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):
..............................................................