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Home / RLA / Article 12-1. Permits and notifications, government services in the field of plant quarantine of the Plant Quarantine Act

Article 12-1. Permits and notifications, government services in the field of plant quarantine of the Plant Quarantine Act

АMANAT партиясы және Заң және Құқық адвокаттық кеңсесінің серіктестігі аясында елге тегін заң көмегі көрсетілді

Article 12-1. Permits and notifications, government services in the field of plant quarantine of the Plant Quarantine Act

     1. To obtain a phytosanitary certificate, individuals and legal entities submit an application to the territorial division of the department of the authorized body in the territory of the relevant district, city of regional significance, city of republican significance, capital, where the quarantined products are located, and present the quarantined products to the state plant quarantine inspector to determine the quarantine status.

     A phytosanitary certificate is issued and certified with a personal signature and a stamp (stamp) of the established sample by the state plant quarantine inspector in accordance with the rules for the protection of the territory of the Republic of Kazakhstan from quarantine facilities and alien species. A phytosanitary certificate is issued for each batch of quarantined products and must certify its quarantine status, have information about the disinfection carried out, and the fulfillment of other additional quarantine phytosanitary requirements for the supply of these products.

     The grounds for a reasoned refusal to issue a phytosanitary certificate are:

     1) failure by the applicant to submit quarantined products for inspection;

     2) identification of quarantine objects in quarantined products, except in cases where the requirements of the importing country (during export) allow the presence of identified quarantine objects in quarantined products.;

     3) identification of non-compliance with the requirements of the importing country (during export);

     4) repeated (two or more times) failure to notify of arrival or failure to declare quarantined products for inspection to an official of the authorized body of a member state of the Eurasian Economic Union is the basis for refusal to issue a phytosanitary certificate within thirty calendar days after receiving information from the relevant authorized state body of a member state of the Eurasian Economic Union, except in cases of destinations;

     5) other grounds provided for by the laws of the Republic of Kazakhstan "On Public Services", "On permits and notifications".

     Note from <url>!       The first part of paragraph 2 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).  

     2. To obtain a quarantine certificate, individuals and legal entities submit an application to the territorial division of the department of the authorized body in the territory of the relevant district, city of regional significance, city of republican significance, capital, where the quarantined products are located, and present the quarantined products to the state plant quarantine inspector to determine the quarantine status.

     Note from <url>!       The second part of paragraph 2 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).  

     The quarantine certificate is issued and certified with a personal signature and a stamp (stamp) of the established sample by the state plant quarantine inspector in accordance with the rules for the protection of the territory of the Republic of Kazakhstan from quarantine facilities and alien species.

     Note from <url>!

     The fourth part is provided for by the Law of the Republic of Kazakhstan dated 04/06/2024 No. 71-VIII (effective from 01.01.2025).  

     The grounds for a reasoned refusal to issue a quarantine certificate are:

     1) failure by the applicant to submit quarantined products for inspection;

     2) identification of quarantine objects in quarantined products, with the exception of the cases provided for in part three of paragraph 4-1 of Article 13 of this Law;  

     3) repeated (two or more times) failure to notify the state plant quarantine inspector of the territorial subdivision of the department of the authorized body of the arrival or failure to declare the quarantine products for inspection is the basis for refusal to issue a quarantine certificate within thirty calendar days after receiving information from the relevant territorial subdivision of the department of the authorized body, except in cases of a change of destination;

     4) other grounds provided for by the laws of the Republic of Kazakhstan "On Public Services", "On permits and notifications".

     3. To import quarantine facilities for research purposes, according to the approved list, individuals and legal entities apply for a letter of approval for the import of quarantine facilities for research purposes to the territorial division of the department of the authorized body in the territory of the relevant district, city of regional significance, city of republican significance, capital, where the quarantined facility is located.

     A letter of approval for the import of quarantine facilities for research purposes is issued for each quarantine facility and is valid for six months from the date of its issuance.

     The letter of approval for the import of quarantine facilities for scientific research purposes cannot be used more than once.

     A letter of approval for the import of quarantine facilities for research purposes is issued in accordance with the rules for the protection of the territory of the Republic of Kazakhstan from quarantine facilities and alien species.

     The grounds for a reasoned refusal to issue a letter of approval for the import of quarantine facilities for research purposes are non-compliance with the requirements for isolation of quarantine facilities of various levels of biological safety and other grounds provided for by the laws of the Republic of Kazakhstan "On Public Services", "On permits and Notifications".

     4. To obtain an account number, individuals and legal entities submit an application to the territorial division of the department of the authorized body in the territory of the relevant district, city of regional significance, city of republican significance, capital, where the quarantined facility is located, submit the quarantined facility to the state plant quarantine inspector to determine the quarantine status and compliance with quarantine phytosanitary requirements.

     The registration number is issued for carrying out activities for:

     processing of grain and its processed products clogged with quarantine weeds (with the exception of quarantine weeds of the genus Striga spp.) using technologies that deprive seeds and fruits of quarantine weeds of viability;

     disinfection and labeling of wood packaging material.

     The registration number is issued with the assignment of a code and registration number in accordance with the rules for the protection of the territory of the Republic of Kazakhstan from quarantine facilities and alien species.

     The grounds for a reasoned refusal to issue an account number are:

     1) non-compliance of the quarantined facility with the quarantine phytosanitary requirements;

     2) identification of the foci of the spread of quarantine facilities on the territory of the quarantined facility;  

     3) other grounds stipulated by the Law of the Republic of Kazakhstan "On Public Services".

     The grounds for revoking an account number are:

     1) identification of the foci of the spread of quarantine facilities on the territory of the quarantined facility;

     2) violation of quarantine phytosanitary requirements;

     3) identification of living and (or) viable quarantine objects in products obtained by processing grain and its processed products using technologies that deprive seeds and fruits of quarantine weeds of viability;

     4) identification of living and (or) viable quarantine objects in decontaminated and labeled wood packaging material;

     5) other grounds stipulated by the Law of the Republic of Kazakhstan "On Public Services".

     5. Activities related to the handling of pathogenic biological agents are carried out on the basis of a permit for the handling of pathogenic biological agents and its annex in accordance with the legislation 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     

© 2012. RSE na PHB "Institute of Legislation and Legal Information of the Republic of Kazakhstan" of the Ministry of Justice of the Republic of Kazakhstan  

 

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