International Plant Protection Convention New Revised Text DEPARTMENT

International Plant Protection Convention: New Revised Text DEPARTMENT: AGRICULTURE Briefing to Parliamentary Select Committee – Land & Environmental Affairs (National Council of Provinces) by Dept of Agriculture: Directorate Plant Health Dr Marinda Visser Cape Town, 26 October 2005

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) DEPARTMENT: AGRICULTURE 2

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) DEPARTMENT: AGRICULTURE 3

WTO-SPS Standard-setting bodies: § IPPC – International Plant Protection Convention § OIE – International Office of Epizootics § Codex – Codex Alimentarius Commission DEPARTMENT: AGRICULTURE 4

WTO: Rights Members • May protect the humans, plants & animals within their territories from harmful foreign pests (e. g. set phytosanitary regulations) DEPARTMENT: AGRICULTURE 5

WTO: Obligations Members • Must base all regulatory measures on scientific data (i. e. these must be technically justified & appropriate) DEPARTMENT: AGRICULTURE 6

The IPPC Ø Is a multilateral treaty for international cooperation in plant protection Ø 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) DEPARTMENT: AGRICULTURE 7

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 DEPARTMENT: AGRICULTURE 8

Scope of the IPPC (continued) ü Extends to items capable of harbouring or spreading pests, such as: § Storage places § Conveyances / vehicles, and § Containers ü Provides for cross-border movement of organisms for research or other purposes ü Includes imported biological control organisms DEPARTMENT: AGRICULTURE 9

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 DEPARTMENT: AGRICULTURE 10

Acceptance of Revised Text by Contracting Parties q Acceptance is for current Contracting Parties, such as South Africa; q A Government deposits an instrument of acceptance with the Director General of FAO; q The depositing Government then accepts the 1997 revisions of the IPPC. DEPARTMENT: AGRICULTURE 11

Key Principles of the IPPC Ø Gives Contracting Parties the right to regulate imports in respect of plant health; Ø Regulatory measures should be applied only when necessary; Ø Measures should be: Ø consistent with the risk, and least restrictive; Ø technically justified / based on scientific facts; Ø non-discriminatory; Ø transparent (published). DEPARTMENT: AGRICULTURE 12

Key Obligations in terms of IPPC ü Contracting Parties must set up & administer a § National Plant Protection Organization (NPPO) & § Official IPPC contact point; ü Cooperate internationally & share information on pests & plant health regulations; ü Develop & take into account phytosanitary standards ü Conduct plant health treatments, & certify exports; ü Regulate imports. DEPARTMENT: AGRICULTURE 13

Organizations Established under IPPC 1. The Commission on Phytosanitary Measures (CPM), (Article XI, IPPC) 2. The IPPC Secretariat (Article XII, IPPC); 3. Regional Plant Protection Organizations (RPPOs; Article IX, IPPC). DEPARTMENT: AGRICULTURE 14

Commission on Phytosanitary Measures (CPM) q Governing Body for implementation of IPPC; q Decisions made by consensus; q Comprises Contracting Parties (and FAO members until 1997 text is ratified); q Observers: Regional Plant Protection Organisations, & International Organizations (e. g. WTO SPS Committee). DEPARTMENT: AGRICULTURE 15

CPM (continued) q Reviews global plant protection needs, and sets an annual work programme; q Develops and adopts international standards for phytosanitary measures (ISPMs); q Promotes technical assistance; q Meets annually (next meeting is ICPM 8 / CPM 1 April 03 - 07 2006, Rome, Italy. DEPARTMENT: AGRICULTURE 16

The IPPC Secretariat v Is located within the Plant Protection Service of the Food and Agriculture Organization (FAO) in Rome, Italy; v Currently comprises a Secretary, a Coordinator, 6 professionals and 2 administrators; v Supplemented by a visiting scientist and 2 consultants. DEPARTMENT: AGRICULTURE 17

The IPPC Secretariat’s Activities – – Implements the work programme; Supports the production of standards; Coordinates with RPPOs; Represents the CPM (e. g. at the WTO-SPS, CBD); – Facilitates information exchange; – Provides input into technical assistance programmes; – Facilitates dispute settlement. DEPARTMENT: AGRICULTURE 18

Regional Plant Protection Organizations (RPPOs) Ø Currently CPM recognises 9 RPPOs; Ø Governments that are not Contracting Parties to IPPC may belong to an RPPO; Ø RPPOs are observers at the CPM; Ø Annual Technical Consultations take place among RPPOs (17 th: 29/08 – 2/09/05); DEPARTMENT: AGRICULTURE 19

RPPOs (continued) Ø The Inter. African Phytosanitary Council (IAPSC) of the African Union (AU) is the RPPO for Africa; Ø RPPOs identify regional needs for plant health standards; Ø Regional Standards that are developed and implemented regionally often become the basis for an ISPM. DEPARTMENT: AGRICULTURE 20

Key IAPSC responsibilities as RPPO 1. 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. DEPARTMENT: AGRICULTURE 21

CPM Administrative Organizations 1. Bureau of the CPM 2. Standards Committee (SC) 3. Body on Dispute Settlement 4. Informal Working Groups 5. Expert Working Groups/Technical Panels DEPARTMENT: AGRICULTURE 22

Bureau of the CPM Ø Chair: Dr Chagema John Kedera (Kenya); Ø Two Vice Chairs: • Ms Reinouw Bast-Tjeerde (Canada) • Ralf Lopian (Finland) DEPARTMENT: AGRICULTURE 23

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. DEPARTMENT: AGRICULTURE 24

Body on Dispute Settlement Ø International experts from 7 FAO regions; Ø Develop dispute settlement procedures; Ø Maintain a roster of phytosanitary experts; Ø Promote dispute avoidance; Ø Prepare information for the effective preparation of dispute settlement procedures. DEPARTMENT: AGRICULTURE 25

Informal Working Groups v Focus Group: Open-ended working group which focuses on a particular issue of concern for CPM; v Strategic Planning and Technical Assistance Group (SPTA); v Support Group for the IPPC website / International Phytosanitary Portal (IPP) DEPARTMENT: AGRICULTURE 26

Expert Working Groups Ø Experts are selected by the Standards Committee (SC) and approved by the CPM Bureau; Ø A Steward (usually from the SC) guides the process; Ø ISPMs are reviewed or prepared for submission to SC. DEPARTMENT: AGRICULTURE 27

Technical Panels (TPs) q CPM 6 (2004) decided to establish TPs; q TPs provide the Standards Committee (SC) with specific draft standards and advise the SC on specific technical matters; q Experts are selected by the SC and approved by the CPM Bureau; q A Steward (in some cases from the SC) guides the process. DEPARTMENT: AGRICULTURE 28

International Standard Setting Programme 1. Priority of a Standard decided by CPM (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 CPM / reverted to SC. DEPARTMENT: AGRICULTURE 29

Implications of the SPS Agreement Ø Members shall base their phytosanitary measures on international standards or justify deviations through risk analysis; Ø Members shall play a full part in the relevant standard setting organization; Ø Relevant standard setting organizations are Codex, OIE, and IPPC. (Article 3 of the SPS: Harmonization) DEPARTMENT: AGRICULTURE 30

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. DEPARTMENT: AGRICULTURE 31

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. DEPARTMENT: AGRICULTURE 32

International Regulatory Framework CBD IPPC Protecting Biological Diversity Plant Protection WTO SPS LMOs 33 Trade CP DEPARTMENT: AGRICULTURE

International Regulatory Framework Plant Protection No more trade restrictive than necessary IPPC LMOs identified as pests CP SPS CBD Trade 34 Protecting wild flora Trade while protecting biodiversity LMOs Protecting Biological Diversity DEPARTMENT: AGRICULTURE

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. DEPARTMENT: AGRICULTURE 35

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. DEPARTMENT: AGRICULTURE 36

Review (1 -7): 1. The Convention / international treaty – IPPC; 2. Organizational Framework: CPM, Secretariat to the IPPC, RPPOs; 3. Recognised by WTO-SPS Agreement; 4. Sets standards (ISPMs) & a Work Programme; 5. Facilitates Information Exchange DEPARTMENT: AGRICULTURE 37

Review (continued): 6. Provides Technical Support 7. Members must ü Actively participate in the CPM and its working groups; ü Harmonise regulatory measures with ISPMs; ü Base import regulations on Pest Risk Analysis (PRA) = technical justification. DEPARTMENT: AGRICULTURE 38

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; DEPARTMENT: AGRICULTURE 39

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); DEPARTMENT: AGRICULTURE 40

Conclusions (continued): 4. IPPC membership is therefore important for the maintenance of a globally competitive position in international agricultural trade; DEPARTMENT: AGRICULTURE 41

Conclusions (continued): 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. DEPARTMENT: AGRICULTURE 42

Recommendations: SA should ü Accept the New Revised Text of the IPPC (1997) rather than forgo its right to participate in international plant health standard-setting procedures; ü Continue active participation in the IPPC structures, and making inputs to its strategic planning and technical assistance planning forums. DEPARTMENT: AGRICULTURE 43

Thank you (Acknowledgements: IPPC Secretariat - http: //www. ippc. int/IPP) DEPARTMENT: AGRICULTURE 44