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Sanctioned: October 5, 2000.
Enacted: November 9, 2000.
The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:
ARTICLE 1 Approve the Convention on Quarantine and Phytosanitary Protection between the Government of the Argentine Republic and the Government of the Republic of Bulgaria, signed in Buenos Aires on 6 August 1998, which consists of nine (9) articles and one (1) annex, whose authenticated photocopy is part of this law. ARTICLE 2 Contact the National Executive.IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE TWO MONTHS OF THE OCTOBER YEAR.
# 25,336 EL
PASCUAL RAFAEL. . JOSE GENOUD. . Guillermo Aramburu. . Mario L. Pontaquarto.
CONVENTION ON POLICY AND PROTECTION AGAINST THE GOVERNMENT OF THE ARGENTINA REPUBLIC AND THE GOVERNMENT OF THE BULGARIA REPUBLIC
The Government of the Argentine Republic and the Government of the Republic of Bulgaria, henceforth "the Parties".
Taking into account the important contribution of international and bilateral cooperation in the fight against diseases, parasites and tares affecting plants and veterinary products, in order to prevent their spread worldwide.
Declaring its willingness to coordinate efforts to combat pests to protect the respective territories of their nations against their penetration and spread.
Guided by the desire to intensify scientific-technical and commercial relations.
Considering that the two States are members of the World Trade Organization.
The following are agreed:
ARTICLE 1
For the purposes of this Convention, the definitions accepted or approved by the Food and Agriculture Organization of the United Nations (FAO) shall be used for the following terms:
1.- "Plagas" will cover all species, varieties and biotypes of vegetables, animals or pathological agents, which are harmful to plants or plant products.
2.- "Quarentenary Plague" will mean a plague of potential economic importance for the area that is threatened by it and in which it has not yet been presented, or if it has been submitted it has not spread widely and is controlled by the authorities.
3.- "Plants" will cover living plants and their parts, including seeds.
4.- " Plant product" will cover unmanufactured plant-based materials (including grains) and those manufactured products that, by their nature or processing, can create a risk of spreading pests.
ARTICLE 2
1.- Parties shall develop specific activities and effective initiatives to prevent the penetration and spread of diseases, parasites and tares, including in the national quarantine pest lists of each.
2.- Each Party shall have the obligation to:
(a) To control agricultural crops and forests during the period of vegetation of raw materials and plant products, as well as during their conservation and transport, to detect the occurrence of quarantine and economically damaging pests, and to combat them.
(b) control shipments of plant and plant products for export, as well as vehicles used for the international transport of such goods, to prevent the penetration of quarantine pests into the territory of the other Party.
(c) to treat, where necessary, plants and plant products for export, as well as the packaging of these and means of transport.
d) issue a certificate cercalled "phytosanitary certified"ll, which will contain the origin of the shipments of plants and plant products and their phytosanitary status, as well as additional information and/or statements, if necessary. The validity period of phytosanitary certificates shall be 30 days from the date of their issuance.
3.- The control and issuance of the health certificate shall be carried out only by the corresponding phytosanitary authorities.
4.- The phytosanitary certificate must be issued in original language with English or French language. Any correction of the text, raspadura, tachadura or unreadable phrase will invalidate it.
5.- In case of re-export of plant and plant products, the phytosanitary re-export certificate must be accompanied by the original phytosanitary certificate issued by the producer country.
ARTICLE 3
1.- To prevent the penetration of quarantine and economically harmful pests in plant and plant products, the parties may:
(a) impose specific restrictions or requirements on imports of plant and plant products.
(b) To prohibit the importation of plant and plant products, in case of real danger of penetration of quarantine and economically harmful pests.
c) subject to phytosanitary control all shipments of plant and plant products, including those for the Diplomatic Corps, at border checkpoints, despite the phytosanitary certificates accompanying them.
(d) require, where necessary, the processing, destruction or return to the exporting country of specific shipments of plant and plant products.
2.- For the purposes set out in the preceding paragraph, the Parties shall:
(a) To exchange information on the occurrence and development of pests that are the subject of care and the use of phytosanitary means of protection and their effectiveness.
(b) To exchange information on scientific and technical achievements in quarantine and plant protection, as well as journals, monographs and other important publications.
(c) To exchange the lists of quarantine pests that are not admissible in import plants and plant products and to implement the measures provided for in Article 3, item 1, only in cases of strict need or for phytosanitary reasons.
(d) To exchange information on current legislation in both countries on phytosanitary matters.
(e) To inform the other Party, by diplomatic means, 30 days before its entry into force, of the restrictions, prohibitions and requirements imposed on the import of plant and plant products, as well as of the modifications made in the quarantine list, except where there is a danger of the actual penetration of quarantine and economically harmful pests.
(f) indicate, where necessary, the border posts authorizing the entry into the country of certain shipments of plant and plant products.
Information in subparagraphs (a) and (b) may not be transmitted to third parties without the authorization of the Party providing it.
3.- The transit transport of plant shipments and plant products will be authorized provided that the phytosanitary requirements in the country whose territory will be crossed are met.
ARTICLE 4
In cases of importance and export of large quantities of plant and plant products from the territory of one Party to the other, the authorities of both countries, in common agreement, may organize and carry out joint control. A Party receiving quarantine inspectors shall provide a well-equipped workplace for the conduct of control activities.
ARTICLE 5
In common agreement, expert working meetings will be organized on topical issues or issues related to plant quarantine and plant protection. The meetings will alternate in both countries.
ARTICLE 6
The activities related to the implementation of this Convention will be coordinated by the Argentine Republic by the Ministry of Agriculture, Livestock, Fisheries and Food NacionalNational Food Health and Quality Service Calidad and, by the Republic of Bulgaria, by the Ministry of Agriculture and Food Industry Servicio Servicio Nacional de Protección Fitosanitaria, Cuarentena y Agroquímica..
ARTICLE 7
Disputes between Parties on the interpretation or application of this Convention shall be settled through consultations and negotiations between the Parties.
ARTICLE 8
This Convention shall enter into force thirty days after the date on which the Parties have notified themselves of complying with their legal requirements for the entry into force of this Convention.
It shall have a duration of five (5) years and shall be automatically renewed for successive periods of five (5) years, if none of the Parties shall denounce it by diplomatic means, three months before the expiration of the respective period.
The denunciation of this Convention shall not affect the realization of joint actions that would have been formalized during its validity.
ARTICLE 9
This Convention may be amended by mutual consent of the Parties, by written request of the Party concerned.
Made in Buenos Aires, on August 6, 1998, in two original copies in the Spanish and Bulgarian languages, both being equally authentic.
A1 and A2 TABLE PLANS FOR ARGENTINA
List A1 CUARENTENARIAN PLATES (*)
(*) No other pest that is determined as quarantine is excluded, based on the corresponding risk analysis. March 1997.
