Amendments To Articles XVIII And XIX And Schedule I Of The Convention For The Establishment Of The European And Mediterranean Plant Protection Organization

Filename: 1968-Amendments-1951-EuropeanMediterraneanPlantProtection.AA19680918.EN.txt
Source: Copy provided by the European And Mediterranean Plant Protection Organisation Secretariat (EPPO Publications. Series D. No 1).

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

Source: Copy provided by the European And Mediterranean Plant Protection Organisation Secretariat (EPPO Publications. Series D. No 1).

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. - Organization

There shall be established a European and Mediterranean Plant Protection Organization (hereinafter referred to as the Organization), 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 a plants and plant products » means a living plants and parts of plants, unmanufactured materials of plant origin, and food products milted from plants and parts of plants.

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 III;

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. Meetings of the Organization shall normally take place at its seat.

Article V. - Functions

a. The functions of the Organization shall be:

1. to act, in agreement with the Food and Agriculture Organization of the United Nations, as a recognized regional plant protection organization 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 co-ordinate and stimulate international campaigns against pests and diseases of plants and plant products;

5. to obtain information from Member Governments on the existence, outbreak or 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 Organization;

10. to make recommendations to Member Governments on any of the matters refer-red to in this Article;

11. generally to take all necessary and appropriate action to achieve the purposes of the Organization.

b. The functions of the Organization shall be related principally but not exclusively to the pests and diseases specified in Schedule II.

Article VI. - Obligations of Member Governments

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.

Article VII. -Relationship with Other Organizations

The Organization shall co-operate with the Food and Agriculture Organization of the United Nations and with other bodies with related responsibilities and shall use its be: 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. the technical bodies (working parties and international conferences).

Article IX. - The Council

The Council of the Organization shall consist of representatives of Member Goverments.

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.

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 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 the Council

The Council shall:

a. consider and decide upon the progress report of the Director-General on the work of the Organization since the preceding regular session of the Council;

b. consider and approve the policies and program of activity of the Organization;

c. consider and approve the budget;

d. consider and approve the annual accounts and balance sheet;

e. set up 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. - Chairman and Vice-Chairman

a. The Council shall elect a Chairman and a Vice-Chairman from amongst representatives of Member Governments serving on the Executive Committee.

b. The Chairman and Vice-Chairman shall be elected for three years or the remainder of their current term on the Executive Committee (whichever is the shorter) a be eligible for re-election if that term should be renewed.

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

Article XV. - The Executive Committee

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

b. Members of the Executive Committee shall normally 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 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 Organization's policies and program of activity to Council;

b. ensure that the activity of the Organization conforms with the decisions of 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 trusted 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 program 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 the financial position.

Article XVIII. - Finance

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

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

c. On the recommendation of the Executive Committee, the Council may decide to apply a coefficient to the basic contributions laid down in Schedule I, in order to adjust them to the activities of the Organization or to the economic situation at the moment. The decision is taken by a two-thirds majority of the Member Got meets.

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

e. 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.

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

g. An Accounts Verification Panel composed of representatives of three Member Governments elected by the Council for three years shall each year examine the counts and the management of the Organization. The Panel shall report to the Council. The Executive Committee may appoint chartered accountants to audit

accounts of the Organization.

Article XIX. - Amendments

a. Texts of proposed amendments to the present Convention and to Schedules I and thereto shall be communicated by the Director-General to Member Governments 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 - with the except of the amendments to Schedule I referred to in paragraph c. below - shall co into force in 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 r thirds of the Member Governments.

d. Amendments to Schedule II shall be made by a majority of members present, voting.

e. Acceptance of amendments shall be deposited with the French Government s shall inform all Member Governments of the receipt of acceptances and the el 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 Organization is open by virtue of the provision of Article III may become parties to the Convention by:

1. Signature;

2. Signature subject to ratification;

3. Acceptance.

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 Governs

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 Govern meet. 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 XX 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 c notifications given under this Article.

SCHEDULE I

Scale of Annual Contributions

approved by the Council on 18 September, 1968, and based on the shares paid by FAO (Food and Agriculture Organization of the United Nations) Member Governments for the FAO budget of 1966-1967.

(see Article XVIII)

Category [TAB] Percentage paid to FAO [TAB] Annual Contributions in Pounds Sterling [TAB] Member Governments

1 [TAB] less than 0,01 [TAB] 300 [TAB] -

2 [TAB] 0.01 - 0.15 [TAB] 600 [TAB] Algeria Cyprus Guernsey Jersey Luxembourg Tunisia

3 [TAB] 0.16 - 0.45 [TAB] 900 [TAB] Bulgaria Greece Hungary Ireland Israel Portugal

4 [TAB] 0.46 - 0.75 [TAB] 1200 [TAB] Austria Finland Norway Roumania Turkey Yugoslavia

5 [TAB] 0.76 - 1.35 [TAB] 1 500 [TAB] Czechoslovakia Denmark Spain Switzerland

6 [TAB] 1.36 - 2.00 [TAB] 1 800 [TAB] Belgium Netherlands Poland Sweden

7 [TAB] 2.01-2.5 [TAB] 2100 [TAB] -

8 [TAB] 2.51 - 5.00 [TAB] 2 400 [TAB] Italy

9 [TAB] 5.01 - 7.50 [TAB] 2 700 [TAB] -

10 [TAB] 7.51 - 10.00 [TAB] 3 000 [TAB] Federal Republic of Germany France Soviet Union United Kingdom

SCHEDULE 11

Pests and Diseases to be given Special Attention by the Organization

with the dates of their inclusion in the Schedule

(see Article V b.)

1. Colorado beetle (Leptinotarsa decemlineata): 1951

2. Potato root eelworm (Heterodera rostochiensis): 1951

3. San Jose 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 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 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.

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

EUROPEAN AND MEDITERRANEAN PLANT PROTECTION ORGANIZATION MEMBER GOVERNMENTS

at September 18, 1968

Algeria

Austria

Belgium

Bulgaria

Cyprus

Czechoslovakia

Denmark

Federal Republic of Germany

Finland

France

Greece

Guernsey

Hungary

Ireland

Israel

Italy

Jersey

Luxembourg

Netherlands

Norway

Poland

Portugal

Roumania

Soviet Union

Spain

Sweden

Switzerland

Tunisia

Turkey

United Kingdom

Yugoslavia