PREAMBLE
The contracting [Governments] parties, recognizing the usefulness of international cooperation in controlling pests [and diseases] of plants and plant products and in preventing their [introduction and spread across national boundaries] spread, and their introduction across national boundaries, and desiring to ensure close coordination of measures directed to these ends, have agreed as follows:
ARTICLE I
Purpose and Responsibility
ARTICLE II
Scope
1. For the purposes of this Convention the term “plants” 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 (i)(a)(iv) and V of this Convention may be deemed necessary by contracting [Governments] parties; 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” [.]) and those manufactured products which, by their nature or that of their processing, may create a risk for the spread of pests.
2. For the purposes of this Convention, the term “pest” means any form of plant or animal life, or any pathogenic agent, injurious or potentially injurious to plants or plant products; and the term “quarantine pest” means a pest of potential national economic importance to the country endangered thereby and not yet present there, or present but not widely distributed and being actively controlled.
[2] 3. Where appropriate [T] the provisions of this Convention may be deemed by contracting [Governments] Parties 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] and any material capable of harbouring or spreading plant pests, particularly where international transportation is involved.
[3] 4. This Convention [shall have particular reference to pests and diseases of importance to international trade] applies mainly to quarantine pests involved with international trade.
5. 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.
ARTICLE III
Supplementary Agreements
ARTICLE IV
National Organization for Plant Protection
1. Each contracting [Government] party shall make provision, as soon as possible 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] or 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] where appropriate, 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] issuance 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] party 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] parties.
ARTICLE V
Phytosanitary Certificates
1. Each contracting [Government] party shall make arrangements for the [issue] issuance of phytosanitary certificates to accord with the plant protection regulations of other contracting [Governments] parties, and in conformity with the following provisions:
(a) Inspection shall be carried out and certificates 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] for the export or re-export of material 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 certificates may also be used for other plants or plant products where appropriate and not inconsistent with the requirements of the importing country.
[(c) The certificate shall bear no alterations or erasures.] (c) Uncertified alterations or erasures shall invalidate the certliflcates.
(d) Any requirement for additional declarations shall be kept to a minimum.
2. Each contracting [Government] party 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 models 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 and plant products into their territories, contracting [Governments] parties 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 and, in particular, list pests whose introduction is prohibited or restricted;
(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 which do not comply with the requirements prescribed under sub-paragraph (a) or (b) of this paragraph, or require such consignments to be treated or destroyed or removed from the country.
2. In order to minimize interference with international trade, each contracting [Government] party undertakes to carry out the provisions referred to in paragraph 1 of this Article in conformity with the following:
(a) Contracting [Governments] parties shall not, under their 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] party 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] to FAO, any regional plant protection organization of which the contracting party is a member and other contracting parties.
(c) If a contracting [Government] party 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] FAO, any regional plant protection organization of which the contracting party is a member and other contracting parties.
(d) If a contracting [Government] 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 unnecessarily to impede international commerce. The contracting [Govemment] party shall publish a list of such points of entry and communicate it [to the plant protection services of other contracting Governments and to FAO] to FAO, any regional plant protection organization of which the contracting party is a member and other contracting parties. 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] organization of a contracting [Government] party 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 certified consignment of plants or plant products 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] the plant protection organization of the importing country must ensure that the plant protection organization of the exporting country is properly and adequately informed. If the consignment is destroyed, in whole or in part, an official report shall be forwarded immediately to the plant protection [service] organization of the exporting country.
(f) Contracting [Governments] parties 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] to keep certification requirements to a minimum, particularly for plants or plant products not intended for planting [, such as cereals, fruits, vegetables and cut flowers].
(g) Contracting [Governments] parties may make provisions, with adequate safeguards, for the importation for purposes of scientific research or education, 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]. Adequate safeguards likewise need to be taken when introducing biological control agents and organisms claimed to be beneficial.
3. The measures specified in this Article shall not be applied to goods in transit throughout the territories of contracting [Governments] parties unless such measures are necessary for the protection of their own plants.
4. FAO shall disseminate information received on importation restrictions, requirements, prohibitions and regulations (as specified in paragraph 2(b), (c) and (d) of this Article) at frequent intervals to all contracting parties and regional plant protection organizations.
ARTICLE VII
International Cooperation
The contracting [Governments] parties shall cooperate with one another to the fullest practicable extent in achieving the aims of this Convention, in particular as follows:
(a) Each contracting [Government] party agrees to cooperate 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] existence, 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] party 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 Organizations
ARTICLE IX
Settlement of Disputes
ARTICLE X
Substitution of Prior Agreements
This Convention shall terminate and replace between contracting [Govemments] parties, the International Convention respecting measures to be taken against the Phylloxera vastratix of 3 November 1881, the additional Convention for the Protection of Plants signed at Rome on 16 April 1929.
ARTICLE XI
Territorial Application
ARTICLE XII
Ratification and Adherence
ARTICLE XIII
Amendment
ARTICLE XIV
Entry into Force
As soon as this Convention has been ratified by three signatory [Governments] States it shall come into force between them. It shall come into force for each [Government] State ratifying or adhering thereafter from the date of deposit of its instrument of ratification or adherence.
ARTICLE XV
Denunciation
Model Phytosanitary Certificate annexed to the International Plant Protection Convention
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 ––––––––––––– ––––––––– ––– Treatment ––––––––––––– ––––––––– –––––––––– ––––
Duration of exposure –––––––––––––– ––––––––– –––––––– ––––––––– ––– Chemical and
concentration–––––––– –––––––– ––––––––– ––––– – –––––––– –––––––––––––––––––––––––
––––––––––––––––––– –––––––– ––––––––– ––––– – –––––––– –––––––––––––––––––––––––
Additional declaration
– ––––– ––––––––––––––––––19–––
–––––––––––––––––––––––––––––
(SIGNATURE)
(Stamp of the Service)
– ––––– –––––––––––––––––––––––
(RANK)
––––––––––––––––––– –––––––– ––––––––– ––––– – –––––––– –––––––––––––––––––––––––
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):____________________________________
Model Phytosanitary Certificate
proposed by the Government Consultation
MODEL PHYTOSANITARY CERTIFICATE
(to be typed or printed in block letters)
Plant Protection Organization No._______________________________________
of________________________________
TO: Plant Protection Organization(s)
of__________________________________________________________________________
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 or plant products described above have been inspected and found free from quarantine pests, and substantially free from other injurious pests; and that they are considered to conform with the current phytosanitary regulations of the importing country.
________________________________________________________________________________
DESINFESTATION AND/OR DISINFECTION TREATMENT
Date ________________________________Treatment ________________________________
Chemical (active ingredient) ___________Duration and temperature_______________________
Concentration __________________________ Additional information ______________________
________________________________________________________________________________
Additional declaration: ________________________________________________________
Place of issue ____________________________________________
(Stamp of Organization) Name of authorized officer _________________________________
Date _________________________
____________________________________________
(Signature)
____________________________________________________________________________
No financial liability with respect to this certificate shall attach to ... (name of Plant Protection
Organization) ... or to any of its officers or representatives. *
__________________________________________________________________________
* Optional clause.
Model Phytosanitary Certificate for Re-export
proposed by the Government Consultation
MODEL PHYTOSANITARY CERTIFICATE FOR RE-EXPORT
Plant Protection Organization No.______________________________________
of___________________________________ (country of re—export)
TO: Plant Protection Organization(s)
of____________________________________ (country(ies) of re—export)
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 products described above were imported into
...(country of re—export) ... from ...
(country 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 regulations of the importing country, and that during storage in ... (country of re—export) ... the consignment has not
been subjected to the risk of infestation or infection. '
* Insert tick in appropriate boxes, □
_____________________________________________________________________________
DISINFESTATION AND/OR DISINFECTION TREATMENT
Date ________________________________ Treatment ________________________________
Chemical (active ingredient)______________ Duration and temperature___________________
Concentration_________________________ Additional information _______________________
_____________________________________________________________________________
Additional declaration:
_____________________________________________________________________________
Place of issue ________________________________________
(Stamp of Organization) Name of authorized officer ___________________________________
Date_________________ ___________________________________
(Signature)
No financial liability with respect to this Certificate shall attach to … (name of Plant Protection Organization) … or to any of its officers or representatives.**
* This Appendix reproduces the text of the Convention as at present in force, with the words that it is proposed to delete being placed within square brackets and the words that it is proposed to add being underlined.
**Optional clause.