International Plant Protection Convention: New Revised Text Briefing to Portfolio Committee – Agriculture & Land Affairs by Dept of Agriculture: Directorate Plant Health Cape Town, 6 September 2005

SA is a signatory member of The World Trade Organisation Agreement on the Application of Sanitary & Phytosanitary Measures (WTO-SPS Agreement), and 2. The International Plant Protection Convention (IPPC) First of all regulatory measures are based in on international agreements

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) All countries impose plant health requirements: what gives us the right, and who positions the goalposts?

WTO-SPS Standard-setting bodies: IPPC – International Plant Protection Convention OIE – International Office of Epizootics Codex – Codex Alimentarius Commission All countries impose plant health requirements: what gives us the right, and who positions the goalposts?

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

Must base all regulatory measures WTO: Obligations Members Must base all regulatory measures on scientific data (i.e. these must be technically justified & appropriate) We need sound scientific data on the pests in our country: which, where, and how to control them.

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) All countries impose plant health requirements: what gives us the right, and who positions the goalposts?

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

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

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

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.

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).

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.

Organizations Established under IPPC The Commission on Phytosanitary Measures (CPM), currently the Interim CPM (Article XI, IPPC) until the 1997 text comes into force; The IPPC Secretariat (Article XII, IPPC); Regional Plant Protection Organizations (RPPOs; Article IX, IPPC).

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).

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.

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.

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.

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;

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.

Key IAPSC responsibilities as RPPO 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.

ICPM Administrative Organizations Bureau of the ICPM Standards Committee (SC) Body on Dispute Settlement Informal Working Groups Expert Working Groups/Technical Panels

Bureau of the ICPM Chair: Dr Chagema John Kedera (Kenya); Two Vice Chairs: Ms Reinouw Bast-Tjeerde (Canada) Ralf Lopian (Finland)

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.

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.

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)

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.

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.

International Standard Setting Programme Priority of a Standard decided by ICPM (consensus); Working Group of Experts drafts the Standard; Standards Committee (SC) reviews document; Country Consultation (& RPPO discussions); Standards Committee incorporates comments; Adoption by the ICPM / reverted to SC.

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)

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.

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.

International Regulatory Framework CBD IPPC Protecting Biological Diversity Plant Protection WTO SPS CP LMOs Trade

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

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.

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.

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

Review (continued): Provides Technical Support 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.

Conclusions (1-7): Membership of the IPPC and participation in its activities 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;

Conclusions (continued): Enables SA to influence important decisions on norms and standards, and to be a ‘standard maker’ not a ‘standard taker’; Strengthens our Relationships with trading partners Regulatory credibility, and Leadership role within Africa (e.g. SACU, SADC, AU);

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

Conclusions (continued): Further, IPPC membership provides access to technical assistance and capacity building; Provides assistance with dispute resolution procedures (bilateral technical dialogue); National technical experts can be included in the roster of experts used for consultation in disputes, and included in various technical working groups.

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.

Thank you