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AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF TAJIKISTAN AND GOVERNMENT OF THE AZERBAIJAN REPUBLIC

of October 16, 2014

About cooperation in the field of quarantine of plants

The government of the Republic of Tajikistan and the Government of the Azerbaijan Republic which are referred to as further "Party"

recognizing importance of cooperation in prevention of drift and distribution of quarantine harmful organisms,

proceeding from interests of mutual protection of the territories of the countries from drift and distribution of quarantine harmful organisms during the implementing of commercial contracts and development of commercial intercourses between the Parties,

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,

agreed as follows:

Article 1

For the purpose of observance of the national legal system of the Parties the terms used in this Agreement have the following value:

- "harmful organism" - any kind, version or the biotype of plants, animal or pathogenic agents harmful to plants or vegetable products;

- "the quarantine harmful organism" - the harmful organism having potential economic value for the zone subject to danger in which it is absent so far or is present, but restrictedly is widespread and serves as object of official fight;

- "plants" - live plants and their parts, including seeds and genetic material;

- "vegetable products" – not processed material of plant origin (including grain), and also the processed products which by the nature or on method of the conversion can create risk of introduction and distribution of harmful organisms;

- "quarantine material" - any plant, vegetable product, the place of warehousing, packaging, the vehicle, container, the soil and any other organism, object or material capable to serve as the place of the shelter of harmful organisms of pla to promote their distribution concerning which acceptance of phytosanitary measures is necessary especially when case concerns international carriages.

Article 2

For coordination and implementation of provisions of this agreement by authorized bodies of the Parties are:

from the Republic of Tajikistan - Service of the state inspectorate for phytosanitation and quarantine of plants of the Ministry of Agriculture of the Republic of Tajikistan,

from the Azerbaijan Republic Public Service on Phytosanitary Supervision under the Ministry of Agriculture of the Azerbaijan Republic.

Article 3

The parties will exchange mutually approved lists of those quarantine products, materials and objects on which according to the national legal system the international phytosanitary or reexport phytosanitary certificates are issued.

The parties will take all measures necessary for prevention of drift in the territory of the countries of quarantine harmful organisms according to the existing national legal system, and compliance with lists of quarantine harmful organisms (appendices 1 and 2), being integral part of the Agreement.

Authorized bodies of the Parties can change or supplement lists of quarantine harmful organisms in the future.

Authorized bodies of other party will be notified on changes or amendments.

Changes or amendments will become effective at once after receipt of the message on it.

Article 4

The parties shall follow the phytosanitary rules approved by national legal systems on import, export and to transit of the quarantine materials transported from the territory of one country in another.

Article 5

For the purpose of ensuring effective cooperation in the field of quarantine of plants, the Party according to the existing national legal system shall:

- take necessary measures for prevention of penetration of quarantine harmful organisms from the territory of one Party on the territory another when importing, exporting and transit of quarantine materials;

- exchange the rules, provisions regulating actions for quarantine of plants in the territories of the Republic of Tajikistan and the Azerbaijan Republic;

- communicate about emergence and distribution of quarantine harmful and other especially dangerous harmful organisms in the territory of the states of the Parties.

Article 6

Each batch of quarantine products imported from the territory of the state of one Party on the territory of the state of other Party, according to the procedure, provided by the national legal system, shall be followed by the phytosanitary or reexport phytosanitary certificate issued by the national organization for protection of plants of the exporting country. The certificate shall certify that quarantine materials answer the phytosanitary regulations established by the importing Party. Import of plants and vegetable Products is regulated by import quarantine permission of the state - the importer issued according to provisions of the national legal system.

Competent authorities of the Parties reserve the right when importing job lots of the quarantine materials determined by national and international requirements to expose additional terms on phytosanitary condition of such materials (disinfecting, new container, lack of foreign impurity and the soil, washing, hermeticity, etc.).

Transit of quarantine materials is performed according to the national legal system and international treaties members of whom the states of the Parties are.

Article 7

When exporting from the territory of one of the states of the Parties of phytosanitary quarantine products, materials and objects the wood packaging materials which underwent special processing according to the International Standard on Phytosanitary Measures will be applied as packaging material (ISPM 15). Other plant materials (hay, straw, chaff, leaves) which can be carriers of quarantine harmful organisms not will be used as additional packaging material without prior consent of the Parties.

Vehicles which will be used by one Party for transportation under quarantine materials on the territory of the state of other Party shall be carefully cleared and if necessary are disinfected.

Article 8

In case of detection of quarantine harmful organisms in case of phytosanitary control under quarantine material it shall be returned to the exporting country or it is disinfected if results of disinfecting are unsatisfactory, then at the expense of means of the owner the load shall be processed or destroyed after execution of the corresponding documentation.

Products, materials and objects which are not accompanied with the phytosanitary or reexport phytosanitary certificate shall be returned if their return is impossible, proceeding from results of the carried-out quarantine expertizes and laboratory analyses, can be disinfected, processed, transferred to the possession of the state or are destroyed with observance of national and international phytosanitary standards and legislative rules what in each separate case Competent authorities of the Parties according to requirements of the International Standard for Phytosanitary Measures (ISPM 13) shall be informed on.

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