ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of July 22, 2011 No. 558

About urgent measures in phytosanitary area according to the prevention of import and distribution in the Republic of Moldova of some organisms harmful to the plants, vegetable products and other accompanying objects falling under the quarantine phytosanitary mode

For the purpose of realization of provisions of the Law No. 228 of September 23 2010, years about protection of plants and phytosanitary quarantine (The official monitor of the Republic of Moldova, 2010, Art. No. 241-246, 748) DECIDES: the Government

1. Approve:

1) Urgent measures according to the prevention of import and distribution in the Republic of Moldova Anoplophora chinensis (Forster) according to appendix No. 1;

2) Temporary urgent measures in phytosanitary area according to the prevention of import and distribution in the Republic of Moldova Phytophthora ramorum Werres, De Cock & Man in’t Veld sp. nov according to appendix No. 2;

3) it is excluded;

4) Protective measures according to the prevention of distribution of Pseudomonas solanacearum (Smith) of Smith according to appendix No. 4;

5) ceased to be valid; 

6) Urgent measures according to the prevention of distribution in the Republic of Moldova Bursaphelenchus xylophilus (Steiner and Buhrer) Nickle et al. (pine wood nematode) according to appendix No. 6;

7) ceased to be valid;

8) ceased to be valid;

9) ceased to be valid;

10) ceased to be valid;

11) it is excluded;

12) Temporary urgent measures according to the prevention of import and distribution in the Republic of Moldova Gibberella circinata Nirenberg & O’Donnell according to appendix No. 12;

13) ceased to be valid;

14) ceased to be valid;

15) ceased to be valid;

16) ceased to be valid;

17) Urgent measures according to the prevention of import and distribution of harmful organisms of Epitrix cucumeris (Harris), Epitrix similaris (Gentner), Epitrix subcrinita (Lec.) and Epitrix tuberis (Gentner), according to appendix No. 17;

18) ceased to be valid; to appendix No. 18;

19) Regulations on measures for prevention of import and distribution in the Republic of Moldova Xylella fastidiosa (Wells et al.), according to appendix No. 19.

2. This resolution becomes effective on January 1, 2012.

3. To impose control over the implementation of this Resolution on the National agency on safety of foodstuff.

Prime Minister

Vladimir Filat

Countersigns: Minister of Agriculture and food industry

Vasile Bumakov

Appendix №1

to the Order of the Government of the Republic of Moldova of July 22, 2011 No. 558

Urgent measures according to the prevention of import and distribution in the Republic of Moldova Anoplophora chinensis (Forster)

Urgent measures according to the prevention of import and distribution in the Republic of Moldova of Anoplophora chinensis (Forster) of Anoplophora chinensis (Forster) (further – Measures) shift Urgent measures according to the prevention of import and distribution in the Republic of Moldova for enforcement of the Decision of the Commission 2012/138/EC of March 1, 2012 about urgent measures according to the prevention of import and distribution in the European Union of Anoplophora chinensis (Forster) published in the Official magazine of the European Union by L 064 of March 3, 2012, page 38.

Section 1. General provisions

1. These Measures establish the minimum actions which need to be undertaken for the prevention of import and distribution in the Republic of Moldova of Anoplophora chinensis (Forster).

2. In sense of these Measures the used concepts have the following values:

production site – any area or group of the sites used as one agricultural production unit. The production site can include production sites which monitoring is performed separately in the phytosanitary purposes;

the specified organism – Anoplophora chinensis (Forster), the wrecker of the Cerambycidae family;

the specified plants – plant for disembarkation with diameter of stalk or neck cm 1,0 in the most developed part of stalk or neck, except for suffices seeds of types: Acer spp., Aesculus hippocastanum, Alnus spp., Betula spp., Carpinus spp., Citru spp., Cornus spp., Corylu spp., Cotoneaster spp., Crataegus spp., Fagus spp., Lagerstroemia spp., Malus spp., Platanus spp., Populus spp., Prunus laurocerasus, Pyrus spp., Rosa spp., Salix spp. and Ulmu spp.;

international standards on phytosanitary measures – reference standards (ISPM) of the Secretariat of the International convention on protection of plants (IPPC).

Section 2. Import of the specified plants coming from other states except China

3. Import of the specified plants coming from other states except China who are known that at them there is specified organism, it can be made to the Republic of Moldova only in case of observance of the following conditions:

1) conform to the requirements characteristic of import provided in Item 1 of appendix No. 1 to these Measures;

2) during import they were inspected by the National agency on safety of foodstuff (further – the Agency) according to requirements of Item 2 of appendix No. 1 to these Measures for identification of presence of the specified organism and if any symptom of the specified organism was not found.

4. Import of the specified plants coming from China is allowed in case of observance of the following conditions:

1) conform to the requirements characteristic of import provided in Item 3 of appendix No. 1 to these Measures;

2) were inspected by inspectors of boundary posts of veterinary and sanitary and phytosanitary control according to Item 2 of appendix 1 to these Measures for identification of presence of the specified organism and if any symptom of the specified organism was not found;

3) production site of plants:

a) is confirmed by the single registration number assigned by national authority of China in phytosanitary area;

b) it is brought in the last updated version of the Register;

c) within the last two years was not subject of the message to the Agency on removal from the Register;

d) within the last two years was not subject of the message to the Agency from inspectors of boundary posts of veterinary and sanitary and phytosanitary control as it is provided in Item 7.

5. Acer spp type plants. are imported with observance of the requirements specified in item 4 to these Measures.

6. The agency based on the notification the Chinese side conducts and updates the Register of the production sites from China confirmed as free from the specified organism according to subitem provisions 2) of Item 3 of appendix No. 1 to these Measures.

7. If the Agency has the evidence from other sources, others, than formal notices that the production site included in the Register does not conform to requirements of the subitem 2) of Item 3 of appendix No. 1 to these Measures or that the specified organism was found in the specified plants imported from this production site, the Agency within two working days informs boundary posts of veterinary and sanitary and phytosanitary control on this production site and places the relevant information on the official web page.

Section 3. Requirements to movement of the specified plants in the Republic of Moldova

8. The specified plants coming from the zones of restriction for the territories of the Republic of Moldova established according to provisions of Items 13 and 14 of these Measures move on the territory of the country only in case of accomplishment of the conditions provided in Item 5 of appendix No. 2 to these Measures.

9. The specified plants which were not grown up in restriction zones, but were imported into such zones, move to the territories of the Republic of Moldova only in case of accomplishment of the conditions provided in Item 6 of appendix No. 1 to these Measures.

10. The specified plants imported from other states according to Items 3-7 of these Measures in which presence of the specified organism was established move in the country on the conditions provided in Item 7 of appendix No. 1 to these Measures.

Section 4. Monitoring and the notification on the specified organism

11. The agency carries annually out official monitoring for the purpose of detection of presence of the specified organism and establishment of infection with harmful organism of plants owners in the territory of the country and reports to the central industry body in the field of agricultural industry and to national authorities in the field of neighboring states about results of monitoring annually till April 30.

12. The agency within five days, including in writing, informs the central industry body in the field of agricultural industry and national authorities in the field of neighboring states on presence of the specified organism at zone in the territory of the country in which it was not known of presence of the specified organism earlier or was considered that the specified organism was liquidated or if infection was revealed on type of plant which was not known as host plant earlier.

Section 5. Restriction zones

13. If results of the monitoring provided in Item 11 these Mer confirm presence of the specified organism at certain zone or if there are proofs of its presence, the Agency establishes without delay the restriction zone consisting of the infected and buffer zone according to the Section 1 of appendix No. 2 to these Measures.

14. The agency does not establish restriction zone as 13 these Measures are stipulated in Item, in case of accomplishment of the conditions provided in Item 5 of appendix No. 2 to these Measures. In this case the measures provided in Item 6 of appendix No. 2 to these Measures are undertaken.

15. In zones of restriction measures according to the requirements provided in the Section 3 of appendix No. 2 to these Measures are undertaken.

16. The agency establishes terms for enforcement of the measures provided in Items 14 and 15.

Section 6. Reporting

17. The agency within 30 days from the moment of the message provided in Items 11 and 12 this Mer submits the report to the central industry body in the field of agricultural industry and to national authorities in the field of neighboring states about the measures taken and planned to acceptance.

18. The report includes the description of zone of restriction, in case of its establishment, data on its arrangement, the card with zones of restriction, data on current status of organism, and also on the measures taken according to the requirements to movement of the specified plants within the country provided in Items 8-10 of these Measures, arguments and criteria which are the basis for the taken measures. If the zone of restriction was not established according to Item provisions 14 these Mer, the report includes the confirmatory data and elements provided in Item 5 of appendix No. 2 to these Measures.

19. Annually, till April 30, the Agency places on the official web page and reports to national authorities in the field of neighboring states the report including the updated list of the zones of restriction established according to Items 13 and 14 of these Measures including information on their description and arrangement, the card with restriction zones and also the measures taken or planned for implementation.

Appendix №1

to Urgent measures according to the prevention of import and distribution in the Republic of Moldova Anoplophora chinensis (Forster)

Special requirements to import

Section 1. Import of the plants coming from other countries except China

1. Without causing damage to provisions of appendix No. 2 to the Order of the Government No. 356 of May 31, 2012 and appendix to the Order of the Government No. 594 of August 2, 2011, the specified plants coming from other countries except China who are known that at them there is specified organism, are followed by the phytosanitary certificate, and in the heading "Additional Declaration" the following is specified:

1) plants were grown up throughout all their life in the production site registered and controlled by national authority in phytosanitary area in country of source, located in zone, free from harmful organisms established by relevant organ according to international standards on phytosanitary measures. The name of zone, free from harmful organisms, is specified in the heading "Place of Origin";

2) plants were grown up within at least two years before export or in case of plants is younger than two years, it is specified that they were grown up throughout all their life in the production site established as free from Anoplophora chinensis (Forster), according to international standards on phytosanitary measures:

a) which was registered and it is controlled by national authority in phytosanitary area in country of source;

b) which annually was subject at least two official careful inspections for the purpose of detection of any symptom of Anoplophora chinensis (Forster) which are carried out in phases of development of harmful organism as a result of which any of symptoms of organism was not found; and c) which is completely protected, from the physical point of view, from penetration of organism of Anoplophora chinensis (Forster) or in which the corresponding preliminary processings or which is surrounded with buffer zone with a radius at least two kilometers where official checks for the purpose of detection of presence of organism of Anoplophora chinensis (Forster) or its symptoms according to phases of development of the specified organism are annually carried out are applied. In case of detection of symptoms of Anoplophora chinensis (Forster) measures for liquidation for the purpose of giving to buffer zone of the status of zone, free from this organism are without delay undertaken;

d) in which without delay before export of batch of plants were subjected to official careful inspection for the purpose of identification of presence of the specified organism, in particular, in roots and stalks of plants. Inspection includes sampling by destructive method. The amount of test shall allow to find, at least, 1% of infection level with accuracy of 99%;

3) plants were grown up from the stocks answering to subitem conditions 2) of this Section and were imparted by the shanks satisfying the following conditions:

a) at the time of export vaccinated shanks constituted no more than 1 cm in the diameter in the most developed part;

b) vaccinated plants were inspected according to d letter provisions) the subitem 2) of this Section.

2. The specified plants imported according to Item provisions 1, are exposed to careful inspection on boundary posts of veterinary and sanitary and phytosanitary control, at the same time the procedure of inspection shall provide detection of any symptom of the specified organism, in particular, in roots and stalks of plants. Inspection includes sampling by destructive method. The amount of the inspected test shall allow to find, at least, 1% of infection level with accuracy of 99%.

Section 2. Import of the plants coming from China

3. Without causing damage to provisions of appendix No. 2 to the Order of the Government No. 356 of May 31, 2012 and appendix to the Order of the Government No. 594 of August 2, 2011, the specified plants coming from China are followed by the phytosanitary certificate, and in the heading "Additional Declaration" the following is specified:

1) plants were grown up throughout all their life in the production site registered and controlled by national authority of China in phytosanitary area, and located in zone, free from harmful organisms established according to international standards on phytosanitary measures. The name of zone, free from harmful organisms, is specified in the heading "Place of Origin";

2) plants were grown up within at least two years before export or, in case of plants is younger than two years, it is specified that they were grown up throughout all their life in the production site established as free from Anoplophora chinensis (Forster), according to international standards on phytosanitary measures, which:

a) it was registered and is controlled by national authority of China in phytosanitary area;

b) annually at least two official inspections for the purpose of detection of any symptom of Anoplophora chinensis (Forster) which are carried out in phases of development of the specified organism as a result of which any of symptoms of organism was not found were subject;

c) it is completely protected, from the physical point of view, from penetration of organism of Anoplophora chinensis (Forster) or in which necessary preliminary processings were applied, it was surrounded with buffer zone with a radius at least two kilometers in which official checks for the purpose of detection of presence of symptoms of Anoplophora chinensis (Forster) according to phases of development of the specified organism are annually carried out. In case of detection of symptoms of Anoplophora chinensis (Forster) measures for liquidation for the purpose of giving to buffer zone of the status of zone, free from the corresponding organism are without delay undertaken;

d) in which, without delay before export, batches of plants were subjected to official careful inspection with sampling by destructive method for each batch for the purpose of identification of presence of organism of Anoplophora chinensis (Forster), in particular, in roots and stalks of plants. The amount of test shall allow to find, at least, 1% of infection level with accuracy of 99%.

3) plants were grown up from the stock answering to subitem conditions 2) and were imparted by the shanks corresponding to the following conditions:

a) at the time of export vaccinated shanks constituted no more than 1 cm in the diameter in the most developed part;

b) vaccinated plants were inspected according to d letter provisions) the subitem 2) of this Section;

4) registration number of production site.

4. The specified plants imported according to Item provisions 3 presents of appendix are exposed to careful inspection on boundary posts of veterinary and sanitary and phytosanitary control. The applied procedures of inspection, including sampling by destructive method on each batch, are designed to provide identification of any symptom of the specified organism, in particular in roots and stalks of plants. The amount of test shall allow to find, at least, 1% of infection level with accuracy of 99%.

Sampling by destructive method is performed at the level established in the table:

Section 3. Conditions of movement of the specified plants

5. The specified plants coming from zones of restriction for the territories of the Republic of Moldova move in the country accompanied by the phytosanitary passport constituted and issued according to article 29 of the Law No. 228 of September 23, 2010 on protection of plants and phytosanitary quarantine provided that they were grown up within at least two years before movement, or in case of plants is younger than two years which were grown up throughout all their life in production site:

1) registered according to article 24 of the Law No. 228 of September 23, 2010;

2) annually subjected to two official careful inspections for the purpose of detection of any symptom of the specified organism performed according to development phases as a result of which symptoms of the specified organism were not found. If necessary check includes also sampling of roots and stalks of plants by destructive method, at the same time the amount of test shall allow to find, at least, 1% of infection level with accuracy of 99%;

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