F. Special request of the government of San Marino for permanent consultative status
Note by the Director-General to the Conference
Recently the Government of the Republic of San Marino approached the Director-General to inquire about the possibility of the
Republic of San Marino becoming a member of the Organization. In response, the Director-General communicated full particulars to the Chancellor of the Republic of San Marino concerning the procedure for admission and the obligations of Member States.
After considering the information supplied by the Director-General, the Government of San Marino decided, on purely financial grounds, not to apply for admission to the Organization, but inquired about the possibility of arrangements being made for participation in the work of the Organization. In a letter dated 18 October 1951, the Government of San Marino submitted an official request to be represented at Conference sessions and other meetings of the Organization through a permanent observer:
Rome, 18 October 1951
Mr. NORRIS E. DODD
Director-General of FAO
In pursuance of the information you have kindly given me in your letter of 6th inst., I must inform you that the Government of San Marino regrets for financial reasons, to be unable to participate in the work of the Food and Agriculture Organization of the United Nations by sending a Permanent Delegate, and has decided to request by this letter, that it be empowered to follow the activities of FAO by means of an observer.
I feel confident that this request will be favorably received, and expect to inform you in due course of the name of the person to whom this office will be entrusted. I beg to accept the assurance of my highest esteem,
The Secretary of State for Foreign Affairs, (signed) G. GIACOMINI
In reply, the Director-General informed the Secretary of State for Foreign Affairs of the Republic of San Marino that he would propose to the Council that this inquest be submitted to the next session of the Conference, meeting in Rome on 19 November 1951.
G. International plant protection convention
The contracting Governments, recognizing the usefulness of international co-operation in controlling pests and diseases of plants and plant products and in preventing their introduction and spread across national boundaries, and desiring to ensure close coordination of measures directed to these ends, have agreed as follows:
Purpose and Responsibility
1. With the purpose of securing common and effective action to prevent the introduction and spread of pests and diseases of plants and plant products and to promote measures for their control, the contracting Governments undertake to adopt the legislative, technical and administrative measures specified in this Convention and in supplementary agreements pursuant to Article III.
2. Each contracting Government shall assume responsibility for the fulfillment within its territories of all requirements under this Convention.
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; and the tern "plant products" shall comprise unmanufactured and milled material of plant origin, including seeds in so far as they are not included in the term "plants."
2. The provisions of this Convention may be deemed by contracting Governments to extend to storage places, containers, conveyances, packing material and accompanying media of all sorts including soil involved in the international transportation of plants and plant products.
3. This Convention shall have particular reference to pests and diseases of importance to international trade.
1. Supplementary agreements applicable to specific regions, to specific pests or diseases, to specific plants and plant products, to specific methods of international transportation of plants and plant products, or otherwise supplementing the provisions of this Convention, may be proposed by the Food and Agriculture Organization of the United Nations (hereinafter referred to as "FAO") on the recommendation of a contracting Government or on its own initiative, to meet special problems of plant protection which need particular attention or action.
2. Any such supplementary agreements shall come into force for each contracting Government after acceptance in accordance with the provisions of the FAO Constitution and Rules of Procedure.
National Organization for Plant Protection
1. Each contracting Government shall mate provision, as soon as possible and to the best of its ability, for
(a) an official plant protection organization, with the following main functions:
(i) the inspection of growing plants, of areas under cultivation (including fields, plantations, nurseries, gardens and green houses), and of plants and plant products in storage and in transportation particularly with the object of reporting the existence. Outbreak and spread of plant diseases and pests and of controlling those pests and diseases;
(ii) the inspection of consignments of plants and plant products moving in international traffic, and, as far as practicable, the inspection of consignments of other articles or commodities moving in international traffic under conditions where they may act incidentally as carriers of pests and diseases of plants and plant products, and the inspection and supervision of storage and transportation facilities of all kinds involved in international traffic whether of plants and plant products or of other commodities, particularly with the object of preventing the dissemination across national boundaries of pests and diseases of plants and plant products:
(iii) the disinfestation or disinfection of consignments of plants and plant products moving in international traffic, and their containers, storage places, or transportation facilities of all kinds employed;
(iv) the issue of certificates relating to phytosanitary condition and origin of consignments of plants and plant products (hereinafter referred to as "phytosanitary certificates");
(b) the distribution of information within the country regarding the pests and diseases of plants and plant products and the means of their prevention and control;
(c) research and investigation in the field of plant protection.
2. Each contracting Government shall submit a description of the scope of its national organization for plant protection and of changes in such organization to the Director-General of FAO, who shall circulate such information to all contracting Governments.
1. Each contracting Government shall make arrangements for the issue of phytosanitary certificates to accord with the plant protection regulations of other contracting Governments, and in conformity with the following provisions:
(a) Inspection shall be carried out and 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 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 fine model certificate may also be used for other plants or plant products where appropriate and not inconsistent with the requirements of the importing country.
(c) The certificates shall bear no alterations or erasures.
2. Each contracting Government undertakes not to require consignments of plants intended for planting or propagation imported into its territories to be accompanied by phytosanitary certificates inconsistent with the model set out in the Annex to this Convention.
Requirements in Relation to Imports
1. With the aim of preventing the introduction of diseases and pests of plants into their territories, contracting Governments shall have full authority to regulate the entry of plants and plant products, and to this end, may:
(a) prescribe restrictions or requirements concerning the importation of plants or plant products;
(b) prohibit the importation of particular plants or plant products, or of particular consignments of plants or plant products;
(c) inspect or detain particular consignments of plants or plant products;
(d) treat, destroy or refuse entry to particular consignments of plants or plant products, or require such consignments to be treated or destroyed.
2. In order to minimize interference with international trade, each contracting Government undertakes to carry out the provisions referred to in paragraph I of this Article in conformity with the following:
(a) Contracting Governments shall not, under their plant protection legislation, take any of the measures specified in paragraph I of this Article unless such measures are made necessary by phytosanitary considerations.
(b) If a contracting Government prescribes any restrictions or requirements concerning the importation of plants and plant products into its territories, it shall publish the restrictions or requirements and communicate them immediately to the plant protection services of other contracting Governments and to FAO.
(c) If a contracting Government prohibits, under the provisions of its plant protection legislation, the importation of any plants or plant products, it shall publish its decision with reasons and shall immediately inform the plant protection services of other contracting Governments and FAO
(d) If a contracting Government requires 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 Government shall publish a list of such points of entry and communicate it to the plant protection services of other contracting Governments and to FAO. Such restrictions on points of entry shall not be made unless the plants or plant products concerned are required to be accompanied by phytosanitary certificates or to be submitted to inspection or treatment.
(e) Any inspection by the plant protection service of a contracting Government of consignments of plants offered for importation shall take place as promptly as possible with due regard to the perishability of the plants concerned. If any consignment is found not to conform to the requirements of the plant protection legislation of the importing country, the plant protection service of the exporting country shall be informed. If the consignment is destroyed, in whole or in part, an official report shall be forwarded immediately to the plant protection service of the exporting country.
(f) Contracting Governments shall make provisions which, without endangering their own plant production, will reduce to a minimum the number of cases in which a phytosanitary certificate is required on the entry of plants or plant products not intended for planting, such as cereals, fruits, vegetables and cut flowers.
(g) Contracting Governments may make provision for the importation for purposes of scientific research of plants and plant products and of specimens of plant pests and disease causing organisms under conditions affording ample precaution against the risk of spreading plant diseases and pests.
3. The measures specified in this Article shall not be applied to goods in transit throughout the territories of contracting Governments unless such measures are necessary for the protection of their own plants.
The contracting Governments 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 agrees to co-operate with FAO in the establishment of a world reporting service on plant diseases and pests, making full use of the facilities and services of existing organizations for this purpose, and, when this is established, to furnish to FAO periodically the following information:
(i) reports on the occurrence, outbreak and spread of economically important pests and diseases of plants and plant products which may be of immediate or potential danger;
(ii) information on means found to be effective in controlling the pests and diseases of plants and plant products
(b) Each contracting Government shall, as far as is practicable, participate in any special campaigns for combating particular destructive pests or diseases which may seriously threaten crop production and need international action to meet the emergencies.
Regional Plant Protection Organization
1. The contracting Governments undertake to co-operate with one another in establishing regional plant protection organizations in appropriate areas.
2. The regional plant protection organizations shall function as the co-ordinating bodies in the areas covered and shall participate in various activities to achieve the objectives of this Convention.
Settlement of Disputes
1. If there is any dispute regarding the interpretation or application of this Convention, or if a contracting Government considers that any action by another contracting Government is in conflict with the obligations of the latter under Articles V and VI of this Convention, especially regarding the basis of prohibiting or restricting the imports of plants or plant products coming from its territories, the Government or Governments concerned may request the Director-General of FAO to appoint a committee to consider the question in dispute.
2. The Director-General of FAO shall thereupon, after consultation with the Governments concerned, appoint a committee of experts which shall include representatives of those Governments. This committee shall consider the question in dispute, taking into account all documents and other forms of evidence submitted by the Governments concerned. This committee shall submit a report to the Director-General of FAO who. shall transmit it to Governments concerned, and to other contracting Governments.
3. The contracting Governments agree that the recommendations of such a committee, while not binding in character, will become the basis for renewed consideration by the Governments concerned of the matter out of which the disagreement arose.
4. The Governments concerned shall share equally the expenses of the experts.
Substitution of Prior Agreements
This Convention shall terminate and replace, between contracting Governments the International Convention respecting measures to be taken against the Phylloxera vastatrix of 3 November 1881, the additional Convention signed at Berne on 15 April 1889 and the International Convention for the Protection of Plants signed at Rome on 16 April 1929.
1. Any Government may at the time of ratification or adherence or at any time thereafter communicate to the Director-General of FAO a declaration that this Convention shall extend to all or any of the territories for the international relations of which it is responsible, and this Convention shall be applicable to all territories specified in the declaration as from the thirtieth day after the receipt of the declaration by the Director-General.
2. Any Government which has communicated to the Director-General of FAO a declaration in accordance with paragraph I of this Article may at any time communicate a further declaration modifying the scope of any former declaration or terminating the application of the provisions of the present Convention in respect of any territory. Such modification or termination shall take effect as from the thirtieth day after the receipt of the declaration by the Director-General.
3. The Director-General of FAO shall inform all signatory and adhering Governments of any declaration received under this Article.
Ratification and Adherence
1. This Convention shall be open for signature by all Governments until I May 1952 and shall be ratified at the earliest possible date. The instruments of ratification shall be deposited with the Director-General of FAO, who shall give notice of the date of deposit to each of the signatory Governments.
2. As soon as this Convention has come into force in accordance with Article XIV, it shall be open for adherence by non-signatory Governments. Adherence shall be effected by the deposit of an instrument of adherence with the Director-General of FAO, who shall notify all signatory and adhering Governments.
1. Any proposal by a contracting Government for the amendment of this Convention shall be communicated to the Director-General of FAO.
2. Any proposed amendment of this Convention received by the Director-General of FAO from a contracting Government shall be presented to a regular or special session of the Conference of FAO for approval and, if the amendment involves important technical changes or imposes additional obligations on the contracting Governments, it shall be considered by an advisory committee of specialists convened by FAO prior to the Conference.
3. Notice of any proposed amendment of this Convention shall be transmitted to the contracting Governments by the Director-General of FAO not later than the time when the agenda of the session of the Conference at which the matter is to be considered is dispatched.
4. Any such proposed amendment of this Convention shall require the approval of the Conference of FAO and shall come into force as from the thirtieth day after acceptance by two-thirds of the contracting Governments. Amendments involving new obligations for contracting Governments however, shall come into force in respect of each contracting Government only on acceptance by it and as from the thirtieth day after such acceptance.
5. The instruments of acceptance of amendments involving new obligations shall be deposited with the Director-General of FAO, who shall inform all contracting Governments of the receipt of acceptances and the entry into force of amendments.
Entry into Force
As soon as this Convention has been ratified by three signatory Governments it shall come into force between them. It shall come into force for each Government ratifying or adhering thereafter from the date of deposit of its instrument of ratification or adherence.
1. Any contracting Government may at any time give notice of denunciation of this Convention by notification addressed to the Director-General of FAO. The Director-General shall at once inform all signatory and adhering Governments
2. Denunciation shall take effect one year from the date of receipt of the notification by the Director-General of FAO.
MODEL PHYTOSANITARY CERTIFICATE
PLANT PROTECTION SERVICE
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 troth as stated in the additional declaration hereon and otherwise.
Fumigation or disinfection treatment (if required by importing country):
Duration of exposure............................Chemical and concentration............................
(Stamp of the Service) ............................(Rank)
DESCRIPTION OF THE CONSIGNMENT
Name and address of exporter:..........................
Name and address of consignee:.........................
Number and description of packages:.....................
Origin (if required by importing country):................
Means of conveyance:...................................
Point of entry:..................................
Quantity and name of product:..........................
Botanical name (if required by importing country):...............
DONE at Rome, Italy, on the sixth day of December, one thousand nine hundred and fifty-one, in a single copy in the English, French and Spanish languages, each of which shall be of equal authenticity This document shall be deposited in the archives of the Food and Agriculture Organization of the United Nations Certified copies shall be transmitted Joy the Director-General of the Food and Agriculture Organization to each signatory and adhering Government
IN WITNESS WHEREOF the undersigned, duly authorized to that effect, have signed this Convention on behalf of their respective Governments on the dates appearing opposite their signatures.
H. Agreement for the establishment of a Latin-American fisheries council
FOOD AND AGRICULTURE ORGANIZATION OF THE UNITED NATIONS
LIMA, PERU, 22 SEPTEMBER 1951
The representatives of Governments Members of the Food and Agriculture Organization of the United Nations here assembled, recognizing the mutual interests of their several nations in the development and proper utilization of the living aquatic resources of the Latin American areas, and believing that this can best be attained by international collaboration, do hereby recommend to their respective governments for consideration, the acceptance of the following agreement for the establishment of the Latin American Fisheries Council.
The Governments of Brazil, Chile, Colombia, Costa Rica, Cuba, El Salvador, France, Mexico, the Netherlands, Nicaragua, Panama, Peru, the United Kingdom, the United States of America, and Uruguay, Members of the Food and Agriculture Organization of the United Nations, hereinafter called the Organization, having a mutual interest in the development and proper utilization of the living aquatic resources of the Latin American region, and desiring to further the attainment of these ends through international co-opt ration by the establishment of a Latin American Fisheries Council, agree as follows:
1. The contracting Governments agree to establish a Council to be known as the Latin American Fisheries Council, hereinafter called the Council.
2. The members of the Council shall be the governments which accept this Agreement in accordance with the provisions of Article IX thereof.
1. Each Member Government is entitled to be represented at meetings of the Council by one delegate only, who may be accompanied by an alternate and by one or more experts and advisers. Participation in meetings of the Council 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 Government shall have one vote. Decisions of the Council shall be taken by a simple majority of the votes cast, except as otherwise provided by this Agreement. A majority of the total membership of the Council shall constitute a quorum.
3. The Council shall establish its rules of procedure and form such committees as it may deem necessary.
4. The Council shall elect a Chairman and three Vice-Chairmen from amongst its delegates.
5. There shall be an Executive Committee consisting of the Chairman and Vice-Chairmen.
6. The Council shall determine the frequency, dates, and place of its meetings. In default of a decision on this matter, the Chairman shall call a meeting of the Council once in every two years. The initial meeting of the Council shall be called by the Organization at a place to be designated by the Organization.
7. A provisional Secretariat of the proposed Council shall function in the Regional Office of the Organization in Santiago, Chile, until the Council is established.
8. The Organization shall provide the Secretariat for the Council, and shall appoint its Secretary.
The Council shall have the following functions and duties:
(a) to formulate the oceonographical, limnological, biological, and other technical aspects of the problems of development and proper utilization of living aquatic resources;
(b) to encourage and co-ordinate research and the practical application of improved methods employed in fisheries research and in other fields of fisheries;
(c) to assemble, publish, and disseminate oceanographical, limnological, biological, and other technical information relating to living aquatic resources;
(d) to recommend to Member Governments such national or co-operative research and development projects as may appear necessary or desirable to fill gaps in such knowledge;
(e) to undertake, where appropriate, cooperative research and development projects directed to this end;
(f) to elaborate plans for the training of the personnel engaged in fisheries research, in the fishing industry or fisheries administration, and to promote the establishment of fisheries extension services throughout the region;
(g) to propose, and where necessary to adopt, measures to bring about the standardization of scientific equipment, techniques and nomenclatures;
(h) to report upon such questions relating to oceanographical, limnological, biological, and other technical problems concerning fisheries as may be recommended to it by Member Governments or by the Organization and, when it is thought desirable, by other international, national or private organizations with related interests;
(i) to report after each meeting to the Organization and to the members of the Council upon its activities for their information and, in addition, to make such other reports to them on matters falling within the competence of the Council as may seem to it desirable.
The functions and duties of the Council as set forth in Article III shall be carried out in the Latin American area.
Co-operation with Other Bodies
The Council shall co-operate closely with other international and/or national bodies in matters of mutual interest, particularly those concerned directly with Latin America.
1. The expenses of delegates and their alternates, experts, and advisers occasioned by attendance at meetings of the Council shall be determined and paid by their respective governments.
2. The expenses of the Secretariat, including publications and communications, and of the travel and subsistence of the Chairman and Vice-Chairmen of the Council, when performing work of the Council away from their respective headquarters, during intervals between Council meetings, shall be determined and paid by the Organization within the limits of an annual budget prepared and approved in accordance with the current Financial Regulations of the Organization.
3. The expenses of research and development projects undertaken by individual members of the Council, whether independently or upon the recommendation of the Council, shall be determined and paid by the governments concerned.
4. The expenses incurred in connection with co-operative research or development projects undertaken in accordance with the provisions of Article III, paragraphs (d) (e) and (f), unless otherwise available shall be determined and paid by the Member Governments in the form and proportion to which they shall mutually agree.
Any proposal for amending this Agreement shall require the approval of a two-thirds majority of all the members of the Council, except that:
Amendments to the Agreement extending the functions of the Council or extending the powers of the Council to incur expenses to be borne by the Organization shall require approval by a two-thirds majority of all the members of the Council and the approval of the Conference or the Council of the Organization.
1. This Agreement shall be open for acceptance by governments that are Members of the Organization.
2. This Agreement shall also be open for acceptance by governments that are not Members of the Organization, with the approval of the Conference of the Organization and of two-thirds of the members of the Council. Participation by such governments in the activities of the Council shall be contingent upon the assumption of the proportionate share in the expenses of the Secretariat, as determined by the Council and approved by the Conference of the Organization.
3. The notifications of acceptance of this Agreement shall be deposited with the Director-General of the Organization who shall immediately inform all the governments that are Members of the Organization.
Entry into Force
1. The Agreement shall enter into force upon the date of receipt of the fifth notification of acceptance.
2. Notifications of acceptance received after the entry into force of this Agreement shall enter into force on the date of their receipt by the Director-General of the Organization who shall immediately inform all the governments that are Members of the Organization and the Council, of their receipt.
Any Member Government may withdraw from this Agreement, at any time after the expiration of two years from the date on which the Agreement entered into force with respect to that government, by giving notice of such withdrawal to the Director-General of the Organization who shall immediately inform all the governments that are Members of the Organization and the Council, of such withdrawal. Notices of withdrawal shall become effective three months from the date of their receipt by the Director-General.
Formulated at Lima, this twenty-second day of September, one thousand nine hundred and fifty one, in the Spanish language, in a single copy which shall be deposited in the archives of the Organization, which shall furnish certified copies thereof to the Governments Members of the Organization.