6. PLANT PROTECTION AGREEMENT FOR THE ASIA AND PACIFIC REGION26

42. The FAO Council at its Twenty-third Session (November 1955) approved the Plant Protection Agreement for the Asia and Pacific Region (formerly Plant Protection Agreement for the South-East Asia and Pacific Region) for submission to Governments for its acceptance.

43. In accordance with paragraph 1, Article XI, the Agreement entered into force on 2 July 1956. The Agreement was registered with the Secretariat of the United Nations on 20 July 1956 under No. 1963.

Parties to the Agreement

44. The following are the participants that signed definitively or deposited their instruments of ratification or adherence on the corresponding date indicated:

Participant

 

Signature
Definitive Signature
(S)
 
Ratification
Adherence(a)

 
Australia 27 Feb 1956(S)  
Bangladesh    4 Dec 1974(a)
Cambodia   27 Jan 1969(a)
China27 28   6 Jun 1990(a)
Dem. Republic of Korea   16 Jan 1996(a)
Fiji   16 Dec 1970(a)
France   20 Aug 1957(a)
India 2 Jul 1956(S)  
Indonesia 28 Jun 1956 21 Dec 1967
Korea, Republic of   4 Nov 1981(a)
Lao People's Democratic Republic 25 May 1956 17 Mar 1960

Malaysia

  20 Nov 1957(a)
Myanmar   4 Nov 1959(a)
Nepal   12 Aug 1965(a)
Netherlands29 25 Jun 1956 19 Jul 1957
New Zealand30   17 Dec 1975(a)
Pakistan   8 Jan 1958(a)
Papua New Guinea   1 Jun 1976(a)
Philippines   11 Jun 1962(a)
Portugal31 2 Jul 1956 (S)  
Samoa    23 Dec 1971(a)
Solomon Islands   20 Jun 1979(a)
Sri Lanka 27 Feb 1956(S)  
Thailand   26 Nov 1956(a)
Tonga   5 Nov 1981(a)
United Kingdom32 29 Mar 1956 3 Dec 1956
Viet Nam 2 Jul 1956(S)  

45. The Plant Protection Committee for the South-East Asia and Pacific Region, established under the Agreement, proposed at its Sixth Session the extension of the geographical scope of the Region by way of an amendment to paragraph (a), Article I of the Agreement. This amendment was subsequently approved by the Forty-ninth Session of the FAO Council (November 1967) and came into force with respect to all Contracting Governments on 16 August 1969, i.e. the thirtieth day following acceptance by two-thirds of the Contracting Governments.

46. The following participants deposited their instruments of acceptance of the amendment on the corresponding date indicated:

Participant
 

Acceptance
 
Australia 17 Jul 1969
Cambodia 27 Jan 1969
China33 6 Jun 1990
India 11 Apr 1969
Lao People's Democratic Republic 20 Aug 1968
Malaysia 6 Mar 1969
Nepal 4 Jun 1969
Pakistan 9 Jun 1969
Philippines 13 Nov 1969
Portugal34 27 Jan 1969
Sri Lanka 28 Jan 1969
Thailand 6 Jun 1969
United Kingdom35 31 Dec 1968

47. Declarations and Reservations

Pakistan

(Declaration made upon acceptance of the amendment to paragraph (a), Article I, of the Agreement (November 1967)):

"The Government of Pakistan regards Taiwan as an integral part of the People's Republic of China and as such, the Government of that State alone is competent to accede to the Plant Protection Agreement for the South-East Asia and Pacific Region in respect of its territory, including Taiwan."

48. At its Eleventh Session (September 1978), the Committee proposed certain amendments to the Agreement, which were approved by the FAO Council at its Seventy-fifth Session (June 1979). The amendments consisted in the deletion of the words "South East" in the title of the Agreement and of the change of the name of the Committee to read "Asia and Pacific Plant Protection Commission". In accordance with paragraph 4, Article IX of the Agreement, the amendments came into force with respect to all Contracting Governments on 16 February 1983, i.e. the thirtieth day following acceptance by two-thirds of the Contracting Governments.

49. The following participants deposited their instruments of acceptance of the amendments on the corresponding date indicated:

Participant
 

Acceptance
 
Australia 17 Jun 1981
Bangladesh 27 Oct 1981
China36 37 6 Jun 1990
Fiji 10 Nov 1980
France 7 Oct 1982
India 13 Feb 1980
Korea, Republic of 4 Nov 1981
Lao People's Democratic Republic 31 Aug 1982
Malaysia 3 Mar 1983
Nepal 1 Apr 1980
New Zealand 10 Apr 1990
Pakistan 22 Apr 1980
Philippines 17 Jan 1983
Portugal38 11 May 1981
Solomon Islands 24 Mar 1980
Sri Lanka 29 Dec 1982
Thailand 8 Apr 1981
Tonga 5 Nov 1981
United Kingdom39 9 Apr 1980

50. At its Thirteenth Session (April 1983), the Asia and Pacific Plant Protection Commission established under the Agreement, proposed that paragraph (a), Article I of the Agreement be amended to include the People's Republic of China in the definition of the Region and requested the Director-General to take the necessary action with a view to the aforementioned provision being amended.

51. In keeping with paragraph 2, Article IX of the Agreement, an amendment to paragraph (a), Article I was submitted to the FAO Council for approval. The Council, at its Eighty-fourth Session (November 1983), approved the proposed amendment.

52. In accordance with paragraph 4, Article IX of the Agreement, the amendment came into force with respect to all Contracting Governments as from the thirtieth day after acceptance by two-thirds of the Contracting Governments, i.e. on 23 May 1990.

53. The following participants deposited their instruments of acceptance of the amendments on the corresponding date indicated:

Participant
 

Acceptance
 

Australia 24 Oct 1989
Bangladesh 31 Jul 1984
Cambodia 26 Apr 1990
China4041 6 Jun 1990
Fiji 25 May 1990
France 8 May 1990
India 19 Aug 1986
Indonesia 11 Apr 1990
Korea, Republic of 17 Apr 1990
Lao People's Democratic Republic 23 Apr 1990
Malaysia 23 Apr 1990
Myanmar 22 Apr 1990
New Zealand 10 Apr 1990
Nepal 11 May 1990
Pakistan 27 Jun 1988
Philippines 26 Apr 1990
Portugal42 8 Mar 1990
Samoa 23 Apr 1990
Solomon Islands 28 Dec 1988
Sri Lanka 13 Feb 1985
Thailand 2 May 1990
United Kingdom43 10 Jan 1986
Viet Nam 23 Apr 1990

54. In addition, at its Thirteenth Session, the Asia and Pacific Plant Protection Commission proposed certain amendments to Articles II, III, IV and XIV to the Agreement. The purpose of these amendments was to introduce mandatory contributions for the Contracting Governments in order to finance the programme of activities of the Commission.

55. In accordance with paragraph 2, Article IX of the Agreement, these amendments were submitted to the FAO Council for approval. The Council, at its Eighty-fourth Session (November 1983), approved the aforesaid amendments.

56. As these amendments entail new obligations, they will enter into force with respect to each Contracting Government only on acceptance by it and as from the thirtieth day after such acceptance, in accordance with paragraph 4, Article IX of the Agreement.

57. The following participants deposited their instruments of acceptance of the amendments on the corresponding date indicated:

Participants
 

Acceptance
 
Australia 27 Dec 1994
Bangladesh 31 Jul 1984
China4445 6 Jun 1990
India 19 Aug 1986
Indonesia 19 Jan 1993
Korea, Republic of 17 Apr 1990
Malaysia 12 May 1994
New Zealand 16 Dec 1997
Pakistan 27 Jun 1988
Sri Lanka 13 Feb 1985

______________________________

26 The present title was adopted as a result of amendments to the Agreement, which entered into force on 16 February 1983.

27 The Agreement applies to the Hong Kong Special Administrative Region of China (letters from the Permanent Representative of China to FAO to the Director-General of 4 June 1997 and 25 June 1997).

28 On 15 December 1999 the Director-General received a Note Verbale from the Embassy of the People's Republic of China informing him that: " in accordance with the Joint Declaration of the Government of the People's Republic of China and the Government of the Portuguese Republic on the question of Macao signed on 13 April 1987, the Government of the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999, that the Plant Protection Agreement for the Asia and Pacific Region, to which the Government of the People's Republic of China became a party on 6 June 1990, will apply to the Macao Special Administrative Region with effect from 20 December 1999 and that the Government of the People's Republic of China will assume responsibility for the international rights and obligations arising from the application of the Agreement and its amendments."

29 The Netherlands had ratified the Agreement on 19 July 1957 with respect to Netherlands New Guinea. According to a communication addressed to the Director-General on 28 December 1964, which was registered with the United Nations, the Netherlands considers that it has ceased to be a Party to the Agreement as from 1 October 1962, the date of the transfer of the Administration of the Territory to the United Nations Temporary Executive Authority.

30 Applied to Cook Islands and Niue.

31 On 13 December 1999 the Director-General received a letter from the Representative of Portugal to FAO informing him that "in accordance with the Joint Declaration of the Government of the Portuguese Republic and the Government of the People's Republic of China on the question of Macao signed on 13 April 1987, the Portuguese Republic will continue to have international responsibility of Macao until 19 December 1999 and from that date onwards the People's Republic of China will resume the exercise of sovereignty over Macao with effect from 20 December 1999. From that date onwards, the Portuguese Republic will cease to be responsible for the international rights and obligations arising from the application of the Plant Protection Agreement for Asia and the Pacific Region to Macao."

32 The United Kingdom ceased to be a party to the Agreement as from 1 July 1997, date of restoration of Hong Kong to China by the Government of the United Kingdom.

33 See footnote 27.

34 See footnote 31.

35 See footnote 32.

36 See footnote 22.

37 See footnote 23.

38 See footnote 31.

39 See footnote 32.

40 See footnote 27.

41 See footnote 28.

42 See footnote 31.

43 See footnote 32.

44 Currently does not apply to the Hong Kong Special Administrative Region of China (letter from the Permanent Representative of China to FAO to the Director-General of 25 June 1997).

45 See footnote 28.

 


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