Cooperative agreement among the United States, Canada and Mexico supplementary to the North American plant protection agreement

Filename: 1991-SupplementaryAgreement-1976-InternationalPlantProtectionConvention-RegionalNorthAmerica.EN.txt

Cooperative agreement among the United States, Canada and Mexico supplementary to the North American plant protection agreement

Source: unknown (Signed at Alexandria, Va., Oct. 20, 1991. Entered into force Oct. 20, 1991. -

The Secretariat of Agriculture and Water Resources of the United Mexican States, through the Sanidad Vegetal; the Department of Agriculture of Canada, through the Food Production and Inspection Branch, Plant Protection Division; and the Department of Agriculture of the United States of America, through the Animal and Plant Health Inspection Service, Plant Protection and Quarantine, are hereinafter referred to as "the parties."

The United States Department of Agriculture, authorized by the Organic Act of 1944, at 7 U.S.C., sec 147a, and the Act of August 13, 1954, at 7 U.S.C., sec. 148, to cooperate with Mexico and Canada in conducting the necessary field studies and control operations in those countries in connection with the detection, eradication, suppression, control and prevention or retardation of the spread of plant pest; Mexico, in accordance with the pest-prevention objectives set forth in the Plant Health Law of the United Mexican States; and Canada, in accordance with the objectives of the Plant Protection Act of Canada;

Mindful of the basis for cooperation in plant protection and disease prevention in plant resources developed under the North American Plant Protection Agreement of October 1976;

Considering the provision of Article VIII of the International Plant Protection Convention of 1951, whereby the contracting governments agree to establish regional organizations for plant health protection;

Acknowledging their responsibility to develop measures aimed at protecting their respective countries from the introduction of quarantine pests of plants;

Considering the need to promote international cooperation in North American plant quarantine and protection in order to prevent the introduction and spread of quarantine pests of plants and noxious weeds, and to foster the conservation of plant resources;

Recognizing the need to strengthen and establish precise and uniform points of view in joint, regional plant protection programs;

Revised October 20, 1991

Have Agreed as Follows:

Article 1

For purposes of this Agreement, the following definitions shall apply:

(a) "Plant pest" means any biotic agent capable of causing injury to plants or plant products.

(b) "Biotic agent" means any organic matter which is capable of reproduction or replication.

(c) "Noxious weed" means any living stage, including but not limited to, seeds and reproductive parts, of any parasitic or other plant of a kind or subdivision of a kind which is of foreign origin, is new to or not widely prevalent in Mexico, Canada or the United States, and can directly or indirectly injure crops, other useful plants, livestock, or poultry or other interests of agriculture, including irrigation, or navigation or the fish and wildlife resources, of Mexico, Canada, or the United States, or the public health;

(d) "Quarantine pest" means a pest of potential economic importance to the area endangered thereby and not yet present there, or present but not widely distributed and being officially controlled.

(e) "NAPPO" is an association consisting of representatives of Mexico, Canada, and the United States, and refers to the North American Plant Protection Organization, which adopted a constitution and bylaws on October 25, 1984. Its purposes include implementing the plant protection programs more particularly described in Article 2; and

(f) "NAPPO fiscal year" refers to the period of time between September 1 of a given year and August 31 of the following year.

Article 2

The parties shall collaborate to prevent the introduction and spread of quarantine pests of plants in North America by developing and implementing through NAPPO annual work programs, the elements of which include:

(a) Keeping under constant review the records of new pest detections and outbreaks of plant pest;

(b) Monitoring the movement and spread of established plant pests of concern to the parties;

(c) Reviewing progress in detection, eradication and control of plant pests of crops of major importance in North America;

(d) Reviewing plant quarantine measures adopted by the governments of the parties proposing revisions to existing plant quarantine measures and establishment of new measures moving toward uniform quarantine regulations;

(e) Examining and studying problems in plant quarantine and closely-related fields;

(f) Keeping parties informed or plant quarantine and protection matters of mutual concern;

(g) Promoting arrangements necessary for training of technical personnel in the fields of plant quarantine and plant protection;

(h) Exchanging research and development information relating to plant pests and their control;

(i) Adopting compatible phytosanitary certificates patterned after the model certificate as proposed by the International Plant Protection Convention;

(j) Jointly participating in programs of research and methods development relating to plant protection and quarantine; and

(k) Taking such other actions as are mutually agreed upon.

Article 3

NAPPO shall act to prevent the introduction and spread of quarantine pests of plants and noxious weeds and to foster the preservation of plant resources in North America by coordinating joint programs of mutual interest, as envisioned in Article 2, and as provided in its constitution and bylaws.

Article 4

In order to attain the basic objectives of NAPPO, the parties shall revise, as necessary, the constitution and bylaws governing its structure and operations.

The NAPPO Executive Committee, responsible for NAPPO activities, shall consist of the Director General of Sanidad Vegetal under the Secretariat of Agriculture and Water Resources of Mexico, the Director of Plant Protection Division of the Food Production and Inspection Branch of the Department of Agriculture of Canada, and the Deputy Administrator of the Animal and plant Health Inspection Service, Plant Protection and Quarantine of the United States Department of Agriculture.

The Executive Committee shall establish a system of standing and ad hoc committees. It shall further establish the following positions, the responsibilities for which shall be specified in the NAPPO bylaws:

(a) An Executive Secretary;

(b) Three liaison officers appointed by the members of the Executive Committee, one to represent each of the parties; and

(c) A Recording Secretary.

Article 5

The Executive Committee shall meet annually in regular session, in the member countries on an alternating basis. Special sessions may be called by any party when it deems it appropriate and with approval by the other parties. The Executive Committee shall call an annual meeting of the membership of NAPPO.

Article 6

The Executive Secretary shall be responsible for executing specific cooperative activities under this Agreement. The Executive Secretary shall hold office for three years, and may be extended to serve with the approval of the Executive Committee.

Article 7

In order to carry out the activities under this Agreement, each of the parties may furnish funds amounting to US $20,000 annually subject to the availability of appropriated funds, commencing in the NAPPO fiscal year in which the agreement is signed, to be expended by the Executive Secretary in accordance with an annual budget adopted by unanimous vote of the Executive Committee.

Expenditures authorized by the Executive Committee shall be in accordance with NAPPO bylaws and may include the following:

(a) Routine NAPPO administrative costs, including printing and postage;

(b) Travel expenses of the Executive Secretary for attending international conferences when approved in advance by the Executive Committee.

(c) Costs associated with holding the NAPPO annual meeting; and

(d) Costs for programs implemented pursuant to Article 2.

Article 8

Program results and information generated under this Agreement may be published by the parties and by NAPPO, only after consideration and unanimous approval by the parties.

Article 9

The parties may, by common accord, invite other institutions of their governments and their scientific, academic, or business communities to participate in cooperative activities, to which end the parties shall facilitate contacts among those specialized institutions they deem appropriate.

No NAPPO member will be permitted to individually benefit from activities conducted pursuant to this agreement unless specifically approved by the Executive Committee.

Article 10

This Agreement shall enter into force upon signature and shall remain in force indefinitely, but may be terminated by the written request of any party submitted to the other parties at least 30 days prior to the effective date of termination. Upon entry into force, this agreement shall supersede the cooperative agreement supplementary to the NAPPO agreement, October 18, 1989.

Article 11

The parties may modify this Agreement by mutual consent.

Article 12

Termination of this Agreement by mutual consent shall terminate all activities formalized under this agreement unless otherwise agreed by the Executive Committee.

Done at Alexandria, Virginia, this 20th, of October, 1991, in triplicate, in the English, French and Spanish languages, each text being equally authentic.

For the Secretariat of Agriculture and Water Resources of the United Mexican States:

For the Department of Agriculture of the United States of America:

For the Department of Agriculture of Canada: