Convention for the Establishment of the European and Mediterranean Plant Protection Organization in United States

Convention for the Establishment of the European and Mediterranean Plant Protection Organization

of 18 April 1951, as amended by the Council on 27 April 1955

Paris, 27 April 1955

The Governments parties to the present Convention, being conscious of
the importance of international co-operation in the prevention of the
introduction and spread of pests and disease of plants and plant
products, and desiring to continue and extend the work formerly done
in this field by the International Committee for the Control of the
Colorado Beetle and by the European Working Party or Infestation
Control, have agreed as follows:

Article I

ORGANIZATION

There shall be established a European and Mediterranean Plant
Protection Organization (hereinafter referred to as the Organization),
which takes over the assets and liabilities of the above mentioned
Committee and Working Party.

Article II

DEFINITION

For the purpose of the present Convention the term “plants and plant
products” means “living plants and parts of plants unmanufactured
materials of plant origin, and food products milled from plants and
parts of plants”.

Article III

MEMBERSHIP

a) Membership of the Organization shall be open to the following by
adherence to the present Convention according to the provisions of
Article XX:

l. the Governments of the countries in Schedule III

2. the Government of any other country which the Council of the
Organization may decide to invite to become a member

b) The Government of any territory about which a declaration has been
made under the terms of Article XXI may be admitted to membership by
the Council of the Organization, but only on the proposal of the Member
who made the declaration. Any such decision shall require a two-thirds
majority of the votes cast. Territories so admitted shall be such as
can in the opinion of the Council make a definite and individual
contribution to the work of the Organization.

Article IV

SEAT

a) The seat of the Organization shall be in Paris.

b) Meetings of the Organization shall normally take place at its seat.

Article V

FUNCTIONS

a) The functions of the Organization shall be:

1) to act, in agreement with the Food and Agriculture
Organization of the United Nations, as a recognised regional plant
protection organisation under Article VIII of the International Plant
Protection Convention of 6 December 1951;

2) to advise Member Governments on the technical, administrative and
legislative measures necessary to prevent the introduction and spread
of pests and diseases of plants and plant products;

3) to assist Member Governments where necessary in carrying out such
measures;

4) where practicable, to co-ordinate and stimulate international
campaigns against pests and diseases of plants and plant products;

5) to obtain information from Member Governments on the existence,
outbreak and spread of pests and diseases of plants and plant products,
and convey such information to Member Governments;

6) to provide for the exchange of information on national phytosanitary
legislation, or other measures affecting the free movements of plants
and plant products;

7) to study the possibility of simplification and unification of
phytosanitary regulations and certificates;

8) to facilitate co-operation in research on the pests and diseases of
plants and plant products and the methods of control and in the
exchange of relevant scientific information;

9) to establish a documentation service and publish in an appropriate
form material for publicity purposes or for technical or scientific
advancement as may be determined by the
Organization;

10) to make recommendations to Member Governments or any of the matters
referred to in this Article;

11) generally to take all necessary and appropriate action to achieve
the purposes of the Organization.

b) The functions of the Organization shall be related principally but
not exclusively to the pests and diseases specified in Schedule II.

Article VI

OBLIGATIONS OF MEMBER GOVERNMENTS

Member Governments shall furnish to the Organization so far as is
practicable such information as the Organization may reasonably require
in order to carry out its functions.

Article VII

RELATIONSHIP WITH OTHER ORGANIZATIONS

The Organization shall co-operate with the Food and Agriculture
Organization of the United Nations and with other bodies with related
responsibilities and shall use its best endeavours to prevent
overlapping of activities.

Article VIII

STRUCTURE OF THE ORGANIZATION

The Organization shall consist of:

a) the Council;

b) the administration, comprising the Executive Committee, the
Director-General and the staff;

c) the Accounts Veritification Panel;

d) the technical bodies (working parties and international
conferences).

Article IX

THE COUNCIL

a) The Council of the Organization shall consist of
representatives of Member Governments.

Each Member Government shall be entitled to appoint one
representative to the Council and one alternate.

Representatives and alternates appointed by Member Governments may be
accompanied by associates and advisers.

b) Each Member Government shall have one vote in the Council.

Article X

SESSIONS OF THE COUNCIL

a) The Council shall ordinarily meet in regular session once in each
year.

b) Extraordinary sessions of the Council shall be called at any time
when the Chairman is so requested in writing by at least one third of
the Member Governments.

Article XI

RULES

The Council shall establish its Rules of Procedure and the financial
Rules of the Organization.

Article XII

OBSERVERS

With the consent of the Council, any nonmember Government and any
international body whose responsibilities are related to those of the
Organization may be represented at any session of the Council by one
or more observers without the right to vote.

Article XIII

FUNCTIONS OF THE COUNCIL

The Council shall:

a) consider and decide upon the progress report of the
Director-General on the work of the Organization since the preceding
regular session of the Council;

b) consider and approve the policies and programme of activity of the
Organization;

c) consider and approve the budget;

d) consider and approve the annual accounts and balance-sheet;

e) set up the ad hoc or permanent technical bodies;

f) consider and decide upon the reports of such technical bodies;

g) hold the statutory elections;

h) appoint the Director-General on such terms as it may determine;

i) decide upon any proposals submitted by the Executive Committee.

Article XIV

THE CHAIRMAN AND VICE-CHAIRMAN

a) The Council shall elect a Chairman and a Vice-Chairman from amongst
representatives of Member Governments serving on the Executive
Committee.

b) The Chairman and Vice-Chairman shall be elected for three years or
the remainder of their current term on the Executive Committee
(whichever is the shorter) and be eligible for reelection if that term
should be renewed.

c) The Chairman and Vice-Chairman shall serve in the same capacity
within both the Council and the Executive Committee.

Article XV

THE EXECUTIVE COMMITTEE

a) The Executive Committee shall be composed of the Chairman and Vice-
Chairman and of seven other representatives of Member Governments
elected by the Council.

b) Members of the Executive Committee shall normally hold office for
three years and be eligible for re-election.

c) If a vacancy occurs in the Executive Committee before the expiration
of the term of appointment, the Executive Committee shall ask a Member
Government to appoint a representative to fill the vacancy for the
remainder of the term.

d) The Executive Committee shall meet at least twice a year.

Article XVI

FUNCTIONS OF THE EXECUTIVE COMMITTEE

The Executive Committee shall:

a) submit proposal for the Organization’s policies and programme of
activity to the Council;

b) ensure that the activity of the Organization conforms with the
decisions of the Council;

c) submit the draft budget and the annual accounts and the balance-
sheet to the Council; the Executive Committee may approve a provisional
budget pending its consideration by the Council;

d) undertake such other tasks as may be assigned to it under this
Convention or entrusted to it by the Council;

e) adopt its own procedure.

Article XVII

THE DIRECTOR-GENERAL

The Director-General shall:

a) be the head of the secretariat of the Organization, which functions
under his responsibility;

b) carry out the programme approved by the Council and such task as may
be entrusted to him by the Executive Committee;

c ) report at each regular session of the Council on the activity of
the Organization and the financial position.

Article XVIII

FINANCE

a) The expenditure of the Organization shall be met by annual
contributions from Member Governments according to the scale specified
in Schedule 1, and by such other receipts as may be approved by the
Council or the Executive Committee,

b) Each Member Government shall determine the amount of its
contribution, which shall be in accordance with the provisions of the
foregoing paragraph save in exceptional cases approved by the Council,

c) Annual contributions shall be payable at the beginning of the
Organization’s financial year.

d) The contributions of Member Governments shall be paid in currencies
to be determined by the Executive Committee with the approval of the
contributing Governments concerned.

e) Supplementary contributions may be paid by an individual Government
or group of Governments towards special schemes or campaigns of
control, which the Organization may carry out in the interest of that
Government or group of Governments.

f) An Accounts Verification Panel composed of representatives of three
Member Governments elected by the Council for three years shall each
year examine the accounts and the management of the Organization. The
Panel shall report to the Council. The Executive Committee may appoint
chartered accountants to audit the accounts of the Organization.

Article XIX

AMENDMENTS

a) Texts of proposed amendments to the present Convention and to
Schedules I and II thereto shall be communicated by the Director-
General to Member Governments at least three months in advance of their
consideration by the Council.

b) Amendments to the Convention shall come into effect when adopted by
a two thirds majority of the members of the Council present and voting,
provided that amendments involving new obligations for Member
Governments shall come into force in respect of each such Government
only on acceptance by it.

c) Amendments to Schedules I and II shall be made by a majority of
members present and voting.

d) Acceptance of amendments shall be deposited with the French
Government who shall inform all Member Governments of the receipt of
acceptance and the entry into force of amendments.

Article XX

SIGNATURE AND ACCEPTANCE

a) The present Convention shall remain open for signature or acceptance
and Governments to which membership of the Organization is open by
virtue of the provisions of Article III may become parties to the
Convention by:

1) Signature;

2) Signature subject to ratification

4) Acceptance.

b) Acceptance shall be effected by the deposit of an instrument with
the French Government.

c) The French Government shall immediately inform all Governments of
the date on which each has signed or accepted the Convention.

Article XXI

TERRITORIAL APPLICATION

a) Any Government may at any time declare that its participation in the
Convention includes all or any of the territories for whose
international relations it is responsible. Such declaration shall be
deposited with the French Government.

b) Any declaration made by a Government under the preceding paragraph
shall take effect on the thirtieth day following its receipt by the
French Government.

c) The French Government shall immediately inform all Governments
parties to the Convention of declarations made under this Article.

Article XXII

WITHDRAWAL

a) Any Member Government may at any time after two years of membership
withdraw from this Convention by giving written notice of withdrawal
to the French Government. The withdrawal shall take effect one year
from the date of receipt of the notification.

b) The non-payment of two consecutive annual contributions shall under
normal conditions imply the withdrawal from the Convention of the
defaulting Member Government.

c) The application of the Convention to a territory or territories
under Article XXI may be terminated by written notificaion to the
French Government by the participating Government responsible for the
international relations of such territory or territories. The
notification shall take effect a year from the date of its receipt.

d) The French Government shall immediately inform all participating
Governments of notification given under this Article.

Article XXIII

ENTRY INTO FORCE

a) The present Convention shall enter into force on the date on which
five Governments have become parties thereto in accordance with the
provisions of Article XX.

b) The French Government shall immediately inform all Governments which
have signed or accepted the Convention of the date of entry into force
of the Convention.

In faith whereof the undersigned, duly authorised by their
Governments, have signed the present Convention and Schedules thereto.

Done in Paris this 18th day of April 1951 in a single copy, which will
remain deposited in the archives of the French Government.

SCHEDULES

PESTS AND DISEASES TO BE GIVEN SPECIAL ATTENTION BY THE
ORGANIZATION

with the dates of their inclusion in the Schedule (see Article V (b))

1. Colorado beetle (Leptinotarsa decemlineata) 1951

2. Potato root eelworm (Heterodera rostochiensis) 1951

3. San Jose scale (Aspidiotus perniciosus) 1951

4. Potato wart disease (Synchytrium endobioticum) 1951

5. Insect, fungus and rodent pests of stored foods, and rodent pests
of crops (hitherto the concern of the European Working Party on
Infestation Control) 1951

6. Fall webworm (Hyphantria cunea) 1952