25 Community accession to the International
Plant Protection Convention
| (24867)
12302/03
COM(03) 470
| Draft Council Decision approving the accession of the European Community to the International Plant Protection Convention, as revised and approved by Resolution 12/97 of the Twenty-ninth Session of the FAO Conference in November 1997.
|
| Legal base | Articles 37 and 300EC; consultation; QMV
|
| Document originated | 31 July 2003
|
| Deposited in Parliament | 15 September 2003
|
| Department | Environment, Food and Rural Affairs
|
| Basis of consideration | EM of 6 October 2003
|
| Previous Committee Report | None
|
| To be discussed in Council | No date set
|
| Committee's assessment | Legally important
|
| Committee's decision | Cleared
|
Background
25.1 The purpose of the International Plant Protection Convention
(IPPC) is to secure common and effective action to prevent the
spread and introduction of pests of plants and plant products,
and to promote appropriate means for their control. The Convention
was originally adopted in 1951, but was amended in 1997 to reflect
responsibilities arising under the World Trade Organisation's
Agreement on the Application of Sanitary and Phytosanitary Measures.
At present, about 40% of the existing contracting parties have
accepted these amendments, but they will not come into force until
two-thirds have done so.
The current proposal
25.2 The Community is not a party to the 1951 Convention, but
one of the amendments made in 1997 permits members of the Food
and Agriculture Organisation (FAO) to become contracting parties.
As the Community is a member of the FAO, the Commission is proposing
in this document that the Council should approve its accession
to the IPPC, thus enabling the President of the Council to deposit
the necessary instrument with the FAO Director-General.
The Government's view
25.3 In his Explanatory Memorandum of 6 October 2003, the Parliamentary
Under-Secretary of State (Commons) at the Department for Environment,
Food and Rural Affairs (Mr Ben Bradshaw) says that, although the
principle of the Community's accession has been accepted, it is
the Government's clear view that the Community cannot purport
to approve its accession to the Convention until the 1997 amendments
have been accepted by the required two-thirds of existing members
needed to trigger its entry into force. Consequently, unless
the Commission has good arguments to the contrary, the UK would
need to oppose the proposal as it stands on procedural grounds.
25.4 The Minister also says that the UK has difficulties
with one of the Annexes to the proposal, which defines areas where
the Community and its Member States have competence. This is
because it describes the various competences in general terms,
rather than in relation to the specific Community rules which
allocate them.
Conclusion
25.5 We note with interest the Government's view
that the Commission is seeking in this proposal to jump the gun
as regards Community accession to the International Plant Protection
Convention, and, although we do not think this is an issue requiring
any further consideration, we are nevertheless drawing it to the
attention of the House.
|
