Rules of Procedure of the Commission on Phytosanitary measures
The text was adopted at CPM8 in April, 2013 and approved by Director General of FAO on 8 November 2013, which is the date of entry into force of the revision.
RULES OF PROCEDURE OF
THE COMMISSION ON PHYTOSANITARY MEASURES
1. Membership of the Commission on Phytosanitary Measures (hereafter referred to as “the Commission”) consists of all contracting parties to the International Plant Protection Convention (hereafter referred to as “the IPPC”).
2. Before the opening of each session of the Commission, each contracting party (hereafter referred to as “member of the Commission”) shall communicate to the Director-General (hereafter referred to as “the Director-General”) of the Food and Agriculture Organization of the United Nations (hereafter referred to as “the Organization”) the names of all the persons (the head of the delegation, as well as alternates, experts and advisers) appointed by such member of the Commission to represent it during the session mentioned above. For the purpose of these Rules, the term “delegates” means the persons so appointed.
1. The Commission shall elect a Chairperson, not more than two Vice-Chairpersons and other persons from among the delegates to form a Commission Bureau of seven persons, so that each FAO region is represented. The Commission shall elect a rapporteur for each regular session from among the delegates. No delegate shall be eligible without the concurrence of the respective head of delegation. The Commission Bureau shall be elected under the FAO Rules and Regulations at the end of a regular session and shall hold office for a term of two years. Subject to the agreement of the region concerned, an individual member shall be eligible for re-election for another two consecutive terms. In exceptional circumstances, an FAO region may submit a request to the CPM for an exception to allow a member to serve (an) additional term(s). The Chairperson, or in the absence of the Chairperson, a Vice-Chairperson, shall preside at all meetings of the Commission and shall exercise such other functions as may be required to facilitate the work of the Commission. A Vice-Chairperson acting as a Chairperson shall have the same powers and duties as the Chairperson. The purpose of the Commission Bureau is to provide guidance to the Commission on the strategic direction, financial and operational management of its activities in cooperation with others as approved by the Commission. Detailed Rules of Procedure for the Bureau are attached in Annex I which shall constitute an integral part of these Rules of Procedure.
2. The Chairperson shall declare the opening and closing of each plenary meeting of the session. He/she shall direct the discussions in plenary meetings, and at such meetings ensure observance of these Rules, accord the right to speak, put questions and announce decisions. He/she shall rule on points of order and, subject to these Rules, shall have complete control over the proceedings at any meetings. He/she may, in the course of the discussion of an item, propose to the Commission the limitation of the time to be allowed to speakers, the number of times each delegation may speak on any question, the closure of the list of speakers, the suspension or adjournment of the meeting, or the adjournment or closure of the debate on the item under discussion.
3. The Chairperson, or a Vice-Chairperson acting as Chairperson, shall not vote but may appoint an alternate, associate or adviser from his/her delegation to vote in his/her place.
4. The Chairperson, in the exercise of his/her functions, remains under the authority of the Commission.
1. The Secretary of the IPPC shall be responsible for implementing the activities assigned to the Secretariat in accordance with the policies of the Commission. The Secretary shall report to the Commission on the activities assigned to the Secretariat.
1. The Commission shall hold one regular session each year. Special sessions shall be held as considered necessary by the Commission or at the written request of at least one third of the members of the Commission.
2. Sessions of the Commission shall be convened by the Chairperson of the Commission, after consultation with the Director-General.
3. Notice of the date and place of each session of the Commission shall be communicated to all the members of the Commission at least two months before the session.
4. Each member of the Commission shall have one representative, head of delegation, who may be accompanied by one or more alternates, experts and advisers. An alternate, expert or adviser shall not have the right to vote except when substituting for the head of delegation.
5. Meetings of the Commission shall be held in public unless the Commission decides otherwise.
6. A majority of the members of the Commission shall constitute a quorum.
1. The Director-General, in consultation with the Chairperson of the Commission, shall prepare a provisional agenda.
2. The first item on the provisional agenda shall be the adoption of the Agenda.
3. Any member of the Commission may request the Director-General to include specific items in the Provisional Agenda.
4. The Provisional Agenda shall normally be circulated by the Director-General at least two months in advance of the session to all members of the Commission and to all observers invited to attend the session.
5. Any member of the Commission, and the Director-General, may, after the despatch of the Provisional Agenda, propose the inclusion of specific items on the Agenda with respect to matters of an urgent nature. These items should be placed on a supplementary list, which, if time permits before the opening of the session, shall be dispatched by the Director-General to all members of the Commission, failing which the supplementary list shall be communicated to the Chairperson for submission to the Commission.
6. After the Agenda has been adopted, the Commission may, by a two-thirds majority of the members of the Commission present and voting, amend the Agenda by the deletion, addition or modification of any item. No matter referred to the Commission by the Conference or Council of the Organization may be omitted from the Agenda.
7. Documents to be submitted to the Commission at any Session shall be furnished by the Director-General to all the members of the Commission and to observers invited to the session, at the time the Agenda is dispatched or as soon as possible thereafter.
8. Formal proposals relating to items on the Agenda and amendments thereto introduced during a session of the Commission shall be made in writing and handed to the Chairperson, who shall arrange for copies to be circulated to all delegates.
1. Subject to the provisions of Article II of the Constitution of the Organization, each member of the Commission shall have one vote.
2. The Commission shall make every effort to reach agreement on all matters by consensus. If all efforts to reach consensus have been exhausted and no agreement has been reached, the decision shall, as the last resort be taken by a two-thirds majority of the members of the Commission present and voting.
3. For the purpose of these Rules, the phrase “members present and voting” means members of the Commission casting an affirmative or negative vote. Members who abstain from voting or cast a defective ballot are considered as not voting.
4. Upon the request of any member of the Commission, voting shall be by roll-call vote, in which case the vote of each member shall be recorded.
5. When the Commission so decides, voting shall be by secret ballot.
6. The provisions of Rule XII of the General Rules of the Organization shall apply mutatis mutandis to all matters not specifically dealt with under this Rule.
i) Any Country that is not a contracting party but is a Member of FAO, as well as the United Nations, any of its specialized agencies and the International Atomic Energy Agency, may upon request communicated to the IPPC Secretary and endorsement by the CPM Bureau, participate as an observer in meetings of the Commission.
ii) Any Country that is not a Member of FAO or an IPPC contracting party, but is a Member of the United Nations, any of its specialized agencies or the International Atomic Energy Agency may, upon request communicated to the FAO Director General, and subject to the relevant provisions of the Basic Texts of the Organization, be invited to participate as an observer in meetings of the Commission.
iii) Any Country that is not a Member of FAO or a member of the United Nations, any of its specialized agencies or the International Atomic Energy Agency shall not be permitted to send observers to meetings of the Commission.
i) Intergovernmental organizations (IGOs):
a) IGOs should meet the following criteria: it should have been set up by an intergovernmental convention (a convention to which the parties are States); the governing body of the organization should be composed of members designated by governments; the income of the organization should be made up mainly, if not exclusively, of contributions from governments.
b) IGOs that have established formal relations with FAO may, upon request communicated to the IPPC Secretary and endorsement by the Bureau, participate as observers in meetings of the Commission.
c) IGOs that have not established formal relations with FAO may, upon request communicated to the IPPC Secretary, participate as observers in meetings of the Commission if, in the judgment of the IPPC Secretary and the CPM Bureau, there are concrete reasons for allowing their participation which would forward the work of the Commission.
ii) International non-governmental organizations (INGOs):
a) INGOs that have been granted formal status by FAO may participate in meetings of the Commission.
b) INGOs that have not been granted formal status by FAO may, upon request communicated to the IPPC Secretary, participate as observers in meetings of the Commission if, in the judgment of the IPPC Secretary and the CPM Bureau, there are concrete reasons for allowing their participation which would forward the work of the Commission.
c) INGOs that have not been granted formal status by FAO shall be examined in light of the following criteria: they should be international in structure and scope of activity, and representative of the specialized field of interest in which they operate; they should be concerned with matters covering a part or all of the Commission’s field of activity; they should have aims and purposes in conformity with the IPPC; they should have a permanent directing body and Secretariat, authorized representatives and systematic procedures and machinery for communicating with its membership in various countries; and they should have been established at least three years before they request participating in the meetings of the Commission.
i) participate in the discussions, subject to the approval of the Chairman of the Commission and without the right to vote;
ii) receive the documents other than those of a restricted nature, and
iii) circulate, without abridgement, the views of the organization or country which they represent on particular items of the agenda.
1. At each session, the Commission shall approve a report embodying its views, recommendations and conclusions, including, when requested, a statement of minority views. Such other records, for its own use, as the Commission may on occasion decide, shall also be maintained.
2. The report of the Commission shall be transmitted at the close of each session to the Director-General who shall circulate it to all members of the Commission and observers that were represented at the session, for their information, and, upon request, to other Members and Associate Members of the Organization.
3. Recommendations of the Commission having policy, programme or financial implications for the Organization shall be brought by the Director-General to the attention of the Conference and/or of the Council of the Organization for appropriate action.
4. Subject to the provisions of the preceding paragraph the Director-General may request members of the Commission to supply the Commission with information on action taken on the basis of recommendations made by the Commission.
1. The Commission may establish such subsidiary bodies as it deems necessary for the accomplishment of its functions.
2. The terms of reference and procedures of the subsidiary bodies shall be determined by the Commission.
3. Membership in these subsidiary bodies shall consist of selected members of the Commission, or of individuals appointed in their personal capacity as respectively determined by the Commission.
4. The representatives of subsidiary bodies shall be specialists in the fields of activity of the respective subsidiary bodies.
5. The establishment of subsidiary bodies shall be subject to the availability of the necessary funds in the relevant chapter of the approved budget of the Organization. Before taking any decision involving expenditure in connection with the establishment of subsidiary bodies, the Commission shall have before it a report from the Director-General on the administrative and financial implications thereof.
6. Each subsidiary body shall elect its own officers, unless appointed by the Commission.
1. The procedures for the development and adoption of international standards are set out in the Annex II to these Rules and shall form an integral part thereof.
2. Notwithstanding the provisions of Rule VI.2, where consensus is not reached on a proposal for the adoption of a standard which has been introduced before the Commission for the first time, the proposed standard shall be referred back to the appropriate body of the Commission, together with its comments thereon, for further consideration.
1. Expenses incurred by delegates when attending sessions of the Commission or of its subsidiary bodies, as well as the expenses incurred by observers at sessions, shall be borne by their respective governments or organizations. Developing countries delegates may request financial assistance to attend sessions of the Commission or its subsidiary bodies.
2. Any financial operations of the Commission and its subsidiary bodies shall be governed by the appropriate provisions of the Financial Regulations of the Organization.
1. Pursuant to Rule XLVII of the General Rules of the Organization, the languages of the Commission and its subsidiary bodies shall be the languages of the Organization.
2. Any representative using a language other than one of the languages of the Commission shall provide for interpretation into one of the languages of the Commission.
1. Amendment of or additions to these Rules may be adopted by a two-thirds majority of the members of the Commission present and voting, provided that not less than 24 hours notice of the proposal for the amendment or the addition has been given.
2. Any of the above Rules of the Commission, other than Rule I.1, Rule IV.2 and 6, Rule V.6, Rule VI.1 and 2, Rule VII, Rule VIII.3 and 4, Rule IX.2 and 5, Rule XI, Rule XIII.1 and Rule XIV may be suspended by a two thirds majority of the members of the Commission present and voting, provided that not less than 24 hours notice of the proposal for suspension has been given. Such notice may be waived if no representative of the members of the Commission objects.
1. These Rules and any amendments or additions thereto shall come into force upon approval by the Director-General of the Organization.
Rule 1. Purpose of the Bureau
1. The purpose of the Bureau is to provide guidance to the CPM on the strategic direction, financial and operational management of its activities in cooperation with others as approved by CPM.
2. As appropriate, members of the Bureau will also assist the CPM in its administrative and operational duties. The Bureau provides continuity in the management of the CPM and, through representation of all FAO regions, facilitates the expression of all viewpoints on strategic, administrative and procedural matters on an ongoing basis.
Rule 2. Functions of the Bureau
1. The Bureau shall have the following functions:
a) Ensuring the efficient implementation of the CPM work programme in coordination with the Secretariat.
b) Making recommendations to improve CPM management and delivery of strategic directions, financial and operational activities.
c) Assisting with the administrative, and operational duties of the CPM in areas such as:
i) delivery of the IPPC Strategic Framework
ii) financial planning and management
d) Providing advice, guidance and strategic direction to subsidiary and other bodies in between plenary sessions of the CPM, in accordance with CPM decisions.
e) Addressing specific issues assigned to it by the CPM.
Rule 3. Membership
1. The members of the Bureau shall be elected by the CPM as per Rule II of the Rules of Procedure of the CPM.
2. FAO regions select their candidates for membership of the Bureau on the basis of the procedures agreed within each region.
Rule 4. Replacement of members
1. FAO regions shall nominate replacements for members of the Bureau and submit them to the CPM for election. Replacements should be eligible to be members as set forth in these Rules. Each FAO region shall select a maximum of two replacements for CPM election. If a member of the Bureau, other than the Chairperson, becomes unavailable for a meeting their respective replacement may substitute them during that specific meeting. If a member of the Bureau becomes unavailable on a long term basis, for unavoidable reasons, resigns or no longer meets the qualifications required for being member of the Bureau, the replacement will substitute the member of the Bureau for the remainder of the term of office for which he/she has been elected. The replacement should be from the same region as the member of the Bureau being replaced.
Rule 5. Chairperson
1. The Chairperson of the CPM shall be the Chairperson of the Bureau.
Rule 6. Meetings
1. Bureau meetings shall be convened by the IPPC Secretary. Four members of the Bureau shall constitute a quorum. The Bureau shall meet at least twice a year. The IPPC Secretary may also convene meetings of the Bureau as necessary to enable any outstanding specific activities to be undertaken before the following CPM session or scheduled Bureau meeting.
2. In the absence of the Chairperson, the Vice Chairperson will chair the meeting.
3. Meetings of the Bureau shall be closed unless otherwise determined by the Bureau. The Bureau may invite experts to provide advice or information on specific matters. The IPPC Secretary or a representative designated by him/her shall attend the meetings of the Bureau.
Rule 7. Decision making
1. Decisions will be made by consensus. Situations where consensus cannot be reached shall be described in the meeting reports detailing all positions maintained and presented to the CPM for guidance and appropriate action.
Rule 8. Documentation, records and reports
1. The Secretariat is responsible for coordinating the activities of the Bureau and providing administrative, technical and editorial support, as required by the Bureau.
2. The Secretary, in consultation with the Chairperson of the CPM, shall prepare a provisional agenda for the Bureau meetings and make it available to members of the Bureau preferably four weeks prior to the beginning of each meeting.
3. The Secretariat shall make meeting documents available to Bureau members as soon as possible after the preparation of the provisional agenda.
4. The Secretariat shall keep the records of the Bureau and minutes of the Bureau meetings. A report should be available within one month after each meeting and posted on the International Phytosanitary Portal.
5. The Chairperson shall submit a yearly report to the CPM on the activities of the Bureau.
Rule 9. Language
1. The business of the Bureau shall be conducted in English, unless otherwise decided by the Bureau.
Rule 10. Amendment
1. These Rules and amendments or additions thereto shall be adopted by two thirds majority of the members of the Commission present and voting, provided that not less than 24 hours notice of the proposal for the amendment or addition has been given.
The process for the development of International Standards for Phytosanitary Measures (ISPMs) is divided into four stages:
· Stage 1: Developing the International Plant Protection Convention (IPPC) standard setting work programme
· Stage 2: Drafting
· Stage 3: Member consultation for draft ISPMs
· Stage 4: Adoption and publication.
Relevant Interim Commission on Phytosanitary Measures (ICPM) / Commission on Phytosanitary Measures (CPM) decisions on many aspects of the standard setting process have been compiled in the IPPC Procedure Manual which is available on the International Phytosanitary Portal (IPPC, https://www.ippc.int).
Stage 1: Developing the List of topics for IPPC standards
Step 1: Call for topics
Panels (TPs) submit detailed proposals for new topics or for the revision of existing ISPMs to the IPPC Secretariat. Submissions should be accompanied with a draft specification, a literature review and justification that the proposed topic meets the CPM-approved criteria for topics (available in the IPPC Procedure Manual). To indicate a broader need for the proposed topic, submitters are encouraged to gain support from other IPPC members and/or regions.
The IPPC Secretariat compiles a list of the proposed topics from the submissions received.
Submissions from previous years are not included, but IPPC members may re-submit these, as appropriate.
The Standards Committee (SC), taking into account the IPPC Strategic Framework and the Criteria for justification and prioritization of proposed topics, reviews the existing List of topics for IPPC standards and the compiled list of proposed topics. The SC recommends a revised List of topics for IPPC standards (including subjects), adding topics from the compiled list, deleting or modifying topics in the existing List of topics for IPPC standards as appropriate, giving each topic a recommended priority.
Step 2: Adjustment and adoption of the list of topics for IPPC standards
The CPM reviews the List of topics for IPPC standards recommended by the SC. The CPM adjusts and adopts the List of topics for IPPC standards, including assigning a priority for each topic. A revised List of topics for IPPC standards is made available.
In any year, when a situation arises in which an ISPM is required urgently, the CPM may insert such a topic into the List of topics for IPPC standards.
Stage 2: Drafting
Step 3: Development of a specification
The SC should be encouraged to assign a lead steward and one or two assistants for each topic. These assistants could be from outside the SC, such as potential SC replacement members, former SC members, TP members or expert working group members.
The SC reviews the draft specification. The SC should endeavour to approve draft specifications for member consultation at the SC meeting following the CPM meeting when new topics have been added to the List of topics for IPPC standards.
Once the SC approves the draft specification for member consultation, the Secretariat makes it publicly available and notifies IPPC members. The length of member consultation for draft specifications is 60 days. The IPPC contact point submits comments to the Secretariat using the OCS.
The Secretariat compiles the comments received, makes them publicly available and submits them to the steward(s) and SC for consideration. The specification is revised and approved by the SC and made publicly available.
Step 4: Preparation of a draft ISPM3
An expert drafting group (EDG, expert working group (EWG) or TP) drafts or revises the draft ISPM in accordance with the relevant specification. The resulting draft ISPM is recommended to the SC.
The SC or SC-7 reviews the draft ISPM at a meeting (for a Diagnostic Protocol (DP) or
Phytosanitary Treatment (PT), the SC reviews it electronically) and decides whether to approve it for member consultation, to return it to the steward(s) or an EDG or to put it on hold. When the SC-7 meets, comments from any SC members should be taken into account.
Stage 3: Member consultation for draft ISPMs
Step 5: Member consultation for draft ISPMs
Once the SC approves the draft ISPM for member consultation, the Secretariat makes it publicly available and notifies IPPC members. The length of member consultation for draft ISPMs is 150 days. The IPPC contact point submits comments to the Secretariat using the OCS.
The Secretariat compiles the comments received, makes them publicly available and submits them to the steward(s) for consideration. The steward(s) reviews the comments, prepares responses to the comments, revises the draft ISPM and submits them to the Secretariat. These are made available to the SC.
Step 6: Review of the draft ISPM prior to the Commission on Phytosanitary Measures meeting
Taking the comments into account, the SC-7 or TP (for DPs or PTs) revises the draft ISPM and recommends the draft ISPM to the SC.
Once the SC-7 or TP recommends the draft ISPM to the SC, the Secretariat makes it available to IPPC members for the substantial concerns commenting period and notifies IPPC members. The length of the substantial concerns commenting period for draft ISPMs is 120 days and should focus their comments on substantial concerns. The IPPC contact point submits the comments to the Secretariat using the OCS. The SC members should review comments submitted from their region and identify the comments deemed to be most important to the steward(s), accompanied by suggestions on how to address them.
The steward(s) reviews the comments, prepares responses to the comments, revises the draft ISPM and submits them to the Secretariat. These are made available to the SC and the draft ISPM is made available to IPPC members.
The SC reviews the comments, the steward(s)’ responses to the comments and the revised draft ISPM. The SC provides a summary of the major issues discussed by the SC for the draft ISPM. These summaries are recorded in the report of the SC meeting. The SC decides whether to recommend the draft ISPM to the CPM, or to put it on hold, return it to the steward(s) or an EDG or submit it for another round of member consultation.
The Secretariat should make the draft ISPM available in the languages of the organization as soon as possible and at least six weeks prior to the opening of the CPM meeting.
Stage 4: Adoption and publication
Step 7: Adoption
Following approval by the SC, the draft ISPM is included on the agenda of the CPM meeting.
All draft ISPMs presented to the CPM are subject to a formal objection. If a contracting party (CP) has a formal objection, the CP submits the formal objection along with the technical justification and suggestions for improvement of the draft ISPM to the Secretariat no later than 14 days prior to the CPM meeting and the draft ISPM should be returned to the SC. If no formal objection is received, the CPM should adopt the ISPM without discussion. In exceptional circumstances, not including DPs and PTs, there should be an opportunity for the
CPM Chair, in consultation with the SC Chair and the Secretariat, to propose a discussion of the formal objection at the CPM meeting with the aim that the formal objection can be lifted and the ISPM be adopted.
If the draft ISPM had been previously included on the agenda of the CPM and was subjected to a formal objection, the SC may decide to forward the draft ISPM to the CPM for a vote with no option for a formal objection.
For DPs, the CPM has delegated its authority to the SC to adopt DPs on its behalf. Once the SC approves the DP, the Secretariat makes it available and CPs are notified. The notification period for approved DPs is twice a year on defined dates. CPs have 45 days to review the approved DP and submit a formal objection, if any. If no formal objection is received, the SC, on behalf of the CPM, adopts the DP. DPs adopted through this process are noted by the CPM and attached to the report of the CPM meeting.
When a technical revision is required for an adopted DP, the SC can adopt the updates to adopted DPs via electronic means. The revised DPs shall be made publicly available as soon as the SC adopts them. DPs revised through this process are noted by the CPM and attached to the report of the CPM meeting.
Step 8: Publication
The adopted ISPM is made publicly available and noted in the report of the CPM meeting.
IPPC members may form a Language Review Group (LRG) and, following the CPM-agreed LRG process, may propose modifications to translations of adopted ISPMs to be noted at the following CPM meeting.
 Calls for topics include "technical area", "topic" and "subject", see the Hierarchy of terms for standards in the IPPC Procedure Manual.
 In annex 1 of the rules of procedure of the CPM, IPPC members are defined as: Contracting parties, National Plant Protection Organizations (NPPOs), Regional Plant Protection Organizations (RPPOs) and relevant international organizations.
 This procedure refers to "draft ISPMs" and "standards" to simplify wording, but also applies to any part of an ISPM, including annexes, appendices or supplements.
 A formal objection should be a technically supported objection to the adoption of the draft standard in its current form, sent through the official IPPC contact point. The Secretariat would not make any judgment about the validity of the objection – an objection with some technical discussion of the issue would be accepted as a formal objection.