AGREEMENTBETWEEN THE MINISTRY OF AGRICULTURE, FORESTRY AND WATER MANAGEMENT OF THE REPUBLIC OF SERBIA AND THE MINISTRY OF AGRICULTURE, FORESTRY AND WATER ECONOMY OF THE REPUBLIC OF NORTH MACEDONIA ON PHYTOSANITARY COOPERATION("Off. Herald of RS - Treaties", No. 12/2019) |
The Ministry of Agriculture, Forestry and Water Management of the Republic of Serbia and the Ministry of Agriculture, Forestry and Water Economy of the Republic of North Macedonia (hereinafter: the ”Parties”), in order:
- to encourage the mutual cooperation in the phytosanitary policy;
- to protect the territories from introduction and spread of quarantine harmful organisms and to limit the entry of regulated non-quarantine harmful organisms, through imported consignments, as well as to limit the losses that occur as a result of their introduction and spreading;
- to reduce to a minimum the phytosanitary risk and to ensure improvement of international trade;
- having in mind the Bilateral Agreements between the Governments of Republic of Serbia and Republic of North Macedonia and the Multilateral agreements in these areas whose sides are the two countries;
have agreed as follows:
Article 1
Competent Authorities of the Parties for coordination and implementation of this Agreement are:
- in the Republic of Serbia: Ministry of Agriculture, Forestry and Water Management, Plant Protection Directorate, with a seat in Belgrade, and
- in the Republic of North Macedonia: Ministry of Agriculture, Forestry and Water Economy, Phytosanitary Directorate with a seat in Skopje.
Article 2
For the purposes of this Agreement, the following definitions shall apply:
a) Plants are living plants and their parts, including seeds and germplasm;
b) Plant products are unmanufactured material of plant origin (including grain crops) and those manufactured products that, by their nature or their processing, may create a risk for introduction and spread of pests;
c) Pests are any species, strain or biotype of plant, animal or pathogenic agents that attack plants or plant products; and
d) Regulated pest is a quarantine harmful organism or regulated non-quarantine harmful organism.
Article 3
In accordance with the international agreements in force, the Parties have sovereign right to prescribe and adopt the phytosanitary measures for protection of plant health within their territories and to determine their appropriate level of plant health protection.
Parties shall notify each other on the Lists of regulated pests, as well as of specific requirements for plant quarantine (phytosanitary prohibitions, restrictions and conditions), related to the import or transit of plants and plant products.
In certain cases of non-compliance of the consignment with the phytosanitary requirements of the Party-importer, the Parties may set up additional phytosanitary requirements for plants and plant products being imported or in transit, which are subject to phytosanitary inspection.
The Parties shall notify each other in writing on any changes in the Lists mentioned in paragraph 2 of this Article, before the entry into force of the same.
Article 4
The import, export and transit of plants, plant products and objects, which are subject to phytosanitary inspection (hereinafter referred to as the ”consignments”) may only be carried out if they meet the phytosanitary conditions in accordance with the regulations in the area of plant health of the Party-importer.
Article 5
In the case when the Party-importer controls specific quarantine harmful organisms or regulated non-quarantine harmful organisms, the Party-exporter should guarantee that the above stated organisms have been subject to official controls within the territory of the country concerned.
Integrated measures for risk management of harmful organisms that are previously defined in the national regulations of Parties in the area of phytosanitary policy shall provide an alternative for the given measure, in order to fulfill the appropriate level of phytosanitary protection of the Party-importer.
Article 6
The Parties shall cooperate in the implementation of the system for certification upon export, the provision of accurate data, as well as for additional declarations contained in phytosanitary certificates.
Article 7
In order to maintain the integrity of the consignments after certification, the Parties, through their competent authorities, shall guarantee the phytosanitary safety of consignments, in terms of composition, substitution and re-contamination after the completion of the phytosanitary certification, which is performed according specific procedures before the export.
Article 8
Each consignment of plants, plant products and other objects and items from the List V part B of plants, plant products and other objects and items, which is subject to phytosanitary inspection, must be accompanied by a phytosanitary certificate that is prepared according to the model specified in the International Plant Protection Convention dated December 6, 1951 and issued by the competent authority of the Party.
The phytosanitary certificate does not exclude the right of the Party-importer to perform the phytosanitary inspection and to undertake necessary measures in appropriate manner.
Article 9
The Parties should collect and record data relating the occurrence and the absence of harmful organisms, in order to support the phytosanitary certification and the technical justification of their phytosanitary measures for the Party - importer.
Article 10
The Parties agrees that appropriate procedures should be applied in the case of import of perishable goods i.e. keeping in cooler or in strictly controlled conditions (humidity, temperature and light).
Article 11
The measures that may be undertaken when an imported consignment or other regulated products do not comply with the regulations of the other Party, after previously rejected entry shall be:
- treated;
- returned; and/or
- destructed.
Article 12
If during the import, it is determined that the plant consignment does not meet the prescribed phytosanitary requirements of the Party-importer, the competent authority of the Party-importer shall immediately notify the competent authority of the Party-exporter and shall undertake appropriate phytosanitary measures in accordance with their national regulations.
The competent authorities of the Parties shall mutually inform each other in writing within 48 hours on the phytosanitary measures for limitation, as well as prohibition for import of certain plant consignments.
Article 13
The Parties may require phytosanitary measures that are not more stringent than the measures applied to the same harmful organisms, if they are present on the territory of Party-importer.
Article 14
The Parties may adopt and/or implement emergency actions, including emergency measures, when new or unexpected phytosanitary risk is identified.
The emergency measures should be implemented temporarily.
Article 15
The Parties shall cooperate in case of occurrence, outbreak or spreading of harmful organisms, which pose an immediate or potential danger for the other party in agreement.
The Parties agreed for mutual recognition of the results of laboratory analysis from accredited laboratories on samples taken from consignments that are subject of import.
Article 16
The Party shall initiate consultations in terms of its phytosanitary measures, at the request of the other Party.
If there is a dispute concerning the interpretation or application of the International Plant Protection Convention - IPPC or International Standard for Phytosanitary Measures - ISPM’s or if a Party considers that the procedure of the other party in agreement is in conflict with the obligations of the IPPC or with the guidance provided in its ISPM, the subjected parties in agreement shall consult themselves as soon as possible, in order to overcome the dispute.
Article 17
Immediately after adoption, the Party shall publish and transmit the phytosanitary requirements, restrictions and prohibitions to the other Party.
Parties shall, upon request, put at disposal to the other Party the justification for the phytosanitary requirements, restrictions and prohibitions for import of consignments.
Parties shall cooperate in the exchange of data on harmful organisms of plants.
Article 18
In order to develop the cooperation in the field of the phytosanitary policy, the competent authorities of the Parties shall mutually exchange information, experience and knowledge and will organize annual expert meetings based on reciprocity.
Article 19
The provisions set forth in this Agreement may be amended with the consent of both Parties.
Article 20
This Agreement shall not apply to the rights and obligations of the Parties arising from other international agreements in which they participate.
Article 21
This Agreement is concluded for a period of five (5) years and shall enter into force on the day of its signing.
This Agreement will automatically be extended for a period of one (1) year, until either of the Parties terminates it in a written form, through diplomatic channels, at least 6 months before the termination of the validity of the Agreement
Article 22
With the entry into force of this Agreement, the Agreement between the Ministry of Agriculture, Trade, Forestry and Water Management of the Republic of Serbia and the Ministry of Agriculture, Forestry and Water Economy of the Republic of Macedonia on Phytosanitary Cooperation, concluded on 03.02.2012 in Belgrade, shall cease to be valid.
Done in ___________ on _________________, in two original copies, each in Serbian, Macedonian and English languages, where each text is equally authentic.
In case of divergence in the interpretation of the text of the Agreement, the English version shall prevail.
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