[Senate Executive Report 106-27]
[From the U.S. Government Publishing Office]



106th Congress                                              Exec. Rept.
                                 SENATE
 2d Session                                                      106-27

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               INTERNATIONAL PLANT PROTECTION CONVENTION

                                _______
                                

October 5 (legislative day, September 22), 2000.--Ordered to be printed

                                _______
                                

          Mr. Helms, from the Committee on Foreign Relations,
                        submitted the following

                              R E P O R T

                   [To accompany Treaty Doc. 106-23]

    The Committee on Foreign Relations, to which was referred 
the International Plant Protection Convention, Adopted at the 
Conference of the Food and Agriculture Organization (FAO) of 
the United Nations at Rome on November 17, 1997 (Treaty Doc. 
106-23) (``the amended Convention''), having considered the 
same, reports favorably thereon with three understandings, one 
declaration and two provisos, and recommends that the Senate 
give its advice and consent to the ratification thereof as set 
forth in this report and the accompanying resolution of 
ratification.

                                CONTENTS

                                                                   Page

  I. Purpose..........................................................1
 II. Summary..........................................................2
III. Entry Into Force and Denunciation................................4
 IV. Committee Action.................................................4
  V. Committee Recommendation and Comments............................4
 VI. Text of the Resolution of Ratification...........................4

                               I. Purpose

    The proposed amended Convention is a further revision of 
the original 1951 Convention, which entered into force for the 
United States in 1972. The amended Convention is intended to 
promote international cooperation to control and prevent the 
spread of harmful plant pests. Through regional and national 
plant protection organizations, the amended Convention is 
expected to foster development of international plant health 
standards, harmonization of plant quarantine activities with 
emerging standards, dissemination of phytosanitary information 
and extension of plant health assistance to developing 
countries.

                              II. Summary


                               A. GENERAL

    The original International Plant Protection Convention was 
done at Rome on Dec. 6, 1951. In general, it is intended to 
protect the health of plants and related agricultural trade 
worldwide. It entered into force on April 3, 1952, and was 
ratified by the United States on August 18, 1972 (23 U.S.T. 
2767, T.I.A.S. No. 7465). A prior amendment was done at Rome on 
November 28, 1979, was accepted by the United States on June 
11, 1982, and entered into force on April 4, 1991.
    The proposed amended Convention discussed in this report is 
a substantial revision of the existing text. Under the terms of 
the existing Convention, the amended Convention would likewise 
enter into force for all parties on the thirtieth day after 
acceptance by two-thirds of the parties, the Conference of the 
Food and Agriculture Organization (the FAO Conference) having 
determined that the amendments entail no new obligations for 
the current parties.
    Amendment of the existing Convention was deemed necessary 
after the adoption of the World Trade Organization Agreement on 
the Application of Sanitary and Phytosanitary Measures (SPS 
Agreement) in 1995. The SPS Agreement recognized that there was 
no multilateral, international framework for SPS standards and 
was intended to promote the harmonization of the SPS standards 
of WTO members, based on the international standards developed 
by existing international organizations active in the field of 
SPS measures.
    Among the international organizations to which the SPS 
Agreement referred are the international and regional plant 
protection organizations operating within the framework of the 
existing Convention's umbrella framework. However, as presently 
constituted, this framework is not well equipped to handle the 
role envisioned by the SPS Agreement. As a result, soon after 
the establishment of the WTO, parties to the existing 
Convention began their work on the revision which is before the 
Senate.
    The amended Convention was adopted by the FAO Conference in 
Rome on November 17, 1997. This revision is intended to 
strengthen the Convention structure, to formally incorporate 
some of the concepts promulgated by the SPS Agreement, and to 
establish the framework for developing international SPS 
standards. The amended Convention would formally establish a 
permanent Secretariat, which was created informally in 1993. It 
would also establish the Commission on Phytosanitary Measures 
within the framework of the Food and Agriculture Organization 
of the United Nations (FAO). FAO has already approved an 
Interim Commission to carry out the functions proposed for the 
permanent Commission pending the entry into force of the 
amended Convention, but the actions of the Interim Commission 
will not receive official recognition by the FAO Council.
    In the United States, section 432 of the Uruguay Round 
Agreements Act of 1994 required the President to designate an 
agency to inform the public about international standard-
setting activities. Under Presidential Proclamation 6780 (60 
Fed. Reg 15,845 (1995)), the Secretary of Agriculture is in 
charge of these activities.
    With regard to the regional plant protection organizations 
established within the Convention framework, the United States 
is a member of the Caribbean Plant Protection Commission 
(CPPC), the North American Plant Protection Organization 
(NAPPO), and the Pacific Plant Protection Organization (PPPO).

                           B. KEY PROVISIONS

    For a detailed discussion of the amended Convention's 
provisions, please refer to Treaty Doc. 106-23.
    The major differences between the existing Convention and 
the amended Convention reflect concepts and policies set forth 
in the SPS Agreement, such as harmonization of standards, 
minimization of negative impact on trade, emphasis on 
``technical'' justification of SPS measures, pest risk 
assessments, and designation of pest-free areas; the 
establishment of administrative and governing organs distinct 
from, although within the framework of, the administrative and 
governing bodies of the FAO; inclusion of regulated non-
quarantine pests; promotion of the Convention and its standards 
among countries and organization currently not parties to the 
Convention; designation of official languages, thereby 
facilitating information exchange and dissemination among the 
contracting parties to the Convention; and the promotion of 
technical assistance to contracting parties, particularly those 
that are developing countries.
    In the Secretary of State's letter of submittal to the 
President (reprinted in Treaty Doc. 106-23), the Secretary 
recommends the incorporation of two understandings in the 
Senate resolution of ratification to clarify the understanding 
and position of the United States with respect to the effect of 
the amended Convention on the rights of the United States under 
other international agreements, and on the ability of the 
United States to regulate for health and safety purposes. The 
Committee has slightly modified the language of the first 
proposed understanding, though there is, in the Committee's 
view, no material difference in meaning. If approved by the 
Senate, the understanding will emphasize the view of the United 
States that nothing in the amended Convention is to be 
interpreted in a manner inconsistent with, or alter the terms 
or effect of, the SPS Agreement and other relevant 
international agreements. This applies, in particular, to 
Articles VI and VII of the amended IPPC.
    The second understanding recommended by the Department of 
State would make clear that nothing in the existing or amended 
Convention limits the authority of the United States to take 
measures against any pest to protect human, animal or plant 
life or health, or the environment, consistent with the SPS 
Agreement. The Committee accepts the State Department analysis 
pointing out that the scope of the amended Convention covers 
the protection of plant life and health and the environment. 
The Committee shares the State Department's conclusion that 
Article VI of the amended Convention, which prohibits measures 
concerning non-regulated pests under the Convention, should not 
be interpreted to prohibit measures concerning pests outside 
the scope of the Convention i.e., pests potentially harmful to 
human or animal life or health. To make this view clear to the 
other parties, the Committee has included the recommended 
understanding in the proposed resolution of ratification, 
below.

                 III. Entry Into Force and Denunciation


                          A. ENTRY INTO FORCE

    In accordance with Article XIII(4) of the existing 
Convention, the amended Convention will enter into force 30 
days from the date of its acceptance by two-thirds of the 
contracting parties to the existing Convention.

                            B. DENUNCIATION

    Any contracting party may at any time give notice of 
denunciation of the amended Convention by notification 
addressed to the FAO Director-General, who shall at once inform 
all contracting parties. Denunciation shall take effect one 
year from the date of receipt of the notification by the FAO 
Director-General.

                          IV. Committee Action

    The Committee on Foreign Relations held an informal public 
meeting on the amended Convention on July 20, 2000 (a 
transcript of the meeting and questions for the record are 
included in Senate Exec. Rept. 106-16). \1\ The Committee 
considered the amended Convention on September 27, 2000, and 
ordered it favorably reported by voice vote, with the 
recommendation that the Senate give its advice and consent to 
the ratification of the amended Convention subject to three 
understandings, one declaration and two provisos.
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    \1\ On the day the Committee was scheduled to conduct a hearing on 
the treaty, permission to do so pursuant to Senate Rule 26(5)(a) had 
not been granted. Therefore, the Committee proceeded in informal 
session, the text of which is appended to Executive Report 106-16.
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                V. Committee Recommendation and Comments

    The Committee on Foreign Relations recommends favorably the 
amended Convention. On balance, the Committee believes that the 
amended Convention is in the interest of the United States and 
urges the Senate to act promptly to give its advice and consent 
to ratification.
    The Committee is aware that the Animal and Plant Health 
Inspection Service (APHIS) of the Department of Agriculture 
currently publishes an annual notice in the Federal Register, 
pursuant to section 491 of the Trade Agreements Act of 1979, 
setting forth information, inter alia, about the standard-
setting activities of the IPPC (see, e.g., 64 Fed. Register 
53657 (Oct. 4, 1999)). Inclusion of the information set forth 
in that notice in the report required by Proviso (1) would 
satisfy the reporting requirements of Proviso (1) (A) and (B).

               VI. Text of the Resolution of Ratification

      Resolved (two-thirds of the Senators present concurring 
therein), That the Senate advise and consent to the 
ratification of the International Plant Protection Convention 
(IPPC), Adopted at the Conference of the Food and Agriculture 
Organization (FAO) of the United Nations at Rome on November 
17, 1997 (Treaty Doc. 106-23) (referred to in this resolution 
of ratification as ``the amended Convention,'') subject to the 
understandings of subsection (a), the declaration of subsection 
(b) and the provisos of subsection (c).
      (a) Understandings.--The advice and consent of the Senate 
is subject to the following understandings, which shall be 
included in the instrument of ratification of the amended 
Convention and shall be binding on the President:
            (1) Relationship to Other International 
        Agreements.--The United States understands that nothing 
        in the amended Convention is to be interpreted in a 
        manner inconsistent with, or alters the terms or effect 
        of, the World Trade Organization Agreement on the 
        Application of Sanitary or Phytosanitary Measures (SPS 
        Agreement) or other relevant international agreements.
            (2) Authority to Take Measures Against Pests.--The 
        United States understands that nothing in the amended 
        Convention limits the authority of the United States, 
        consistent with the SPS Agreement, to take sanitary or 
        phytosanitary measures against any pest to protect the 
        environment or human, animal, or plant life or health.
            (3) Article XX (``Technical Assistance'').--The 
        United States understands that the provisions of 
        Article XX entail no binding obligation to appropriate 
        funds for technical assistance.
      (b) Declaration.--The advice and consent of the Senate is 
subject to the following declaration:
            Treaty Interpretation.--The Senate affirms the 
        applicability to all treaties of the constitutionally 
        based principles of treaty interpretation set forth in 
        Condition (1) of the resolution of ratification of the 
        INF Treaty, approved by the Senate on May 27, 1988, and 
        Condition (8) of the resolution of ratification of the 
        Document Agreed Among the State Parties to the Treaty 
        on Conventional Armed Forces in Europe, approved by the 
        Senate on May 14, 1997.
      (c) Provisos.--The advice and consent of the Senate is 
subject to the following provisos:
            (1) Report to Congress.--One year after the date 
        the amended Convention enters into force for the United 
        States, and annually thereafter for five years, the 
        Secretary of Agriculture, in consultation with the 
        Secretary of State, shall provide a report on amended 
        Convention implementation to the Committee on Foreign 
        Relations of the Senate setting forth at least the 
        following:
                    (A) a discussion of the sanitary or 
                phytosanitary standard-setting activities of 
                the IPPC during the previous year;
                    (B) a discussion of the sanitary or 
                phytosanitary standards under consideration or 
                planned for consideration by the IPPC in the 
                coming year;
                    (C) information about the budget of the 
                IPPC in the previous fiscal year; and
                    (D) a list of countries which have ratified 
                or accepted the amended Convention, including 
                dates and related particulars.
            (2) Supremacy of the Constitution.--Nothing in the 
        amended Convention requires or authorizes legislation 
        or other action by the United States of America that is 
        prohibited by the Constitution of the United States as 
        interpreted by the United States.

                                  
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