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LAW OF THE REPUBLIC OF MOLDOVA

of September 23, 2010 No. 228

About protection of plants and phytosanitary quarantine

(as amended on 27-07-2018)

This law is harmonized with Articles 1, of 2, of 3, of 4, of 5, of 6, of 10, of 11, of 12, 13a, 13e, 14, 16, 20 and 22 Directives of Council 2000/29/EU of May 8, 2000 about protective measures against penetration into Community of the organisms harmful to plants or vegetable products, and against their distribution in Community, published in the Official magazine of the European Union by L 169 of July 10, 2000, the Directive 98/22/EC of the Commission of April 15, 1998 about establishment of the minimum conditions of conducting phytosanitary checks in Community in the Items of control other than destination, concerning plants, vegetable products and other objects coming from the third countries, published in the Official magazine of the European Communities L 126 of April 28, 1998, the Directive 2004/103/EC of the Commission of October 7, 2004 about check of authenticity and phytosanitary check of plants, vegetable products and other objects, specified in part In appendices V to the Directive 2000/29/EC of Council which can be performed in any other place other than Item of import of products to the territory of Community, or in the adjacent territory, and also about establishment of the conditions regulating these control measures, published in the Official magazine of the European Union by L 313 of October 12, 2004, the Directive 93/50/EES of the Commission of June 24, 1993 about establishment of some plants which are not specified in part A of appendix V to the Directive 77/93/EES of Council which producers either warehouses or the centers for sending from zones of which production shall be entered in the official register, and Regulations (EU) No. 1756/2004 of the Commission of October 11, 2004 about establishment of special conditions in the relations of the requested means and criteria of reducing time of carrying out phytosanitary control of the plants, vegetable products or other objects specified in part In appendices V to the Directive 2000/29/EC of Council published in the Official magazine of the European Union by L 313 of October 12, 2004.

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Purpose and subject of regulation of this law

(1) the Purpose of this law is strengthening of legal and institutional basis, creation of proper economical and legal conditions of the organization and implementation of protection of the plants and phytosanitary quarantine providing:

a) prevention of mass distribution of harmful organisms, prevention of losses of productivity and receipt of high-quality agricultural products, in particular ecological;

b) protection of the territory of the country against penetration, distribution and/or drift from other countries of harmful organisms.

(2) the Subject of regulation of this law are:

a) organization and implementation of protection of plants and phytosanitary quarantine for the territories of the Republic of Moldova;

b) measures and actions for protection against emergence or penetration on the territory of the Republic of Moldova from other countries, including through the accompanying objects falling under the quarantine phytosanitary mode, harmful organisms;

c) the relations with bodies of the central and local public authority, with being residents or nonresidents the physical persons and legal entities irrespective of type of property and form of business involved in production, warehousing, transportation, import, export, re-export, transit and realization of plants, live parts of plants, seeds and vegetable products, the accompanying objects falling under the quarantine phytosanitary mode, and also the relations arising in the course of control of these types of activity.

(3) This law is applied to wood and wood products, except as specified, when there are other special instructions. Wood packaging shall have special marking according to the international standard on phytosanitary measures No. 15 "Management on regulation of wood packaging materials in international trade", the approved Government.

(4) In the part which is not settled by this law, the procedure for request, issue, suspension and withdrawal of the allowing documents provided by this law for business entities is determined by the Law on regulation of business activity by permission No. 160/2011.

Article 2. Basic concepts

For the purposes of this law the basic concepts in the following value are used:

the analysis of phytosanitary risk - process of assessment of biological or other scientific and economic data and determination of harm of organism, irrespective of need of that regulation, and severity of phytosanitary measures against it;

the accompanying objects falling under the quarantine phytosanitary mode - any places of warehousing, vehicles, agricultural stock, manufactured goods, container, packaging materials or any other material capable to be sources of penetration and distribution of quarantine organisms;

phytosanitary certification - application of phytosanitary procedures (examination, laboratory analyses, the inspection or processing) leading to issue of the phytosanitary certificate;

the phytosanitary certificate - the official document certifying phytosanitary condition of batch, falling under action of phytosanitary regulations, prepared and issued in the procedure established by this law;

phytosanitary control - official control of plants, vegetable products, the accompanying objects falling under the quarantine phytosanitary mode with active application of obligatory phytosanitary processes (supervision, monitoring, examination), regulations (measure, regulation) and procedures (method, acceptance) for the purpose of liquidation or localization of quarantine organisms or for management of regulated not quarantine harmful organisms;

the additional declaration - the statement required by the importing country for inclusion in the phytosanitary certificate, giving the additional information about load condition concerning regulated harmful organisms;

area of phytosanitary quarantine - the special field of activity including complex of the obligatory measures directed to prevention of penetration and/or distribution of quarantine organisms, their localization, suppression and liquidation for the purpose of protection of plants and vegetable products and also on official isolation of regulated organisms for observations, researches or for the subsequent control, the analysis and/or processing;

the field of protection of plants - the field of activity covering implementation of complex of actions for protection of agricultural and forest cultures, soils, seed and landing material, and also inventory products from harmful organisms, phytosanitary monitoring and the forecast, supervision and control;

laboratory examination – complex of the methods and measures for research performed by the authorized inspector or, on circumstances, accredited laboratory for the purpose of identification of quarantine and not quarantine organisms;

the center - recently revealed population of harmful organism, including primary center or sharp significant increase in number of population of the acclimatized harmful organism in zone;

examination - official visual and physical inspection, with the subsequent testing and the analysis, plants, vegetable products and the accompanying objects falling under the quarantine phytosanitary mode for identification of presence of harmful organisms, remaining balance of pesticides and for check of observance of phytosanitary regulations;

load – goods quantity, included in the single document required for customs or other formalities such as phytosanitary certificate or alternative document or brand (the load can consist of one or several batches);

wood and wood products - products in which wood fully or partially keeps natural roundish surface, with bark either without bark, or in the form of spill, shavings, sawdust, wood waste, and also products in the form of fixture, partitions, pallets or packaging material used when transporting various objects in case they represent phytosanitary risk;

batch – the set of units of the same goods identified on uniformity of its structure and origin, making specific load;

phytosanitary measure - the official prompt action, activities and/or method of protection of plants and vegetable products directed to prevention of penetration and/or distribution of quarantine organisms or to restriction of economic damage from regulated not quarantine organisms and to fight against harmful organisms including disinsection and disinfection;

remedies of plants - means of phytosanitary appointment, technical means used to protection of plants;

phytosanitary monitoring - official long verification process of level of distribution of harmful organisms, and also their natural antagonists, intensity of their development and injuriousness;

phytosanitary regulations - set of the normative and technical and practical regulations directed to prevention of penetration and/or distribution of quarantine organisms, restriction of economic damage from regulated not quarantine organisms, including establishment of the procedures of phytosanitary certification applied in the course of phytosanitary control in case of production, warehousing, transportation, realization and use of plants, live parts of plants, seeds and vegetable products, the accompanying objects falling under the quarantine phytosanitary mode;

the operator - producers, collective warehouses, the centers of shipment, importers and exporters of the plants, vegetable products or other accompanying objects falling under the quarantine phytosanitary mode, producers of seeds and landing material, users of means of phytosanitary appointment and the means increasing fertility of the soil;

quarantine organism - the wrecker, infecting agent of plants and vegetable products or the weed which is absent or restrictedly extended to territories of the country and constituting danger to national economy which is absent in the threatened zone or is present at it, but it is limited it is widespread and serves as subject of the prevention and official fight;

harmful organism - any kind, version or biotype of plants, animal or pathogenic agents, including viruses, mycoplasmas or other pathogens, the harmful to plants or vegetable products and causing economic damage;

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