of December 22, 2023 No. 422
About protective measures against organisms, harmful to plants
The parliament adopts this organic law.
This law shifts provisions of Regulations (EU) of the European Parliament and Council 2016/2031 of October 26, 2016 about protective measures against the organisms harmful to plants, change of regulations (EU) No. 228/2013, (EU) No. 652/2014 and (EU) No. 1143/2014 of the European Parliament and Council and cancellation of directives of the Council 69/464/EES, 74/647/EES, 93/85/EES, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC published in the Official magazine of the European Union by L 317 of October 26, 2016, CELEX: 32016R2031, with the last changes made by Regulations (EU) 2017/625 European Parliament and Council of March 15, 2017 and the Delegated regulations (EU) 2019/827 Commissions of March 13, 2019 about criteria which professional operators for observance of conditions, stipulated in Item (a) of Article 89 (1) Regulations (EU) of 2016/2031 European Parliament and Council, and procedures of ensuring accomplishment of these criteria, published in the Official magazine of the European Union by L 137/10 of May 23, 2019 shall execute, CELEX: 32019R0827.
(1) This law establishes rules for determination of the phytosanitary risks created by any kind, strain or biotype of the pathogenic microorganisms, animals or plants parasites harmful to plants or vegetable products (further – harmful organisms), and measures for decrease in these risks are lower than economic threshold of injuriousness.
(2) the Purpose of this law is strengthening of legal and institutional base, creation of proper economic and legal conditions for the organization and implementation of protection of plants and phytosanitary quarantine which will provide:
a) prevention of import or mass distribution of quarantine harmful organisms or restriction of economic damage from regulated not quarantine harmful organisms;
b) protection of the territory of the country against import, distribution and/or drift, including from other countries, harmful organisms.
(3) in case of availability of the proof that not being parasites plants, except for falling under action of the List of invasive alien types approved by the Government, represent phytosanitary risks which render the serious economic, social and ecological impact provided by the aspects stated in item 4 of Chapter I of appendix 1, corresponding not being parasites of plant are considered as harmful organisms.
In sense of this law the following concepts are used:
other object – any material or subject, except for plants or vegetable products, capable to be source of penetration or distribution of harmful organisms, including the soil or the circle of cultivation;
competent authority – the central administrative authority subordinated to the Government, the politician, responsible for implementation, in the field of protection of plants and phytosanitary quarantine, the organization of control and other official activities, according to the national legal system;
body, the politician, responsible for development, – the central industry body of public management providing realization the politician in the field of protection of plants and phytosanitary quarantine;
traceability code – the digital, alphanumeric or consisting of letters code which identifies the transport, batch or trade item used for the purpose of traceability including from series, date of production or documents of the professional operator;
liquidation – removal of harmful organism from zone by application of phytosanitary measures;
prevalence of incidence – proportion or quantity of units in which the quarantine harmful organism is present at sample, at transport, at the earth or at other certain population;
construction for isolation – construction, except quarantine stations where harmful organisms, plants, vegetable products or other objects are stored in isolation conditions;
isolation – complex of phytosanitary measures which are applied in the infected zone and around it to prevention of distribution of harmful organism;
batch – the set of units of the same type of goods identified thanks to uniformity of structure, origin and other corresponding elements constituting part of transport;
phytosanitary measure – the official measure aiming to prevent penetration or distribution of quarantine harmful organisms or to limit economic impact of regulated harmful organisms which are not quarantine;
the authorized operator – the registered operator authorized by competent authority to issue phytosanitary passports according to Article 89, to apply markings according to Article 98 or to issue certifications according to Article 99;
the registered operator – the professional operator registered in the Register of professional operators;
professional operator – physical person or legal entity, irrespective of type of property and form of business, professionally involved and bearing legal responsibility for one or several actions concerning plants, vegetable products and other objects and also landing, reproduction, production, cultivation, reproduction and maintenance, penetration and movement of the territories of the Republic of Moldova and beyond its limits, placement in the market, storage, collection, distribution and processing;
harmful organism – any kind, version or biotype of plant or animal origin, or any other pathogenic agent, including viruses, mycoplasmas which harm plants and vegetable products, causing economic damage;
plants – live plants and their live parts, such, as: seeds (in botanical understanding), except those which are not intended for landing, fruit (in botanical understanding), vegetables, tubers, root layers, bulbs, rhizomes, roots, stocks, stolona, escapes, stalks, air stolona, cut flowers, branches with leaves or without them, foliage, the cut-down trees which kept foliage, leaves, cultures of cellular tissues of plants including cellular cultures, germinal plasma, meristems, chimerical clones, material for vegetative propagation, live pollen and disputes, kidneys, shanks, vaccinated branches, transplants, scions;
landing – any transaction on the room of plants on environment for growth or on their inoculation, or any other transaction directed to providing their subsequent growth, reproduction or reproduction;
the plant intended for landing – plant which is intended in order that to plant it, to replace or leave put;
economic threshold of injuriousness – the level of population of the harmful organisms causing economically justified losses exceeding total costs on processing of plants means of phytosanitary assignment;
vegetable products – not processed vegetable products, and also the processed products which by the nature or on conversion to which they are exposed can represent risk of distribution of quarantine harmful organisms. Wood is considered vegetable product, only if it: fully or partially keeps natural roundish surface, with bark or without bark; did not keep the natural roundish surface as a result of cut, cuttings or splittings; is in form of spill, shavings, sawdust, wood waste, shaving or wood waste and was not exposed to processing with use of glue, heat or pressure or combination of the listed methods for production pellet, briquettes, plywood or wood-shaving plates; it is used or is held for use as packaging material irrespective of whether it is used actually for cargo transportation;
the quarantine phytosanitary mode – package of measures for safety and prevention of danger of import and distribution of the quarantine harmful organisms applied in interstate and/or internal trade relations; and also on localization or liquidation in case of import or their presence in the territory of the country;
acclimatization – preserving for the predicted period of harmful organism in the territory after its import;
the quarantine station – any official station in which harmful organisms, plants, vegetable products or other objects contain in quarantine;
testing – official inspection, excellent from visual, regarding availability of harmful organisms or for their identification;
processing – the official or unofficial procedure directed to destruction, activity suppression, removal, sterilization, devitalization of quarantine harmful organisms or vegetable products;
trade item – the smallest commercial unit or other unit suitable for use or applicable on implementation phase, constituting all batch or part of batch;
the end user – any person acting for the purpose of which are outside the business or professional activity which acquires plants or vegetable products for use for personal reasons;
the protected zone – the zone regulated for effective protection of territorial space for the purpose of prevention of penetration and/or distribution of quarantine harmful organisms or restriction of their economic impact and recognized by competent authority.
(1) the Quarantine harmful organism is the organism which in total corresponds to the following criteria:
a) its identity is established according to Item 1 of Chapter I of appendix 1;
b) it is not present at the territory of the country according to the subitem 1) of Item 2 of Chapter I of appendix 1 or if is present, then it is not really widespread according to subitems 2) and 3) of Item 2 of Chapter I of appendix 1;
c) it is capable to get, acclimatize and extend to territories of the country or if is present, but is not widespread widely, capable to get, acclimatize and extend on those parts of the territory of the country in which is not present at sense of Item 3 of Chapter I of appendix 1;
d) its penetration, acclimatization and distribution according to item 4 of Chapter I of appendix 1 make economic, social or ecological impact on the corresponding territory or if it is present, but is not extended widely, to those parts of the corresponding territory where it is absent;
e) feasible and effective measures are available to prevention of delivery, acclimatization or distribution of the corresponding quarantine harmful organism in the corresponding territory, and also to minimization of possible risks and impact in this regard.
(2) the Government approves the list of quarantine harmful organisms which correspond to the conditions stated in part (1).
The quarantine harmful organism is quarantine harmful organism for the country if the territory provided in part (1) Articles 3, is the territory of the Republic of Moldova and if it appears in the list provided by part (2) Article 3.
(1) penetration, movement, storage, reproduction or release of quarantine harmful organisms in the territory of the country Is forbidden.
(2) Harmful organisms which come from the Republic of Moldova or acclimatized in any part of the territory of the country in the natural way or as a result of delivery because of limits of the territory of the country, are included in the List of quarantine harmful organisms for the Republic of Moldova as the harmful organisms recognized by attendees at its territory.
(3) the Harmful organisms which are not coming from the Republic of Moldova, or did not acclimatize in any part of the territory of the country are included in the List quarantine harmful by organism for the Republic of Moldova as harmful organisms which are unknown if they are present at its territory.
(4) If results of check show that the harmful organism which is not included in the List of quarantine harmful organisms answers the criteria provided by part (1) Articles 3, or that the harmful organism included in the list of quarantine harmful organisms does not answer one any more or several corresponding criteria, offers on adjustment of the List of quarantine harmful organisms are represented.
(1) Priority harmful organisms are quarantine harmful organisms which correspond in total to the following criteria:
a) there correspond to one or more conditions, stipulated in Item 2 Chapters I of appendix 1;
b) have potential serious economic, social or ecological impact for the territory of the Republic of Moldova according to Chapter II of appendix 1;
c) they are included in the list provided by part (2).
(2) the Government approves the List of quarantine harmful organisms. If results of assessment of check show that the quarantine harmful organism corresponds to the conditions provided by part (1) or if the quarantine harmful organism does not answer one any more or several of these criteria, the Government makes changes to the specified list.
The criteria and measures provided by part (1) Articles 3, Item and) parts (1) Articles 6, part (6) Articles 29, part (2) Article 30 and part (4) Articles 49, are installed in Chapter I applications 1 and are adjusted in connection with development of scientific and technical knowledge and relevant international standards.
(1) According to the procedure of departure from part provisions (1) Article 5 penetration, movement, content and reproduction of quarantine harmful organisms and harmful organisms concerning which the measures approved according to part (1) Articles 30, under the supervision of competent authority, are applied to official testing, in the scientific or educational purposes, to testing, to high-quality selection or reproduction is allowed. The competent authority shall be notified on it in ten days prior to the beginning of the corresponding types of activity.
(2) the Activities provided by part (1), it is allowed only on condition of introduction of the corresponding restrictions for providing that penetration, movement, storage, reproduction and use of harmful organism did not lead to its acclimatization or distribution in the territory of the country, taking into account its identity, biology and means of distribution of harmful organism, its expected activity, interaction with the environment and other significant factors concerning the risk represented by the corresponding harmful organism.
(3) the Activities provided by part (1), shall correspond in total to the following conditions:
a) the harmful organism contains in the place and in conditions which the competent authority considers proper;
b) the activities connected with harmful organism are performed at the quarantine station or in construction for isolation, appointed competent authority, according to Article 60;
c) the activities concerning harmful organism are performed by qualified personnel;
d) the harmful organism is followed by permission in case of its import, movement, storage or reproduction to the territory of the country.
(4) exceeding of capacity of the quarantine station or construction for isolation, quantities of harmful organisms which can be delivered, moved, contain, breed or be used, and also the corresponding duration of activities is not allowed.
(5) the Competent authority performs monitoring of observance of the conditions provided by part (2).
(1) In case of identification of direct threat of delivery of quarantine harmful organism on the territory of the country where it not yet, the competent authority without delay notifies in writing on it the parties which signed the International convention on protection of plants (further – MKZR) which party is the Republic of Moldova.
(2) part Provisions (1) are applied also to the harmful organism which is not included in the list of quarantine harmful organisms if:
a) the measures taken according to part are applied to this harmful organism (1) Article 30;
b) the competent authority considers that the harmful organism corresponds to conditions for inclusion in the list of quarantine harmful organisms.
(3) Professional operators shall represent to competent authority by means of the immediate notification any proofs of inevitable threat which are available for them concerning quarantine harmful organisms according to part provisions (1) or the quarantine harmful organisms provided in part (2).
(1) the Competent authority without delay takes necessary measures for official confirmation or confutation of presence of harmful organism if it has suspicions or proofs of presence of quarantine harmful organism or harmful organism which is object of the measures taken according to part (1) Articles 30, in the territory of administrative and territorial unit where presence of this harmful organism was not known earlier, including in consignment of the plants, vegetable products or other objects imported, intended for import to the country or movements on the territory of the country.
(2) Official confirmation of presence of quarantine harmful organism is based on results of diagnostics which is carried out by the accredited laboratory appointed by competent authority in accordance with the terms and the requirements provided by the national legal system on official control in the agrofood sector.
(The competent authority accepts 3) Before official confirmation of presence of harmful organism if it is applicable, phytosanitary measures for exception of risk of distribution of this harmful organism.
(4) the Proofs provided by part (1), are based on information obtained according to Articles 14 and 15, or any other source.
(1) the Competent authority notifies the parties which signed MKZR in case of confirmation of any of the following situations:
a) presence in the territory of the Republic of Moldova of quarantine harmful organism which was not known earlier;
b) presence of quarantine harmful organism in the territory of administrative and territorial unit where it did not meet earlier;
c) presence of quarantine harmful organism at consignment of the plants, vegetable products or other objects imported into the country or intended for import or movement to territories of the country.
(2) the Notifications provided by part (1), are transferred by means of electronic system of notifications, stipulated in Article 103.
(1) If one of situations is officially confirmed, stipulated in Article 11, the competent authority shall make sure that professional operators, whose plants, vegetable products or other objects were affected, are without delay informed on presence of quarantine harmful organism.
(The Competent authority develops 2) and updates the list of all received notifications available to the public, about the harmful organisms revealed in other countries which can represent risk for health of plants in the territory of the Republic of Moldova. This list can be included in the electronic system of notifications provided in Article 102.
If one of the situations provided by Items a) and b) parts is officially confirmed (1) Articles 11, of rather priority harmful organism, the competent authority informs the public on measures which it took or intends to accept, and also about any measures which shall be accepted by professional operators or other persons.
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