Article 1. The basic concepts used in this Law Chapter 1. General provisions of the Law on Plant Quarantine

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The following basic concepts are used in this Law:

1) excluded by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (effective ten calendar days after the date of its first official publication);

1-1) alien species is a species of insect, plant and weed pathogen, absent from the flora and fauna of the Republic of Kazakhstan, which, if penetrated, can cause significant economic and environmental damage.;

2) excluded by the Law of the Republic of Kazakhstan dated 07/16/2015 No. 330-V (effective ten calendar days after the date of its first official publication);

2-1) laboratory examination – examination of samples of quarantined products, pests, plant pathogens and weeds in order to determine their species composition and their belonging to quarantine facilities and alien species;

3) excluded by the Law of the Republic of Kazakhstan dated 07/10/2012 No. 36-V (effective after ten calendar days after its first official publication);

4) quarantined products (quarantined cargoes, quarantined materials, quarantined goods) (hereinafter referred to as quarantined products) – plants, products of plant origin, containers, packaging, cargoes, soil, organisms or materials that may be carriers of quarantine objects and (or) contribute to their distribution, included in the list of quarantined products and in which require the adoption of quarantine phytosanitary measures;

4-1) list of quarantined products – a list of quarantined products subject to state quarantine phytosanitary control and supervision;

5) quarantine zone - an area declared under quarantine in accordance with the established procedure in connection with the identification of a quarantine facility;

6) quarantine facility – a pest, plant pathogen or weed that can cause significant harm to plants and plant products, absent or limited in distribution on the territory of the Republic of Kazakhstan, included in the unified list of quarantine facilities of the Eurasian Economic Union and (or) the list of quarantine facilities and alien species, in relation to which measures are established and implemented Plant quarantine;

6-1) quarantine regime – a legal regime providing for the mandatory implementation of plant quarantine measures aimed at eliminating the source of the spread of a quarantine facility, limiting or terminating economic relations and suspending the transportation (movement) of quarantined products from the territory of the quarantine zone in order to prevent the spread of the quarantine facility;

7) the focus of the quarantine facility is the territory where the quarantine facility has been identified and where plant quarantine measures should be carried out or are being carried out.;

Note from <url>! Subparagraph 8) is provided to be deleted by the Law of the Republic of Kazakhstan dated 04/06/2024 No. 71-VIII (effective from 01/01/2025).

8) quarantine certificate - a document certifying the quarantine status of quarantined products intended for domestic transportation;

9) excluded by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (effective ten calendar days after the date of its first official publication);

9-1) inspection – visual inspection of quarantined products, vehicles and devices for transportation (including cabins, salons, baggage and cargo compartments of vehicles, containers), hand luggage and baggage of individuals;

9-2) documentary state quarantine phytosanitary control – verification of quarantine documents confirming the phytosanitary safety of quarantined products for compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of plant quarantine, as well as the approval of the authorized plant quarantine authority to permit the import, export or transit of quarantine facilities for research purposes;

9-3) law–restrictive measure is a quarantine phytosanitary measure applied by the authorized plant quarantine body in relation to individuals and legal entities.;

9-4) State quarantine phytosanitary control is the activity of the authorized plant quarantine body to verify and monitor compliance by the inspected entities with the requirements of the legislation of the Republic of Kazakhstan in the field of plant quarantine, as a result of which law–restrictive measures may be applied without prompt response.;

9-5) state quarantine phytosanitary supervision – the activity of the authorized plant quarantine body to verify and monitor compliance by the inspected entities with the requirements of the legislation of the Republic of Kazakhstan in the field of plant quarantine, as a result of which law-restrictive measures may be applied, including prompt response;";

10) the authorized plant quarantine body (hereinafter referred to as the authorized body) is the central executive body responsible for the management and intersectoral coordination in the field of plant quarantine;

10-1) authorized plant quarantine organization (hereinafter referred to as the authorized organization) is an organization established by decision of the Government of the Republic of Kazakhstan, performing functions in accordance with the legislation of the Republic of Kazakhstan.;

11) plant quarantine measures – a system of measures aimed at organizing and carrying out work to identify, localize and eliminate the spread of quarantine facilities, disinfection, technical processing, cleaning and destruction of infected quarantined products, disinfection and cleaning of premises and vehicles, return of quarantined products;

12) the Republican state enterprise for plant quarantine is a republican state enterprise on the right of economic management, established by the Government of the Republic of Kazakhstan;

13) excluded by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (effective after ten calendar days after its first official publication);

14) plant quarantine (phytosanitary protection) is a legal regime providing for a system of plant quarantine measures aimed at protecting plant resources of the Republic of Kazakhstan and plant products from quarantine facilities;

14-1) temporary quarantine phytosanitary measures – prohibition or restriction of the import of quarantined products from other states into the territory of the Republic of Kazakhstan and (or) transit of quarantined products through the territory of the Republic of Kazakhstan, applied in order to ensure the protection of the territory of the Republic of Kazakhstan from the import and (or) further spread of quarantine facilities or to reduce losses caused by them;

15) phytosanitary control post – a subdivision of the department of the authorized body located on the territory of border and customs checkpoints (checkpoints across the State Border of the Republic of Kazakhstan, coinciding with the customs border of the Eurasian Economic Union), as well as in other places where quarantined products are transported across the customs border of the Eurasian Economic Union, located on the territory of the Republic of Kazakhstan within the limits of automobile communication, and other places designated by authorized by an authorized body, equipped with the necessary equipment and devices, performing state quarantine phytosanitary surveillance and (or) receiving preliminary information on the import and transit of quarantined products;

16) phytosanitary certificate - a document certifying the quarantine status of quarantined export products;

17) phytosanitary risk assessment - a scientifically based assessment of the probability of penetration, rooting or spreading of quarantine facilities, taking into account the quarantine phytosanitary measures that could be applied, and the associated potential biological and economic consequences, conducted by scientific research organizations and an authorized body;

17-1) phytosanitary risk analysis is the process of studying, researching and evaluating biological, scientific and economic data in order to identify quarantine sites and alien species and take appropriate quarantine phytosanitary measures and plant quarantine measures.;

17-2) emergency measures – measures for the immediate localization and elimination of foci of the spread of quarantine facilities detected for the first time or newly in the territory of the Republic of Kazakhstan.

The Law of the Republic of Kazakhstan dated February 11, 1999 No. 344.

This Law defines the legal basis, goals, objectives and principles of plant quarantine measures, which are an integral part of the national security system, on the territory of the Republic of Kazakhstan.

President

Republic of Kazakhstan

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