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LAW OF UKRAINE

of June 30, 1993 No. 3348-XII

About quarantine of plants

(as amended on 14-01-2020)

This Law determines legal, organizational and financial and economic basis of quarantine of plants, powers of public authorities, their officials, the rights and obligations of legal entities and physical persons directed to the prevention of entering and distribution of the regulated harmful organisms which are absent in the territory of Ukraine and constitutes part of the legislation of Ukraine on protection of life and health of plants.

Section I. General provisions

Article 1. Determination of terms

In this Law the terms below are used in the following value:

risk analysis - process of assessment of biological, ecological and economic data with the purpose of determination of need of control of regulated harmful organisms and necessary phytosanitary measures;

the antagonist - organism (usually pathogen) which does not do considerable harm to plant and can be used for implementation of biological control;

arbitral sample - the part of average test which is selected from subject to regulation which according to the characteristics is equivalent to sample and is intended for conducting repeated phytosanitary (arbitral) examination (analyses);

biological control is method of control of regulated harmful organisms with use of biological control organisms or their natural enemies, antagonists, competitors who replicate;

biological control organism - the natural enemy, the antagonist, the competitor or other microscopic biotic unit which is reproduced itself and is used for fight against regulated harmful organisms;

load - certain quantity of subjects to regulation (or objects to which the legal regime of subjects to regulation extends) which are transported from one country in another or within Ukraine and to which the single international phytosanitary or quarantine certificate extends (the load can consist of one or more batches);

determination of phytosanitary danger - process of determination of quantity of regulated harmful organisms which can be potentially brought on the territory of Ukraine by import of subjects to regulation;

dredging - the pointed sample taken at one time from one batch or its certain part;

visual check - physical control of subjects to regulation naked eye by means of magnifying glass, binokulyar or microscope for the purpose of identification of harmful organisms without conducting phytosanitary examination (analyses);

the state phytosanitary laboratory - phytosanitary laboratory which belongs to the sphere of management of the central executive body realizing state policy in the field of quarantine of plants;

the state supervision - activities of the central executive body, realizing state policy in the field of quarantine of plants, performed periodically, for the purpose of ensuring compliance with phytosanitary measures by persons in production process, storages, transportations, realization, including export, import of the subjects to regulation established by the legislation;

the additional declaration - the statement accompanying the international phytosanitary certificate upon the demand of the importing country in which the additional information about phytosanitary condition of subjects to regulation is specified;

economic threshold of injuriousness - the expense level on implementation of phytosanitary measures;

the interested partners are members of the international organizations, subjects of agreements which party is Ukraine, regulating implementation of phytosanitary measures;

entering - the penetration of regulated harmful organism leading to its rooting;

infection - presence at subject to regulation of the live regulated harmful organism posing threat for plants;

zone - officially certain country, the territory of the country or the territory of several countries;

the zone, free from regulated harmful organism - zone in which lack of regulated harmful organism and this condition is scientifically confirmed is officially supported during the certain period;

zone with insignificant quantity of regulated harmful organisms - the zone determined by the central executive body realizing state policy in the field of quarantine of plants in which the regulated harmful organism is available in the quantity exceeding economic threshold of injuriousness and is subject to supervision, control and/or destruction;

disinfecting - processing methods (physical, chemical or biological), including fumigation, directed to liquidation of harmful organisms;

sample - the part of average test which is selected from subject to regulation and intended for conducting phytosanitary examination (analyses);

sample document - the harmful organisms or the infected subjects to regulation which are selected during inspection or phytosanitary examination (analyses), certifying phytosanitary condition of subject to regulation;

inspection - visual check of subjects to regulation for determination of availability of regulated harmful organisms and/or compliance to phytosanitary actions;

quarantine - content of subjects to regulation in certain places for carrying out their monitoring or further inspection, phytosanitary examination (analyses) and/or processing;

determination quarantine permission (for import or transit) is excluded;

quarantine zone - the territory in which the quarantine regime in connection with identification of quarantine organism is introduced;

quarantine regulation - supervision of the imported load upon completion of customs clearance and/or exported from quarantine zone to the destination;

quarantine organism - type of harmful organism which in case of entering or limited distribution in the territory of Ukraine can do considerable harm to plants and vegetable products;

quarantine of plants - system of the measures directed to the prevention of entering and/or distribution of regulated harmful organisms or ensuring control (localization) behind them;

the quarantine mode - the particular legal regime providing system of the phytosanitary measures performed in quarantine zone for the purpose of localization and liquidation of quarantine organisms;

the quarantine certificate - the document which is issued by bodies the central executive body realizing state policy in the field of quarantine of plants and certifies phytosanitary condition of the subjects to regulation which are exported and/or imported into quarantine zone, transported on the territory of Ukraine;

laboratory - the company, organization, the organization or their structural division having intention to perform activities for check of subjects to regulation in vitro regarding availability or lack of regulated harmful organisms or their identification;

liquidation - destruction of regulated harmful organisms according to requirements of phytosanitary measures;

localization - implementation of phytosanitary measures for the purpose of the prevention of distribution of regulated harmful organism;

monitoring - official long process for check of phytosanitary condition or the status of harmful organisms;

supervision - process of collection and data recording about availability or lack of regulated harmful organism in certain zone by means of inspection, monitoring or other procedures;

force majeure - circumstances under which it is confirmed or presence of quarantine organism at country of source or is suspected in transit that can serve as the reason of irreparable harm for health of plants, sensitive to this organism, on all territory of Ukraine or regarding Ukraine when importing subjects to regulation, sensitive to this organism, which can transfer quarantine organism;

proper level of phytosanitary protection - the protection level determined for implementation of phytosanitary measures;

seeds - the seed material which is not intended for consumption and conversion;

notification about discrepancy to phytosanitary measures - informing the interested partners on serious cases of discrepancy to phytosanitary measures of the importing country;

the joint test - set of all dredging taken from one batch or its certain part;

object - the place of cultivation, production, storage and conversion of plants and vegetable products;

subjects to regulation - any plant, product of plant origin, the storage location, packaging, means of transportation, containers, soil and any other organisms, objects or materials capable to transfer or extend regulated harmful organisms are determined separately for the purposes of import, export and re-export, and also for the purposes of control of movement by the territory of Ukraine;

survey - visual check of subjects to regulation in case of which sampling and/or arbitral samples is performed;

person - legal entity and/or physical person;

processing - official procedure for destruction, inactivation or removal of harmful organisms, or for their sterilization or neutralization;

inspection - the official event held during certain limited period of time for the purpose of determination of characteristics of population of harmful organism or determination of specific structure of the harmful organisms which are present at this zone;

assessment of phytosanitary risks - assessment of reliability, biological, ecological and/or economic effects of entering or distribution of regulated harmful organisms;

the batch - any quantity of subjects to regulation (goods) which is characterized by uniformity of structure, origin and is part of load;

the message on risk - exchange of information about risk of emergence, distribution of regulated harmful organism;

repeated phytosanitary (arbitral) examination (analyses) - the phytosanitary expertize (analyses) which is carried out upon the demand of person appealing results of the previous phytosanitary examination (analyses);

check - any actions for determination of phytosanitary condition of subjects to regulation;

Item of quarantine of plants - specially equipped place in which the phytosanitary condition of subject to regulation is determined;

regulated zone - zone where phytosanitary measures for the purpose of the prevention of entering and/or distribution of quarantine organisms when importing or exporting subject to regulation are performed;

regulated not quarantine harmful organism - not quarantine harmful organism which availability in seed and landing material makes economically unacceptable impact on the expected use of these plants and therefore is subject to regulation;

regulated harmful organism - quarantine organism or regulated not quarantine harmful organism;

risk - possibility of availability and reliable scale of effects of unfavorable event during the certain period;

plants - plants and their parts, including seeds of part of live plants, fruit, vegetables, tubers, corms, bulbs, rhizomes, cut flowers, branches with escapes and leaves, the cut-off trees, cultures of vegetable fabrics, except to what the method of freezing or heat treatment is applied;

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