Convention For The Establishment Of The European And Mediterranean Plant Protection Organisation
Source: Verträge der Bundesrepublik Deutschland, Serie A, vol. 4, pp. 186
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
Organisation
There shall be established a European and Mediterranean Plant Protection Organisation (hereinafter refered to as the Organisation), which takes over the assets and liabilities of the above-mentioned Committee and Working Party.
Article II
Definition
For the purpose of the present Convention the term "plants and plant products" means "living plants and parts of plants, unmanufactured materials of plant origin, and food products milled from plants and parts of plants".
Article III
Membership
a. Membership of the Organisation 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 III.
2. the Government of any other country which the Council of the Organisation 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 Organisation, 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 1V
Seat
a. The seat of the Organisation shall be in Paris.
b. Meetings of the Organisation shall normally take place at its seat.
Article V
Functions
a. The functions of the Organisation shall be:
1. to act, in agreement with the Food and Agriculture Organisation of the United Nations, as a recognised regional plant protection organisation under Article VIII of the International Plant Protection Convention of December 6, 1951;
2. to advise Member Governments on the technical, administrative and legislative measures necessary to prevent the introduction and spread of pests and diseases of plants and plant products;
3. to assist Member Governments where necessary in carrying out such measures;
4. where practicable, to coordinate and stimulate international campaigns against pests and diseases of plants and plant products;
5. to obtain information from Member Governments on the existence, outbreak and spread of pests and diseases of plants and plant products, and convey such information to Member Governments;
6. to provide for the exchange of information on national phytosanitary legislation, or other measures affecting the free movement of plants and plant products;
7. to study the possibility of simplification and unification of phytosanitary regulations and certificates;
8. to facilitate co-operation in research on the pests and diseases of plants and plant products and the methods of control and in the exchange of relevant scientific information;
9. to establish a documentation service and publish in an appropriate form material for publicity purposes or for technical or scientific advancement as may be determined by the Organisation;
10. to make recommendations to Member Governments on any of the matters referred to in this Article;
11. generally to take all necessary and appropriate action to achieve the purposes of the Organisation.
b. The functions of the Organisation shall be related principally but not exclusively to the pests and diseases specified in Schedule IXI.
Article VI
Obligations of Member Governments
Member Governments shall furnish to the Organisation so far as is practicable such information as the Organisation may reasonably require in order to carry out its functions.
Article VII
Relationship with Other Organisations
The Organisation shall co-operate with the Food and Agriculture Organisation of the United Nations and with other bodies with related responsibilities and shall use its best endeavours to prevent overlapping of activities.
Article VIII
Structure of the Organisation
The Organisation 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. the technical bodies (working parties and international conferences).
Article IX
The Council
a. The Council of the Organisation 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
The Council shall establish its Rules of Procedure and the financial Rules of the Organisation.
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 Organisation may be represented at any session of the Council by one or more observers without the right to vote.
Article XIII
Functions of the Council
The Council shall:
a. consider and decide upon the progress report of the Director-General on the work of the Organisation since the preceding regular session of the Council;
b. consider and approve the policies and programme of activity of the Organisation;
c. consider and approve the budget;
d. consider and approve the annual accounts and balance-sheet;
e. set up the ad hoc or permanent technical bodies;
f. consider and decide upon the reports of such technical bodies;
g. hold the statutory elections;
h. appoint the Director-General on such terms as it may determine;
i. decide upon any proposals submitted by the Executive Committee.
Article XIV
The Chairman and Vice-Chairman
a. The Council shall elect a Chairman and a Vice-Chairman from amongst representatives of Member Governments.
b. The Chairman and Vice-Chairman shall be elected for three years and be eligible for re-election.
c. The Chairman and Vice-Chairman of the Council shall serve in the same capacity within the Executive Committee.
Article XV
The Executive Committee
a. The Executive Committee shall be composed of the Chairman and Vice-Chairman of the Council and of five other representatives of Member Governments elected by the Council.
b. Members of the Executive Committee shall hold office for three years and be eligible for re-election.
c. If a vacancy occurs in the Executive Committee before the expiration of the term of appointment, the Executive Committee shall ask a Member Government to appoint a representative to fill the vacancy for the remainder of the term.
d. The Executive Committee shall meet at least twice a year.
Article XVI
Functions of the Executive Committee
The Executive Committee shall:
a. submit proposals for the Organisation's policies and programme of activity to the Council;
b. ensure that the activity of the Organisation 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 Organisation, 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 Organisation and the financial position.
Article XVIII
Finance
a. The expenditure of the Organisation shall be met by annual contributions from Member Governments according to the scale specified in Schedule I, and by such other receipts as may be approved by the Council or the Executive Committee.
b. Each Member Government shall determine the amount of its contribution, which shall be in accordance with the provisions of the foregoing paragraph save in exceptional cases approved by the Council.
c. Annual contributions shall be payable at the beginning of the Organisation's financial year.
d. The contributions of Member Governments shall be paid in currencies to be determined by the Executive Committee with the approval of the contributing Governments concerned.
e. Supplementary contributions may be paid by an individual Government or group of Governments towards special schemes or campaigns of control, which the Organisation may carry out in the interests of that Government or group of Governments.
f. An Accounts Verification Panel composed of representatives of three Member Governments elected by the Council for three years shall each year examine the accounts and the management of the Organisation. The Panel shall report to the Council. The Executive Committee may appoint chartered accountants to audit the accounts of the Organisation.
Article XIX
Amendments
a. Texts of proposed amendments to the present Convention and to Schedules I and II thereto shall be communicated by the Director-General to Member Governments at least three months in advance of their consideration by the Council.
b. Amendments to the Convention shall come into effect when adopted by a two thirds majority of the members of the Council present and voting, provided that amendments involving new obligations for Member Governments shall come into force in respect of each such Government only on acceptance by it.
c. Amendments to Schedules I and II shall be made by a majority of members present and voting.
d. Acceptance of amendments shall be deposited with the French Government who shall inform all Member Governments of the receipt of acceptances and the entry into force of amendments.
Article XX
Signature and Acceptance
a. The present Convention shall remain open for signature or acceptance and Governments to which membership of the Organisation is open by virtue of the 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 Governments of the date 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 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 with-draw 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 a year from the date of its receipt.
d. The French Government shall immediately inform all participating Governments of 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 signed or accepted the Convention of the date of entry into force of the Convention.
SCHEDULE I
Scale of annual contributions approved by the Council (see Article XVIII)
Category I . . . 500 pounds sterling
Category II . . . 1,000 pounds sterling
Category III . . . 1,500 pounds sterling
Category IV . . . 2,000 pounds sterling
Category V . . . 2,500 pounds sterling
SCHEDULE II
Pests and diseases to be given special attention by the Organisation with the dates of their inclusion in the Schedule (see Article Vb)
1. Colorado beetle (Leptinotarsa decemlineata) 1951
2. Potato root eelworm (Heterodera rostochiensis) 1951
3. San José scale (Aspidiotus perniciosus) 1951
4. Potato wart disease (Synchytrium endobioticum) 1951
5. Insect, fungus and rodent pests of stored foods, and rodent pests of crops (hitherto the concern of the European Working Party on Infestation Control) 1951
6. Fall webworm (Hyphantria cunea) 1952
SCHEDULE III
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 San Marino Algeria, Tunis and Morocco)
German Federal Republic
Greece
Hungary
Iceland
Ireland
Israel
Italy
Lebanon
Liechtenstein
Luxembourg
Monaco
Netherlands
Norway
Poland
Portugal
Roumania
Spain
Sweden
Switzerland
Syria
Turkey
U.S.S.R.
Ukraine
United Kingdom
Yugoslavia
In faith whereof the undersigned, duly authorised by their Governments, have signed the present Convention and the Schedules thereto.
Done in Paris this 18th day of April 1951 in a single copy, which will remain deposited in the archives of the French Government.
[Signatures]
