2004/597/EG: Beschluss des Rates vom 19. Juli 2004 zur Genehmigung des Beitritts der Europäischen Gemeinschaft zum Internationalen Pflanzenschutzübereinkommen, revidiert und angenommen auf der 29. Tagung der FAO-Konferenz von November 1997 durch Entschließung Nr. 12/97

Durchsuchbarer Text in vereinfachter Darstellung. Tabellen, Abbildungen und verbindliche Gestaltung bitte anhand der Originaldateien prüfen.

d by the Commission. 2. International standards shall be adopted by the Commission. 3. Regional standards should be consistent with the principles of this Convention; such standards may be deposited with the Commission for consideration as candidates for international standards for phytosanitary measures if more broadly applicable. 4. Contracting Parties should take into account, as appropriate, international standards when undertaking activities related to this Convention. Article XI Commission on Phytosanitary Measures 1. Contracting Parties agree to establish the Commission on Phytosanitary Measures within the framework of the Food and Agriculture Organisation of the United Nations (FAO). 2. The functions of the Commission shall be to promote the full implementation of the objectives of the Convention and, in particular, to: (a) review the state of plant protection in the world and the need for action to control the international spread of pests and their introduction into endangered areas; (b) establish and keep under review the necessary institutional arrangements and procedures for the development and adoption of international standards, and to adopt international standards; (c) establish rules and procedures for the resolution of disputes in accordance with Article XIII; (d) establish such subsidiary bodies of the Commission as may be necessary for the proper implementation of its functions; (e) adopt guidelines regarding the recognition of regional plant protection organisations; (f) establish cooperation with other relevant international organisations on matters covered by this Convention; (g) adopt such recommendations for the implementation of the Convention as necessary; and (h) perform such other functions as may be necessary to the fulfilment of the objectives of this Convention. 3. Membership in the Commission shall be open to all Contracting Parties. 4. Each Contracting Party may be represented at sessions of the Commission by a single delegate who may be accompanied by an alternate, and by experts and advisers. Alternates, experts and advisers may take part in the proceedings of the Commission but may not vote, except in the case of an alternate who is duly authorised to substitute for the delegate. 5. The Contracting Parties shall make every effort to reach agreement on all matters by consensus. If all efforts to reach consensus have been exhausted and no agreement is reached, the decision shall, as a last resort, be taken by a two-thirds majority of the Contracting Parties present and voting. 6. A Member Organisation of FAO that is a Contracting Party and the Member States of that Member Organisation that are Contracting Parties shall exercise their membership rights and fulfil their membership obligations in accordance, mutatis mutandis, with the Constitution and General Rules of FAO. 7. The Commission may adopt and amend, as required, its own Rules of Procedure, which shall not be inconsistent with this Convention or with the Constitution of FAO. 8. The Chairperson of the Commission shall convene an annual regular session of the Commission. 9. Special sessions of the Commission shall be convened by the Chairperson of the Commission at the request of at least one-third of its members. 10. The Commission shall elect its Chairperson and no more than two Vice-Chairpersons, each of whom shall serve for a term of two years. Article XII Secretariat 1. The Secretary of the Commission shall be appointed by the Director-General of FAO. 2. The Secretary shall be assisted by such secretariat staff as may be required. 3. The Secretary shall be responsible for implementing the policies and activities of the Commission and carrying out such other functions as may be assigned to the Secretary by this Convention and shall report thereon to the Commission. 4. The Secretary shall disseminate: (a) international standards to all Contracting Parties within 60 days of adoption; (b) to all Contracting Parties, lists of points of entry under Article VII paragraph 2(d) communicated by Contracting Parties; (c) lists of regulated pests whose entry is prohibited or referred to in Article VII paragraph 2(i) to all Contracting Parties and regional plant protection organisations; (d) information received from Contracting Parties on phytosanitary requirements, restrictions and prohibitions referred to in Article VII paragraph 2(b), and descriptions of official national plant protection organisations referred to in Article IV paragraph 4. 5. The Secretary shall provide translations in the official languages of FAO of documentation for meetings of the Commission and international standards. 6. The Secretary shall cooperate with regional plant protection organisations in achieving the aims of the Convention. Article XIII 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 VII of this Convention, especially regarding the basis of prohibiting or restricting the imports of plants, plant products or other regulated articles coming from its territories, the Contracting Parties concerned shall consult among themselves as soon as possible with a view to resolving the dispute. 2. If the dispute cannot be resolved by the means referred to in paragraph 1, the Contracting Party or parties concerned may request the Director-General of FAO to appoint a committee of experts to consider the question in dispute, in accordance with rules and procedures that may be established by the Commission. 3. This Committee shall include representatives designated by each Contracting Party concerned. The Committee shall consider the question in dispute, taking into account all documents and other forms of evidence submitted by the Contracting Parties concerned. The Committee shall prepare a report on the technical aspects of the dispute for the purpose of seeking its resolution. The preparation of the report and its approval shall be according to rules and procedures established by the Commission, and it shall be transmitted by the Director-General to the Contracting Parties concerned. The report may also be submitted, upon its request, to the competent body of the international organisation responsible for resolving trade disputes. 4. 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 Contracting Parties concerned of the matter out of which the disagreement arose. 5. The Contracting Parties concerned shall share the expenses of the experts. 6. The provisions of this Article shall be complementary to and not in derogation of the dispute settlement procedures provided for in other international agreements dealing with trade matters. Article XIV 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 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 XV Territorial application 1. Any Contracting Party 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 30th day after the receipt of the declaration by the Director-General. 2. Any Contracting Party 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 30th day after the receipt of the declaration by the Director-General. 3. The Director-General of FAO shall inform all Contracting Parties of any declaration received under this Article. Article XVI Supplementary agreements 1. The Contracting Parties may, for the purpose of meeting special problems of plant protection which need particular attention or action, enter into supplementary agreements. Such agreements may be 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 supplement the provisions of this Convention. 2. Any such supplementary agreements shall come into force for each Contracting Party concerned after acceptance in accordance with the provisions of the supplementary agreements concerned. 3. Supplementary agreements shall promote the intent of this Convention and shall conform to the principles and provisions of this Convention, as well as to the principles of transparency, non-discrimination and the avoidance of disguised restrictions, particularly on international trade. Article XVII Ratification and adherence 1. This Convention shall be open for signature by all States until 1 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 states. 2. As soon as this Convention has come into force in accordance with Article XXII it shall be open for adherence by non-signatory States and Member Organisations of FAO. Adherence shall be effected by the deposit of an instrument of adherence with the Director-General of FAO, who shall notify all Contracting Parties. 3. When a Member Organisation of FAO becomes a Contracting Party to this Convention, the Member Organisation shall, in accordance with the provisions of Article II(7) of the FAO Constitution, as appropriate, notify at the time of its adherence such modifications or clarifications to its declaration of competence submitted under Article II(5) of the FAO Constitution as may be necessary in light of its acceptance of this Convention. Any Contracting Party to this Convention may, at any time, request a Member Organisation of FAO that is a Contracting Party to this Convention to provide information as to which, as between the Member Organisation and its Member States, is responsible for the implementation of any particular matter covered by this Convention. The Member Organisation shall provide this information within a reasonable time. Article XVIII Non-Contracting Parties The Contracting Parties shall encourage any State or Member Organisation of FAO, not a party to this Convention, to accept this Convention, and shall encourage any non-Contracting Party to apply phytosanitary measures consistent with the provisions of this Convention and any international standards adopted hereunder. Article XIX Languages 1. The authentic languages of this Convention shall be all official languages of FAO. 2. Nothing in this Convention shall be construed as requiring Contracting Parties to provide and to publish documents or to provide copies of them other than in the language(s) of the Contracting Party, except as stated in paragraph 3 below. 3. The following documents shall be in at least one of the official languages of FAO: (a) information provided according to Article IV paragraph 4; (b) cover notes giving bibliographical data on documents transmitted according to Article VII paragraph 2(b); (c) information provided according to Article VII(2)(b), (d), (i) and (j); (d) notes giving bibliographical data and a short summary of relevant documents on information provided according to Article VIII(1)(a); (e) requests for information from contact points as well as replies to such requests, but not including any attached documents; (f) any document made available by Contracting Parties for meetings of the Commission. Article XX Technical assistance The Contracting Parties agree to promote the provision of technical assistance to Contracting Parties, especially those that are developing Contracting Parties, either bilaterally or through the appropriate international organisations, with the objective of facilitating the implementation of this Convention. Article XXI Amendment 1. Any proposal by a Contracting Party 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 Party shall be presented to a regular or special session of the Commission 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 Commission. 3. Notice of any proposed amendment of this Convention, other than amendments to the Annex, 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 Commission at which the matter is to be considered is dispatched. 4. Any such proposed amendment of this Convention shall require the approval of the Commission and shall come into force as from the 30th day after acceptance by two-thirds of the Contracting Parties. For the purpose of this Article, an instrument deposited by a Member Organisation of FAO shall not be counted as additional to those deposited by Member States of such an organisation. 5. 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 30th day after such acceptance. 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. 6. Proposals for amendments to the model phytosanitary certificates set out in the Annex to this Convention shall be sent to the Secretary and shall be considered for approval by the Commission. Approved amendments to the model phytosanitary certificates set out in the Annex to this Convention shall become effective 90 days after their notification to the Contracting Parties by the Secretary. 7. For a period of not more than 12 months from an amendment to the model phytosanitary certificates set out in the Annex to this Convention becoming effective, the previous version of the phytosanitary certificates shall also be legally valid for the purpose of this Convention. Article XXII Entry into force As soon as this Convention has been ratified by three signatory States it shall come into force among them. It shall come into force for each State or Member Organisation of FAO ratifying or adhering thereafter from the date of deposit of its instrument of ratification or adherence. Article XXIII Denunciation 1. Any Contracting Party 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 Contracting Parties. 2. Denunciation shall take effect one year from the date of receipt of the notification by the Director-General of FAO. ANHANG ZU ANHANG I Text von Bild MODEL PHYTOSANITARY CERTIFICATE No Plant protection organisation of To: Plant protection organisation(s) of I. Description of consignment Name and address of exporter: Declared name and address of consignee: Number and description of packages: Distinguishing marks: Place of origin: Declared means of conveyance: Declared point of entry: Name of produce and quantity declared: Botanical name of plants: This is to certify that the plants, plant products or other regulated articles described herein have been inspected and/or tested according to appropriate official procedures and are considered to be free from the quarantine pests specified by the importing contracting party and to conform with the current phytosanitary requirements of the importing contracting party, including those for regulated non-quarantine pests. They are deemed to be practically free from other pests. * II. Additional declaration III. Disinfestation and/or disinfection treatment Date Treatment Chemical (active ingredient) Duration and temperature Concentration Additional information Place of issue (Stamp of Organisation) Name of authorised officer Date (Signature) No financial liability with respect to this certificate shall attach to (name of plant protection organisation) or to any of its officers or representatives. * * Optional clause. Text von Bild MODEL PHYTOSANITARY CERTIFICATE FOR RE-EXPORT No Plant protection organisation of (contracting party of re-export) To: Plant protection organisation(s) of (contracting party(ies) of import) I. Description of consignment Name and address of exporter: Declared name and address of consignee: Number and description of packages: Distinguishing marks: Place of origin: Declared means of conveyance: Declared point of entry: Name of produce and quantity declared: Botanical name of plants: This is to certify that the plants, plant products or other regulated articles described above were imported into (contracting party of re-export) from (contracting party of origin) covered by Phytosanitary Certificate No , *original certified true copy of which is attached to this certificate; that they are packed repacked in original *new containers, that based on the original phytosanitary certificate and additional inspection , they are considered to conform with the current phytosanitary requirements of the importing contracting party, and that during storage in (contracting party of re-export), the consignment has not been subjected to the risk of infestation or infection. * Insert tick in appropriate boxes. ANHANG II Declaration by the European Community on the exercise of competence according to Article XVII(3) of the International Plant Protection Convention In accordance with the provisions of Article II(7) of the FAO Constitution, the European Community hereby declares that its declaration of competence submitted to FAO under Article II(5) of the FAO Constitution still applies in the light of its adherence to the International Plant Protection Convention.