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Law No. 37 Of 1 March 2006 On The Reorganization Of Plant Protection And Phytosanitary Quarantine

Original Language Title:  LEGE nr. 37 din 1 martie 2006 privind reorganizarea activităţii de protecţie a plantelor şi carantină fitosanitară

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LEGE no. 37 37 of 1 March 2006 on the reorganisation of plant protection and phytosanitary quarantine
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 200 200 of 3 March 2006



The Romanian Parliament adopts this law + Article 1 The protection of cultivated plants, forests, pastures and natural fanettes and other forms of useful vegetation, as well as plant products stored against diseases, pests and weeds is a matter of national interest and constitutes a obligation for public authorities, agricultural producers and all citizens of Romania. + Article 2 (1) The Ministry of Agriculture, Forestry and Rural Development is the regulatory authority in the field of plant protection, phytosanitary quarantine and plant protection products, which coordinates and controls the application of legal provisions specific through the National Phytosanitary Agency. (2) The National Phytosanitary Agency is established under the Ministry of Agriculture, Forestry and Rural Development, with the rank of direction, by the reorganization of the Phytosanitary Department and for plant selection, which is abolished, with a total number of 20 posts. (3) The organizational structure and the organization and functioning regulations of the National Phytosanitary Agency shall be established by order of the Minister of Agriculture, Forestry and Rural Development. + Article 3 The National Plant Health Agency shall have the following tasks: 1. organization of plant protection and phytosanitary quarantine activity throughout the territory of the country after a unified conception, to ensure the health of cultivated plants, forests, pastures and natural fanettes and other forms of useful vegetation and stored agricultural products; 2. coordination, technical guidance and control of the activity in the field of phytosanitary and of the approval and use of plant protection products; 3. establishing phytosanitary, unique and binding rules for all natural or legal persons holding agricultural crops and other forms of useful vegetation, as well as for those who store, transport and capitalize on plants and products vegetable; 4. the development of the phytosanitary strategy on the protection of plant health, the prevention of the introduction and dissemination in the territory of the country of quarantine organisms and in the field of plant protection products, in accordance with the rules following its implementation; 5. elaboration of draft laws, decisions, orders and other normative acts concerning the plant protection and phytosanitary quarantine activity and the regime of plant protection products, harmonized with the directives of the European Union, in the aim of improving and improving the national legislation, organisation, endowment and functioning of national phytosanitary services; 6. elaboration or, as the case may be, the updating of the regulation of organization and functioning of the county phytosanitary units, respectively of the city of Bucharest, as well as of other regulations concerning the plant protection activity, quarantine phytosanitary and phytosanitary products; 7. control of the application and compliance of all legal provisions, technical rules in the field of phytosanitary and plant protection products; 8. organization and pursuit of the technical and material endowment of the county phytosanitary units, respectively of the city of Bucharest, the Central Laboratory for Phytosanitary Quarantine, the Central Laboratory for the Control of Rezidus of Pesticides from Plants and Vegetables and Customs Control Inspectorates; 9. organization of a unique information system for the monitoring of plant plants and plant products that are exported, import or transit through Romania; 10. establishment of personnel needs and elaboration, under the law and regulations in force, of the technical criteria regarding the classification and provision of specialized personnel for the county phytosanitary units, respectively of the municipality Bucharest, the Central Laboratory for Phytosanitary Quarantine, the Central Laboratory for the Control of Pesticide Residues in Plants and Vegetal Products and for the Customs Phytosanitary Control Inspectorates; 11. promotion, implementation and maintenance of the quality assurance system in accordance with the rules in force for all units in technical coordination; 12. coordination of all activities concerning the evaluation of the dossiers of plant protection products for approval; 13. evaluation of the dossiers of plant protection products for approval, residue section and risk assessment for consumers; 14. ensuring the official control of pesticide residues from plants and plant products, within the framework of food safety, through the Central Laboratory for the Control of Pesticide Residues in Plants and Vegetal Products; 15. ensuring the coordination of the issuance of the phytosanitary passport, registration of producers, importers, dispatch centers and collective warehouses of plants and plant products, management of risk fillers by production sectors; 16. management of the occurrence of quarantine organisms 17. ensuring the post-approval control of the quality of plant protection products through specialized laboratories and control of the use of these products through plant protection units 18. ensuring the training of specialized personnel at territorial and customs level; 19. organization of the national system of approval of plant protection products, according to the standards of the European Union, and participate in the periodic elaboration of the Codex of products for the protection of plants approved for use in Romania; 20. organization at national level of the phytosanitary police; 21. participation in the organization of competitions for obtaining professional degrees; 22. the empowerment of economic agents for the import of samples of phytosanitary products, under the law; 23. substantiation and elaboration of proposals, annually, on the need for funds for plant protection actions and phytosanitary quarantine financed from the state budget; 24. Romania's representation in the following international bodies: European and Mediterranean Plant Protection Organization, Food and Agriculture Organization, World Health Organization, International Union for Pure Chemistry and Applied, the Unit for Technical Assistance and Information Exchange, the European Commission for Reservation and Access, the European Food Safety Authority and the European Organization for the Coordination of Pesticides and the like; 25. collaboration with the relevant universities, the National Society for Plant Protection and the Academy of Agricultural and Forestry Sciences, in the development of plant protection strategies; 26. establishment and organization of meetings and mutual visits with phytosanitary authorities and professional organizations from other countries; 27. ensuring the relationship with the European Union Commission; 28. ensuring the relationship with professional associations; 29. organization of conferences, symposiums, trainings and debates on professional topics; 30. initiation, development and follow-up of the implementation of the following projects: pre-accession instruments financed by the European Union to support the candidate countries of Central and Eastern Europe for accession to the European Union (PHARE), The Food and Agriculture Organization (FAO), the Special Pre-Accession Programme for Agriculture and Rural Development (SAPARD), the World Bank, in the field of phytosanitary; 31. coordination and ensuring the operation of computer programs in the field of phytosanitary: PHYTOEXPERT, PESTEXPERT and SINPP + Article 4 (1) The National Phytosanitary Agency shall technically coordinate the following public institutions: a) Central Laboratory for Phytosanitary Quarantine; b) the county phytosanitary units, respectively the Bucharest municipality; c) Research and Development Institute for Plant Protection; d) Central Laboratory for the Control of Pesticide Residues in Plants and Vegetables. (2) The county phytosanitary units and the city of Bucharest are reorganized and will carry out additional activities on the control and monitoring of quarantine organisms for agricultural producers and service providers with plants and plant products. The number of posts related to phytosanitary units is supplemented by 126 posts. + Article 5 The county phytosanitary units and the city of Bucharest perform the following a) diagnosis and prognosis of damages and warning agents of agricultural producers, natural or legal persons, regarding their occurrence and evolution; b) phytosanitary control of imported and exported plant and plant products, which circulates accompanied by a phytosanitary passport; c) organization at the county level of the network of plant protection centers; d) detection of diseases, pests and weeds of quarantine; e) testing of biological action of plant protection products for approval under production conditions; f) the empowerment of economic agents for import, marketing and provision of services with plant protection products, under the law; g) sampling for official control of the quality of plant protection products, through the central laboratory and through specialized regional laboratories; h) sampling for the official control of pesticide residues in plants and plant products from domestic and import production; i) provision at the county level of control, general monitoring and specific monitoring for quarantine bodies, in accordance with the annual phytosanitary monitoring plans; j) coordination, development and monitoring of the application of plant protection technologies; k) phytosanitary police activity; l) to monitor compliance with the legislation in force; m) issue of phytosanitary passports, phytosanitary certificates and other documents provided by law; n) development of the quality assurance system; o) participation in the implementation of programmes with external funding, namely: the Instrument for Pre-Accession financed by the European Union to support the candidate countries of Central and Eastern Europe for accession to the European Union (PHARE), The Food and Agriculture Organization (FAO), the Special Pre-Accession Programme for Agriculture and Rural Development (SAPARD) and the World Bank, in the field of phytosanitary; p) updating the database of the National Information System for Plant Protection; r) ensuring the implementation of specific regulations, harmonized with the relevant Community regulations s) participation in the technical evaluation missions organized by the European Commission TAIEX; s) make, annually, proposals to the National Phytosanitary Agency on the need for funds to combat the damages agents subsidized from the state budget; t) tracking the use of budgetary funds for plant protection; t) organization of symposiums and trainings on specific problems for agricultural producers and service providers at the county level; u) control of the use, storage and labelling of plant protection products; v) participation in activities and meetings organized within the food safety system. + Article 6 Public plant protection services, subordinated to county councils, are privatized. + Article 7 (1) In the event of the occurrence of damage agents, which by their attack endanger agricultural production, both in terms of quality and quantity, the Ministry of Agriculture, Forestry and Rural Development allocates funds from the budget for the action to combat them, in order to purchase plant protection products and to pay the value of works to combat harmful agents. (2) The damage agents shall be nominated by order of the Minister of Agriculture, Forestry and Rural Development. + Article 8 The date of entry into force of this Law shall be repealed Government Emergency Ordinance no. 71/1999 on the reorganization of plant protection and phytosanitary quarantine activity, republished in the Official Gazette of Romania, Part I, no. 742 742 of 11 October 2002, and any other provisions to the contrary. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. p. CHAMBER OF DEPUTIES PRESIDENT, LUCIAN AUGUSTIN BOLCAS SENATE PRESIDENT NICOLAE VACAROIU Bucharest, March 1, 2006. No. 37. -----------