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Law of the republic of azerbaijan on phytosanitary control


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LAW OF THE REPUBLIC OF AZERBAIJAN

ON PHYTOSANITARY CONTROL

This Law determines the legal basis for organizing and exercising the phytosanitary control in the territory of the Republic of Azerbaijan and regulates relations between subjects acting in the field of plant protection and plant quarantine.

Chapter I


General Provisions
Article 1. Key Definitions


  1. Key definitions used in this Law shall have the following meanings:




      1. phytosanitary control – exercising of the state control in the field of plant protection and quarantine, use of pesticides, biological substances and other plant protection means;




      1. plant quarantine – legal regime providing for measures directed to preventing the entry into the territory of the country and spread of pests, to which quarantine is applied, in plants and plant products;




      1. plant protection – implementation of complex measures with a view to protecting plant and plant products against pests;




      1. plant –live plants and parts thereof, including seeds and germplasm;




      1. plant products –, unmanufactured material of plant origin, including grain, and those manufactured products of plant origin, that, by their nature or method of their processing, may create a risk of the introduction and spread of pests;




      1. pest - any species, strain or biotype of plant, animal or pathogenic agent injurious to plants or plant products (plant diseases, parasites and weeds);




      1. pest subject to quarantine - a pest of potential economic importance to the area endangered and not yet present there or present but not widely distributed and being officially controlled;




      1. material under quarantine control - any plant, plant product, their storage place, packaging material, means of conveyance, soil and any other organism, object or goods, creating conditions for introduction and spread of pests, and requiring application of phytosanitary measures (in particular, during international cargo transportations);




      1. plant protection means – pesticides, biological substances, live useful organisms and technical means used for the purpose of protection of plant and plant products against pests;




      1. pesticides – poisonous chemical substances used for the purpose of pest control.




      1. agrochemical substances – organic, mineral and bacterial fertilizer, chemical ameliorants, plant growth stimulators and other substances used for increment of soil fertility, increase of plant productivity and improvement of products quality.



      1. phytosanitary certificate – an official document related to phytosanotary state of plant and plant products prepared and patterned after the model certificates of the International Plant Protection Convention (IPPC);

Article 2. Legislation of the Republic of Azerbaijan on Phytosanitary

Control


    1. The legislation of the Republic of Azerbaijan on phytosanitary control consists of the Constitution of the Republic of Azerbaijan, this law, other laws of the Republic of Azrebaijan and normative-legal acts adopted pursuant to them, as well as international agreements, to which the Republic of Azerbaijan is a Contracting party.




    1. In the case the phytosanitary control regulations established by the international agreements, to which the Republic of Azerbaijan is a Contracting party, differ from the rules provided for by this law, the rules of the international agreements shall apply.

Article 3. Scope of Phytosanitary Control




    1. The scope of phytosanitary control shall include the following:




      1. observance of the requirements of phytosanitary control legislation by legal entities and natural persons;




      1. organization and implementation of phytosanitary measures with the object of preventing the entry from other countries into and spread within the territory of the Republic of Azerbaijan of pests subject to quarantine;




      1. observance of the phytosanitary regulations and norms during production, procurement, sale, storage and transportation of plant and plant products;




      1. exercising control over safety of quarantine objects being under the phytosanitary control, conducting of surveillance of reasons and conditions of infestation and spread thereof; and determination and implementation of mandatory phytosanitary measures for their prevention and liquidation;




      1. distribution, storage, transportation and use of pesticides, including reserves thereof purchased at the expense of the state budget;




      1. activity of legal entities and natural persons dealing with production, import, export, storage, sale and application of pesticides, biological substances and other plant protection means;




      1. other issues provided for in the legislation.

Article 4. Quarantine Objects under Phytosanitary Control




    1. Quarantine objects under phytosanitary control are the following:




      1. all types of plants, plant products, the list of which is set out by the relevant executive authority in the order provided for by the legislation;




      1. collection of live fungi, bacteria, viruses, nematodes, ticks, insects and plant pathogens, samples of plants damaged by them, as well as plant herbaria and collections;




      1. agricultural machines and tools, transportation means, containers, all types of tares and packaging materials, industrial consumer goods and products made from plant and plant materials, peat, compost, other organic fertilizers, soil and soil monoliths and samples, that may be carriers of pests;




      1. places of production, processing, procurement, storage, and sale of plant and plant growing products, agricultural lands and woodlands, courtyards and gardens, non-agricultural lands.

Article 5. Key Principles of Phytosanitary Control




    1. Phytosanitary control in the Republic of Azerbaijan is organized in accordance with international standards, regulations and recommendations in the field of plant protection and quarantine and based on the following principles;




      1. coordination;

phytosanitary measures directed to protection of plant and plant products against quarantine pests, shall be prepared and applied within the framework of international collaboration and based on uniform principles.


      1. equivalence;

foreign states shall be provided with reliable information on phytosanitary situation existing in the country during international trade in plant and plant products; and equality of legal force of phytosanitary measures carried out within such countries shall be accepted.


      1. transparency

the international organizations shall be informed on normative-legal acts in the filed of phytosanitary control enacted in the Republic of Azerbaijan, as well as changes and amendments made thereto; and exchange of data related to implemented phytosanitary measures shall be carried out.


      1. risk assessment

phytosanitary measures implemented within the Republic of Azerbaijan shall be scientifically justified; techniques of risk assessment, methods of production, processing, control, expert examination and testing elaborated by relevant international organizations shall be taken into account; risk of entry into the country territory and spread of quarantine pests and their going out the state border shall be reduced to a minimum; safety of human beings, environment and economy of an area shall be provided.


      1. determination of the level of phytosanitary protection;

For the purpose of ensuring the protection of plant and plant products against pests, a conception of the phytosanitary protection level shall be defined, shall be applied in a regular, stabile and sequential order, regulations for its application shall be brought into compliance with international standards, unsubstantiated or unjustified restrictions and distinctions shall not be permitted.


      1. adaptation to the regional conditions;

when evaluating the phytosanitary conditions and characteristics of a region, geographical position of countries of importation and exportation of plant and plant products, ecosystems, epidemiological control factors, as well as efficiency of the phytosanitary measures, existence of plant diseases and pests that are typical to the area, the level of spread, destruction and control programs shall be taken into account, conceptions determining the phytosanitary protection level shall be recognized.


    1. Other principles of the phytosanitary control shall be established by the legislation of the Republic of Azerbaijan and the terms of the international agreements, to which Azerbaijan is a Contracting party, in the field of plant protection and plant quarantine.

Chapter II


Organization of Phytosanitary Control
Article 6. Directions of Organization of Phytosanitary Control
6.1. The phytosanitary control aimed at protection of quarantine objects, being under the phytosanitary control in the territory of the Republic of Azerbaijan, shall be organized in the following directions:


      1. conducting periodical surveillance of materials being under the quarantine control, carrying out phytosanitary expertise and taking preventing measures for the purpose of protecting the territory of the country against pests, to which quarantine is applied, and detecting the pestholes in time;




      1. implementation of plant protection measures aimed at prevention of mass spread of pests in plant and plant products, liquidation of diseases, avoidance of loss in harvest, protection of human health and the environment, as well as flora and fauna against harmful effect of pesticides and other poisonous chemical substances;




      1. when the pests under quarantine are detected in quarantine objects being under the phytosanitary control, application of quarantine regime in a relevant area, providing the population and legal entities with the information connected therewith, as well as determination of quarantine restrictions and implementation of phytosanitary measures for the purpose of pest control;




    1. taking preventive measures aimed at protection of quarantine objects being under the phytosanitary control in the territory of the Republic of Azerbaijan, implementation of plant protection measures and procedures for application of plant quarantine shall be established by the relevant executive authority.

Article 7. State Responsibilities in the Field of Phytosanitary Control


7.0. The state responsibilities in the field of phytosanitary control shall be the following:

      1. to establish the key directions of the state policy in the field of phytosanitary control and to adopt normative-legal acts;




      1. to develop and approve the technological regulations and programs on plant protection having regional and republic importance;




      1. to establish the state phytosanitary control service and approve its regulations and structure;




      1. to carry out the international cooperation in the field of phytosanitary control;




      1. to resolve the issues relating to funding of the state phytosanitary control service, improvement of administrative and material and technical support and making investments in this field;




      1. to approve the list of pests under quarantine, not found in the Republic of Azerbaijan, having low prevalence and being of potential danger for the country;




      1. formation of the state phytosanitary control service based on the requirements and recommendations of the international organizations, taking necessary measures in order to bring the normative documents used in this field in compliance with the international norms;




      1. to coordinate the activity of the state phytosanitary control service with other government agencies;




      1. to exercise the state control over the activity of non-governmental phytosanitary service.

Article 8. The State Phytosanitary Control Service


8.1. The state phytosanitary control service shall be the relevant executive authority exercising the state control in the field of plant protection and quarantine, use of pesticides, biological agents and other plant protection means.
8.2. The state phytosanitary control service consists of the relevant executive authorities of the Republic of Azerbaijan and Nakhchivan Autonomous Republic carrying out their activity in the field of phytosanitary control and their subordinated organizations.


    1. The authorized officials of the state phytosanitary control service, determined by the relevant executive authority, shall be deemed as the state head phytosanitary inspectors, the deputies of the state head phytosanitary inspectors and the state phytosanitary inspectors.




    1. Employees of the state phytosanitary control service shall be supplied with a uniform having a distinctive badge and special identity cards.

Article 9. Responsibilities of the State Phytosanitary Control



Service
9.0. The responsibilities of the relevant executive authority exercising the state phytosanitary control shall consist of the following:

      1. to inspect the phytosanitary condition, conduct examination, surveillance and take preventive and plant protection measures at warehouses, markets, private and collective gardens, courtyards and lands and especially protected areas of nature and objects, where the plant and plant products are kept;




      1. to develop the programs related to production of pesticides and biological agents and establish the procedures for their application and distribution in plant growing, to prepare the drafts of programs and normative documents on plant protection, including phytosanitary control and submit them to the relevant executive authorities for approval;




      1. to conduct expertise, investigation and valuation works in relevant fields of activity in a manner established by the legislation, to inspect the quarantine objects being under the phytosanitary control, as well as take samples to carry out the examination thereof;




      1. to detect in time pests in quarantine objects being under the phytosanitary control and take appropriate measures for isolation and destruction thereof;




      1. in order to prevent the spread of pests subjected to quarantine in the territory of the Republic of Azerbaijan and liquidate their pestholes, to raise claim with the relevant executive authorities to impose quarantine and other restrictions established by the legislation;




      1. to develop the list of pests subjected to quarantine and make proposals to the relevant executive authority with respect to applying and lifting the quarantine regime in the specified area;




      1. to determine the rate of infestation of plants with pests in the territory of the Republic of Azerbaijan, reasons for their occurrence, to obtain information about the mass outbreak and spread of pests, conduct surveillance, to participate in development and implementation of the state programs directed to stabilization of phytosanitary conditions of agro-ecosystems and keeping them under control;




      1. to take measures in conjunction with the relevant executive authorities for protection of materials subjected to quarantine control against pests, preventing the toxicological effect of pesticides, biological agents and agrochemical substances and the environmental pollution, as well as for neutralization of chemical poisonous substances, the use of which is prohibited or those which lost their quality;




      1. to participate in drawing up a list of preparations, the use of which in the state testing and registration of pesticides, biological agents and agrochemical substances is permitted;




      1. to make proposals on providing in the state budget of relevant funds for the purpose of phytosanitary control, to develop appropriate programs and draw up estimations for the purpose of ensuring the efficient use of allocated funds and submit them to the relevant executive authority;




      1. to ensure the conduct of plant protection and quarantine measures in the territory of the Republic of Azerbaijan on the basis of scientific-practical basis and take the necessary arrangements related to training of specialists in this field and improvement of their qualifications;




      1. to fulfil the obligations provided for in the international agreements in the field of phytosanitary control to which the Republic of Azerbaijan is a Contracting party and to establish, within their competence, mutual relations with the relevant authorities of foreign countries and international organizations;




      1. to perform other duties provided for in the legislation.

Article 10. Rights of the State Phytosanitary Control Service




  1. The relevant executive authority exercising the functions of the state phytosanitary control service shall have the following rights:




      1. to take measures directed to exercising the state control in the phytosanitary field and preventing the law infringement cases in this field;




      1. to apply to legal entities and natural persons for entering into the objects thereof in the order provided for by the legislation, to obtain necessary information concerning phytosanitary situation and materials being under the quarantine control and to become familiar with the documents for such materials;




      1. to issue the import quarantine permission and phytosanitary certificates for import, export, transit and distribution of plant and plant products within the territory of the Republic of Azerbaijan in accordance with regulations established by the legislation;




      1. to give opinions for quarantine objects being under the phytosanitary control within its competence;




      1. to prohibit storage and sale of plant protection means at warehouses and outlets not conforming to the requirements of sanitary-hygienic rules and safety measures;




      1. to register legal entities and natural persons dealing with import, export, production, storage, sale and application of pesticides, biological preparations and agrochemical substances;




      1. to request from legal entities and natural persons, dealing with sale and use of pesticides, biological preparations and agrochemical substances, compliance with safety rules, prevention of the environmental pollution and liquidation of pollution, to make decision to prohibit the use of agents unfit for use and having high toxic properties in the manner provided for by the legislation and to liquidate them after removing from distribution;




      1. to impose restrictions, make warnings and take preventive measures with respect to legal entities and natural persons in the manner established by the legislation for the purpose of preventing the infringement of the legislation in the field of phytosanitary control;
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