Committee on Trade and Environment - Special Session - Matrix on Trade Measures Pursuant to Selected Multilateral Environmental Agreements - Note by the Secretariat

I.                   Brief Description of the MEAs

A.                 International Plant Protection Convention

1.                  The International Plant Protection Convention (IPPC) was adopted in November 1951 and entered into force in April 1952 (IPPC 1951).  It was revised in 1979 (IPPC 1979).  The 1979 revised text came into force in April 1991 and is the text currently in force with respect to all contracting parties.  It was further amended in 1997 (the 1997 Amendments); these amendments have not yet entered into force.  However, when adopting the 1997 Amendments, the Conference Food and Agriculture Organization of the United Nations (FAO), also agreed on the implementation of some of the amendments, on an interim basis.  Therefore, provisions of IPPC 1979 and of the 1997 Amendments will be referred to hereafter.

 

IPPC 1979

1997 Amendments

Website

à www.ippc.int

Objective

à The IPPC is an international treaty for plant protection.  Its purpose is to "secur[e] common and effective action to prevent the spread and introduction of pests of plants and plant products, and to promote appropriate measures for their control", i.e. (See 1997 Amendments, Article I).

à Although the IPPC has strong implications for international trade, its focus is international cooperation for plant protection.  Many forms of cooperation fall within the scope of the Convention. Its application to plants is not limited to the protection of cultivated plants or direct damage from pests.  The scope of the Convention extends to the protection of cultivated and natural flora, as well as plant products, and includes direct and indirect damage by pests.

à The Preamble recognizes that phytosanitary measures should be technically justified, transparent and should not be applied in such a way as to constitute either a means of arbitrary or unjustified discrimination or a disguised restriction, particularly on international trade;  it also takes note of the Agreements concluded as a result of the Uruguay Round of Multilateral Trade Negotiations, including the SPS Agreement.

Date of Adoption

November 1979

November 1997

Entry into force

4 April 1991

Not in force (Entry into force requires acceptance by two-thirds of the contracting parties). (See Article XII:4 of IPPC 1979 below)

 

1) Entry into Force: General

 

Article XIV – Entry into force

"As soon as this Convention has been ratified by three signatory states it shall come into force between them. It shall come into force for each state ratifying or adhering thereafter from the date of deposit of its instrument of ratification or adherence".

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 organization of FAO ratifying or adhering thereafter from the date of deposit of its instrument of ratification or adherence".

 

2) Entry into Force of Amendments

 

Article XII:4 – Amendment

"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".

Article XXI:4 – Amendment

"4. Any such proposed amendment of this Convention shall require the approval of the Commission and shall come into force as from the thirtieth day after acceptance by two-thirds of the contracting parties. For the purpose of this Article, an instrument deposited by a member organization of FAO shall not be counted as additional to those deposited by member states of such an organization".

Parties

120

So far, 44 states have accepted the 1997 Amendments.

WTO Members

99 Parties to IPPC are also WTO Members.

38 states that have accepted the 1997 Amendments are also WTO Members.

Openness of membership

IPPC 1979: Article XI – 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 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 XVII – Ratification and adherence

1. Ibid. IPPC 1979.

2. Ibid. IPPC 1979.

"3. When a member organization of FAO becomes a contracting party to this Convention, the member organization shall, in accordance with the provisions of Article II paragraph 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 paragraph 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 organization of FAO that is a contracting party to this Convention to provide information as to which, as between the member organization and its member states, is responsible for the implementation of any particular matter covered by this Convention. The member organization shall provide this information within a reasonable time".