International Plant Protection Convention in United States

International Plant Protection Convention

Rome, 6 December 1951

PREAMBLE

The contracting Governments, recognizing the usefulness of
international co-operation in controlling pests and diseases of plants
and plant products and in preventing their introduction and spread
across national boundaries, and desiring to ensure close co-ordination
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 introduction and spread of pests and diseases of plants and plant
products and to promote measures for their control, the contracting
Governments undertake to adopt the legislative, technical and
administrative measures specified in this Convention and in
supplementary agreements pursuant to Article III.

2. Each contracting Government shall assume responsibility for the
fulfilment within its territories of all requirements under this
Convention.

Article II

SCOPE

1. For the purposes of this Convention the term “plant” 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 Governments; and the term “plant products”
shall comprise unmanufactured and milled material of plant origin,
including seeds in so far as they are not included in the term
“plants”.

2. The provisions of this Convention may be deemed by contracting
Governments to extend to storage places, containers, conveyances,
packing material and accompanying media of all sorts including soil
involved in the international transportation of plants and plant
products.

3. This Convention shall have particular reference to pests and
diseases of importance to international trade.

Article III

SUPPLEMENTARY AGREEMENTS

1. Supplementary agreements applicable to specific regions, to specific
pests and diseases, 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 Government 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 Government after acceptance in accordance with the
provisions of the FAO Constitution and Rules of Procedure.

Article IV

NATIONAL ORGANIZATION FOR PLANT PROTECTION

1. Each contracting Government 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 and in transportation
particularly with the object of reporting the existence, outbreak and
spread of plant diseases and pests and of controlling those pests and
diseases;

(ii) the inspection of consignments of plants and plant products
moving in international traffic and, as far as practicable, the
inspection of consignments of other articles or commodities moving in
international traffic under conditions where they may act incidentally
as carriers of pests and diseases 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 and
diseases of plants and plant products;

(iii) the disinfestation or disinfection of consignments of
plants and plant products moving in international traffic, and their
containers, storage places, or transportation facilities of all kinds
employed;

(iv) the issue 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 and diseases 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 Government 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 Governments.

Article V

PHYTOSANITARY CERTIFICATES

1. Each contracting Government shall make arrangements for the issue
of phytosanitary certificates to accord with the plant protection
regulations of other contracting Governments, and in conformity with
the following provisions:

a) Inspection shall be carried out and certificate 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 covering materials intended for planting or
propagation shall be as worded in the Annex to this Convention and
shall include such additional declarations as may be required by the
importing country. The model certificate may also be used for other
plants or plant products where appropriate and not inconsistent with
the requirements of the importing country.

c) The certificates shall bear no alterations or erasures.

2. Each contracting Government undertakes not to require consignments
of plants intended for planting or propagation imported into its
territories to be accompanied by phytosanitary certificates
inconsistent with the model set out in the Annex to this Convention.

Article VI

REQUIREMENTS IN RELATION TO IMPORTS

1. With the aim of preventing the introduction of diseases and pests
of plants into their territories, contracting Governments 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, or require such consignments to be treated or
destroyed.

2. In order to minimize interference with international trade, each
contracting Government undertakes to carry out the provisions referred
to in paragraph 1 of this Article in conformity with the following:

a) Contracting Governments shall not, under this 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 Government 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 the plant protection services of
other contracting Governments and to FAO.

c) If a contracting Government prohibits, under the provisions of its
plant protection legislation, the importation of any plants or plant
products, it shall publish its decision with reasons and shall
immediately inform the plant protection services of other contracting
Governments and FAO.

d) If a contracting Government requires consignment of particular
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 Government shall publish a list
of such points of entry and communicate it to the plant protection
services of other contracting Governments and to FAO. 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 service of a contracting
Government of consignments of plants offered for importation shall take
place as promptly as possible with due regard to the perishability of
the plants concerned. If any consignment is found not to conform to the
requirements of the plant protection legislation of the importing
country, the plant protection service of the exporting country shall
be informed. If the consignment is destroyed, in whole or in part, an
official report shall be forwarded immediately to the plant protection
service of the exporting country.

f) Contracting Governments shall make provisions which, without
endangering their own plant production, will reduce to a minimum the
number of cases in which a phytosanitary certificate is required on the
entry of plants or plant products not intended for planting, such as
cereals, fruits, vegetables and cut flowers.

g) Contracting Governments may make provision for the importation for
purposes of scientific research of plants and plant products and of
specimens of plant pests and disease-causing organisms under conditions
affording ample precaution against the risk of spreading plant diseases
and pests.

3. The measures specified in this Article shall not be applied to goods
in transit throughout the territories of contracting Governments unless
such measures are necessary for the protection of their own plants.

Article VII

INTERNATIONAL CO-OPERATION

The contracting Governments shall co-operate with one another to the
fullest practicable extent in achieving the aims of this Convention,
in particular as follows:

a) Each contracting Government agrees to co-operate with FAO in the
establishment of a world reporting service on plant diseases and 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 the following information:

(i) reports on the occurrence, outbreak and spread of
economically important pests and diseases of plants and plant products
which may be of immediate or potential danger;

(ii) information on means found to be effective in controlling
the pests and diseases of plants and plant products.

b) Each contracting Government shall, as far as is practicable,
participate in any special campaigns for combating particular
destructive pests or diseases which may seriously threaten crop
production and need international action to meet the emergencies.

Article VIII

REGIONAL PLANT PROTECTION ORGANIZATION

1. The contracting Governments undertake to co-operate with one another
in establishing regional plant protection organizations in appropriate
areas.

2. The regional plant protection organizations shall function as the
co-ordinating bodies in the areas covered and shall participate in
various activities to achieve the objectives of this Convention.

Article IX

SETTLEMENT OF DISPUTES

1. If there is any dispute regarding the interpretation or application
of this Convention, or if a contracting Government considers that any
action by another contracting Government 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, taking into account all documents and
other forms of evidence submitted by the Governments concerned. This
committee shall submit a report to the Director-General of FAO who
shall transmit it to the Governments concerned, and to other
contracting Governments.

3. The contracting Governments 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
Governments, 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 Government 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 Government 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
Governments of any declaration received under this Article.

Article XII

RATIFICATION AND ADHERENCE

1. This Convention shall be open for signature by all Governments 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 Governments.

2. As soon as this Convention has come into force in accordance with
Article XIV, it shall be open for adherence by non-signatory
Governments. 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 Governments.

Article XIII

AMENDMENT

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

2. Any proposal amendment of this Convention received by the Director-
General of FAO from a contracting Government 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 Governments, 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 Governments 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 amendment 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
Governments. Amendments involving new obligations for contracting
Governments, however, shall come into force in respect of each
contracting Government 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 with the Director-General of FAO, who
shall inform all contracting Governments of the receipt of acceptances
and the entry into force of amendments.

Article XV

DENUNCIATION

1. Any contracting Government may at any time give notice of
denunciation of this Convention by notification addresed to the
Director-General of FAO. The Director-General shall at once inform all
signatory and adhering Governments.

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

Done at Rome, Italy on the sixth day of December, one thousand nine
hundred and fifty-one, in a single copy in the English, French and
Spanish languages, each of which shall be of equal authenticity. The
document shall be deposited in the archives of the Food and Agriculture
Organization of the United Nations. Certified copies shall be
transmitted by the Director-General of the Food and Agriculture to each
signatory and adhering Government.

In Witness Whereof the undersigned duly authorized to that effect, have
signed this Convention on behalf of their respective Governments on the
dates appearing opposite their signatures.

ANNEX

Model Phytosanitary Certificate

Plant Protection Service of ………………………..

No. ……………………………………………..

This is to certify that the plants, parts of plants or plant products
described below or representative samples of them were thoroughly
examined on (date) ………………….

by (name) ……………………
an authorized officer of the (service) ……………….

………………………………………………….

and were found to the best of his knowledge to be substantially free
from injurious diseases and pests, and that the consignment is believed
to conform with the current phytosanitary regulations of the importing
country both as stated in the additional declaration hereon and
otherwise.
______________________________________________________________
Fumigation or disinfection treatment (if required by importing
country):

Date ……………………………..

Duration of exposure ……………….

Treatment …………………………

Chemical and concentration ………….

………………………………….
________________________________________
Additional declaration

…………..19 ….

…………………
(Signature)

…………………
(Rank)

(Stamp of
the Service)

Description of the Consignment

Name and address of exporter: …………………………..

Name and address of consignee: ………………………….

Number and description of packages: ……………………..

Distinguishing marks: ………………………………….

Origin (if required by importing country):

……………………………………………………..

Means of conveyance: …………………………………..

Point of entry: ……………………………………….

Quantity and name of produce: …………………………..

Botanical name (if required by importing country):

……………………………………………………..