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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Read the untranslated law here: http://parliament.gov.sy/arabic/index.php?node=201&nid=4866&RID=-1&Last=10058&First=0&CurrentPage=9&Vld=-1&Mode=&Service=-1&Loc1=&Key1=&SDate=&EDate=&Year=&Country=&Num=&Dep=-1&

Law 26 of 2007

Regulate the export of plants and plant products



President of the Republic based on the provisions of the Constitution

And approved by the People's Assembly in its meeting held on 11/02/1428 AH corresponding to 11/12/2007 AD.
Issued the following:

First chapter definitions

Material ..1

Intended expressions following the application of the provisions of this Act show the meaning set out by both of them. The Syrian Arab Republic .. territory of the Syrian Arab Republic, internal waters and territorial sea and the soles of the territory and air space, which topped that of Syria sovereign rights by the maritime areas that Syria has the right to exercising political rights for the purpose of exploring and exploiting, conserving natural resources. the ministry .. the Ministry of Agriculture and agrarian reform. the minister .. the Minister of Agriculture and agrarian reform. Directorate .. Directorate of plant protection in the Ministry of Agriculture and agrarian reform, which exercised its functions as a national plant protection as specified in Article IV of the international plant protection Convention. Director .. Director of the Directorate. the entry point .. Ports air, sea or land border points identified officially as an entry point for travelers, transit or import or export shipments. technician and plant protection .. any worker Technician first class costly job of plant protection in the Directorate organizational units in the provinces. technician plant protection Commissioner .. any technician of the first category Commissioner decision of the Minister for the implementation of the tasks assigned to it under the provisions of Article 4 of this law. imported .. no someone the owner or recipient or an agent or broker, or anyone else has evidence or has jurisdiction over any or plant products or useful objects or other items regulated plant. person .. is a natural or legal person, including agents and representatives. regulations Health Botanical .. formal rules to prevent the introduction or spread of stone or pests to limit the economic impact of non-quarantine pests regulations including the identification of phytosanitary certification procedures. item subject to the regulations .. any plant or plant or place of storage or packaging material or mode products transport, container or soil or any other neighborhood or anything or any other material object can harbor pests or lead to the spread and can require phytosanitary measures, particularly in the media and international transport. thing .. a new neighborhood or a microscopic organism or object the genetic combinations have the ability to reproduce and anything other than plants or plant products capable of carrying or harboring the quarantine pest, including soil and packing materials. charge .. amount of plants or plant products or other items transported from one country to another and covered by Phytosanitary certificate one or several certificates.-transit shipment .. shipment is not the importer of the Syrian Arab Republic, but interpret it and be subject to official procedures to ensure its survival are closed and ensure that no dismemberment or annexation to other shipments or change packaged stone. .. formal detention for items subject to health regulations plant for placed under surveillance or research by action or for further inspection, testing or treatment. .. plants live 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 filed with the Food and Agriculture Organization in Rome in 1951 and subsequent amendments thereto. Phytosanitary certificate .. certification is designed along the lines of the model certificates in the international plant Protection Convention. plant products .. unprocessed materials of plant origin including grain manufactured materials with vegetable origin can form because of their nature or method of processing a danger in the introduction and spread of pests. preventive health measures .. any legislation or regulation or official action is intended to prevent the introduction and spread of regulated or pests to limit the economic impact of the lesions scattered under counter part. lesion .. any type or strain or a dynamic pattern follows the vegetable kingdom, animal or any pathogen or mischievous to plants or plant products are not a dead organisms that do not cause any infection lesions stone. stone lesion .. scourge her reflexes negative potential on the Syrian Arab Republic's economy or on an area where a non-existent in this region or present but not spread widely and subject to official control. lesion non-quarantine regulated .. scourge are not subject to quarantine and vegetation affect its presence in plants for planting on target for plants to use and have an economic impact that is unacceptable and therefore subject to the regulations within the territory of the importing contracting party. lesion regulated .. scourge stone or stone regulated. official control .. the actual rescue of the phytosanitary regulations binding health and the application of plant-binding health measures in order to eradicate or contain quarantine pests. beneficial organisms .. any living organism, including fungi, bacteria or vital units such as viruses and the like and invertebrates the announcement by the ministry as objects useful for plant life and agricultural production in the Syrian Arab Republic. organisms genetically modified .. any living organism contains a new installation of genetic article obtained through the use of modern biotechnology. genetically modified seeds .. the living tissue and plant parts plants and as a result become a living organisms genetically modified the .am. Or .as. Container .. Fund or the bag or anything that could plant products and which can carry plant pests during or after the transfer. The mode of transport .. any vessel, aircraft or train or vehicle, or a vehicle or an animal or anything put conveys plants or plant products or objects from one place to another. .. any soil downtown including compost, clay capable of supporting and sheltering the plant life or the transfer of pests. .. containment application of phytosanitary measures in and around the affected area to prevent the spread of the scourge. processing .. officially licensed action to kill pests, removed or rendered sterile. ablation .. application of phytosanitary measures to get rid of the scourge in the dotted what. .. agricultural land farms, gardens, forests and grasslands and any land where the plants are grown.
Quarantine area .. area where there are stone lesion being inside combat this scourge officially. Plant quarantine station .. the place to be determined by the Minister under the provisions of Article 3 of this law. .. Pest risk analysis process to assess the biological, scientific, economic and social evidence and other environmental to determine whether a specific pest should be subject to quarantine vegetation and to determine the severity of phytosanitary measures to be taken against it. authorized to import .. official document which authorizes the import of plants and plant products and objects beneficial and other regulated articles. spread .. along the distribution geographic lesion inside the area. stone .. post-entry quarantine applied to the shipment after entering. Chapter two goals article ..2

A - to prevent the entry of regulated pests to the Syrian Arab Republic and by organizing the import of plants and plant products and other objects in accordance with international standards. (B) regulating the export of plants and plant products and other objects according to the phytosanitary requirements of importing countries based on international standards. (c) regulating the introduction of beneficial organisms to the Syrian Arab Republic in accordance with the international conventions to which the Syrian Arab Republic is a party and in particular the international plant Protection Convention. (d) to prevent the spread of quarantine pests from one province to another (internal stone). Chapter III powers of the minister Article ..3

Minister oversees the application of the provisions of this law and issuing operational instructions to him in accordance with the standards and guidelines stated and recommendations of the International Plant Protection Convention and the Convention on the World Trade on SPS has for that power to take actions that help to put this law into effect and the In the following particular .. a - FAQ on the status of the publication and dissemination of this law supplements and lists of regulated plants and plant products, pests and organisms beneficial and living modified organisms pest genetically for research and scientific experiments, soil or any other material to be introduced to the Syrian Arab Republic, restricted or forbidden. (b) prevent or restrict the import, export or sale or planting or propagation or move any plants or plant products or pest or wholesome object or living modified organisms (GMO) or soil or any other material capable of harboring or publication of the scourge. (c) allow the import any restricted plant or foreclosed or plant or pest or wholesome object or any other substance for the purposes of scientific research and experience commensurate with the primary objective of the request and the conditions required to protect public health, agriculture and the environment in the Syrian Arab Republic products. (d) locating the plant quarantine stations. (e) request flora mode (if necessary) imported or plant products or pests or beneficial organisms or genetically modified organisms for research and scientific experiments, soil or anything else that could be harboring or carrying lesions in specific vegetarian quarantine station or in any infectious site by the Directorate under the supervision of technicians working in the Directorate and the specific period of time. Chapter IV
Commissioners were working in the plant protection material ..4

Shall be authorized for employees in the plant protection minister who nominated him to the decision of the status of the Judicial Police and entrust the power to regulate Alillot necessary against offenders after carrying out their oath before the President of the Civil Court of First Instance in their work area as follows .. I swear by Almighty God to do my job every honesty and dedication as they shall be entitled to apply official control and exercise the following powers .. 1. agricultural land, plants and plant products inspection in the field, in addition to plants and plant products and objects beneficial and regulated articles in warehouses or in transit for the purpose of reporting the existence of an outbreak and spread of regulated pests 0.2 - inspection of plants and plant products and objects beneficial and items regulated shipments, whether imported or intended for export. 3. Order processing plants and plant products and regulated articles shipments, whether imported or intended for export including containers and packing materials, storage areas and transportation. 4 ensure the safe disposal of the remnants of the next transport to the Syrian Arab Republic and remnants of preparation or wash plant products imported facilities. 5. issuing phytosanitary certificates 0.6 distributing information on regulated pests and prevent their spread and control. 7. any other business cost them by the Directorate. b. the men of public powers and the men of the customs control servo assistance when requested by authorized personnel. Chapter V plant health surveillance at border crossing points Article ..5

Plants and plant products and objects beneficial and other items subject to import regulations for inspection by technical and Plant Protection Commissioner are subject to a point of entry or at the final destination of the container or any other specified by the Directorate provided that they are airtight container and labeled as illustrated by the executive instructions. Article. 0.6

(A) Except as provided for in other legislation inspection is provided for in this law during the official for the various plant missionaries working hours .. The plant consignments that require examination outside official working hours shall be subject to wage their own from the importer, according to the instructions of the Executive of the law . (b) the distribution of statements that take place outside official working hours according to the following wage .. 1-25 percent revenue to the state treasury. 2-20 percent of the agricultural engineers Association. 3-5 percent of the Fund Cooperative officials and employees and workers of the ministry. 4 50 percent of employees and shareholders in plant quarantine distributed by decision of the Minister in accordance with the instructions of the Executive of the law after the transfers that lead to those paid in the transmission and distribution fees truncated. Article ..7

Shall have any technical Plant Protection suspected in any container or transfer mode interference or move inside and outside Syria could be harboring the scourge of regulated right to file a report to the directorate.
(B) be of any technician Plant Protection Commissioner suspected that any container or transfer mode interference or move inside or outside the Syrian Arab Republic could be harboring a regulated or blight if instructed to do so by the Directorate right off the container or mode of transport and inspection without having to mention the justification also it has the right to order or to retain any or plant products or useless or anything else objects plant be infected or suspected of cholera scourge regulated. Article ..8

Must purge modes of transportation that have come from or where transit area are believed to be infected with the scourge of regulated If this media able to be a means of introduction or spread of these pests. Article ..9

A. If it turns out after the inspection in accordance with the provisions of this law that the imported materials pose no risk of the introduction or spread of regulated or lesion phytosanitary requirements of the Syrian Arab Republic, the technician Plant Protection Commissioner did not meet the request from the importer, by written subjecting the imported material risks during the one-week to one of the following cases .. 1. appropriate treatment to remove the risks. 2. re-export to the country of origin or another state. 3. damage in the manner specified in the notification. (b) be detected and contained a test shipment to the Syrian Arab Republic for safety by laboratories approved by the ministry's decision of the minister. (c) can be re-test only once at the request of the importer decision of the minister in a laboratory accredited by the ministry is a detective who bail is determined executive instructions were the first test and confiscated bail in case it is proved the first test of the health of the test result be final and not subject to any of the means of appeal or review. Article ..10

Must edit the official notification to the applicant of any material being impounded or confiscated in accordance with the provisions of this Act and submit a report thereon to the Directorate within the time period specified in the executive instructions for this law. Article ..11

Technician and plant protection commissioner has the right to appropriate treatment or destruction or disposal of any material reserved asks accordance with the provisions of this law and the executive instructions when there is a justification for these cases. Article ..12

In the event of failure of the importer or his disapproval to do what was asked to under the provisions of this law, the Directorate of the right to request treatment or destruction or disposal of this material. Article ..13

May technician Plant Protection Commissioner to exceed the risks set forth in Article 10 of this Law, if it was necessary to destroy imported materials quickly or was providing dangers unfeasible. Article ..14

If the re-export of materials based on the provisions of Article 9 of the law, this is not possible or if the importer does not agree to re-export or the required processing manager is entitled based on a technical proposal of Plant Protection Commissioner may decide to destroy these materials. Article ..15 | ||
Imported bear the responsibility and costs resulting from all measures taken in implementation of the provisions of Chapter VI of this law, including loading and unloading, transport costs and re-export, processing and re-examination and destruction. Chapter VI
Plant health within the Syrian Arab Republic surveillance (internal stone) Article ..16

Must for any owner of plants or plant products or regulated items or containers loaded with these materials or any other occupant of the land or a place where there are those plants or plant products or regulated materials or packaging which is infected with the scourge regulated to tell any technician plant protection so. Article ..17

In the event of suspicion of any technical Plant Protection Commissioner of the existence of the scourge regulated in the land, or elsewhere, shall have the right to take the following .. a- access to these sites at any time it sees fit except for home gardens or farms populated only after informing the owners . b inspect any plant or plant products or useful objects or regulated materials or transport or storage container and places. (c) take the necessary samples if it deems necessary. (d) statement anywhere suspect stone area and if necessary notification the owner or occupant of this place in writing and, if necessary, notify the owners or inhabitants of territories and neighboring property during the period of time specified in the notice to take appropriate action on their land to eradicate, contain or prevent the spread of the pest regulated in accordance with the provisions of the executive regulations of this law. e prevent or limit the movement of people, animals and transport equipment and other in and out of the quarantine area. Article ..18

If the person in question has failed to Article 17 of this Law, or did not have the ability to respond to the conditions required of it under this Article shall be entitled to the Directorate to ask the technician and plant protection commissioner in the region, or anyone else cost so access to the land or the site to carry out the procedures set for in Article 17 of this law. Article ..19

The cost and responsibility arising from any action taken under the provisions of Articles 17-18 of this law is the responsibility of the owner or occupier unless Directorate decides otherwise. Article ..20
A Directorate-
on a periodic review with regard to the status of each stone area and in the following two cases .. 1. If it appears that the pest regulated no longer exist. 2. If it turns out that the Directorate is no longer necessary to continue the development of the affected area wholly or partly under the stone and be notified owners and occupants of the areas affected by the lifting of the stone. (b) every person suspected lesion strange inform the nearest official agricultural center. Chapter VII emergency Rule ..21

A -and the occurrence of extraordinary epidemic injuries agricultural and unexpected pests threaten plant health dramatically the Directorate to take all immediate measures to eradicate or contain it. (B) expenses incurred as a result of work carried out by the Directorate to implement the provisions of the preceding paragraph and to compensate those affected to fall responsibility of the ministry. Chapter VIII declaration when entering Article ..22


Every person entering the Syrian Arab Republic, along with plants or plant products or useful or regulated material objects to state these things in the customs post at the point of entry and if the CNT Information about these things indicate that he may be harboring subject to pests regulations in addition to the existing container for the aforementioned position accordingly stone these things and inform the technician and plant protection commissioner immediately. Article ..23

Must on any of the officials in the customs workers took the flag the arrival of any of the substances mentioned in Article 22 of this law to the Syrian Arab Republic and the Plant Protection Commissioner technician informed immediately. Article ..24

Must customs agents who are holding any material which is set out in Article 22 of this Law not to release it until the ear so by technical and Plant Protection Commissioner. Chapter IX import procedures Article ..25

Not allowed to enter any shipment of plants or plant products or beneficial organisms or regulated to the Syrian Arab Republic items only under import permit and health certificate plant issued by the protection of local plant organization in the exporting country labeled in accordance with the International Convention for Plant Protection. Article. 0.26

Prohibits the entry of soil, sand and organic fertilizers of animal origin and composting of vegetable or animal origin to the Syrian Arab Republic, contrary to the provisions of Article 3 of this law. Article ..27

The directorate according to the relevant pest risk analysis following procedures shall determine the rules .. phytosanitary conditions that should be met before you import a shipment of plants or plant products or beneficial organisms or regulated items. (B) cancellation of some plant health conditions determined pursuant to the provisions of paragraph (a) of this article based on the level of risk associated with the importation of these plants and plant products, beneficial organisms and regulated articles. Article ..28

Must importers after the arrival of the consignment to the entry point declaration immediately plants and plant products, beneficial organisms and regulated articles. Article ..29

Taking into account the provisions of Article 26 of this law prevents travelers pick of plants and plant products, beneficial organisms and regulated articles. Chapter X missionaries cross article ..30

Missionaries must cross accompanied by vegetable testimony be required. Article ..31

Conditions set out in this law on the missionaries trans apply if it is found to contain any lesion exposure of agricultural crops in the Syrian Arab Republic at risk. Article ..32

If it is found that the shipment passing threaten the introduction or dissemination of a pest technician can Plant Protection Commissioner may request the Almistord- and at his expense charge of Special packaging materials packaging so as to prevent leakage and the introduction and spread of pests in transit. Article ..33

On each source wants to re-export the shipment meets the requirements of the importing country should make a request to the technician and plant protection Commissioner for phytosanitary certificate for re-export. Chapter atheist ten export procedures Article ..34


Should be packing the consignment exported tightly packaging materials nor any open source may be any part of the consignment after the examination for export. Article ..35

Should bear the private screening costs to export under the provisions of this chapter. Article ..36

Must export shipment within fifteen days from the date of issuance of phytosanitary certificate. Article ..37

Entitled to technical and Plant Protection Commissioner to extend the period referred to in Article 36 of this law, according to the type of shipment and storage conditions and transport requirements no later than twenty days. Chapter XII Penalties Article ..38

Shall be punished with a fine of 25 000's. Q twenty-five thousand Syrian pounds to 100,000's. Q hundred thousand Syrian pounds each of the transplant or owned, sells, offers for sale, transfer or deployment of any or plant or pest or beneficial, or any other material objects products plant with the knowledge that import or keep them have been contrary to the provisions of this Act. (B) shall be punished by a fine 5000's Q-five thousand pounds each hindered plant protection artwork or threatened during the exercise of his functions under this Act. (c) shall be punished with imprisonment of three months to six months and a fine 0050's. Q five thousand pounds every person who violates any technical Plant Protection during the exercise of his functions under this Act. (D) shall be punished by a fine of 00 005 L x fifty thousand Syrian pounds to 000 010 L x hundred thousand Syrian pounds each did not disclose the plants and plant products and regulated articles and useful objects imported and that at the point of entry of the Syrian Arab Republic. (e) shall be punished with imprisonment from six months to one year and a fine of 10,000's. Q ten thousand Syrian pounds to 25,000 L x twenty-five thousand Syrian pounds each gave misleading information to obtain documents under the provisions of this law. And it shall be punished with imprisonment from six months to three years and a fine of 25,000 L x twenty-five thousand Syrian pounds to 50,000's. Q fifty thousand Syrian pounds each of justice or false, or damages or destroys any document issued Bojb provisions of this law g. Shall be punished by a fine of 00 001 L x ten thousand pounds to 15,000's. Q fifteen thousand Syrian pounds each did not follow any search or examination or any other procedure stipulated by this law or violates the laws and regulations, instructions and decisions issued by the Ministry in accordance with the provisions of this law. Article ..39

If another law provides for a penalty for the same act tougher than the penalties stipulated in this Law, the most punishment applied. Article ..40

A Ministry may reconcile the offenses set out in paragraphs (a) (b) (d) g of Article 38 of this Law if the violator to pay 80 percent of the maximum fine the offense provided for in Article 38 of this Law, before filing the suit to court. (b) pay the fine payable under the provisions of paragraph (a) prior to the state treasury fund based on a book issued by the ministry at the request of the offender. (c) stop legal action against the violator in the event of reconciliation on the offense. d -tad penalties specified under the provisions of this law civil compensation. Article ..41

Gives workers in the ministry who related their plant protection 10 percent of fines specified in this law are distributed by decision of the minister. Chapter XIII General and Final Provisions Article ..42


Not worth importing any damages caused by the destruction of reject material in any way of the damage pursuant to the provisions of this law. Article ..43

Repealed Presidential Decree-Law No. 237 of 1960, as amended, governing the agricultural quarantine. Article ..44

Published this law in the Official Gazette and shall be effective sixty days after the date of issue. Damascus on 11/9/1428 AH corresponding to 19/11/2007 AD.

President
Bashar al-Assad












Egyptian lawyer Nahel