AMENDMENTS TO THE
PLANT PROTECTION AGREEMENT FOR THE ASIA AND
The Contracting Governments, desiring to prevent, through
concerted action, the introduction into and spread
within the Asia and Pacific Region of destructive
plant diseases and pests, have concluded the
following Agreement, which is a supplementary agreement
under Article III of the International Plant
Protection Convention of 1951:
In this Agreement and in the appendices hereto, the following terms shall have the
meaning hereby assigned to them, save as otherwise provided:
- “The Asia and Pacific Region, hereinafter called ‘The Region’ comprises
all territories in Asia, east of the western [border] boundary of Pakistan and
of the Himalayas, the southern border of China and west of the eastern coast of
Viet Nam,] 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 100°g; East,
latitude 45°g; South, longitude 130°g; West, latitude 38°g; North to the point of its
intersection with the eastern coast of China, [western coast of the Republic of Korea, and from that point a
straight line to Taipei, and thence a straight line to the point of intersection
of the eastern coast of Viet Nam and latitude 15° North. For the purpose of
implementing the objectives of this Agreement Hong-Kong shall also be considered
as being in the Region.]”
- “plant” of “plants” means all species of plants or parts thereof,
whether living or dead (including stems, branches, tubers, bulbs, corms, stocks,
budwood, cuttings, layers, slips, suckers, roots, leaves, flowers, fruits,
seeds, and any other parts of plants);
- “territory” means a State or Territory within the Region defined in (a)
- “the Organization” means the Food and Agriculture Organization of the United
- “the Commission” means the Asia and Pacific Plant Protection Commission
established in pursuance of Article II of this Agreement.
- The Contracting Governments hereby establish a regional Commission, to be known
as the Asia and Pacific Plant Protection Commission, whose functions shall
- the determination of procedures and arrangements necessary for the
implementation of this Agreement and the making of recommendations to the
Contracting Governments accordingly;
- the review of reports submitted by the Contracting Governments of progress in
the implementation of this Agreement;
- the consideration of problems requiring cooperation on a regional basis and of
measures for mutual assistance;
- 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.
- Each Contracting Government shall be represented on the Commission and shall
have one vote. 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 arreàrs equals or exceeds the amount of the contributions due
from it for the two preceding financial years. A majority of the Contracting
Governments shall constitute a quorum. Decisions of the Commission shall be
taken by a majority of the votes cast except as otherwise provided in this
- The Commission shall meet whenever convened by the Director-General of the
Organization after consultation with the Chairman of the Commission. The
Director-General of the Organization shall convene the Commission at least once
every two years or when so requested by a least one third of the Contracting
- The Commission shall elect from amongst the delegates a Chairman who shall serve
for a period of two years or until the first session of the Commission held
after the expiration of the period of two years. The Chairman shall be eligible
- [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 Organization.]
- 5. The Commission shall establish its own rules
- 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.
- 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.
- 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.
- 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-Geneal in conformity with the Financial Rçulations
of the Organization.
- At the end of each financial period, any uncommitted balance in the Commission’s
budget shall be available to finance activities carried out in the following
- 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 Commission’s programmes and projects. Any such national fund
shall be administered by the Member concerned.
- 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.
- Expenses incurred by representatives of Contracting Governments in attending sessions of
the Commission shall be determined and paid by their respective governments.
ARTICLE [III] V
Measures Regarding the Importation of Plants from Outside
For the purpose of preventing the introduction into its territory or territories of
destructive diseases and pests,and in particular those listed in Appendix A to
this Agreement, each Contracting Government shall use its best endeavours to
apply, with respect to the importation of any plants, including their packings
and containers, and any packings and containers of plant origin, from anywhere
outside the Region, such measures of prohibition, certification, inspection,
disinfection, disinfestation, quarantine, destruction or other measures as may
be recommended by the Commission, taking into consideration the provisions of
Articles V and VI of the International Plant Protection Convention.
Appendix A to this Agreement may be modified by a decision of the Commission.
ARTICLE [IV] VI
Measures to Exclude South American Leaf Blight of Hevea from
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 [V] VII
Measures Regarding Movement of Plants within the Region
For the purpose of preventing the spread within the Region of destructive diseases
and pests, each Contracting Government shall use its best endeavours to apply,
with respect to the importation into its territory of any plants, including
packings and containers, and any packings and containers of plant origin, from
another territory within the Region, such measures of prohibition,
certification, inspection, disinfection, disinfestation, quarantine, destruction
or other measures as may be recommended by the Commission, in addition to
measures already adopted by each Contracting Government.
ARTICLE [VI] VIII
This Agreement shall not apply to the following plants and plant products except
insofar as any such plants or plant products are explicitly made subject to
specific measures of control provided in this Agreement or recommended by the
- any plants imported for food or for analytical, medicinal or manufacturing purposes;
- all seeds of annual or biennial field crops or vegetables, and all seeds or cut
flowers of annual, biennial or perennial ornamental plants which are essentially herbaceous in character; and
- any processed plant products.
ARTICLE [VII] IX
Settlement of Disputes
If there be any dispute regarding the interpretation or implementation of this
Agreement, or regarding action taken by any Contracting Government under this
Agreement, and such dispute cannot be resolved by the Commission, the Government
or Governments concerned may request the Director-General of the Organization to
appoint a committee of experts to consider such dispute.
ARTICLE [VIII] X
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 of Contracting Governments which are not parties to the Convention.
ARTICLE [IX] XI
- Amy proposal by a Contracting Government for the amendment of this Agreement,
except Appendices A and B, shall be communicated, through the Commission, to the
Director-General of the Organization.
- Amy proposed amendment of this Agreement received by the Director-General of the
Organization shall be presented to a session of the Council of the Organization
- 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 Council at which the matter
is to be considered is despatched.
- Any such amendment of this Agreement, approved by the Council of the
Organization, shall come into force with respect to all Contracting Governments
as from the thirtieth day after acceptance by two-thirds of the Contracting
Governments. Amendments involving new obligations for Contracting Governments,
however, shall come into force in respect of each Contracting Government only on
acceptance by it and as from the thirtieth day after such acceptance.
- 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 [X] XII
Signature and Adherence
- 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
- signature; or
- signature subject to ratification followed by such ratification; or
nay not subject their signature, ratification or adherence to any reservation.
- 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 [XI] XIII paragraph 1, whichever date is the later. The
Director-General of the Organization shall immediately inform all signatory
Governments 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.
- 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 [XI] XIII
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.
- The Director-General of the Organization shall immediately inform all signatory
and adhering Governments of the deposit of an instrument of ratification or of
ARTICLE [XI] XIII
Entry into force
- 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.
- The Director-General of the Organization shall notify all signatory Governments
of the date of entry into force of this Agreement.
ARTICLE [XII] XIV
Denunciation and Termination
- 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
- The denunciation shall take effect one year from the date of receipt of the
notification by the Director-General of the Organization.
- This Agreement shall automatically be terminated should the parties to it become
fewer than three as the result of denunciations.
- On termination of the Agreement all assets of the Commission shall be
liquidated by the Director-General of the Organization. After settlement of the
liabilities, the balance of contributions from Members shall be distributed
amongst those Contracting Governments that were Members of the Commission on the
date on which termination of the Agreement took effect, on the basis of the
biennial budget that was current at that date. A Member whose contributions were
in arrears or overdue on such date shall not be entitled to a share of the
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 Chairman 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 X,* 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.
* Now renumbered Article XII.