COUNCIL DECISION
of 19 July 2004
approving the accession of the European Community to the International Plant Protection Convention, as revised and approved by Resolution 12/97 of the 29th Session of the FAO Conference in November 1997
(2004/597/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and in particular Article 37, in conjunction with Article 300(2), first sentence of the first subparagraph and Article 300(3), first subparagraph thereof,
Having regard to the proposal from the Commission,
Having regard to the opinion of the European Parliament (1),
Whereas:
(1)
The International Plant Protection Convention (hereinafter referred to as the IPPC Convention) was adopted by the FAO Conference in 1951 and entered into force the following year. It was subsequently amended by the FAO Conference in 1979 and the amendments entered into force in 1991.
(2)
In 1997 another revision of the IPPC Convention took place in order to bring it into line with the Agreement on the Application of Sanitary and Phytosanitary Measures in the Uruguay Round Final Act, to ensure consistency with the new system for drafting International Standards in the IPPC framework and to allow Member Organisations of the FAO to become a Contracting Party to it. The revised text was approved by Resolution 12/97 of the FAO Conference in November 1997.
(3)
The amendments of the revised text will come into force as from the 30th day after acceptance by two-thirds of the Contracting Parties. As from that date the European Community will be entitled to become a Party to the IPPC Convention. At present 43 countries, of which four Member States, have accepted the revised text.
(4)
One of the primary objectives of the IPPC Convention is to secure ‘common and effective action to prevent the spread and introduction of pests of plants and plant products, and to provide appropriate measures for their control’.
(5)
The competence of the Community to conclude or accede to international agreements or treaties does not derive only from explicit conferral by the Treaty but may also derive from other provisions of the Treaty and from acts adopted pursuant to those provisions by Community institutions.
(6)
The subject matter of the IPPC Convention falls also within the scope of existing Community regulations in this field.
(7)
It follows that the subject matter of the IPPC Convention is a matter of both the Community and its Member States.
(8)
The IPPC Convention should be acceded by the Community with regard to matters within its competence.
(9)
The President of the Council should be authorised to deposit the instrument of accession of the Community,
HAS DECIDED AS FOLLOWS:
Article 1
1. The European Community shall submit a request for accession to the International Plant Protection Convention with regard to matters within its competence.
2. The revised text of the IPPC Convention as approved by Resolution 12/97 of the 29th Session of the FAO Conference in November 1997 is set out in Annex I.
Article 2
1. The President of the Council is hereby authorised to deposit the instrument of accession with the Director-General of the Food and Agriculture Organisation of the United Nations (hereinafter referred to as FAO).
2. The declaration set out in Annex II shall be made in the instrument of accession.
Done at Brussels, 19 July 2004.