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AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF BELARUS AND CABINET OF MINISTERS OF UKRAINE

of October 7, 2013

About cooperation in the field of quarantine and protection of plants

The government of the Republic of Belarus and the Cabinet of Ministers of Ukraine which further are referred to as with Contracting Parties

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

being guided by desire in the future to continue and expand cooperation in the field of quarantine and protection of plants and to provide coordination of the state phytosanitary measures,

being guided by International standards on phytosanitary measures (MSFM), the International convention on quarantine and protection of plants (MKKZR) against December 6, 1951 in edition of 1997,

considering interests of mutual protection of the territory of the states of Contracting Parties from penetration and distribution of quarantine harmful organisms and development of economic and commercial intercourses between Contracting Parties,

agreed as follows:

Article 1

The terms used in this agreement are provided in such value:

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;

phytosanitary control – the activities of the national authorities of the states of Contracting Parties given authority in the field of quarantine of plants directed to identification of quarantine harmful organisms (quarantine objects), establishment of quarantine phytosanitary condition of plants, vegetable products, vehicles and accomplishment of the international obligations of the states of Contracting Parties and the legislation of the state in the field of quarantine and protection of plants;

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

the quarantine harmful organism (quarantine object) – 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;

regulated not quarantine harmful organism – not quarantine harmful organism which presence at sowing and landing material makes economically unacceptable impact on intended use of these plants and thereof, it is regulated in the territory of the importing Contracting Party;

quarantinable material / products (subject to regulation) – any plant, vegetable product, the place of warehousing, packaging, the vehicle or material, the soil and any other organism, object or material capable to serve as the place of the shelter of harmful organisms or to promote their distribution concerning which acceptance of phytosanitary measures is necessary especially when case concerns international carriages.

Article 2

The competent authorities of Contracting Parties performing coordination of sales activity of this agreement are:

from the Belarusian Side – the Main state inspectorate for seed farming, quarantine and protection of plants;

from the Ukrainian Side – the Public veterinary and phytosanitary service.

Article 3

Contracting parties will take necessary measures for check of loads with quarantine products during the importing and transit through check points on border of the states of Contracting Parties, according to Lists of quarantine harmful organisms (quarantine objects) and regulated not quarantine harmful organisms according to the national legal system of Contracting Parties which competent authorities of Contracting Parties exchange through diplomatic channels after agreement signature in a month.

All costs connected with phytosanitary control of loads with quarantine products are born by the owner of load or the owner's representative according to applicable fares in the territories of the states of Contracting Parties.

Article 4

Competent authorities of Contracting Parties shall perform inspection of quarantine products in the course of its production, conversion, transportation, and also storage for the purpose of determination of presence or lack of quarantine harmful organisms and regulated not quarantine harmful organisms which do harm to plants and vegetable products.

Contracting parties shall observe the phytosanitary rules approved according to the current legislation of the states when importing, exporting and transit of quarantine products which are transported from the territory of the state of one Contracting Party on the territory of the state of other Contracting Party.

Article 5

For the purpose of ensuring effective cooperation in the field of quarantine and protection of plants Contracting Parties according to the legislation of the states shall:

take necessary measures for prevention of penetration of quarantine harmful organisms and regulated not quarantine harmful organisms from the territory of the state of one Contracting Party on the territory of the state of other Contracting Party when importing, exporting and transit;

exchange rules, provisions which regulate in the territories of the states of Contracting Parties of measure for quarantine and protection of plants;

communicate about emergence and distribution of quarantine harmful organisms and regulated not quarantine harmful organisms in the territories of the states of Contracting Parties;

communicate about research works in the field of quarantine and protection of plants;

exchange according to the preliminary arrangement specialists by their sending for the purpose of conducting selective phytosanitary check of loads with quarantine products in production sites, cultivation, procurement and shipment, the operational solution of questions on quarantine and protection of plants at check points, and also for studying of scientific and practical achievements in the field of quarantine and protection of plants;

give mutual scientific, technical and other aid in holding actions for quarantine of the plants connected with identification of quarantine harmful organisms, their localization and liquidation;

exchange notifikatsionny messages on discrepancy of phytosanitary measures and the relevant documents which confirm the discrepancy facts.

Article 6

1. The quarantine products which are exported from the territory of the state of one Contracting Party on the territory of the state of other Contracting Party or conveyed as transit goods on the territory of the state of one Contracting Party on the territory of the state of other Contracting Party or the quarantine products of origin from the third countries which underwent in the territory of the state of one of Contracting Parties to repacking, overload or separation into parts shall be followed by the phytosanitary certificate (original) or the reexport phytosanitary certificate and import permission if it is provided by the national legal system, according to phytosanitary requirements of the state of the importing Contracting Party.

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