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1.Signed on February 26, 2009; Entered into force February 26, 2009.

 
STANDARD AGREEMENT BETWEEN THE DEPOSITOR AND THE ROYAL NORWEGIAN
MINISTRY OF AGRICULTURE AND FOOD

PREAMBLE
WHEREAS
1.The Government of the Kingdom of Norway has established the
Svalbard Global Seed Vault to provide a safety net for the
international conservation system of plant genetic resources,
and to contribute to securing the maximum amount of plant
genetic diversity of importance to humanity for the long-term
in accordance with the latest scientific knowledge and most
appropriate techniques;
2.The Svalbard Global Seed Vault will be under the ownership of
the Government of the Kingdom of Norway, and situated in
Longyearbyen, Svalbard. The Royal Norwegian Ministry of
Agriculture and Food is the national authority liable for the
Svalbard Global Seed Vault;
3.The Royal Norwegian Ministry of Agriculture and Food, the
Global Crop Diversity Trust and the Nordic Genetic Resource
Centre have entered into an agreement providing for the
management, operation and the long-term funding of the
Svalbard Global Seed Vault. Under the agreement, the Nordic
Genetic Resource Centre is required to liaise with depositors
with respect to the material to be deposited and the timetable
and process for deposition, including guiding the depositors
with regard to the packaging and labelling of the material to
be deposited consistent with the guidelines and relevant
national and international law, and is required, on behalf of
the Royal Norwegian Ministry of Agriculture and Food, to enter
into and sign the Deposit Agreements with depositors on the
basis of the Standard Deposit Agreement;
4.Agricultural Research Institute, Council of Agriculture,
Executive Yuan, R.O.C. (hereinafter referred to as “ the
Depositor ” )holds a collection of seeds of distinct plant
genetic resources of importance to humanity, and wishes to
ensure the long-term safety of its collection by depositing
samples of that collection in the Svalbard Global Seed Vault.

Now therefore, the Royal Norwegian Ministry of Agriculture and
Food and the Depositor (hereinafter referred to collectively as
“ the Parties ” )
hereby agree as follows:

Article 1
Deposit of Plant Genetic Resources
1.The Depositor agrees to deposit in the Svalbard Global Seed
Vault samples of plant genetic resources described generally
in Annex 1 to this Agreement (hereinafter referred to as “
the Deposited Materials ” ), and the Royal Norwegian Ministry
of Agriculture and Food agrees to accept such deposit, in
accordance with the terms and conditions set out in this
Agreement.
2.The Depositor recognizes the right of the Royal Norwegian
Ministry of Agriculture and Food to refuse to accept samples
for deposit, or to terminate the deposit
a.if the Depositor fails to comply fully with the terms and
conditions set out in this Agreement; or
b.for reasons of force majeure.
3.In particular and without prejudice to the generality of the
above, the Depositor recognizes the right of the Royal
Norwegian Ministry of Agriculture and Food to refuse to accept
samples for deposit or to terminate the deposit of samples
already deposited if the samples constitute duplicates of
materials already held in deposit in the Svalbard Global Seed
Vault.
Article 2
Effect of the Deposit on Property rights
1.The act of depositing the Deposited Materials in the Svalbard
Global Seed Vault shall have no affect whatsoever on the
nature and extent of any property rights pertaining to the
Deposited Materials.
2.In particular and without prejudice to the generality of the
above, the act of deposit shall not act in any way to convey
any property rights over the Deposited Materials to the Nordic
Genetic Resource Centre or the Royal Norwegian Ministry of
Agriculture and Food.
Article 3
Obligations of the Depositor
1.Subject to paragraph 2 of this Article, the Depositor shall
deposit only samples of plant genetic resources that
a.are, to the best of the Depositor’s knowledge,
i.of importance to food security and sustainable
agriculture;
ii.samples of plant genetic resources that have not yet been
deposited in the Svalbard Global Seed Vault;
b.have been safety duplicated in a suitable genebank.
2.Any or all of the requirements set out in paragraph 1 of this
Article may be waived by the Royal Norwegian Ministry of
Agriculture and Food, or by the Nordic Genetic Resource Centre
or other institution designated by the Royal Norwegian
Ministry of Agriculture and Food to act on its behalf as
manager of the Svalbard Global Seed Vault. Any waiver granted
shall be in writing.
3.The Depositor shall provide an inventory of each shipment of
Deposited Materials under this Agreement in accordance with
the standards set out in Annex 2.
4.The Depositor shall ensure that the Deposited Materials in
each shipment:
a.conform fully to the general descriptions of the Deposited
Materials in Annex 1 and to the specific descriptions in the
inventory for that shipment;
b.are accompanied by any necessary certificates relating to
the plant health of the samples as may be required by the
laws of the country of export, the Government of the Kingdom
of Norway, and any other country through whose territory the
Deposited Materials are to transit, and that other
procedures required by those laws in respect of that
shipment have been complied with;
c.are deposited consistent with other relevant national and
international law;
d.have been packed, sealed and labelled and are accompanied by
appropriate documentation in conformity with the standards
set out in Annex 2 to this Agreement, taking into account
such guidelines as may be issued from time to time by the
Royal Norwegian Ministry of Agriculture and Food; and
e.will be dispatched in accordance with the schedule set out
in Annex 1 to this agreement.
Article 4
Conditions of Deposit
1.The material deposited will be maintained in permafrost
conditions supplemented by refrigeration in accordance with
internationally agreed standards for long-term seed storage.
2.All storage costs pertaining to the Deposited Materials shall,
unless otherwise agreed between the Parties, be the
responsibility of the Royal Norwegian Ministry of Agriculture
and Food. Costs pertaining to the packaging and shipping of
the Deposited Materials shall be borne by the Depositor.
3.The Deposited Materials will remain in sealed envelopes packed
in sealed boxes, unless otherwise agreed with the Depositor.
Where packages or boxes are damaged during transport or
storage, or where packages or boxes have been opened for
inspection by customs or other authorities, the Royal
Norwegian Ministry of Agriculture and Food shall notify the
Depositor. In the event that seeds have been spilled they will
be destroyed. In the case of other damage the Royal Norwegian
Ministry of Agriculture and Food will endeavour to repair the
damage where possible, or provide for the repackaging or
resealing of the Deposited Materials in consultation with, and
with the agreement of, the Depositor.
4.The Royal Norwegian Ministry of Agriculture and Food will not
accept responsibility for any germination testing of Deposited
Materials, except as may be otherwise agreed in writing with
the Depositor. The Royal Norwegian Ministry of Agriculture and
Food will return testing samples of the Deposited Materials
for germination testing by the Depositor at the Depositor ’ s
request and expense, where such testing samples have been
provided by the Depositor for that purpose in agreement with
the Royal Norwegian Ministry of Agriculture and Food. Testing
samples shall be packed in separate boxes.
5.The Royal Norwegian Ministry of Agriculture and Food shall
inform the Depositor of the location of the Deposited
Materials in the Svalbard Global Seed Vault.
Article 5
Withdrawal of Deposited Materials
1.The Depositor shall have the right to withdraw all or any of
the Deposited Materials at any time on the giving of written
notice.
2.Any written notice given under this Article shall identify the
individual boxes of Deposited Materials that are to be
withdrawn. No Deposited Materials will be returned where this
requires the opening of a box or boxes in which the Deposited
Materials are packed.
3.The Royal Norwegian Ministry of Agriculture and Food
undertakes to return the Deposited Materials within a period
of one year from the date of receipt of such written notice.
4.The costs of packaging and shipping in respect of the return
of Deposited Materials shall, unless otherwise agreed between
the Parties, be borne by the Depositor.
5.The Depositor shall be responsible for complying with all
export clearance procedures required by the Government of the
Kingdom of Norway on the return of the Deposited Materials and
for all import or transit procedures required by the country
of import or transit. The Royal Norwegian Ministry of
Agriculture and Food shall use its best efforts to provide
such documentation regarding the Deposited Materials and the
conditions under which the Deposited Materials were deposited
as may be necessary to facilitate such procedures.
6.The Depositor shall notify the Royal Norwegian Ministry of
Agriculture and Food in writing if it wishes the Deposited
Materials to be no longer retained in the Svalbard Global Seed
Vault but does not wish the Deposited Materials to be returned
to it; in such case, the Deposited Materials will be disposed
of by the Royal Norwegian Ministry of Agriculture and Food in
accordance with its operating rules and procedures applicable
to the Svalbard Global Seed Vault.
Article 6
Right of the Royal Norwegian Ministry of Agriculture and Food to
Terminate the Deposit
1.The Royal Norwegian Ministry of Agriculture and Food shall
have the right to terminate the deposit, or part thereof, on
the giving of one year ’ s written notice, where such
termination is required as the result of any change in the
policy of the Svalbard Global Seed Vault or the Government of
the Kingdom of Norway with respect to the Svalbard Global Seed
Vault.
2.Where Deposited Materials are returned as a result of the
exercise by the Royal Norwegian Ministry of Agriculture and
Food of its right of termination under this Article, the costs
of packaging and shipping in respect of the return of
Deposited Materials shall be borne by the Royal Norwegian
Ministry of Agriculture and Food.
Article 7
Availability of Plant Genetic Resources
1.In consideration for the right to deposit samples of plant
genetic resources in the Svalbard Global Seed Vault, the
Depositor agrees to make available from their own stocks
samples of accessions of the deposited plant genetic resources
and associated available non-confidential information to other
natural or legal persons in accordance with the following
terms and conditions:
a.Where the plant genetic resources are plant genetic
resources for food and agriculture of crops listed in Annex
1 of the International Treaty on Plant Genetic Resources for
Food and Agriculture [hereinafter referred to as “ the
Treaty ” ], in accordance with the terms and conditions set
out in Part IV of the Treaty; or
b.Where the plant genetic resources are plant genetic
resources for food and agriculture covered by Article
15.1.(b) or Article 15.3 of the Treaty, in accordance with
the terms and conditions provided for in Article 15.1(b) or
Article 15.3 of the Treaty, as the case may be; or
c.Where the plant genetic resources for food and agriculture
are not of crops listed in Annex 1 of the Treaty or covered
by Article 15.1(b) or Article 15.3 of the Treaty, either:
i.In accordance with terms and conditions that are
substantially the same as the terms and conditions set out
in Part IV of the Treaty; or
ii.Where the plant genetic resources for food and
agriculture originated in the country of the Depositor,
and are not available for facilitated access under the
terms of the Treaty, in accordance with the provisions of
applicable international agreements.
d.Where the plant genetic resources are not plant genetic
resources for food and agriculture, in accordance with the
terms and conditions set out in paragraph c. above as
appropriate.
2.The Royal Norwegian Ministry of Agriculture and Food reserves
the right to give the highest priority to the safety storage
of plant genetic resources for food and agriculture that are
available in accordance with the terms and conditions set out
in Part IV or Article 15 of the Treaty or terms and conditions
that are substantially the same as those terms and conditions.
Article 8
Liability
1.The Royal Norwegian Ministry of Agriculture and Food shall not
be liable for any damage caused to the Deposited Materials by
any reason whatsoever, unless such damage has been caused as a
result of any act of malfeasance or negligence on the part of
the Royal Norwegian Ministry of Agriculture and Food or any
employee or agent of the Royal Norwegian Ministry of
Agriculture and Food.
2.In the event of any damage caused by malfeasance or negligence
on the part of the Royal Norwegian Ministry of Agriculture and
Food or any employee or agent of the Royal Norwegian Ministry
of Agriculture and Food, the liability of the Royal Norwegian
Ministry of Agriculture and Food shall be limited to the costs
of packaging and shipping of new samples, and shall not
include costs of regeneration of the plant genetic resources,
or similar costs.
Article 9
Amendment
1.This Agreement, including the annexes to this Agreement, may
be amended by mutual written agreement of the Parties.
2.Any amendment shall enter into force on the date provided for
in the amending agreement.
Article 10
Entry into Force
This Agreement shall come into force on its signature by the
authorized representatives of both the Depositor and the Royal
Norwegian Ministry of Agriculture and Food.
Article 11
Duration of the Agreement
1.This Agreement shall remain in force for a period of ten (10)
years and shall be renewed automatically for further periods
of ten (10) years unless either Party gives notice in writing
to the other Party at least six months prior to the expiry of
any ten (10) years period that it does not wish this Agreement
to be renewed.
2.This Agreement may be terminated by mutual agreement between
the Parties to this Agreement.
Article 12
Settlement of disputes
1.Any dispute that cannot be settled by negotiations between the
Parties to this Agreement, or through such other procedure as
may be agreed between the Parties, shall be finally settled by
arbitration in accordance with the Rules or Arbitration of the
International Chamber of Commerce by one or more arbitrators
appointed in accordance with the said Rules.
2.This Agreement shall be governed by the laws of the Kingdom of
Norway.
Article 13
Signature
This Agreement will be signed in three copies.

Signed on behalf of the Signed on behalf of the Royal
Depositor: Norwegian Ministry of Agriculture
and Food:
____________________________ __________________________________
Signature Signature
Dah-Jiang Liu
____________________________ __________________________________
Name Name

Director-General
Taiwan Agricultural Research
Institute
____________________________ __________________________________
Title Title

February 20, 2009
____________________________ __________________________________
Date Date
資料來源:全國法規資料庫