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DECISION OF BOARD OF THE EURASIAN ECONOMIC COMMISSION

of March 19, 2019 No. 38

About approval of Rules of realization of general processes in the field of information support of use of quarantine phytosanitary measures

(as amended of the Decision of Board of the Eurasian economic commission of 17.10.2023 No. 150)

According to Item 30 of the Protocol on information and communication technologies and information exchange within the Eurasian Economic Union (appendix No. 3 to the Agreement on the Eurasian Economic Union of May 29, 2014) and being guided by the Decision of Board of the Eurasian economic commission of December 19, 2016 No. 169, the Board of the Eurasian economic commission solved:

1. Approve the enclosed Rules of realization of general processes in the field of information support of use of quarantine phytosanitary measures.

2. This Decision becomes effective after 30 calendar days from the date of its official publication.

Chairman of Board of the Eurasian economic commission 

T. Sargsyan

Approved by the Decision of Board of the Eurasian economic commission of March 19, 2019 No. 38

Rules of realization of general processes in the field of information support of use of quarantine phytosanitary measures

I. General provisions

1. These rules determine requirements to realization of general processes in the field of information support of use of quarantine phytosanitary measures within the Eurasian Economic Union (further respectively – general processes, the Union), the functions performed by authorized bodies on quarantine of plants of state members of the Union (further respectively – authorized bodies, state members) and the Eurasian economic commission (further – the Commission), and also structure of the data transferred and published on information portal of the Union in case of realization of general processes.

2. For the purposes of these rules concepts which mean the following are used:

"quarantine phytosanitary condition of the territory of state member" – availability or absence in the territory of state member of the centers of quarantine objects;

"system of electronic phytosanitary certification" – set of the acts of bodies of the Union and regulatory legal acts of the state members regulating questions of phytosanitary certification, organizational and technical actions and technical means, providing issue of phytosanitary standard certificates in electronic form by authorized bodies, storage and provision of information about them for implementation of phytosanitary quarantine control (supervision).

Other concepts used in these rules are applied in the values defined by the Agreement about Eurasian economic soyuzeot on May 29, 2014, the International convention on quarantine and protection of plants against December 6, 1951 and international standards on phytosanitary measures and also the acts of bodies of the Union concerning questions of creation and development of the integrated information system of the Union and other acts entering the right of the Union in the field of use of quarantine phytosanitary measures.

II. Purposes and tasks of realization of general processes

3. For the purpose of creation of conditions for ensuring quarantine phytosanitary safety of customs area of the Union and decrease in risk of import, transit and the address of the quarantine products infected (littered) with quarantine objects it is necessary to provide traceability of quarantine products when moving it on customs area of the Union, and also to provide the approved use of quarantine phytosanitary measures with state members.

4. For ensuring traceability of quarantine products in case of its movement between state members the following tasks are carried out:

a) ensuring operational exchange between authorized bodies the following data:

about the batches of quarantine products moved between the territories of state members about arrival of batches of such products in the destination, including information about issued (including on replacement) and the withdrawn (extinguished) phytosanitary certificates, and also information according to Procedure for the traceability of batches of the quarantine products (quarantine freights, quarantine materials, quarantine goods) imported on customs area of the Eurasian Economic Union and moved on customs area of the Eurasian Economic Union, the approved Decision of Board of the Eurasian economic commission of March 28, 2023 with No. 43 (further - the Procedure for traceability) (in the presence);

about the batches of quarantine products imported on customs area of the Union from the third countries about arrival of batches of such products in delivery location if the place of arrival of such batches is in the territory of one state member, and the place of completion of customs clearance - in the territory of other state member, including information on acts of phytosanitary quarantine control (supervision), and also information on the phytosanitary certificates issued in electronic form and information according to Procedure for traceability (in the presence);

about the fact of issue (lack of distribution) of the phytosanitary certificate at the request of authorized body of the state of the destination (with indication of details of the phytosanitary certificate) when moving batch of quarantine products between the territories of state members;

about the following violations revealed when implementing phytosanitary quarantine control (supervision):

recognition counterfeit or invalid the phytosanitary certificate shown when implementing phytosanitary quarantine control (supervision);

recognition of the phytosanitary certificate to the imposed quarantine phytosanitary requirements which are not confirming compliance of batch of quarantine products;

the non-notification of the official of authorized body of the state of the destination or non-presentation to this person of quarantine products for implementation of phytosanitary quarantine control (supervision);

discrepancy of identification batch number of quarantine products and means of identification (in the presence) information created concerning this batch of quarantine products;

b) ensuring issue of phytosanitary certificates in electronic form;

c) providing on requests of authorized bodies of exchange of the following data:

about the phytosanitary certificates issued (including on replacement) authorized bodies on the batches of quarantine products which are taken out from customs area of the Union to the third countries through the territories of other state members;

about the phytosanitary certificates issued (including on replacement) authorized bodies on the batches of quarantine products moved between the territories of state members through the territories of other state members;

about the phytosanitary certificates issued (including on replacement) authorized bodies of the third countries in electronic form on the batches of quarantine products imported on customs area of the Union from the third countries through the territories of other state members.

5. In process of readiness state members provide accomplishment of tasks, stipulated in Item 4 these rules, by means of functioning of system of electronic phytosanitary certification.

6. Ensuring the approved use of quarantine phytosanitary measures with state members is reached in the way:

a) the organizations of the notification of authorized bodies and the Commission about cases of detection and distribution of quarantine objects on customs area of the Union and the taken quarantine phytosanitary measures;

b) the organizations of exchange of data between authorized bodies and the Commission, and also publications of data on information portal of the Union:

about the temporary quarantine phytosanitary measures applied by state members (further – temporary measures);

about quarantine phytosanitary condition of the territories of state members.

III. The functions which are carried out by participants of general processes

7. Participants of general processes are authorized bodies and the Commission.

8. Within realization of general processes authorized bodies perform the following functions:

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