CL 117/1-Rev.1 | Provisional Annotated Agenda |
CL 117/2 | Report of the Joint Meeting of the 82nd Session of the Programme Committee and the 93rd Session of the Finance Committee (Rome, September 1999) |
CL 117/3 | Report of the 82nd Session of the Programme
Committee (Rome 13-17 September 1999) |
CL 117/ 4 | Report of the 93rd Session of the Finance Committee (Rome, 13-17 September 1999) |
CL 117/5 | Report of the 70th Session of the Committee on Constitutional and Legal Matters (CCLM) (Rome 27-28 September1999) |
CL 117/6 | Membership of the Programme Committee and Finance Committee |
CL 117/6-Corr.1 (Chinese Only) | Corrigendum to CL 117/6 |
CL 117/7 | Membership of the Committee on Constitutional and Legal Matters (CCLM) |
CL 117/8 | Membership of the World Food Programme Executive Board |
CL 117/9 | Amendment to the Staff Regulations
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C 99/Series | |
C 99/3 | Programme of Work and Budget 2000-2001 |
C 99/3-Corr.1 | Corrigendum to C 99/3 |
C 99/3-Corr.2 (Chinese and English only) | Corrigendum to C 99/3 |
C 99/12 | A Strategic Framework for FAO 2000-2015 (Version 4.0) |
C 99/12-Corr. 1 (Spanish only) | Corrigendum to C 99/12 |
C 99/12-Sup.1 | Supplement to C 99/12 |
C 99/14 | Outcome of the Rotterdam Conference on Prior Informed Consent
(PIC)
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C 99/INF/Series | |
C 99/INF/10 | Margarita Liz�rraga Medal 1998-99 |
C 99/INF/20-Rev.1 | Outcome of the Conference on the Multifunctional Character of
Agriculture and Land (Maastricht, Netherlands, September 1999)
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CL 117/INF/Series | |
CL 117/INF/1-Rev.1 | Provisional Timetable |
CL 117/INF/2 | Provisional List of Delegates and Observers |
CL 117/INF/3 | Provisional List of Documents |
CL 117/INF/4 | Note on the Methods of Work of the Council |
CL 117/INF/5 | Changes in Representation of Member Nations on the Programme and Finance Committees |
CL 117/INF/6 | Statement of Competence and Voting Rights Submitted by the European Community (EC) and its Member States |
CL 117/INF/7 | Implementation of the Decisions taken at the 116th Session of the Council |
CL 117/INF/8 | Revised Calendar of FAO Governing Bodies and Other Main Sessions 1998-1999 |
CL 117/INF/9 | Officers of the Conference and Council |
CL 117/INF/10 | Regional Representation at the Consultative Group on International Agricultural Research (CGIAR) |
CL 117/INF/11 | Report of the UN Joint Inspection Unit (July 1997- December
1998) (A/54/34) (July 1997-December 1998) |
CL 117/INF/12 | JIU Report on the UN Office for Project Services (UNOPS): Broader Engagement with UN System Organizations (JIU/REP/98/5) |
CL 117/INF/13 | Report on the High Level Consultation on Rural Women and Information (Rome, 4-6 October 1999) |
CL 117/INF/14 | Progress Report on Preparations for the International Year of Mountains |
CL 117/INF/15 | Amendment to WFP General Rule XIII.1. Contributions |
CL 117/INF/16 | Amendment to FAO Staff Regulations
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CL 117/LIM/Series | |
CL 117/LIM/1 | Financial Position of the Organization |
CL 117/LIM/2 | Invitations to Non-Member Nations to Attend FAO Sessions |
CL 117/LIM/3 | Authorization to Utilize Resources Arising from the Payment
of Arrears
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CL117/ REP/Series | |
CL 117/REP/1 to | Draft Report of Plenary |
CL 117/REP/9 |
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CL 117/PV/Series | |
CL 117/PV/1 to | Provisional Verbatim Records of Plenary |
CL 117/PV/4 | |
CL 117/PV/4 Add. 1 |
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CL 117/PV/5 |
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CL 117/OD/Series | |
CL 117/OD/1 to | Orders of the Day |
CL 117/OD/3 |
The Government of the State of Bahrain,
The Government of the Islamic Republic of Iran,
The Government of the Republic of Iraq,
The Government of the State of Kuwait,
The Government of the Sultanate of Oman,
The Government of the State of Qatar,
The Government of the Kingdom of Saudi Arabia,
The Government of the United Arab Emirates
Taking account of the relevant provisions of the United Nations Convention on the Law of the Sea which entered into force on 16 November 1994 (hereafter referred to as the United Nations Convention) and which requires all members of the international community to cooperate in the conservation and management of the living marine resources,
Noting the objectives and purposes stated in Chapter 17 of Agenda 21 adopted by the United Nations Conference on Environment and Development in 1992 and the Code of Conduct for Responsible Fisheries adopted by the FAO Conference in 1995,
Noting also that other international instruments have been negotiated concerning the conservation and management of certain fish stocks,
Having a mutual interest in the development and proper utilization of the living marine resources in the sea area, with the exception of internal waters, in the region defined in Article IV, hereinafter referred to as "the Area", and desiring to further the attainment of their objectives through international cooperation which would be furthered by the establishment of a Fisheries Commission,
Recognizing the importance of fisheries conservation and management in the Area and of promoting cooperation to that effect,
Agree as follows:
ARTICLE I
The Commission
1. The Contracting Parties hereby establish within the framework of the Food and Agriculture Organization of the United Nations (hereinafter referred to as "the Organization") a Commission to be known as "The Regional Commission for Fisheries (RECOFI)" (hereinafter referred to as "RECOFI" or "the Commission"), for the purpose of exercising the functions and discharging the responsibilities set forth in Article III below.
2. Membership in RECOFI shall be open to Members and Associate Members of the Organization and such non-member States of the Organization as are Members of the United Nations, or any of its Specialized Agencies or the International Atomic Energy Agency that are coastal States or Associate Members which territories are situated wholly or partly within the Area defined in Article IV, that accept this Agreement in accordance with the provisions of Article XIII.
3. As regards Associate Members, this Agreement shall, in accordance with the provisions of Article XIV-5 of the FAO Constitution and Rule XXI-3 of the General Rules of the Organization, be submitted by the Organization to the authority having responsibility for the international relations of such Associate Members.
ARTICLE II
Organization
1. Each Member shall be represented at sessions of the Commission by one delegate, who may be accompanied by an alternate and by experts and advisers. Participation in meetings of the Commission by alternates, experts, and advisers shall not entail the right to vote, except in the case of an alternate who is acting in the place of a delegate during his absence.
2. Each Member shall have one vote. Decisions of the Commission shall be taken by a majority of the votes cast, except as otherwise provided by this Agreement. A majority of the total membership of the Commission shall constitute a quorum.
3. The Commission shall elect a Chairperson and two Vice-Chairpersons.
4. The Chairperson of the Commission shall normally convene a regular session of the Commission every year unless otherwise directed by a majority of the Members. The site and date of all sessions shall be determined by the Commission in consultation with the Director-General of the Organization.
5. The seat of RECOFI shall be at the seat of the FAO Regional Office for the Near East in Cairo. However, RECOFI, after consultation with the Director-General of the Organization, may decide to choose, at its own expense, another location within the Area.
6. The Organization shall provide the Secretariat of the Commission and the Director-General shall appoint its Secretary, who shall be administratively responsible to him.
7. The Commission may, by a two-thirds majority of its membership, adopt and amend its own Rules of Procedure provided that such Rules of Procedure or the amendments thereto are not inconsistent with this Agreement or with the Constitution of the Organization.
8. The Commission may, by a two-thirds majority of its membership, adopt and amend its own Financial Regulations, provided that such Regulations shall be consistent with the principles embodied in the Financial Regulations of the Organization. Such Regulations shall be reported to the Finance Committee of the Organization which shall have the power to disallow such Financial Regulations or amendment if it finds that they are inconsistent with the principles embodied in the Financial Regulations of the Organization.
ARTICLE III
Functions
1. The purpose of RECOFI shall be to promote the development, conservation, rational management and best utilization of living marine resources, as well as the sustainable development of aquaculture in the Area, and to these ends it shall have the following functions and responsibilities:
(i) for the conservation and rational management of living marine resources, including measures:
- regulating fishing methods and fishing gear,
- prescribing the minimum size for individuals of specified species,
- establishing open and closed fishing seasons and areas,
- regulating the amount of total catch and of fishing effort and their allocation among Members,(ii) for the implementation of these recommendations;
2. When formulating and recommending measures under paragraph 1 b) above, the Commission shall apply the precautionary approach to conservation and management decisions, and take into account also the best scientific evidence available and the need to promote the development and proper utilisation of the marine living resources.
ARTICLE IV
Area
The Commission shall carry out the functions and responsibilities set forth in Article III in the region bounded in the south by the following rhumb lines: from Ras Dhabat Ali in (16� 39N, 53� 330"E) then to a position in (16� 00N, 53� 25E) then to a position in (17� 00N, 56� 30E) then to a position in (20� 30N, 60� 00E) then to Ras Al-Fasteh in (25� 04N, 61� 25E).
ARTICLE V
Recommendations on Management Measures
1. The recommendations referred to in Article III, paragraph 1 b), shall be adopted by a two-thirds majority of Members of the Commission present and voting. The text of such recommendations shall be communicated by the Chairperson of the Commission to each Member.
2. Subject to the provisions of this Article, the Members of the Commission undertake to give effect to any recommendations made by the Commission under Article III, paragraph 1 b), from the date determined by the Commission, which shall not be before the period for objection provided for in this Article has elapsed.
3. Any Member of the Commission may within one hundred and twenty days from the date of notification of a recommendation object to it and in that event shall not be under obligation to give effect to that recommendation. A Member may at any time withdraw its objection and give effect to a recommendation.
4. The Chairperson of the Commission shall notify each Member immediately upon receipt of each objection or withdrawal of objection.
ARTICLE VI
Reports
The Commission shall transmit, after each session, to the Director-General of the Organization, a report embodying its views, recommendations and decisions, and make such other reports to the Director-General of the Organization as it may deem necessary or desirable. Reports of the committees and working groups of the Commission provided for in Article VII of the Agreement shall be transmitted to the Director-General of the Organization through the Commission.
ARTICLE VII
Committees, Working Groups and Specialists
1. The Commission may establish temporary, special or standing committees to study and report on matters pertaining to the purposes of the Commission and working groups to study and recommend on specific technical problems.
2. The committees and working groups referred to in paragraph 1 above shall be convened by the Chairperson of the Commission at such times and places as are determined by the Chairperson in consultation with the Director-General of the Organization, as appropriate.
3. The establishment of committees and working groups referred to in paragraph 1 above and the recruitment or appointment of specialists shall be subject to the availability of the necessary funds in the relevant chapter of the approved budget of the Commission. Before taking any decision involving expenditures in connection with the establishment of committees and working groups and the recruitment or appointment of specialists, the Commission shall have before it a report from the Secretary of the Commission on the administrative and financial implications thereof.
ARTICLE VIII
Cooperation with International Organizations
The Commission shall cooperate closely with other international organizations in matters of mutual interest. On the proposal of the Secretary of the Commission, observers of these organizations may be invited by the Commission to attend sessions of the Commission or meetings of the committees or working groups.
ARTICLE IX
Finances
1. Each Member of the Commission undertakes to pay annually its share of the budget for cooperative activities, in accordance with a scale of contributions to be adopted by the Commission.
2. At each regular session, the Commission shall adopt its budget by consensus of its Members, provided however that if, after every effort has been made, a consensus cannot be reached in the course of that session, the matter will be put to a vote and the budget shall be adopted by a two-thirds majority of its Members.
3. (a) The amount of the contribution of each Member of the Commission shall be determined in accordance with a scheme which the Commission shall adopt and amend by consensus.
(b) The scheme adopted or amended by the Commission shall be set out in the Financial Regulations of the Commission.
4. Contributions shall be payable in freely convertible currencies unless otherwise determined by the Commission with the concurrence of the Director-General of the Organization.
5. The Commission may also accept donations and other forms of assistance from organizations, individuals and other sources for purposes connected with the fulfilment of any of its functions.
6. Contributions and donations and other forms of assistance received shall be placed in a Trust Fund administered by the Director-General of the Organization in conformity with the Financial Regulations of the Organization.
7. A Member of the Commission which is in arrears in the payment of its financial contributions to the Commission shall have no vote in the Commission if the amount of its arrears equals or exceeds the amount of the contributions due from it for the two preceding calendar years. The Commission may, nevertheless, permit such a Member to vote if it is satisfied that the failure to pay was due to conditions beyond the control of the Member but in no case shall it extend the right to vote beyond a further two calendar years.
ARTICLE X
Expenses
1. Expenses incurred by delegates, their alternates, experts and advisers when attending, as government representatives, sessions of the Commission, its committees and working groups, as well as the expenses incurred by observers at sessions, shall be borne by the respective governments or organizations. The expenses of experts invited by the Commission to attend, in their individual capacity, meetings of the Commission, its committees or working groups shall be borne by the budget of the Commission.
2. The expenses for publications and communications and the expenses incurred by the Chairperson and Vice-Chairpersons of the Commission, when performing duties on behalf of the Commission between Commission sessions, shall be determined and paid from the budget of the Commission.
3. The expenses of research and development projects undertaken by individual Members of the Commission, whether independently or upon recommendation of the Commission, shall be determined and paid by the Members concerned.
4. The expenses incurred in connection with cooperative research or development projects undertaken in accordance with the provisions of Article III, paragraph 1e), unless otherwise available shall be determined and paid by the Members in the form and proportion to which they shall mutually agree. Contributions for cooperative projects shall be paid into a Trust Fund to be established by the Organization and shall be administered by the Organization in accordance with the Financial Regulations and Rules of the Organization.
5. The Commission may accept voluntary contributions generally or in connection with specific projects or activities of the Commission. Such contributions shall be paid into a Trust Fund to be established by the Organization. The acceptance of such voluntary contributions and the administration of the Trust Fund shall be in accordance with the Financial Regulations and Rules of the Organization.
ARTICLE XI
Administration
1. The Secretary of the Commission (hereinafter referred to as "the Secretary") shall be appointed by the Director-General of the Organization.
2. The Secretary shall be responsible for implementing the policies and activities of the Commission and shall report thereon to the Commission. The Secretary shall also act as Secretary to other subsidiary bodies established by the Commission, as required.
3. The expenses of the Commission shall be paid out of its budget except those relating to such staff and facilities as can be made available by the Organization. The expenses to be borne by the Organization shall be determined and paid within the limits of the biennial budget prepared by the Director-General and approved by the Conference of the Organization in accordance with the General Rules and the Financial Regulations of the Organization.
ARTICLE XII
Amendments
The Commission may amend this Agreement by a two-thirds majority of its Members. Amendments to this Agreement shall be reported to the Council of the Organization, which shall have the power to disallow them if it finds that such amendments are inconsistent with the objectives and purposes of the Organization or the provisions of the Constitution of the Organization. If the Council considers it desirable, it may refer these amendments to the Conference of the Organization, which shall have the same power. However, any amendment involving new obligations for Members shall come into force with respect to each Member only on formal acceptance of it by that Member, through an instrument of acceptance deposited with the Director-General of the Organization, after two-thirds of the contracting Parties have accepted the amendment concerned. The Director-General shall inform all the Members of the Commission, all Members and Associate Members of FAO, as well as the Secretary-General of the United Nations, of the receipt of instruments of acceptance and of the entry into force of such amendments. The rights and obligations of any Member of the Commission that has not accepted an amendment involving additional obligations shall continue to be governed by the provisions of this Agreement as they stood prior to the amendment.
ARTICLE XIII
Acceptance
1. In accordance with Article I (2), this Agreement shall be open to acceptance by Members and Associate Members of the Organization as well as by non-member States of the Organization that are coastal States or Associate Members whose territories are situated wholly or partly within the Area defined in Article IV.
2. Acceptance of this Agreement by any Member or Associate Member of the Organization that is a coastal State or Associate member whose territories are situated wholly or partly within the Area defined in Article IV, shall be effected by the deposit of an instrument of acceptance with the Director-General of the Organization, the depositary of this Agreement, and shall take effect on receipt of such instrument by the Director-General.
3. The Director-General of the Organization shall immediately inform all Members of the Commission, all Members and Associate Members of the Organization and the Secretary-General of the United Nations of all acceptances that have become effective.
4. Acceptance of this Agreement may be made subject to reservations in accordance with the general rules of public international law as reflected in the provisions of Part II, Section 2 of the Vienna Convention on the Law of Treaties of 1969.
ARTICLE XIV
Entry into force
This Agreement shall enter into force as from the date of receipt by the Director-General of the third instrument of acceptance.
ARTICLE XV
Withdrawal
1. Any Member may withdraw from this Agreement at any time after the expiration of two years from the date upon which the Agreement entered into force with respect to that Member, by giving written notice of such withdrawal to the Director-General of the Organization who shall immediately inform all the Members of the Commission and the Members of the Organization of such withdrawal. Notice of withdrawal shall become effective three months from the date of its receipt by the Director-General of the Organization.
2. Any Member of the Commission that gives notice of withdrawal from the Organization shall be deemed to have simultaneously withdrawn from the Commission.
ARTICLE XVI
Interpretation and Settlement of Disputes
Any dispute regarding the interpretation or application of this Agreement, if not settled by the Commission, shall be referred to a committee composed of one member appointed by each of the parties to the dispute, and in addition an independent chairperson chosen by the members of the committee. The recommendations of such a committee, while not binding in character, shall become the basis for renewed consideration by the parties concerned of the matter out of which the disagreement arose. If, as the result of this procedure, the dispute is not settled, it shall be referred to the International Court of Justice in accordance with the Statute of the Court, unless the parties to the dispute agree to another method of settlement.
ARTICLE XVII
Termination
This Agreement shall be automatically terminated if and when, as the result of withdrawals, the number of Members of the Commission drops below three.
ARTICLE XVIII
Certification and Registration
Two copies in the Arabic, English, French and Spanish languages of this Agreement and of any amendments to this Agreement shall be certified by the Chairman of the Commission and by the Director-General of the Organization. One of these copies shall be deposited in the archives of the Organization. The other copy shall be transmitted to the Secretary-General of the United Nations for registration. In addition, the Director-General shall certify copies of this Agreement and transmit one copy to each Member and Associate Member of the Organization.
Resolution adopted by the Asia and Pacific Plant Protection Commission
The Commission:
Recognizing the need to revise the Plant Protection Agreement for the Asia and Pacific Region to bring it into line with the revised text of the International Plant Protection Convention and the Agreement on the Application of Sanitary and Phytosanitary Measures and with modern requirements for plant protection;
Further recognizing the need to strengthen the Commission; and
Noting that the amendments adopted by the Commission and approved by the FAO Council in 1983 to provide for an autonomous budget for the APPPC, which is essential for the effective functioning of the Commission, have not yet entered into force:
A. Amendments set out in Annex I (Appendix F of this Report)
(a) to establish interim sub-commissions, with the functions and in accordance with the procedures set out in the proposed amendments; and
(b) to develop and adopt, in accordance with the proposed amendments, interim regional and sub-regional standards, including but not limited to the development of pest risk analyses and the identification of pests for common action and recognition of pest-free areas and areas of low pest prevalence;
B. Amendments set out in Annex II (Appendix F of this Report)
C. Acceptance of amendments adopted in 1983
APPENDIX FREVISION OF THE PLANT PROTECTION AGREEMENT FOR THE ASIA AND PACIFIC REGION1 |
Revised Agreement Incorporating Amendments
(Except Amendments Relating to the South American Leaf Blight of Hevea)
PLANT PROTECTION AGREEMENT FOR
THE ASIA AND PACIFIC REGION
PREAMBLE
The Contracting Governments,
have concluded the following Agreement, within the framework of Article XIV of the Constitution of the Food and Agriculture Organization of the United Nations, as a supplementary agreement under the International Plant Protection Convention :
________________________
1. This document consists of the text of the Agreement as currently in force and amendments other than amendments related to the South American leaf blight of Hevea. Amendments adopted by the Commission in 1983 to provide for an autonomous budget but not yet in force are included in footnotes to this document but are not reflected in the text.
ARTICLE I
Purpose and Responsibility
1. The Contracting Governments, with the purpose of securing common and effective action in preventing the introduction and spread of pests of plants and plant products, promoting appropriate measures for their control, and facilitating trade while protecting the sustainability of agriculture and protecting plant, human and animal health and the environment, undertake to adopt the legislative, technical and administrative measures specified in this Agreement.
2. Each Contracting Government shall assume responsibility, without prejudice to obligations assumed under other international agreements, for the fulfilment within its territory of all requirements under this Agreement.
3. Where appropriate, the provisions of this Agreement may be deemed by Contracting Governments 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.
ARTICLE II
Use of Terms
In this Agreement and in Appendix B hereto, the following terms shall have the meaning hereby assigned to them, except where the context otherwise requires:
"Asia and Pacific Region" (hereinafter called The Region) all territories in Asia, east of the western boundary of Pakistan and of the western boundary of China and south of the northern boundary of China and west of the eastern boundary of China, together with all those territories in the Pacific Ocean, the South China Sea and the Indian Ocean situated wholly or partly in the area bounded by longitude 100o East, latitude 45o South, longitude 130o West, latitude 38o North to the point of its intersection with the eastern coast of China;
"Commission" - the Asia and Pacific Plant Protection Commission established in pursuance of Article III of this Agreement;
"Control" suppression, containment or eradication of a pest population;
"Genetically modified organism" - an organism in which the genome of the
organism has been modified by any one or more of the following means:
For the purposes of this definition, "organism" means any biological entity capable of transferring or replicating its genetic material, including sterile organisms, viruses and viroids;
"International standards" - international standards established under the International Plant Protection Convention or under the auspices of its Secretariat;
"Introduction" - the entry of a pest resulting in its perpetuation, for the foreseeable future, within an area after entry;
"Official" established, authorized or performed by a national plant protection organization;
"Organization" - the Food and Agriculture Organization of the United Nations;
"Pest" - any species, strain or biotype of plant, animal or pathogenic agent injurious to plants or plant products;
"Pest free area" an area in which a specific pest does not occur as demonstrated by scientific evidence and in which, as appropriate, this condition is being officially maintained;
"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;
"Regulated article" - any plant, plant product, storage place, packing, conveyance, container, soil or 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 Government;
"Regulated pest"- a quarantine pest or a regulated non-quarantine pest;
"Treatment"- officially authorized procedure for the killing, removal or rendering infertile of pests.
ARTICLE III
Establishment of the Asia and Pacific Plant Protection Commission
The Contracting Governments hereby establish a regional Commission, to be known as the Asia and Pacific Plant Protection Commission.
ARTICLE IV
Functions of the Commission
1. The functions of the Commission shall include:
ARTICLE V
Procedures of the Commission
1. Each Contracting Government shall be represented on the Commission and shall have one vote2. A majority of the Contracting Governments shall constitute a quorum.
2. The Contracting Governments 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 Governments present and voting, except as otherwise provided in this Agreement.
3. The Commission shall meet whenever convened by the Chairperson of the Commission after consultation with the Director-General of the Organization. The Chairperson shall convene the Commission at least once every two years or when so requested by at least one third of the Contracting Governments.
4. The Commission shall elect from amongst the delegates a Chairperson who shall serve for a period of two years. The Chairperson shall be eligible for re-election.
5. Expenses incurred by delegates of Contracting Governments in attending sessions of the Commission shall be determined and paid by their respective Governments. The Director-General of the Organization shall appoint and provide the secretariat of the Commission from the staff of the Organization who shall serve only during the sessions of the Commission. The expenses of the secretariat of the Commission shall be determined and paid by the Organization3.
6. The Commission shall establish its own rules of procedures.
_______________________
1. Text added pursuant to amendments adopted in 1983 but not yet in force:
2. Text added pursuant to amendments adopted in 1983 but not yet in force:(m) the adoption of the programme of activities and the budget for the ensuing financial period, and their transmission to the Director-General for submission to the Council of the Organization prior to implementation.
However, a contracting Government which is in arrears in the payment of its financial contributions to the Commission, shall have no vote if the amount of its arrears equals or exceeds the amount of the contributions due from it for the two preceding financial years.
3. This paragraph deleted pursuant to amendments adopted in 1983 but not yet in force.
ARTICLE VI
Sub-commissions
1. The Commission may establish regional sub-commissions. Criteria for membership of regional sub-commissions shall include ecogeographic zoning, crops, pests, geographical proximity, defensible quarantine regions and trade relationships.
2. A Contracting Government may be member of more than one sub-commission.
3. A sub-commission shall provide a forum for consultation and cooperation on plant protection matters affecting the members of the sub-commission and, in addition to any special functions conferred on it by this Agreement, shall exercise, as appropriate, the functions of the Commission on those matters, with the exception of the adoption of regional standards.
4. A sub-commission may recommend regional standards for adoption by the Commission.
ARTICLE VII
Secretariat
1. The Director-General of the Organization shall appoint and provide the secretariat of the Commission from the staff of the Organization.
2. In the event that the Commission has its own autonomous budget, the Director-General shall appoint the Secretary of the Commission with the approval of the Commission.
3. 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 Agreement and shall report thereon to the Commission.
4. The secretariat shall cooperate with the sub-commissions in achieving the aims of the Agreement.
ARTICLE VIII
Regional and Sub-regional Standards
1. The Contracting Governments agree to cooperate in the development of regional and sub-regional standards in accordance with the procedures adopted by the Commission.
2. Regional standards shall be adopted by the Commission by consensus.
3. Sub-regional standards shall be adopted by the sub-commission concerned by consensus and shall be reported to the Commission.
4. Regional and sub-regional standards shall be consistent with the principles of the International Plant Protection Convention.
5. Contracting Governments should take into account, as appropriate, standards adopted under this Agreement when undertaking activities related to this Agreement.
ARTICLE IX
International Cooperation
The Commission shall cooperate with the bodies established under the International
Plant Protection Convention, with regional plant protection organizations established
under that Convention and, as appropriate, other relevant international organizations to
the fullest practicable extent in achieving the aims of this Agreement, and shall in
particular:
ARTICLE X1
Reserved
ARTICLE XI2
Reserved
_____________________
1 Text added pursuant to amendments adopted in 1983 but not yet in force:Finance
1. Each Member of the Commission undertakes to contribute its share of the biennial budget, as approved by the Commission by a two-thirds majority of its Members at the session to be convened by the Director-General of the Organization at least once every two years in accordance with paragraph 3 of Article II. The contribution of each Member shall be divided into two equal instalments, one of which shall be payable at the beginning of the first year of the biennium, and the other at the beginning of the second year.
2. Where a Contracting Government becomes a Member of the Commission in the course of a biennium, its contribution for that biennium shall be determined in accordance with principles established by the Commission.
3. Contributions shall be made in cash and shall be payable in currencies to be determined by the Commission after consultation with each Member and with the concurrence of the Director-General of the Organization.
4. Contributions from Members, as well as any supplementary contributions from Members or donations from other sources made to the Commission in order to support specific activities, shall be placed in one or more trust funds administered by the Director-General in conformity with the Financial Regulations of the Organization.
5. At the end of each financial period, any uncommitted balance in the Commissions budget shall be available to finance activities carried out in the following financial period.
6. In addition to making their contributions provided for in paragraph 1 or supplementary contributions in accordance with paragraph 4 of this Article, Members of the Commission may establish a national fund into which they may pay moneys in their national currency or in other currencies to be used for implementing the Commissions programmes and projects. Any such national fund shall be administered by the Member concerned.
2. Text added pursuant to amendments adopted in 1983 but not yet in force:
Expenses
1. The Director-General of the Organization shall appoint and provide the secretariat of the Commission from the staff of the Organization. The expenses of the Commission shall be paid out of its budget, with the exception of those relating to such staff and facilities as may be borne by the Organization within the limits of the biennial budget prepared by the Director-General of the Organization and approved by the Conference of the Organization.
2. Expenses incurred by representatives of Contracting Governments in attending sessions of the Commission shall be determined and paid by their respective governments.
ARTICLE XII
Regulated Pests
1. To assist in the undertaking of cooperative action on regulated pests, sub-commissions may compile data sheets, undertake pest risk analyses and develop standards to provide guidance on appropriate phytosanitary measures.
2. For the purpose of preventing the introduction of pests into a sub-region, each sub-commission may establish lists of pests regulated by the countries in the sub-region. For regulated pests included in such lists that are of common concern to countries in a sub-region, each Contracting Government in the sub-region concerned should take into account, as appropriate, with respect to the importation of plants, plant products or other regulated articles from anywhere outside the sub-region, such standards as may be adopted by the sub-commission concerned, without prejudice to such additional measures as the importing Contracting Government may require.
ARTICLE XIII
Measures to Prevent the Spread of Pests Within the Region
For the purpose of preventing the spread of pests within the Region, each Contracting Government should take into account, as appropriate, with respect to the importation into its territory of any plants, plant products or any other regulated articles, from another territory within the Region, such standards as may be adopted by the Commission, without prejudice to such additional measures as the importing Contracting Government may require.
ARTICLE XIV
Measures to Exclude South American Leaf Blight of Hevea
from the Region
In view of the importance of the Hevea rubber industry in the Region, and of the danger of introducing the destructive South American leaf blight (Dothidella ulei) of the Hevea rubber tree, the Contracting Governments shall take the measures specified in Appendix B to this Agreement. Appendix B to this Agreement may be modified by a decision of the Commission taken unanimously.
ARTICLE XV
Settlement of Disputes
1. If any dispute arises regarding the interpretation or implementation of this Agreement, or regarding action taken by any Contracting Government under this Agreement, the Contracting Governments concerned shall make every effort to settle the dispute amicably through consultations and/or negotiations between them, or such other peaceful methods of dispute resolution as they may choose.
2. If the dispute cannot be resolved by the means referred to in paragraph 1, it shall, upon the request of any of the Contracting Governments concerned be submitted to the Commission, which may consider the matter in accordance with such rules and procedures as it may establish, and which may offer to the Contracting Governments concerned other facilities for resolving the dispute.
3. If the dispute cannot be resolved by the means referred to in paragraphs 1 and 2, the Contracting Government or Governments concerned may request the Director-General of FAO to appoint a committee of experts to consider the matter in dispute, in accordance with rules and procedures that may be established by the Commission. Such rules and procedures shall be consistent with any rules and procedures on dispute settlement established under, or in connection with, the International Plant Protection Convention.
4. This Committee shall include representatives designated by each Contracting Government concerned. The Committee shall consider the matter in dispute, taking into account all documents and other forms of evidence submitted by the Contracting Governments 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 Governments concerned. The report may also be submitted, upon its request, to the competent body of the international organization responsible for resolving trade disputes.
5. 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 Contracting Governments concerned of the matter out of which the disagreement arose.
6. The Contracting Governments concerned shall share the expenses of the experts.
7. 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, that may be applicable to a dispute within the meaning of this Article.
ARTICLE XVI
Rights and Obligations of Contracting Governments not Parties
to the International Plant Protection Convention
Nothing in the International Plant Protection Convention shall affect the rights and obligations under this Agreement of Contracting Governments that are not parties to the Convention.
ARTICLE XVII
Amendment
1. Any proposal by a Contracting Government for the amendment of this Agreement, except Appendix B, shall be communicated to the Director-General of the Organization.
2. Any proposed amendment of this Agreement received by the Director-General of the Organization shall be presented to a session of the Commission for approval.
3. Notice of any proposed amendment of this Agreement shall be transmitted to the Contracting Governments by the Director-General of the Organization not later than the time when the agenda of the session of the Commission at which the matter is to be considered is dispatched.
4. Amendments of this Agreement shall be adopted by the Commission by a two-thirds majority vote of the Contracting Governments present and voting and shall be subject to approval by the Council of the Organization.
5. Any amendment of this Agreement approved by the Council of the Organization shall come into force for all Contracting Governments as from the thirtieth day after acceptance by two thirds of the Contracting Governments. Any amendment involving new obligations for Contracting Governments, however, shall come into force in respect of each Contracting Government, after its acceptance by two thirds of the Contracting Governments, only on acceptance by it and as from the thirtieth day after such acceptance.
6. The instruments of acceptance of amendments shall be deposited with the Director-General of the Organization. The effective date of acceptance shall be the date of such deposit. The Director-General of the Organization shall inform all Contracting Governments of the receipt of acceptances and the entry into force of amendments.
ARTICLE XVIII
Signature and Adherence
1. The Government of any State situated in the Region, or any Government which is responsible for the international relations of a territory or territories in the Region, may become a party to this Agreement, by either
(a) signature; or
(b) signature subject to ratification followed by such ratification; or
(c) adherence.
Governments may not subject their signature, ratification or adherence to any reservation.
2. This Agreement, the text of which was approved by the Council of the Organization on 26 November 1955, shall be open for signature until 30 June 1956 or until the date of its entry into force in conformity with the provisions of Article XIX paragraph 1, whichever date is the later. The Director-General of the Organization shall immediately inform all signatory parties of the signature of this Agreement by any other Government. Ratification shall be effected by the deposit of an instrument of ratification with the Director-General of the Organization and shall become effective as from the date of deposit.
3. This Agreement shall be open for adherence as from 1 July 1956 or from the date of its entry into force in conformity with the provisions of Article XIX, paragraph 1 , whichever date is the later. Adherence shall be effected by the deposit of an instrument of adherence with the Director-General of the Organization and shall become effective as from the date of deposit.
4. The Director-General of the Organization shall immediately inform all signatory and adhering Governments of the deposit of an instrument of ratification or of adherence.
ARTICLE XIX
Entry into force
1. This Agreement shall come into force as soon as three Governments have become parties to it, either by signature, or by signature subject to ratification followed by such ratification.
2. The Director-General of the Organization shall notify all signatory Governments of the date of entry into force of this Agreement.
ARTICLE XX
Denunciation and Termination
1. Any Contracting Government may, at any time after the expiration of one year from the date on which it became a party to the Agreement, or from the date on which the Agreement entered into force, whichever is the later, denounce this Agreement by notification addressed to the Director-General of the Organization, who shall at once inform all signatory and adhering Governments of the denunciation.
2. The denunciation shall take effect one year from the date of receipt of the notification by the Director-General of the Organization.
3. This Agreement shall automatically be terminated should the parties to it become fewer than three as the result of denunciations.
IN WITNESS WHEREOF the undersigned, duly authorized to that effect, have signed this Agreement on behalf of their respective Governments on the dates appearing opposite their signatures.
Done at Rome on the twenty-seventh day of February one thousand nine-hundred and fifty six in two copies in the English, French and Spanish languages, which languages shall be equally authoritative. The text of this Agreement shall be authenticated by the Chairperson of the Council of the Organization and the Director-General of the Organization. After expiry of the period during which the Agreement is open for signature, in accordance with Article XVIII, paragraph 2, one copy of the Agreement shall be deposited with the Secretary-General of the United Nations and the other in the archives of the Organization. Additional copies of this text shall be certified by the Director-General of the Organization and furnished to all Governments parties to the Agreement, with the indication of the date on which it has come into force.
APPENDIX B OF THE PLANT PROTECTION AGREEMENT FOR THE ASIA AND PACIFIC REGION - MEASURES TO EXCLUDE SOUTH AMERICAN LEAF BLIGHT OF HEVEA FROM THE REGION |
1. In this Appendix
2. Each Contracting Government shall prohibit by law the importation into its territory
or territories of any plant or plants of the genus Hevea from outside the Region, unless
3. Each Contracting Government shall prohibit by law the importation into its territory or territories of any plant or plants of the genus Hevea capable of further growth or propagation (excluding seed) from the American tropics or from any other country in which South American leaf blight (Dothidella ulei) is present, unless, in addition to the requirements of paragraph 2 of this Appendix, at a place approved by the Competent Authority of the importing territory and situated outside the Region and outside the American tropics and any other country in which South American leaf blight (Dothidella ulei) is present, such plant or plants have been grown for an adequate period at a plant quarantine station for Hevea and each consignment of such plant or plants is accompanied or covered by a certificate to the effect that the above requirements have been fulfilled, and signed by the officer-in-charge of such quarantine station.
4. Each Contracting Government shall prohibit by law the importation into its territory or territories of any seed of any plant of the genus Hevea from the American tropics or from any other country in which South American leaf blight (Dothidella ulei) is present, unless, in addition to the requirements of paragraph 2 of this Appendix, such seed, having been examined and again disinfected at a place approved by the Competent Authority of the importing territory and situated outside the Region and outside the American tropics and any other country in which South American leaf blight (Dothidella ulei) is present, has been repacked with new packing materials in new containers, and unless each consignment of such seed is accompanied or covered by a certificate to the effect that the above requirements have been fulfilled, and signed by the officer-in-charge of these operations.
5. Each Contracting Government shall prohibit by law the importation into its territory or territories of any plant or plants of the genus Hevea not capable of further growth or propagation (such as fresh or dried herbarium specimens); unless, in addition to the requirements of sub-paragraphs (a), (b) and (d) of paragraph 2 of this Appendix, the Competent Authority of the importing country is satisfied that such plant or plants are required for a legitimate special purpose and that such plant or plants have been sterilized in the country of origin by a method satisfactory to the said Competent Authority.
6. Each Contracting Government shall prohibit by law the importation into its territory or territories of any plant or plants other than the genus Hevea, capable of further growth or propagation and originating in the American tropics or in any other country in which South American leaf blight (Dothidella ulei) is present, unless written permission has been granted for each consignment of such plant or plants by the Competent Authority of the importing territory or territories and the importation is in accordance with such special conditions as may be imposed by the Competent Authority in granting such permission.
7. The Competent Authority of any territory or territories into which any plant or plants of the genus Hevea are imported for further growth or propagation shall ensure that such plant or plants are grown under control for such period as will ensure that such plant or plants are free from all pests and diseases before they are released.