<ПЕРЕСМОТРЕННЫЙ ТЕКСТ МЕЖДУНАРОДНОЙ КОНВЕНЦИИ ПО ЗАЩИТЕ РАСТЕНИЙ, ЗАКЛЮЧЕННОЙ В РИМЕ 6 ДЕКАБРЯ 1951 ГОДА> [англ.](Одобрен в г. Риме 28.11.1979 Резолюцией 14/79 на 20-ой сессии Конференции ФАО)
REVISED TEXT
OF THE INTERNATIONAL PLANT PROTECTION
CONVENTION
(Rome, 28.XI.1979)
Preamble
The contracting parties,
recognizing the usefulness of international cooperation in controlling pests of
plants and plant products and in preventing their spread, and 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 and effective action to prevent the spread and introduction of
pests of plants and plant products and to promote measures for their control,
the contracting parties undertake to adopt the legislative, technical and
administrative measures specific in this Convention and in supplementary
agreements pursuant to Article III.
2. Each contracting party shall
assume responsibility for the fulfillment within its territories of all
requirements under this Convention.
Article II
Scope
1. For the
purpose 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 (1) (a) (iv) and V of this Convention may be
deemed necessary by contracting parties; and the term "plant products" shall
comprise unmanufactured material of plant origin (including seeds in so far as
they are not included in the term "plants") and those manufactured products
which, by their nature or that of their processing, may create a risk for the
spread of pests.
2. For the purposes 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.
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 or contracting parties.
Article III
Supplementary
Agreements
1. Supplementary agreements applicable to specific regions, to
specific pests, 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 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
1. Each contracting party
shall make 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 greenhouses),
and of plants and plant products in storage or in transportation, particularly
with the object of reporting the 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;
(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
1. Each contracting party shall make arrangements for the
issuance of phytosanitary certificates to accord with the plant protection
regulations of other contracting parties, 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 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 Imports
1. With the aim of preventing the
introduction of pests of plants and plant products into their territories,
contracting parties 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
which do not comply with the requirements prescribed under sub-paragraph (a) or
(b) of this paragraph, or require such consignments to be treated or destroyed
or removed from the country;
(e) list pests whose introduction 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
product, 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.
(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 endangering 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), (c) and (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 with FAO in the establishment of a world
reporting service on plant 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, for distribution by FAO to the contracting parties,
the following information:
(i) reports on the existence, outbreak and
spread of economically important pests of plants and plane 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 which 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 cooperate with one another in establishing
regional plant protection 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
1. If
there is any dispute regarding the interpretation or application of this
Convention, or if a contracting party considers that any action by 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.
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, caking into account all documents and other
forms of evidence submitted by the Governments concerned. This committee shall
submit a report co 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 Agreements
This
Convention shall terminate and replace, between contracting parties, the
International Convention respecting measures to be taken against the Phylloxera
vastatrix of
