic resources for food and agriculture from their natural environment.

Collector: Any natural or legal person who has obtained a permit to collect plant genetic resources for food and agriculture from the National Committee for the Management of Plant Genetic Resources.

Collection Permit: A permit granted by the National Committee to approve the collection of specific plant genetic resources from a defined geographical area and according to the conditions under which the collection must take place.

In-situ Conservation: Refers to the management and sustainable conservation of ecosystems and natural sites of plant genetic resources, ensuring their sustainability and the restoration of species populations that have the means to survive in their natural surroundings. This applies to plant species developed in environments where distinctive characteristics evolved.

Ex-situ Conservation: Refers to the management and sustainable conservation of plant genetic resources outside their natural sites, including gene banks or similar facilities.

Sustainable Use: The use of biodiversity elements in a manner and at a rate that does not adversely affect the long-term decline of this diversity and its ability to meet the needs and aspirations of future generations.

Person: Refers to any natural or legal person, including any government entity, institution, company, cooperative association, organization, or international bodies or unions.

Law: The law governing the handling of plant genetic resources for food and agriculture.

Regulation: The implementing regulation of the law governing the handling of plant genetic resources for food and agriculture.

(Article 2)

  • The National Committee for the Management of Plant Genetic Resources, in collaboration with other relevant entities, works to achieve the following objectives:

  • First: Monitoring, exploring, and conserving plant genetic resources, which includes the following areas:

    • 1. Identifying the geographical scope of plant genetic resources, assessing the extent of genetic diversity, determining genetic erosion, and mapping ecosystems.

    • 2. Developing programs for the purpose of surveying, exploring, and cataloging plant genetic resources, and creating lists of economically and environmentally important plants, as well as those that are extinct, endangered, rare, wild relatives, and wild foods, and those prohibited from entering and exiting through ports, and mitigating threats related to plant genetic resources for food and agriculture.

    • 3. Encouraging the management of plant genetic resources within their natural habitats and beyond, and supporting the efforts of farmers and local communities.

    • 4. Developing programs for the purpose of collecting and purifying local species of plant genetic resources and propagating them in collaboration with scientific entities and the private sector, focusing on economically important, rare, and endangered plants.

  • Second: Organizing access to plant genetic resources and the fair sharing of benefits arising from their use, which includes the following:

    • 1. Organizing all activities related to plant genetic resources.

    • 2. Applying the principles of the international treaty on plant genetic resources to practices and activities related to plant genetic resources.

  • Third: Working to regulate the trade of plant genetic resources for commercial or other purposes and organizing their entry and exit through border crossings.

  • Fourth: Developing necessary programs to protect traditional knowledge related to plant genetic resources.

  • Fifth: Preparing appropriate plans to encourage the efforts of local farmers and stakeholders interested in the management, development, and conservation of plant genetic resources.

 

(Article 3) Members of the National Committee

 

1. The membership of the National Committee for the Management of Plant Genetic Resources consists of a number of specialists from relevant entities in accordance with the first paragraph of Article Three of the Law, and the appointment of the members of the National Committee is issued by a decision from the Minister.

2. The membership in the National Committee is for a period of three years, renewable once, except for the Chairperson of the Committee and the General Secretary.

3. The members of the Committee shall elect a Vice-Chairperson from among themselves.
 

(Article 4) Meetings of the National Committee

1. The National Committee for the Management of Plant Genetic Resources shall meet at least six times a year, upon the invitation of the President of the Committee or if one-third of the members request the Committee to convene.

2. The meeting of the Committee is valid with the presence of at least two-thirds of the members; if the specified number is not met, the next meeting shall be valid provided that the attending members are not less than one-third of the members, including the President or his deputy.

3. The meetings of the National Committee shall be held at the headquarters of the Ministry's Agency for Agriculture or the National Committee for the Management of Plant Genetic Resources, or at any other location proposed by the President of the National Committee.

4. The decisions of the Committee shall be issued by a majority of the votes of the attending members; in the event of a tie, the side that the President of the meeting voted for shall prevail.

5. The National Committee may delegate one of its members to follow up on the implementation of the decisions made by the Committee, and it may also delegate one of its members or the General Secretary to carry out any matters related to the tasks of the National Committee.

6. The Secretary of the Committee shall prepare minutes regarding the topics listed in the meetings of the National Committee, the decisions and recommendations made, and any reservations from the members. All attending members shall sign the minutes - or approve them by electronic means - and the originals of the minutes shall be kept at the General Secretariat.

7. A reward of two thousand (2000) Riyals shall be granted to each member of the National Committee for the Management of Plant Genetic Resources for each session.

(Article 5) Competencies of the National Committee

 

The National Committee is responsible for the overall supervision of all areas related to plant genetic resources and establishing the relevant regulations. It serves as the reference for all matters concerning plant genetic resources, and it has, in particular, the following responsibilities:

1. Developing administrative and technical strategies and policies related to the management, development, and conservation of plant genetic resources for food and agriculture.

2. Approving the conduct of studies and the establishment of programs that lead to achieving the objectives of the law.

3. Approving the creation of a database to preserve information related to plant genetic resources.

4. Coordinating with local, regional, and international entities concerning its area of competence, according to the applicable legal procedures.

5. Issuing a list of plant genetic resources that are prohibited from being collected, entering, or exiting through the ports, and that are permanently or temporarily banned from being traded, and amending it in cooperation with the relevant authorities.

6. Approving the preparation of necessary programs and plans aimed at raising awareness among farmers and local communities about the importance of plant genetic resources, including holding workshops, seminars, and preparing educational programs, publications, and brochures.

7. Approving the organizational structure of the General Secretariat of the National Committee for the Management of Plant Genetic Resources.

8. Proposing amendments to the law and the implementing regulation.

9. Proposing the annual budget for the National Committee. 

10. Approving periodic reports related to plant genetic resources prepared by the General Secretariat.

11. Approving the acceptance of gifts and donations according to the applicable rules in this regard.

12. Approving the formation of permanent and temporary committees to carry out certain tasks that achieve the objectives of the law.

13. Seeking the services of specialists in the field of plant genetic resources or other areas needed for the committee's work. 

14. Approving the conclusion of agreements, memoranda of understanding, and contracts related to the committee's tasks in accordance with the applicable procedures in this regard.

15. Approving the financial fees for issuing permits and services provided by the National Committee.

16. The National Committee may delegate some of its powers mentioned above to the Chairperson of the Committee or one of the members, provided that the committee is informed of what is executed in this area.

 

(Article 6) Resources of the National Committee

Previous Amendments

 

1. The resources of the National Committee consist of the following:

A- The allocations designated for it in the budget of the Ministry.

B- The financial fees for issuing permits for the entry and exit of plant genetic resources through the ports.

C- The fines imposed on violators of the provisions of the law. The financial fees for issuing permits for collection from the natural site.

E- Donations and contributions.

F- Any other resource approved by the National Committee.

2. The revenue funds are deposited in the current account of the Ministry of Finance at the Saudi Central Bank, and the National Committee disburses from these funds in accordance with its proposed budget.

(Article 7)

 

The National Committee for Plant Genetic Resources is responsible for developing the plans and programs necessary for preparing the human resources and equipment required for activities related to plant genetic resources in order to achieve the objectives of the Law and its Executive Regulations.

(Article 8) Competencies of the General Secretariat

The competencies of the General Secretariat establish a General Secretariat that follows the National Committee and is administratively organized under the President of the Committee, with its main headquarters located in Riyadh. The Minister appoints a specialized Secretary with expertise in the field of plant genetic resources, and it is responsible for the following:

1. Receiving claims from stakeholders to engage in activities related to plant genetic resources.

2. Providing plant genetic resources from outside the site.

3. Issuing permits for collection from the natural site.

4. Approving the acquisition of plant genetic resources from within and outside the multilateral system.

5. Concluding material transfer agreements with stakeholders.

6. Concluding a unified material transfer agreement with stakeholders in accordance with the provisions of the international treaty.

7. Working on implementing studies and programs approved by the National Committee.

8. Preparing periodic reports related to plant genetic resources.

9. Exploring, monitoring, and maintaining plant genetic resources.

10. Issuing permits for the entry and exit of plant genetic resources through the ports.

11. Proposing the organizational structure of the General Secretariat of the National Committee for the Management of Plant Genetic Resources and the tasks and administrative linkage of the proposed administrative units.

12. Participating in local, regional, and international meetings and workshops related to plant genetic resources.

13. Any other tasks assigned to it by the National Committee.

14. The General Secretary is responsible for carrying out the tasks mentioned above, and he may delegate some of those tasks to whom he sees fit among the officials of the General Secretariat, after obtaining the approval of the National Committee for that.

(Article 9)

 

1. The General Secretariat is responsible for issuing permits related to plant genetic resources, including the following permits:

A- Permit for collecting plant genetic resources from their natural environments.

B- Permit for conducting specialized studies and research.
C- Permit for the propagation of plant genetic resources.

D- Permit for the entry and exit of plant genetic resources through the ports.

2. Waiver of these permits is not allowed except after fulfilling the necessary conditions set by the National Committee.

(Article 10)

 

Any person wishing to obtain a permit related to plant genetic resources must fulfill the following requirements:

1. Submit a claim that includes the identification of the applicant and all members of the working team.

2. Provide a list of the required plant genetic resources.

3. Clarify the objectives for which the research and/or studies on the plant genetic resources are being requested.

4. Identify the entities that may participate in conducting this research and the anticipated benefits from obtaining them.

5. Specify the location for conducting the scientific research on plant resources and the communication mechanism with the permit holder.

6. Explain the proposed mechanisms for sharing the benefits arising from the permits related to plant genetic resources.

7. Confidentiality of certain information regarding the scientific research may be established by agreement between the General Secretariat and the permit holder.

8. A copy of the final research on the plant genetic resources in question must be provided to the General Secretariat.

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