Proposal for a Council Decision approving the accession of the European Community to the International Plant Protection Convention, as revised and approved by Resolution 12/97 of the Twenty-ninth Session of the FAO Conference in November 1997.
Date: 2003-07-31
Institutions: European Commission
Subjects: FAO, UN convention, accession to an agreement, environmental risk prevention, international standard, plant health control, plant health legislation, protection of plant life

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 31.07.2003
COM(2003) 470 final

2003/0178 (CNS)

Proposal for a

COUNCIL DECISION

approving the accession of the European Community to the International Plant
Protection Convention, as revised and approved by Resolution 12/97 of the Twenty-
ninth Session of the FAO Conference in November 1997.

(presented by the Commission)

EXPLANATORY MEMORANDUM

The International Plant Protection Convention (IPPC) is a multilateral Treaty deposited with
the Director General of FAO. The Convention was adopted in 1951 and entered into force the
following year. It was subsequently amended in 1979 and the amendments entered into force
in 1991.

One of the primary objectives of the 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”.

The  role  of  the  Convention  in  relation  to  trade  has  changed  significantly  in  recent  years.  It
resulted in another revision of the Convention in order to bring it into line with the Agreement
on the Application of Sanitary and Phytosanitary Measures in the Uruguay Round Final Act
and  to  ensure  consistency  with  the  new  system  for  drafting  International  Standards  in  the
IPPC framework. The revised text was approved by Resolution 12/97 of the FAO Conference
in November 1997.

This  proposal  aims  at  approving  the  above  revised  text  on  the  behalf  of  the  European
Community  with  regard  to  matters  within  its  competence.  It  also  aims  to  provide  for  the
adherence of the European Community to the IPPC.

The Council is requested to authorise the President to deposit the instrument of accession with
the Director-General of FAO.

2

2003/0178 (CNS)

Proposal for a

COUNCIL DECISION

approving the accession of the European Community to the International Plant
Protection Convention, as revised and approved by Resolution 12/97 of the Twenty-
ninth Session of the FAO Conference in November 1997.

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 Commission1,

Having regard to the opinion of the European Parliament2,

Whereas:

(1) 

(2) 

(3) 

(4) 

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.

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  and  to  ensure  consistency  with  the  new  system  for
drafting  International  Standards  in  the  IPPC  framework.  The  revised  text  was
approved by Resolution 12/97 of the FAO Conference in November 1997.

The  amendments  of  the  revised  text  shall  come  into  force  as  from  the  thirtieth  day
after  acceptance  by  two  thirds  of  the  contracting  parties.  At  present  43  countries,  of
which four Member States have accepted the revised text.

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”.

1

2

OJ C […] of […], p. […]
OJ C […] of […], p. […]

3

                                                
(5) 

(6) 

(7) 

(8) 

(9) 

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.

The  subject  matter  of  the  IPPC  Convention  falls  also  within  the  scope  of  existing
Community regulations in this field.

It follows that the approval of the IPPC Convention is a matter of both the Community
and its Member States.

The IPPC Convention should be approved on behalf of the Community with regard to
matters within its competence.

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  revised  text  of  the  International  Plant  Protection  Convention  (hereinafter
referred  to  as  ‘the  IPPC  Convention’),  as  approved  by  Resolution  12/97  of  the
Twenty-ninth  Session  of  the  FAO  Conference  in  November  1997,  is  hereby
approved on behalf of the Community with regard to matters within its competence.

2. 

The revised text of the IPPC Convention is set out in Annex I.

Article 2

1.

2.

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’).

The declaration set out in Annex II shall be made in the instrument of accession.

Done at Brussels,

For the Council
The President

4

ANNEX I

INTERNATIONAL PLANT PROTECTION CONVENTION

New revised text approved by Resolution 12/97 of the Twenty-ninth Session of the FAO-
Conference in November 1997

The contracting parties,

PREAMBLE

– 

– 

– 

– 

– 

– 

recognizing the necessity for international cooperation in controlling pests of plants
and  plant products  and  in preventing their  international spread, and especially their
introduction 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.

2.

3.

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 XVI.

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.

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.

5

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,
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

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 XI;

“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 X, 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 measure” - any legislation, regulation or official procedure having the
purpose to prevent the introduction and/or spread of pests;

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

6

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

“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 and 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 or a regulated non-quarantine pest;

“Secretary” - Secretary of the Commission appointed pursuant to Article XII;

“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 III

Relationship with other international agreements

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

ARTICLE IV

General provisions relating to the organizational arrangements for national plant
protection

1.

2.

Each contracting party shall make provision, to the best of its ability, for an official
national  plant  protection  organization  with  the  main  responsibilities  set  out  in  this
Article.

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

(a)

the  issuance  of  certificates  relating  to  the  phytosanitary  regulations  of  the
importing  contracting  party  for  consignments  of  plants,  plant  products  and
other regulated articles;

7

(b)

(c)

(d)

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

the  inspection  of  consignments  of  plants  and  plant  products  moving  in
international  traffic  and,  where  appropriate,  the  inspection  of  other  regulated
articles,  particularly  with  the  object  of  preventing  the  introduction  and/or
spread of pests;

the disinfestation or disinfection of consignments of plants, plant products and
other  regulated  articles  moving  in  international  traffic,  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.

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 V

Phytosanitary certification

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.

8

4.

1.

2.

Each  contracting  party  shall  make  arrangements  for  the  issuance  of  phytosanitary
certificates in conformity with the following provisions:

(a)

Inspection  and  other  related  activities  leading  to  issuance  of  phytosanitary
certificates  shall  be  carried  out  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 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  contracting parties
may  accept  the  phytosanitary  certificates  with  confidence  as  dependable
documents.

(b)

Phytosanitary certificates, or their electronic equivalent where accepted by the
importing contracting party concerned, 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.

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 VI

Regulated pests

1.

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

(a)

(b)

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

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.

ARTICLE VII

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  and  plant
products and other regulated articles and, to this end, may:

9

(a)

(b)

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

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 movement of regulated pests into their territories;

(d)

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

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:

(a) Contracting parties shall not, under their 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) 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) 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  impede  international  trade.  The
contracting party shall publish a list of such points of entry and communicate it
to  the  Secretary,  any  regional  plant  protection  organization  of  which  the
contracting  party  is  a  member,  all  contracting  parties  which  the  contracting
party  believes  to  be  directly  affected,  and  other  contracting  parties  upon
request. Such restrictions on points of entry shall not be made unless the plants,
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  required  by  the  plant
protection organization of a contracting party for a consignment of plants, plant
products or other regulated articles offered for importation, shall take place as
promptly as possible with due regard to their perishability.

10

(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
reexporting  contracting  party  concerned,  should  investigate  and,  on  request,
report  the  result  of  its  investigation  to  the  importing  contracting  party
concerned.

(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.

(h) Contracting  parties  shall,  as  conditions  change,  and  as  new  facts  become
available,  ensure  that  phytosanitary  measures  are  promptly  modified  or
removed if found to be unnecessary.

(i)

(j)

Contracting parties shall, to the best of their  ability, establish and update lists
of regulated pests, using scientific names, and make such lists available to the
Secretary,  to  regional  plant  protection  organizations  of  which  they  are
members and, on request, to other contracting parties.

Contracting  parties  shall,  to  the  best  of  their  ability,  conduct  surveillance  for
pests and develop and maintain adequate information on pest status in order to
support  categorization  of  pests,  and  for  the  development  of  appropriate
phytosanitary  measures.  This 
to
contracting parties, on request.

information  shall  be  made  available 

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.

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.

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.

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.

3.

4.

5.

6.

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ARTICLE VIII

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:

(a)

(b)

cooperate  in  the  exchange  of  information  on  plant  pests,  particularly  the
reporting  of  the  occurrence,  outbreak  or  spread  of  pests  that  may  be  of
immediate or potential danger, in accordance with such procedures as may be
established by the Commission;

participate, in so far as is practicable, in any special campaigns for combatting
pests that may seriously threaten crop production and need international action
to meet the emergencies; and

(c)

cooperate,  to  the  extent  practicable,  in  providing  technical  and  biological
information necessary for pest risk analysis.

Each  contracting  party  shall  designate  a  contact  point  for  the  exchange  of
information connected with the implementation of this Convention.

ARTICLE IX

Regional plant protection organizations

The  contracting  parties  undertake  to  cooperate  with  one  another  in  establishing
regional plant protection organizations in appropriate areas.

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.

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.

The  Secretary  will  convene  regular  Technical  Consultations  of  representatives  of
regional plant protection organizations to:

(a)

(b)

promote  the  development  and  use  of  relevant  international  standards  for
phytosanitary measures; and

encourage  inter-regional  cooperation  in  promoting  harmonized  phytosanitary
measures  for  controlling  pests  and  in  preventing  their  spread  and/or
introduction.

2.

1.

2.

3.

4.

12

1.

2.

3.

4.

1.

2.

ARTICLE X

Standards

The  contracting  parties  agree  to  cooperate  in  the  development  of  international
standards in accordance with the procedures adopted by the Commission.

International standards shall be adopted by the Commission.

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.

Contracting  parties  should  take into account,  as  appropriate,  international  standards
when undertaking activities related to this Convention.

ARTICLE XI

Commission on Phytosanitary Measures

Contracting  parties  agree  to  establish  the  Commission  on  Phytosanitary  Measures
within  the  framework  of  the  Food  and  Agriculture  Organization  of  the  United
Nations (FAO).

The functions of the Commission shall be to promote the full implementation of the
objectives of the Convention and, in particular, to:

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

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;

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

establish rules and procedures for the resolution of disputes in accordance with
Article XIII;

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

adopt  guidelines  regarding  the  recognition  of  regional  plant  protection
organizations;

establish cooperation with other relevant international organizations on matters
covered by this Convention;

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

perform  such  other  functions  as  may  be  necessary  to  the  fulfilment  of  the
objectives of this Convention.

13

3.

4.

5.

6.

7.

8.

9.

Membership in the Commission shall be open to all contracting parties.

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.

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.

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.

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.

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

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 XII

Secretariat

1.

2.

3.

4.

The  Secretary  of  the  Commission  shall  be  appointed  by  the  Director-General  of
FAO.

The Secretary shall be assisted by such secretariat staff as may be required.

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  the
Secretary by this Convention and shall report thereon to the Commission.

The Secretary shall disseminate:

(a)

international standards to all contracting parties within sixty days of adoption;

(b)

to  all  contracting  parties,  lists  of  points  of  entry  under  Article  VII
paragraph 2(d) communicated by contracting parties;

14

(c)

(d)

lists  of  regulated  pests whose  entry is  prohibited  or  referred  to  in  Article  VII
paragraph  2(i)  to  all  contracting  parties  and  regional  plant  protection
organizations;

information  received  from  contracting  parties  on  phytosanitary  requirements,
restrictions  and  prohibitions  referred  to  in  Article  VII  paragraph  2(b),  and
descriptions  of  official  national  plant  protection  organizations  referred  to  in
Article IV paragraph 4.

The  Secretary  shall  provide  translations  in  the  official  languages  of  FAO  of
documentation for meetings of the Commission and international standards.

The  Secretary  shall  cooperate  with  regional  plant  protection  organizations  in
achieving the aims of the Convention.

ARTICLE XIII

Settlement of disputes

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  V  and  VII  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.

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.

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.

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.

The contracting parties concerned shall share the expenses of the experts.

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.

15

5.

6.

1.

2.

3.

4.

5.

6.

ARTICLE XIV

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 XV

Territorial application

1.

2.

3.

1.

2.

3.

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.

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.

The Director-General of FAO shall inform all contracting parties of any declaration
received under this Article.

ARTICLE XVI

Supplementary agreements

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.

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.

Supplementary  agreements  shall  promote  the  intent  of  this  Convention  and  shall
conform  to  the  principles  and  provisions  of  this  Convention,  as  well  as  to  the
principles  of  transparency,  non-discrimination  and  the  avoidance  of  disguised
restrictions, particularly on international trade.

16

1.

2.

3.

ARTICLE XVII

Ratification and adherence

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.

As soon as this Convention has come into force in accordance with Article XXII 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.

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 paragraph 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 paragraph 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 
the
implementation  of  any  particular  matter  covered  by  this  Convention.  The  member
organization shall provide this information within a reasonable time.

its  member  states, 

is  responsible  for 

ARTICLE XVIII

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 XIX

Languages

1.

2.

3.

The authentic languages of this Convention shall be all official languages of FAO.

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.

The following documents shall be in at least one of the official languages of FAO:

(a)

information provided according to Article IV paragraph 4;

(b)

cover notes giving bibliographical data on documents transmitted according to
Article VII paragraph 2(b);

17

(c)

information provided according to Article VII paragraph 2(b), (d), (i) and (j);

(d)

(e)

(f)

notes giving bibliographical  data  and a short  summary  of relevant  documents
on information provided according to Article VIII paragraph 1(a);

requests for information from contact points as well as replies to such requests,
but not including any attached documents;

any  document  made  available  by  contracting  parties  for  meetings  of  the
Commission.

ARTICLE XX

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 
the
implementation of this Convention.

international  organizations,  with 

the  objective  of 

facilitating 

ARTICLE XXI

Amendment

1.

2.

3.

4.

5.

Any proposal by a contracting party for the amendment of this Convention shall be
communicated to the Director-General of FAO.

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.

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.

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.

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.

18

6.

7.

Proposals  for  amendments  to  the  model  phytosanitary  certificates  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
certificates  set  out  in  the  Annex  to  this  Convention  shall  become  effective  ninety
days after their notification to the contracting parties by the Secretary.

For  a  period  of  not  more  than  twelve  months  from  an  amendment  to  the  model
phytosanitary certificates set out in the Annex to this Convention becoming effective,
the  previous  version  of  the  phytosanitary  certificates  shall  also  be  legally  valid  for
the purpose of this Convention.

ARTICLE XXII

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 XXIII

Denunciation

1.

2.

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.

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

19

Model Phytosanitary Certificate

ANNEX

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,  plant  products  or  other  regulated  articles  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.*

*

Optional clause.

20

                                                
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.

21

                                                
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,  plant  products  or  other  regulated  articles  described  above
_____________  were  imported  into  (contracting  party  of  re-export)  ___________  from
______________  (contracting  party  of  origin)  covered  by  Phytosanitary  Certificate  No.
________,  *original (cid:1) certified true copy (cid:1) of which is attached to this certificate; that they
are  packed  (cid:1)  repacked  (cid:1)  in  original  (cid:1)  *new  (cid:1)  containers,  that  based  on  the  original
phytosanitary certificate (cid:1) and additional inspection (cid:1), they are considered to conform with
the  current  phytosanitary  requirements  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 (cid:1) boxes.

22

                                                
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.

23

                                                
ANNEX II

Single declaration by the European Community on the exercise of competence according
to Article XVII, paragraph 3 of the International Plant Protection Convention

This declaration specifies the exercise of competence between the European Community and
its  Member  States  in  matters  covered  by  the  International  Plant  Protection  Convention
(IPPC). It does not affect the speaking arrangement regarding the Community and its Member
States.

Should  the  scope  of  the  division  of  competence  described  below  between  the  European
Community and its Member States change, this declaration will be updated accordingly.

1. 

EUROPEAN COMMUNITY’S COMPETENCE

As  a  general  rule,  the  European  Community  has  exclusive  competence  for  agenda
items dealing with issues of international trade to the extent that they are related to
the objectives of the IPPC notably ensuring common and effective action to prevent
the spread and introduction of pests of plants and plant products.

2. 

MEMBER STATES’ COMPETENCE

As a general rule, the Member States of the European Community have competence
for agenda items dealing with organisational matters (e.g. legal or budgetary issues)
and procedural issues (e.g. election of chairpersons, adoption of the agenda, adoption
of reports).

3. 

MEMBER STATE AND COMMUNITY COMPETENCE

The European Community and its Member States both have a priori competence in
the following areas, to the extent the measures envisaged in those areas falls within
the  scope  of  action  of  the  IPPC  and  where  the  Community  has  the  power  to
harmonise but such areas have been harmonised in part only.

(a) Agricultural  policy  in  general,  including  the  harmonisation  of  standards  for

plant life and health (Articles 32 to 38 of EC Treaty);

(b) Other policies of the European Community that may concern even partially the

specific activities of the IPPC.

24