RESOLUTION OF THE CABINET OF MINISTERS OF THE KYRGYZ REPUBLIC

of February 16, 2024 No. 66

About additional measures for ensuring quarantine phytosanitary safety

For the purpose of implementation of Articles 6, 13-15 Laws of the Kyrgyz Republic "About quarantine of plants", Item 42 of Chapter IV of the Decision of Council of the Eurasian economic commission "About approval of Single rules and regulations of providing quarantine of plants on customs area of the Eurasian Economic Union" of November 30, 2016 No. 159 and Item 6.5 of Chapter VI of the Regulations on procedure of phytosanitary quarantine control (supervision) on customs border of the Eurasian Economic Union approved by the Decision of the Commission of the Customs union of June 18, 2010 No. 318, according to articles 13, of the 17th constitutional Law of the Kyrgyz Republic "About the Cabinet of Ministers of the Kyrgyz Republic" the Cabinet of Ministers of the Kyrgyz Republic decide:

1. Approve:

1) the Procedure for application of phytosanitary measure - notification according to appendix 1;

2) the Procedure for application of phytosanitary measure for withdrawal, destruction and return of the quarantine products infected with quarantine objects according to appendix 2;

3) the Procedure for the notice of the state body of the executive authority performing functions on control and supervision in the field of quarantine of plants about detection of signs of infection and (or) contamination of quarantine products, quarantinable objects with quarantine objects according to appendix 3;

4) the Procedure for the organization of monitoring of quarantine phytosanitary condition of the territory of the Kyrgyz Republic according to appendix 4;

5) the Procedure for conducting the state phytosanitary quarantine control (supervision) according to appendix 5.

2. To the ministry of water resources, agricultural industry and processing industry of the Kyrgyz Republic exercising the state phytosanitary quarantine control (supervision) to bring the decisions into accord with this resolution.

3. This resolution becomes effective after ten days from the date of official publication.

Appendix 1

to the Resolution of the Cabinet of Ministers of the Kyrgyz Republic of February 16, 2024 No. 66

Procedure for application of phytosanitary measure - notification

Chapter 1. General provisions

1. This Provision determines procedure for application of phytosanitary measure - notification according to the Law of the Kyrgyz Republic "About quarantine of plants", Item 42 of Chapter IV of the Decision of the Eurasian economic commission "About approval of Single rules and regulations of providing quarantine of plants on customs area of the Eurasian Economic Union" of November 30, 2016 No. 159 for the purpose of prevention of import and distribution of quarantine objects in the territory of the Kyrgyz Republic.

2. Notification is performed in case of discrepancy of load to the declared phytosanitary import requirements, including identification of quarantine harmful organisms, discrepancy of the imported load to requirements to documentation for phytosanitary certification, is intended for clarification of the reason of discrepancy, and also directed to prevention of its repeating.

3. Notification is performed by the authorized state body determining state policy in the field of quarantine and protection of plants (further - authorized body in the field of quarantine of plants), based on established facts of discrepancy to phytosanitary requirements.

4. Collection of necessary information and its fixing for notification exercises territorial administration of authorized body in the field of quarantine of plants.

5. Action of this Procedure extends on the legal entities and physical person performing import, transit and the address with the loads containing quarantine products in the territory of the Kyrgyz Republic.

Chapter 2. Basis for notification

6. The basis of application of phytosanitary measure - notification is identification of quarantine harmful organisms in the imported loads, and in other cases of discrepancy, such as:

- violation of phytosanitary import requirements;

- identification of regulated harmful organisms;

- violation of requirements to documentation, including:

lack of phytosanitary certificates;

not certified changes or erasures in phytosanitary certificates;

unauthenticity of information in phytosanitary certificates;

counterfeit phytosanitary certificates;

the loads prohibited to import;

the materials prohibited to import in loads (for example, the soil);

lack of carrying out the ordered processings.

Chapter 3. Procedure and registration of notification

7. In case of identification of violations when importing quarantine products the official of territorial subdivision of authorized body in the field of quarantine of plants performs collection of the relevant information in the following procedure:

- registration date of violation;

- the importing party;

- the exporting party;

- the name of load with the phytosanitary certificate (number of the Social Insurance Fund) corresponding to them or the reference to other documentation, including goods and the scientific name of plant (for vegetable products);

- name of the consignor and consignee.

Besides, collection of the following special information is performed:

- date of examination with the Act of examination, sampling and samples of quarantine products with the corresponding documentation;

- certificate of laboratory quarantine phytosanitary examination;

- the name of the revealed harmful organism;

- the explanation about infectiousness of load (partial or complete), problems with documentation and its discrepancy to phytosanitary requirements;

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