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The agreement between the Government of the Kyrgyz Republic and the Cabinet of Ministers of Ukraine on cooperation in the field of quarantine of plants

of March 28, 2003

The government of the Kyrgyz Republic and the Cabinet of Ministers of Ukraine, further - "Parties";

recognizing importance of cooperation in prevention of delivery and distribution of quarantine organisms;

being guided by desire to continue and expand cooperation in the field of quarantine of plants and to provide coordination of the governmental quarantine activities;

proceeding from interests of mutual protection of the territory of the Kyrgyz Republic and Ukraine from penetration and distribution of quarantine organisms during the implementing of contracts and development of economic and commercial intercourses between the states of the Parties;

agreed as follows:

Article 1

In this agreement the provided terms have the following values:

- "quarantine organisms" - wreckers, causative agents of diseases of plants and weeds which are absent or restrictedly are widespread in the territories of the states of the Parties, but can do considerable harm to plants or vegetable products;

- "quarantine materials" - any materials which promote distribution or by means of which quarantine organisms can extend (seeds, landing material, plants and their parts, other products of plant origin).

Article 2

Competent authorities of the Parties performing coordination of sales activity of this agreement are:

from the Kyrgyz Republic - the State inspectorate for quarantine of plants;

from Ukraine - the Main state inspectorate for quarantine of plants.

Article 3

The parties will hold necessary events for check of quarantine materials when importing, exporting and transit through check points on borders of the states of the Parties according to the list of quarantine organisms, according to appendices 1 and 2, which are integral part of this Agreement.

Expenses on check of quarantine materials are incurred by the owner of load according to the rates accepted in the territories of the states of the Parties.

Article 4

Shall observe the parties, the approved according to current legislations of the states of both Parties, phytosanitary rules on import, export and transit of the quarantine materials directed from the state of one Party to the state of other Party.

Article 5

For the purpose of effective cooperation in the field of quarantine of plants of the Party according to the legislation of the states shall:

- take all necessary measures for prevention of penetration of quarantine organisms from the territory of the state of one Party on the territory of the state of other Party when importing, exporting and transit;

- exchange rules, provisions which regulate actions for quarantine of plants in the territory of the Kyrgyz Republic and Ukraine;

- communicate about emergence and distribution of quarantine organisms in the territories of the states of the Parties;

- communicate about research works in the field of quarantine of plants;

- exchange specialists by their sending for the purpose of implementation of selective quarantine check of quarantine materials in production sites and procurements, the operational solution of questions on quarantine of plants on check points, and also for the purpose of studying of achievement of science and practice in the field of quarantine of plants;

- give mutual scientific, technical and other aid in holding actions for quarantine of plants, identification, localization and liquidation of the centers of quarantine harmful organisms, quarantine disinfecting;

- komandirovyvat at the request of one of the Parties of expedition, constituted from specialists in quarantine of plants, in emergency situations for urgent acceptance of joint emergency measures.

Article 6

The parties shall accept according to the legislation of the states all measures for prevention of penetration in the territory of the Kyrgyz Republic and Ukraine with the exported or transit quarantine material of quarantine organisms.

Each batch of quarantine material imported from the territory of the state of one Party on the territory of the state of other Party shall be followed by the phytosanitary certificate issued by service on quarantine of plants of the exporting country. The certificate shall certify that quarantine material answers the phytosanitary regulations shown by the importing country in the quarantine import permit.

Expenses on issue of the phytosanitary certificate and quarantine import permit are born by the owner of load on the rates accepted in the states of the Parties.

Competent authorities of the Parties reserve the right when purchasing job lots of quarantine material to expose additional terms on phytosanitary condition of such materials (disinfecting, new container, lack of foreign impurity, soils, lack of bark, washing, hermeticity, etc.). In these cases preliminary control when exporting quarantine materials can be exercised in the territory of the exporting country by common efforts of quarantine inspectors of the states of both Parties.

Each batch of quarantine material which is conveyed as transit goods through the territory of the state of one Party on the territory of the state of other Party shall be followed by the phytosanitary certificate.

Article 7

The parties according to the national legal system of their states determine in the territories of the states check points through which export, import, transit of quarantine materials for the purpose of their check and prevention of penetration of quarantine organisms is performed.

Article 8

When exporting quarantine material shaving, sawdust, paper, plastic and other materials which cannot be carriers of quarantine organisms will be applied as packaging material and shall be free from the soil, and hay, straw, chaff, leaves and other plant materials will not be used for this purpose without prior consent Competent authorities of the Parties.

The vehicles used by one Party for transportation of quarantine material on the territory of the state of other Party shall be carefully cleared, and, if necessary, are disinfected.

Article 9

Competent authorities of the Parties have the right to return to the exporter or disinfectings of quarantine material at the expense of its owner in case of detection of quarantine organisms in case of phytosanitary control at the check point of the importing country, and in case of impossibility of return or disinfecting of material - to destruction in coordination with its owner and customs authorities what they shall inform previously in each separate case Competent authorities of the Parties on.

Article 10

For the solution of the practical questions connected with accomplishment of this agreement, Competent authorities of the Parties as necessary will organize joint meetings which are held serially in the Kyrgyz Republic and Ukraine.

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