International Plant Protection Convention 3

International Plant Protection 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.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

Mentioned in these Entries

International Plant Protection Convention, Settlement of Disputes, country.


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