[Federal Register Volume 62, Number 36 (Monday, February 24, 1997)]
[Notices]
[Pages 8210-8216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-4477]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. 96-101-1]
Revision of the International Plant Protection Convention
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice and solicitation of comments.
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SUMMARY: We are giving notice that the International Plant Protection
Convention (IPPC), an international treaty developed to control the
global spread of plant pests, is currently being revised to meet the
changing needs of plant protection and international trade. The United
States is a signatory to the IPPC, and the United States Department of
Agriculture's Animal and Plant Health Inspection Service is the lead
U.S. agency participating in the technical discussions with other
member countries and the Food and Agriculture Organization of the
United Nations to revise the IPPC. This notice contains the entire text
of the current IPPC with guidance on which areas are being considered
for updates or revisions. We are soliciting public comment on any
aspect of the scope, coverage, or institutions of the current IPPC.
DATES: Consideration will be given only to comments received on or
before April 10, 1997.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 96-101-1, Regulatory Analysis and Development, PPD, APHIS,
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 96-101-1. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Mr. Robert Griffin, Senior Plant
Pathologist, Risk Analysis Systems, PPD, APHIS, 4700 River Road Unit
117, Riverdale, MD 20737-1228, (301) 734-3576, [email protected].
SUPPLEMENTARY INFORMATION:
Background
As the result of the World Trade Organization (WTO) Agreement on
Sanitary and Phytosanitary measures (commonly referred to as the ``SPS
Agreement''), contracting parties, including the United States, are
committed to harmonizing their human, animal, and plant health import
requirements by basing their sanitary and phytosanitary (SPS) import
measures on international standards (SPS Agreement Article 3.1). The
SPS Agreement recognizes three international standard-setting bodies as
[[Page 8211]]
the official entities for developing health-related standards,
guidelines, and recommendations (SPS Agreement Article 3.4): Codex
Alimentarius for food safety standards, International Plant Protection
Convention (IPPC) for plant health standards, and Office of
International Epizootics for animal health standards.
IPPC Membership and Secretariat
The IPPC, in effect since 1952, is a multilateral treaty that
promotes ``* * * common and effective action to prevent the spread and
introduction of pests of plants and plant products and to promote
measures for their control (IPPC Preamble).'' The treaty is
administered by the Food and Agricultural Organization (FAO) of the
United Nations. Currently, 105 signatory countries adhere to IPPC
principles. Because of the technical and regulatory nature of plant
health issues covered by the IPPC, the Animal and Plant Health
Inspection Service (APHIS) is the lead U.S. agency participating in
IPPC activity.
In 1989, FAO member countries considered the creation of an IPPC
Secretariat to coordinate activities for the IPPC and to support the
development and administration of international phytosanitary standards
under the IPPC. The IPPC Secretariat, located at FAO headquarters in
Rome, Italy, became operational in 1993.
Revision of the IPPC
The IPPC was amended in 1979 in response to changing plant pest
conditions and quarantine concerns. The amendment came into force in
1991, upon ratification by two-thirds of the signatory countries. In
October 1995, IPPC contracting parties agreed to revise the IPPC again
in response to changes in global agriculture and the signing of the WTO
SPS Agreement promoting the use of international standards, including
plant health standards developed under the IPPC.
In June 1995, the IPPC Secretariat took the lead in gathering
recommendations from countries regarding potential revisions to the
current scope, coverage, and institutions of the IPPC. The proposed
revisions were reviewed in September 1995 and formed the basis for
identifying changes in the text. In March 1996, plant quarantine
experts from various signatory countries met to further discuss and
develop the draft text. The resulting second draft is currently under
review by all signatory countries. The signatory countries met to
discuss the current amended version of the IPPC at a Technical
Consultations meeting at FAO headquarters from January 13-17, 1997.
The IPPC Secretariat set a timetable for reviewing, approving, and
adopting an amended version of the IPPC by October 1997. However,
completion of the process is dependent on the progress of the signatory
countries to propose language acceptable to the majority of contracting
parties. FAO adoption of the amended IPPC can occur either through
consensus or by a two-thirds vote of FAO members in favor.
We are soliciting public comment on any aspect of the scope,
coverage, or institutions of the current IPPC. The entire text of the
current IPPC, with guidance on which areas are being considered for
updates or revisions, follows:
Done in Washington, DC, this 18th day of February 1997.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
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International Plant Protection Issues identified for revision
Convention or proposals for review
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PREAMBLE
The contracting parties, recognizing Does not discuss the
the usefulness of international harmonization of phytosanitary
cooperation in controlling pests of measures through standards and
plants and plant products and in ensuring that measures are not
preventing their spread, and unjustified barriers to trade.
especially 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
1. With the purpose of securing common Clarify the scope of the
and effective action to prevent the Convention with respect to
spread and introduction of pests of plant protection, plant
plants and plant products and to quarantine, and the
promote measures for their control, environment. Demonstrate
the contracting parties undertake to recognition of SPS principles
adopt the legislative, technical, and and obligations.
administrative measures specific in
this Convention and in supplementary
agreements pursuant to Article III.
2. Each contracting party shall assume Clarify the obligations and
responsibility for the fulfillment role of ``regional economic
within its territories of all integration organizations''
requirements under this Convention. such as the European Union
here and in various other
articles.
ARTICLE II--Scope...................... Clarify scope in Article I and
use Article II to define key
terms.
1. For the purpose of this Convention Define key terms by updating
the term ``plants'' shall comprise existing definitions and
living plants and parts thereof, adding new terms.
including seeds insofar as the Proposed terms include:
supervision of their importation under Commission on Phytosanitary
Article VI of the Convention or the Measures, Harmonization,
issue of phytosanitary certificates in Introduction, Pest,
respect of them under Articles Phytosanitary measures,
IV(1)(a)(iv) and V of this Convention Plants, Plant products,
may be deemed necessary by contracting Quarantine pest, Regulated
parties; and the term ``plant article, Secretariat, and
products'' shall comprise Standards.
unmanufactured material of plant Definitions for quarantine
origin (including seeds insofar as pests and phytosanitary
they are not included in the term measures will be linked to
``plants'') and those manufactured decisions concerning the scope
products which, by their nature or of the Convention with respect
that of their processing, may create a to nonquarantine pests.
risk for the spread of pests.
2. For the purpose 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.
[[Page 8212]]
3. Where appropriate, the provisions of
this Convention may be deemed by
contracting parties to extend to
storage places, conveyances,
containers, and any other object or
material capable of harbouring or
spreading plant pests, particularly
where international transportation is
involved.
4. This Convention 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
1. Supplementary agreements applicable Clarify intent and application;
to specific regions, to specific possibly delete or replace
pests, to specific plants and plant with a discussion of regulated-
products, to specific methods of non quarantine pests.
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 party
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 party after acceptance in
accordance with the provisions of the
FAO Constitution and General Rules of
the Organization.
ARTICLE IV--National organization for
plant protection.
Cover general provisions for a
1. Each contracting party shall make Expand scope from cultivated
provision, as soon as possible and to systems to include wild flora.
the best of its ability, for Include responsibilities for
(a) An official plant protection risk analysis or technical
organization with the following main justifications forming the
functions: basis for requirements.
(I) the inspection of growing plants, Include the designation of pest
of areas under cultivation (including free areas as a
fields, plantations, nurseries, responsibility.
gardens, and greenhouses), and of Update the concept of
plants and plant products in storage inspection using surveillance.
or in transportation, particularly Note responsibility for issuing
with the object of reporting the regulations.
existence, outbreak, and spread of
plant pests and of controlling those
pests;
(ii) the inspection of consignments of
plants and plant products moving in
international traffic, and, 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 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 of plants
and plant products;
(iii) the disinfestation or
disinfection of consignments of plants
and plant products moving in
international traffic, and their
containers (including packing material
or matter of any kind accompanying
plants or plant products), storage
places, or transportation facilities
of all kinds employed; and
(iv) the 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
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 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 parties.
ARTICLE V--Phytosanitary certificates
[[Page 8213]]
1. Each contracting party shall make Refer to a standard and/or the
arrangements for the issuance of model annex.
phytosanitary certificates to accord Consider new certifying
with the plant protection regulations statements.
of other contracting parties, and in Limit issuance to national
conformity with the following officials but allow for the
provisions: accreditation of personnel for
(a) Inspection shall be carried out and supporting activities.
certificates issued only by or under Limit declarations to those
the authority of technically qualified technically justified.
and duly authorized officers and in Recognize electronically
such circumstances and with such equivalent certification.
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 for the export or
re-export of plants or plant products
shall be as worded in the Annex to
this Convention.
(c) Uncertified alterations or erasures
shall invalidate the certificates.
2. Each contracting party undertakes
not to require consignments of plants
or plant products imported into its
territories to be accompanied by
phytosanitary certificates
inconsistent with the models set out
in the Annex to this Convention. Any
requirement for additional
declarations shall be kept to a
minimum.
ARTICLE VI--Requirements in relation to Reorganize in terms of rights
imports. and obligations.
1. With the aim of preventing the Clarify sovereign authority
introduction of pests of plants and with respect to other
plant products into their territories, agreements.
contracting parties shall have full Clarify right to restrict pests
authority to regulate the entry of and biocontrol organisms.
plants and plant products and to this Extend reporting for
end, may: noncompliance beyond
(a) Prescribe restrictions or commercially certified
requirements concerning the consignments.
importation of plants or plant Note obligation to use
products; international standards.
(b) Prohibit the importation of Clarify obligations concerning
particular plants or plant products, the movement of people.
or of particular consignments of Note the importance of pest
plants or plant products; risk analysis or the technical
(c) Inspect or detain particular justification for restrictive
consignments of plants or plant measures.
products; Broaden and strengthen
(d) Treat, destroy, or refuse entry to provisions for emergency
particular consignments of plants or action.
plant products that do not comply with Add a separate article covering
the requirements prescribed under regulated nonquarantine pests.
subparagraph (a) or (b) of this
paragraph, or require such
consignments to be treated or
destroyed or removed from the country;
(e) List pests the introduction of
which is prohibited or restricted
because they are of potential economic
importance to the country concerned.
2. In order to minimize interference
with international trade, each
contracting party undertakes to carry
out the provisions referred to in
paragraph 1 of this Article in
conformity with the following:
(a) Contracting 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 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 FAO,
any regional plant protection
organization of which the contracting
party is a member, and all other
contracting parties directly concerned.
(c) If a contracting 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 FAO, any regional
plant protection organization of which
the contracting party is a member, and
all other contracting parties directly
concerned.
(d) If a contracting 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 party shall publish a list
of such points of entry and
communicate it to FAO, any regional
plant protection organization of which
the contracting party is a member, and
all other contracting parties directly
concerned. 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.
[[Page 8214]]
(e) Any inspection by the plant
protection organization of a
contracting party of consignments of
plants or plant products offered for
importation shall take place as
promptly as possible with due regard
to the perishability of the plants or
plant products concerned. If any
commercial or 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 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 organization of the
exporting country.
(f) Contracting parties shall make
provisions which, without en dangering
their own plant production, will 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 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. 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 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), 2(c), and 2(d) of this Article)
at frequent intervals to all
contracting parties and regional plant
protection organizations.
ARTICLE VII--International cooperation
The contracting 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 party agrees to Cooperate in the exchange of
cooperate with FAO in the information for pest risk
establishment of a world reporting analysis.
service on plant pests, making full Identify contact points for the
use of the facilities and services of exchange of information.
existing organizations for this
purpose and, when this is established,
to furnish FAO periodically, for
distribution by FAO to the contracting
parties, with the following
information:.
(I) reports on the existence, outbreak,
and spread of economically important
pests 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 of
plants and plant products.
(b) Each contracting party shall, as
far as is practicable, participate in
any special campaigns for combating
particular destructive pests that may
seriously threaten crop production and
need international action to meet the
emergencies.
ARTICLE VIII--Regional plant protection
organizations
1. The contracting parties undertake to Strengthen or weaken the role
cooperate with one another in of regional plant protection
establishing regional plant protection organizations.
organizations in appropriate areas.
2. The regional plant protection
organizations shall function as the
coordinating bodies in the areas
covered, shall participate in various
activities to achieve the objectives
of this Convention and, where
appropriate, shall gather and
disseminate information.
ARTICLE IX--Settlement of disputes..... Add a new Article describing
the establishment of standards
and the role of a Commission
in standard setting.
1. If there is any dispute regarding Encourage country consultation
the interpretation or application of as the first level of
this Convention, or if a contracting resolution.
party considers that any action by Involve the Commission.
another contracting party 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.
[[Page 8215]]
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 the governments
concerned and to the governments of
other contracting parties.
3. The contracting parties 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.
ARTICLE X--Substitution of prior Add an Article describing the
agreements. role and function of a
Commission on Phytosanitary
Measures.
This Convention shall terminate and No changes proposed.
replace, between contracting parties,
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.
ARTICLE XI--Territorial application.... Add an Article describing the
role and function of the IPPC
Secretariat
1. Any state may at the time of Clarify the role of regional
ratification or adherence or at any economic integration
time thereafter communicate to the organizations.
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 state which has communicated to
the Director-General of FAO a
declaration in accordance with
paragraph 1 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
states of any declaration received
under this Article.
ARTICLE XII--Ratification and adherence
1. This Convention shall be open for Clarify the role of regional
signature by all states until 1 May economic integration
1952 and shall be ratified at the organizations.
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
states.
2. As soon as this Convention has come
into force in accordance with Article
XIV, it shall be open for adherence by
non-signatory states. 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
states.
ARTICLE XIII--Amendment
1. Any proposal by a contracting party Add provisions for a
for the amendment of this Convention Commission.
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
party 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
parties, 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 parties 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 parties. Amendments
involving new obligations for
contracting parties, however, shall
come into force in respect of each
contracting party only on acceptance
by it and as from the thirtieth day
after such acceptance.
[[Page 8216]]
5. The instruments of acceptance of
amendments involving new obligations
shall be deposited with the Director-
General of FAO, who shall inform all
contracting parties of the receipt of
acceptance and the entry into force of
amendments.
ARTICLE XIV--Entry into force
As soon as this Convention has been Clarify the role of regional
ratified by three signatory states it economic integration
shall come into force between them. It organizations.
shall come into force for each state
ratifying or adhering thereafter from
the date of deposit of its instrument
of ratification or adherence.
ARTICLE XV--Denunciation
1. Any contracting party may at any Clarify the role of regional
time give notice of denunciation of economic integration
this Convention by notification organizations.
addressed to the Director-General of
FAO. The Director-General shall at
once inform all signatory and adhering
States.
2. Denunciation shall take effect one
year from the date of receipt of the
notification by the Director-General
of FAO.
ANNEX.................................. Replace with standard for
certification.
1. Model Phytosanitary Certificate..... Continue to maintain annexes,
replace or supplement with
standards.
2. Model Phytosanitary Certificate for Amend certifying statements.
Re-Export.
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[FR Doc. 97-4477 Filed 2-21-97; 8:45 am]
BILLING CODE 3410-34-P