International plant protection Convention - New revised text approved by Resolution 12/97 of the 29th Session of the FAO Conference in November 1997.
Dz.U.UE.L.2004.267.41
Akt obowiązującyINTERNATIONAL PLANT PROTECTION CONVENTION
New revised text approved by Resolution 12/97 of the 29th Session of the FAO Conference in November 1997
The Contracting Parties,
– recognising 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,
– recognising 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,
– desiring to ensure close coordination of measures directed to these ends,
– desiring to provide a framework for the development and application of harmonised phytosanitary measures and the elaboration of international standards to that effect,
– taking into account internationally approved principles governing the protection of plant, human and animal health, and the environment, and
– 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,
HAVE AGREED AS FOLLOWS:
Purpose and responsibility
Use of terms
'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;
'Commission’ - the Commission on Phytosanitary Measures established under Article XI;
'Endangered area’ - an area where ecological factors favour the establishment of a pest whose presence in the area will result in economically important loss;
'Establishment’ - perpetuation, for the foreseeable future, of a pest within an area after entry;
'Harmonised phytosanitary measures’ - phytosanitary measures established by Contracting Parties based on international standards;
'International standards’ - international standards established in accordance with Article X, paragraphs 1 and 2;
'Introduction’ - the entry of a pest resulting in its establishment;
'Pest’ - any species, strain or biotype of plant, animal or pathogenic agent injurious to plants or plant products;
'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;
'Phytosanitary measure’ - any legislation, regulation or official procedure having the purpose to prevent the introduction and/or spread of pests;
'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;
'Plants’ - living plants and parts thereof, including seeds and germplasm;
'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;
'Regional standards’ - standards established by a regional plant protection organisation for the guidance of the members of that organisation;
'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;
'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;
'Regulated pest’ - a quarantine pest or a regulated non-quarantine pest;
'Secretary’ - Secretary of the Commission appointed pursuant to Article XII;
'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.
Relationship with other international agreements
Nothing in this Convention shall affect the rights and obligations of the Contracting Parties under relevant international agreements.
General provisions relating to the organisational arrangements for national plant protection
(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;
(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);
(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;
(d) the disinfestation or disinfection of consignments of plants, plant products and other regulated articles moving in international traffic, to meet phytosanitary requirements;
(e) the protection of endangered areas and the designation, maintenance and surveillance of pest-free areas and areas of low pest prevalence;
(f) the conduct of pest risk analyses;
(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
(h) training and development of staff.
(a) the distribution of information within the territory of the Contracting Party regarding regulated pests and the means of their prevention and control;
(b) research and investigation in the field of plant protection;
(c) the issuance of phytosanitary regulations; and
(d) the performance of such other functions as may be required for the implementation of this Convention.
Phytosanitary certification
(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 organisation. The issuance of phytosanitary certificates shall be carried out by public officers who are technically qualified and duly authorised by the official national plant protection organisation 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.
(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.
(c) Uncertified alterations or erasures shall invalidate the certificates.
Regulated pests
(a) no more stringent than measures applied to the same pests, if present within the territory of the importing Contracting Party; and
(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.
Requirements in relation to imports
(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;
(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);
(c) prohibit or restrict the movement of regulated pests into their territories;
(d) prohibit or restrict the movement of biological control agents and other organisms of phytosanitary concern claimed to be beneficial into their territories.
(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.
(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.
(c) Contracting Parties shall, on request, make available to any Contracting Party the rationale for phytosanitary requirements, restrictions and prohibitions.
(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 organisation 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.
(e) Any inspection or other phytosanitary procedure required by the plant protection organisation 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.
(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.
(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.
(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.
(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 organisations of which they are members and, on request, to other Contracting Parties.
(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 categorisation of pests, and for the development of appropriate phytosanitary measures. This information shall be made available to Contracting Parties, on request.
International cooperation
(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;
(b) participate, in so far as is practicable, in any special campaigns for combating pests that may seriously threaten crop production and need international action to meet the emergencies; and
(c) cooperate, to the extent practicable, in providing technical and biological information necessary for pest risk analysis.
Regional plant protection organisations
(a) promote the development and use of relevant international standards for phytosanitary measures; and
(b) encourage inter-regional cooperation in promoting harmonised phytosanitary measures for controlling pests and in preventing their spread and/or introduction.
Standards
Commission on Phytosanitary Measures
(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;
(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;
(c) establish rules and procedures for the resolution of disputes in accordance with Article XIII;
(d) establish such subsidiary bodies of the Commission as may be necessary for the proper implementation of its functions;
(e) adopt guidelines regarding the recognition of regional plant protection organisations;
(f) establish cooperation with other relevant international organisations on matters covered by this Convention;
(g) adopt such recommendations for the implementation of the Convention as necessary; and
(h) perform such other functions as may be necessary to the fulfilment of the objectives of this Convention.
Secretariat
(a) international standards to all Contracting Parties within 60 days of adoption;
(b) to all Contracting Parties, lists of points of entry under Article VII paragraph 2(d) communicated by Contracting Parties;
(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 organisations;
(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 organisations referred to in Article IV paragraph 4.
Settlement of disputes
Substitution of prior agreements
This 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.
Territorial application
Supplementary agreements
Ratification and adherence
Non-Contracting Parties
The Contracting Parties shall encourage any State or Member Organisation 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.
Languages
(a) information provided according to Article IV paragraph 4;
(b) cover notes giving bibliographical data on documents transmitted according to Article VII paragraph 2(b);
(c) information provided according to Article VII(2)(b), (d), (i) and (j);
(d) notes giving bibliographical data and a short summary of relevant documents on information provided according to Article VIII(1)(a);
(e) requests for information from contact points as well as replies to such requests, but not including any attached documents;
(f) any document made available by Contracting Parties for meetings of the Commission.
Technical assistance
The 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 organisations, with the objective of facilitating the implementation of this Convention.
Amendment
Entry into force
As 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 Organisation of FAO ratifying or adhering thereafter from the date of deposit of its instrument of ratification or adherence.
Denunciation
Załącznik
MODEL PHYTOSANITARY CERTIFICATE
MODEL PHYTOSANITARY CERTIFICATE
Plant protection organisation of ___________________________
To: Plant protection organisation(s) of ____________________
I. Description of consignment
Name and address of exporter: ______________________________
Declared name and address of consignee: ____________________
Number and description of packages:_________________________
Distinguishing marks:_______________________________________
Place of origin:____________________________________________
Declared means of conveyance:_______________________________
Declared point of entry: ___________________________________
Name of produce and quantity declared: _____________________
Botanical name of plants: __________________________________
This is to certify that the plants, plant products or other
regulated articles described herein have been inspected and/or
tested according to appropriate official procedures and are
considered to be free from the quarantine pests specified by
the importing contracting party and to conform with the
current phytosanitary requirements of the importing
contracting party, including those for regulated
non-quarantine pests.
They are deemed to be practically free from other pests. *
II. Additional declaration
III. Disinfestation and/or disinfection treatment
Date____________________ Treatment__________________________
Chemical (active ingredient)________________________________
Duration and temperature____________________________________
Concentration ______________________________________________
Additional information _____________________________________
____________________________________________________________
Place of issue ______________________
(Stamp of Organisation) ____________________________________
Name of authorised officer__________________________________
Date________________________________________________
(Signature)
____________________________________________________________
No financial liability with respect to this certificate
shall attach to_____________________________(name of plant
protection organisation) or to any of its officers or
representatives. *
______
* Optional clause.
MODEL PHYTOSANITARY CERTIFICATE FOR RE-EXPORT
No ________________
Plant protection organisation
of__________________________(contracting party of re-export)
To: Plant protection organisation(s)
of________________________(contracting party(ies) of import)
I. Description of consignment
Name and address of exporter: ______________________________
Declared name and address of consignee:_____________________
Number and description of packages: ________________________
Distinguishing marks: ______________________________________
Place of origin:____________________________________________
Declared means of conveyance:_______________________________
Declared point of entry:____________________________________
Name of produce and quantity declared: _____________________
Botanical name of plants:___________________________________
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.
________
* Insert tick in appropriate [] boxes.
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