ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of November 17, 2014 No. 970

About approval of the Regulations on creation and functioning of single window for issue of the phytosanitary certificate on export/re-export

According to Law No. 161 provisions of July 22, 2011 on implementation of single window in implementation of business activity (The official monitor of the Republic of Moldova, 2011, Art. No. 170-175, 496) DECIDES: the Government

Approve Regulations on creation and functioning of single window for issue of the phytosanitary certificate on export/re-export it (is applied).

Prime Minister

Iurie Leanca

Countersigns: Minister of Agriculture and food industry

Vasile Bumakov

Approved by the Order of the Government of the Republic of Moldova of November 17, 2014 No. 970

Regulations on creation and functioning of single window for issue of the phytosanitary certificate on export/re-export

The regulations on creation and functioning of single window on export/re-export (further – the Provision) are developed for issue of the phytosanitary certificate in compliance by Law No. 161 provisions of July 22, 2011 on implementation of single window in implementation of business activity (The official monitor of the Republic of Moldova, 2011, Art. No. 170-175, 496), the Law No. 160 of July 22, 2011 on regulation of business activity by permission (The official monitor of the Republic of Moldova, 2011, Art. No. 170-175, 494), the Law No. 228 of September 23, 2010 on protection of plants and phytosanitary quarantine (The official monitor of the Republic of Moldova, 2010 No. 241-246, of the Art. 748), the Orders of the Government No. 778 of October 4, 2013. "About some measures for implementation of single window in implementation of business activity" (The official monitor of the Republic of Moldova, 2013, Art. No. 222-227, 883).

I. General provisions

1. The purpose of this provision consists in:

1) creation of single procedures and regulations of interaction of competent public organizations in case of issue of the phytosanitary certificate on export/re-export of vegetable products (further – the phytosanitary certificate);

2) combination of the accompanying procedures provided by the Law No. 228 of September 23, 2010 on protection of plants and phytosanitary quarantine for receipt of the phytosanitary certificate;

2. Subject of this provision is:

1) simplification of procedures of receipt of allowing documents by the physical persons and legal entities performing export of vegetable products (further - applicants);

2) use of single window for issue of allowing documents according to regulations on single window.

II. Responsible bodies

3. The bodies and organizations involved in accomplishment of this provision are:

1) Ministry of Agriculture and food industry;

2) the National agency on safety of foodstuff;

3) state company "Center of Quarantine, Identification, Arbitral Examinations and Disinfection of Products".

III. Action of provision

4. Requirements of this provision are applied to the allowing documents and procedures connected with issue of the phytosanitary certificate / certificate on re-export and extend to the following allowing documents:

1) the certificate on observance of rules of application of means of phytosanitary appointment and the means increasing fertility of soils upon the demand of the importing country;

2) phytosanitary certificate of country of source

in case of issue of the phytosanitary certificate on re-export;

3) the certificate of quarantine examination of the exported plants and the vegetable products falling under the quarantine phytosanitary mode, intended for export;

4) the act of phytosanitary control of products of plant origin and the vehicle upon the demand of the importing country.

IV. Creation and functioning of single window

5. For issue of all allowing documents specified in Chapter III the single window of the mixed type in all territorial subdivisions of the National agency on safety of foodstuff is created.

6. Activities of single window will be organized by the head of territorial subdivision of the National agency on safety of foodstuff within which it is created.

7. The operating mode of single window and the state company "Center of Quarantine, Identification, Arbitral Examinations and Disinfection of Products" is established so that to provide need for check and accomplishment of all requests for issue of allowing documents, especially in the period of season of intensive export.

V. Procedure of issue of the phytosanitary certificate

8. For receipt of the phytosanitary certificate the applicant submits the application in single window in radius of arrangement of warehousing of the load intended for export or re-export, one of the following methods:

1) personally (or through the authorized representative);

2) registered mail;

3) e-mail (in electronic form with the digital signature);

4) electronically by means of specialized information systems of communication and electronic data exchange (at the time of program implementation of reforming of service).

9. The statement on issue of the phytosanitary certificate is the request for initiation of all accompanying procedures for issue of additional allowing documents (control of documents, control of identification and physical cargo control with sampling, and also laboratory examination).

10. For each applicant in case of the first address to single window and filing of application on issue of the phytosanitary certificate the technical file is constituted.

11. The technical file contains the documents provided in Item 14 of this provision and the allowing documents issued during activities of the corresponding applicant.

12. The file is stored in need of electronic format or on paper.

13. If the necessary document for issue of the allowing document contains in the personal file of the applicant and is valid, there is no need for its repeated representation.

14. According to legislative arrangements necessary copies of the following documents are enclosed to the application:

1) the certificate on observance of rules of application of means of phytosanitary appointment and the means increasing fertility of soils, upon the demand of the importing country, issued by the relevant territorial subdivision of the National agency on safety of foodstuff;

2) the phytosanitary certificate of country of source in case of re-export;

3) the copy of the purchase and sale agreement or other legal act based on which export or re-export of plants, vegetable products or the accompanying objects falling under the quarantine phytosanitary mode is performed;

4) copy of the tax or commodity-transport freight bill;

5) the certificate of quarantine examination and the protocol of laboratory researches issued according to this Provision;

6) the quality certificate issued by accredited laboratory in case of export of grain.

15. In case of submission of the statement electronically the scanned copies of documents are also attached electronically.

16. If one or several documents necessary for issue of the phytosanitary certificate were provided by the applicant earlier and at the moment did not lose the action, then there is no need for their repeated representation for receipt of other certificate. In this case in the statement the mark about the previous date of their representation becomes.

17. The statement for receipt of the phytosanitary certificate will contain only data on these documents, and also number, date of the sale and purchase agreement and number of tax delivery note.

18. Procedures of issue of the control act of products and the vehicle, and also receipt of the certificate of quarantine examination in single window are described Items 22, 23 and 24 this provision.

19. The application for issue of the phytosanitary certificate is considered according to the procedure, established by this Provision.

20. If issue of one/several additional allowing documents specified in Item 14 of this provision is necessary for receipt of the phytosanitary certificate, the procedure of their registration is performed by means of single window in the corresponding territory, without obligatory representation from the applicant of the additional statement.

21. The statement can be rejected in case of failure to carry out of the conditions established in Item 14 of this provision.

22. The organization of control of products and vehicle is in competence of the serving single window – inspectors of the relevant territorial subdivision of the National agency on safety of foodstuff responsible for execution of the phytosanitary certificate which for this purpose:

1) adopts the statement for receipt of the phytosanitary certificate;

2) exercises phytosanitary control, selects and transfers the samples necessary for conducting quarantine examination;

3) is drawn up if necessary by the act of carrying out phytosanitary control of products and the vehicles and other accompanying objects falling under the quarantine phytosanitary mode after the corresponding control;

4) is applied by the control act to the file with the statement and documents necessary for receipt of the phytosanitary certificate.

23. The organization of quarantine examination is in competence of the serving single window.

24. For the purpose of the organization of examination:

The tests which are selected as a result of control of products and the vehicle and the sampling report for conducting quarantine examination the employee of single window sends 1) to GP "Center of Quarantine, Identification, Arbitral Examinations and Disinfection of Products";

2) GP "Center of Quarantine, Identification, Arbitral Examinations and Disinfection of Products" accepts the tests given by the inspector of the relevant territorial subdivision of the National agency on safety of foodstuff;

3) after carrying out laboratory studying and researches, GP "Center of Quarantine, Identification, Arbitral Examinations and Disinfection of Products" is drawn up by the protocol of research and the certificate of quarantine examination for the exported plants and the vegetable products falling under the quarantine phytosanitary mode and sends them to the employee of single window electronically by e-mail or the fax or by means of other special information system;

4) the employee of single window receives the certificate of quarantine examination and the protocol of laboratory researches and applies them to the file with the statement and documents necessary for receipt of the phytosanitary certificate.

VI. Payment and terms of issue of the phytosanitary certificate

25. The phytosanitary certificate is issued till 5 days, in the presence at the serving single window of the completed file.

26. Any payment for issue of allowing documents shall be provided in the List of allowing documents from appendix to the Law No. 160 of July 22, 2011 on regulation of business activity by permission and is brought to the attention of applicants by its placement on the official web page of the National agency on safety of foodstuff.

27. The applicant pays the fixed payment or the payment calculated depending on compound quantity into the account specified on the official web page of the National agency on safety of foodstuff and encloses payment confirmation to the application for issue of the allowing document.

28. The applicant intending to receive several allowing documents for the certain period having the right to make advance payment for several allowing documents. In this case in case of the first submission of the statement payment confirmation is applied, and in case of subsequent applications number and document date by means of which advance payment is made are specified execution of the allowing document. The issuing body records payments in the technical file of the applicant.

29. GP "Center of Quarantine, Identification, Arbitral Examinations and Disinfection of Products" bears responsibility for issue of tax delivery notes on rendering laboratory services by means of the registered mail or the information system E-Factura or personally to the applicant on paper.

VII. Responsibility

30. Including ensuring correctness and completeness of information, registration and transfer of personal data, the employees involved in activities of single window bear the disciplinary and/or administrative responsibility for violation of requirements of this provision.

31. Applicants can provide claims about activities of single window to the Ministry of Agriculture and the food industry or the National agency on safety of foodstuff, according to their functional competence which shall provide adherence to deadlines of consideration and pronouncement of decisions according to addresses of applicants according to provisions of the current legislation.

32. In case of violation by one of the serving specified bodies of requirements of this provision those in writing urgently inform concerned parties, and if necessary cover expenses and damage suffered. In this situation the employee of body bears responsibility according to provisions of the current legislation and departmental regulations.

 

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info