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Act 1141 2007

Original Language Title: LEY 1141 de 2007

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LEY 1141 OF 2007

(June 25)

Official Journal No. 46,670 of 25 June 2007

CONGRESS OF THE REPUBLIC

C-1142-08 of 19 November 2008 >

By means of which the "Convention between the Government of the Republic of Colombia and the Government of the People's Republic of China on Cooperation in Animal Health and Quarantine" is approved, signed in Beijing at 6 days of the month of April 2005.

Effective Case-law

COLOMBIA CONGRESS

Having regard to the text of the text by which the "Convention between the Government of the Republic of Colombia and the Government of the People's Republic of China on Cooperation in Animal Health and Quarantine" is approved, signed in Beijing at the end of the month of April 2005, which to the letter reads:

(To be transferred: photocopy of the full text of the International Instrument mentioned).

ALVARO URIBE VELEZ

Convention between the Government of the Republic of Colombia and the Government of the People's Republic of China on Cooperation in Animal Health and Quarantine

The Government of the Republic of Colombia and the Government of the People's Republic of China (hereinafter the "Contracting Parties"), with a view to strengthening collaboration in the field of animal health and quarantine; preventing the introduction of infectious and/or contagious and parasitic within or outside its territory, protecting the safety of agriculture, livestock and fisheries, as well as human health, through friendly consultations, have agreed as follows:

ARTICLE I.

The following terms will have the meanings assigned to them below:

1. Animals-bovine animals domesticated and wild, including cattle, sheep, goats and pigs, horses, camels, donkeys and their hybrid progeny, birds, game animals, fish, silkworms, bees, domestic animals and animals laboratory.

2. Animal products-non-manufactured material of animal origin and those manufactured animal products and animal products in animal feed which, due to their processing, may create a risk of the introduction and spread of pests.

3. Genetic animal material-fresh or frozen semen of animals, fresh or frozen embryos or any other bioproduct applied to animal breeding and reproduction.

4. Certificate of animal quarantine or veterinary health certificate-certificate prepared in accordance with the model certificate of the International Office of Epizootics (OIE).

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ARTICLE II.

The Contracting Parties shall cooperate to protect their national territories against the introduction of epizootic diseases resulting from the import, export or transit of live animals, genetic material, products animals, animal feed and other goods, products, means of transport, packaging and containers which may constitute pathogenic vectors.

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ARTICLE III.

1. The Contracting Parties shall, respectively, authorize their competent authorities to discuss and to sign protocols on animal quarantine and sanitary requirements for the importation, exportation and transit of live animals, material, genetic animal, animal products, animal feed and other goods or products which may constitute pathogenic vectors, and approve and exchange model certificates on animal quarantine or veterinary health certificates.

2. The signed protocols will be annexed to this Agreement and will be considered an intergrating part of this Agreement.

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ARTICLE IV.

Live animals, genetic animal material, animal products, animal feed, and other goods or products which may constitute vectors of pathogens exported from the territory of a Contracting Party to the territory of the other Contracting Party must comply with the health and quarantine laws of the other importing country, as well as with its administrative rules and regulations and the relevant protocols on quarantine and health requirements signed by the Contracting Parties and shall be accompanied by an original quarantine certificate or a health certificate veterinary medicine issued by the official veterinarian of the exporting country. The animal quarantine certificate or the veterinary health certificate shall be extended in English and in the official languages of the exporting country.

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ARTICLE V.

1. The Contracting Parties have the right to carry out quarantine inspections on live animals, genetic animal material, animal products, animal feed, and other goods or products imported from the other Contracting Party in accordance with their own laws on quarantine and animal health and with its administrative rules and regulations. Each Contracting Party has the right to subject the infected items to quarantine treatment.

2. Each Contracting Party shall notify the other Contracting Party in due time if it finds any animal disease, vector of pathogens any other pest or thing that does not comply with the animal health and quarantine laws and with the rules and relevant administrative regulations.

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ARTICLE VI.

The Contracting Parties shall cooperate in administrative, scientific and technological matters and in the exchange of information on quarantine and animal health:

(a) Informing the other immediately the details of the infectious animal diseases, specified as diseases List A by the International Office of Epizootics (OIE), which occurs in its own territory, including the name of the disease, the species and number of animals infected, the location of the sites affected, the diagnosis and control measures in place;

b) Interchanging the monthly report of infectious and parasitic animal diseases, specified as List B by the OIE, to be produced in its own territory;

c) informing the other of the control measures applied to prevent the spread of infectious diseases specified as A-list by the OIE to their territory in the neighbouring countries;

d) Collaborating with the central management of animal quarantine or veterinary health to exchange management experiences in the area;

e) Changing animal quarantine techniques and veterinary achievements through seminars or other activities;

f) Exchange magazines and other publications of laws and regulations in the field of animal quarantine and veterinary medicine.

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ARTICLE VII.

The authorities competent to execute this Agreement will be:

By the People's Republic of China:

The Ministry of Agriculture of the People's Republic of China and the General Administration of Quality Supervision, Inspection and Quarantine.

For the Republic of Colombia:

The Ministry of Agriculture and Rural Development.

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ARTICLE VIII.

Expenditure related to the implementation of this Agreement shall be covered as follows:

(a) With regard to visits between animal quarantine addresses or veterinary health related to the implementation or exchange of management experience and in the event that a Contracting Party invites specialists or researchers from the another Contracting Party to participate in seminars or other scientific meetings, international travel expenses shall be covered by the sending party. Such expenditure may also be borne in accordance with the provisions of the Contracting Parties;

(b) The issuing country shall finance the exchange of information and journals and veterinary publications.

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ARTICLE IX.

Any differences arising from the interpretation and execution of this Agreement shall be discussed and resolved directly by the competent authorities of the Contracting Parties.

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ARTICLE X.

This Convention shall not affect the rights and obligations specified by international agreements and treaties entered into by the Contracting Parties.

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ARTICLE XI.

1. This Convention shall enter into force on the date of notification of compliance with all the internal legal procedures of the Contracting Parties necessary for this Agreement to take effect.

2. This Convention shall be for a period of five years. It shall henceforth be automatically renewed for a further five years, unless one of the Contracting Parties to a written notice of termination, at least six months before the expiry of the period in question.

Held in Beijing, on 6 April 2005, in the Chinese, Spanish and English languages. All these texts are considered equally authentic.

By the Government of the Republic of Columbia,

(UNREADABLE SIGNATURE).

By the Government of the People's Republic of China,

(UNREADABLE SIGNATURE).

EXECUTIVE BRANCH OF PUBLIC POWER

PRESIDENCY OF THE REPUBLIC

Bogotá, D. C., August 10, 2005.

Approved. Submit to the consideration of the honorable National Congress for the constitutional effects.

(FDO.) ALVARO URIBE VELEZ

The Deputy Minister of Foreign Affairs in charge of the functions of the Minister's Office,

(FDO.) CAMILO REYES RODRIGUEZ.

DECRETA:

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ARTICLE 1o. Approve the "Agreement between the Government of the Republic of Colombia and the Government of the People's Republic of China on Cooperation in Animal Health and Quarantine", signed in Beijing at 6 days of the month of April 2005.

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ARTICLE 2o. In accordance with the provisions of Article 1 of Law 7ª of 1944, the " Convention between the Government of the Republic of Colombia and the Government of the People's Republic of China on Cooperation in Animal Health and Quarantine ", signed in Beijing at 6 days of the month of April 2005, which by article 1or this law is approved, will force the country from the date on which the international link is perfected with respect to the same.

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ARTICLE 3o. This law governs from the date of its publication.

The President of the honorable Senate of the Republic,

DILIAN FRANCSCA TORO TORRES.

The Secretary General of the honorable Senate of the Republic,

EMILIO RAMON OTERO DAJUD.

The President of the honorable House of Representatives,

ALFREDO APE NECK BAUTE.

The Secretary General of the honorable House of Representatives,

ANGELINO LIZANO RIVERA.

COLOMBIA-NATIONAL GOVERNMENT

Communicate and comply.

Execute, upon revision of the Constitutional Court, in accordance with article 241-10 of the Political Constitution.

Dada in Bogotá, D. C., at 25 June 2007.

ALVARO URIBE VELEZ

The Foreign Minister,

FERNANDO ARAUJO PERDOMO.

The Minister of Agriculture and Rural Development,

ANDRES FELIPE ARIAS LEIVA.

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