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CONVENTION FOR THE ESTABLISHMENT OF THE EUROPEAN AND MEDITERRANEAN PLANT PROTECTION ORGANIZATION of 18 April 1951, as amended by the Council on 27 April 1955 Paris, 27 April 1955 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 disease 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 or 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 "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 Organization shall be open to the following by adherence to the present Convention according to the provisions of Article XX: l. 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 recognised regional plant protection organisation under Article VIII of the International Plant Protection Convention of 6 December 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 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 movements 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 or any of the matters referred 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 best 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 Veritification Panel; d) the technical bodies (working parties and international conferences). Article IX THE COUNCIL a) The Council of the Organization 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 Organization. Article XII OBSERVERS With the consent of the Council, any nonmember 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 programme of activity of the Organization; 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 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) and be eligible for reelection if that term should be renewed. c) The Chairman and Vice-Chairman shall serve in the same capacity within both 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 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 proposal for the Organization's policies and programme of activity to the Council; b) ensure that the activity of the Organization conforms with the decisions of the Council; c) submit the draft budget and the annual accounts and the 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 Organization, which functions under his responsibility; b) carry out the programme approved by the Council and such task 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 and the financial position. Article XVIII FINANCE a) The expenditure of the Organization shall be met by annual contributions from Member Governments according to the scale specified in Schedule 1, 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 Organization'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 Organization may carry out in the interest 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 Organization. The Panel shall report to the Council. The Executive Committee may appoint chartered accountants to audit the accounts of the Organization. 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 acceptance 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 Organization is open by virtue of the provisions of Article III may become parties to the Convention by: 1) Signature; 2) Signature subject to ratification 4) 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 withdraw 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 notificaion 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 notification 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. In faith whereof the undersigned, duly authorised by their Governments, have signed the present Convention and 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. SCHEDULES 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