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

Home / RLA / On the ratification of the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on cooperation in the field of quarantine and plant protection

The Law of the Republic of Kazakhstan dated March 3, 2025 No. 167-VIII SAM

To ratify the Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on cooperation in the field of quarantine and plant protection, signed in Ankara on May 10, 2022.

President

Republic of Kazakhstan

K. TOKAEV

Agreement between the Government of the Republic of Kazakhstan and the Government of the Republic of Turkey on cooperation in the field of quarantine and plant protection

The Government of the Republic of Kazakhstan and the Government of the Republic of Turkey, hereinafter referred to as the "Party" and collectively as the "Parties",

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

Having regard to the rules and principles of the International Plant Protection Convention, signed in Rome on December 6, 1951,

in order to fulfill all the conditions and obligations specified in this Agreement,

have agreed on the following:

Article 1 Objectives

The Parties shall cooperate in the field of quarantine and plant protection to prevent the import and spread of quarantine pests on the territory of the States of the Parties in order to ensure the phytosanitary safety of their States in accordance with their legislation.

The provisions of this Agreement apply to all quarantined materials, including any plant, plant product, storage location, packaging, transportation, container, soil and any other organism, object or material capable of serving as a shelter for pests or facilitating their spread, from the point of view of phytosanitary measures, especially in cases of international transportation.

Article 2 Definitions

The terms used in this Agreement have the following meanings:

plants - living plants and their parts, including seeds and genetic materials;

Plant products are unprocessed materials of plant origin (including grain), as well as processed products that, by their nature or method of processing, may pose a risk of introduction and spread of harmful and quarantine pests.;

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

A quarantine pest is a pest that has potential economic significance for an area, as a result of which it is under threat and in which it is not yet present or present, but is not widespread and is officially controlled.;

quarantine phytosanitary control (supervision) is the activity of competent authorities aimed at identifying quarantine facilities, establishing the quarantine phytosanitary status of quarantined products transported between the parties, fulfilling international obligations and complying with the requirements of the legislation of the States of the Parties in the field of plant quarantine;

Treatment is an official procedure for the destruction, inactivation or removal of harmful organisms.;

quarantine materials - any plant, plant product, storage location, packaging, transportation, container, soil and any other organism, object or material capable of serving as a shelter for pests or contributing to their spread, in terms of phytosanitary measures, especially in cases of international transportation;

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

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

A phytosanitary certificate is an international standard document accompanying quarantined products and issued by the competent authority of the exporting State (re-exporter) in the form established by the International Convention on Quarantine and Plant Protection of December 6, 1951, and certifying that quarantined products comply with the phytosanitary requirements of the importing State.

Article 3 Competent authorities

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

on behalf of the Government of the Republic of Kazakhstan - Ministry of Agriculture of the Republic of Kazakhstan;

On behalf of the Government of the Republic of Turkey, the Ministry of Agriculture and Forestry of the Republic of Turkey.

In order to implement this Agreement, the competent authorities of the Parties maintain contact through diplomatic channels.

The Parties shall immediately notify each other through diplomatic channels of changes in the names of their competent authorities or the transfer of their functions to other authorities.

Article 4 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 regulatory legal acts, the national list of quarantine pests and other provisions related to quarantine and plant protection within two months from the date of entry into force of this Agreement;

2) notify each other of all changes made to the national list of quarantine pests;

3) notify each other of cases of detection and spread of quarantine pests in the territories of the States of the Parties listed in the national list of quarantine pests, as well as ways to combat and control them;

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

Article 5 Requirements for imported goods

Each consignment imported from the territory of the State of one Party to (through) the territory of the State of the other Party must comply with the requirements of international obligations and legislation of their States in the field of quarantine and plant protection.

Cargoes exported to the territory of the other Party's State are subject to quarantine inspection and are accompanied by an official phytosanitary certificate.

The competent authorities of the Parties, in accordance with international obligations and legislation of the States of the Parties in the field of quarantine and plant protection, shall take measures to carry out phytosanitary control and, if necessary, laboratory testing, handling of goods and their means of transportation, as well as to prevent the penetration and spread of quarantine pests on their territories.

In this context, the competent authorities of the Parties also undertake:

1) notify each other of additional phytosanitary measures immediately after approval and publication;

2) provide justifications for the adoption of additional phytosanitary measures at the request of any of the competent authorities of the Parties.

The points of movement of imported, exported and transit goods across the borders of the States of the Parties are determined in accordance with the legislation of the States of the Parties.

The competent authorities of the Parties shall inform each other about the border control points where phytosanitary control of goods is carried out on the territories of their States.

When exporting goods, wood chips, paper, plastic and other materials that do not contain quarantine pests and have been cleaned from the soil should be used as packaging material.

The competent authorities of the Parties prohibit the import of soil (except peat), earthen and live rooted plants with soil that may be carriers of quarantine pests.

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.

In case of detection of quarantine pests in a batch of quarantined material during phytosanitary control, the competent authorities of the Parties shall take the necessary measures in accordance with international obligations and legislation of the States of the Parties in the field of quarantine and plant protection, which in each individual case the competent authorities of the Parties should inform each other about non-compliance with the requirements of the International Standard on Phytosanitary Measures (ISPM13).

Article 6 Phytosanitary certification

A phytosanitary certificate is attached to each consignment exported from the territory of the State of one Party to (through) the territory of the State of the other Party.

The phytosanitary certificate accompanying the consignment must be in the original and filled out in English or the official language of the Party that issued it, in accordance with the form established by the International Convention on Quarantine and Plant Protection of December 6, 1951. All corrections, deletions and illegibility of the text in the phytosanitary certificate invalidate it.

In case of re-export of goods, the phytosanitary certificate for re-export must necessarily be accompanied by the original phytosanitary certificate of the producing State.

Article 7 Transit of goods

The transit of goods through the territories of the States of the Parties should be allowed in accordance with international obligations and legislation of the States of the Parties in the field of quarantine and protection of plants through which the transit of goods is carried out, subject to the provision of a phytosanitary certificate of the State of origin.

Article 8 Joint measures

When carrying out import and export operations by the Parties, joint inspections and tests of goods posing a quarantine risk are carried out on the basis of a preliminary agreement between the States of the Parties. Each Party shall provide the location and equipment necessary for carrying out the above-mentioned laboratory tests. Unless otherwise agreed in each case, the Party sending the experts shall bear all expenses related to the experts' business trips in accordance with the legislation of its State.

Article 9 Relations to other international treaties

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, or arising from their membership in international organizations.

Article 10 Dispute settlement

Any dispute concerning the interpretation or application of the provisions of this Agreement shall be resolved through direct diplomatic negotiations and consultations between the two Parties.

Article 11 Amendments to the Agreement

This Agreement may be amended at any time by mutual written consent of the Parties. Such amendments are an integral part of this Agreement and shall enter into force in accordance with the procedure provided for in Article 12 of this Agreement.

Article 12 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 remains in force for five (5) years and is automatically extended for subsequent five-year periods, unless one of the Parties notifies the other Party in writing through diplomatic channels of its intention to terminate it at least six (6) months before the expiration of the current period. Either Party may at any time notify the other Party in writing through diplomatic channels of its intention to terminate this Agreement.

In this case, this Agreement is terminated 3 (three) months after the date of receipt of the notification.

Done in Ankara on May 10, 2022, in two original copies in Kazakh, Turkish, Russian and English, all texts being equally authentic. In the event of a discrepancy between the texts of this Agreement, the Parties shall refer to the English text.

For the Government

Republic of Kazakhstan

For the Government of the Republic of Turkey

President

Republic of Kazakhstan

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