2004/597/EC: 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
Date: 2004-07-19
Institutions: Council of the European Union
Subjects: FAO, UN convention, accession to an agreement, environmental risk prevention, plant health control, plant health legislation, protection of plant life

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II

(Acts whose publication is not obligatory)

COUNCIL

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),
the first subparagraph and
Article 300(3), first subparagraph thereof,

first sentence of

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

The International Plant Protection Convention (here-
inafter 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, to ensure
consistency with the new system for drafting Interna-
tional Standards in the IPPC framework and to allow
Member Organisations of
a
Contracting Party to it. The revised text was approved
by Resolution 12/97 of
in
November 1997.

FAO to become

FAO Conference

the

the

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

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’.

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 subject matter of the IPPC Convention
is a matter of both the Community and its Member
States.

IPPC Convention should be

regard

to matters within

acceded by the
its

The
Community with
competence.

The President of the Council should be authorised to
deposit the instrument of accession of the Community,

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.

HAS DECIDED AS FOLLOWS:

Article 1

(1) Opinion delivered on 8 November 2003 (not yet published in the

Official Journal).

1.
for
The European Community shall submit a request
accession to the International Plant Protection Convention
with regard to matters within its competence.

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The revised text of the IPPC Convention as approved by
2.
Resolution 12/97 of the 29th Session of the FAO Conference in
November 1997 is set out in Annex I.

The declaration set out in Annex II shall be made in the

2.
instrument of accession.

Article 2

Done at Brussels, 19 July 2004.

The President of

1.
is hereby authorised to
the Council
deposit the instrument of accession with the Director-General
of the Food and Agriculture Organisation of the United Nations
(hereinafter referred to as FAO).

For the Council

The President

C. VEERMAN

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ANNEX I

INTERNATIONAL PLANT PROTECTION CONVENTION

New revised text approved by Resolution 12/97 of the 29th Session of the FAO Conference in November 1997

The Contracting Parties,

PREAMBLE

— recognising 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,

— recognising 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 harmonised phytosanitary measures and the

elaboration of international standards to that effect,

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

and the environment, and

— noting the agreements concluded as a result of the Uruguay Round of Multilateral Trade Negotiations, including the

Agreement on the Application of Sanitary and Phytosanitary Measures,

HAVE AGREED AS FOLLOWS:

Article I

Purpose and responsibility

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

Each Contracting Party shall assume responsibility, without prejudice to obligations assumed under other interna-

2.
tional 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 Orga-
nisations of FAO and their Member States that are Contracting Parties shall be in accordance with their respective
competencies.

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;

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‘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;

‘Harmonised 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;

‘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 organisation for the guidance of the members
of that organisation;

‘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.

The definitions set forth in this Article, being limited to the application of this Convention, shall not be deemed to

2.
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.

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General provisions relating to the organisational arrangements for national plant protection

Each Contracting Party shall make provision, to the best of its ability, for an official national plant protection

1.
organisation with the main responsibilities set out in this Article.

Article IV

2.

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

(a)

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

the importing Contracting Party for

(b) 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 transpor-
tation, 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);

(c)

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;

(d) 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 organisation and of
4.
changes in such organisation to the Secretary. A Contracting Party shall provide a description of its organisational
arrangements for plant protection to another Contracting Party, upon request.

Article V

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.

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Each Contracting Party shall make arrangements for the issuance of phytosanitary certificates in conformity with the

2.
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 organisation. The issuance of phytosanitary certificates
shall be carried out by public officers who are technically qualified and duly authorised by the official national plant
protection organisation 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

Contracting Parties may require phytosanitary measures for quarantine pests and regulated non-quarantine pests,

1.
provided that such measures are:

(a) no more stringent than measures applied to the same pests,

if present within the territory of the importing

Contracting Party; and

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

by the Contracting Party concerned.

2.

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

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:

(a) 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;

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

(c) prohibit or restrict the 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.

In order to minimise interference with international trade, each Contracting Party, in exercising its authority under

2.
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.

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(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 organisation 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 accom-
panied by phytosanitary certificates or to be submitted to inspection or treatment.

(e) Any inspection or other phytosanitary procedure required by the plant protection organisation 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.

(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 phytosa-
nitary certification. The exporting Contracting Party or, where appropriate,
the re-exporting Contracting Party
concerned, should investigate and, on request, report the result of its investigation to the importing Contracting
Party concerned.

(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) 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 organisations of which they are
members and, on request, to other Contracting Parties.

(j) 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 categorisation of pests, and for the development of appropriate
phytosanitary measures. This information shall be made available to Contracting Parties, on request.

3.
A Contracting Party may apply measures specified in this Article to pests which may not be capable of estab-
lishment 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 organisation of which the Contracting
Party is a member.

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Article VIII

International cooperation

The Contracting Parties shall cooperate with one another to the fullest practicable extent in achieving the aims of

1.
this Convention, and shall in particular:

(a) cooperate in the exchange of information on plant pests, particularly the reporting of the occurrence, outbreak or
in accordance with such procedures as may be

spread of pests that may be of immediate or potential danger,
established by the Commission;

(b) participate, in so far as is practicable, in any special campaigns for combating 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

2.
implementation of this Convention.

information connected with the

Article IX

Regional plant protection organisations

The Contracting Parties undertake to cooperate with one another in establishing regional plant protection organi-

1.
sations in appropriate areas.

2.
The regional plant protection organisations 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 organisations 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 organi-

4.
sations to:

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

(b) encourage inter-regional cooperation in promoting harmonised phytosanitary measures for controlling pests and in

preventing their spread and/or introduction.

Article X

Standards

The Contracting Parties agree to cooperate in the development of international standards in accordance with the

1.
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.

Contracting Parties should take into account, as appropriate, international standards when undertaking activities

4.
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

1.
and Agriculture Organisation of the United Nations (FAO).

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The functions of the Commission shall be to promote the full implementation of the objectives of the Convention

2.
and, in particular, to:

(a) review the state of plant protection in the world and the need for action to control the international spread of pests

and their introduction into endangered areas;

(b) establish and keep under review the necessary institutional arrangements and procedures for the development and

adoption of international standards, and to adopt international standards;

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

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

functions;

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

(f) establish cooperation with other relevant international organisations on matters covered by this Convention;

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

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

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 authorised 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 Organisation of FAO that is a Contracting Party and the Member States of that Member Organisation
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

7.
with this Convention or with the Constitution of FAO.

8.

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

9.
least one-third of its members.

The Commission shall elect its Chairperson and no more than two Vice-Chairpersons, each of whom shall serve

10.
for a term of two years.

Article XII

Secretariat

1.

2.

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.

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

4.

The Secretary shall disseminate:

(a)

international standards to all Contracting Parties within 60 days of adoption;

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(b) to all Contracting Parties, lists of points of entry under Article VII paragraph 2(d) communicated by Contracting

Parties;

(c)

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 organisations;

(d) 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 organisations referred to in Article
IV paragraph 4.

The Secretary shall provide translations in the official languages of FAO of documentation for meetings of the

5.
Commission and international standards.

6.

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

Article XIII

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 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.

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
organisation responsible for resolving trade disputes.

The Contracting Parties agree that the recommendations of such a committee, while not binding in character, will
4.
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.

The provisions of this Article shall be complementary to and not in derogation of the dispute settlement procedures

6.
provided for in other international agreements dealing with trade matters.

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.
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 interna-
tional relations of which it is responsible, and this Convention shall be applicable to all territories specified in the
declaration as from the 30th 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 30th day after the receipt of the declaration by the Director-
General.

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3.

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

Article XVI

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.

Any such supplementary agreements shall come into force for each Contracting Party concerned after acceptance in

2.
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
3.
provisions of this Convention, as well as to the principles of transparency, non-discrimination and the avoidance of
disguised restrictions, particularly on international trade.

Article XVII

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 XXII it shall be open for adherence by
non-signatory States and Member Organisations 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 Organisation of FAO becomes a Contracting Party to this Convention, the Member Organisation
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 Organisation of FAO that is a Contracting Party to this Convention to provide
information as to which, as between the Member Organisation and its Member States, is responsible for the implemen-
tation of any particular matter covered by this Convention. The Member Organisation shall provide this information
within a reasonable time.

Article XVIII

Non-Contracting Parties

The Contracting Parties shall encourage any State or Member Organisation 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.

The authentic languages of this 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:

(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);

(c)

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

(d) notes giving bibliographical data and a short summary of relevant documents on information provided according to

Article VIII(1)(a);

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(e) requests for information from contact points as well as replies to such requests, but not including any attached

documents;

(f) 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 international organisations, with the
objective of facilitating the implementation of this Convention.

Article XXI

Amendment

Any proposal by a Contracting Party for the amendment of this Convention shall be communicated to the Director-

1.
General of FAO.

2.
Any proposed amendment of this Convention received by the Director-General of FAO from a Contracting Party
if the amendment involves
shall be presented to a regular or special session of the Commission for approval and,
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 30th day after acceptance by two-thirds of the Contracting Parties. For the purpose of this Article,
an instrument deposited by a Member Organisation of FAO shall not be counted as additional to those deposited by
Member States of such an organisation.

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 30th 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 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 90 days after their notification to
the Contracting Parties by the Secretary.

7.
For a period of not more than 12 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 Organisation of FAO ratifying or adhering thereafter from the date of deposit of its
instrument of ratification or adherence.

Article XXIII

Denunciation

Any Contracting Party may at any time give notice of denunciation of this Convention by notification addressed to

1.
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.

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Official Journal of the European Union

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ANNEX TO ANNEX I

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Official Journal of the European Union

14.8.2004

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Official Journal of the European Union

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ANNEX II

Declaration by the European Community on the exercise of competence according to Article XVII(3) of the
International Plant Protection Convention

In accordance with the provisions of Article II(7) of the FAO Constitution, the European Community hereby declares that
its declaration of competence submitted to FAO under Article II(5) of the FAO Constitution still applies in the light of its
adherence to the International Plant Protection Convention.