Plant Quarantine

Original Language Title: О карантине растений

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Plant quarantine (statements of the Mejlis of Turkmenistan, 2009 г., no. 3, art. 55) (with changes and additions made by the Turkmenistan law dated 12.01.2016 № 331-V) this law determines the legal basis and principles for the implementation of Government measures to protect the territory of Turkmenistan against the penetration of foreign States quarantine and other dangerous pests, plant diseases and weeds that could undermine the economy of the State.
 
Chapter i. General provisions article 1. The basic concepts used in this law are used in this law the following concepts: 1) plant quarantine (phytosanitary protection) legal regime providing for a system of State measures to protect plant resources of the country and products of plant origin from contamination and identifiable from other States, as well as from the quarantine zone country quarantine objects and, in the case of their distribution-localization and elimination of foci of their distribution;
2) rules and regulations ensure the plant quarantine-normative legal acts, normative-technical and methodic documentation to ensure quarantine of plants;
3) State quarantine phytosanitary control events to detect quarantine objects, establish phytosanitary State of quarantine objects that implement the State quarantine phytosanitary supervision over observance of the legislation of Turkmenistan in the field of plant quarantine rules and norms for plant quarantine;
4 plant quarantine) control-activities undertaken by officials authorized plant quarantine authority for verifying compliance of the rules, regulations and instructions on plant quarantine;
5) regulated products (podkarantinnyj statute material objects)-any plant, plant product, storage place, packaging, vehicle, containers, soil and any other organism, object or material capable to serve as a place of shelter or promote harmful organisms spread, and in respect of which the adoption of SPS measures;
6) regulated products-quantity of homogeneous products, located in one place and intended to send one vehicle at one destination one recipient;
7) vegetable-nepererabotannyj material of vegetable origin (including grain), as well as processed products, which by their nature or method of processing can create the risk of introduction and spread of harmful organisms;
8) introduction-the penetration of harmful organism, followed by its acclimatization;
9) import quarantine permission document authorizing entry into Turkmenistan, as well as for transit through the territory of Turkmenistan of regulated products under the conditions prescribed by a duly authorized body;
10) a phytosanitary certificate is an official document certifying the quarantine status of export of regulated products;
11) phytosanitary certification phytosanitary procedures application leading to issuance of a phytosanitary certificate;
12) quarantine pest type object, the causative agent of plant diseases or weeds, which is missing or partially spoken on the territory of Turkmenistan, but can be entered or may enter yourself and cause significant damage to plants and plant products;
13) hotbed of quarantine object-territory, which revealed a quarantine facility, and where should be undertaken or implemented actions on localization and liquidation of quarantine facility;
14) quarantine zone-area declared in the prescribed manner under quarantine in connection with the identification of quarantine facility;
15) quarantine phytosanitary measures-measures to prevent infiltration into the territory of Turkmenistan and (or) the spread of harmful organisms on it;
16) introdukcionno-quarantine kennels-nurseries for specially equipped to identify the passenger in an import and stock the concealed infection quarantine objects and other particularly dangerous harmful organisms;
17) infection-presence in regulated products living organism harmful to plants or plant products;
18) supervision-the official process of collecting and recording data on the presence or absence of the harmful organism in this area through surveys;
19) also includes re-export phytosanitary goods-goods imported to the country from which he subsequently exported;
20) biological fight-strategy to combat harmful organisms, based on the use of living natural enemies, antagonists, competitors or other self-replicating organisms;
21) biological control agent-natural enemy, antagonist, competitor or other biological organism reproducing itself, used in the fight against harmful organisms;
22) antagonist-body, not causing significant harm to the host, but colonization which protects the last master from serious damage by harmful organism;
23) competitor-the body, competing with harmful organism for basic elements of Wednesday (e.g. food, shelter);
24) pest-any kind, variety or biotype of plant, animal or pathogenic agent injurious to plants or plant products;

25) pathogen-pathogen, calling the disease;
26) fumigation Division Department authorized State plant quarantine authority performing the decontamination of regulated products by gas disinsection, chemical and other types of processing;
27) phytosanitary risk-the likelihood of introduction and spread of the harmful organism and the scale of the potential economic impacts;
28) phytosanitary regime installed on the legal basis of the set of rules governing a territory and within a certain time the system of measures to prevent the introduction and/or spread of quarantine harmful organisms.
 
Article 2. The legislation of Turkmenistan in the field of plant quarantine of plant quarantine laws of Turkmenistan is based on the Constitution and consists of this law, other regulatory legal acts of Turkmenistan concerning plant quarantine.
 
Article 3. The main tasks of plant quarantine of plant quarantine main tasks are: 1) the protection of the territory of Turkmenistan from entering and self penetration outside the quarantine and other dangerous pests, plant diseases and weeds which could cause significant economic damage to the national economy;
2) timely detection, localization and liquidation of quarantine on the territory of Turkmenistan and other dangerous pests, plant diseases and weeds, as well as preventing them entering the territory, where they do not exist;
3) ensuring State control over observance of the legislation of Turkmenistan in the field of plant quarantine and established rules and norms;
4) plant quarantine measures in production, harvesting, transportation, storage, recycling, sale and use of agricultural and other products of plant origin.
 
Article 4. State plant quarantine measures by State plant quarantine measures on the territory of Turkmenistan are: 1) ensuring protection of plant resources and products of vegetable origin from damage and destruction of the quarantine objects in order to maintain food and commodity security;
2) State regulation and control over observance of the legislation of Turkmenistan on plant quarantine;
3) analysing the phytosanitary risk and an objective, scientifically sound assessment of the possible impact of quarantine objects for vegetable resources and products of vegetable origin, as well as the prevention of causing them harm;
4) active participation of juridical and physical persons, enterprises, public administrations, local executive bodies and local governments in carrying out activities on plant quarantine;
5) international cooperation in the field of plant quarantine on the basis of the relevant treaties.
 
CHAPTER II. State regulation in the field of plant quarantine Article 5. State administration bodies in the field of plant quarantine state management in the field of plant quarantine implement the Cabinet of Ministers of Turkmenistan, Ministry of agriculture and water management, the State authorized body on plant quarantine, local executive bodies and local governments in the manner prescribed by the legislation of Turkmenistan.
 
Article 6. Competence of the Cabinet of Ministers of Turkmenistan within the competence of the Cabinet of Ministers of Turkmenistan in the field of plant quarantine includes: 1), the definition of public policies in the field of plant quarantine and phytosanitary control;
2) adoption of national programmes on plant quarantine and phytosanitary control;
3) adoption of international cooperation programmes on plant quarantine and phytosanitary control and organization;
4) exercise other powers in accordance with this law and other normative legal acts of Turkmenistan in the field of plant quarantine.
 
Article 61. The competence of the Ministry of agriculture and water management of Turkmenistan within the competence of the Ministry of agriculture and water management of Turkmenistan in the field of plant quarantine includes: 1) the implementation of State policy in the field of plant quarantine and phytosanitary control;
2) adoption of the rules on the foreign plant quarantine in Turkmenistan and the list of quarantined objects;
3) adoption of provisions on the symbolism of the authorized State body on plant quarantine and special clothing employees upon agreement with the Cabinet of Ministers of Turkmenistan;
4) setting on the submission of the authorized State body on quarantine of plants quarantine zone with the introduction of the quarantine mode or its abolition in the territory of two or more regions;
5) approval of draft regulations and guidance on matters within their competence, in agreement with the Cabinet of Ministers of Turkmenistan;
6) presentation on the instructions of the Cabinet of Ministers of Turkmenistan interests of Turkmenistan on plant quarantine in international organizations;
7) exercise other powers in accordance with this law and other normative legal acts of Turkmenistan in the field of plant quarantine.
 
Article 7. Competence of the authorized State body on plant quarantine
 

1. Authorized State body on plant quarantine: 1) analyzes the phytosanitary risk and, on this basis, develops and submits for approval to the Ministry of agriculture and water management of Turkmenistan List quarantine objects that are established and implemented state plant quarantine measures;
2) coordinates the activities of legal entities and individuals to implement phytosanitary regulations, directives and general recommendations on the application of measures for combating the spread of plant diseases;
3) conducts a survey of plants in the period of vegetation, including arable zones and dikorastuŝuû flora, as well as stored or transported plants and plant products to collect information on the distribution and breeding centers of quarantine facilities, as well as to control quarantine facilities;
4) conducts accounting spread of quarantine facilities and provides information to interested parties;
5) establishes and abolishes the quarantine zone, quarantine mode;
6) develops on matters within its competence, the draft regulations and guidelines and submit them for approval to the Ministry of agriculture and water management;
7) develops the quarantine conditions for import of seeds, plants and plant products industrial goods from other States, transport these products inside Turkmenistan, the terms and conditions of use;
8) oversees the trust and rational use of appropriations and material resources allocated to quarantine;
9) provides quarantine inspection, laboratory expertise and phytosanitary inspection of imported regulated products;
10) organizes and carries out decontamination of regulated products, as well as means of transport in accordance with the rules and regulations on plant quarantine;
11) inspects imported seed and planting podkarantinnogo in introdukcionno-quarantine kennels;
12) is developing jointly with scientific organizations quarantine measures on the basis of international standards and recommendations and oversees their implementation of legal and physical persons;
13) gives a phytosanitary certificates and phytosanitary certificates for re-export, import quarantine permission for regulated products;
14) carries out phytosanitary certification of plants and plant products èksportiruûŝihsâ from Turkmenistan.
2. In the system of the authorized State body on plant quarantine include: 1) Central and regional, city, district and mežètrapskie services;
2) border crossing points on plant quarantine;
3) Central Quarantine Laboratory;
4) fumigation Division;
5) introdukcionno-quarantine kennel.
 
3. the officers of the authorized State body on plant quarantine are State plant quarantine inspectors and uniforms are provided in the order established by the legislation of Turkmenistan.
As public inspectors in accordance with the standard structure as authorized State plant quarantine authority and its bodies on the ground, replaced by persons graduated from institutions of higher and secondary vocational training institutions in the areas of training of specialists of Agronomy, animal husbandry and veterinary science. Government inspectors compulsory certification once every three years, as well as at entry in the system of plant quarantine and in promotion to higher office.
4. Ministry of agriculture and water management of Turkmenistan defines the need for specialists in the field of plant quarantine and training them as in the respective educational institutions of Turkmenistan and foreign States in the procedure established by the Cabinet of Ministers of Turkmenistan.
Qualification improvement of the plant quarantine officers is carried out both on the basis of the authorized State body on plant quarantine, and on the basis of relevant institutions of higher and secondary vocational schools.
5. Authorized State plant quarantine authority carries out its activities in cooperation and in close collaboration with the border, customs, law enforcement and other State bodies.
6. Authorized State plant quarantine authority gives a quarantine permit and inspect cargoes delivered to Turkmenistan seeds, planting material and other controlled regulated plant products, as well as the Statute now loads in transit through the territory of Turkmenistan.
The decision of the authorized State body on quarantine of plants taken within its competence, are binding on corporations and individuals.
 
Article 8. The competence of the local authorities and local self-government bodies in the field of plant quarantine local executive bodies and local governments: 1) provide to the authorized State body on plant quarantine and its bodies on a non-reimbursable basis the conditions to carry out the functions entrusted to them by the legislation of Turkmenistan;

2) organize and conduct joint monitoring of quarantine activities in sea and river ports, harbours, railway stations, airports, postal enterprises, markets, bus stations, bus stations and other quarantine objects;
3) take a decision on the establishment of the subordinated territories quarantine zones with the introduction of the quarantine mode or its abolition on presentation of the authorized State body for plant quarantine.
 
CHAPTER III. The provision of plant quarantine Article 9. Protection of the territory of Turkmenistan of quarantine objects 1. Importation into the territory of Turkmenistan of regulated products is permitted if there are documents on the importation of these products, as well as the documents certifying the conformity of such products with the requirements of international treaties to which Turkmenistan is a party concerning plant quarantine rules and norms for plant quarantine.
2. it is prohibited to importation to the territory of Turkmenistan of regulated products, quarantine infected objects (except as provided by the rules and regulations to ensure quarantine of plants), as well as regulated products if its admission violated rules and regulations to ensure quarantine of plants listed in these regulations.
3. Import into the territory of Turkmenistan of regulated products is only permitted at crossing points on the State border of Turkmenistan, where there are border crossings on plant quarantine, equipped in accordance with the requirements of the rules and norms for plant quarantine.
4. Regulated products imported into the territory of Turkmenistan shall be subject to mandatory State quarantine phytosanitary control, including inspection, which includes primary State quarantine phytosanitary control at crossing points on the State border of Turkmenistan, and secondary State quarantine phytosanitary control at destination.
5. the State quarantine phytosanitary control for importation to the territory of Turkmenistan and exportation from the territory of Turkmenistan of regulated products is carried out by an authorized State plant quarantine authority.
6. Import into the territory of Turkmenistan of quarantine objects for scientific research is governed by rules and regulations ensure the plant quarantine.
7. it is prohibited to use quarantine objects, quarantine infected objects, except for the cases stipulated by the rules and regulations to ensure quarantine of plants.
8. it is prohibited to use quarantine and phytosanitary measures and restrictions (in all its forms) for purposes not related to the plant quarantine.
 
Article 10. Objects control on plant quarantine of plant quarantine control Objects are: 1) the seeds and planting material of agricultural, forest and ornamental crops, plants and their parts (cuttings, bulbs, tubers, leaves, fruit), as well as any other products of plant origin, which can be an agent of quarantine facilities;
2) pathogens of plants-a culture of living fungi, viruses, bacteria, and nematodes, mites and insects etc., including biological control agents and other plant organisms;
3) collections of insects, pathogens of plants, seeds and herbarium;
4) agricultural machines and implements for soil preparation, vehicles, all types of packaging, packaging materials, industrial goods and products from plant materials and soil samples, the monoliths that can be disease quarantine facilities;
5) the territory and premises of enterprises, organizations, associations of Daihan daikhan farm, Homestead farms growing burners, skladiruûŝih, processing, transporting and utilizing the products of plant origin; agricultural land, forest, water and other purposes, regardless of the form of ownership and affiliation.
 
Article 11. The order of import and export of regulated products 1. To conclude contracts for the supply of regulated products or transit provider must obtain from an authorized State plant quarantine authority with the necessary information on quarantine measures and provide conditions for preventing the importation of quarantine objects.
Signed agreement, containing information of a confidential nature, should not be disclosed without the written consent of the supplier.
2. The importation and transit of regulated products are allowed through border checkpoints of plant quarantine in the presence of import quarantine of permits authorized State body on plant quarantine and phytosanitary certificate quarantine services exporting countries operating not more than 30 days before the importation of the goods into the country.
Registration of customs documents for regulated products after passing State quarantine phytosanitary control.
Quarantine measures other countries recognized, if they provide an adequate level of phytosanitary protection level adopted in Turkmenistan.
3. Export of regulated products from the zones declared under quarantine, allowed in zones free of quarantine objects, if there are phytosanitary certificates authorized State plant quarantine authority.

4. Inspection and decontamination of regulated products, goods and vehicles, issuing quarantine documents are carried out at the expense of their owners in accordance with prevailing rates.
Rates developed by the authority on plant quarantine and approved in the manner prescribed by the legislation of Turkmenistan.
 
Article 12. Removal, destruction, return of regulated products in order to prevent the entry and spread of quarantine objects on the territory of Turkmenistan infected regulated products may be in accordance with the legislation of Turkmenistan, removed, destroyed or returned to the requirements of the authorized State body for plant quarantine.
 
Article 13. Laboratory analysis and examination of regulated products regulated products in order to establish its phytosanitary status is subject to the State quarantine phytosanitary control, including inspection and, if necessary, laboratory analysis or examination.
Laboratory analysis and examination of regulated products (podkarantinnogo material podkarantinnogo object) with a view to establishing its phytosanitary status held by specialists of the central laboratory of the authorized State body for plant quarantine.
 
Article 14. Identification of the quarantine objects and preventing their dissemination with a view to the timely identification of quarantine objects that define the boundaries of their foci statute objects to the systematic quarantine phytosanitary survey, conducted in the framework of the general supervision of harmful organisms to plants on the territory of Turkmenistan.
Grain, grain processing products, imported to the territory of Turkmenistan, in cases, stipulated by rules and regulations to ensure quarantine of plants, can be recycled in accordance with technology, providing deprivation of seed viability. Export of grain, grain products from places of processing with viable seeds are not allowed.
 
Article 15. The stacking order of quarantine and removal 1. The decision to establish a quarantine zone with the introduction of the quarantine mode or its abolition, on the recommendation of the authorized State plant quarantine authority take: 1) in the territory of two or more provinces, the Ministry of agriculture and water management;
2) on the territory of the velayat, etrap of Ashgabad, and the corresponding local Executive.
2. In the quarantine zones are prohibited or restrictions on the export of infected objects, quarantine of regulated products, formulated and implemented actions on localization and elimination of hotbeds of quarantine objects carried out decontamination of regulated products, its technical processing.
Infected products, removed from the quarantine zone, refundable, decontamination or transfer it to the processing organization.
Infected products in case of impossibility of its disinfecting and processing subject to seizure and destruction in the manner prescribed by the legislation of Turkmenistan.
List of quarantine restrictions and measures to contain and eliminate quarantine objects shall be brought to the attention of legal and natural persons, as well as the population of the quarantine zone.
Responsibility for failure to establish quarantine zones and the imposition of quarantine mode brings the head of the public authority for plant quarantine.
 
Article 16. Decontamination, cleaning, degassing quarantine objects 1. Imported to the territory of Turkmenistan regulated products, quarantine infected objects subject to decontaminate at crossing points on the State border of Turkmenistan or at destination, except as provided for in the rules and regulations to ensure quarantine of plants.
Regulated products imported into the territory of Turkmenistan from countries spread of quarantine objects shall be subject to the preventive disinfection in cases, stipulated by rules and regulations ensure the plant quarantine.
2. Vehicles used for the transportation of regulated products are subject to obligatory cleaning or disinfection if necessary in accordance with the rules and regulations to ensure quarantine of plants.
3. decontamination of the quarantine objects method of gassing and degassing work, chemical and other types of processing are performed by an authorized State plant quarantine authority.
Decontamination, cleaning, degassing quarantine objects shall be carried out in accordance with the rules and regulations to ensure quarantine of plants.
 
Article 17. Obligations of legal entities and individuals in the field of plant quarantine 1. Legal and natural persons engaged in the production, preparation, importation into the territory of Turkmenistan, export from its territory, transport, storage, processing, use and disposal of regulated products must: 1) comply with the rules and regulations to ensure quarantine of plants in production, harvesting, importation into the territory of Turkmenistan, removal from the territory of Turkmenistan, transport, storage, processing, use and disposal of regulated products;

2) immediately inform the authorities of the authorized State body in the field of plant quarantine on arrival of regulated products;
3) avoid showdown arrived on the territory of Turkmenistan of vehicles and containers with a regulated product without the written permission of authorities authorized State body on plant quarantine;
4) to create the necessary conditions for the timely implementation of the State quarantine phytosanitary control, including screening;
5) allocate storage for regulated products space, appropriate quarantine phytosanitary requirements, and ensure the safety of such products;
6) avoid cleaning vehicles with regulated products in transit, as well as in places not intended for this purpose;
7) ensure proper storage of regulated products prior to the implementation of the State quarantine phytosanitary control;
8) allocating vehicles specially equipped marinas, playgrounds, premises and, if necessary, and workers for implementation of the disinfection, cleaning, degassing and other treatment of regulated products;
9) immediately inform the territorial bodies of the public authority on plant quarantine on detection of signs of infestation quarantine objects of quarantine harmful organisms;
10) to transport regulated products ensuring measures to eliminate its losses and possible contamination of the territory of Turkmenistan the quarantine objects;
11) perform any other duties in the field of plant quarantine in accordance with Turkmenistan legislation, rules and regulations to ensure quarantine of plants.
2. To identify the quarantine objects and control, localization, liquidation of their foci are carried out at the expense of owners, users of quarantine objects.
Inspection, disinfection, detention, destruction or return of regulated products are carried out at the expense of her owners, owners, users, consignees or freight forwarders.
 
Article 18. Duties of officials of State bodies, organizations, as well as leaders of other entities, regardless of their form of ownership, and individuals whose activities are related to regulated products, officials of the State bodies, organizations, as well as the heads of other entities, regardless of the form of ownership and affiliation, and individuals whose activities are related to the production, harvesting, processing, storage, transportation and sale of regulated products must: 1) comply with the requirements of this Act plant quarantine rules and regulations authorized State body on plant quarantine on the related quarantine measures;
2) produce on demand the inspectors authorized State plant quarantine authority data on regulated products and quarantine facilities;
3) ensure a systematic survey of crops, areas, warehouses, premises and other facilities where regulated products, as well as to provide for inspection and examination of existing regulated products;
4) in the case of quarantine objects shall immediately notify authorized State plant quarantine authority.
 
CHAPTER IV. State control in the field of plant quarantine Article 19. Implementation of State control in the field of plant quarantine implementation of State control in the field of plant quarantine is entrusted to authorized State plant quarantine authority.
 
Article 20. Law officials exercising State quarantine phytosanitary control 1. The State quarantine phytosanitary control officials authorized State plant quarantine authority.
2. Officials engaged in State quarantine phytosanitary control, within its competence, shall have the right to: 1) in the prescribed manner visit statute objects belonging to enterprises, institutions, organizations, citizens and the territory in which these objects are, including military units, objects of public authorities responsible for Defense, security, internal affairs, customs, State border of Turkmenistan, as well as the local authorities;
2) receive from State administrative bodies, local authorities and local self-government bodies, enterprises, institutions, organizations, individual entrepreneurs and citizens with documented information related to plant quarantine;
3) quarantine phytosanitary quarantine objects survey and examination of regulated products, including in places its harvesting and delivery;
4) to conduct sampling and samples from quarantine facilities;
5) prohibit or suspend production, harvesting, importation into the territory of Turkmenistan, the removal from the territory of Turkmenistan, transport, storage, processing, use and disposal of regulated products;

6) give enterprises, institutions, organizations, individuals and citizens of mandatory deadlines in the instructions about elimination of infringements of rules and norms for plant quarantine;
7) make decisions about decontamination, cleaning, decontamination and return of regulated products;
8) remove or destroy regulated products in accordance with the legislation of Turkmenistan;
9) to exercise other powers as foreseen by the legislation of Turkmenistan in the field of plant quarantine.
 
Article 21. The symbolism of the authorized State body on plant quarantine and special clothing employees authorized State plant quarantine authority has its own symbols and special clothing. Position on the symbolism of the authorized State body on plant quarantine and special clothing employees approved by the Ministry of agriculture and water economy of Turkmenistan.
 
Chapter v. Financing the activities of the authorized State body on plant quarantine and quarantine measures Article 22. Financing of the activities of authorized State plant quarantine authority authorized State plant quarantine authority carries out its activity on the principles of economic calculation of the expense funds:-for performance of works on decontamination of products of plant origin, warehouses, vehicles;
-for analyses and quarantine examination;
-for inspection and documentation of imported and exported plant or plant products or their transit through the territory of Turkmenistan.
 
Article 23. Financing of the State plant quarantine activities 1. Financing of public actions on localization and liquidation of quarantine objects in accordance with the list of quarantine pests, plant diseases and weeds shall be carried out at the expense of the State budget of Turkmenistan.
2. plant quarantine activities at sites not related to State ownership, as well as on the earths natural and legal persons shall be at the expense of owners and land users on the requirements of the authorized State body on quarantine of plants within its authority.
 
CHAPTER VI. Dispute resolution and the responsibility for violation of legislation on plant quarantine Article 24. Dispute resolution in the field of plant quarantine Controversy in the field of plant quarantine shall be settled in the manner prescribed by the legislation of Turkmenistan.
 
Article 25. Liability for violation of the legislation of Turkmenistan on quarantine of plants 1. Natural and legal persons who violate legislation on plant quarantine, prosecuted in accordance with the legislation of Turkmenistan.
2. Imposition of fines or other penalties does not absolve perpetrators of legal and natural persons from compensation in the manner prescribed by the legislation of Turkmenistan.
3. funds paid for violation of legislation on plant quarantine are listed in the State budget of Turkmenistan in the manner prescribed by the legislation of Turkmenistan.
 
CHAPTER VII. International cooperation in the field of plant quarantine Article 26. Principles of international cooperation in the field of plant quarantine Turkmenistan carries out international cooperation in the field of plant quarantine, guided by the principles of respect for mutual security of skidding and spread of quarantine objects.
 
Article 27. International treaties unless the international treaties to which Turkmenistan is a party establishes rules in the field of plant quarantine than those stipulated by this law, the regulations of the international agreements.
 
         Turkmen President Gurbanguly Berdimuhamedov mountains. Ashgabat August 15, 2009 No. 54-IV
 

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