Role of Regional Plant Protection Organizations in the Development of Standards and Regulations

Ian McDonell

Before jumping into the heart of the issue, it might be useful for conference participants, who are not closely involved with the standard setting process, if I set the stage by addressing at a few basic questions.

What are Regional Plant Protection Organizations (RPPOs)?
Article IX of the New Revised Text of the IPPC outlines the role of Regional Plant Protection Organizations (RPPOs). Article IX (1) encourages contracting parties to the Convention to cooperate with one another in creating RPPOs in “appropriate areas.” The term appropriate areas may be interpreted to mean geographic areas facing similar pest concerns. Sometimes this is based on shared borders-as is the case in North America. The North American Plant Protection Organization (NAPPO) is composed of Canada, the United States, and Mexico. In other cases such as the Pacific Plant Protection Organization, members represent many island nations. A written agreement signed by governments participating in the RPPO provides the basis for its operation. A list of current RPPOs and their member countries can be found at:  http://www.fao.org/ag/agp/agpp/pq/En/Scrtrt/rppo.htm

What is the function of RPPOs?
Regional Plant Protection Organizations take on different forms and functions but generally perform two key functions: 1) encourage cooperation among its members to control pests and prevent their international movement; and 2) promote the objectives of the International Plant Protection Convention (IPPC). The New Revised Text of the Convention can be accessed through the following URL: http://www.fao.org/ag/agp/agpp/pq/En/Conven/Conventn.htm

What is the RPPO role in standard setting?
For purposes of this discussion, standard means “Standard for Phytosanitary Measures.” Article IX (3) of the IPPC refers to RPPOs cooperating with “the Secretary and the Commission in developing international standards,” whereas Article IX 4 (a) calls for regular meetings of representatives of RPPOs to “promote the development and use of relevant international standards for phytosanitary measures.” These are the two most relevant references for this discussion.

The regular meetings of RPPOs are referred to as “technical consultations.” Which have taken place annually over the past 12 years. Prior to the formation of the Interim Commission on Phytosanitary Measures (ICPM), Technical consultations were the main vehicle for international discussion of phytosanitary issues by technical experts. The Technical Consultations will continue, but the authority for setting international standards clearly lies with the ICPM.

What is the difference between a regional and an international standard?
Using the NAPPO as an illustration, phytosanitary experts from the three member countries developed a number of regional standards, with the aim to achieve its mission to “coordinate the efforts among Canada, the United States, and Mexico to protect their plant resources from the entry, establishment, and spread of regulated plant pests, while facilitating intra/interregional trade.”

These regional standards apply to the movement of all regulated articles among member countries as well as those articles entering North America from another country. The IPPC definition of regulated articles includes plants, plant products, storage places, packaging, conveyances, containers, soil, and any other organism, object, or material capable of spreading pests. Because increasing numbers of quarantine pests were being detected in wood packing entering North America, NAPPO decided to develop a regional standard for wood packing. Because regulation of this material affects a huge range of commercial products, we recognized that it would be a controversial topic.

We completed our NAPPO standard on Wood Dunnage and other Wood Packing Materials in October 1998. We delayed implementation however, because of the complexity of the legislative process in our countries to make changes with such far-reaching impact. In NAPPO, as with other RPPOs, regulatory and legislative authority rests with the national plant protection organizations. NAPPO has no regulatory or legislative authority.

Once we completed the NAPPO standard, we proposed to the IPPC that it develop an international standard on wood packing. Attendants at the 2^nd meeting of the ICPM, in October 1999, agreed with this proposal, and an expert working group was formed to take on the assignment. This expert working group was provided with the NAPPO standard as a background document for consideration in their discussions.

This is a legitimate role of RPPOs - nominating regional standards for consideration in the development of an international standard.

Approved international standards for Phytosanitary Measures and the schedule for standards currently being worked on is found at: http://www.fao.org/WAICENT/FaoInfo/Agricult/AGP/AGPP/PQ/En/
Publ/ISPM/ispms.htm

Is there an obligation to comply with international standards?
Compliance with standards developed by the IPPC is voluntary. The discipline to comply with the international standard comes from the World Trade Organization (WTO) agreement on the Application of Sanitary and Phytosanitary Measures, which states, “Desiring to further the use of harmonized sanitary and phytosanitary measures between Members, on the basis of international standards, guidelines and recommendations, including.....the relevant international and regional organizations operating within the framework of the International Plant Protection Convention.” It should be noted, however, that WTO members may opt for a level of protection different from the international standard, if it is technically justified, which is usually in the form of a pest risk assessment. This leads to a complicated discussion of the appropriate level of protection and consistency of application, which is the subject of several papers and much debate in the WTO. Time and space limitations prohibit discussion here.

What else can RPPOs contribute to the development of international standards?
There are several ways that RPPOs can contribute to the development of international standards. I have already described the possibility of proposing regional standards for consideration as international standards. RPPOs also have the opportunity to nominate experts to participate in the IPPC Working Groups assigned to develop specific standards. These experts can then communicate with other countries in their RPPO to seek input and make refinements to the standard before approval.

In addition, the Interim Standards Committee of the IPPC plays a coordinating, review, and revision role before any standards are presented to the ICPM for approval. The current structure of this committee provides for RPPO representation.

SUMMARY:

1. RPPOs get their authority from the International Plant Protection Convention (IPPC) and agreements between their member governments.

2. RPPOs can propose regional standards for consideration as international standards under the IPPC.

3. Regional and international standards are voluntary; the discipline comes from the WTO-SPS agreement.

4. RPPOs do not have legislative or regulatory authority, this authority rests with the national plant protection organization.

5. There are several opportunities for RPPOs to be represented in the process of developing international standards.