PLANT PROTECTION AGREEMENT
FOR THE ASIA AND PACIFIC REGION
1

Treaties archive
| FAO Legal Office Home | Text


Background and Parties to the Agreement
At its 23rd Session (November 1955), the FAO Council approved the Plant Protection Agreement for the Asia and Pacific Region (formerly Plant Protection Agreement for the South-East Asia and Pacific Region)
for submission to Governments for acceptance.
The Agreement came into force on 2 July 1956 and was registered with the Secretariat of the United Nations on 20 July 1956 under No. 1963.
The following Contracting Governments provided their definitive signature or deposited the pertinent instrument of ratification or adherence to the Agreement on the date indicated:

Contracting Government

Signature

Definitive
Signature

Ratification

Adherence

Australia

 

27 Feb 1956

   

Bangladesh

     

4 Dec 1974

Cambodia

     

27 Jan 1969

China

     

6 Jun 1990

Democratic People's Republic of Korea

     

16 Jan 1996

Fiji

     

16 Dec 1970

France

     

20 Aug 1957

India

 

2 Jul 1956

   

Indonesia

28 Jun 1956

 

21 Dec 1967

 

Lao People's Democratic Republic

25 May 1956

 

17 Mar 1960

 

Malaysia

     

20 Nov 1957

Myanmar

     

4 Nov 1959

Nepal

     

12 Aug 1965

Netherlands2

25 Jun 1956

 

19 Jul 1957

 

New Zealand3

     

17 Dec 1975

Pakistan 4

     

8 Jan 1958

Papua New Guinea

     

1 Jun 1976

Philippines

     

11 Jun 1962

Portugal5

 

2 Jul 1956

   

Republic of Korea

     

4 Nov 1981

Samoa

     

23 Dec 1971

Solomon Islands

     

20 Jun 1979

Sri Lanka

 

27 Feb 1956

   

Thailand

     

26 Nov 1956

Tonga

     

5 Nov 1981

United Kingdom6

29 Mar 1956

 

3 Dec 1956

 

Viet Nam

 

2 Jul 1956

   

In light of the notifications received by the Governments of the Netherlands, Portugal and the United Kingdom, the parties to the Agreement as of 4 August 2009 are twenty-four.

Amendments to the Agreement
The FAO Council approved amendments to the Agreement in 1967, 1979, 1983 and 1999. Some of these amendments have entered into force for all Contracting Governments while others only with respect to the Contracting Governments that have actually accepted those amendments, as it will be described below.  
At its 49th Session (November 1967), the FAO Council approved an amendment to extend the geographical scope of the Region. This amendment came into force with respect to all Contracting Governments on 16 August 1969.

At its 75th Session (June 1979), the FAO Council approved the deletion of the words "South East" in the title of the Agreement and the change of the name of the Commission to read "Asia and Pacific Plant Protection Commission" (hereafter “the Commission”). These amendments came into force with respect to all Contracting Governments on 16 February 1983.
At its 84th Session (November 1983), the FAO Council approved two sets of amendments to the Agreement related to the following issues:

  1. an amendment to the definition of the Region in Article I in order to include the People's Republic of China in the definition of the Region; and
  2. the introduction of mandatory contributions in order to finance certain activities of the Commission.

The amendment to Article I of the Agreement to include the People's Republic of China in the definition of the Region came into force with respect to all Contracting Governments on 23 May 1990.  
The second set of amendments introducing mandatory contributions entails new obligations for the Contracting Governments. Therefore, as provided for in paragraph 4 of Article IX, these amendments came into force on the thirtieth day after acceptance by two-thirds of the Contracting Governments, i.e. on 4 September 2009, but only with respect to the Contracting Governments that have actually accepted these amendments (see the table below). These amendments remain open for acceptance by the remaining Contracting Governments.
With the entry into force of the amendments referred to above, there are currently two versions of the Agreement in force for two different sets of Contracting Governments:

  1. The Agreement as approved in 1955 and amended in 1967, 1979 and in 1983 (to include the People’s Republic of China in the definition of the Region) which is binding for seven Contracting Governments; and
  2. The Agreement as approved in 1955 and amended in 1967, 1979 and in 1983 (to include the People’s Republic of China in the definition of the Region and to introduce mandatory contributions) which is binding for seventeen Contracting Governments.

At its 117th Session (November 1999), the FAO Council approved another two sets of amendments to the Agreement related to the following issues:

  1. amendments designed to bring the Agreement into line with the new revised text of the International Plant Protection Convention (IPPC) and the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) and with modern requirements for plant protection, as well as amendments designed to strengthen the Commission; and
  2. amendments providing for the deletion from the Agreement of measures to exclude the “South American Leaf Blight of Hevea” from the Region.

Both sets of amendments have been transmitted for acceptance to the Contracting Parties (circulation of the second set of amendments had been postponed by the FAO Council “until such time as a satisfactory regional standard on South American Leaf Blight of Hevea [had] been adopted by the Commission”. This standard was adopted by the Commission at its 26th Session, New Delhi, August-September 2009) and remain open for acceptance.
In sum, there are three sets of amendments open for acceptance by the Contracting Governments as show in the following table:

Contracting Government

Acceptance of 1983 amendments regarding mandatory contributions

Acceptance of 1999 amendments designed to bring the Agreement into line with the IPPC and the SPS Agreement

Acceptance of 1999 amendments deleting measures to exclude “South American Leaf Blight of Hevea” from the Region

1

Australia

27 Dec 1994

12 Aug 2011 12 Aug 2011

2

Bangladesh

31 Jul 1984

   

3

Cambodia

16 Aug 2006

   

4

China

6 Jun 1990

   

5

Democratic People's Republic of Korea

23 Nov 2006

   

6

Fiji

23 May 2006

   

7

France

     

8

India

19 Aug 1986

   

9

Indonesia

19 Jan 1993

   

10

Lao People's Democratic Republic

6 Dec 2006

6 Dec 2006

 

11

Malaysia

12 May 1994

   

12

Myanmar

     

13

Nepal

     

14

New Zealand

16 Dec 1997

   

15

Pakistan

27 Jun 1988

   

16

Papua New Guinea

     

17

Philippines

27 May 2008

11 Apr 2005

 

18

Republic of Korea

17 Apr 1990

   

19

Samoa

     

20

Solomon Islands

     

21

Sri Lanka

13 Feb 1985

   

22

Thailand

20 July 2010

   

23

Tonga

     

24

Viet Nam

31 Aug 2006

31 Aug 2006

 

In order to facilitate as far as possible a process of acceptance of a consolidated Agreement thereby reducing the inconvenience of several legal regimes,
the Contracting Governments which are considering to accept some or all of these amendments are invited to contact the FAO Legal Office.
 


 

 

notes
1. Present title valid as of 16 February 1983.

2. The Netherlands had ratified the Agreement on 19 July 1957 with respect to Netherlands New Guinea. According to a communication addressed to the Director-General on 28 December 1964, registered with the United Nations, the Netherlands considers that it has ceased to be a Party to the Agreement as of 1 October 1962, i.e. the date of the transfer of the Administration of the Territory to the United Nations Temporary Executive Authority.

3. Applied to Cook Islands and Niue.

4. On 9 June 1969, Pakistan made the following declaration: "The Government of Pakistan regards Taiwan as an integral part of the People's Republic of China and as such, the Government of that State alone is competent to accede to the Plant Protection Agreement for the South-East Asia and Pacific Region in respect of its territory, including Taiwan."

5. On 13 February 2007, the Director-General received a notification of denunciation by Portugal. The denunciation became effective on 13 February 2008.

6. On 4 August 2008, the Director-General received a notification of denunciation by the United Kingdom. The denunciation became effective on 4 August 2009.

 


Treaties archive | FAO Legal Office Home | Text