REVISED TEXT
OF THE INTERNATIONAL PLANT PROTECTION CONVENTION
(Rome, 28.XI.1979)
Preamble
The contracting parties, recognizing the usefulness of
international cooperation in controlling pests of plants and plant
products and in preventing their spread, and especially their
introduction across national boundaries, and desiring to ensure
close coordination of measures directed to these ends, 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 measures for their control, the
contracting parties undertake to adopt the legislative, technical
and administrative measures specific in this Convention and in
supplementary agreements pursuant to Article III.
2. Each contracting party shall assume responsibility for the
fulfillment within its territories of all requirements under this
Convention.
Article II
Scope
1. For the purpose of this Convention the term "plants" shall
comprise living plants and parts thereof, including seeds in so
far as the supervision of their importation under Article VI of
the Convention or the issue of phytosanitary certificates in
respect of them under Articles IV (1) (a) (iv) and V of this
Convention may be deemed necessary by contracting parties; and the
term "plant products" shall comprise unmanufactured material of
plant origin (including seeds in so far as they are not included
in the term "plants") and those manufactured products which, by
their nature or that of their processing, may create a risk for
the spread of pests.
2. For the purposes of this Convention, the term "pest" means
any form of plant or animal life, or any pathogenic agent,
injurious or potentially injurious to plants or plant products;
and the term "quarantine pest" means a pest of potential national
economic importance to the country endangered thereby and not yet
present there, or present but not widely distributed and being
actively controlled.
3. Where appropriate, the provisions of this Convention may be
deemed by contracting parties to extend to storage places,
conveyances, containers and any other object or material capable
of harbouring or spreading plant pests, particularly where
international transportation is involved.
4. This Convention applies mainly to quarantine pests involved
with international trade.
5. 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 or
contracting parties.
Article III
Supplementary Agreements
1. Supplementary agreements 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 supplementing the provisions of this
Convention, may be proposed by the Food and Agriculture
Organization of the United Nations (hereinafter referred to as
"FAO") on the recommendation of a contracting party or on its own
initiative, to meet special problems of plant protection which
need particular attention or action.
2. Any such supplementary agreements shall come into force for
each contracting party after acceptance in accordance with the
provisions of the FAO Constitution and General Rules of the
Organization.
Article IV
National Organization for Plant Protection
1. Each contracting party shall make provision, as soon as
possible and to the best of its ability, for
(a) an official plant protection organization with the
following main functions:
(i) the inspection of growing plants, of areas under
cultivation (including fields, plantations, nurseries, gardens
and greenhouses), and of plants and plant products in storage
or in transportation, particularly with the object of
reporting the existence, outbreak and spread of plant pests
and of controlling those pests;
(ii) the inspection of consignments of plants and plant
products moving in international traffic, and, where
appropriate, the inspection of consignments of other articles
or commodities moving in international traffic under
conditions where they may act incidentally as carriers of
pests of plants and plant products, and the inspection and
supervision of storage and transportation facilities of all
kinds involved in international traffic whether of plants and
plant products or of other commodities, particularly with the
object of preventing the dissemination across national
boundaries of pests of plants and plant products;
(iii) the disinfestation or disinfection of consignments
of plants and plant products moving in international traffic,
and their containers (including packing material or matter of
any kind accompanying plants or plant products), storage
places, or transportation facilities of all kinds employed;
(iv) the issuance of certificates relating to
phytosanitary condition and origin of consignments of plants
and plant products (hereinafter referred to as "phytosanitary
certificates");
(b) the distribution of information within the country
regarding the pests of plants and plant products and the means of
their prevention and control;
(c) research and investigation in the field of plant
protection.
2. Each contracting party shall submit a description of the
scope of its national organization for plant protection and of
changes in such organization to the Director-General of FAO, who
shall circulate such information to all contracting parties.
Article V
Phytosanitary Certificates
1. Each contracting party shall make arrangements for the
issuance of phytosanitary certificates to accord with the plant
protection regulations of other contracting parties, and in
conformity with the following provisions:
(a) Inspection shall be carried out and certificates issued
only by or under the authority of technically qualified and duly
authorized officers and in such circumstances and with such
knowledge and information available to those officers that the
authorities of importing countries may accept such certificates
with confidence as dependable documents.
(b) Each certificate for the export or re-export of plants or
plant products shall be as worded in the Annex to this Convention.
(c) Uncertified alterations or erasures shall invalidate the
certificates.
2. Each contracting party undertakes not to require
consignments of plants or plant products imported into its
territories to be accompanied by phytosanitary certificates
inconsistent with the models set out in the Annex to this
Convention. Any requirement for additional declarations shall be
kept to a minimum.
Article VI
Requirements in Relation to Imports
1. With the aim of preventing the introduction of pests of
plants and plant products into their territories, contracting
parties shall have full authority to regulate the entry of plants
and plant products and to this end, may:
(a) prescribe restrictions or requirements concerning the
importation of plants or plant products;
(b) prohibit the importation of particular plants or plant
products, or of particular consignments of plants or plant
products;
(c) inspect or detain particular consignments of plants or
plant products;
(d) treat, destroy or refuse entry to particular consignments
of plants or plant products which do not comply with the
requirements prescribed under sub-paragraph (a) or (b) of this
paragraph, or require such consignments to be treated or destroyed
or removed from the country;
(e) list pests whose introduction is prohibited or restricted
because they are of potential economic importance to the country
concerned.
2. In order to minimize interference with international trade,
each contracting party undertakes to carry out the provisions
referred to in paragraph 1 of this Article in conformity with the
following:
(a) Contracting parties shall not, under their plant
protection legislation, take any of the measures specified in
paragraph 1 of this Article unless such measures are made
necessary by phytosanitary considerations.
(b) if a contracting party prescribes any restrictions or
requirements concerning the importation of plants and plant
products into its territories, it shall publish the restrictions
or requirements and communicate them immediately to FAO, any
regional plant protection organization of which the contracting
party is a member and all ocher contracting parties directly
concerned.
(c) If a contracting party prohibits, under the provisions of
its plant protection legislation, the importation of any plants or
plant product, it shall publish its decision with reasons and
shall immediately inform FAO, any regional plant protection
organization of which the contracting party is a member and all
other contracting parties directly concerned.
(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
unnecessarily to impede international commerce. The contracting
party shall publish a list of such points of entry and communicate
it to FAO, any regional plant protection organization of which the
contracting party is a member and all other contracting parties
directly concerned. Such restrictions on points of entry shall not
be made unless the plants or plant products concerned are required
to be accompanied by phytosanitary certificates or to be submitted
to inspection or treatment.
(e) Any inspection by the plant protection organization of a
contracting party of consignments of plants or plant products
offered for importation shall take place as promptly as possible
with due regard to the perishability of the plants or plant
products concerned. If any commercial or certified consignment of
plants or plant products is found not to conform to the
requirements of the plant protection legislation of the importing
country, the plant protection organization of the importing
country must ensure that the plant protection organization of the
exporting country is properly and adequately informed. If the
consignment is destroyed, in whole or in part, an official report
shall be forwarded immediately to the plant protection
organization of the exporting country.
(f) Contracting parties shall make provisions which, without
endangering their own plant production, will keep certification
requirements to a minimum, particularly for plants or plant
products not intended for planting, such as cereals, fruits,
vegetables and cut flowers.
(g) Contracting parties may make provisions, with adequate
safeguards, for the importation for purposes of scientific
research or education, of plants and plant products and of
specimens of plant pests. Adequate safeguards likewise need to be
taken when introducing biological control agents and organisms
claimed to be beneficial.
3. The measures specified in this Article shall not be applied
to goods in transit throughout the territories of contracting
parties unless such measures are necessary for the protection of
their own plants.
4. FAO shall disseminate information received on importation
restrictions, requirements, prohibitions and regulations (as
specified in paragraph 2 (b), (c) and (d) of this Article) at
frequent intervals to all contracting parties and regional plant
protection organizations.
Article VII
International Cooperation
The contracting parties shall cooperate with one another to
the fullest practicable extent in achieving the aims of this
Convention, in particular as follows:
(a) Each contracting party agrees to cooperate with FAO in the
establishment of a world reporting service on plant pests, making
full use of the facilities and services of existing organizations
for this purpose, and, when this is established, to furnish to FAO
periodically, for distribution by FAO to the contracting parties,
the following information:
(i) reports on the existence, outbreak and spread of
economically important pests of plants and plane products
which may be of immediate or potential danger;
(ii) information on means found to be effective in
controlling the pests of plants and plant products.
(b) Each contracting party shall, as far as is practicable,
participate in any special campaigns for combating particular
destructive pests which may seriously threaten crop production and
need international action to meet the emergencies.
Article VIII
Regional Plant Protection Organizations
1. The contracting parties undertake to cooperate with one
another in establishing regional plant protection organizations in
appropriate areas.
2. The regional plant protection organizations shall function
as the coordinating bodies in the areas covered, shall participate
in various activities to achieve the objectives of this Convention
and, where appropriate, shall gather and disseminate information.
Article IX
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
VI of this Convention, especially regarding the basis of
prohibiting or restricting the imports of plants or plant products
coming from its territories, the Government or Governments
concerned may request the Director-General of FAO to appoint a
committee to consider the question in dispute.
2. The Director-General of FAO shall thereupon, after
consultation with the Governments concerned, appoint a committee
of experts which shall include representatives of those
Governments. This committee shall consider the question in
dispute, caking into account all documents and other forms of
evidence submitted by the Governments concerned. This committee
shall submit a report co the Director-General of FAO, who shall
transmit it to the Governments concerned and to the Governments of
other contracting parties.
3. 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 Governments concerned of
the matter out of which the disagreement arose.
4. The Governments concerned shall share equally the expenses
of the experts.
Article X
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 XI
Territorial Application
1. Any State may at the time of ratification or adherence or
at any time thereafter communicate to the Director-General of FAO
a declaration that this Convention shall extend to all or any of
the territories for the international relations of which it is
responsible, and this Convention shall be applicable to all
territories specified in the declaration as from the thirtieth day
after the receipt of the declaration by the Director-General.
2. Any State which has communicated to the Director-General of
FAO a declaration in accordance with paragraph 1 of this Article
may at any time communicate a further declaration modifying the
scope of any former declaration or terminating the application of
the provisions of the present Convention in respect of any
territory. Such modification or termination shall take effect as
from the thirtieth day after the receipt of the declaration by the
Director-General.
3. The Director-General of FAO shall inform all signatory and
adhering States of any declaration received under this Article.
Article XII
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 XIV, it shall be open for adherence by
non-signatory States. Adherence shall be effected by the deposit
of an instrument of adherence with the Director-General of FAO,
who shall notify all signatory and adhering States.
Article XIII
Amendment
1. Any proposal by a contracting party for the amendment of
this Convention shall be communicated to the Director-General of
FAO.
2. Any proposed amendment of this Convention received by the
Director-General of FAO from a contracting party shall be
presented to a regular or special session of the Conference of FAO
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 Conference.
3. Notice of any proposed amendment of this Convention 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 Conference at which the matter is to be considered is
dispatched.
4. Any such proposed admendment of this Convention shall
require the approval of the Conference of FAO and shall come into
force as from the thirtieth day after acceptance by two-thirds of
the contracting parties. 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.
5. The instruments of acceptance of amendments involving new
obligations shall be deposited such the Director-General of FAO,
who shall inform all contracting parties of the receipt of
acceptances and the entry into force of amendments.
Article XIV
Entry into Force
As soon as this Convention has been ratified by three
signatory States it shall come into force between them. It shall
come into force for each State ratifying or adhering thereafter
from the date of deposit of its instrument of ratification or
adherence.
Article XV
Denunciation
1. Any contracting party may at any time give notice of
denunciation of this Convention by notification addressed to the
Director-General of FAO. The Director-General shall at once inform
all signatory and adhering States.
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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