Law of Ukraine
“On Ratification of the Agreement between the Cabinet of Ministers of Ukraine and the Government of the Republic of Turkey on Cooperation in the Sphere of Plant Quarantine and Protection”
Date of entry into force:
November 16, 2012
The Agreement between the Cabinet of Ministers of Ukraine and the Government of the Republic of Turkey on Cooperation in the Sphere of Plant Quarantine and Protection (hereinafter referred to as “Agreement”) was signed on December 22, 2011 in Ankara.
The Law ratifies the Agreement.
Article 1 of the Agreement provides definitions of terms used in it.
According to Article 2 of the Agreement, the competent authorities of the Party States that coordinate the work related to fulfilling the Agreement are:
- for Ukraine – the Ministry of Agrarian Policy and Food;
- for the Republic of Turkey – the Ministry of Food, Agriculture and Livestock.
The Party States shall take the necessary measures to check freights containing regulated items during import, export and transit through checkpoints at the borders of the Party States according to the List of Regulated Harmful Organisms contained in Annexes 1 and 2, which are an integral part of the Agreement. All expenses related to inspection of freights containing regulated items are borne by the freight owner or their representative, according to the tariffs effective on the territories of the Party States (Article 3 of the Agreement).
Article 5 of the Agreement envisages that in order to ensure efficient cooperation in the sphere of plant quarantine and protection, the Party States, according to the current legislation of their countries, shall:
- use the necessary measures to prevent entry of regulated harmful organisms from the territory of one Party State to the other during import, export and transit;
- exchange rules and provisions that regulate plant quarantine and protection on the territories of the Party States;
- exchange information about research in the sphere of plant quarantine and protection;
- exchange specialists by sending them on business trips for selective phytosanitary inspection of freights with regulated items in places of their manufacture, growing, processing and shipping, for quick resolution of plant quarantine and protection issues in check points, and for research of scientific and practical experience in the sphere of plant quarantine and protection;
- provide mutual scientific, technical and other help in plant quarantine measures related to discovery, localization and liquidation of harmful organisms, decontamination, etc.;
- exchange notifications of non-conformance of phytosanitary measures and appropriate documents confirming the fact of such non-conformance.
Regulated items exported from the territory of one Party State to the other, or transited through the territory of one Party State to the other, or originating from third countries and repackaged, reloaded or divided on the territory of one of the Party States, must be accompanied with a phytosanitary certificate (original copy) or a phytosanitary re-export certificate, according to the phytosanitary requirements of the importing Party State. Presence of a phytosanitary certificate does not deprive the competent authorities of the Party States of the right to carry out phytosanitary control of imported regulated items according to their legislation. In case harmful organisms subject to quarantine are discovered during phytosanitary control, the competent authorities of the importing Party State are entitled to decontaminate the batch, destroy it or return it to the exporter, while notifying the competent authorities of the other Party State about the applied phytosanitary measures and reasons for them (Article 6 of the Agreement).
According to Article 7 of the Agreement, when exported from the territory of one Party State to the other, regulated items must be packaged in new packaging (except wooden packaging materials) free of harmful organisms subject to quarantine. Packaging and packaging materials must be free of traces of ground. Hay, straw, glume, leaves and other plant material must not be used as packaging. Vehicles used to transport regulated items must be thoroughly cleaned, and decontaminated if necessary.
To resolve practical issued related to the implementation of the Agreement provisions, the competent authorities of the Party States organize joint meetings, as necessary, held alternately on the territory of each Party State. Organizational expenses related to such meetings are borne by the competent authority of the receiving Party State. The procedure for payment of delegation expenses is agreed between the competent authorities of the Agreement Parties in advance (Article 8 of the Agreement).
According to Article 9 of the Agreement, its provisions apply to all regulated items, including those received as gifts, for research purposes, or intended for diplomatic, consular and other representative offices.
The Law aims to implement state policy related to further mutually beneficial cooperation between Ukraine and Turkey in the sphere of plant quarantine.