(as endorsed by the Council at its Hundred and Twelfth Session and including changes recommended by the CCLM at its Sixty-seventh Session)¹

PREAMBLE

The contracting parties, recognizing the usefulness of necessity for international cooperation in controlling pests of plants and plant products and in preventing their international spread, and especially their introduction across national boundaries, and into endangered areas;

- recognizing that phytosanitary measures should be technically justified, transparent and should not be applied in such a way as to constitute either a means of arbitrary or unjustified discrimination or a disguised restriction, particularly on international trade;

- desiring to ensure close coordination of measures directed to these ends,;

- desiring to provide a framework for the development and application of harmonized phytosanitary measures and the elaboration of international standards to that effect;

- taking into account internationally approved principles governing the protection of plant, human and animal health, and the environment; and

- noting the agreements concluded as a result of the Uruguay Round of Multilateral Trade Negotiations, including the Agreement on the Application of Sanitary and Phytosanitary Measures;

have agreed as follows:

ARTICLE I
Purpose and responsibility

1. With the purpose of securing common and effective action to prevent the spread and introduction of pests of plants and plant products, and to promote appropriate measures for their control, the contracting parties undertake to adopt the legislative, technical and administrative measures specified in this Convention and in supplementary agreements pursuant to Article III XV.

2. Each contracting party shall assume responsibility, without prejudice to obligations assumed under other international agreements, for the fulfilment within its territories of all requirements under this Convention.

3. The division of responsibilities for the fulfilment of the requirements of this Convention between Member Organizations of FAO and their member states that are contracting parties shall be in accordance with their respective competencies.

4.² Where appropriate, the provisions of this Convention may be deemed by contracting parties to extend, in addition to plants and plant products, to storage places, packaging, conveyances, containers, soil and any other organism, object or material capable of harbouring or spreading plant pests, particularly where international transportation is involved.

ARTICLE II
Scope Use of terms

3.
   Note:Paragraph transferred to new Article I.4 (see above)

1.For the purpose of this Convention, the following terms shall have the meanings hereunder assigned to them:

"Area of low pest prevalence" - an area, whether all of a country, part of a country, or all or parts of several countries, as identified by the competent authorities, in which a specific pest occurs at low levels and which is subject to effective surveillance, control or eradication measures;

"Commission" - the Commission on Phytosanitary Measures established under Article X;

"Endangered area" - an area where ecological factors favour the establishment of a pest whose presence in the area will result in economically important loss;

"Establishment" - perpetuation, for the foreseeable future, of a pest within an area after entry;

"Harmonized phytosanitary measures"- phytosanitary measures established by contracting parties based on international standards;

"International standards" - international standards established in accordance with Article IX, paragraphs 1 and 2;

"Introduction" - the entry of a pest resulting in its establishment;

"Pest" - any species, strain or biotype of plant, animal or pathogenic agent injurious to plants or plant products;

"Pest risk analysis" - the process of evaluating biological or other scientific and economic evidence to determine whether a pest should be regulated and the strength of any phytosanitary measures to be taken against it;

"Phytosanitary measures" - any legislation, regulation or official procedure having the purpose to prevent the introduction and/or spread of pests;

"Plants" - living plants and parts thereof, including seeds and germplasm;

"Plant products" - unmanufactured material of plant origin (including grains) and those manufactured products that, by their nature or that of their processing, may create a risk for the introduction and spread of pests;

"Quarantine pest" - a pest of potential economic importance to the area endangered thereby and not yet present there, or present but not widely distributed and being officially controlled;

"Regional standards" - standards established by a regional plant protection organization for the guidance of the members of that organization;

"Regulated article" - any plant, plant product, storage place, packaging, conveyance, container, soil or any other organism, object or material capable of harbouring or spreading pests, deemed to require phytosanitary measures, particularly where international transportation is involved;

4. This Convention applies mainly to quarantine pests involved with international trade

"Regulated non-quarantine pest" - a non-quarantine pest whose presence in plants for planting affects the intended use of those plants with an economically unacceptable impact and which is therefore regulated within the territory of the importing contracting party;

"Regulated pest" - a quarantine pest and/or a regulated non-quarantine pest;

"Secretary" - Secretary of the Commission appointed pursuant to Article XI;

"Technically justified" - justified on the basis of conclusions reached by using an appropriate pest risk analysis or, where applicable, another comparable examination and evaluation of available scientific information.

5. 2.     The definitions set forth in this Article, being limited to the application of this Convention, shall not be deemed to affect definitions established under domestic laws or regulations of contracting parties.

 ARTICLE II bis
Relationship with other international agreements

Nothing in this Convention shall affect the rights and obligations of the contracting parties under relevant international agreements.

 ARTICLE III

Note:The substantive provisions of Article III - Supplementary Agreements - of the existing text of the IPPC have been transferred to new Article XV. The new Article III of the revised text follows that of Article IV of the existing text as modified below.

National organization for General provisions relating to the organizational arrangements for national plant protection

1.     Each contracting party shall make provision, as soon as possible and to the best of its ability, for

(a) an official national plant protection organization with the following main functions: responsibilities set out in this Article.

2.     The responsibilities of an official national plant protection organization shall include the following:

(a)³ the issuance of certificates relating to the phytosanitary condition and origin of regulations of the importing contracting party for consignments of plants, and plant products and other regulated articles (hereinafter referred to as "phytosanitary certificates");

(i)     (b)the inspection surveillance of growing plants, of including both areas under cultivation (including inter alia fields, plantations, nurseries, gardens and , greenhouses and laboratories) and wild flora, and of plants and plant products in storage or in transportation, particularly with the object of reporting the existence occurrence, outbreak and spread of plant pests, and of controlling those pests, including the reporting referred to under Article VII paragraph 1(a);

(ii)     (c)the inspection of consignments of plants and plant products moving in international traffic and, where appropriate, the inspection of consignments of other articles or commodities moving in international traffic under conditions where they may act incidentally as carriers of pests of plants and plant products, and the inspection and supervision of storage and transportation facilities of all kinds involved in international traffic whether of plants and plant products or of other commodities other regulated articles, particularly with the object of preventing the dissemination across national boundaries introduction and/or spread of pests of plants and plant products;

 

(b)the distribution of information within the country regarding the pests of plants and plant products and the means of their prevention and control;

(c)research and investigation in the field of plant protection.

(iii)(d) the disinfestation or disinfection of consignments of plants and, plant products and other regulated articles moving in international traffic, and their containers (including packing material or matter of any kind accompanying plants or plant products), storage places, or transportation facilities of all kinds employed to meet phytosanitary requirements;

(e) the protection of endangered areas and the designation, maintenance and surveillance of pest free areas and areas of low pest prevalence;

(f) the conduct of pest risk analyses;

(g) to ensure through appropriate procedures that the phytosanitary security of consignments after certification regarding composition, substitution and reinfestation is maintained prior to export; and

(h) training and development of staff.

3. Each contracting party shall make provision, to the best of its ability, for the following:

(a) the distribution of information within the territory of the contracting party regarding regulated pests and the means of their prevention and control;

(b) research and investigation in the field of plant protection;

(c) the issuance of phytosanitary regulations; and

(d) the performance of such other functions as may be required for the implementation of this Convention.

2. 4. Each contracting party shall submit a description of the scope of its official national plant protection organization for plant protection and of changes in such organization to the Director-General of FAO, who shall circulate such information to all contracting parties Secretary. A contracting party shall provide a description of its organizational arrangements for plant protection to another contracting party, upon request.

 ARTICLE V IV
Phytosanitary certificates certification

1.    Each contracting party shall make arrangements for phytosanitary certification, with the objective of ensuring that exported plants, plant products and other regulated articles and consignments thereof are in conformity with the certifying statement to be made pursuant to paragraph 2(b) of this Article.

2.     Each contracting party shall make arrangements for the issuance of phytosanitary certificates to accord with the plant protection regulations of other contracting parties, and in conformity with the following provisions:

(a) Inspection and other related activities leading to issuance of phytosanitary certificates shall be carried out and certificates issued only by or under the authority of the official national plant protection organization. The issuance of phytosanitary certificates shall be carried out by public officers who are technically qualified and duly authorized officers and in such circumstances and by the official national plant protection organization to act on its behalf and under its control with such knowledge and information available to those officers that the authorities of importing countries contracting parties may accept such the phytosanitary certificates with confidence as dependable documents.

(b) Each Phytosanitary certificates, or their electronic equivalent where accepted by the importing contracting party concerned, for the export or re-export of plants or plant products shall be as worded in the models set out in the Annex to this Convention. These certificates should be completed and issued taking into account relevant international standards.

(c) Uncertified alterations or erasures shall invalidate the certificates.

2.3. Each contracting party undertakes not to require consignments of plants or plant products or other regulated articles imported into its territories to be accompanied by phytosanitary certificates inconsistent with the models set out in the Annex to this Convention. Any requirements for additional declarations shall be kept to a minimum. limited to those technically justified.

1.     Contracting parties may require phytosanitary measures for quarantine pests and regulated non-quarantine pests, provided that such measures are:

(a) no more stringent than measures applied to the same pests, if present within the territory of the importing contracting party; and

(b) limited to what is necessary to protect plant health and/or safeguard the intended use and can be technically justified by the contracting party concerned.

2.     Contracting parties shall not require phytosanitary measures for non-regulated pests.

1. With the aim of preventing the introduction and/or spread of regulated pests of plants and plant products into their territories, contracting parties shall have full sovereign authority to regulate, in accordance with applicable international agreements, the entry of plants and plant products and other regulated articles and, to this end, may:

(a) prescribe and adopt phytosanitary measures restrictions or requirements concerning the importation of plants, or plant products and other regulated articles, including, for example, inspection, prohibition on importation, and treatment;

(b) refuse entry or detain, or require treatment, destruction or removal from the territory of the contracting party of plants, plant products and other regulated articles or consignments thereof that do not comply with the phytosanitary measures prescribed or adopted under subparagraph (a);

(c)     prohibit or restrict the importation movement of particular plants or plant products, or of particular consignments of plants or plant products regulated pests into their territories;

(d)     treat, destroy or refuse entry to particular consignments of plants or plant products that do not comply with the requirements prescribed under subparagraph (a) or (b)     of this paragraph, or require such consignments to be treated or destroyed or removed from the country;

(d)     prohibit or restrict the movement of biological control agents and other organisms of phytosanitary concern claimed to be beneficial, into their territories.

(e)     list pests the introduction of which is prohibited or restricted because they are of potential economic importance to the country concerned.

2. In order to minimize interference with international trade, each contracting party, in exercising its authority under paragraph 1 of this Article, undertakes to act carry out the provisions referred to in paragraph 1 of this Article in conformity with the following:

(a)     Contracting parties shall not, under their plant protection phytosanitary legislation, take any of the measures specified in paragraph 1 of this Article unless such measures are made necessary by phytosanitary considerations and are technically justified.

(b)     If a contracting party prescribes any restrictions or requirements concerning the importation of plants and plant products into its territories, it shall publish the restrictions or requirements and communicate them immediately to FAO, any regional plant protection organization of which the contracting party is a member and all other contracting parties directly concerned. Contracting parties shall, immediately upon their adoption, publish and transmit phytosanitary requirements, restrictions and prohibitions to any contracting party or parties that they believe may be directly affected by such measures.

(c)     If a contracting party prohibits, under the provisions of its plant protection legislation, the importation of any plants or plant products, it shall publish its decision with reasons and shall immediately inform FAO, any regional plant protection organization of which the contracting party is a member and all other contracting parties directly concerned. Contracting parties shall, on request, make available to any contracting party the rationale for phytosanitary requirements, restrictions and prohibitions.

(d)     If a contracting party requires consignments of particular plants or plant products to be imported only through specified points of entry, such points shall be so selected as not to unnecessarily to impede international commerce trade. The contracting party shall publish a list of such points of entry and communicate it to FAO the Secretary, any regional plant protection organization of which the contracting party is a member, and all other contracting parties which the contracting party believes to be directly concerned affected, and other contracting parties upon request. Such restrictions on points of entry shall not be made unless the plants, or plant products or other regulated articles concerned are required to be accompanied by phytosanitary certificates or to be submitted to inspection or treatment.

(e)     Any inspection or other phytosanitary procedure require by the plant protection organization of a contracting party of for a consignments of plants, or plant products or other regulated articles offered for importation shall take place as promptly as possible with due regard to their perishability. of the plants or plant products concerned. If any commercial or certified consignment of plants or plant products is found not to conform to the requirements of the plant protection legislation of the importing country, the plant protection organization of the importing country must ensure that the plant protection organization of the exporting country is properly and adequately informed. If the consignment is destroyed, in whole or in part, an official report shall be forwarded immediately to the plant protection organization of the exporting country.

(f)     Importing contracting parties shall, as soon as possible, inform the exporting contracting party concerned or, where appropriate, the re-exporting contracting party concerned of significant instances of non-compliance with phytosanitary certification. The exporting contracting party or, where appropriate, the re-exporting contracting party concerned should investigate and, on request, report the result of its investigation to the importing contracting party concerned.

(f)     Contracting parties shall make provisions which, without endangering their own plant production, will keep certification requirements to a minimum, particularly for plants or plant products not intended for planting, such as cereals, fruits, vegetables and cut flowers.

(g)     Contracting parties shall institute only phytosanitary measures that are technically justified, consistent with the pest risk involved and represent the least restrictive measures available, and result in the minimum impediment to the international movement of people, commodities and conveyances.

(g)     Contracting parties may make provisions, with adequate safeguards, for the importation for purposes of scientific research or education, of plants and plant products and of specimens of plant pests. Adequate safeguards likewise need to be taken when introducing biological control agents and organisms claimed to be beneficial⁴

(ii)⁵ information on means found to be effective in controlling the pests of plants and plant products.

ARTICLE III XV⁶
Supplementary agreements

1 Text indicated as struck out is deleted. Text shown in underline is new text to be inserted.

2 Paragraph moved from article II.3 of existing text.

3 This new sub-paragraph (a) reflects the substantive provisions set out in Article IV .1(a)(iv) of the existing text, as modified.

4 Text modified and transferred to new paragraph 5 bellow

5 Text modified and transferred to subparagraph (c) below

6 Article as modified transferred from Article III of the existing text of the Convention

1. The functions of the Commission shall be to promote the full implementation of the objectives of the International Plant Protection Convention and, in particular, to:

(a)     review the state of plant protection in the world and the need for action to control the international spread of pests and their introduction into endangered areas;

(b)     establish and keep under review the necessary institutional arrangements and procedures for the development and adoption of international standards, and to adopt international standards for phytosanitary measures;

(c)     establish rules and procedures for the resolution of disputes in accordance with the Convention;

(d)     establish such subsidiary bodies of the Commission as may be necessary for the proper implementation of its functions;

(e)     adopt guidelines regarding the recognition of regional plant protection organizations;

(f)     establish cooperation with other relevant international organizations on matters covered by the Convention;

(g)     adopt such recommendations for the implementation of the Convention as necessary; and

(h)     perform such other functions as may be necessary to the fulfilment of the objectives of the Convention.

2. Membership in the Commission shall be open to all Members of FAO and to such non-member States as are contracting parties to the IPPC. , and to member organizations of FAO that have deposited an instrument of adherence to the Convention as amended by the Twenty-ninth Session of the Conference.

3. Each contracting party may be represented at sessions of the Commission by a single delegate, who may be accompanied by an alternate, and by experts and advisers. Alternates, experts and advisers may take part in the proceedings of the Commission but may not vote, except in the case of an alternate who is duly authorized to substitute for the delegate.

4. The contracting parties shall make every effort to reach agreement on all matters by consensus. If all efforts to reach consensus have been exhausted and no agreement is reached, the decision shall, as a last resort, be taken by a two-thirds majority of the contracting parties present and voting.

5. A Member Organization of FAO that is a member of the Commission and the member states of that Member Organization that are contracting parties shall exercise their membership rights and fulfil their membership obligations in accordance, mutatis mutandis, with the Constitution and General Rules of FAO.

6. The Commission may adopt and amend, as required, its own Rules of Procedure, which shall not be inconsistent with the Constitution of FAO.

7. The Chairperson of the Commission shall convene an annual regular session of the Commission.

8. Special sessions of the Commission shall be convened by the Chairperson of the Commission at the request of at least one-third of its members.

9. The Commission shall elect its Chairperson and no more than two Vice-Chairpersons, each of whom shall serve for a term of two years.

10. The languages of the Commission shall be the official languages of FAO.

1 Text indicated as struck out is deleted. Text shown in underline is new text to be inserted.

Preamble:
It was understood that "taking into account" (fifth indent) does not result in a legal obligation.

Article II:
The definition of pest was adopted with the understanding that the term "injurious" includes both direct and indirect damage.

It was noted that the use of the term "technically justified" does not automatically require that the rationale for a phytosanitary measure be made immediately and publicly available. Such information is only required on request, under provisions of Article VI.2(c) of the revised text.

Article III:
While the term "consignments" includes non-commercial commodities, such as those carried by passengers, throughout the Convention, Article III.2(c) will not be interpreted to mean that official national plant protection organizations have obligations for the inspection of all outgoing passengers.

Article IV:
It was understood that the phrase in Article IV.2(a) "public officers who are technically qualified and duly authorized by the national plant protection organization" includes officers of that service.

Article IX:
To avoid numerous references to standards throughout the text, it was agreed to include in Article IX.4 "contracting parties shall undertake all activities related to this Convention in accordance with relevant international standards unless judged inappropriate for reasons that are technically justified".

Article X:
Article X.5: It was agreed that the quorum of the Commission should be addressed in the rules of procedure for the Commission. The rules of procedure should also consider the possibility of voting by correspondence.

Article XVI:
The European Commission (EC) confirmed that in implementation of Article XVI.3, the EC would, on adhering, be submitting a supplementary declaration describing the division of competencies between the EC and its Member States with respect to matters covered by the IPPC.

MODEL PHYTOSANITARY CERTIFICATE:
The International Standard on the issuance of the Phytosanitary Certificate should be prepared. It should clarify the use and proper completion of the "place of origin".

The statement "they are deemed to be practically free from other pests" represents an option available to the exporting contracting party.

It is recognized that the proposed revision to the certifying statement for the phytosanitary certificate is an interim solution only. It is expected that this statement will be reviewed again as soon as the revised Convention has been adopted by the Conference. The references to "considered to be free from the quarantine pests" and "deemed to be practically free from other pests" should be especially reviewed.