LAW OF THE REPUBLIC OF UZBEKISTAN

of January 11, 2022 No. ZRU-743

About modification and amendments in some legal acts of the Republic of Uzbekistan in connection with enhancement of system of quarantine and protection of plants

Accepted by Legislative house on September 14, 2021

Approved by the Senate on November 19, 2021

Article 1. Bring in the Code of the Republic of Uzbekistan about the administrative responsibility approved by the Law of the Republic of Uzbekistan of September 22, 1994 No. 2015-XII (Sheets of the Supreme Council of the Republic of Uzbekistan, 1995, No. 3, Art. 6; Sheets of Oliy Majlis of the Republic of Uzbekistan, 1995, No. 9, Art. 193, No. 12, Art. 269; 1996, Art. No. 5-6, 69, No. 9, Art. 144; 1997, No. 2, Art. 56, No. 4-5, Art. 126, No. 9, Art. 241; 1998, No. 3, Art. 38, No. 5-6, Art. 102, No. 9, Art. 181; 1999, No. 1, Art. 20, No. 5, Art. 124, No. 9, Art. 229; 2000, Art. No. 5-6, 153, No. 7-8, Art. 217; 2001, Art. No. 1-2, 23, No. 9-10, Art. of the Art. 165, 182; 2002, No. 1, Art. 20, No. 9, Art. 165; 2003, No. 1, Art. 8, No. 5, Art. 67, No. 9-10, Art. 149; 2004, Art. No. 1-2, 18, No. 5, Art. 90, No. 9, Art. 171; 2005, No. 1, Art. 18; Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2005, No. 9, Art. 312, No. 12, Art. of the Art. 413, 417, 418; 2006, No. 6, Art. 261, No. 9, Art. 498, No. 10, Art. 536, No. 12, Art. of the Art. 656, 659; 2007, No. 4, Art. of the Art. 158, 159, 164, 165, No. 9, Art. of the Art. 416, 421, No. 12, Art. of the Art. 596, 604, 607; 2008, No. 4, Art. of the Art. 181, 189, 192, No. 9, Art. of the Art. 486, 488, No. 12, Art. of the Art. 640, 641; 2009, No. 1, Art. 1, No. 9, Art. of the Art. 334, 335, 337, No. 10, Art. 380, No. 12, Art. of the Art. 462, 468, 470, 472, 474; 2010, No. 5, Art. of the Art. 175, 179, No. 6, Art. 231, No. 9, Art. of the Art. 335, 339, 341, No. 10, Art. 380, No. 12, Art. of the Art. 468, 473, 474; 2011, No. 1, Art. 1, No. 4, Art. of the Art. 104, 105, No. 9, Art. of the Art. 247, 252, No. 12/2, Art. 365; 2012, No. 4, Art. 108, No. 9/1, Art. 242, No. 12, Art. 336; 2013, No. 4, Art. 98, No. 10, Art. 263; 2014, No. 1, Art. 2, No. 5, Art. 130, No. 9, Art. 244, No. 12, Art. of the Art. 341, 343; 2015, No. 6, Art. 228, No. 8, Art. of the Art. 310, 312, No. 12, Art. 452; 2016, No. 1, Art. 2, No. 4, Art. 125, No. 9, Art. 276, No. 12, Art. of the Art. 383, 385; 2017, No. 4, Art. 137, No. 6, Art. 300, No. 9, Art. 510, No. 10, Art. 605; 2018, No. 1, Art. of the Art. 1, 4, 5, No. 4, Art. 224, No. 7, Art. of the Art. 430, 431, 432, No. 10, Art. of the Art. 671, 673, 679; 2019, No. 1, Art. of the Art. 1, 3, 5, No. 2, Art. 47, No. 3, Art. of the Art. 161, 165, 166, No. 5, Art. of the Art. 259, 261, 267, 268, No. 7, Art. 386, No. 8, Art. of the Art. 469, 471, No. 9, Art. of the Art. 591, 592, No. 10, Art. of the Art. 674, 676, No. 11, Art. of the Art. 787, 791, No. 12, Art. of the Art. 880, 891; 2020, No. 1, Art. 4, No. 3, Art. of the Art. 203, 204, No. 7, Art. 449, No. 9, Art. of the Art. 539, 540, No. 10, Art. of the Art. 593, 596, No. 11, Art. 651, No. 12, Art. 691; 2021, No. 1, Art. of the Art. 5, 7, 12, 13, 14, No. 2, Art. 142, No. 3, Art. 217, No. 4, Art. of the Art. 290, 293, appendix to No. 4, No. 8, Art. of the Art. 800, 802, 803), following changes:

Article 107 to state 1) in the following edition:

"Article 107. Violation of phytosanitary requirements (measures) and other rules on fight against objects of quarantine of plants and other harmful organisms

Violation of phytosanitary requirements and other rules for fight against objects of quarantine of plants and other harmful organisms in case of production, procurement, storage, transportation, conversion, realization and destruction of quarantine products

attracts imposing of penalty on citizens from one to three, and on officials - from three up to five basic settlement sizes.

Non-compliance with phytosanitary measures, including rejection of measures for prevention of distribution of objects of quarantine of plants and other harmful organisms,

attracts imposing of penalty on citizens from one to three, and on officials - from three up to five basic settlement sizes.

The found objects of quarantine of plants and other harmful organisms in the territory which voluntarily addressed to the Agency on quarantine and protection of plants of the Republic of Uzbekistan about carrying out phytosanitary field control and taken urgent measures for localization and liquidation of the revealed centers of their distribution are exempted from the administrative responsibility of person,";

The name and disposition of part one of Article 108 to state 2) in the following edition:

"Article 108. Abuse of regulations of import and export of quarantine products

Abuse of regulations of import to the Republic of Uzbekistan and export from its territory of quarantine products".

Article 2. Bring in the Law of the Republic of Uzbekistan of August 31, 1995 No. 113-I "About quarantine of plants" (in edition of the Law of the Republic of Uzbekistan of July 9, 2018 No. ZRU-484) (Sheets of chambers of Oliy Majlis of the Republic of Uzbekistan, 2018, No. 7, Art. 429; 2020, No. 1, Art. 4; 2021, No. 1, Art. 13, No. 4, Art. 287, appendix to No. 4) following changes and amendments:

The text of Article 3 to state 1) in the following edition:

"In this Law the following basic concepts are applied:

harmful organism - any kind, race or the biotype of plants, animal or pathogenic agents capable to harm plants or vegetable products;

quarantine products - plants, their parts, sowing materials, conversion products, other products and loads which can be carriers of objects of quarantine of plants;

quarantine permission - the document certifying the import permit in accordance with the established procedure on the territory of the Republic of Uzbekistan or transit transportation on its territory of quarantine products, issued by the Agency on quarantine and protection of plants of the Republic of Uzbekistan;

quarantine restrictions - the phytosanitary actions limiting for certain term import to the territory of the Republic of Uzbekistan, export from the territory of the Republic of Uzbekistan, transportation and use of quarantine products for the purpose of prevention of distribution of objects of quarantine of plants;

the phytosanitary certificate - the document of the international sample certifying lack of objects of quarantine of plants in quarantine products;

phytosanitary measures - the procedures directed to prevention of introduction or distribution of objects of quarantine of plants or to restriction of economic impact of regulated not quarantine harmful organisms (survey, the analysis, control, fight, will lock also others);

the analysis of phytosanitary risk - process of assessment of biological, scientific and economic data with the purpose of determination of objects of quarantine of plants and acceptance on them proportional phytosanitary measures;

fumigation - disinfecting of objects of quarantine of plants and other harmful organisms gases of chemical means for the purpose of their destruction;

quarantine of plants - complex of the actions directed to the prevention of penetration, distribution and liquidation of objects of quarantine of plants which can cause damage to agricultural industry and other flora;

object of quarantine of plants (quarantine harmful organism) - the harmful organism which is absent or restrictedly provided in the territory of the Republic of Uzbekistan which distribution can cause significant economic damage and serving as object of fight against quarantine harmful organisms;

carriers of objects of quarantine of plants - vehicles, farm vehicles, tools on processing of the soil, all types of container, separate manufactured goods, packaging means, and also products from plant materials, monoliths, samples of soils and (or) other objects which can promote distribution of objects of quarantine of plants";

Part the second Article 4 to state 2) in the following edition:

"Phytosanitary requirements affirm the Agency on quarantine and protection of plants of the Republic of Uzbekistan (further - the Agency on quarantine and protection of plants)";

3) Article 6 part one:

add with the paragraph the seventh the following content:

"determines procedure for carrying out the analysis of phytosanitary risk, the announcement of zones, free from harmful organisms, and zones with low number of harmful organisms and cancellations of the status of such zones";

to consider the paragraph of the seventh the paragraph the eighth;

The name of Chapter 3 to state 4) in the following edition:

"Chapter 3. System of public service on quarantine and protection of plants. Management of public service on quarantine and protection of plants";

Articles 9 and 10 to state 5) in the following edition:

"Article 9. System of public service on quarantine and protection of plants

The system of public service on quarantine and protection of plants is constituted:

The agency on quarantine and protection of plants;

The agency on quarantine and protection of plants of the Republic of Karakalpakstan, management on quarantine and protection of plants of areas and the city of Tashkent;

district (city) departments of quarantine and protection of plants;

Research institution on quarantine and protection of plants of the Agency on quarantine and protection of plants (further - Research institution on quarantine and protection of plants);

Republican center of the agrochemical analysis;

services on fight against locust and mulberry pyralid in the Republic of Karakalpakstan and areas;

Republican center "Biosifat";

border check-points of foreign economic activity on quarantine of plants, interstate border check-points on quarantine of plants, border check-points on quarantine of plants on intra republican highways, railway stations, at the airports, river port and Item on quarantine of plants at post office.

The agency on quarantine and protection of plants is authorized state body on quarantine and protection of plants.

The agency on quarantine and protection of plants submits to the Cabinet of Ministers of the Republic of Uzbekistan.

The agency on quarantine and protection of plants of the Republic of Karakalpakstan, management on quarantine and protection of plants of areas and the city of Tashkent submit to the Agency on quarantine and protection of plants, and also according to Council of Ministers of the Republic of Karakalpakstan, khokimiyats of areas and the city of Tashkent.

The state inspectors on quarantine of plants of areas and the cities, border check-points of foreign economic activity on quarantine of plants, interstate border check-points on quarantine of plants, border check-points on quarantine of plants on intra republican highways, railway stations, at the airports, river port and Item on quarantine of plants at post office submit respectively to the Agency on quarantine and protection of plants of the Republic of Karakalpakstan, managements on quarantine and protection of plants of areas and the city of Tashkent.

Article 10. Management of public service on quarantine and protection of plants

The management of public service on quarantine and protection of plants of the Republic of Uzbekistan performs the Agency on quarantine and protection of plants.

Management of public service on quarantine and protection of plants in the Republic of Karakalpakstan, areas and the city of Tashkent perform respectively the Agency on quarantine and protection of plants of the Republic of Karakalpakstan, management on quarantine and protection of plants of areas and the city of Tashkent.

Chiefs of the Agency on quarantine and protection of plants of the Republic of Karakalpakstan, managements on quarantine and protection of plants of areas and the city of Tashkent are appointed and dismissed by the Agency on quarantine and protection of plants on representation according to Council of Ministers of the Republic of Karakalpakstan, hokim of areas and the city of Tashkent. The state inspectors on quarantine of plants of areas and the cities are appointed and dismissed by the Agency on quarantine and protection of plants of the Republic of Karakalpakstan, managements on quarantine and protection of plants of areas and the city of Tashkent.

Public service on quarantine and protection of plants in border check-points of foreign economic activity on quarantine of plants, interstate border check-points on quarantine of plants, border check-points on quarantine of plants on intra republican highways, railway stations, at the airports, river port and Item on quarantine of plants at post office is headed by the managers of the respective border check-points of quarantine of plants appointed and dismissed by the Agency on quarantine and protection of plants";

6) in Article 11:

state the name in the following edition:

"Article 11. Powers of the Agency on quarantine and protection of plants";

in part one:

the paragraph one to state in the following edition:

"Agency on quarantine and protection of plants";

the tenth to state the paragraph in the following edition:

"approves regulations on border check-points of foreign economic activity on quarantine of plants, interstate border check-points on quarantine of plants, border check-points on quarantine of plants on intra republican highways, railway stations, at the airports, river port and Item on quarantine of plants at post office, and also about departments of disinfecting (fumigation), services of fight against locust and mulberry pyralid";

in the paragraph the thirteenth the words "special fumigatsionny groups on fight against objects of quarantine of plants" shall be replaced with words "departments of disinfecting (fumigation)";

the nineteenth to state the paragraph in the following edition:

"makes offers on review of the List of the harmful organisms having quarantine value for the Republic of Uzbekistan in the Cabinet of Ministers of the Republic of Uzbekistan";

add with paragraphs the twentieth - the thirtieth the following content:

"carries out the analysis of phytosanitary risk;

develops and applies phytosanitary measures;

determines zones, free from harmful organisms, and zones with low number of object of quarantine of plants, as required are cancelled by the status of such zones;

applies emergency measures in case of identification of the harmful organism constituting potential danger for the territory of the Republic of Uzbekistan or in case of messages on such identifications;

conducts supervision of prevention of delivery on the territory of the Republic of Uzbekistan of harmful organisms in quarantine products, and also the landing material which do not have quarantine value which use can lead to significant economic damage and with respect thereto the phytosanitary measures which are subject to acceptance;

provides reasons on the applied phytosanitary measures (on the basis of the scientific principles and analysis results of phytosanitary risk and international standards on phytosanitary measures);

informs authorized body on quarantine and protection of plants of foreign state on cases of non-compliance with the phytosanitary requirements imposed to the quarantine products exported or re-exported to the Republic of Uzbekistan;

informs authorized body of the importing country on results of verification of claims of the importing country concerning the quarantine products exported from the Republic of Uzbekistan;

develops programs for liquidation of object of quarantine of plants and localization of the center of its distribution at the level of the Republic of Karakalpakstan, areas and the city of Tashkent and submits them for approval of the Cabinet of Ministers of the Republic of Uzbekistan;

determines the country from which the quarantine products on the territory of the Republic of Uzbekistan are imported;

informs authorized body on quarantine and protection of plants of foreign state, the international and regional organizations which member is the Republic of Uzbekistan, the Secretary of the Commission on phytosanitary measures within the Food and Agriculture Organization, the United Nations information on the List of the harmful organisms having quarantine value for the Republic of Uzbekistan the taken phytosanitary and emergency measures";

the second to state part in the following edition:

"The agency on quarantine and protection of plants can perform also other powers according to the legislation";

7) in Article 12:

state the name in the following edition:

"Article 12. Powers of the Agency on quarantine and protection of plants of the Republic of Karakalpakstan, managements on quarantine and protection of plants of areas and the city of Tashkent";

in part one:

the paragraph one to state in the following edition:

"The agency on quarantine and protection of plants of the Republic of Karakalpakstan, management on quarantine and protection of plants of areas and the city of Tashkent";

add with paragraphs the seventh and eighth the following content:

"develop programs for liquidation of object of quarantine of plants and localization of the center of its distribution at the level of areas and the cities and submits them for approval to the Chairman of the board of Ministers of the Republic of Karakalpakstan, hokima of areas and the city of Tashkent;

performs measures for prevention of repeated infection and ensuring compliance of the quarantine products shipped for export, to the drawn-up phytosanitary certificates";

the second to state part in the following edition:

"On quarantine and protection of plants of the Republic of Karakalpakstan, management on quarantine and protection of plants of areas and the city of Tashkent also other powers according to the legislation can perform the agency";

8) in Article 13 of the word "Scientific Center on Quarantine of Plants" shall be replaced with words "Research institution on quarantine and protection of plants";

Shall be replaced with words 9) in part three of Article 14 of the word of "The state inspectorate for quarantine of plants" to "The agency on quarantine and protection of plants";

The text of Article 15 to state 10) in the following edition:

"The CEO of the Agency on quarantine and protection of plants is the Chief state inspector on quarantine of plants of the Republic of Uzbekistan, his first deputy, the deputy and the director of Research institution of quarantine and protection of plants - Deputy Chief state inspectors on quarantine of plants of the Republic of Uzbekistan.

Chiefs of the Agency on quarantine and protection of plants of the Republic of Karakalpakstan, managements on quarantine and protection of plants of areas and the city of Tashkent are the chief state inspectors on quarantine of plants of the Republic of Karakalpakstan, areas and the city of Tashkent.

The state inspectors on quarantine of plants and agronomists-entomologists of areas and cities perform the activities in the corresponding territory.

Agronomists of the Agency on quarantine and protection of plants, the Agencies on quarantine and protection of plants of the Republic of Karakalpakstan, managements on quarantine and protection of plants of areas and the city of Tashkent, district (city) departments of quarantine and protection of plants, managers and agronomists of border check-points of foreign economic activity on quarantine of plants, interstate border check-points on quarantine of plants, border check-points on quarantine of plants on intra republican highways, railway stations, at the airports, river port, and also Item on quarantine of plants at post office, chiefs of departments of disinfecting (fumigation), services on fight against locust and mulberry pyralid of the Republic of Karakalpakstan and areas are the state inspectors on quarantine of plants";

11) in Article 17 part one:

add with the paragraph the sixth the following content:

"exercise supervision over zones, free from objects of quarantine of plants, and zones with low number of objects of quarantine of plants";

to consider the paragraph of the sixth the paragraph the seventh;

12) in Article 18 part one:

in the paragraph the second shall be replaced with words words of "public service on quarantine of plants" "public service on quarantine and protection of plants";

word in paragraph three of "public service on quarantine of plants" shall be replaced with words "public service on quarantine and protection of plants";

word in paragraph four to "public service on quarantine of plants" shall be replaced with words to "public service on quarantine and protection of plants";

13) in Article 19:

in the paragraph the second shall be replaced with words word parts one of "public service on quarantine of plants" "public service on quarantine and protection of plants";

in word part three "public service on quarantine of plants" shall be replaced with words "public service on quarantine and protection of plants";

To add 14) with Article 20-1 of the following content:

"Article 20-1. Phytosanitary measures

Phytosanitary measures are taken by the Agency on quarantine and protection of plants on the basis of the scientific principles and analysis results of phytosanitary risk and international standards on phytosanitary measures.

Phytosanitary measures are subject to revision and updating in process of emergence of new scientific and technical developments and reasons.

The agency on quarantine and protection of plants within twenty four hours declares acceptance, application, removal of phytosanitary measures and notifies on it directly relevant authorized bodies of foreign states.

For the purpose of prevention of distribution of the new harmful organism revealed when importing to the Republic of Uzbekistan of quarantine products, the Agency on quarantine and protection of plants takes and applied emergency temporary phytosanitary measures before implementation of assessment of phytosanitary risk";

To add 15) with Article 21-1 of the following content:

"Article 21-1. Program for liquidation of object of quarantine of plants and localization of the center of its distribution

The program for liquidation of object of quarantine of plants and localization of the center of its distribution is developed by the Agency on quarantine and protection of plants in case of identification of new harmful organism based on the analysis of phytosanitary risk, biological features of object of quarantine of plants and circumstances of its identification, geographical features, factors of seasonal nature and affirms the Cabinet of Ministers of the Republic of Uzbekistan.

The program for liquidation of object of quarantine of plants and localization of the center of its distribution at the level of areas and the cities affirms the Chairman of the board of Ministers of the Republic of Karakalpakstan, hokimama of areas and the city of Tashkent on representation of the corresponding chief state inspectors on quarantine of plants.

The program for liquidation of object of quarantine of plants and localization of the center of its distribution at the level of the Republic of Karakalpakstan, areas and the city of Tashkent affirms the Cabinet of Ministers of the Republic of Uzbekistan on representation of the Chief state inspector on quarantine of plants of the Republic of Uzbekistan";

"Special fumigatsionny groups on fight against objects of quarantine of plants" shall be replaced with words 16) in the text of Article 24 of the word "departments of disinfecting (fumigation)";

Shall be replaced with words 17) in part three of Article 25 of the word "on quarantine of plants" "on quarantine and protection of plants";

The text of Article 26 to state 18) in the following edition:

"Regulatory legal acts, regulating documents in the field of technical regulation in the field of quarantine of plants, including analysis results of phytosanitary risk, phytosanitary requirements, phytosanitary measures, the list of border check-points on quarantine of plants through which import of quarantine products is performed and also data on the quarantinable territories, the events held by public service on quarantine and protection of plants, and other information in the field of quarantine of plants are published in mass media and on the official website of the Agency on quarantine and protection of plants";

19) in Article 27:

in part one of the word "State Inspectorate for Quarantine of Plants" shall be replaced with words "The agency on quarantine and protection of plants";

in word part two of "The state inspectorate for quarantine of plants" shall be replaced with words "The agencies on quarantine and protection of plants";

20) in Article 29:

in parts two and word heel "The state inspectorate for quarantine of plants" shall be replaced with words "The agency on quarantine and protection of plants";

the first offer of part eight to state in the following edition:

"Transfer in post and express departures from foreign countries to the citizens living in the Republic of Uzbekistan including transportation in baggage and hand luggage of quarantine products with high phytosanitary risk, including landing material for landing, inoculation, reproduction, in particular saplings, roots, leaves, shanks, seeds, tubers, bulbs, rhizomes or their parts is forbidden";

the first offer of part twelve to state in the following edition:

"The transit cargoes containing quarantine products are subject to check by public service on quarantine and protection of plants";

21) in Article 32:

state the name in the following edition:

"Article 32. Financing of system of public service on quarantine and protection of plants";

in part one of the word "on quarantine of plants" shall be replaced with words "on quarantine and protection of plants";

the second to exclude part;

speak rapidly the third, fourth and fifth to consider respectively parts two, the third and fourth;

third to state part in the following edition:

"The income from the paid services rendered in area of quarantine of plants is spent for stimulation of workers of system of public service on quarantine and protection of plants, development of its material and technical resources and covering of other costs connected with activities of public service for quarantine and protection of plants";

in part four of the word "on quarantine of plants" shall be replaced with words "on quarantine and protection of plants".

Article 3. To provide to the agency on quarantine and protection of plants of the Republic of Uzbekistan execution, bringing to contractors and explanation among the population of essence and value of this Law.

Article 4. To the Cabinet of Ministers of the Republic of Uzbekistan:

bring decisions of the government into accord with this Law;

provide review and cancellation by state bodies of their regulatory legal acts contradicting this Law.

Article 5. This Law becomes effective after three months from the date of its official publication.

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