international plant protection convention: new revised text briefing to portfolio committee –

DEPARTMENT: AGRICULTURE

InternationalPlant Protection Convention:

New Revised Text

Briefing to Portfolio Committee –Agriculture & Land Affairs

by

Dept of Agriculture: Directorate Plant Health

Cape Town, 6 September 2005

2


SA is a signatory member of

1. The World Trade Organisation Agreement on the Application of Sanitary & Phytosanitary Measures (WTO-SPS Agreement),

and

2. The International Plant Protection Convention (IPPC)

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The WTO-SPS Agreement

Came into being in 1995

Sets out the basic rules for global agricultural trade

Recognises 3 standard-setting bodies (for plant health, animal health, and food safety)

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WTO-SPS Standard-setting bodies:

IPPC – International Plant Protection Convention

OIE – International Office of Epizootics

Codex – Codex Alimentarius Commission

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WTO: Rights

Members

• May protect the humans, plants

& animals within their territories

from harmful foreign pests

(e.g. set phytosanitary regulations)

6


WTO: Obligations

Members

• Must base all regulatory measures

on scientific data (i.e. these must be

technically justified & appropriate)

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The IPPC

Is a multilateral treaty for international cooperation in plant protection

Its purpose is “… to secure common and effective action to prevent the spread and introduction of pests of plants and plant products, and to promote appropriate measures for their control.” (Article I)

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Scope of the IPPC

Covers international cooperation in protecting plants and plant products from harmful pests –

•“Plants”: include agricultural crops, forests, wild flora

•“Pests”: include insects, pathogens, weeds

•“Harm”: includes indirect effects such as from weeds

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Scope of the IPPC (continued)

Extends to items capable of harbouring or spreading pests, such as:

Storage places

Conveyances / vehicles, and

Containers

Provides for cross-border movement of organisms for research or other purposes

Includes imported biological control organisms

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History of the IPPC

• Came into force in 1952:– SA ratified adherence in 1956, and– Accepted the 1979 revised text in 1981;

• Was revised again in 1997:– The aim was to bring it into line with the

principles and expectations of the WTO-SPS Agreement of 1995;

– This text was approved in various FAO forums, in which SA participated

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Acceptance of Revised Text by Contracting Parties

Acceptance is for current Contracting Parties, such

as South Africa;

A Government deposits an instrument of acceptance with the Director General of FAO;

The depositing Government then accepts the 1997

revisions of the IPPC.

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Key Principles of the IPPC

Gives Contracting Parties the right to regulate imports in respect of plant health;

Regulatory measures should be applied only when necessary;

Measures should be:consistent with the risk, and least restrictive; technically justified / based on scientific facts;non-discriminatory; transparent (published).

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Key Obligations in terms of IPPC

Contracting Parties must set up & administer a

National Plant Protection Organization (NPPO) &

Official IPPC contact point;

Cooperate internationally & share information on pests & plant health regulations;

Develop & take into account phytosanitary standards

Conduct plant health treatments, & certify exports;

Regulate imports.

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Organizations Established under IPPC

1. The Commission on Phytosanitary Measures

(CPM), currently the Interim CPM (Article XI,

IPPC) until the 1997 text comes into force;

2. The IPPC Secretariat (Article XII, IPPC);

3. Regional Plant Protection Organizations

(RPPOs; Article IX, IPPC).

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Commission on Phytosanitary Measures

Governing Body for implementation of IPPC;

Decisions made by consensus;

Comprises Contracting Parties (and FAO members

until 1997 text is ratified);

Observers: Regional Plant Protection Organisations,

& International Organizations (e.g. WTO SPS

Committee).

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ICPM / CPM (continued)

Reviews global plant protection needs, and

sets an annual work programme;

Develops and adopts international standards

for phytosanitary measures (ISPMs);

Promotes technical assistance;

Meets annually (next meeting is ICPM 8 / CPM 1 April 03 - 07 2006, Rome, Italy.

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The IPPC Secretariat

Is located within the Plant Protection Service of the Food and Agriculture Organization (FAO) in Rome, Italy;

Currently comprises a Secretary, a Coordinator, 6 professionals and 2 administrators;

Supplemented by a visiting scientist and 2 consultants.

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The IPPC Secretariat’s Activities

– Implements the work programme;– Supports the production of standards;– Coordinates with RPPOs;– Represents the ICPM (e.g. at the WTO-SPS,

CBD);– Facilitates information exchange;– Provides input into technical assistance

programmes;– Facilitates dispute settlement.

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Regional Plant Protection Organizations (RPPOs)

Currently ICPM recognises 9 RPPOs;

RPPOs are observers at the ICPM;

Annual Technical Consultations take place

among RPPOs (17th: 29/08 – 2/09/05);

Governments that are not Contracting

Parties to IPPC may belong to an RPPO;

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RPPOs (continued)

The InterAfrican Phytosanitary Council (IAPSC) of the African Union (AU) is the RPPO for Africa;

RPPOs identify regional needs for plant health standards;

Regional Standards that are developed and implemented regionally often become the basis for an ISPM.

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Key IAPSC responsibilities as RPPO

2. To cooperate with the IPPC Secretariat to help achieve the aims of the IPPC;

2. To coordinate and disseminate information on plant protection procedures in Africa.

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ICPM Administrative Organizations

2.Bureau of the ICPM

3.Standards Committee (SC)

4.Body on Dispute Settlement

5.Informal Working Groups

6.Expert Working Groups/Technical Panels

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Bureau of the ICPM

Chair: Dr Chagema John Kedera (Kenya);

Two Vice Chairs:

•Ms Reinouw Bast-Tjeerde (Canada)

•Ralf Lopian (Finland)

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The Standards Committee (SC)

Group of 25 international technical experts, from 7 FAO regions;

Meets twice per year (May & November); Reviews and recommends changes to draft

standards; Approves specifications, checks consistency

and recommends standards for adoption by the ICPM / CPM.

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Body on Dispute Settlement

International experts from 7 FAO regions;

Develop dispute settlement procedures;

Maintain a roster of phytosanitary experts;

Promote dispute avoidance;

Prepare information for the effective preparation

of dispute settlement procedures.

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Informal Working Groups

Focus Group: Open-ended working group which

focuses on a particular issue of concern for ICPM;

Strategic Planning and Technical Assistance

Group (SPTA);

Support Group for the IPPC website / International

Phytosanitary Portal (IPP)

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Expert Working Groups

Experts are selected by the Standards

Committee (SC) and approved by the ICPM

Bureau;

A Steward (usually from the SC) guides the

process;

ISPMs are reviewed or prepared for

submission to SC.

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Technical Panels (TPs)

ICPM6 (2004) decided to establish TPs;

TPs provide the Standards Committee (SC) with specific draft standards and advise the SC on specific technical matters;

Experts are selected by the SC and approved by the ICPM Bureau;

A Steward (in some cases from the SC) guides the process.

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International Standard Setting Programme

1. Priority of a Standard decided by ICPM (consensus);

2. Working Group of Experts drafts the Standard;

3. Standards Committee (SC) reviews document;

4. Country Consultation (& RPPO discussions);

5. Standards Committee incorporates comments;

6. Adoption by the ICPM / reverted to SC.

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Implications of the SPS Agreement

Members shall base their phytosanitary measures on international standards or justify deviations through risk analysis;

Members shall play a full part in the relevant standard setting organization;

Relevant standard setting organizations are Codex, OIE, and IPPC.

(Article 3 of the SPS: Harmonization)

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SPS Measures

Should therefore be:

– Consistent with international standards;

– Technically justified (based on scientific principles and evidence);

– Harmonized to the extent possible;

– Transparent (notified);

– Meet the appropriate level of protection.

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SPS Measures i.t.o IPPC & WTO

The IPPC makes provision for

trade in a plant protection agreement.

The WTO-SPS makes complementary provision for phytosanitary protection in a trade agreement.

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IPPC

WTO SPS

CBD

International Regulatory Framework

Trade

LMOs

ProtectingBiological Diversity

Plant Protection

CP

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IPPC

CBDSPS

International Regulatory Framework

CP

Protecting wild flora

Trade while protecting biodiversity

Trade

LMOs

No more traderestrictive

than necessary LMOs identified as pests

ProtectingBiological Diversity

Plant Protection

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Information exchange:

Contracting parties to the IPPC provide:

– An Official contact point and NPPO; – Official information on pests and phytosanitary

measures;

IPPC Secretariat:– Provides official documents (ISPMs and reports)– Facilitates information exchange;– Maintains the IPPC web site.

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Technical Support

• Technical consultation programme:

– Regional workshops on draft standards;

• IPPC staff provide phytosanitary support to:

– FAO Technical Cooperation programmes (TCPs)

– Ad hoc workshops (e.g. WTO, WB, WHO)

– Programmes of other organizations.

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Review (1-7):

• The Convention / international treaty – IPPC;

• Organizational Framework: ICPM, Secretariat to the IPPC, RPPOs;

• Recognised by WTO-SPS Agreement;

• Sets standards (ISPMs) & a Work Programme;

• Facilitates Information Exchange

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Review (continued):

6. Provides Technical Support

7. Members must

Actively participate in the ICPM / CPM and its working groups;

Harmonise regulatory measures with ISPMs;

Base import regulations on Pest Risk Analysis (PRA) = technical justification.

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Conclusions (1-7):

Membership of the IPPC and participation in its activities

1. Supports SA’s agricultural industries (plants and plant products) in terms of maintaining

– The principles of free, fair and safe trade in accordance with our WTO engagements and obligations, and

– Access to international markets;

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Conclusions (continued):

2. Enables SA to influence important decisions on norms and standards, and to be a ‘standard maker’ not a ‘standard taker’;

3. Strengthens our– Relationships with trading partners– Regulatory credibility, and– Leadership role within Africa (e.g. SACU,

SADC, AU);

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4. IPPC membership is therefore important for the maintenance of a globally competitive position in international agricultural trade;

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5. Further, IPPC membership provides access to technical assistance and capacity building;

6. Provides assistance with dispute resolution procedures (bilateral technical dialogue);

7. National technical experts can be included in the roster of experts used for consultation in disputes, and included in various technical working groups.

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Recommendations:

SA should Accept the New Revised Text of the IPPC

(1997) rather than forgo its right to participate in international plant health standard-setting procedures;

Continue active participation in the IPPC structures, and making inputs to its strategic planning and technical assistance planning forums.

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Thank you

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