MEMORANDUMOF UNDERSTANDING BETWEEN MINISTRY OF AGRICULTURE, FORESTRY AND WATER MANAGEMENT OF THE REPUBLIC OF SERBIA AND GENERAL ADMINISTRATION OF CUSTOMS OF THE PEOPLE’S REPUBLIC OF CHINA ON COOPERATION ON IMPORT AND EXPORT OF FOOD PRODUCTS AND FOOD SAFETY("Off. Herald of RS - Treaties", No. 7/2019) |
Ministry of Agriculture, Forestry and Water Management of the Republic of Serbia (hereinafter referred to as "MAFWM") and General Administration of Customs of the People’s Republic of China (hereinafter referred to as "GACC") (hereinafter referred to as "both parties") pursuant to the prevailing laws and regulations of their respective countries have agreed to strengthen the bilateral cooperation and communication in the area of safety assurance related to import and export of food products intended to protect public, animal and plant health, and to facilitate the smooth development of bilateral trade.
The parties have reached the following understanding after close and co-operative consultation:
Article 1
By signing the Memorandum of Understanding (MOU), both parties agree to establish a cooperation mechanism on safety assurance on import and export of food products to promote mutual understanding and trust between the parties. The decisions and activities under this MOU shall comply with the WTO Agreement on the Application of Sanitary and Phytosanitary Measures.
Article 2
Both parties agree to negotiate and cooperate on inspection and quarantine procedures of food products covered by this MOU, according to the rights and obligations of the parties.
This include, but is not limited to:
1. Development of relevant protocols of inspection and quarantine requirements;
2. Hold bilateral meetings;
3. Conduct personnel and technical exchange;
4. Communicate and consult on the requirements of import and export of food products;
5. Communicate and consult on process for notification of substandard or non-compliance products;
6. Other cooperation that both parties agree to conduct.
Article 3
1. The parties agree to inform each other of the laws, regulations and standards; inspection and quarantine procedures, methodologies and techniques for the import and export of food products.
2. The parties agree to exchange general information about plant quarantine pests and animal diseases and chemical residues of hazardous substances of concern.
3. Before adopting new regulations and standards which may have a potential impact on trade and safety assurances between both parties, the adopting party will notify the other party in advance. Upon request, the adopting party may give the latter a reasonable transitional period.
Article 4
As appropriate, bilateral meetings regarding import and export of food products and food safety shall be organized between the parties based on mutual agreement.
Article 5
Personnel Exchanges and Cooperation
The parties agree to conduct personnel exchanges and cooperation. The relevant competent authorities of both parties shall carry out exchange and cooperation of measures related to inspection, quarantine and supervision on import and export of food products, and laboratory testing methods.
For the convenience of both parties making relevant preparations, arrangements for visits shall be made as soon as possible and the other party shall be informed in advance.
Article 6
Both parties agree to notify any problems relating to substandard food products identified during bilateral trade:
1. On identification of food safety problems relating to the import of food products, the importing party shall notify the exporting party through designated focal points. Notification about non-compliance food products exported to China can be found at the website of http://www.customs.gov.cri/customs/jyjy/jckspaq/fxyj/index.html.
The notification shall include the name of establishments concerned, product category, quantity and weight and other information required from the exporting party.
2. The exporting party shall conduct investigations after receiving the notification and ensure that corrective measures are carried out accordingly, and provide feedback, in a timely manner, the investigation results and corrective measures carried out by the party concerned.
Article 7
1. The Contact Point of the Republic of Serbia are:
For products of animal origin:
Veterinary Directorate of MAFWM
Tel/Fax: +381 11 2602 320,
E-mail: vetuprava@minpolj.gov.rs,
For products of plant origin:
Plant Protection Directorate of MAFWM
Tel/Fax: +38111 311-77-29,
E-mail: upravabilje@minpolj.gov.rs
2. The Contact Point of the People’s Republic of China is:
The Import and Export Food Safety Bureau of GACC
Tel: 0086-10-65195693,
Fax: 0086-10-65194715
E-mail: mengxj@customs.gov.cn
Article 8
Each party agrees to pay its own expenses associated with this MOU and its participation in cooperative activities.
Article 9
This MOU is signed in order to develop and strengthen inter-agency cooperation between the parties. Signatory authorities acknowledge and agree that this MOU does not create any rights or impose any legally binding ties, including any rights to the authorities or third parties, and does not constitute an agreement under international law.
Article 10
Any dispute between the parties regarding the interpretation and application of this MOU will be solved co-operatively through consultation, should it arise.
Consultations shall take place upon request by a party.
Article 11
This MOU may be amended subject to agreement between the parties.
Article 12
Entry into Force, Duration and Termination
The MOU will enter into effect on the day of signing and remain effective for 5 (five) years. This MOU may be automatically extended for another 5 (five) years, unless one party notifies the other party in written form through the relevant diplomatic channel of its intention to terminate this MOU within 6 (six) months prior to the expiration of this MOU.
The termination of the MOU will not affect the ongoing cooperation activities under this MOU.
As of entry into force of this MOU, the Memorandum of Understanding between the Ministry of Agriculture and Environmental Protection of the Republic of Serbia and the General Administration of Quality Supervision, Inspection and Quarantine of the People’s Republic of China on Cooperation of Safety Assurance in Import and Export of Food Products, signed in Belgrade, on 24 April 2017, shall cease to be valid.
Done in duplicate at Belgrade on 17 june 2019. in Serbian, Chinese, and English languages. All three texts are equally authentic. In case of divergence in interpreertation, the English text shall prevail.
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