Amendments To The Convention For The Establishment Of The European And Mediterranean Plant Protection Organization

Filename: 1982-Amendments-1951-EuropeanMediterraneanPlantProtection.AA19820923.EN.txt
Source: Copy provided by the European And Mediterranean Plant Protection Organisation Secretariat.

Convention For The Establishment Of The European And Mediterranean Plant Protection Organisation (Text as originally approved and as amended by the Council on 27 April 1955, 9 May 1962, 18 September 1968, 19 September 1973 and 23 September 1982)

Source: Copy provided by the European And Mediterranean Plant Protection Organisation Secretariat.

The Governments parties to the present Convention, being conscious of the importance of international co-operation in the prevention of the introduction and spread of pests and diseases of plants and plant products, and desiring to continue and extend the work formerly done in this field by the International Committee for the Control of the Colorado Beetle and by the European Working Party on Infestation Control, have agreed as follows:

Article I. - Aims

There shall be established a European and Mediterranean Plant Protection Organization (hereinafter referred to as the Organization), as a recognized regional plant protection organization under Article VIII of the International Plant Protection Convention of December 6, 1951, established by the Food and Agriculture Organization of the United Nations (FAO). The aims of the Organization are to pursue and develop international cooperation in controlling pests of plants and plant products and in preventing their spread and especially their introduction across national boundaries.

Article II. - Definitions

a. For the purposes of the present Convention, the term « plants >> shall comprise living plants and parts thereof, including seeds as defined in Article II of the FAO International Plant Protection Convention, 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 a plants >>) and those manufactured products which, by their nature or that of their processing, may create a risk for the spread of pests.

b. For the purposes of the present Convention, the term a pests >> means any form of plant or -animal life or any pathogenic agent, injurious or potentially injurious to plants or plant products.

Article III. - Membership

a. Membership of the Organization shall be open to the following by adherence to the present Convention according to the provisions of Article XX :

1. the Governments of the countries in Schedule II ;

2. the Government of any other country which the Council of the Organization may decide to invite to become a Member.

b. The Government of any territory about which a declaration has been made under the terms of Article XXI may be admitted to membership by the Council of the Organization, but only on the proposal of the Member who made the declaration. Any such decision shall require a two-thirds majority of the votes cast. Territories so admitted shall be such as can in the opinion of the Council make a definite and individual contribution to the work of the Organization.

Article IV. - Seat

a. The seat of the Organization shall be in Paris.

b. The administrative meetings of the Organization shall normally take place at its seat.

Article V. - Functions

The functions of the Organization shall be :

a. to advise Member Governments on the technical, administrative and legislative measures necessary to prevent the introduction and spread of pests of plants and plan products ;

b. to assist Member Governments where necessary in carrying out such measures ;

c. where practicable, to coordinate and stimulate international campaigns against pests o plants and plant products;

d. to obtain information from Member Governments on the existence, outbreak or spread of pests of plants and plant products, and convey such information to Member Governments ;

e. to provide for the exchange of information on national phytosanitary legislation, or other measures affecting the free movement of plants and plant products ;

f. to study the possibility of simplification and unification of phytosanitary regulations and certificates ;

g. to facilitate cooperation in research on the pests of plants and plant products and tit( methods of control and in the exchange of relevant scientific information ;

h. to establish a documentation service and publish in an appropriate form material foe publicity purposes or for technical or scientific advancement as may be determined by the Organization ;

i. to make recommendations to Member Governments on any of the matters referred to it this Article ;

j. generally to take all necessary and appropriate action to achieve the aims of the Organization.

Article VI. - Obligations of Member Governments

a. Member Governments shall furnish to the Organization so far as is practicable such information as the Organization may reasonably require in order to carry out its functions.

b. Member Governments shall endeavour to implement the recommendations made by the Council of the Organization.

Article VII. - Relationship with Other Organizations

The Organization shall cooperate with FAO and with other bodies with related responsibilities and shall use its best endeavours to prevent overlapping of activities.

Article VIII. - Structure of the Organization

The Organization shall consist of:

a. the Council;

b. the administration, comprising the Executive Committee, the Director-General and the staff;

c. the Accounts Verification Panel;

d. such bodies as Council may decide to set up under Article XIII a.5.

Article IX. - The Council

a. The Council of the Organization shall consist of representatives of Member Governments.

Each Member Government shall be entitled to appoint one representative to the Council and one alternate.

Representatives and alternates appointed by Member Governments may be accompanied by associates and advisers.

b. Each Member Government shall have one vote in the Council.

Article X. - Sessions of the Council

a. The Council shall ordinarily meet in regular session once in each year.

b. Extraordinary sessions of the Council shall be called at any time when the Chairman is so requested in writing by at least one third of the Member Governments.

Article XI. - Rules

Council shall establish the Rules of Procedure of the Organization and the Financial Rules of the Organization.

Article XII. - Observers

With the consent of the Council, any non-member Government and any international body whose responsibilities are related to those of the Organization may be represented at any session of the Council by one or more observers without the right to vote.

Article XIII. - Functions of Council

The Council shall :

a. consider and decide upon :

1. the progress report of the Director-General on the work of the Organization since the preceding regular session of the Council ;

2. the policies and programme of activity of the Organization ;

3. the budget;

4. the annual accounts and balance sheet ;

5. the setting up and dissolution of ad hoc or permanent bodies to pursue the work of the Organization ;

6. the reports of such bodies ;

7. any proposals submitted by the Executive Committee ;

b. hold the statutory elections ;

c. appoint the Director-General on such terms as it may determine.

Article XIV. - Chairman and Vice-Chairman

a. The Council shall elect a Chairman and a Vice-Chairman from amongst representation of Member Governments.

b. The Chairman and Vice-Chairman shall be elected for a period of three years and be eligible for one further term of office.

c. The Chairman and Vice-Chairman shall serve in the same capacity within both Council and the Executive Committee.

d. The Chairman and Vice-Chairman shall cease to represent their countries on elections.

Article XV. - The Executive Committee

a. The Executive Committee shall be composed of the Chairman and Vice-Chairman of seven representatives of Member Governments elected by the Council.

b. Members of the Executive Committee shall normally hold office for three years and eligible for re-election.

c. If a vacancy occurs in the Executive Committee before the expiration of the term appointment, the Executive Committee shall ask a Member Government to appoint representative to fill the vacancy for the remainder of the term.

d. The Executive Committee shall meet at least once a year.

Article XVI. - Functions of the Executive Committee

The Executive Committee shall :

a. submit proposals for the Organization's policies and programme of activity to the Council ;

b. ensure that the activity of the Organization conforms with the decisions of the Council ;

c. submit the draft budget and the annual accounts and balance sheet to the Council ; the Executive Committee may approve a provisional budget pending its consideration by the Council ;

d. undertake such other tasks as may be assigned to it under this Convention or entrusted to it by the Council ;

e. adopt its own procedure.

Article XVII. - The Director-General

The Director-General shall :

a. be the head of the secretariat of the Organization, which functions under his responsibility ;

b. carry out the programme approved by the Council and such tasks as may be entrusted to him by the Executive Committee ;

c. report at each regular session of the Council on the activity of the Organization and the financial position.

Article XVIII. - Finance

a. The expenditure of the Organization shall be met by annual contributions from Member Governments and by such other receipts as may be approved by the Council or the Executive Committee.

b. The amount of the annual contribution of each Member Government shall be based on the scale of contributions as specified in Schedule I.

c. Governments newly adhering to the Convention, if members of FAO, enter the appropriate category on the scale in Schedule I, and, if not members, the category decided by the Council.

d. On the recommendation of the Executive Committee, the Council may decide to apply a coefficient to the basic contribution laid down in Schedule I, in order to adjust it to the activities of the Organization or to the economic situation of the moment. The decision is taken by a two-thirds majority of the Member Governments present and voting.

e. Annual contributions shall be payable at the beginning of the Organization's financial year

f The contributions of Member Governments shall be paid in currencies to be determined by the Executive Committee with the approval of the contributing Government concerned.

g. The first annual contribution of a Government newly adhering to the Convention shall be payable for the financial year of the Organization during which the provisions of Article XX are fulfilled.

h. Supplementary contributions may be paid by an individual Government or group of Governments towards special schemes or campaigns of control, which the Organization may carry out in the interest of that Government or group of Governments.

i. An Accounts Verification Panel composed of representatives of three Member Governments shall be elected by the Council. Members of the Panel shall be elected for three years and shall not be eligible for re-election during the next three years.

j. The Executive Committee shall, with approval of the Council, appoint an auditor to audit the accounts of the Organization each year.

k. The Accounts Verification Panel shall each year examine, with the auditor, the accounts and management of the Organization and report to the Council.

Article XIX. - Amendments

a. Texts of proposed amendments to the present Convention and to Schedule 1 the shall be communicated by the Director-General to Member Governments at least months in advance of their consideration by the Council.

b. Amendments to the Convention shall come into effect when adopted by a two-t majority of the members of the Council present and voting, provided that amends involving new obligations for Member Governments - with the exception o amendments to Schedule I referred to in paragraph c. below - shall come into force respect of each such Government only on acceptance by it.

c. Amendments to Schedule I shall be adopted by the Council by a majority of two-thirds of the Member Governments.

d. Acceptance of amendments shall be deposited with the French Government who will inform all Member Governments of the receipt of acceptances and the entry into of amendments.

Article XX. - Signature and Acceptance

a. The present Convention shall remain open for signature or acceptance Governments to which membership of the Organization is open by virtue of provisions of Article III may become parties to the Convention by :

1. signature ;

2. signature subject to ratification ;

3. acceptance.

b. Acceptance shall be effected by the deposit of an instrument with the French Government.

c. The French Government shall immediately inform all Member Governments of the on which each has signed or accepted the Convention.

Article XXI. - Territorial Application

a. Any Government may at any time declare that its participation in the Convention includes all or any of the territories for whose international relations it is responsible. Such declaration shall be deposited with the French Government.

b. Any declaration made by a Member Government under the preceding paragraph shall take effect on the thirtieth day following its receipt by the French Government.

c. The French Government shall immediately inform all Governments parties to the Convention of declarations made under this Article.

Article XXII. - Withdrawal

a. Any Member Government may at any time after two years of membership withdrawal from this Convention by giving written notice of withdrawal to the French Government. The withdrawal shall take effect one year from the date of receipt of the notification.

b. The non-payment of two consecutive annual contributions shall under normal conditions imply the withdrawal from the Convention of the defaulting Member Government.

c. The application of the Convention to a territory or territories under Article XXI may be terminated by written notification to the French Government by the participating Government responsible for the international relations of such territory or territories. The notification shall take effect one year from the date of its receipt.

d. The French Government shall immediately inform all participating Governments o notifications given under this Article.

Article XXIII. - Entry into Force

a. The present Convention shall enter into force on the date on which five Governments have become parties thereto in accordance with the provisions of Article XX.

b. The French Government shall immediately inform all Governments which have signet or accepted the Convention of the date of entry into force of the Convention.

SCHEDULE I

Scale of Annual Contributions

expressed in French francs and derived from the scale as approved for pounds sterling Council on 18 September, 1968 and based on the shares paid by FAO Member Governments for the FAO budget of 1966-1967.

(see Article XVIII)

Category [TAB] Percentage paid to FAO [TAB] Annual contributions in French francs [TAB] Member Governments

1 [TAB] less than 0.01 [TAB] 4 590 [TAB] -

2 [TAB] 0.01 - 0.15 [TAB] 9 180 [TAB] Algeria Cyprus Guernsey Jersey Luxembourg Malta Morocco Tunisia

3 [TAB] 0.16 - 0.45 [TAB] 13 770 [TAB] Bulgaria Greece Hungary Ireland Israel Portugal

4 [TAB] 0.46 - 0.75 [TAB] 18 360 [TAB] Austria Finland Norway Romania Turkey Yugoslavia

5 [TAB] 0.76 - 1.35 [TAB] 22 950 [TAB] Czechoslovakia Denmark German Democratic Republic Spain Switzerland

6 [TAB] 1.36 - 2.00 [TAB] 27 540 [TAB] Belgium Netherlands Poland Sweden

7 [TAB] 2.01 - 2.50 [TAB] 32 130 [TAB] -

8 [TAB] 2.51 - 5.00 [TAB] 36 720 [TAB] Italy

9 [TAB] 5.01 - 7.50 [TAB] 41 310 [TAB] -

10 [TAB] 7.51 - 10.00 [TAB] 45 900 [TAB] Federal Republic of Germany France United Kingdom USSR

SCHEDULE II

Countries of Europe and the Mediterranean Area

invited in 1951 to accept the Convention

Albania

Austria

Belgium

Bielo-Russia

Bulgaria

Czechoslovakia

Denmark

Egypt

Finland

France (also for Algeria,Tunis and Morocco)

German Federal Republic

Greece

Hungary

Iceland

Ireland

Israel

Italy

Lebanon

Liechtenstein

Luxembourg

Monaco

Netherlands

Norway

Poland

Portugal

Roumania

San Marino

Spain

Sweden

Switzerland

Syria

Turkey

U.S.S.R.

Ukraine

United Kingdom

Yugoslavia

Signatories to the Original Text

In faith whereof the undersigned, duly authorised by their Governments, have sign present Convention and the Schedules thereto.

DONE IN PARIS this 18th day of April 1951 in a single copy, which will remain dept in the Archives of the French Government.

For Denmark: Halvor Skov, P. Bovien

For Belgium: Guillaume, H. Van Orshoven

For Spain: Miguel Benlloch

For France: R. Protin

For Ireland: D. Delaney

For Italy: A. Melis

For Luxembourg: E. Wirion

For the Netherlands: C. J. Briejer

For Portugal: Francisco Aranha

For the Federal Republic of Germany: H. Drees

For the United Kingdom: J. Hensley

For Switzerland: A. Chaponnier

For the F. P. R. of Yugoslavia: G. Nonveiller

For Austria: F. Beran

For Greece: D. Koulopoulos

Certified true copy of the original document deposited in the Archives of the French Republic.

Le Ministre Plenipotentiaire Chef du Service du Protocol.

Edouard de la Chauviniere

European And Mediterranean Plant Protection Organization Member Governments at 23 September, 1982

Algeria

Austria

Belgium

Bulgaria

Cyprus

Czechoslovakia

Denmark

Federal Republic of Germany

Finland

France

German Democratic Republic

Greece

Guernsey

Hungary

Ireland

Israel

Italy

Jersey

Luxembourg

Malta

Morocco

Netherlands

Norway

Poland

Portugal

Romania

Spain

Sweden

Switzerland

Tunisia

Turkey

Union of Soviet Socialist Republics

United Kingdom

Yugoslavia