79–115

106TH CONGRESS EXEC. REPT.

2d Session " ! SENATE 106–27

INTERNATIONAL PLANT PROTECTION CONVENTION

OCTOBER 5 (legislative day, SEPTEMBER 22), 2000.—Ordered to be printed

Mr. HELMS, from the Committee on Foreign Relations,

submitted the following

REPORT

[To accompany Treaty Doc. 106–23]

The Committee on Foreign Relations, to which was referred the

International Plant Protection Convention, Adopted at the Conference of the Food and Agriculture Organization (FAO) of the

United Nations at Rome on November 17, 1997 (Treaty Doc. 106–

23) (‘‘the amended Convention’’), having considered the same, reports favorably thereon with three understandings, one declaration

and two provisos, and recommends that the Senate give its advice

and consent to the ratification thereof as set forth in this report

and the accompanying resolution of ratification.

CONTENTS

Page

I. Purpose ........................................................................................................... 1

II. Summary ........................................................................................................ 2

III. Entry Into Force and Denunciation ............................................................. 4

IV. Committee Action .......................................................................................... 4

V. Committee Recommendation and Comments .............................................. 4

VI. Text of the Resolution of Ratification .......................................................... 4

I. PURPOSE

The proposed amended Convention is a further revision of the

original 1951 Convention, which entered into force for the United

States in 1972. The amended Convention is intended to promote

international cooperation to control and prevent the spread of

harmful plant pests. Through regional and national plant protection organizations, the amended Convention is expected to foster

development of international plant health standards, harmonization of plant quarantine activities with emerging standards, dissemination of phytosanitary information and extension of plant

health assistance to developing countries.

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II. SUMMARY

A. GENERAL

The original International Plant Protection Convention was done

at Rome on Dec. 6, 1951. In general, it is intended to protect the

health of plants and related agricultural trade worldwide. It entered into force on April 3, 1952, and was ratified by the United

States on August 18, 1972 (23 U.S.T. 2767, T.I.A.S. No. 7465). A

prior amendment was done at Rome on November 28, 1979, was

accepted by the United States on June 11, 1982, and entered into

force on April 4, 1991.

The proposed amended Convention discussed in this report is a

substantial revision of the existing text. Under the terms of the existing Convention, the amended Convention would likewise enter

into force for all parties on the thirtieth day after acceptance by

two-thirds of the parties, the Conference of the Food and Agriculture Organization (the FAO Conference) having determined that

the amendments entail no new obligations for the current parties.

Amendment of the existing Convention was deemed necessary

after the adoption of the World Trade Organization Agreement on

the Application of Sanitary and Phytosanitary Measures (SPS

Agreement) in 1995. The SPS Agreement recognized that there was

no multilateral, international framework for SPS standards and

was intended to promote the harmonization of the SPS standards

of WTO members, based on the international standards developed

by existing international organizations active in the field of SPS

measures.

Among the international organizations to which the SPS Agreement referred are the international and regional plant protection

organizations operating within the framework of the existing Convention’s umbrella framework. However, as presently constituted,

this framework is not well equipped to handle the role envisioned

by the SPS Agreement. As a result, soon after the establishment

of the WTO, parties to the existing Convention began their work

on the revision which is before the Senate.

The amended Convention was adopted by the FAO Conference in

Rome on November 17, 1997. This revision is intended to strengthen the Convention structure, to formally incorporate some of the

concepts promulgated by the SPS Agreement, and to establish the

framework for developing international SPS standards. The amended Convention would formally establish a permanent Secretariat,

which was created informally in 1993. It would also establish the

Commission on Phytosanitary Measures within the framework of

the Food and Agriculture Organization of the United Nations

(FAO). FAO has already approved an Interim Commission to carry

out the functions proposed for the permanent Commission pending

the entry into force of the amended Convention, but the actions of

the Interim Commission will not receive official recognition by the

FAO Council.

In the United States, section 432 of the Uruguay Round Agreements Act of 1994 required the President to designate an agency

to inform the public about international standard-setting activities.

Under Presidential Proclamation 6780 (60 Fed. Reg 15,845 (1995)),

the Secretary of Agriculture is in charge of these activities.

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With regard to the regional plant protection organizations established within the Convention framework, the United States is a

member of the Caribbean Plant Protection Commission (CPPC), the

North American Plant Protection Organization (NAPPO), and the

Pacific Plant Protection Organization (PPPO).

B. KEY PROVISIONS

For a detailed discussion of the amended Convention’s provisions,

please refer to Treaty Doc. 106–23.

The major differences between the existing Convention and the

amended Convention reflect concepts and policies set forth in the

SPS Agreement, such as harmonization of standards, minimization

of negative impact on trade, emphasis on ‘‘technical’’ justification of

SPS measures, pest risk assessments, and designation of pest-free

areas; the establishment of administrative and governing organs

distinct from, although within the framework of, the administrative

and governing bodies of the FAO; inclusion of regulated non-quarantine pests; promotion of the Convention and its standards among

countries and organization currently not parties to the Convention;

designation of official languages, thereby facilitating information

exchange and dissemination among the contracting parties to the

Convention; and the promotion of technical assistance to contracting parties, particularly those that are developing countries.

In the Secretary of State’s letter of submittal to the President

(reprinted in Treaty Doc. 106–23), the Secretary recommends the

incorporation of two understandings in the Senate resolution of

ratification to clarify the understanding and position of the United

States with respect to the effect of the amended Convention on the

rights of the United States under other international agreements,

and on the ability of the United States to regulate for health and

safety purposes. The Committee has slightly modified the language

of the first proposed understanding, though there is, in the Committee’s view, no material difference in meaning. If approved by the

Senate, the understanding will emphasize the view of the United

States that nothing in the amended Convention is to be interpreted

in a manner inconsistent with, or alter the terms or effect of, the

SPS Agreement and other relevant international agreements. This

applies, in particular, to Articles VI and VII of the amended IPPC.

The second understanding recommended by the Department of

State would make clear that nothing in the existing or amended

Convention limits the authority of the United States to take measures against any pest to protect human, animal or plant life or

health, or the environment, consistent with the SPS Agreement.

The Committee accepts the State Department analysis pointing out

that the scope of the amended Convention covers the protection of

plant life and health and the environment. The Committee shares

the State Department’s conclusion that Article VI of the amended

Convention, which prohibits measures concerning non-regulated

pests under the Convention, should not be interpreted to prohibit

measures concerning pests outside the scope of the Convention i.e.,

pests potentially harmful to human or animal life or health. To

make this view clear to the other parties, the Committee has included the recommended understanding in the proposed resolution

of ratification, below.

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1On the day the Committee was scheduled to conduct a hearing on the treaty, permission to

do so pursuant to Senate Rule 26(5)(a) had not been granted. Therefore, the Committee proceeded in informal session, the text of which is appended to Executive Report 106–16.

III. ENTRY INTO FORCE AND DENUNCIATION

A. ENTRY INTO FORCE

In accordance with Article XIII(4) of the existing Convention, the

amended Convention will enter into force 30 days from the date of

its acceptance by two-thirds of the contracting parties to the existing Convention.

B. DENUNCIATION

Any contracting party may at any time give notice of denunciation of the amended Convention by notification addressed to the

FAO Director-General, who shall at once inform all contracting

parties. Denunciation shall take effect one year from the date of receipt of the notification by the FAO Director-General.

IV. COMMITTEE ACTION

The Committee on Foreign Relations held an informal public

meeting on the amended Convention on July 20, 2000 (a transcript

of the meeting and questions for the record are included in Senate

Exec. Rept. 106–16). 1 The Committee considered the amended Convention on September 27, 2000, and ordered it favorably reported

by voice vote, with the recommendation that the Senate give its advice and consent to the ratification of the amended Convention subject to three understandings, one declaration and two provisos.

V. COMMITTEE RECOMMENDATION AND COMMENTS

The Committee on Foreign Relations recommends favorably the

amended Convention. On balance, the Committee believes that the

amended Convention is in the interest of the United States and

urges the Senate to act promptly to give its advice and consent to

ratification.

The Committee is aware that the Animal and Plant Health Inspection Service (APHIS) of the Department of Agriculture currently publishes an annual notice in the Federal Register, pursuant

to section 491 of the Trade Agreements Act of 1979, setting forth

information, inter alia, about the standard-setting activities of the

IPPC (see, e.g., 64 Fed. Register 53657 (Oct. 4, 1999)). Inclusion of

the information set forth in that notice in the report required by

Proviso (1) would satisfy the reporting requirements of Proviso (1)

(A) and (B).

VI. TEXT OF THE RESOLUTION OF RATIFICATION

Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the

International Plant Protection Convention (IPPC), Adopted at the

Conference of the Food and Agriculture Organization (FAO) of the

United Nations at Rome on November 17, 1997 (Treaty Doc. 106–

23) (referred to in this resolution of ratification as ‘‘the amended

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Convention,’’) subject to the understandings of subsection (a), the

declaration of subsection (b) and the provisos of subsection (c).

(a) UNDERSTANDINGS.—The advice and consent of the Senate is

subject to the following understandings, which shall be included in

the instrument of ratification of the amended Convention and shall

be binding on the President:

(1) RELATIONSHIP TO OTHER INTERNATIONAL AGREEMENTS.—The United States understands that nothing in the

amended Convention is to be interpreted in a manner inconsistent with, or alters the terms or effect of, the World Trade

Organization Agreement on the Application of Sanitary or

Phytosanitary Measures (SPS Agreement) or other relevant

international agreements.

(2) AUTHORITY TO TAKE MEASURES AGAINST PESTS.—The

United States understands that nothing in the amended Convention limits the authority of the United States, consistent

with the SPS Agreement, to take sanitary or phytosanitary

measures against any pest to protect the environment or

human, animal, or plant life or health.

(3) ARTICLE XX (‘‘TECHNICAL ASSISTANCE’’).—The United

States understands that the provisions of Article XX entail no

binding obligation to appropriate funds for technical assistance.

(b) DECLARATION.—The advice and consent of the Senate is

subject to the following declaration:

TREATY INTERPRETATION.—The Senate affirms the applicability to all treaties of the constitutionally based principles of

treaty interpretation set forth in Condition (1) of the resolution

of ratification of the INF Treaty, approved by the Senate on

May 27, 1988, and Condition (8) of the resolution of ratification

of the Document Agreed Among the State Parties to the Treaty

on Conventional Armed Forces in Europe, approved by the

Senate on May 14, 1997.

(c) PROVISOS.—The advice and consent of the Senate is subject

to the following provisos:

(1) REPORT TO CONGRESS.—One year after the date the

amended Convention enters into force for the United States,

and annually thereafter for five years, the Secretary of Agriculture, in consultation with the Secretary of State, shall provide a report on amended Convention implementation to the

Committee on Foreign Relations of the Senate setting forth at

least the following:

(A) a discussion of the sanitary or phytosanitary

standard-setting activities of the IPPC during the previous

year;

(B) a discussion of the sanitary or phytosanitary

standards under consideration or planned for consideration

by the IPPC in the coming year;

(C) information about the budget of the IPPC in the

previous fiscal year; and

(D) a list of countries which have ratified or accepted

the amended Convention, including dates and related particulars.

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(2) SUPREMACY OF THE CONSTITUTION.—Nothing in the

amended Convention requires or authorizes legislation or other

action by the United States of America that is prohibited by

the Constitution of the United States as interpreted by the

United States.

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