International Convention For The Protection Of Plants
Source: LNTS, vol. 126, pp. 305.
The Federal President Of The Austrian Republic; His Majesty The King Of The Belgians; The President Of The United States Of Brazil; The President Of The Republic Of Chile; His Majesty The King Of Denmark; His Majesty The King Of Egypt; His Majesty The King Of Spain; The President Of The Finnish Republic; The President Of The French Republic; The President Of The Republic Of Haiti; His Serene Highness The Regent Of The Kingdom Of Hungary; His Majesty The King Of Italy; Her Royal Highness The Grand Duchess Of Luxemburg; His Majesty The Sultan Of Morocco; His Majesty The King Of Norway; The President Of The Republic Of Paraguay; Her Majesty The Queen Of The Netherlands; The President Of The Polish Republic; The President Of The Portuguese Republic; His Majesty The King Of Roumania; His Majesty The King Of The Serbs, Croats And Slovenes; The Federal Council Of The Swiss Confederation; His Highness The Bey Of Tunis; The President Of The Republic Of Uruguay,
Having recognised the utility of international regulations and co-operation in combating plant diseases and pests, and of closer collaboration to that end, have decided to conclude a Convention for that purpose and have appointed as their Plenipotentiaries:
THE FEDERAL PRESIDENT OF THE AUSTRIAN REPUBLIC:
M. Alois VOLLGRUBER, Counsellor of the Austrian Legation accredited to His Majesty the King of Italy, Delegate to the Permanent Committee of the International Institute of Agriculture.
Dr. Bruno WAHL, Aulic Councillor, Director of the Federal Institute for the Protection of Plants at Vienna.
HIS MAJESTY THE KING OF THE BELGIANS:
M. Hector VAN ORSHOVEN, Director of the Horticultural Office of the Ministry of Agriculture,
Assisted by
M. Charles PYNAERT, President of the Belgian Horticulturists' Chamber, Member of the Higher Horticultural Board.
THE PRESIDENT OF THE UNITED STATES OF BRAZIL:
Dr. Deoclecio DE CAMPOS, Former Federal Deputy, Commercial Attaché of the Brazilian Embassy accredited to His Majesty the King of Italy, Delegate to the Permanent Committee of the International Institute of Agriculture.
M. Alberto BETIM PAES LEME, Professor at the Polytechnic School and at the National Museum of Rio de Janeiro.
THE PRESIDENT OF THE REPUBLIC OF CHILE:
Don Hector SOZA WERTH, Agronomical Engineer.
HIS MAJESTY THE KING OF DENMARK:
M. Johan Christian Westergaard KRUSE, Envoy Extraordinary and Minister Plenipotentiary accredited to His Majesty the King of Italy, Delegate to the Permanent Committee of the International Institute of Agriculture.
HIS MAJESTY THE KING OF EGYPT:
M. Edward BALLARD, Director of the Section for the Protection of Plants in the Ministry of Agriculture.
M. Tewfik FAHMY, First Mycological Specialist in the Section for the Protection of Plants in the Ministry of Agriculture.
M. Fathalla HETATA, Delegate to the Permanent Committee of the International Institute of Agriculture.
HIS MAJESTY THE KING OF SPAIN:
His Excellency Don Cipriano MUÑOZ Y MANZANO, COUNT DE LA VIÑAZA, Grandee of Spain, Ambassador of His Majesty the King of Spain accredited to His Majesty the. King of Italy.
Don Francisco BILBAO Y SEVILLA, Agronomical Engineer, Delegate to the Permanent Committee of the International Institute of Agriculture.
THE PRESIDENT OF THE REPUBLIC OF FINLAND:
M. Rolf THESLEFF, Doctor of Letters, Envoy Extraordinary and Minister Plenipotentiary accredited to His Majesty the King of Italy. M. Johan Ivar LIRO, Professor at the University of Helsinki.
THE PRESIDENT OF THE FRENCH REPUBLIC:
M. Maurice LESAGE, Director of Agriculture in the Ministry of Agriculture.
M. Jules Michel SAULNIER, Chief of the Service for the Protection of Plants and of the Phytopathological Inspectorate.
THE PRESIDENT OF THE REPUBLIC OF HAITI:
M. Augusto SACCOMANNI, Consul-General of the Republic of Haiti, Delegate to the Permanent Committee of the International Institute of Agriculture.
HIS MOST SERENE HIGHNESS THE REGENT OF THE KINGDOM OF HUNGARY:
His Excellency M. Rodolphe DE MARFFY MANTUANO, Envoy Extraordinary and Minister Plenipotentiary, Delegate to the Permanent Committee of the International Institute of Agriculture.
Professor Joseph JABLONOWSKI, Director-General of the Royal Hungarian Experiments Service.
HIS MAJESTY THE KING OF ITALY:
FOR ITALY:
His Excellency Professor Giuseppe DE MICHELIs, Senator, Ambassador of His Majesty the King of Italy, Delegate to the Permanent Committee of the International Institute of Agriculture and President of the Permanent Committee of the Institute.
Professor Vittorio PEGLION, Deputy, Director of the Higher Agricultural Institute at Bologna.
Dr. Mario MARIANI, Director-General of Agriculture in the Ministry of National Economy.
Assisted by:
Professor Filippo SILVESTRI, Director of the Higher Agricultural Institute at Portici. Professor Lionello PETRI, Director of the Royal Station for Plant Pathology at Rome.
Professor Piero VOGLINO, Director of the Experimental Laboratory of Phytopathology at Turin.
FOR CIRENAICA:
I [is Excellency Professor Guiseppe DE MICHELIS, Senator, Ambassador of His Majesty the King of Italy, Delegate to the Permanent Committee of the International Institute of Agriculture and President of the Permanent Committee of the Institute.
Professor Vittorio PEGLION, Deputy, Director of the Higher Agricultural Institute at Bologna.
Dr. Mario MARIANI, Director-General of Agriculture in the Ministry of National Economy.
Assisted by
Dr. Alessandro TROTTER, Professor at the Higher Agricultural Institute at Portici.
FOR ERITREA:
His Excellency Professor Guiseppe DE MICHELIS, Senator, Ambassador of His Majesty the King of Italy, Delegate to the Permanent Committee of the International Institute of Agriculture and President of ther Permanent Committee of the Institute.
Professor Vittorio PEGLION, Deputy, Director of the Higher Agricultural Institute at Bologna.
Dr. Mario MARIANI, Director-General of Agriculture in the Ministry of National Economy.
Assisted by
Dr. Alfonso CHIAROMONTE, of the Italian Colonial Agricultural Institute at Florence.
FOR ITALIAN SOMALILAND:
His Excellency Professor Giuseppe DE MICHELIS, Senator, Ambassador of His Majesty the King of Italy, Delegate to the Permanent Committee of the International Institute of Agriculture 'and President of the Permanent Committee of the Institute.
Professor Vittorio PEGLION, Deputy, Director of the Higher Agricultural Institute at Bologna.
Dr. Mario MARIANI, Director General of Agriculture in the Ministry of National Economy.
Assisted by
Dr. Alfonso CHIAROMONTE of the Italian Colonial Agricultural Institute at Florence.
FOR TRIPOLITANIA:
His Excellency Professor Guiseppe DE MICHELis, Senator, Ambassador of His Majesty the King of Italy, Delegate to the Permanent Committee of the International Institute of Agriculture and President of the Permanent Committee of the Institute.
Professor Vittorio PEGLION, Deputy, Director of the Higher Agricultural Institute at Bologna.
Dr. Mario MARIANI, Director-General of Agriculture in the Ministry of National Economy.
Assisted by
M. Alessandro TROTTER, Professor at the Higher Agricultural Institute at Portici. HER ROYAL HIGHNESS THE GRAND DUCHESS OF LUXEMBURG:
M. Hector VAN ORSHOVEN, Director of the Horticultural Office of the Belgian Ministry of Agriculture.
HIS MAJESTY THE SULTAN OF MOROCCO:
M. Louis Doi', Member of the Academy of Agriculture of France, Delegate to the Permanent Committee of the International Institute of Agriculture, Vice-President of the Permanent Committee of the Institute.
HIS MAJESTY THE KING OF NORWAY:
M. Johannes IRGENS, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the King of Norway accredited to His Majesty the King of Italy.
THE PRESIDENT OF THE REPUBLIC OF PARAGUAY:
M. Alessandro BOCCA, Consul of Paraguay at Rome, Delegate to the Permanent Committee of the International Institute of Agriculture.
HER MAJESTY THE QUEEN OF THE NETHERLANDS: FOR THE NETHERLANDS:
Dr. J. J. L. VAN RIJN, Agricultural Adviser, Delagate to the Permanent Committee of the International Institute of Agriculture.
M. N. VAN POETEREN, Engineer, Chief of the Phytopathological Service at Wageningen.
M. E. H. KRELAGE, President of the Netherlands Board of Agriculture at Harlem. Dr. L. NIEMÖLLER, Secretary of the Central Office for Public Sale of Fruit and Vegetables at The Hague.
M. H. TRIENEKENS, Member of the Managing Committee of the Netherlands Catholic League of Agriculturists and Horticulturists.
FOR THE NETHERLANDS EAST INDIES:
Dr. C. J. J. VAN HALL, Formerly Director of the Phytopathological Institute at Buitenzorg.
THE PRESIDENT OF THE POLISH REPUBLIC:
His Excellency Count Stefan PRZEZDZIECKI, Polish Envoy Extraordinary and Minister Plenipotentiary accredited to His Majesty the King of Italy. Assisted by:
M. Boleslas MIKULSKI, Commercial Adviser to the Polish Legation, Delegate to the
Permanent Committee of the International Institute of Agriculture.
Dr. Richard BLEDOWSKI, Professor at the Polish Free University of Warsaw, Deputy
to the Diet.
M. Withod HOYER, counsellor in the Ministry of Agriculture.
THE PRESIDENT OF THE PORTUGUESE REPUBLIC:
His Excellency Dr Henrique Trindade Coelho, Envoy Extraordinary and Minister Plenipotentiary accredited to His Majesty the King of Italy.
HIS MAJESTY THE KING OF ROUMANIA:
His Excellency Prince Démètre GHIKA, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the King of Roumania accredited to His Majesty the King of Italy.
Assisted by
Dr. Traian SAVULESCU, Professor at the Higher School of Agriculture at Bucharest.
HIS MAJESTY THE KING OF THE SERBS, CROATS AND SLOVENES:
His Excellency M. Milan M. RAKITCH, Envoy Extraordinary and Minister Plenipotentiary of His Majesty the King of the Serbs, Croats and Slovenes accredited to His Majesty the King of Italy.
Assisted by:
Dr. Velimir STOYKOVITCH, Chief of the Agrarian Policy Bureau in the Ministry of Agriculture.
M. Vladimir CHKORITCH, Assistant Professor at the University of Zagreb.
M. Jovan POPOVITCH, Chief of the Phytopathological Establishment in the Natural History Museum at Sarajevo.
THE FEDERAL COUNCIL OF THE SWISS CONFEDERATION:
His Excellency M. Georges WAGNIÈRE, Envoy Extraordinary and Minister Plenipoten
tiary of the Swiss Confederation accredited to His Majesty the King of Italy, Delegate
to the Permanent Committee of the International Institute of Agriculture.
M. Albert KÖNIG, Deputy, Director of the Agricultural Division in the Federal Department
of Public Economy.
Dr. H. FAES, Director of the Federal Station for Viticultural Tests at Lausanne.
HIS HIGHNESS THE BEY OF TUNIS:
M. Paul LESCURE, Director-General of Agriculture, Commerce and Colonisation. M. H. H. LAVERDET, Deputy Chief of the Agricultural Service.
THE PRESIDENT OF THE REPUBLIC OF URUGUAY:
Don Enrique José ROVIRA, Uruguayan Consul at Rome, Delegate to the Permanent Committee of the International Institute of Agriculture,
Who, being duly authorised thereto and having met at Rome at the seat of the International Institute of Agriculure, have agreed as follows:
Article I.
The Contracting States undertake to enact the necessary legislative and administrative measures with a view to ensuring effective joint action to prevent the introduction and extension of plant diseases and pests.
These measures shall be- specially directed towards:
(1) The supervision of farms, nurseries, gardens, hot-houses and any other establishments, the produce of which is intended for the trade in plants and parts of plants.
Each of the Contracting States shall draw up periodically a list of the various crops, plantations and products subject to such supervision.
(2) The detection of the appearance of plant diseases and pests and the announcement of the localities affected.
(3) The means of preventing and combating plant diseases and pests.
(4) The regulation of all types of transport and packing of plants and parts of plants, with prohibition of the employment for that purpose of any method or any material the use of which presents a real danger of the propagation of plant diseases.
(5) The penalties to be inflicted in the event of violation of the measures decreed. Article 2.
In each of the States acceding to the present Convention and official organisation for the protection of plants shall be created for the purpose of ensuring the execution of the measures provided for in Article I.
This official organisation shall comprise at least:
(1) An establishment for scientific technical study and research on microbiology, pathology and zoology as applied to agriculture.
(2) An official Service for the protection of plants, which shall have as its Object more especially:
(a) The supervision of the farms and establishments mentioned in Article 1 with a view to detecting the appearance and extension of plant diseases and pests;
(b) The dissemination of information concerning plant diseases and pests and the measures intended for their prevention and elimination;
(c) The inspection of consignments of plants and parts of plants;
(d) The issue of certificates concerning the health and origin of the plants and parts of plants consigned.
Article 3.
The measures provided for in Article 2, No. I, must already be in existence at the time of ratification of, or accession to, the present Convention; all other measures mentioned in Article 2 shall be taken by each of the signatory States as soon as possible, and at latest two years after ratification of, or accession to, the present Convention.
Article 4.
The Contracting States undertake to enact all necessary measures both to prevent and combat plant diseases and pests and to supervise the importation of plants and parts of plants, in particular those consigned from countries not as yet possessing any official organisation for the protection of plants.
When Contracting States require that plants or parts of plants to be imported shall be accompanied by a health certificate issued by a competent official agent duly authorised by the exporting State, the Contracting States must conform to the provisions of the present Convention.
Article 5.
The importation of plants and parts of plants which have to be accompanied by a health certificate or subjected to sanitary inspection shall be effected only through the Customs offices, a list of which shall be drawn up by the importing State, account being taken of the necessity of not hampering international trade. This list shall be published by the importing State in the Official Gazette in which the laws and regulations in force in its territory are inserted, and shall be communicated to any exporting States which may ask for it.
Article 6.
Each State retains the right to inspect and place in quarantine plants or parts of plants, or temporarily and exceptionally to prohibit their importation, even when the consignments are accompanied by a health certificate. Any country prohibiting importation shall state the reason for so doing.
Inspection shall take place as soon as possible and, in the case of perishable produce, without delay, that is, immediately on the arrival of the goods at the premises where inspection habitually takes place.
When consignments are found to be infected or infested, the importing State shall immediately, through the most rapid channel, notify the Government of the exporting State, which shall take the steps prescribed in its own regulations. Consignments found to he infected or infested may be subjected to disinfection or other treatment, in accordance with the legislation in force on the subject in the importing State, or may be sent back or destroyed, in all cases at the expense of the party concerned, and the importing State may in no case be declared responsible for any damages arising out of the measures taken.
If the produce is destroyed, a report shall be drawn up and transmitted without delay to the Government of the State concerned.
Article 7.
States which prohibit by means of general health measures the importation of certain plants or parts of plants shall publish their decision together with the reasons therefor in the Official Gazette in which the laws and regulations in force in their territory are inserted, and shall communicate them without delay to the International Institute of Agriculture.
Article 8.
The Contracting States undertake not to adopt import or transit prohibitions on phyto-sanitary grounds in regard to plants or parts of plants coming from a given State unless the presence of a plant disease or pest has actually been discovered in the territory of that State and real necessity exists for the protection of the crops of the State making the import prohibition.
Article 9.
Health certificates shall be drawn up in accordance with the model annexed to the present Convention.
Certificates shall be issued in conditions permitting of their verification if necessary.
Each Contracting State shall examine the measures to be taken, so that, while safeguarding itself, it may reduce to a minimum the number of cases in which the health certificate may be demanded when the produce imported is not to be utilised for the purpose of planting, for instance cereals, fruit, vegetables, and cut flowers.
Article 10.
In derogation of the above provisions:
(a) The importation of plants or parts of plants and of specimens of plant diseases and pests and of plants attacked thereby shall be permitted for the purpose of scientific research, after authorisation by the States concerned, and provided that the conditions of consignment offer every guarantee against the dissemination of plant diseases and pests;
(b) Contiguous States may come to an agreement to facilitate their exchanges of plants or parts of plants.
Article 11.
The different Contracting States are requested to publish in the Official Gazette in which the laws and regulations in force in their territory are inserted and to communicate to the Inter-national Institute of Agriculture at the time of ratification of the present Convention, a list of the plant diseases and pests against which they wish more especially to protect themselves and which shall be mentioned in the respective health certificates. The States acceding subsequently shall supply this list at the time of accession.
This list shall be kept up to date and any subsequent modification shall be published in the manner stated above, and communicated without delay to the International Institute of Agriculture
Article 12.
The existence or creation of an official service for the protection of plants shall be notified by each Contracting State to the International Institute of Agriculture.
Article 13.
The High Contracting Parties undertake to transmit without delay to the International Institute of Agriculture the communications mentioned in Article 9 * of the International Convention' of June 7, 1905, and all other communications relating to the present Convention.
Article 14.
Any proposal for the amendment of the present Convention shall be communicated to the International Institute of Agriculture.
Article 15.
States acceding to the Convention are requested to facilitate the combating of plant diseases and pests by giving each other mutual support and by exchanging any information or methods of prevention at their disposal.
Article 16.
In the event of a dispute regarding the interpretation of the clauses of the present Convention or of difficulties of a practical order in its application, or in the event of a State desiring to contest the reasons for measures prohibiting the admission of plants or parts of plants coming from its territory, one of the Parties concerned may, in agreement with the other Party, request the Inter-national Institute of Agriculture to act as mediator
For that purpose, the dispute shall he examined, in the light of all relevant documents and evidence, by a Technical Committee to which the States concerned and the International Institute of Agriculture shall each appoint an expert. This Committee shall submit a report which shall be notified by the International Institute of Agriculture to each of the States concerned, the Governments reserving all subsequent liberty of action.
The Governments concerned undertake jointly to bear the costs of the mission entrusted to the experts.
Article 17.
The Contracting States reserve, each for its own part, the right to apply to the importation of plants or parts of plants originating in and coming from a State which has not acceded to the present Convention, the whole or part of the régime provided by that Convention, to the extent to which each State shall deem that the organisation for the protection of plants in the non-acceding State really offers the guarantees required, and privided that, by way of reciprocity, the said State grants the same régime to the importation of plants and parts of plants originating in and coming from the territory of the acceding State.
In any case the régime granted, in accordance with the provisions of the present Article, to a State which has not acceded to the present Convention shall not be more favourable than that applicable under the Convention.
Article 18.
The Contracting States may stipulate that the provisions of the present Convention shall be substituted for those of any other international agreement at present in force on the subject, in so far as the said provisions are compatible with the obligations which they have assumed towards other States.
Article 19.
The present Convention shall be ratiffed as soon as possible and the ratifications shall be deposited with the Italian Government.
The Italian Government shall notify the other Contracting States and the International Institute of Agriculture of each ratification.
Article 20.
The States which have not signed the present Convention shall, at their request, be allowed to accede thereto.
Accession shall be notified through the diplomatic channel to the Italian Government and by that Government to the Contracting States and to the International Institute of Agriculture.
Article 21.
Any Contracting State may at any time inform the Italian Government that the present Convention is applicable to all or part of its colonies, protectorates, mandated territories, territories under its sovereignty or its authority, or any territories under its suzerainty. The Convention shall apply to all the territories mentioned in the notification. Failing such notification, the Convention shall not apply to these territories.
Article 22.
Ratification or accession shall be accompanied by an express declaration that the State in question possesses at least the establishment mentioned in Article 2, No I.
Article 23.
The present Convention shall come into force: for the three first sovereign States which ratify it, within a period of six months from the date of the third ratification; for all other States, within a period of six months from the deposit of their respective ratifications or accessions.
Article 24.
Any Contracting State desiring to denounce the present Convention either for the whole of its territories or only for the whole or part of its colonies, protectorates, possessions or territories mentioned in Article 21, shall signify the fact to the Italian Government, which shall immediately notify the other States acceding to the Convention and the International Institute of Agriculture, informing them at the same time of the date on which it received this denunciation.
The denunciation shall apply only to the State which has notified it or to the colonies, protectorates, possessions and territories mentioned in the instrument of denunciation, and only after the lapse of one year from the date on which the notification shall have reached the Italian Government.
In faith whereof the respective Plenipotentiaries have signed the present Convention.
Done at Rome on April the sixteenth, one thousand nine hundred and twenty-nine, in a single copy which shall be deposited in the archives of the Italian Ministry for Foreign Affairs. One certified true copy shall be transmitted through the diplomatic channel to each State signatory of the present Convention.
For Austria: Alois VOLLGRUBER, a. r. D. Bruno WAHL, a. r. For Belgium: H. VAN ORSHOVEN. For the United States of Brazil: Deoclecio DE CAMPOS. (ad referendum) For Chile: (a. r.) D. Hector SOZA W. For Denmark: For Egypt: Edvard BALLARD, a. r. Fathalla HETATA, a. r. Tewfik FAHMY, a. r. For Spain: Count DE LA VIÑAZA. Francisco BILBAO. For Finland: Rolf THESLEFF. J. Ivar LIRO. For France: M. LESAGE. J. M. SAULNIER. For Haiti: Augusto SACCOMANNI. For Hungary: Rodolphe MARFFY MANTUANO, a. Y. Joseph JABLONOWSKI, a. Y. For Italy: Giuseppe DE MICHELIS. Vittorio PEGLION. Mario MARIANI. For Cyrenaica: Giuseppe DE MICHELIS. Vittorio PEGLION. Mario MARIANI. For Erythrea: Giuseppe DE MICHELIS. Vittorio PEGLION. Mario MARIANI. For Italian Somaliland: Giuseppe DE MICHELIS. Vittorio PEGLION. Mario MARIANI. For Tripoli Giuseppe DE MICHELIS. Vittorio PEGLION. Mario MARIANI. For Luxemburg: H. VAN ORSHOVEN. For Morocco: Louis-Dop. For Norway For Paraguay: Alessandro BocCA, a. r. For the Netherlands: J. J. L. VAN RIJN. N. v. POETEREN. NIEMÖLLER. H. TRIENEKENS. For the Netherlands Indies: J. J. VAN HALL. For Poland For Portugal: (A. ref.) Henrique Trindade COELHO. For Roumania: J. GHIKA. For the Kingdom of the Serbes, Croats and Slovenes; M. M. RAKITCH. For Switzerland: WAGNIÉRE. A. KONIG. H. FAES. For Tunis: P. LESCURE. H. LAVERDET. For Uruguay: Enrique José RovIRA.
ANNEX.
(Name of Country.)
OFFICIAL SERVICE FOR THE PROTECTION OF PLANTS.
Serial No……………
CERTIFICATE OF HEALTH AND ORIGIN (A).
The undersigned[1] …………………………………………………………….. certifies, in accordance with the results:
of the supervision of the farms of origin[2];
of the 'inspection of the produce contained in the consignment [3];
that the plants or parts of plants contained in the consignment described below are deemed to be free from dangerous plant diseases or pests, and in particular from those enumerated hereinafter [3]…………………………………….
Description of the consignment.
Number, weight and nature of the packages………………………………
Mark of the packages…………………………………………………..
Description of the plants or parts of plants and indication of the place of cultivation[3]………………………………………….
Surname, Christian names and address of the consignor ……………………………..
Surname, Christian names and address of the consignee …………………………………..
Place and date of issue of certificate ………………………………………
(Seal)
Signature:
(A) It is recalled that for St - tes requiring the application of the Berne Convention of 1881 against Phylloxera the consignor must annex to the present certificate the declaration provided for in the said Convention.
[1] Surname, Christian names, official title and address of the agent authorised to deliver the certificate.
[2] Strike out what is not asked for by the importing State.
[3] In addition to the indications concerning the names of the plant diseases and pests enumerated in the official list of the importing State, and against which the latter more particularly desires protection mentioned should be made of any other special condition which may be required by the said State.
