C 97/17
CONFERENCE
| July 1997 | C 97/17 |
CONFERENCE |
|
Twenty-ninth Session |
Rome, 7-18 November 1997 |
REVISION OF THE INTERNATIONAL PLANT |
CONTENTS REVISION OF THE INTERNATIONAL PLANT PROTECTION CONVENTION Interim measures Resolution ../97 Amendments to the International Plant Protection Convention APPENDIX 1. Revised Text incorporating the Amendments to the International Plant Protection Convention APPENDIX 2. Interpretations as agreed by the Thirteenth COAG APPENDIX 3. Terms of Reference of the Interim Commission on Phytosanitary Measures REVISION OF THE INTERNATIONAL PLANT PROTECTION CONVENTION 1. The International Plant Protection Convention (IPPC) was approved by the FAO Conference at its Sixth Session in November 1951 through Resolution 85 and came into force on 3 April 1952 upon ratification by three signatory Governments. 2. The FAO Conference, at its Twentieth Session in November 1979, adopted amendments to the IPPC by Resolution 14/79, which came into force on 4 April 1991 after 64 Governments had deposited their instruments of adherence. Pursuant to the provisions of Article XII, paragraph 4 of the Convention, the revised text of the Convention is now in force among all parties. 3. One-hundred-and-five Members of FAO and one Non-Member State, the Russian Federation, are parties to the IPPC. 4. The IPPC has as its objective the securing of common and effective international action to prevent the introduction and spread of pests of plants and plant products and to promote measures for their control. 5. New expectations were placed on the IPPC as a result of the Uruguay Round of Trade Negotiations. In seeking to free international trade from unnecessary phytosanitary restrictions, the agreements concluded as a result of the Round, including the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement), recognized the IPPC as a standard-setting mechanism in the area of phytosanitary measures. In its present text, however, the IPPC neither provides for any formal standard-setting machinery nor for the establishment of a secretariat. After consultation with Regional Plant Protection Organizations, the Director-General proposed to the Conference in 1989 that a Secretariat to the IPPC should be established. The Conference agreed to the establishment of a Secretariat with the major function of developing international phytosanitary standards, together with other functions of information exchange, coordination among Regional Plant Protection Organizations (RPPOs) and provision of technical assistance. 6. At its Twenty-seventh Session, in November 1993, the Conference discussed the procedure to be followed for the setting of International Phytosanitary Standards. As an interim measure, it agreed to authorize the Director-General to establish the Committee of Experts on Phytosanitary Measures under Article VI.2 of the Constitution and endorsed the procedure for approval of the Standards, with final approval being given by the FAO Conference. 7. A proposal to revise the IPPC was approved by the Conference in 1995 on the recommendation of the Committee on Agriculture (COAG). The aim of the revision was to bring the Convention into line with the SPS Agreement and recent developments in establishing standard setting machinery under the IPPC. 8. After the recommendation by COAG, the Secretariat of the IPPC requested national Plant Protection Organizations to submit issues for this review. Taking into consideration these comments and those of the Seventh Technical Consultation among Regional Plant Protection Organizations, held in September 1995, a draft proposal was submitted to an Expert Consultation on the Revision of the IPPC, which met in March 1996. The draft as amended by the Experts, together with their observations, was circulated to all FAO Members and other contracting parties for comments. The comments received and those of the Eighth Technical Consultation among RPPOs, held in September 1996, were submitted to an Intergovernmental Technical Consultation which met in Rome in January 1997. 9. The Consultation was attended by delegates from 94 FAO Members, observers from the Russian Federation, the World Trade Organization (WTO), two Regional Plant Protection Organizations and a Seed Trade Federation. To conclude the work of the Technical Consultation, COAG, in April 1997, established an open-ended working group open to COAG members, current parties of the IPPC and the WTO. COAG adopted the report of the open-ended working group, which included the agreed interpretations as presented in Appendix 2. A few points on which no agreement was reached at COAG were solved through an informal working group during the Hundred-and-twelfth Session of the Council in June 1997. 10. In addition, an African Expert Group met in parallel with the Council. It considered the draft text of the Convention, to which it agreed. The experts were particularly concerned about the ability of their countries to fulfill the requirements outlined in the Convention, and recommended that Council draw attention to the need to strengthen national plant protection infrastructures in order to meet phytosanitary requirements to protect African agriculture, while enhancing safe trade. 11. The Council, at its Hundred-and-twelfth Session, endorsed the amended text of the Convention and unanimously recommended that it be transmitted through the Committee on Constitutional and Legal Matters (CCLM) and the Council to the Twenty-ninth Session of the Conference for adoption. The Council agreed to the inclusion of an additional Article specifying the relationship of the revised IPPC with other relevant international agreements. It decided that the proposed Article would be submitted to CCLM, to consider its legal implications and to determine its precise wording and position in the Convention. 12. The Council attached great importance to the reporting of the occurrence, outbreak or spread of pests. It noted the specific need of developing country contracting parties, in particular the least developed countries, for technical assistance to enhance their capacity to fulfill their obligations under the Convention and to facilitate its implementation. Interim measures 13. The Council recommended that the Conference, in adopting the amendments to the IPPC, consider the necessity for appropriate interim measures for the period between the adoption of the IPPC and their entry into force, including the establishment of an Interim Commission on Phytosanitary Measures. 14. The amendments to the IPPC will come into force as from the thirtieth day after their acceptance by two-thirds of the contracting parties. The question of whether or not the amendments would involve new obligations for contracting parties is being referred to the CCLM for its opinion. Amendments involving new obligations would come into force in respect of each contracting party only on acceptance by it and as from the thirteenth day after such acceptance. The immediate needs of the International Community in relation to trade and germplasm movement may require that a number of the changes to the Convention be implemented on a voluntary basis immediately after the adoption of the amendments. The Conference should, in particular, consider whether:
Resolution ../97 Amendments to the International Plant Protection Convention THE CONFERENCE, Recalling its approval of the International Plant Protection Convention under Article XIV of the FAO Constitution at its Sixth Session in 1951, which Convention came into force on 3 April 1952, Recalling its adoption of amendments to the Convention at its Twentieth Session in November 1979 by Resolution 14/79, which amendments came into force on 4 April 1991, Being convinced of the continued need to protect plant life or health from the spread and introduction of pests, Noting the agreements reached as a result of the Uruguay Round of Trade Negotiations and the references in the Agreement on the Application of Sanitary and Phytosanitary Measures to the International Plant Protection Convention and international standards guidelines and recommendations developed for connection therewith, Taking into account the need for the development of International Phytosanitary Standards to protect plant health without creating unnecessary impediments to the international transportation of plants, plant products and other articles deemed to require phytosanitary measures, Recalling the agreement reached at its Twenty-fifth Session in November 1989 on the necessity of establishing a Secretariat within FAO for the International Plant Protection Convention, Recalling that at its Twenty-seventh Session in November 1993, as an interim measure, it agreed to authorize the Director-General to establish the Committee on Phytosanitary Measures under Article VI.2 of the Constitution, and to establish the procedure that could be followed for the setting of harmonized international standards and guidelines, Having considered the work of the Expert Consultation on the Revision of the IPPC held in April 1996, the Technical Consultation on the Revision of the IPPC held in January 1997, the Fourteenth Session of the Committee on Agriculture in April 1997 and the Hundred-and-twelfth Session of the Council in June 1997, Taking note of the recommendations contained in the report of the African Expert Consultation on the IPPC held in June 1997, Having examined the text of the draft amendments to the IPPC endorsed by the Council at its Hundred-and-twelfth Session in June 1997, Having considered the observations contained in the Report of the Sixty-seventh Session of the Committee on Constitutional and Legal Matters held in October 1997 and the Report of the Hundred and Thirteenth Session of Council: Approves the amendments to the International Plant Protection Convention set out in the Revised Text contained in Appendix 1; Takes note of the agreed interpretation contained in Appendix 2; Requests the Director-General to transmit the revised text incorporating the amendments to the Contracting Parties for their consideration with a view to their acceptance of the amendments; Urges the Contracting Parties to accept the amendments as early as possible; Urges FAO Members and Non-Member countries that have not yet done so to adhere to the Convention as early as possible; Notes the specific need of developing countries, in particular the least developed countries, for technical assistance in order to enhance their capacity to fulfill their obligations under the Convention and to facilitate its implementation; Urges that high priority be given to the provision of reports on the occurrence, outbreak and spread of pests to the Secretary of the IPPC and, underlines the importance of establishing relevant procedures applicable to this reporting; Agrees to the establishment of an Interim Commission on Phytosanitary Measures under Article VI.1 with the Terms of Reference contained in Appendix 3; Agrees that the present Secretariat to the IPPC shall continue until the amendments come into force and until then shall provide secretariat services to the Interim Commission; Agrees that the present standard-setting procedure shall continue until the amendments come into force, or until the interim Commission decides otherwise, except that phytosanitary standards will be considered and adopted by the Interim Commission instead of by the Committee on Agriculture, Council and/or the Conference; Authorizes the Secretariat to commence work on International Standards for non-quarantine regulated pests; Authorizes the use of the amended phytosanitary certificate among Parties that accept it; and Requests Parties to nominate an official contact point, and to communicate its nomination to the Secretariat. APPENDIX 1 REVISED TEXT
INCORPORATING THE AMENDMENTS Text as approved by the Council at its 112th Session PREAMBLE The contracting parties,
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 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 competences. 4. 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, conveyances, containers, soil and any other object, organism or material capable of harbouring or spreading plant pests, particularly where international transportation is involved. ARTICLE II Use of terms 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; "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. 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 existing applicable international agreements. ARTICLE III General provisions relating to the organizational arrangements for national plant protection 1. Each contracting party shall make provision, to the best of its ability, for an official national plant protection organization with the following main responsibilities set out in this Article. 2. The responsibilities of an official national plant protection organization shall include the following:
3. Each contracting party shall make provision, to the best of its ability, for the following:
4. Each contracting party shall submit a description of its official national plant protection organization and of changes in such organization to the Secretary. A contracting party shall provide a description of its organizational arrangements for plant protection to another contracting party, upon request. ARTICLE IV Phytosanitary 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 in conformity with the following provisions:
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 limited to those technically justified. ARTICLE V Regulated pests 1. Contracting parties may require phytosanitary measures for quarantine pests and regulated non-quarantine pests, provided that such measures are:
2. Contracting parties shall not require phytosanitary measures for non-regulated pests. ARTICLE VI Requirements in relation to imports 1. With the aim of preventing the introduction and/or spread of regulated pests into their territories, contracting parties shall have sovereign authority to regulate, in accordance with applicable international agreements, the entry of plants, plant products and other regulated articles and, to this end, may:
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 in conformity with the following:
3. A contracting party may apply measures specified in this Article to pests which may not be capable of establishment in its territories but, if they gained entry, cause economic damage. Measures taken against these pests must be technically justified. 4. Contracting parties may apply measures specified in this Article to consignments in transit through their territories only where such measures are technically justified and necessary to prevent the introduction and/or spread of pests. 5. Nothing in this Article shall prevent importing contracting parties from making special provision, subject to adequate safeguards, for the importation, for the purpose of scientific research, education, or other specific use, of plants and plant products and other regulated articles, and of plant pests. 6. Nothing in this Article shall prevent any contracting party from taking appropriate emergency action on the detection of a pest posing a potential threat to its territories or the report of such a detection. Any such action shall be evaluated as soon as possible to ensure that its continuance is justified. The action taken shall be immediately reported to contracting parties concerned, the Secretary, and any regional plant protection organization of which the contracting party is a member. ARTICLE VII International cooperation 1. The contracting parties shall cooperate with one another to the fullest practicable extent in achieving the aims of this Convention, and shall in particular:
2. Each contracting party shall designate a contact point for the exchange of information connected with the implementation of this Convention. ARTICLE VIII Regional plant protection organizations 1. The contracting parties undertake to cooperate with one another in establishing regional plant protection organizations in appropriate areas. 2. The regional plant protection organizations shall function as the coordinating bodies in the areas covered, shall participate in various activities to achieve the objectives of this Convention and, where appropriate, shall gather and disseminate information. 3. The regional plant protection organizations shall cooperate with the Secretary in achieving the objectives of the Convention and, where appropriate, cooperate with the Secretary and the Commission in developing international standards. 4. The Secretary will convene regular Technical Consultations of representatives of regional plant protection organizations to:
ARTICLE IX Standards 1. The contracting parties agree to cooperate in the establishment of international standards in accordance with the procedures adopted by the Commission. 2. International standards shall be adopted by the Commission. 3. Regional standards should be consistent with the principles of this Convention; such standards may be deposited with the Commission for consideration as candidates for international standards for phytosanitary measures if more broadly applicable. 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 Commission on Phytosanitary Measures 1. Contracting parties agree to establish the Commission on Phytosanitary Measures within the framework of the Food and Agriculture Organization of the United Nations (FAO). 2. The functions of the Commission shall be to promote the full implementation of the objectives of the Convention and, in particular, to:
3. Membership in the Commission shall be open to all contracting parties. 4. 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. 5. 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. 6. A Member Organization of FAO that is a contracting party 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. 7. The Commission may adopt and amend, as required, its own Rules of Procedure, which shall not be inconsistent with this Convention or with the Constitution of FAO. 8. The Chairperson of the Commission shall convene an annual regular session of the Commission. 9. 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. 10. The Commission shall elect its Chairperson and no more than two Vice-Chairpersons, each of whom shall serve for a term of two years. ARTICLE XI Secretariat 1. The Secretary of the Commission shall be appointed by the Director-General of FAO. 2. The Secretary shall be assisted by such secretariat staff as may be required. 3. The Secretary shall be responsible for implementing the policies and activities of the Commission and carrying out such other functions as may be assigned to it by this Convention and shall report thereon to the Commission. 4. The Secretary shall disseminate:
5. The Secretary shall provide translations in the official languages of FAO, of documentation for meetings of the Commission and international standards. 6. The Secretary shall cooperate with regional plant protection organizations in achieving the aims of the Convention. ARTICLE XII Settlement of disputes 1. If there is any dispute regarding the interpretation or application of this Convention, or if a contracting party considers that any action by another contracting party is in conflict with the obligations of the latter under Articles IV and VI of this Convention, especially regarding the basis of prohibiting or restricting the imports of plants, plant products or other regulated articles coming from its territories, the contracting parties concerned shall consult among themselves as soon as possible with a view to resolving the dispute. 2. If the dispute cannot be resolved by the means referred to in paragraph 1, the contracting party or parties concerned may request the Director-General of FAO to appoint a committee of experts to consider the question in dispute, in accordance with rules and procedures that may be established by the Commission. 3. This Committee shall include representatives designated by each contracting party concerned. The Committee shall consider the question in dispute, taking into account all documents and other forms of evidence submitted by the contracting parties concerned. The Committee shall prepare a report on the technical aspects of the dispute for the purpose of seeking its resolution. The preparation of the report and its approval shall be according to rules and procedures established by the Commission, and it shall be transmitted by the Director-General to the contracting parties concerned. The report may also be submitted, upon its request, to the competent body of the international organization responsible for resolving trade disputes. 4. The contracting parties agree that the recommendations of such a committee, while not binding in character, will become the basis for renewed consideration by the contracting parties concerned of the matter out of which the disagreement arose. 5. The contracting parties concerned shall share the expenses of the experts. 6. The provisions of this Article shall be complementary to and not in derogation of the dispute settlement procedures provided for in other international agreements dealing with trade matters. ARTICLE XIII Substitution of prior agreements This Convention shall terminate and replace, between contracting parties, the International Convention respecting measures to be taken against the Phylloxera vastatrix of 3 November 1881, the additional Convention signed at Berne on 15 April 1889 and the International Convention for the Protection of Plants signed at Rome on 16 April 1929. ARTICLE XIV Territorial application 1. Any contracting party may at the time of ratification or adherence or at any time thereafter communicate to the Director-General of FAO a declaration that this Convention shall extend to all or any of the territories for the international relations of which it is responsible, and this Convention shall be applicable to all territories specified in the declaration as from the thirtieth day after the receipt of the declaration by the Director-General. 2. Any contracting party which has communicated to the Director-General of FAO a declaration in accordance with paragraph 1 of this Article may at any time communicate a further declaration modifying the scope of any former declaration or terminating the application of the provisions of the present Convention in respect of any territory. Such modification or termination shall take effect as from the thirtieth day after the receipt of the declaration by the Director-General. 3. The Director-General of FAO shall inform all contracting parties of any declaration received under this Article. ARTICLE XV Supplementary agreements 1. The contracting parties may, for the purpose of meeting special problems of plant protection which need particular attention or action, enter into supplementary agreements. Such agreements may be applicable to specific regions, to specific pests, to specific plants and plant products, to specific methods of international transportation of plants and plant products, or otherwise supplement the provisions of this Convention. 2. Any such supplementary agreements shall come into force for each contracting party concerned after acceptance in accordance with the provisions of the supplementary agreements concerned. 3. Supplementary agreements shall promote the intent of the Convention and shall conform to the principles and provisions of the Convention, as well as to the principles of transparency, non-discrimination and the avoidance of disguised restrictions, particularly on international trade. ARTICLE XVI Ratification and adherence 1. This Convention shall be open for signature by all states until 1 May 1952 and shall be ratified at the earliest possible date. The instruments of ratification shall be deposited with the Director-General of FAO, who shall give notice of the date of deposit to each of the signatory states. 2. As soon as this Convention has come into force in accordance with Article XXI it shall be open for adherence by non-signatory states and member organizations of FAO. Adherence shall be effected by the deposit of an instrument of adherence with the Director-General of FAO, who shall notify all contracting parties. 3. When a member organization of FAO becomes a contracting party to this Convention, the member organization shall, in accordance with the provisions of Article II. 7 of the FAO Constitution, as appropriate, notify at the time of its adherence such modifications or clarifications to its declaration of competence submitted under Article II. 5 of the FAO Constitution as may be necessary in light of its acceptance of this Convention. Any contracting party to this Convention may, at any time, request a member organization of FAO that is a contracting party to this Convention to provide information as to which, as between the member organization and its member states, is responsible for the implementation of any particular matter covered by this Convention. The member organization shall provide this information within a reasonable time. ARTICLE XVII Non-contracting parties The contracting parties shall encourage any state or member organization of FAO, not a party to this Convention to accept this Convention, and shall encourage any non-contracting party to apply phytosanitary measures consistent with the provisions of this Convention and any international standards adopted hereunder. ARTICLE XVIII Languages 1. The authentic languages of the Convention shall be all official languages of FAO. 2. Nothing in this Convention shall be construed as requiring contracting parties to provide and to publish documents or to provide copies of them other than in the language(s) of the contracting party, except as stated in paragraph 3 below. 3. The following documents shall be in at least one of the official languages of FAO:
ARTICLE XIX Technical assistance The contracting parties agree to promote the provision of technical assistance to contracting parties, especially those that are developing contracting parties, either bilaterally or through the appropriate international organizations, with the objective of facilitating the implementation of the Convention. ARTICLE XX Amendment 1. Any proposal by a contracting party for the amendment of this Convention shall be communicated to the Director-General of FAO. 2. Any proposed amendment of this Convention received by the Director-General of FAO from a contracting party shall be presented to a regular or special session of the Commission for approval and, if the amendment involves important technical changes or imposes additional obligations on the contracting parties, it shall be considered by an advisory committee of specialists convened by FAO prior to the Commission. 3. Notice of any proposed amendment of this Convention, other than amendments to the Annex, shall be transmitted to the contracting parties by the Director-General of FAO not later than the time when the agenda of the session of the Commission at which the matter is to be considered is dispatched. 4. Any such proposed amendment of this Convention shall require the approval of the Commission and shall come into force as from the thirtieth day after acceptance by two-thirds of the contracting parties. For the purpose of this Article, an instrument deposited by a member organization of FAO shall not be counted as additional to those deposited by member states of such an organization. 5. Amendments involving new obligations for contracting parties, however, shall come into force in respect of each contracting party only on acceptance by it and as from the thirtieth day after such acceptance. The instruments of acceptance of amendments involving new obligations shall be deposited with the Director-General of FAO, who shall inform all contracting parties of the receipt of acceptance and the entry into force of amendments. 6. Proposals for amendments to the model phytosanitary certificate set out in the Annex to this Convention shall be sent to the Secretary and shall be considered for approval by the Commission. Approved amendments to the model phytosanitary certificate set out in the Annex to this Convention shall become effective ninety days after their notification to the contracting parties by the Secretary. 7. For a period of not more than twelve months from an amendment to the model phytosanitary certificate set out in the Annex to this Convention becoming effective, the previous version of the phytosanitary certificate shall also be legally valid for the purpose of this Convention. ARTICLE XXI Entry into force As soon as this Convention has been ratified by three signatory states it shall come into force among them. It shall come into force for each state or member organization of FAO ratifying or adhering thereafter from the date of deposit of its instrument of ratification or adherence. ARTICLE XXII Denunciation 1. Any contracting party may at any time give notice of denunciation of this Convention by notification addressed to the Director-General of FAO. The Director-General shall at once inform all contracting parties. 2. Denunciation shall take effect one year from the date of receipt of the notification by the Director-General of FAO. ANNEX Model Phytosanitary Certificate No. ____ Plant Protection Organization of ____________________________ TO: Plant Protection Organization(s) of _____________________ I. Description of consignment Name and address of exporter _________________________________ Declared name and address of consignee _______________________ Number and description of packages ___________________________ Distinguishing marks _________________________________________ Place of origin ______________________________________________ Declared means of conveyance _________________________________ Declared point of entry ______________________________________ Name of produce and quantity declared ________________________ Botanical name of plants _____________________________________ This is to certify that the plants or plant products described herein have been inspected and/or tested according to appropriate official procedures and are considered to be free from the quarantine pests specified by the importing contracting party and to conform with the current phytosanitary requirements of the importing contracting party including those for regulated non-quarantine pests. They are deemed to be practically free from other pests.* II. Additional declaration III. Disinfestation and/or Disinfection Treatment Date Treatment Chemical (active ingredient) ___________________ Duration and temperature Concentration ________________________ Additional information ________________________________________ Place of issue_________________________________________________ (Stamp of Organization) Name of authorized officer ____________ Date ____________________ (Signature) _________________________ No financial liability with respect to this certificate shall attach to (name of Plant Protection Organization) or to any of its officers or representatives.* * Optional clause Model Phytosanitary Certificate for Re-Export No. ______ Plant Protection Organization of (contracting party of re-export) TO: Plant Protection Organization(s) of (contracting party(ies) of import) I. Description of consignment Name and address of exporter ____________________________ Declared name and address of consignee __________________ Number and description of packages ______________________ Distinguishing marks ____________________________________ Place of origin _________________________________________ Declared means of conveyance ____________________________ Declared point of entry _________________________________ Name of produce and quantity declared ___________________ Botanical name of plants ________________________________ This is to certify that the plants or plant products described above were imported into (contracting party of re-export) from (contracting party of origin) covered by Phytosanitary Certificate No. , *original [ ] certified true copy [ ] of which is attached to this certificate; that they are packed [ ] repacked [ ] in original [ ] *new [ ] containers, that based on the original phytosanitary certificate [ ] and additional inspection [ ], they are considered to conform with the current phytosanitary regulations of the importing contracting party, and that during storage in (contracting party of re-export), the consignment has not been subjected to the risk of infestation or infection. * Insert tick in appropriate [ ] boxes II. Additional declaration III. Disinfestation and/or Disinfection Treatment Date Treatment Chemical (active ingredient) ______________ Duration and temperature Concentration ___________________ Additional information ___________________________________ Place of issue ___________________________________________ (Stamp of Organization) Name of authorized officer _______ Date ____________________ (Signature) ____________________ No financial liability with respect to this certificate shall attach to (name of Plant Protection Organization) or to any of its officers or representatives.* * Optional clause APPENDIX 2 Interpretations as agreed by the Thirteenth COAG 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. APPENDIX 3 Terms of Reference of the Interim Commission on Phytosanitary Measures 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:
2. Membership in the Commission shall be open to all contracting parties, 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. |