Plant Protection Agreement for the South East Asia and Pacific Region in United States

Plant Protection Agreement for the South East Asia and Pacific Region

Rome, 27 February 1956

The Contracting Governments, desiring to prevent, through
concerted action, the introduction into and spread within the
South East Asia and Pacific Region of destructive plant diseases
and pests, have concluded the following Agreement, which is a
supplementary agreement under Article III of the International
Plant Protection Convention of 1951:

Article I

DEFINITIONS

In this Agreement and in the appendices hereto, the following
terms shall have the meaning hereby assigned to them, save as
otherwise provided:

a) The South East Asia and Pacific Region, hereinafter called “The
Region,” comprises the territories in South East Asia east of the
western border of Pakistan and south of the Himalayas, the
southern border of China and the northern border of the
Philippines, and all those territories in the Pacific Ocean, the
South China Sea and the Indian Ocean situated wholly or partly in
the area bounded by longitudes 100 deg East and 165 deg West and
latitudes 15 deg North and 20 deg South, but excluding Australia;

b) “plant” or “plants” means all species of plants or parts
thereof, whether living or dead (including stems, branches,
tubers, bulbs, corms, stocks, budwood, cuttings, layers, slips,
suckers, roots, leaves. flowers, fruits, seeds and any other parts
of plants);

c) “territory” means a State or Territory within the Region
defined in (a) above;

d) “the Organization” means the Food and Agriculture Organization
of the United Nations.

e) “the Committee” means the Plant Protection Committee for the
South East Asia and Pacific Region established in pursuance of
Article II of this Agreement.

Article II

REGIONAL COMMITTEE

1. The Contracting Governments hereby establish a regional
committee, to be known as the Plant Protection Committee for the
South East Asia and Pacific Region, whose functions shall include:

a) the determination of procedures and arrangements necessary for
the implementation of this Agreement and the making of
recommendations to the Contracting Governments accordingly;

b) the review of reports submitted by the Contracting Governments
of progress in the implementation of this Agreement;

c) the consideration of problems requiring co-operation on a
regional basis and of measures for mutual assistance.

2. Each Contracting Government shall be represented on the
Committee and shall have one vote. A majority of the Contracting
Governments shall constitute a quorum. Decisions of the Committee
shall be taken by a majority of the votes cast except as otherwise
provided in this Agreement.

3. The Committee shall meet whenever convened by the
Director-General of the Organization after consultation with the
Chairman of the Committee. The Director-General of the
Organization shall convene the committee at least once every two
years or when so requested by at least one third of the
Contracting Governments.

4. The Committee shall elect from amongst the delegates a Chairman
who shall serve for a period of two years or until the first
session of the Committee held after the expiration of the period
of two years. The Chairman shall be eligible for re-election.

5. Expenses incurred by delegates of Contracting Governments in
attending sessions of the Committee shall be determined and paid
by their respective Governments. The Director-General of the
Organization shall appoint and provide the secretariat of the
Committee from the staff of the Organization who shall serve only
during sessions of the Committee. The expenses of the secretariat
of the Committee shall be determined and paid by the Organization.

6. The Committee shall establish its own rules of procedure .

Article III

MEASURES REGARDING THE IMPORTATION OF PLANTS FROM OUTSIDE THE
REGION

For the purpose of preventing the introduction into its
territory or territories of destructive diseases and pests, and in
particular those listed in Appendix A to this Agreement, each
Contracting Government shall use its best endeavours to apply with
respect to the importation of any plants, including their packings
and containers, and any packings and containers of plant origin,
from anywhere outside the Region, such measures of prohibition,
certification, inspection, disinfection, disinfestation,
quarantine, destruction or other measures as may be recommended by
the Committee, taking into consideration the provisions of
Articles V and VI of the International Plant Protection
Convention.

Appendix A to this Agreement may be modified by a decision of
the Committee.

Article IV

MEASURES TO EXCLUDE SOUTH AMERICAN LEAF BLIGHT OF HEAVA FROM THE
REGION

In view of the importance of the Hevea rubber industry in the
Region, and of the danger of introducing the destructive South
American leaf blight (Dothidella ulei) of the Hevea rubber tree,
the Contracting Governments shall take the measures specified in
Appendix B to this Agreement. Appendix B to this agreement may be
modified by a decision of the Committee taken unanimously.

Article V

MEASURES REGARDING MOVEMENT OF PLANTS WITHIN THE REGION

For the purpose of preventing the spread within the Region of
destructive diseases and pests, each Contracting Government shall
use its best endeavours to apply, with respect to the importation
into its territory of any plants, including packings and
containers, and any packings and containers of plant origin, from
another territory within the Region, such measures or prohibition
certification, inspection, disinfection, disinfestation,
quarantine, destruction or other measures as may be recommended by
the Committee, in addition to measures already adopted by each
Contracting Government.

Article VI

GENERAL EXEMPTION

This Agreement shall not apply to the following plants and
plant products except insofar as any such plants or plant products
are explicitly made subject to specific measures of control
provided in this Agreement or recommended by the Committee:

a) any plants imported for food or for analytical, medicinal or
manufacturing purposes;

b) all seeds of annual, or biennial field crops or vegetables, and
all seeds or cut flowers of annual, biennial or perennial
ornamental plants which are essentially herbaceous in character;
and

c) any processed plant products.

Article VII

SETTLEMENT OF DISPUTES

If there be any dispute regarding the interpretation or
implementation of this Agreement, or regarding action taken by any
Contracting Government under this Agreement, and such dispute
cannot be resolved by the Committee, the Government or Governments
concerned may request the Director-General of the Organization to
appoint a committee of experts to consider such dispute.

Article VIII

RIGHTS AND OBLIGATIONS OF CONTRACTING GOVERNMENTS NOT PARTIES TO
THE INTERNATIONAL PLANT PROTECTION CONVENTION

Nothing in the International Plant Protection Convention shall
affect the rights and obligations of Contracting Governments which
are not parties to the Convention.

Article IX

AMENDMENT

1. Any proposal by a Contracting Government for the amendment of
this Agreement, except Appendices A and B, shall be communicated,
through the Committee, to the Director-General of the
Organization.

2. Any proposed amendment of this Agreement received by the
Director-General of the Organization shall be presented to a
session of the Council of the Organization for approval.

3. Notice of any proposed amendment of this Agreement shall be
transmitted to the Contracting Governments by the Director-General
of the Organization not later than the time when the agenda of the
session of the Council at which the matter is to be considered is
despatched.

4. Any such amendment of this Agreement approved by the Council of
the Organization, shall come into force with respect to all
Contracting Governments 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 amendment shall be deposited
with the Director-General of the Organization. The effective date
of acceptance shall be the date of such deposit. The
Director-General of the Organization shall inform all Contracting
Governments of the receipt of acceptances and the entry into force
of amendments.

Article X

SIGNATURE AND ADHERENCE

1. The Government of any State situated in the Region, or any
Government which is responsible for the international relations of
a territory or territories in the Region, may become a party to
this Agreement, by either

a) signature; or

b) signature subject to ratification followed by such
ratification; or

c) adherence.

Governments may not subject their signature, ratification or
adherence to any reservation.

2. This Agreement, the text of which was approved by the Council
of the Organization on 26 November 1955, shall be open for
signature until 30 June 1956 or until the date of its entry into
force in conformity with the provisions of Article XI, paragraph
I, whichever date is the later. The Director-General of the
Organization shall immediately inform all signatory Governments of
the signature of this Agreement by any other Government.
Ratification shall be effected by the deposit of an instrument of
ratification with the Director-General of the Organization and
shall become effective as from the date of deposit.

3. This Agreement shall be open for adherence as from I July 1965
or from the date of its entry into force in conformity with the
provisions of Article XI, paragraph I, whichever date is the
later. Adherence shall be effected by the deposit of an instrument
of adherence with the Director-General of the Organization and
shall become effective as from the date of deposit.

4. The Director-General of the Organization shall immediately
inform all signatory and adhering Governments of the deposit of an
instrument of ratification or of adherence.

Article XI

ENTRY INTO FORCE

1. This Agreement shall come into force as soon as three
Governments have become parties to it either by signature, or by
signature subject to ratification followed by such ratification.

2. The Director-General of the Organization shall notify all
signatory Governments of the date of entry into force of this
Agreement.

Article XII

DENUNCIATION AND TERMINATION

1. Any Contracting Government may, at any time after the
expiration of one year from the date on which it became a party to
the Agreement, or from the date on which the Agreement entered
into force, whichever is the later, denounce this Agreement by
notification addressed to the Director-General of the Organization
who shall at once inform all signatory and adhering Governments of
the denunciation.

2. The denunciation shall take effect one year from the date of
receipt of the notification by the Director-General of the
Organization.

3. This Agreement shall automatically be terminated should the
parties to it become fewer than three as the result of
denunciations.

APPENDIX A

DESTRUCTIVE PESTS AND DISEASES NOT YET ESTABLISHED IN THE
SOUTHEAST ASIA AND PACIFIC REGION

CACAO (Theobroma cacao)
Sahlbergella singularis Hagl.
Distantiella theobroma Dist.
Marasmius perniciosus Stahel
Monilia roreri Cif.
Trachysphaera fructigena
Tabor and Bunting
Virus
Virus diseases

CITRUS (Citrus spp.)
Anastrepha spp.,es. A. Iudens
(Loew.)
Deuterophoma tracheiphila
Petri

COCONUT (Cocos nucifera)
Pachymerus nucleorum (F).
Theraptus sp.
Aphelencoides cocophilus
(Cobb.) Goodey

COFFEE (Coffea spp.)

Antestia spp.
Leucoptera caffeella (Guer.)
Planococcus henyae
(Le Pelley)
Omphalia flavida Maubl and Rangel
Trachysphaera fructigena
Tabor and Bunting

COTTON (Gossypium spp.)

Anthonomous grandis Boh.
Anthonomus spp.
Diparopsis spp.
Phymatotrichum omnivorum
(Shear) Duggar
Virus

RUBBER (Hevea brasiliensis)

Dothidella ulei P. Henn

Pellicularia filamentosa (Pat.)
Rogers

Capsid
Capsid
Witches broom
Monilia pod rot
Trachysphaera pot rot

Swollen shoot

Mexican fruit fly

Mal Secco

(A Bruchid)
(A Coreid)
Red Ring disease

A Pentatomid bug
White coffee leat miner
A mealy bug

American leaf spot

Trachsyphaera fruit rot

Mexican cotton boll worm
Boll worms
Red boll worms
Texas root rot

Leaf curl

South American leaf blight
Target leaf spot

Known Distribution
West Africa, Belgian Congo
West Africa, Belgian Congo
West Indies, South America
South America

West Africa
Trinidad

Central America

Mediterranean region

New World
East Africa, Zanzibar
West Indies

Africa
New World, Africa
East and West Africa

Mexico, U.S.A., West Indies.
Central and South America
Africa

West Indies, Mexico, Central
America, Venezuela, U.S.A.
New World
Africa
Mexico, U.S.A.
Africa

Mexico, Central America,

Trinidad, South America
Central and South America

MAIZE (Zea mays)

Diatraea spp.

Puccinia polysora Underw.

OIL PALM (Elaeis guineensis)

Pachymerus lacerdae (Chevr.)
Pachymerus nucleorum ( F. )
Pimelephila ghesquierii Tams.
Fusarium oxysporum

POTATO (Solanum tuberosum)
Leptinotarsa decemlineata Say
Corynebacterium sepedonicum

RICE (Oryza sativa)

Diatraea spp.

Mormidea spp., esp. M. poecila
Dall
Virus

SUGAR CANE (Saccharum spp.)

Diatraea spp., esp. D. saccharalis (F.)

Dermolepida spp. Clemora smithi (Arr.)

SWEET POTATO (Ipomaea batatas)

Virus

Stalk borers

Polysora rust

(A Bruchid)
(A Bruchid)
(A Pyralid)
Fusarium Wilt

Colorado beetle
Bacterial ring rot

Stem or stalk borers

Pentatomid bugs

Rice dwarf

Stalk borers

White cane grubs
A white cane grub

Internal Cork

Southern U.S.A., Mexico
West Indies, Central America,
South America

Africa, Mexico, U.S.A.,
Central America, West Indies
South America

Nigeria

New World

West Africa

West Africa

New World, Europe

New World, Europe

Southern U.S.A., Mexico
West Indies, Central America,
South America

Central America, South
America

Japan

Southern U.S.A., Mexico,
West Indies, Central America.
South America

Queensland

Mauritius

U.S.A.

(This list is tentative and subject to revision by the Regional
Committee.)

APPENDIX B

MEASURES TO EXCLUDE SOUTH AMERICAN LEAF BLIGHT OF HEVEA FROM THE
REGION

1. In this Appendix:

a) “the American tropics” means those parts of the continent of
America, including adjacent islands, which are bounded by the
Tropic of Capricorn (latitude 23 1/2 deg S) and the Tropic of
Cancer (latitude 23 1/2 deg N) and the meridians of longitude 30
deg W and 120 deg W, and includes the part of Mexico north of the
Tropic of Cancer:

b) “Competent Authority” means the officer or Government
Department or other agency, which each Contracting Government
recognizes as its authority, for the purpose of this Appendix.

2. Each Contracting Government shall prohibit by law the
importation into its territory or territories of any plant or
plants of the genus Hevea from outside the Region, unless:

a) the importation is made for scientific purposes, and

b) written permission has been granted for each consignment of
plant or plants by the Competent Authority of the importing
territory or territories and the importation is in accordance with
such special conditions as may be imposed by the Competent
Authority in granting such permission, and

c) the plant or plants have been disinfected and freed of any
original soil in the country of origin in a manner acceptable to
the Competent Authority of the importing territory and are free
from pests and diseases, and each consignment of plant or plants
is accompanied or covered by a certificate to the effect that the
above requirements have been fulfilled, and signed by an
appropriate authority in the country of origin; and

d) each consignment is addressed to and is received by the
Competent Authority of the importing territory.

3. Each Contracting Government shall prohibit by law the
importation into its territory or territories of any plant or
plants of the genus Hevea capable of further growth or propagation
(excluding seed) from the American tropics or from any other
country in which South American leaf blight (Dothidella ulei) is
present, unless, in addition to the requirements of paragraph 2 of
this Appendix, at a place approved by the Competent Authority of
the importing territory and situated outside the Region and
outside the American tropics and any other country in which South
American leaf blight (Dothidella ulei) is present such plant or
plants have been grown for an adequate period at a plant
quarantine station for Hevea and each consignment of such plant or
plants is accompanied or covered by a certificate to the effect
that the above requirements have been fulfilled, and signed by the
officer-in-charge of such quarantine station.

4. Each Contracting Government shall prohibit by law the
importation into its territory or territories of any seed of any
plant of the genus Hevea from the American tropics or from any
other country in which South American leaf blight (Dothidella
ulei) is present, unless, in addition to the requirements of
paragraph 2 of this Appendix, such seed, having been examined and
again disinfected at a place approved by the Competent Authority
of the importing territory and situated outside the Region and
outside the American tropics and any other country in which South
American leaf blight (Dothidella ulei) is present, has been
repacked with new packing materials in new containers, and unless
each consignment of such seed is accompanied or covered by a
certificate to the effect that the above requirements have been
fulfilled, and signed by the officer-in-charge of these
operations.

5. Each Contracting Government shall prohibit by law the
importation into its territory or territories of any plant or
plants of the genus Hevea not capable of further growth or
propagation (such as fresh or dried herbarium specimens), unless
in addition to the requirements of sub-paragraphs (a), (b) and (d)
of paragraph 2 of this Appendix, the Competent Authority of the
importing country is satisfied that such plant or plants are
required for a legitimate special purpose and that such plant or
plants have been sterilized in the country of origin by a method
satisfactory to the said Competent Authority.

6. Each Contracting Government shall prohibit by law the
importation into its territory or territories of any plant or
plants, other than the genus Hevea. capable of further growth or
propagation and originating in the American tropics or in any
other country in which South American leaf blight (Dothidella
ulei) is present unless consignment of such plant or plants by the
Competent Authority of the importing territory or territories and
the importation is in accordance with such special conditions as
may be imposed by the Competent Authority in granting such
permission .

7. The Competent Authority of any territory or territories into
which any plant or plants of the genus Hevea are imported for
further growth or propagation shall ensure that such plant or
plants are grown under control for such period as will ensure that
such plant or plants are free from all pests and diseases before
they are released.
In Witness Whereof the undersigned, duly authorized to that
effect, have signed this Agreement on behalf of their respective
Governments on the dates appearing opposite their signatures.
Done at Rome on the twenty-seventh day of February one
thousand nine hundred and fifty-six in two copies in the English,
French and Spanish languages, which languages shall be equally
authoritative. The text of this Agreement shall be authenticated
by the Chairman of the Council of the Organization and the
Director-General of the Organization. After expiry of the period
during which the Agreement is open for signature, in accordance
with Article X, paragraph 2, one copy of the Agreement shall be
deposited with the Secretary-General of the United Nations and the
other in the archives of the Organization Additional copies of
this text shall be certified by the Director-General of the
Organization and furnished to all Governments parties to the
Agreement, with the indication of the date on which it has come
into force.