The Senate and Chamber of Deputies
of the Argentine Nation gathered in Congress, etc.
Law:ARTICLE 1 Appropriate the Convention between the Government of the ARGENTINA REPUBLIC and the Government of the REPUBLIC OF ARMENIA ON COOPERATION IN VEGETAL PROTECTION AND CUARENTENA FITOSANITARIA, subscribed to in Yerevan deREPUBLICA DE ARMENIA el on 31 August 2005, which consists of DIECIN ARTICLE 2 Contact the national executive branch.
IN THE SESSION OF THE ARGENTINE CONGRESS, IN GOOD AIRES, TO THE VEINTICINCO DIAS OF THE MONTH OF APRIL OF THE YEAR DOS MIL SIETE.
ALBERTO E. BALESTRINI. . JOSE J. B. PAMPURO. . Enrique Hidalgo. . Juan H. Estrada.
THE GOVERNMENT OF THE ARGENTINA REPUBLIC
THE GOVERNMENT OF THE REPUBLIC OF ARMENIA
COOPERATION IN VEGETAL PROTECTION
The Government of the Argentine Republic and the Government of the Republic of Armenia, henceforth called "the Parties",
Guided by the desire to deepen bilateral cooperation in plant protection and phytosanitary quarantine,
In order to protect the territories of both States with respect to the introduction and dissemination of certain plant diseases, pests and weeds, henceforth called "quarantine plates", and limit the losses caused by them, as well as facilitate mutual trade and the exchange of plant and plant products.
They agreed on the following:
For the purposes of this Convention, the terms used shall mean:
- Plants: living plants and parts of them, including seeds and germplasm;
- Vegetable products: non-manufactured materials of vegetable origin (including grains) and those manufactured products, which by their nature or by their elaboration can create a risk of introduction and dissemination of pests.
- Regulated article: any plant, plant product, storage place, packaging, means of transport, container, soil and any other organism, object or material capable of harboring or dissemination pests, which is considered to be subject to phytosanitary measures, especially when international transport is involved.
- Phytosanitary action: any official operation, such as inspection, testing, monitoring or treatment, carried out to implement the regulation or phytosanitary procedures.
- Regulated time: quarantine or non-quarantine pest regulated.
- Quarantine Plague: a potential plague of economic importance for the area in danger when the plague does not exist or if it exists, is not widespread and is under official control.
- Non quarantine regulated pests: non quarantine pest whose presence in plants for planting influences the proposed use for these plants with unacceptable economic repercussions and is therefore regulated in the territory of the importing party.
- quarantine pests: pests defined in the rules of the Parties, of potential importance to the national economy, which are not yet present or, if so, are not propagated and controlled.
Specific cooperation under this Convention shall be carried out in accordance with applicable rules and the list of quarantine pests (Annex 1) in force in the territory of each Party.
The Parties hereby undertake the obligation to implement all possible measures to prevent the spread of quarantine pests from the territory of one Party to the territory of the other Party.
The lists of quarantine pests included in Annex 1 are part of this Convention.
The competent bodies of the Parties may, by mutual agreement, modify or make additions to the list of quarantine pests.
The amendments and incorporations mentioned above, including the date of their entry into force, shall be communicated to the competent bodies of the other Party through the diplomatic channel.
In order to avoid the introduction or dissemination of pests regulated in the territory of the State of the other Contracting Party, any export of plants or products of plant origin, where appropriate, shall be accompanied by a Phytosanitary Certificate in accordance with the model of the Fytosanitary Protection Convention (CIPF), issued by the designated authorities for this purpose by the Parties.
In the Fitosanitaria Certificate you must count:
- that plants or products of exported plant origin are free from the regulated pests mentioned in the Annex to this Convention and which were established as a phytosanitary requirement for each product according to the result of the Risk Analysis of the corresponding Plague;
- the origin of such plants and plant products;
- the treatments to which the product has been subjected.
In the case of plant products intended for re-export, the country of origin should be indicated.
The regulated articles shall be subject to phytosanitary control in accordance with the relevant rules and regulations of the Parties.
The phytosanitary certificate does not exclude the right of control that the importing Party may exercise on the plant and plant products that it imports from the territory of the other Party.
In the event that quarantine pests and acts contrary to phytosanitary norms are detected, the competent agency of the importing Party shall immediately inform the competent agency of the exporting Party.
In order to avoid the introduction or dissemination of regulated pests, Parties shall have the right to take appropriate phytosanitary measures, as a result of the Plague Risk Analysis."
The Parties prohibit the importation of land (with the exception of peat) and the use of hay, straw, moss, bark, or other material that may introduce or disseminate quarantine pests.
Exchanges of plants and plant products for diplomatic representations of both countries and their staff shall meet the phytosanitary requirements of this Convention.
The Parties shall provide phytosanitary control at border points (authors, railways, maritime and air routes) in accordance with the provisions for the import, export or transit of plants or products of plant origin.
Parties, recognizing the advantages of scientific cooperation and the opportunity to unify, where possible, methods and means of plant protection, shall encourage such cooperation through:
- the exchange of information on the phytosanitary situation of crops and forests, the measures used to control pests, as well as the results obtained;
- the exchange of laws and regulations on phytosanitary quarantine and plant protection, and of specific literature, thus providing a better knowledge of this matter to specialists from both countries.
The Parties may provide each other with information on the detection or dissemination of quarantine pests, noting that none of the Parties may provide the information obtained to a third country.
In order to comply with this Convention, the Parties may organize mutual consultations with the assistance of their representatives, if necessary.
The Parties shall decide on each occasion the date, place and agenda of the consultations, as well as how to cover the costs.
In the event of disputes over the interpretation or implementation of this Convention, the Parties shall resolve them by direct contact or other acceptable methods. If no agreement could be reached through these means, disputes would be resolved through diplomatic channels.
The competent bodies of the Parties in charge of the coordination and implementation of this Convention are:
- by the Armenian Party: the Ministry of Agriculture
- by the Argentine Party: the Ministry of Agriculture, Livestock, Fisheries and Food
For the purposes of the implementation of this Convention, the competent bodies of the Parties shall be in direct contact and may conclude Conventions for compliance.
The provisions of this Convention shall not affect the obligations of Parties arising from other bilateral or multilateral international conventions.
This Convention shall enter into force 60 days after the date of the last notification by which the Parties notify each other that the procedures required by their domestic laws have been complied with.
This Convention has been held for a period of five years. Its validity shall be automatically extended for another five years unless one Party notifies the other Party, at a minimum of six months, its intention to terminate it.
Made in Yerevan on 31 August 2005, in two originals each in the Spanish, Armenian and English languages, both equally authentic. In case of differences in interpretation, the English text will prevail.
NOTE: This Law is published without the text of the Convention in English. The unpublished documentation can be consulted at the Central Headquarters of this National Directorate (Suipacha 767 - Autonomous City of Buenos Aires) and at www.boletinoficial.gov.ar