[Senate Executive Report 106-27]
[From the U.S. Government Publishing Office]
106th Congress Exec. Rept.
SENATE
2d Session 106-27
======================================================================
INTERNATIONAL PLANT PROTECTION CONVENTION
_______
October 5 (legislative day, September 22), 2000.--Ordered to be printed
_______
Mr. Helms, from the Committee on Foreign Relations,
submitted the following
R E P O R T
[To accompany Treaty Doc. 106-23]
The Committee on Foreign Relations, to which was referred
the International Plant Protection Convention, Adopted at the
Conference of the Food and Agriculture Organization (FAO) of
the United Nations at Rome on November 17, 1997 (Treaty Doc.
106-23) (``the amended Convention''), having considered the
same, reports favorably thereon with three understandings, one
declaration and two provisos, and recommends that the Senate
give its advice and consent to the ratification thereof as set
forth in this report and the accompanying resolution of
ratification.
CONTENTS
Page
I. Purpose..........................................................1
II. Summary..........................................................2
III. Entry Into Force and Denunciation................................4
IV. Committee Action.................................................4
V. Committee Recommendation and Comments............................4
VI. Text of the Resolution of Ratification...........................4
I. Purpose
The proposed amended Convention is a further revision of
the original 1951 Convention, which entered into force for the
United States in 1972. The amended Convention is intended to
promote international cooperation to control and prevent the
spread of harmful plant pests. Through regional and national
plant protection organizations, the amended Convention is
expected to foster development of international plant health
standards, harmonization of plant quarantine activities with
emerging standards, dissemination of phytosanitary information
and extension of plant health assistance to developing
countries.
II. Summary
A. GENERAL
The original International Plant Protection Convention was
done at Rome on Dec. 6, 1951. In general, it is intended to
protect the health of plants and related agricultural trade
worldwide. It entered into force on April 3, 1952, and was
ratified by the United States on August 18, 1972 (23 U.S.T.
2767, T.I.A.S. No. 7465). A prior amendment was done at Rome on
November 28, 1979, was accepted by the United States on June
11, 1982, and entered into force on April 4, 1991.
The proposed amended Convention discussed in this report is
a substantial revision of the existing text. Under the terms of
the existing Convention, the amended Convention would likewise
enter into force for all parties on the thirtieth day after
acceptance by two-thirds of the parties, the Conference of the
Food and Agriculture Organization (the FAO Conference) having
determined that the amendments entail no new obligations for
the current parties.
Amendment of the existing Convention was deemed necessary
after the adoption of the World Trade Organization Agreement on
the Application of Sanitary and Phytosanitary Measures (SPS
Agreement) in 1995. The SPS Agreement recognized that there was
no multilateral, international framework for SPS standards and
was intended to promote the harmonization of the SPS standards
of WTO members, based on the international standards developed
by existing international organizations active in the field of
SPS measures.
Among the international organizations to which the SPS
Agreement referred are the international and regional plant
protection organizations operating within the framework of the
existing Convention's umbrella framework. However, as presently
constituted, this framework is not well equipped to handle the
role envisioned by the SPS Agreement. As a result, soon after
the establishment of the WTO, parties to the existing
Convention began their work on the revision which is before the
Senate.
The amended Convention was adopted by the FAO Conference in
Rome on November 17, 1997. This revision is intended to
strengthen the Convention structure, to formally incorporate
some of the concepts promulgated by the SPS Agreement, and to
establish the framework for developing international SPS
standards. The amended Convention would formally establish a
permanent Secretariat, which was created informally in 1993. It
would also establish the Commission on Phytosanitary Measures
within the framework of the Food and Agriculture Organization
of the United Nations (FAO). FAO has already approved an
Interim Commission to carry out the functions proposed for the
permanent Commission pending the entry into force of the
amended Convention, but the actions of the Interim Commission
will not receive official recognition by the FAO Council.
In the United States, section 432 of the Uruguay Round
Agreements Act of 1994 required the President to designate an
agency to inform the public about international standard-
setting activities. Under Presidential Proclamation 6780 (60
Fed. Reg 15,845 (1995)), the Secretary of Agriculture is in
charge of these activities.
With regard to the regional plant protection organizations
established within the Convention framework, the United States
is a member of the Caribbean Plant Protection Commission
(CPPC), the North American Plant Protection Organization
(NAPPO), and the Pacific Plant Protection Organization (PPPO).
B. KEY PROVISIONS
For a detailed discussion of the amended Convention's
provisions, please refer to Treaty Doc. 106-23.
The major differences between the existing Convention and
the amended Convention reflect concepts and policies set forth
in the SPS Agreement, such as harmonization of standards,
minimization of negative impact on trade, emphasis on
``technical'' justification of SPS measures, pest risk
assessments, and designation of pest-free areas; the
establishment of administrative and governing organs distinct
from, although within the framework of, the administrative and
governing bodies of the FAO; inclusion of regulated non-
quarantine pests; promotion of the Convention and its standards
among countries and organization currently not parties to the
Convention; designation of official languages, thereby
facilitating information exchange and dissemination among the
contracting parties to the Convention; and the promotion of
technical assistance to contracting parties, particularly those
that are developing countries.
In the Secretary of State's letter of submittal to the
President (reprinted in Treaty Doc. 106-23), the Secretary
recommends the incorporation of two understandings in the
Senate resolution of ratification to clarify the understanding
and position of the United States with respect to the effect of
the amended Convention on the rights of the United States under
other international agreements, and on the ability of the
United States to regulate for health and safety purposes. The
Committee has slightly modified the language of the first
proposed understanding, though there is, in the Committee's
view, no material difference in meaning. If approved by the
Senate, the understanding will emphasize the view of the United
States that nothing in the amended Convention is to be
interpreted in a manner inconsistent with, or alter the terms
or effect of, the SPS Agreement and other relevant
international agreements. This applies, in particular, to
Articles VI and VII of the amended IPPC.
The second understanding recommended by the Department of
State would make clear that nothing in the existing or amended
Convention limits the authority of the United States to take
measures against any pest to protect human, animal or plant
life or health, or the environment, consistent with the SPS
Agreement. The Committee accepts the State Department analysis
pointing out that the scope of the amended Convention covers
the protection of plant life and health and the environment.
The Committee shares the State Department's conclusion that
Article VI of the amended Convention, which prohibits measures
concerning non-regulated pests under the Convention, should not
be interpreted to prohibit measures concerning pests outside
the scope of the Convention i.e., pests potentially harmful to
human or animal life or health. To make this view clear to the
other parties, the Committee has included the recommended
understanding in the proposed resolution of ratification,
below.
III. Entry Into Force and Denunciation
A. ENTRY INTO FORCE
In accordance with Article XIII(4) of the existing
Convention, the amended Convention will enter into force 30
days from the date of its acceptance by two-thirds of the
contracting parties to the existing Convention.
B. DENUNCIATION
Any contracting party may at any time give notice of
denunciation of the amended Convention by notification
addressed to the FAO Director-General, who shall at once inform
all contracting parties. Denunciation shall take effect one
year from the date of receipt of the notification by the FAO
Director-General.
IV. Committee Action
The Committee on Foreign Relations held an informal public
meeting on the amended Convention on July 20, 2000 (a
transcript of the meeting and questions for the record are
included in Senate Exec. Rept. 106-16). \1\ The Committee
considered the amended Convention on September 27, 2000, and
ordered it favorably reported by voice vote, with the
recommendation that the Senate give its advice and consent to
the ratification of the amended Convention subject to three
understandings, one declaration and two provisos.
---------------------------------------------------------------------------
\1\ On the day the Committee was scheduled to conduct a hearing on
the treaty, permission to do so pursuant to Senate Rule 26(5)(a) had
not been granted. Therefore, the Committee proceeded in informal
session, the text of which is appended to Executive Report 106-16.
---------------------------------------------------------------------------
V. Committee Recommendation and Comments
The Committee on Foreign Relations recommends favorably the
amended Convention. On balance, the Committee believes that the
amended Convention is in the interest of the United States and
urges the Senate to act promptly to give its advice and consent
to ratification.
The Committee is aware that the Animal and Plant Health
Inspection Service (APHIS) of the Department of Agriculture
currently publishes an annual notice in the Federal Register,
pursuant to section 491 of the Trade Agreements Act of 1979,
setting forth information, inter alia, about the standard-
setting activities of the IPPC (see, e.g., 64 Fed. Register
53657 (Oct. 4, 1999)). Inclusion of the information set forth
in that notice in the report required by Proviso (1) would
satisfy the reporting requirements of Proviso (1) (A) and (B).
VI. Text of the Resolution of Ratification
Resolved (two-thirds of the Senators present concurring
therein), That the Senate advise and consent to the
ratification of the International Plant Protection Convention
(IPPC), Adopted at the Conference of the Food and Agriculture
Organization (FAO) of the United Nations at Rome on November
17, 1997 (Treaty Doc. 106-23) (referred to in this resolution
of ratification as ``the amended Convention,'') subject to the
understandings of subsection (a), the declaration of subsection
(b) and the provisos of subsection (c).
(a) Understandings.--The advice and consent of the Senate
is subject to the following understandings, which shall be
included in the instrument of ratification of the amended
Convention and shall be binding on the President:
(1) Relationship to Other International
Agreements.--The United States understands that nothing
in the amended Convention is to be interpreted in a
manner inconsistent with, or alters the terms or effect
of, the World Trade Organization Agreement on the
Application of Sanitary or Phytosanitary Measures (SPS
Agreement) or other relevant international agreements.
(2) Authority to Take Measures Against Pests.--The
United States understands that nothing in the amended
Convention limits the authority of the United States,
consistent with the SPS Agreement, to take sanitary or
phytosanitary measures against any pest to protect the
environment or human, animal, or plant life or health.
(3) Article XX (``Technical Assistance'').--The
United States understands that the provisions of
Article XX entail no binding obligation to appropriate
funds for technical assistance.
(b) Declaration.--The advice and consent of the Senate is
subject to the following declaration:
Treaty Interpretation.--The Senate affirms the
applicability to all treaties of the constitutionally
based principles of treaty interpretation set forth in
Condition (1) of the resolution of ratification of the
INF Treaty, approved by the Senate on May 27, 1988, and
Condition (8) of the resolution of ratification of the
Document Agreed Among the State Parties to the Treaty
on Conventional Armed Forces in Europe, approved by the
Senate on May 14, 1997.
(c) Provisos.--The advice and consent of the Senate is
subject to the following provisos:
(1) Report to Congress.--One year after the date
the amended Convention enters into force for the United
States, and annually thereafter for five years, the
Secretary of Agriculture, in consultation with the
Secretary of State, shall provide a report on amended
Convention implementation to the Committee on Foreign
Relations of the Senate setting forth at least the
following:
(A) a discussion of the sanitary or
phytosanitary standard-setting activities of
the IPPC during the previous year;
(B) a discussion of the sanitary or
phytosanitary standards under consideration or
planned for consideration by the IPPC in the
coming year;
(C) information about the budget of the
IPPC in the previous fiscal year; and
(D) a list of countries which have ratified
or accepted the amended Convention, including
dates and related particulars.
(2) Supremacy of the Constitution.--Nothing in the
amended Convention requires or authorizes legislation
or other action by the United States of America that is
prohibited by the Constitution of the United States as
interpreted by the United States.