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Law 26 Of 2007 Regulating The Export Of Plants And Plant Products

Original Language Title: القانون 26 لعام 2007 تنظيم تصدير النباتات والمنتجات النباتية

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Act 26 of 2007 regulating the export of plant and plant products


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Act No. 26 of 2007
Date-Milade: 2007-11.19Date-off: 1428-11-09
Published at: 2007-11.19
Section: Law

Information on this Law:
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Act 26 of 2007
Organization of the export of plant plants and products

President of the Republic
On the basis of the provisions of the Constitution

As approved by the People ' s Assembly at its 2/11-1428th meeting, on 12/11/2007, it adopted a date.

Issue:

Chapter I
Definitions

Article 1

In the application of the provisions of this Act, the terms shall mean machines in each part.
Syrian Arab Republic The territory, internal waters and territorial sea of the Syrian Arab Republic, the subsoil of these lands and the high airspace of which Syria has sovereign rights and the maritime areas to which Syria is entitled to exercise political rights for the purposes of exploration, exploitation and conservation of natural resources.
Ministry... Ministry of Agriculture and Agrarian Reform.
Minister... Minister of Agriculture and Agrarian Reform.
Directorate... The Directorate of Plant Protection of the Ministry of Agriculture and Agrarian Reform, which operates as a national plant protection organization as defined in article IV of the International Plant Protection Convention.
Director... Director of the Directorate.
Point of entry. Air, sea or land boundary officially designated as entry point for passengers, transit, import or export cargo.
The plant protection tech. Any category I technical agent assigned to plant protection work in the Directorate and its organizational units in the governorates.
Commissioner plant protection tech... Any category I professional officer authorized by the Minister to carry out the tasks assigned to him under article 4 of this Act.
The importer... Any person owner, recipient, agent, intermediary or other person who has evidence or jurisdiction over any plant or plant products, useful organisms or other items subject to regulations.
The person... He is a natural or legal person, including agents and representatives.
Plant Health Regulations. Official rules to prevent the entry or spread of quarantine pests or to limit the economic effects of non-cold pests subject to regulations, including the determination of procedures for the issuance of plant health certificates.
The item under the regulations... Any plant or plant products, storage space, packaging materials, transport, container, soil, other organism, anything or any other substance that can shelter or lead to the spread of pests and may require plant health measures, particularly in international transport.
The thing... Any new organism, micro-organism or genetic formulas capable of reproduction and anything other than plant or plant products capable of carrying or sheltering a pyramid, including soil and packing materials.
The shipment... Quantity of plants, plant products or other items transported from country to country and covered by one or several plant health certificates.
Transshipment... A shipment not imported for the Syrian Arab Republic but transited and subject to formal procedures to ensure that it remains closed and that it is not fragmented, brought into other shipments or modified its packaging.
Stone. Official detention of items subject to phytosanitary regulations for observation, research, further inspection, testing or treatment.
Plants. Living plants or parts thereof, including seeds and plant genetic material.
International Convention... Any international convention or treaty to which the Syrian Arab Republic is a party.
International Plant Protection Convention International Plant Protection Convention as deposited with FAO in Rome in 1951 and subsequent amendments thereto.
Plant health certificate. Certificate modelled on the International Plant Protection Convention.
Plant products. Non-manufacture materials of vegetarian origin, including grains and planting materials of vegetation origin, which may, because of their nature or method of processing, pose a risk to the entry and spread of pests.
Preventive health measures... Any legislation, regulation or formal action aimed at preventing the introduction and spread of regulated pests or at reducing the economic impact of commonly controlled pests.
The pest. Any species, strain or biotype of the plant or animal kingdom, any pathogen, plant or plant agent or plant products, and no dead organisms that cause no stone-throwing infection.
The stone pyramid. It has a potential negative impact on the economy or region of the Syrian Arab Republic, which does not exist in or exist in the region but is not widespread and subject to official control.
The non-burial pest that's regulated... A pest that is not subject to vegetation quarantine and whose presence in agroplanes affects the targeted use of plants and has an unacceptable economic impact and is therefore subject to regulations within the territory of the importing Contracting Party.
The stereotyping... A stone-throwing or immoral pest subject to regulations.
Official control. Actual rescue of binding phytosanitary regulations and application of binding phytosanitary measures for the eradication or containment of pests.
Useful creatures... A living organism, including fungis, bacteria or vital units such as viruses, their suspicions and invertebrates declared by the Ministry as useful organisms for plant life or agricultural production in the Syrian Arab Republic.
genetically modified organisms... Any organism containing a new composition of its genetic material acquired through the use of vital techniques
Modern.
genetically modified seeds. As a result, organisms become genetically modified organisms. O.S.
The container... The box, bag or anything in which plant products can be placed in it and which can carry plant insects during or after transport.
Transport mode. A ship, aircraft, train, vehicle, vehicle, animal or anything that transports plants, plant products or things from place to place.
Soil. A middle, including a combost and mud, is able to support plant life and shelter or transport pests.
Containment... Application of plant health measures in and around the affected area to prevent the spread of a scourge.
The treatment... Officially authorized procedure for the killing, removal or rendering of pests sterile.
Removal... Application of plant health measures to eliminate a pest at some point.
Agricultural land. Farms, gardens, forests, pastures and any land in which plants are grown.
Stone zone. An area where there is a stone pest within which this scourge is officially combated.
Plantstone station. The place designated by the Minister under article 3 of this Law.
A pest risk analysis. Assessment of other vital, scientific, economic, social and environmental evidence to determine whether a particular scourge must be subject to vegetation and to determine the severity of plant health measures to be taken against it.
So import. Official document authorizing the import of plants, plant products, beneficial organisms and other items subject to regulations.
Deployment... Expansion of the geographical distribution of a scourge within a region.
Post-entry stone. The stone applied to a shipment after entry.

Chapter II
Objectives

Article 2.

a. Preventing the entry of regulated pests into the Syrian Arab Republic by regulating the importation of plant and plant products and other things in accordance with international standards.
b. Regulation of the export of plants, plant products and other objects in accordance with the plant health requirements of importing States based on international standards.
c. Organization of the introduction of beneficial organisms into the Syrian Arab Republic in conformity with international conventions to which the Syrian Arab Republic is a party, in particular the International Convention on Plant Protection.
d. Prevention of the spread of stone pests from one governorate to another (internal stone).

Chapter III
Powers of the Minister

Article 3.

The Minister oversees the application of the provisions of this Act and the issuance of its executive instructions in line with the standards, guidelines and recommendations made in the International Plant Protection Convention and the World Trade Convention on Plant Health and Health and, in particular, has the power to take action that will help to implement this law.
a. Issuance of instructions concerning the development and dissemination of supplements to this Law and lists of pests subject to regulations, plants, plant products, pests, beneficial organisms, genetically modified organisms for research, scientific experiments, soils or any other material that is restricted or prohibited to the Syrian Arab Republic.
b. Preventing or restricting the import, export, sale, cultivation, reproduction or transfer of any plant or plant products, pesticide, beneficial organisms, genetically pivotal organisms, soil or other material capable of sheltering or spreading a scourge.
c. To allow the import of any restricted or prohibited plants, plant products, pests, organisms or other material for scientific research and experiments in accordance with the basic objective of their application and the conditions required to protect public health, agriculture and the environment in the Syrian Arab Republic.
d. Identification of plant quarantine stations.
e. Request the development of plants (if necessary) imported, plant products, pests, beneficial organisms, genetically modified organisms for research, scientific experiments, soils or anything else that can harbour or carry affluents at a specific plant stone station or at any site established by the Directorate under the supervision of the technicians working in the Directorate for a specified period of time.

Chapter IV
Commissioners in plant protection

Article 4.

a. The authorized plant protection workers designated by the Minister shall have the capacity of the judicial officer and shall have the power to regulate the necessary precaution against the offenders after they have taken the right to the President of the Civil Start Court in their area of employment as follows.
I swear to God, I will do my job with all honesty and loyalty, as they are empowered to apply official control and exercise the following powers.
1. Inspection of agricultural land, plants and plant products in the field, as well as plant plants, plant products, beneficial organisms and items subject to regulations in stores or in transit, for the purpose of reporting the existence, prevalence and spread of regulated pests.
2. Inspection of shipments of plants, plant products, beneficial organisms and items subject to regulations, whether imported or exported.
3. Request for the processing of shipments of plants, plant products and items subject to regulations, whether imported or exported, including containers, packing materials, storage areas and transport.
4. Ensure the safe disposal of the remnants of the next modes of transport to the Syrian Arab Republic and the remnants of installations for the preparation or laundering of imported plant products.
5. Issuance of plant health certificates.
6. Distribution of information on regulated pests and prevention and control.
7. Any other work assigned to them by the Directorate.
b. The men of the public forces and the officers of the constable shall be assisted when requested by the authorized personnel.

Chapter V
Plant health surveillance at border gates

Article 5.

Plants, plant products, useful organisms and other items subject to import regulations shall be subject to inspection by the plant protection technician authorized at the entry point or in the final destination of the container or by any designated body, provided that the container is sealed and is treated in the form explained by the executive instructions.

Article 6.

a. Except where other legislation provides for inspection under this Act during the official hours of the various plant missions. Plant missions requiring an examination outside of official working hours are paid by the importer in accordance with the executive instructions of this Act.
b. Exposure pay outside official working times shall be distributed as follows:
1. 25% revenue for the State Treasury.
2. 20% of the AA.
3. 5% of the cooperative fund for employees, employees and employees of the Ministry.
4.50 per cent of workers and contributors to vegetation quarantine shall be distributed by decision of the Minister in accordance with the Executive Directions of this Law after deduction and distribution of remittances.

Article 7.

a. Any plant protection technician suspected of any container or mode of transport entering or moving inside and outside the Syrian Arab Republic may be eligible to report to the Directorate.
(b) Any authorized plant protection technician suspected that any container or mode of transport inside or outside the Syrian Arab Republic can provide a regulated pest or if the Directorate is mandated to suspend and inspect the container or mode of transport without the need for warrants. It also has the right to seize or retain any plant, plant products, useful organisms or any other suspect.

Article 8.

The means of transport originating or transiting must be cleared in an area that is believed to have a regulated pest if they are capable of being a means of entering or spreading these pests.

Article 9.

a. If, after inspection in accordance with the provisions of this Act, imported substances are found to constitute any risk of introducing or spreading a regulated pest or to meet the requirements of the plant health of the Syrian Arab Republic, the authorized plant protection technician may request the importer under written threats to subject these imported substances within one week to one of the following cases.
1. Appropriate treatment for risk removal.
2. Re-export to the country of origin or another State.
3. Damage to the manner specified in the hazards.
b. The shipment to the Syrian Arab Republic is detected and tested for safety by the premises approved by the Ministry by the Minister.
c. Testing can be re-tested only once upon the request of the importer by a decision of the Minister in one of the premises approved by the uninformed Ministry in which the first test was conducted in exchange for the payment of a bail specified in executive instructions and if the guarantee is valid for the first test and the result of the test is peremptory and unreasonable for any remedy or review.

Article 10.

The author of the relationship must be freed from official dangers of any article that is being reserved or confiscated in accordance with the provisions of this Act and report to the Directorate within the time period specified in the executive instructions of this Act.

Article 11.

The authorized plant protection technician is entitled to request appropriate treatment, destruction or disposal of any substance reserved in accordance with the provisions of this Act and its executive instructions where such cases are justified.

Article 12.

In the event that the importer does not or does not agree to do what is required under the provisions of this Act, the Directorate shall have the right to request treatment, destruction or disposal of such material.

Article 13.

The authorized plant protection technician may exceed the dangers set out in article 10 of this Law if it is necessary to destroy the imported material expeditiously or the risk is not feasible.

Article 14.

If the re-export of the material on the basis of article 9 of this Act is not possible or the importer does not agree to re-export or to the required treatment, the director is entitled, on the proposal of the authorized plant protection technician, to decide to destroy these substances.

Article 15.

The importer bears all responsibility and costs resulting from actions taken in implementation of the provisions of chapter VI of this Act, including the costs of loading, unloading, transport, re-export, processing, re-examination and destruction.

Chapter VI
Plant health surveillance within the Syrian Arab Republic (internal stone)

Article 16.

Any owner of plants, plant products, items subject to regulations or packagings in which these substances are loaded, or any concern of the land or place in which they are located, plant products or items subject to regulations or packagings shall be liable to tell any technician of plant protection.

Article 17.

If any plant protection tech is suspected of having a regulated pest in Earth or elsewhere, he has the right to take the following.
a. Access to these sites at any time that it deems appropriate other than home gardens or manned farms only after informing their owners.
Inspection of any plant, plant products, useful organisms, regulations, transport modes, storage areas and containers.
c. Take the necessary samples if he deems it necessary.
d. Any suspected location of a stone area shall be declared and, if necessary, the owner or occupier shall be notified in writing and, if necessary, the owners and inhabitants of neighbouring land and real estate shall be notified within a time period specified in the notification for appropriate action in their territory to remove, contain or prevent the spread of the pest regulated in accordance with the executive instructions of this Act.
e. Preventing or limiting the movement of persons, animals, transport and other means and into the quarantine area.

Article 18.

If the person in question fails with article 17 of this Act or does not have the capacity to respond to the requirements required under this article, the Directorate shall be entitled to request the authorized plant protection technician in the Area or any other person charged with such access to the land or site to carry out the procedures provided for in article 17 of this Act.

Article 19.

The costs and liability resulting from any action taken under the provisions of articles 17-18 of this Act shall be borne by the owner or operator unless the Directorate decides otherwise.

Article 20.

a. The Directorate shall periodically review the situation of each stone area in the following cases.
1. If it is found that the pandemic under the regulations is no longer present.
2. If the Directorate becomes clear that it is no longer necessary to continue placing the entire or partial affected area under quarantine and the owners and occupants of the affected areas are notified of the lifting of stone.
b. Any person suspected of having a strange scourge must inform the nearest formal agricultural centre.

Chapter VII
Emergency situations

Article 21.

a. When there are exceptional epidemiological injuries to agricultural and unexpected pests that seriously threaten plant health, the Directorate shall take immediate action to remove or contain them.
b. Expenditures incurred as a result of the work of the Directorate in pursuance of the provisions of the preceding paragraph and compensation for those affected are borne by the Ministry.

Chapter VIII
Permission granted

Article 22.

Any person who enters the Syrian Arab Republic with plants, plant products, useful organisms or regulations shall declare such items at the customs centre at the point of entry. If the said centre has information on these items, it can accommodate pests subject to the regulations as well as the container in which they are located, the said centre shall accordingly have the stone of these items and immediately inform the authorized plant protection technician.

Article 23.

Any customs officials must take note of the arrival of any of the materials mentioned in article 22 of this Act to the Syrian Arab Republic and inform the plant protection technician immediately commissioned.

Article 24.

Customs employees who detain any substance as set out in article 22 of this Act shall not be released until authorized by the authorized plant protection technician.

Chapter IX
Import procedures

Article 25.

Any shipment of plants, plant products, beneficial organisms or regulations to the Syrian Arab Republic shall be permitted only under an import permit and a plant health certificate issued by the local plant protection organization in the exporting country called in accordance with the International Plant Protection Convention.

Article 26.

Entry into the Syrian Arab Republic of soil, sand and organic fertilizers of animal origin and combust is prohibited from a plant or animal origin, contrary to article 3 of this Act.

Article 27.

The Directorate shall follow the pest risk analysis rules relevant to the following actions.
a. Determine the conditions of plant health that should be available before importing the shipment of plants, plant products, beneficial organisms or regulations.
b. Abolish certain phytosanitary conditions established in accordance with paragraph a of this article based on the level of risk associated with the import of these plants, plant products, beneficial organisms and regulations.

Article 28.

Upon arrival at the entry point, importers must immediately authorize plants, plant products, beneficial organisms and items subject to regulations.

Article 29

Subject to article 26 of this Act, passengers are prohibited from taking plants, plant products, beneficial organisms and regulations.

Chapter X
Transmissions

Rule 30.

Transit missions must be accompanied by the required plant certificate.

Article 31

The requirements of this Act apply to transit missions if they are found to contain any scourge that endangers agricultural crops in the Syrian Arab Republic.

Article 32.

If it is found that a transit shipment threatens to introduce or spread a scourge, the authorized plant protection technician may request the importer - at its own expense - to wrap the shipment with packaging materials so as to prevent leakage, entry and spread of pests during transit.

Article 33

Each exporter wishing to re-export a shipment that meets the requirements of the importing country shall apply to the authorized plant protection technician for a plant re-export certificate.

Chapter XI
Export procedures

Article 34

The exported shipment must be duly packed with packaging material and no source may open any part of the shipment after examination with a view to export.

Article 35

The exporter shall bear the export inspection costs under the provisions of this chapter.

Article 36.

The shipment must be exported within fifteen days of the issuance of the plant health certificate.

Article 37

The authorized plant protection technician is entitled to extend the period referred to in article 36 of this Act by type of shipment, storage conditions and transportation requirements not exceeding 20 days.

Chapter XII
Penalties

Article 38

a. Any person who has planted, owned, sold, sold or offered to sell, transported or distributed any plant, plant products, pests, organisms or other material knowing that their import or retention was contrary to the provisions of this Act shall be liable to a fine of 25,000 L.S. 25000 to 100,000 Syrian pounds.
b. Any person who obstructs or threatens the work of the plant protection technician during the exercise of his or her functions under the provisions of this Act shall be liable to a fine of 50,000 LS 5000.
(c) Anyone who has assaulted any technician in the exercise of his or her duties under the provisions of this Act shall be liable to a penalty of three months to six months ' imprisonment and a fine of 5000 L.S. Five thousand Syrian pounds.
d. A fine of 5,000 Syrian pounds 50,000 to 10,000 Syrian pounds shall be imposed on those who have not disclosed plants, plant products, items subject to regulations and imported useful organisms at entry points of the Syrian Arab Republic.
H. Any person who has given false information to obtain documents under the provisions of this Act shall be liable to a penalty of six months to one year ' s imprisonment and a fine of 100,000 Syrian pounds to 25,000 Syrian pounds. Any person who makes any provision under this Act shall be liable to a penalty of six months to three years ' imprisonment and a fine of 25,000 Syrian pounds to 50,000 Syrian pounds.
g. Any person who has not followed any research, examination or other action provided for in this Act or contrary to the regulations, regulations, instructions and decisions of the Ministry in accordance with the provisions of this Act shall be liable to a fine of 1,000 to 16,000 Syrian pounds to 15,000 Syrian pounds.

Article 39

If another law provides for a higher penalty for the same act than the penalties prescribed by this Act, the most severe penalty shall be applied.

Article 40.

(a) The Ministry may reconcile the offences set forth in article 38, paragraphs a.b.d.g. of this Act if the offender pays 80 per cent of the maximum fine of the offence provided for in article 38 of this Act before bringing the case to justice.
b. The fine payable under the terms of the preceding paragraph a shall be paid to the State Treasury Fund on the basis of a book issued by the Ministry at the request of the offender.
c. The legal proceedings against the offender in the event of reconciliation shall be discontinued.
d. The fines prescribed under the provisions of this Act are civil damages.

Article 41

The Ministry ' s employees whose work relates to plant protection shall be granted 10 per cent of the fines specified in this Act to be distributed by the Minister.

Chapter XIII
General and concluding provisions

Article 42

The importer shall not be entitled to compensation for the destruction of the rejected article in any way of destruction in accordance with the provisions of this Act.

Article 43

The Republican Decree repeals Act No. 237 of 1960 and its amendments regulating the agricultural quarantine.

Article 44

This Act is published in the Official Gazette and is in operation 60 days after its enactment.
Damascus, 9/11/1428 Immigration, 19/11/07.

President of the Republic
Bashar Al-Assad

Advocate Nahl al-Masri












Number of observations: 655.

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