On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on cooperation in the field of quarantine and plant protection

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On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on cooperation in the field of quarantine and plant protection

The Law of the Republic of Kazakhstan dated March 15, 2023 No. 209-VII SAM

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on cooperation in the field of quarantine and plant protection, signed in Baku on April 3, 2017.

President of the Republic of Kazakhstan

K. TOKAEV

agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan on cooperation in the field of quarantine and plant protection

The Government of the Republic of Kazakhstan and the Government of the Republic of Azerbaijan, hereinafter referred to as the "Parties",

Recognizing the benefits of international cooperation in the field of quarantine and plant protection and the control of harmful organisms that damage quarantined material, as well as the control and prevention of their introduction and spread in the territories of their States,

Having regard to the rules and principles of the International Plant Protection Convention (Rome, 1951, as amended in 1997) (hereinafter referred to as the Convention) and the national legislation of the States Parties,

have agreed on the following:

Article 1 Definitions

For the purposes of this Agreement, the following basic concepts are used:

cargo - a number of plants, plant products or other materials moving from the territory of the state of one Party to the territory of the state of the other Party and accompanied (if necessary) by one phytosanitary certificate (the cargo may consist of one or more goods or lots);

A harmful organism is any kind, variety, or biotype of plants, animals, or pathogenic agents harmful to plants or plant products.;

A quarantine pest is a pest that has potential economic significance for a hazardous area in which it is not yet present or present, but is limited in distribution and serves as an object of official control.;

treatment is an official procedure for the destruction, inactivation or removal of harmful organisms, or for their sterilization or devitalization;

A batch is a set of units of one product that differ in the uniformity of their composition, origin, etc. and form part of the cargo.;

Quarantine material is any plant, plant product, storage location, packaging, vehicle, container, soil and any other organism, object or material capable of serving as a place of shelter for harmful organisms or contributing to their spread, in respect of which phytosanitary measures must be taken, especially when it comes to international transportation.;

A phytosanitary certificate is an international standard document established by the Convention that accompanies quarantined products and certifies that the cargo meets the phytosanitary requirements of the importing party.

Article 2 Competent authorities

The competent authorities of the Parties ensuring the implementation of this Agreement are:

from the Kazakh Side - the Ministry of Agriculture of the Republic of Kazakhstan;

from the Azerbaijani Side - the Ministry of Agriculture of the Republic of Azerbaijan.

In the event of a change in the name of the above-mentioned competent authorities of the States of the Parties, the Parties shall immediately notify each other through diplomatic channels.

Article 3 Cooperation and exchange of information

For the purpose of cooperation and exchange of information in the field of quarantine and plant protection, the Parties undertake:

1) exchange texts of regulatory legal acts and international treaties to which the States of the Parties are parties concerning quarantine and plant protection;

2) inform each other about changes in the regulatory legal acts of their states on the approval of national lists of quarantine pests, no later than two months from the date of their publication;

3) notify each other, if necessary, of the occurrence and spread of quarantine pests in the territories of the States of the Parties, as well as methods of control and control, no later than two months from the date of their discovery.;

4) cooperate in the field of phytosanitary science on the basis of interaction between research institutes and plant quarantine and protection organizations and not transfer any results or information obtained on this basis to a third party without the consent of the other Party.

Article 4 Requirements for imported shipments of quarantined material

1. Officials of the competent authorities of the Parties, in case of detection of quarantine pests in a batch of quarantined material during phytosanitary control, shall issue an order on the need for disinfection or return of a batch of quarantined material at the expense of its owner, and if disinfection or return of a batch of quarantined material is impossible, for destruction. In all cases, the competent authorities of the Parties should inform each other of non-compliance in accordance with the requirements of the International Standard on Phytosanitary Measures (ISPM 13) Conventions.

2. Goods imported into the territory of the other Party's State must be accompanied by a phytosanitary or re-export phytosanitary certificate in accordance with the requirements of the International Standard on Phytosanitary Measures (ISPM 12) Conventions.

3. The competent authorities of the Parties, in accordance with international obligations and national laws of their States in the field of quarantine and plant protection, shall take measures to carry out inspection and, if necessary, laboratory testing, handling of goods and their means of transportation, as well as other measures to prevent the introduction of quarantine pests on the territory of their States.

4. The points of import of shipments of quarantined material across the state border of the States of the Parties shall be determined in accordance with their national legislation.

5. Vehicles used by one Party to transport goods to the territory of the other Party's State must be thoroughly cleaned and, if necessary, decontaminated.

6. When importing and exporting quarantined materials, wood packaging materials that have been specially processed in accordance with the International Standard for Phytosanitary Measures (ISPM 15) of the Convention, as well as shavings, paper, plastic and other materials that cannot be carriers of quarantine pests will be used as packaging material. The competent authorities of the Parties prohibit the import of soil (excluding peat), live rooted plants with soil that may be carriers of quarantine pests.

Article 5 Phytosanitary certificate

Russian Russian and/or English languages for the Kazakh Side, and for the Azerbaijani Side - in Azerbaijani, Russian and/or English languages. The phytosanitary certificate accompanying the batch of quarantined material must be in the original and filled out for the Kazakh Side in Kazakh, Russian and/or English languages. All corrections, deletions and illegibility of the text in the phytosanitary certificate, not certified by the signature of the state plant quarantine inspector and the seal, invalidate it.

In case of re-export of a batch of quarantined material, the re-export phytosanitary certificate must necessarily be accompanied by the original phytosanitary certificate of the producing State.

Article 6 Transit of shipments of quarantined material

The transit of shipments of quarantined material exported from the territory of the State of one Party must be allowed through the territory of the State of the other Party, subject to the availability of a phytosanitary or re-export phytosanitary certificate from the Exporting Party.

Article 7 Relationship with other international obligations

The provisions of this Agreement do not affect the rights and obligations of the Parties arising from other international treaties to which their States are parties.

Article 8 Dispute settlement

Disagreements related to the interpretation and application of the provisions of this Agreement will be resolved through consultations and negotiations between the Parties.

Article 9 Amendments and additions

This Agreement may be amended and supplemented by mutual agreement of the Parties, which are an integral part of it, formalized by separate protocols, which enter into force in accordance with the procedure established by Article 10 of this Agreement.

Article 10 Entry into force

This Agreement shall enter into force on the date of receipt, through diplomatic channels, of the last written notification that the Parties have completed the internal procedures necessary for its entry into force.

This Agreement is concluded for a period of five (5) years and will be automatically extended for subsequent five-year periods until one of the Parties notifies the other Party in writing, no later than six (6) months before the expiration of the relevant period, through diplomatic channels of its intention to terminate this Agreement.

Done in Baku on April 3, 2017, in two original copies, each in the Kazakh, Azerbaijani, and Russian languages, all texts being equally authentic.

In case of a discrepancy between the texts, the Parties refer to the text in Russian.

For the Government

Republic of Kazakhstan

For the Government

The Republic of Azerbaijan

President

Republic of Kazakhstan

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