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6. Principles of plant quarantine as related to international trade

GENERAL PRINCIPLES

RELEVANT IPPC ARTICLE(S) AND SECTION(C)

1. Sovereignty

With the aim of preventing the introduction of quarantine pests into their territories, it is recognized that countries may exercise the sovereign right to utilize phytosanitary measures to regulate the entry of plants and plant products and other materials capable of harbouring plant pests.

Article VI 1(a)-(e) Article II (for definitions)

2. Necessity

Countries shall institute restrictive measures only where such measures are made necessary by phytosanitary considerations, to prevent the introduction of quarantine pests.

Article VI 1(a)-(d) Article VI 2(a)

3. Minimal impact

Phytosanitary measures shall be consistent with the pest risk involved, and shall represent the least restrictive 'measures available which result in the minimum impediment to the international movement of people, commodities conveyances.

Article VI 2, particularly(f)

4. Modification

As conditions change, and as new facts become available, phytosanitary measures shall be modified promptly, either by inclusion of prohibitions, restrictions or requirements necessary for their success, or by removal of those found to be unnecessary.

Article VI 1 and 2

5. Transparency

Countries shall publish and disseminate phytosanitary prohibitions restrictions and requirements and, on request, make available the rationale for such measures.

Article VI 1, 2 and 4

6. Harmonization

Phytosanitary measures shall be based, whenever possible, on international standards, guidelines and recommendations, developed within the framework of the IPPC.

Article I

7. Equivalence

Countries shall recognize as being equivalent those phytosanitary measures that are not identical but which have the same effect.

Not specifically covered in the IPPC

8. Dispute settlement

It is preferable that any dispute between two countries regarding phytosanitary measures be resolved at a technical bilateral level. If such a solution cannot be achieved within a reasonable period of time, further action may be undertaken by means of a multilateral settlement system.

Article IX

SPECIFIC PRINCIPLE

RELEVANT IPPC ARTICLE(S) AND SECTIONS(S)

9. Cooperation

Countries shall cooperate to prevent the spread and introduction of quarantine pests, and to promote measures for their official control.

Preamble Article I Article VI (b) Article VI to VIII

10. Technical authority

Countries shall provide an official Plant Protection Organization.

Article IV Article V 1 (a)

11. Risk analysis

To determine which pest are quarantine pests and the strength of the measures to be taken against them, countries shall use pest risk analysis methods based on biological and economic evidence and, wherever possible, follow procedures developed within the framework of the IPPC.

Not specifically covered by the IPPC, but the activity of producing lists of quarantine pests covered in Article VI 2 and VI 1e involves this activity.

12. Managed risk

Because some risk of the introduction of a quarantine pest always exists, countries shall x agree to a policy of risk management when formulating phytosanitary measures.

Not specifically covered in Not specifically covered in.

13. Pest-free areas

Countries shall recognize the status of areas in which specific pest does not occur. On request, the countries in whose territories the pest-free areas lie shall demonstrate this status based, where available, on procedures developed within the framework of the IPPC.

Article IV 1a (i) Article IV 1b

14. Emergency action

Countries may, in the face of a new and/or unexpected phytosanitary situation, take immediate emergency measures on the basis of a preliminary pest risk analysis. Such emergency measures shall be temporary in their application, and their validity will be subjected to, a detailed pest risk analysis as soon as possible.

Article VI 1 (a)-(e)

15. Notification of non-compliance

Importing countries shall promptly inform exporting countries of any non-compliance with phytosanitary prohibitions, restrictions or requirements.

Article VI 2 (e)

16. Non-discrimination

Phytosanitary measures shall be applied without discrimination between countries of the same phytosanitary status, if such countries can demonstrate that they apply identical or equivalent phytosanitary measures in pest management. In the case of a quarantine pest within a country, measures shall be applied without discrimination between domestic and imported consignments.

Not specifically covered in the IIPC

GENERAL PRINCIPLES		RELEVANT IPPC ARTICLE(S) AND SECTION(C)
1. Sovereignty	With the aim of preventing the introduction of quarantine pests into their territories, it is recognized that countries may exercise the sovereign right to utilize phytosanitary measures to regulate the entry of plants and plant products and other materials capable of harbouring plant pests.	Article VI 1(a)-(e) Article II (for definitions)
2. Necessity	Countries shall institute restrictive measures only where such measures are made necessary by phytosanitary considerations, to prevent the introduction of quarantine pests.	Article VI 1(a)-(d) Article VI 2(a)
3. Minimal impact	Phytosanitary measures shall be consistent with the pest risk involved, and shall represent the least restrictive 'measures available which result in the minimum impediment to the international movement of people, commodities conveyances.	Article VI 2, particularly(f)
4. Modification	As conditions change, and as new facts become available, phytosanitary measures shall be modified promptly, either by inclusion of prohibitions, restrictions or requirements necessary for their success, or by removal of those found to be unnecessary.	Article VI 1 and 2
5. Transparency	Countries shall publish and disseminate phytosanitary prohibitions restrictions and requirements and, on request, make available the rationale for such measures.	Article VI 1, 2 and 4
6. Harmonization	Phytosanitary measures shall be based, whenever possible, on international standards, guidelines and recommendations, developed within the framework of the IPPC.	Article I
7. Equivalence	Countries shall recognize as being equivalent those phytosanitary measures that are not identical but which have the same effect.	Not specifically covered in the IPPC
8. Dispute settlement	It is preferable that any dispute between two countries regarding phytosanitary measures be resolved at a technical bilateral level. If such a solution cannot be achieved within a reasonable period of time, further action may be undertaken by means of a multilateral settlement system.	Article IX
SPECIFIC PRINCIPLE		RELEVANT IPPC ARTICLE(S) AND SECTIONS(S)
9. Cooperation	Countries shall cooperate to prevent the spread and introduction of quarantine pests, and to promote measures for their official control.	Preamble Article I Article VI (b) Article VI to VIII
10. Technical authority	Countries shall provide an official Plant Protection Organization.	Article IV Article V 1 (a)
11. Risk analysis	To determine which pest are quarantine pests and the strength of the measures to be taken against them, countries shall use pest risk analysis methods based on biological and economic evidence and, wherever possible, follow procedures developed within the framework of the IPPC.	Not specifically covered by the IPPC, but the activity of producing lists of quarantine pests covered in Article VI 2 and VI 1e involves this activity.
12. Managed risk	Because some risk of the introduction of a quarantine pest always exists, countries shall x agree to a policy of risk management when formulating phytosanitary measures.	Not specifically covered in Not specifically covered in.
13. Pest-free areas	Countries shall recognize the status of areas in which specific pest does not occur. On request, the countries in whose territories the pest-free areas lie shall demonstrate this status based, where available, on procedures developed within the framework of the IPPC.	Article IV 1a (i) Article IV 1b
14. Emergency action	Countries may, in the face of a new and/or unexpected phytosanitary situation, take immediate emergency measures on the basis of a preliminary pest risk analysis. Such emergency measures shall be temporary in their application, and their validity will be subjected to, a detailed pest risk analysis as soon as possible.	Article VI 1 (a)-(e)
15. Notification of non-compliance	Importing countries shall promptly inform exporting countries of any non-compliance with phytosanitary prohibitions, restrictions or requirements.	Article VI 2 (e)
16. Non-discrimination	Phytosanitary measures shall be applied without discrimination between countries of the same phytosanitary status, if such countries can demonstrate that they apply identical or equivalent phytosanitary measures in pest management. In the case of a quarantine pest within a country, measures shall be applied without discrimination between domestic and imported consignments.	Not specifically covered in the IIPC