LAW OF THE REPUBLIC OF TAJIKISTAN

of December 26, 2011 No. 787

About modification and amendments in the Law of the Republic of Tajikistan "About quarantine of plants"

Article 1. Bring in the Law of the Republic of Tajikistan of March 26, 2009 "About quarantine of plants" (Akhbori of Majlisi Oli of the Republic of Tajikistan, 2009, No. 3, the Art. 91) the following changes and amendments:

1. To add article 5 after the paragraph of the fourth with the new paragraph of the following content:

"-ensuring transparency in the course of development, acceptances and applications of quarantine phytosanitary measures;".

2. Add the law with Articles 5 (1), 9(1), 9(2), 10(1) and 18 (1) the following content:

"Article 5 (1). State phytosanitary and quarantine control

Procedures of the state phytosanitary and quarantine control shall be performed:

- without unreasonable delay and discrimination against the imported quarantine materials which are subject to phytosanitary control;

- only based on the facts and information which are necessary for carrying out control procedure;

- when informing the applicant on deadlines and results of control procedure, and also on possible shortcomings of the request;

- so that to provide protection of confidential information;

- by sampling only in the quantity necessary for implementation of control procedures and certification.

Article 9 (1). Development and acceptance of quarantine phytosanitary measures

Quarantine phytosanitary measures are developed and accepted in the following cases:

- only in the limits necessary for protection of the territory of the Republic of Tajikistan from introduction and distribution of quarantine harmful organisms, and also protection of life and human health;

- taking into account base and the available scientific data, international standards, instructions and recommendations;

- based on assessment of the threat which is performed according to methodology of the international organizations;

- in order to avoid any or unreasonable discrimination between the territory of the Republic of Tajikistan and the territories of other countries, and also between the territories with identical or similar phytosanitary conditions;

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