ORDER OF THE MINISTRY OF AGRARIAN POLICY OF UKRAINE

of August 23, 2005 No. 414

About approval of Phytosanitary rules of import from abroad, transportations within the country, transit, export, procedure for conversion and realization of quarantine materials

According to article 11 of the Law of Ukraine "About quarantine of plants" I ORDER:

1. Approve Phytosanitary rules of import from abroad, transportations within the country, transit, export, procedure for conversion and realization of quarantine materials which are applied.

2. Declare invalid the order of the Main state inspectorate for quarantine of plants of Ukraine of September 25, 1996 No. 72 "About approval of Rules of phytosanitary control on frontier of Ukraine", registered in the Ministry of Justice of Ukraine of December 27, 1996 for No. 754/1779, and the order of the Main state inspectorate for quarantine of plants of Ukraine of August 6, 2002 No. 65 "About approval of Rules of phytosanitary control of wood and products from it", registered in the Ministry of Justice of Ukraine of August 30, 2002 for No. 716/7004.

3. Main state inspectorate for quarantine of plants of Ukraine (Dobryansky Ya. V.) in accordance with the established procedure to provide provision of this order on state registration in the Ministry of Justice of Ukraine.

4. To impose control over the implementation of the order on the deputy minister Melnik S. I.

Approved the Order of the Ministry of agrarian policy of Ukraine of August 23, 2005 No. 414

Phytosanitary rules of import from abroad, transportations within the country, transit, export, procedure for conversion and realization of quarantine materials

Phytosanitary rules of import from abroad, transportations within the country, transit, export, to procedure for conversion and realization of quarantine materials (further - Phytosanitary rules) determine the organization and procedure of phytosanitary (quarantine) control when importing from abroad, transit, export, transportations within the country, and also procedure for conversion and realization of quarantine materials.

1. General provisions

1.1. The organization of phytosanitary control of quarantine materials has such purpose:

protection of the territory of the country from entering or independent penetration of quarantine organisms;

accomplishment of the international obligations of Ukraine, agreements on quarantine of plants, requirements of agreements (contracts);

the prevention of penetration of harmful organisms both on the territory of Ukraine, and for its borders;

consumer protection from acquisition of the plants infected with wreckers, diseases and weeds of quarantine materials, including import which can cause significant damage to the national economy and the environment of Ukraine.

1.2. Belongs to phytosanitary requirements:

the list of quarantine zones from which export of quarantine materials without quarantine certificate, circumstances which entailed introduction of the quarantine mode, and time from which it is entered is prohibited;

the name of quarantine organism (on Ukrainian and Latin); description of organism; signs of damage of plants and vegetable products; the name, grade, breed and so forth which it damages; the period within year when there is the greatest threat of distribution of quarantine organism;

requirements to quarantine and phytosanitary condition of quarantine materials and objects;

requirements to fumigation (disinfecting), the name of chemicals (on condition of their use when disinfecting), the level of their concentration and exposure;

effective period of phytosanitary and quarantine certificates. When sending for export also phytosanitary requirements specified in the contract of the importing country, international conventions and agreements are considered.

The phytosanitary and quarantine certificates accompanying each job lot of quarantine materials which are transported in one vehicle which certify their quarantine and phytosanitary condition are determined by bodies of Public service for quarantine of plants of Ukraine.

1.3. Phytosanitary rules are obligatory for accomplishment by all public authorities, legal entities and physical persons.

1.4. The state inspectors on quarantine of plants of Ukraine in the work are guided:

The law of Ukraine "About quarantine of plants";

the resolution of the Cabinet of Ministers of Ukraine of May 26, 2004 No. 672 "About approval of the Procedure for conducting inspection, survey, the analysis, inspection and disinfecting of quarantine materials and objects and their list";

The regulations on Public service on quarantine of plants of Ukraine approved by the order of the Ministry of agrarian policy of Ukraine of December 11, 2003 No. 439, registered in the Ministry of Justice of Ukraine on December 29, 2003 for No. 1244/8565;

documents which are developed for the countries of the European Commonwealth by the Food and Agriculture Organization of the United Nations (FAO) and the European and Mediterranean Organization of quarantine and protection of plants which member is Ukraine according to the resolution of the Cabinet of Ministers of Ukraine of January 27, 1994 No. 38;

international conventions, agreements and agreements in industry of quarantine of plants which are ratified by Ukraine.

1.5. The chief state inspector on quarantine of plants of Ukraine, his deputies, the Chief state inspector of the Autonomous Republic of Crimea, the chief state inspectors of areas, cities of Kiev and Sevastopol, and also the state inspectors on quarantine of plants in limits of the powers have the right:

1.5.1. Carry out phytosanitary control of quarantine materials and objects which are exported, imported, conveyed as transit goods or are exported from quarantine zones.

1.5.2. Exercise the state control on quarantine of plants and inspect plants and vegetable products, agricultural and forest holdings, including control activities of introduktsiyno-quarantine nurseries, the state strain testing stations, greenhouses and greenhouses, botanical gardens which carry out quarantine inspection of the seeds, plants and landing material delivered from abroad in the corresponding territory.

1.5.3. Require information necessary for implementation of the powers.

1.5.4. Detain for carrying out quarantine survey and phytosanitary examination quarantine materials which are imported without quarantine documents from quarantine zone or from abroad.

1.5.5. Make sampling from batch of plants and vegetable products for conducting phytosanitary examination according to the law.

1.5.6. Issue orders, obligatory for accomplishment, concerning implementation of quarantine actions (disinfecting of quarantine materials, the direction for technical conversion of the plants infected with quarantine organisms and vegetable products or their destruction in case of impossibility of holding quarantine actions according to the Law of Ukraine "About quarantine of plants").

1.5.7. Provide the conclusions to bodies of insurance of rather caused loss owing to liquidation of quarantine organisms.

1.5.8. Impose according to the procedure, established by the law, administrative punishments on persons guilty of violation of the law on quarantine of plants.

1.5.9. Wear uniform with signs of distinction of the established samples and form.

1.5.10. Bring within a day the corresponding idea of introduction of the quarantine mode in case of identification of quarantine organisms.

1.6. Terms which are used in these Phytosanitary rules have such value:

load - quantity of plants and vegetable products and/or other quarantine materials which are transported from one country in another accompanied by (if necessary) one phytosanitary certificate (the load can consist of one or several batches, but be transported in one vehicle);

the center - the territory in which the quarantine organism is found;

import, export - set of the actions connected with movement of plants, vegetable products and/or other quarantine materials and vehicles through customs border of Ukraine in the corresponding direction;

the additional declaration - the specification which the stranaimporter requires to bring in the phytosanitary certificate and which contains the additional information which concerns only phytosanitary condition of consignment;

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