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Get a link from a document elementCONVENTION
Suggestion to the documentListen to audioGet a link from a document elementSuggestion to the documentListen to audioGet a link from a document elementInternational plant protection convention
Comments by LexUzSuggestion to the documentListen to audioGet a link from a document elementSuggestion to the documentListen to audioGet a link from a document elementPREAMBLE
Suggestion to the documentListen to audioGet a link from a document elementThe contracting parties,
Suggestion to the documentListen to audioGet a link from a document element- recognizing the necessity for international cooperation in controlling pests of plants and plant products and in preventing their international spread, and especially their introduction into endangered areas;
Suggestion to the documentListen to audioGet a link from a document element- recognizing that phytosanitary measures should be technically justified, transparent and should not be applied in such a way as to constitute either a means of arbitrary or unjustified discrimination or a disguised restriction, particularly on international trade;
Suggestion to the documentListen to audioGet a link from a document element- desiring to ensure close coordination of measures directed to these ends;
Suggestion to the documentListen to audioGet a link from a document element- desiring to provide a framework for the development and application of harmonized phytosanitary measures and the elaboration of international standards to that effect;
Suggestion to the documentListen to audioGet a link from a document element- taking into account internationally approved principles governing the protection of plant, human and animal health, and the environment; and
Suggestion to the documentListen to audioGet a link from a document element- noting the agreements concluded as a result of the Uruguay Round of Multilateral Trade Negotiations, including the Agreement on the Application of Sanitary and Phytosanitary Measures;
Suggestion to the documentListen to audioGet a link from a document elementhave agreed as follows:
Suggestion to the documentListen to audioGet a link from a document elementARTICLE I
Purpose and responsibility
Purpose and responsibility
Suggestion to the documentListen to audioGet a link from a document element1. 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 appropriate measures for their control, the contracting parties undertake to adopt the legislative, technical and administrative measures specified in this Convention and in supplementary agreements pursuant to Article XVI.
Suggestion to the documentListen to audioGet a link from a document element2. Each contracting party shall assume responsibility, without prejudice to obligations assumed under other international agreements, for the fulfilment within its territories of all requirements under this Convention.
Suggestion to the documentListen to audioGet a link from a document element3. The division of responsibilities for the fulfilment of the requirements of this Convention between member organizations of FAO and their member states that are contracting parties shall be in accordance with their respective competencies.
Suggestion to the documentListen to audioGet a link from a document element4. Where appropriate, the provisions of this Convention may be deemed by contracting parties to extend, in addition to plants and plant products, to storage places, packaging, conveyances, containers, soil and any other organism, object or material capable of harbouring or spreading plant pests, particularly where international transportation is involved.
Suggestion to the documentListen to audioGet a link from a document elementARTICLE II
Use of terms
Use of terms
Suggestion to the documentListen to audioGet a link from a document element1. For the purpose of this Convention, the following terms shall have the meanings hereunder assigned to them:
Suggestion to the documentListen to audioGet a link from a document element“Area of low pest prevalence” — an area, whether all of a country, part of a country, or all or parts of several countries, as identified by the competent authorities, in which a specific pest occurs at low levels and which is subject to effective surveillance, control or eradication measures;
Suggestion to the documentListen to audioGet a link from a document element“Commission” — the Commission on Phytosanitary Measures established under Article XI;
Suggestion to the documentListen to audioGet a link from a document element“Endangered area” — an area where ecological factors favour the establishment of a pest whose presence in the area will result in economically important loss;
Suggestion to the documentListen to audioGet a link from a document element“Establishment” — perpetuation, for the foreseeable future, of a pest within an area after entry;
Suggestion to the documentListen to audioGet a link from a document element“Harmonized phytosanitary measures” — phytosanitary measures established by contracting parties based on international standards;
Suggestion to the documentListen to audioGet a link from a document element“International standards” — international standards established in accordance with Article X, paragraphs 1 and 2;
Suggestion to the documentListen to audioGet a link from a document element“Introduction” — the entry of a pest resulting in its establishment;
Suggestion to the documentListen to audioGet a link from a document element“Pest” — any species, strain or biotype of plant, animal or pathogenic agent injurious to plants or plant products;
Suggestion to the documentListen to audioGet a link from a document element“Pest risk analysis” — the process of evaluating biological or other scientific and economic evidence to determine whether a pest should be regulated and the strength of any phytosanitary measures to be taken against it;
Suggestion to the documentListen to audioGet a link from a document element“Phytosanitary measure” — any legislation, regulation or official procedure having the purpose to prevent the introduction and/or spread of pests;
Suggestion to the documentListen to audioGet a link from a document element“Plant products” — unmanufactured material of plant origin (including grain) and those manufactured products that, by their nature or that of their processing, may create a risk for the introduction and spread of pests;
Suggestion to the documentListen to audioGet a link from a document element“Plants” — living plants and parts thereof, including seeds and germplasm;
Suggestion to the documentListen to audioGet a link from a document element“Quarantine pest” — a pest of potential economic importance to the area endangered thereby and not yet present there, or present but not widely distributed and being officially controlled;
Suggestion to the documentListen to audioGet a link from a document element“Regional standards” — standards established by a regional plant protection organization for the guidance of the members of that organization;
Suggestion to the documentListen to audioGet a link from a document element“Regulated article” — any plant, plant product, storage place, packaging, conveyance, container, soil and any other organism, object or material capable of harbouring or spreading pests, deemed to require phytosanitary measures, particularly where international transportation is involved;
Suggestion to the documentListen to audioGet a link from a document element“Regulated non-quarantine pest” — a non-quarantine pest whose presence in plants for planting affects the intended use of those plants with an economically unacceptable impact and which is therefore regulated within the territory of the importing contracting party;
Suggestion to the documentListen to audioGet a link from a document element“Regulated pest” — a quarantine pest or a regulated non-quarantine pest;
Suggestion to the documentListen to audioGet a link from a document element“Secretary” — Secretary of the Commission appointed pursuant to Article XII;
Suggestion to the documentListen to audioGet a link from a document element“Technically justified” — justified on the basis of conclusions reached by using an appropriate pest risk analysis or, where applicable, another comparable examination and evaluation of available scientific information.
Suggestion to the documentListen to audioGet a link from a document element2. 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 of contracting parties.
Suggestion to the documentListen to audioGet a link from a document elementARTICLE III
Relationship with other international agreements
Relationship with other international agreements
Suggestion to the documentListen to audioGet a link from a document elementNothing in this Convention shall affect the rights and obligations of the contracting parties under relevant international agreements.
Suggestion to the documentListen to audioGet a link from a document elementARTICLE IV
General provisions relating to the organizational arrangements for national plant protection
General provisions relating to the organizational arrangements for national plant protection
Suggestion to the documentListen to audioGet a link from a document element1. Each contracting party shall make provision, to the best of its ability, for an official national plant protection organization with the main responsibilities set out in this Article.
Suggestion to the documentListen to audioGet a link from a document element2. The responsibilities of an official national plant protection organization shall include the following:
Suggestion to the documentListen to audioGet a link from a document element(a) the issuance of certificates relating to the phytosanitary regulations of the importing contracting party for consignments of plants, plant products and other regulated articles;
Suggestion to the documentListen to audioGet a link from a document element(b) the surveillance of growing plants, including both areas under cultivation (inter alia fields, plantations, nurseries, gardens, greenhouses and laboratories) and wild flora, and of plants and plant products in storage or in transportation, particularly with the object of reporting the occurrence, outbreak and spread of pests, and of controlling those pests, including the reporting referred to under Article VIII paragraph 1(a);
Suggestion to the documentListen to audioGet a link from a document element(c) the inspection of consignments of plants and plant products moving in international traffic and, where appropriate, the inspection of other regulated articles, particularly with the object of preventing the introduction and/or spread of pests;
Suggestion to the documentListen to audioGet a link from a document element(d) the disinfestation or disinfection of consignments of plants, plant products and other regulated articles moving in international traffic, to meet phytosanitary requirements;
Suggestion to the documentListen to audioGet a link from a document element(e) the protection of endangered areas and the designation, maintenance and surveillance of pest free areas and areas of low pest prevalence;
Suggestion to the documentListen to audioGet a link from a document element(f) the conduct of pest risk analyses;
Suggestion to the documentListen to audioGet a link from a document element(g) to ensure through appropriate procedures that the phytosanitary security of consignments after certification regarding composition, substitution and reinfestation is maintained prior to export; and
Suggestion to the documentListen to audioGet a link from a document element(h) training and development of staff.
Suggestion to the documentListen to audioGet a link from a document element3. Each contracting party shall make provision, to the best of its ability, for the following:
Suggestion to the documentListen to audioGet a link from a document element(a) the distribution of information within the territory of the contracting party regarding regulated pests and the means of their prevention and control;
Suggestion to the documentListen to audioGet a link from a document element(b) research and investigation in the field of plant protection;
Suggestion to the documentListen to audioGet a link from a document element(c) the issuance of phytosanitary regulations; and
Suggestion to the documentListen to audioGet a link from a document element(d) the performance of such other functions as may be required for the implementation of this Convention.
Suggestion to the documentListen to audioGet a link from a document element4. Each contracting party shall submit a description of its official national plant protection organization and of changes in such organization to the Secretary. A contracting party shall provide a description of its organizational arrangements for plant protection to another contracting party, upon request.
Suggestion to the documentListen to audioGet a link from a document elementARTICLE V
Phytosanitary certification
Phytosanitary certification
Suggestion to the documentListen to audioGet a link from a document element1. Each contracting party shall make arrangements for phytosanitary certification, with the objective of ensuring that exported plants, plant products and other regulated articles and consignments thereof are in conformity with the certifying statement to be made pursuant to paragraph 2(b) of this Article.
Suggestion to the documentListen to audioGet a link from a document element2. Each contracting party shall make arrangements for the issuance of phytosanitary certificates in conformity with the following provisions:
Suggestion to the documentListen to audioGet a link from a document element(a) Inspection and other related activities leading to issuance of phytosanitary certificates shall be carried out only by or under the authority of the official national plant protection organization. The issuance of phytosanitary certificates shall be carried out by public officers who are technically qualified and duly authorized by the official national plant protection organization to act on its behalf and under its control with such knowledge and information available to those officers that the authorities of importing contracting parties may accept the phytosanitary certificates with confidence as dependable documents.
Suggestion to the documentListen to audioGet a link from a document element(b) Phytosanitary certificates, or their electronic equivalent where accepted by the importing contracting party concerned, shall be as worded in the models set out in the Annex to this Convention. These certificates should be completed and issued taking into account relevant international standards.
Suggestion to the documentListen to audioGet a link from a document element(c) Uncertified alterations or erasures shall invalidate the certificates.
Suggestion to the documentListen to audioGet a link from a document element3. Each contracting party undertakes not to require consignments of plants or plant products or other regulated articles imported into its territories to be accompanied by phytosanitary certificates inconsistent with the models set out in the Annex to this Convention. Any requirements for additional declarations shall be limited to those technically justified.
Suggestion to the documentListen to audioGet a link from a document elementARTICLE VI
Regulated pests
Regulated pests
Suggestion to the documentListen to audioGet a link from a document element1. Contracting parties may require phytosanitary measures for quarantine pests and regulated non-quarantine pests, provided that such measures are:
Suggestion to the documentListen to audioGet a link from a document element(a) no more stringent than measures applied to the same pests, if present within the territory of the importing contracting party; and
Suggestion to the documentListen to audioGet a link from a document element(b) limited to what is necessary to protect plant health and/or safeguard the intended use and can be technically justified by the contracting party concerned.
Suggestion to the documentListen to audioGet a link from a document element2. Contracting parties shall not require phytosanitary measures for non-regulated pests.
Suggestion to the documentListen to audioGet a link from a document elementARTICLE VII
Requirements in relation to imports
Requirements in relation to imports
Suggestion to the documentListen to audioGet a link from a document element1. With the aim of preventing the introduction and/or spread of regulated pests into their territories, contracting parties shall have sovereign authority to regulate, in accordance with applicable international agreements, the entry of plants and plant products and other regulated articles and, to this end, may:
Suggestion to the documentListen to audioGet a link from a document element(a) prescribe and adopt phytosanitary measures concerning the importation of plants, plant products and other regulated articles, including, for example, inspection, prohibition on importation, and treatment;
Suggestion to the documentListen to audioGet a link from a document element(b) refuse entry or detain, or require treatment, destruction or removal from the territory of the contracting party, of plants, plant products and other regulated articles or consignments thereof that do not comply with the phytosanitary measures prescribed or adopted under subparagraph (a);
Suggestion to the documentListen to audioGet a link from a document element(c) prohibit or restrict the movement of regulated pests into their territories;
Suggestion to the documentListen to audioGet a link from a document element(d) prohibit or restrict the movement of biological control agents and other organisms of phytosanitary concern claimed to be beneficial into their territories.
Suggestion to the documentListen to audioGet a link from a document element2. In order to minimize interference with international trade, each contracting party, in exercising its authority under paragraph 1 of this Article, undertakes to act in conformity with the following:
Suggestion to the documentListen to audioGet a link from a document element(a) Contracting parties shall not, under their phytosanitary legislation, take any of the measures specified in paragraph 1 of this Article unless such measures are made necessary by phytosanitary considerations and are technically justified.
Suggestion to the documentListen to audioGet a link from a document element(b) Contracting parties shall, immediately upon their adoption, publish and transmit phytosanitary requirements, restrictions and prohibitions to any contracting party or parties that they believe may be directly affected by such measures.
Suggestion to the documentListen to audioGet a link from a document element(c) Contracting parties shall, on request, make available to any contracting party the rationale for phytosanitary requirements, restrictions and prohibitions.
Suggestion to the documentListen to audioGet a link from a document element(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 to unnecessarily impede international trade. The contracting party shall publish a list of such points of entry and communicate it to the Secretary, any regional plant protection organization of which the contracting party is a member, all contracting parties which the contracting party believes to be directly affected, and other contracting parties upon request. Such restrictions on points of entry shall not be made unless the plants, plant products or other regulated articles concerned are required to be accompanied by phytosanitary certificates or to be submitted to inspection or treatment.
Suggestion to the documentListen to audioGet a link from a document element(e) Any inspection or other phytosanitary procedure required by the plant protection organization of a contracting party for a consignment of plants, plant products or other regulated articles offered for importation, shall take place as promptly as possible with due regard to their perishability.
Suggestion to the documentListen to audioGet a link from a document element(f) Importing contracting parties shall, as soon as possible, inform the exporting contracting party concerned or, where appropriate, the re-exporting contracting party concerned, of significant instances of non-compliance with phytosanitary certification. The exporting contracting party or, where appropriate, the re-exporting contracting party concerned, should investigate and, on request, report the result of its investigation to the importing contracting party concerned.
Suggestion to the documentListen to audioGet a link from a document element(g) Contracting parties shall institute only phytosanitary measures that are technically justified, consistent with the pest risk involved and represent the least restrictive measures available, and result in the minimum impediment to the international movement of people, commodities and conveyances.
Suggestion to the documentListen to audioGet a link from a document element(h) Contracting parties shall, as conditions change, and as new facts become available, ensure that phytosanitary measures are promptly modified or removed if found to be unnecessary.
Suggestion to the documentListen to audioGet a link from a document element(i) Contracting parties shall, to the best of their ability, establish and update lists of regulated pests, using scientific names, and make such lists available to the Secretary, to regional plant protection organizations of which they are members and, on request, to other contracting parties.
Suggestion to the documentListen to audioGet a link from a document element(j) Contracting parties shall, to the best of their ability, conduct surveillance for pests and develop and maintain adequate information on pest status in order to support categorization of pests, and for the development of appropriate phytosanitary measures. This information shall be made available to contracting parties, on request.
Suggestion to the documentListen to audioGet a link from a document element3. A contracting party may apply measures specified in this Article to pests which may not be capable of establishment in its territories but, if they gained entry, cause economic damage. Measures taken against these pests must be technically justified.
Suggestion to the documentListen to audioGet a link from a document element4. Contracting parties may apply measures specified in this Article to consignments in transit through their territories only where such measures are technically justified and necessary to prevent the introduction and/or spread of pests.
Suggestion to the documentListen to audioGet a link from a document element5. Nothing in this Article shall prevent importing contracting parties from making special provision, subject to adequate safeguards, for the importation, for the purpose of scientific research, education, or other specific use, of plants and plant products and other regulated articles, and of plant pests.
Suggestion to the documentListen to audioGet a link from a document element6. Nothing in this Article shall prevent any contracting party from taking appropriate emergency action on the detection of a pest posing a potential threat to its territories or the report of such a detection. Any such action shall be evaluated as soon as possible to ensure that its continuance is justified. The action taken shall be immediately reported to contracting parties concerned, the Secretary, and any regional plant protection organization of which the contracting party is a member.
Suggestion to the documentListen to audioGet a link from a document elementARTICLE VIII
International cooperation
International cooperation
Suggestion to the documentListen to audioGet a link from a document element1. The contracting parties shall cooperate with one another to the fullest practicable extent in achieving the aims of this Convention, and shall in particular:
Suggestion to the documentListen to audioGet a link from a document element(a) cooperate in the exchange of information on plant pests, particularly the reporting of the occurrence, outbreak or spread of pests that may be of immediate or potential danger, in accordance with such procedures as may be established by the Commission;
Suggestion to the documentListen to audioGet a link from a document element(b) participate, in so far as is practicable, in any special campaigns for combatting pests that may seriously threaten crop production and need international action to meet the emergencies; and
Suggestion to the documentListen to audioGet a link from a document element(c) cooperate, to the extent practicable, in providing technical and biological information necessary for pest risk analysis.
Suggestion to the documentListen to audioGet a link from a document element2. Each contracting party shall designate a contact point for the exchange of information connected with the implementation of this Convention.
Suggestion to the documentListen to audioGet a link from a document elementARTICLE IX
Regional plant protection organizations
Regional plant protection organizations
Suggestion to the documentListen to audioGet a link from a document element1. The contracting parties undertake to cooperate with one another in establishing regional plant protection organizations in appropriate areas.
Suggestion to the documentListen to audioGet a link from a document element2. 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.
Suggestion to the documentListen to audioGet a link from a document element3. The regional plant protection organizations shall cooperate with the Secretary in achieving the objectives of the Convention and, where appropriate, cooperate with the Secretary and the Commission in developing international standards.
Suggestion to the documentListen to audioGet a link from a document element4. The Secretary will convene regular Technical Consultations of representatives of regional plant protection organizations to:
Suggestion to the documentListen to audioGet a link from a document element(a) promote the development and use of relevant international standards for phytosanitary measures; and
Suggestion to the documentListen to audioGet a link from a document element(b) encourage inter-regional cooperation in promoting harmonized phytosanitary measures for controlling pests and in preventing their spread and/or introduction.
Suggestion to the documentListen to audioGet a link from a document elementARTICLE X
Standards
Standards
Suggestion to the documentListen to audioGet a link from a document element1. The contracting parties agree to cooperate in the development of international standards in accordance with the procedures adopted by the Commission.
Suggestion to the documentListen to audioGet a link from a document element2. International standards shall be adopted by the Commission.
Suggestion to the documentListen to audioGet a link from a document element3. Regional standards should be consistent with the principles of this Convention; such standards may be deposited with the Commission for consideration as candidates for international standards for phytosanitary measures if more broadly applicable.
Suggestion to the documentListen to audioGet a link from a document element4. Contracting parties should take into account, as appropriate, international standards when undertaking activities related to this Convention.
Suggestion to the documentListen to audioGet a link from a document elementARTICLE XI
Commission on Phytosanitary Measures
Commission on Phytosanitary Measures
Suggestion to the documentListen to audioGet a link from a document element1. Contracting parties agree to establish the Commission on Phytosanitary Measures within the framework of the Food and Agriculture Organization of the United Nations (FAO).
Suggestion to the documentListen to audioGet a link from a document element2. The functions of the Commission shall be to promote the full implementation of the objectives of the Convention and, in particular, to:
Suggestion to the documentListen to audioGet a link from a document element(a) review the state of plant protection in the world and the need for action to control the international spread of pests and their introduction into endangered areas;
Suggestion to the documentListen to audioGet a link from a document element(b) establish and keep under review the necessary institutional arrangements and procedures for the development and adoption of international standards, and to adopt international standards;
Suggestion to the documentListen to audioGet a link from a document element(c) establish rules and procedures for the resolution of disputes in accordance with Article XIII;
Suggestion to the documentListen to audioGet a link from a document element(d) establish such subsidiary bodies of the Commission as may be necessary for the proper implementation of its functions;
Suggestion to the documentListen to audioGet a link from a document element(e) adopt guidelines regarding the recognition of regional plant protection organizations;
Suggestion to the documentListen to audioGet a link from a document element(f) establish cooperation with other relevant international organizations on matters covered by this Convention;
Suggestion to the documentListen to audioGet a link from a document element(g) adopt such recommendations for the implementation of the Convention as necessary; and
Suggestion to the documentListen to audioGet a link from a document element(h) perform such other functions as may be necessary to the fulfilment of the objectives of this Convention.
Suggestion to the documentListen to audioGet a link from a document element3. Membership in the Commission shall be open to all contracting parties.
Suggestion to the documentListen to audioGet a link from a document element4. Each contracting party may be represented at sessions of the Commission by a single delegate who may be accompanied by an alternate, and by experts and advisers. Alternates, experts and advisers may take part in the proceedings of the Commission but may not vote, except in the case of an alternate who is duly authorized to substitute for the delegate.
Suggestion to the documentListen to audioGet a link from a document element5. The contracting parties shall make every effort to reach agreement on all matters by consensus. If all efforts to reach consensus have been exhausted and no agreement is reached, the decision shall, as a last resort, be taken by a two-thirds majority of the contracting parties present and voting.
Suggestion to the documentListen to audioGet a link from a document element6. A member organization of FAO that is a contracting party and the member states of that member organization that are contracting parties shall exercise their membership rights and fulfil their International Plant Protection Convention 12 membership obligations in accordance, mutatis mutandis, with the Constitution and General Rules of FAO.
Suggestion to the documentListen to audioGet a link from a document element7. The Commission may adopt and amend, as required, its own Rules of Procedure, which shall not be inconsistent with this Convention or with the Constitution of FAO.
Suggestion to the documentListen to audioGet a link from a document element8. The Chairperson of the Commission shall convene an annual regular session of the Commission.
Suggestion to the documentListen to audioGet a link from a document element9. Special sessions of the Commission shall be convened by the Chairperson of the Commission at the request of at least one-third of its members.
Suggestion to the documentListen to audioGet a link from a document element10. The Commission shall elect its Chairperson and no more than two Vice-Chairpersons, each of whom shall serve for a term of two years.
Suggestion to the documentListen to audioGet a link from a document elementARTICLE XII
Secretariat
Secretariat
Suggestion to the documentListen to audioGet a link from a document element1. The Secretary of the Commission shall be appointed by the Director-General of FAO.
Suggestion to the documentListen to audioGet a link from a document element2. The Secretary shall be assisted by such secretariat staff as may be required.
Suggestion to the documentListen to audioGet a link from a document element3. The Secretary shall be responsible for implementing the policies and activities of the Commission and carrying out such other functions as may be assigned to the Secretary by this Convention and shall report thereon to the Commission.
Suggestion to the documentListen to audioGet a link from a document element4. The Secretary shall disseminate:
Suggestion to the documentListen to audioGet a link from a document element(a) international standards to all contracting parties within sixty days of adoption;
Suggestion to the documentListen to audioGet a link from a document element(b) to all contracting parties, lists of points of entry under Article VII paragraph 2(d) communicated by contracting parties;
Suggestion to the documentListen to audioGet a link from a document element(c) lists of regulated pests whose entry is prohibited or referred to in Article VII paragraph 2(i) to all contracting parties and regional plant protection organizations;
Suggestion to the documentListen to audioGet a link from a document element(d) information received from contracting parties on phytosanitary requirements, restrictions and prohibitions referred to in Article VII paragraph 2(b), and descriptions of official national plant protection organizations referred to in Article IV paragraph 4.
Suggestion to the documentListen to audioGet a link from a document element5. The Secretary shall provide translations in the official languages of FAO of documentation for meetings of the Commission and international standards.
Suggestion to the documentListen to audioGet a link from a document element6. The Secretary shall cooperate with regional plant protection organizations in achieving the aims of the Convention.
Suggestion to the documentListen to audioGet a link from a document elementARTICLE XIII
Settlement of disputes
Settlement of disputes
Suggestion to the documentListen to audioGet a link from a document element1. 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 VII of this Convention, especially regarding the basis of prohibiting or restricting the imports of plants, plant products or other regulated articles coming from its territories, the contracting parties concerned shall consult among themselves as soon as possible with a view to resolving the dispute.
Suggestion to the documentListen to audioGet a link from a document element2. If the dispute cannot be resolved by the means referred to in paragraph 1, the contracting party or parties concerned may request the Director-General of FAO to appoint a committee of experts to consider the question in dispute, in accordance with rules and procedures that may be established by the Commission.
Suggestion to the documentListen to audioGet a link from a document element3. This Committee shall include representatives designated by each contracting party concerned. The Committee shall consider the question in dispute, taking into account all documents and other forms of evidence submitted by the contracting parties concerned. The Committee shall prepare a report on the technical aspects of the dispute for the purpose of seeking its resolution. The preparation of the report and its approval shall be according to rules and procedures established by the Commission, and it shall be transmitted by the Director-General to the contracting parties concerned. The report may also be submitted, upon its request, to the competent body of the international organization responsible for resolving trade disputes.
Suggestion to the documentListen to audioGet a link from a document element4. 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 contracting parties concerned of the matter out of which the disagreement arose.
Suggestion to the documentListen to audioGet a link from a document element5. The contracting parties concerned shall share the expenses of the experts.
Suggestion to the documentListen to audioGet a link from a document element6. The provisions of this Article shall be complementary to and not in derogation of the dispute settlement procedures provided for in other international agreements dealing with trade matters.
Suggestion to the documentListen to audioGet a link from a document elementARTICLE XIV
Substitution of prior agreements
Substitution of prior agreements
Suggestion to the documentListen to audioGet a link from a document elementThis 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.
Suggestion to the documentListen to audioGet a link from a document elementARTICLE XV
Territorial application
Territorial application
Suggestion to the documentListen to audioGet a link from a document element1. Any contracting party 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.
Suggestion to the documentListen to audioGet a link from a document element2. Any contracting party 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.
Suggestion to the documentListen to audioGet a link from a document element3. The Director-General of FAO shall inform all contracting parties of any declaration received under this Article.
Suggestion to the documentListen to audioGet a link from a document elementARTICLE XVI
Supplementary agreements
Supplementary agreements
Suggestion to the documentListen to audioGet a link from a document element1. The contracting parties may, for the purpose of meeting special problems of plant protection which need particular attention or action, enter into supplementary agreements. Such agreements may be 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 supplement the provisions of this Convention.
Suggestion to the documentListen to audioGet a link from a document element2. Any such supplementary agreements shall come into force for each contracting party concerned after acceptance in accordance with the provisions of the supplementary agreements concerned.
Suggestion to the documentListen to audioGet a link from a document element3. Supplementary agreements shall promote the intent of this Convention and shall conform to the principles and provisions of this Convention, as well as to the principles of transparency, non-discrimination and the avoidance of disguised restrictions, particularly on international trade.
Suggestion to the documentListen to audioGet a link from a document elementARTICLE XVII
Ratification and adherence
Ratification and adherence
Suggestion to the documentListen to audioGet a link from a document element1. 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.
Suggestion to the documentListen to audioGet a link from a document element2. As soon as this Convention has come into force in accordance with Article XXII it shall be open for adherence by non-signatory states and member organizations of FAO. Adherence shall be effected by the deposit of an instrument of adherence with the Director-General of FAO, who shall notify all contracting parties.
Suggestion to the documentListen to audioGet a link from a document element3. When a member organization of FAO becomes a contracting party to this Convention, the member organization shall, in accordance with the provisions of Article II paragraph 7 of the FAO Constitution, as appropriate, notify at the time of its adherence such modifications or clarifications to its declaration of competence submitted under Article II paragraph 5 of the FAO Constitution as may be necessary in light of its acceptance of this Convention. Any contracting party to this Convention may, at any time, request a member organization of FAO that is a contracting party to this Convention to provide information as to which, as between the member organization and its member states, is responsible for the implementation of any particular matter covered by this Convention. The member organization shall provide this information within a reasonable time.
Suggestion to the documentListen to audioGet a link from a document elementARTICLE XVIII
Non-contracting parties
Non-contracting parties
Suggestion to the documentListen to audioGet a link from a document elementThe contracting parties shall encourage any state or member organization of FAO, not a party to this Convention, to accept this Convention, and shall encourage any non-contracting party to apply phytosanitary measures consistent with the provisions of this Convention and any international standards adopted hereunder.
Suggestion to the documentListen to audioGet a link from a document elementARTICLE XIX
Languages
Languages
Suggestion to the documentListen to audioGet a link from a document element1. The authentic languages of this Convention shall be all official languages of FAO.
Suggestion to the documentListen to audioGet a link from a document element2. Nothing in this Convention shall be construed as requiring contracting parties to provide and to publish documents or to provide copies of them other than in the language(s) of the contracting party, except as stated in paragraph 3 below.
Suggestion to the documentListen to audioGet a link from a document element3. The following documents shall be in at least one of the official languages of FAO:
Suggestion to the documentListen to audioGet a link from a document element(a) information provided according to Article IV paragraph 4;
Suggestion to the documentListen to audioGet a link from a document element(b) cover notes giving bibliographical data on documents transmitted according to Article VII paragraph 2(b);
Suggestion to the documentListen to audioGet a link from a document elementSuggestion to the documentListen to audioGet a link from a document element(d) notes giving bibliographical data and a short summary of relevant documents on information provided according to Article VIII paragraph 1(a);
Suggestion to the documentListen to audioGet a link from a document element(e) requests for information from contact points as well as replies to such requests, but not including any attached documents;
Suggestion to the documentListen to audioGet a link from a document element(f) any document made available by contracting parties for meetings of the Commission.
Suggestion to the documentListen to audioGet a link from a document elementARTICLE XX
Technical assistance
Technical assistance
Suggestion to the documentListen to audioGet a link from a document elementThe contracting parties agree to promote the provision of technical assistance to contracting parties, especially those that are developing contracting parties, either bilaterally or through the appropriate international organizations, with the objective of facilitating the implementation of this Convention.
Suggestion to the documentListen to audioGet a link from a document elementARTICLE XXI
Amendment
Amendment
Suggestion to the documentListen to audioGet a link from a document element1. Any proposal by a contracting party for the amendment of this Convention shall be communicated to the Director-General of FAO.
Suggestion to the documentListen to audioGet a link from a document element2. 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 Commission 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 Commission.
Suggestion to the documentListen to audioGet a link from a document element3. Notice of any proposed amendment of this Convention, other than amendments to the Annex, 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 Commission at which the matter is to be considered is dispatched.
Suggestion to the documentListen to audioGet a link from a document element4. Any such proposed amendment of this Convention shall require the approval of the Commission and shall come into force as from the thirtieth day after acceptance by two-thirds of the contracting parties. For the purpose of this Article, an instrument deposited by a member organization of FAO shall not be counted as additional to those deposited by member states of such an organization.
Suggestion to the documentListen to audioGet a link from a document element5. 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. The instruments of acceptance of amendments involving new obligations shall be deposited with the Director-General of FAO, who shall inform all contracting parties of the receipt of acceptance and the entry into force of amendments.
Suggestion to the documentListen to audioGet a link from a document element6. Proposals for amendments to the model phytosanitary certificates set out in the Annex to this Convention shall be sent to the Secretary and shall be considered for approval by the Commission. Approved amendments to the model phytosanitary certificates set out in the Annex to this Convention shall become effective ninety days after their notification to the contracting parties by the Secretary.
Suggestion to the documentListen to audioGet a link from a document element7. For a period of not more than twelve months from an amendment to the model phytosanitary certificates set out in the Annex to this Convention becoming effective, the previous version of the phytosanitary certificates shall also be legally valid for the purpose of this Convention.
Suggestion to the documentListen to audioGet a link from a document elementARTICLE XXII
Entry into force
Entry into force
Suggestion to the documentListen to audioGet a link from a document elementAs soon as this Convention has been ratified by three signatory states it shall come into force among them. It shall come into force for each state or member organization of FAO ratifying or adhering thereafter from the date of deposit of its instrument of ratification or adherence.
Suggestion to the documentListen to audioGet a link from a document elementARTICLE XXIII
Denunciation
Denunciation
Suggestion to the documentListen to audioGet a link from a document element1. 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 contracting parties.
Suggestion to the documentListen to audioGet a link from a document element2. Denunciation shall take effect one year from the date of receipt of the notification by the Director-General of FAO.
Suggestion to the documentListen to audioGet a link from a document elementSuggestion to the documentListen to audioGet a link from a document elementANNEX
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Plant Protection Organization of _________________________________________________ | |||||||||||||||||||||||||||||
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Name and address of exporter: __________________________________________________ | |||||||||||||||||||||||||||||
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Date ________ Treatment ___________ Chemical (active ingredient) ___________________ | |||||||||||||||||||||||||||||
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Suggestion to the documentListen to audioGet a link from a document elementSuggestion to the documentListen to audioGet a link from a document elementSuggestion to the documentListen to audioGet a link from a document element|
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No. _________________ | |||||||||||||||||||||||||||||
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Plant Protection Organization of ________________________ (contracting party of re-export) | |||||||||||||||||||||||||||||
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Name and address of exporter: __________________________________________________ This is to certify that the plants, plant products or other regulated articles described above ________ were imported into (contracting party of re-export) ________ from ___________ (contracting party of origin) covered by Phytosanitary Certificate No. ________, *original certified true copy of which is attached to this certificate; that they are packed repacked in original *new containers, that based on the original phytosanitary certificate and additional inspection , they are considered to conform with the current phytosanitary requirements of the importing contracting party, and that during storage in _______________ (contracting party of re-export), the consignment has not been subjected to the risk of infestation or infection. | |||||||||||||||||||||||||||||
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Date ________ Treatment ___________ Chemical (active ingredient) ___________________ | |||||||||||||||||||||||||||||
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