World Intellectual Property Organization

International Plant Protection Convention

Explanatory note from FAO:
"In accordance with Article XIII, paragraph 4 of the Convention, the new revised text came into force with respect to all Contracting Parties (whatever may be the date on which they became parties) as from the thirtieth day after acceptance by two-thirds of the Contracting Parties, i.e. on 2 October 2005."

Cuba

Reservation made upon ratification:
"... Cuba does not consider itself bound by the provisions in Article IX, believing that any differences in interpretation or implementation of the convention between parties must be solved by direct negotiation through diplomatic channels."

Declaration made upon ratification:
"... the provisions contained in Article XI of the International Plant Protection Convention are contrary to the Declaration on the granting of independence to colonial countries and peoples (United Nations General Assembly Resolution 1514 of 14 December 1960) which proclaims the necessity of bringing to a speedy and unconditional end colonialism in all forms and manifestations."

Czech Republic

Czechoslovakia ceased to exist on 31 December 1992. On 6 April 1994, the Director-General received from the Minister of Foreign Affairs of the Czech Republic a notification stating that "In conformity with the valid principles of international law and to the extent defined by it, the Czech Republic, as a successor State to the Czech and Slovak Federal Republic, considers itself bound as of January 1, 1993, i.e. the date of the dissolution of the Czech and Slovak Federal Republic, by the multilateral international treaties to which the Czech and Slovak Republic was a party on that date. This includes reservations and declarations to their provisions made earlier by the Czech and Slovak Federal Republic."

Germany

On 3 October 1990, the German Democratic Republic acceded to the Federal Republic of Germany. As a consequence, the German Democratic Republic has ceased to exist. In a message of the same day addressed to Heads of State and Government, the Federal Chancellor of the Federal Republic of Germany stated: "Now that German unity has been established, we shall discuss with the contracting parties concerned the international treaties of the German Democratic Republic with a view to regulating their continued application, adjustment or expiry, taking into account protection of confidence, the interests of the states concerned and the contractual obligations of the Federal Republic of Germany, as well as the principles of a free, democratic basic order governed by the rule of law, and respecting the competence of the European Union". The former German Democratic Republic had adhered to the Convention on 4 December 1974.

Declaration made upon ratification:
The International Plant Protection Convention "... shall also extend to the Land Berlin as from the same date on which it will come into force in respect of the Federal Republic of Germany."

Romania

Declaration made upon accession:
"The cabinet of the Socialist Republic of Romania considers the continued status of dependence of certain territories referred to in the provisions of Article XI of the Convention incompatible with the Charter of the United Nations or other instruments adopted by the United Nations on the granting of independence to colonial countries and peoples, including the Declaration on Principles of International Law concerning Friendly Relations and cooperation among States in accordance with the Charter of the United Nations, unanimously adopted by Resolution 2625 (XXV) of 24 October 1970 of the General Assembly of the United Nations which solemnly proclaims that 'every State has the duty to promote realization of the principle of equal rights and self-determination of peoples' in order to put an end to colonialism quickly."

Declaration made upon accession:
"The Government of the Socialist Republic of Romania considers the accession of the 'Republic of Korea' to the International Plant Protection Convention concluded in Rome on 6 December 1951 illegal because the authorities of South Korea cannot under any circumstances act in the name of Korea."

Serbia

On 26 September 2002, the Director-General received a notification of succession from the Federal Republic of Yugoslavia, as a successor State of the Socialist Federal Republic of Yugoslavia. Subsequently, on 6 February 2003, the Director-General received a new notification informing him that the name “Federal Republic of Yugoslavia” has been changed to “Serbia and Montenegro”. On 12 June 2006, the Director-General received a further notification informing that the Republic of Serbia is continuing the membership of “Serbia and Montenegro” in FAO and all its organs, on the basis of Article 60 of the Constitutional Charter of Serbia and Montenegro, activated by the Declaration of Independence adopted by the National Assembly of Montenegro on 3 June 2006, and that the name “Republic of Serbia” is to be henceforth used instead of the name “Serbia and Montenegro”. Consequently, the Republic of Serbia is considered a party to the IPPC as of 27 April 1992, date on which the then Federal Republic of Yugoslavia assumed responsibility for its international relations.

Suriname

On 22 April 1977, the Director-General received from Suriname a formal declaration of succession stating that Suriname considers itself bound by the Convention, which had been previously declared applicable to Suriname by the Kingdom of the Netherlands, and that it accepts the rights and obligations arising there from.

United States of America

United States of America accepted the amended Convention (1997) subject to the following understandings:
"(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."

Yemen

On 22 May 1990 the Yemen Republic and the People's Democratic Republic of Yemen merged into a single State known as "Republic of Yemen". In a communication of 19 May 1990 addressed to the United Nations Secretary-General, the Ministers of Foreign Affairs of the Yemen Arab Republic and of the People's Democratic Republic of Yemen stated: "all treaties and agreements concluded between either the Yemen Arab Republic or the People's Democratic Republic of Yemen and other States and international organizations in accordance with international law which are in force on 22 May 1990 will remain in effect and international relations existing on 22 May 1990 between the People's Democratic Republic of Yemen and the Yemen Arab Republic and other States will continue". As a result of this declaration, in the present document, in case of an Agreement to which both the Yemen Arab Republic and the People's Democratic Republic of Yemen were parties, the date of acceptance or signature chosen is the one which either the Yemen Arab Republic or the People's Democratic Republic of Yemen accepted/signed first.

 

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