THE MINISTRY OF AGRICULTURE, FISHERIES AND RURAL DEVELOPMENT

Transcription

1 THE MINISTRY OF AGRICULTURE, FISHERIES AND RURAL DEVELOPMENT Pursuant to Article 42, paragraph 3 of the Act on Plant Protection Products (Official Gazette 70/05), the Minister of Agriculture, Fisheries and Rural Development, with the approval of the Minister of Health and Social Security, hereby issues the ORDINANCE ON DESIGNATING THE BORDER CROSSING POINTS FOR THE MOVEMENT OF PLANT PROTECTION PRODUCTS Article 1 This Ordinance lays down the border crossing points designated for the movement of plant protection products across state borders and the manner in which monitoring of imports of plant protection products is to be carried out by phytosanitary inspectors in accordance with the authorisations referred to in Article 46 of the Act on Plant Protection Products. Article 2 (1) Plant protection products may be imported into the Republic of Croatia only at the border crossing points laid down in this Ordinance. (2) Monitoring of imports of plant protection products shall be carried out at border crossing points referred to in Articles 3 and 4 of this Ordinance. (3) Exports of plant protection products from the Republic of Croatia or their transit through the customs territory of the Republic of Croatia shall not be subject to phytosanitary inspection. Article 3 Until the accession of the Republic of Croatia to the European Union the following border crossing points are designated for imports of plant protection products: 1. Road border crossing points: 1.1. Bajakovo 1.2. Bregana 1.3. Goričan 1.4. Karasovići 1.5. Macelj 1.6. Metković 1.7. Rupa 1.8. Stara Gradiška 2. Railway border crossing points: 638

2 2.1. Zagreb depot train station Dobova 3. Sea border crossing points: 3.1. Ploče 3.2. Rijeka 4. Air border crossing points: 4.1. Zagreb. Article 4 After the accession of the Republic of Croatia to the European Union the following border crossing points are designated for imports of plant protection products: 1. Road border crossing points: 1.1. Bajakovo 1.2. Karasovići 1.3. Metković 1.4. Stara Gradiška 2. Sea border crossing points: 2.1. Ploče 2.2. Rijeka 3. Air border crossing points: 3.1. Zagreb. Article 5 (1) Owners of plant protection product registration certificates or importers authorised by them by means of an appropriate document and registered on the Register of Legal and Natural Persons Engaged in Trade in Plant Protection Products, customs forwarding agents authorised by them, carriers or other persons importing plant protection products shall submit an application for approval to import a plant protection product to the competent phytosanitary inspector at the border crossing point of entry immediately upon arrival of the plant protection product to be imported for the purpose of carrying out inspection. (2) Legal and physical persons referred to in paragraph 1 of this Article shall provide the phytosanitary inspector with free access to all the parts of a plant protection product consignment. (3) The plant protection product to be imported shall be reported for inspection during office hours of the phytosanitary inspection. (4) The application for approval to import a plant protection product shall be submitted in writing on Form 1 printed along with this Ordinance and forming an integral part thereof. All other documents accompanying the plant protection product in question shall be attached to the application. Article 6 (1) During the inspection of a plant protection product to be imported the phytosanitary inspector shall check: 1. whether the plant protection product is included in the Register of Authorised Plant Protection Products, i.e., does the plant protection product have a valid plant protection product registration certificate; 2. whether the legal or physical person is included in the Register of Legal and Natural Persons Engaged in Trade in Plant Protection Products;

3 3. other documents accompanying the plant protection product in question; 4. whether a label in the Croatian language is attached to the plant protection product. (2) Until the establishment of the Register referred to in item 2 of paragraph 1 of this Article the phytosanitary inspector shall check whether the legal or physical person importing a plant protection product possesses the authorisation by the owner of the plant protection product registration certificate to import the product in question. (3) By way of derogation from the provisions of items 1 to 4 of paragraph 1 of this Article, if a decision on the granting of a licence pursuant to Article 31 or Article 32 of the Act on Plant Protection Products was issued to a plant protection product to be imported, the phytosanitary inspector shall check whether the plant protection product has a valid decision on the granting of a licence for research and development or a valid decision on the granting of an extraordinary licence and whether the plant protection product is being imported in accordance with the requirements stipulated in the said decisions on the granting of permits. Article 7 (1) If the inspection conducted by the phytosanitary inspector reveals that the plant protection product complies with the requirements laid down in Article 42, paragraph 1 of the Act on Plant Protection Products and Article 6 of this Ordinance, he shall allow import of the plant protection product in question and shall write on the document serving to initiate the customs clearance procedure the following words:»approved FOR IMPORT «, state the place and date of inspection and sign and stamp the document. (2) If the inspection procedure reveals that the plant protection product in question does not comply with the requirements laid down in Article 42, paragraph 1 of the Act on Plant Protection Products and Article 6, paragraph 1, items 1 and 2, and paragraphs 2 and 3 of this Ordinance, the phytosanitary inspector shall issue a decision in accordance with Article 46, item 4 or 5 of the Act on Plant Protection Products prohibiting import of the said plant protection product. He shall write the following words:»import PROHIBITED«on the document serving to initiate the customs clearance procedure, shall state the place and date of the inspection and sign and stamp the document. (3) If the inspection procedure reveals irregularities concerning documentation or the labelling of plant protection products that can be subsequently eliminated, the phytosanitary inspector shall, pursuant to Article 46, paragraph 6 of the Act on Plant Protection Products, temporarily prohibit import of the plant protection product in question until deficiencies or irregularities are eliminated. (4) In the case referred to in paragraph 3 of this Article, after having obtained approval of the customs service, the phytosanitary inspector shall allow the plant protection product in question to be transported to a certain location, i.e., a certain bonded warehouse in the country, where, upon elimination of irregularities, the competent phytosanitary inspector shall carry out an inspection. he shall write the following words:»inspection NOT CARRIED OUT«on the document serving to initiate the customs clearance procedure. Transport under customs inspection is allowed up to... (destination). Immediately upon arrival inform the competent phytosanitary inspector in... (headquarters). Article 8 A plant protection product may be cleared through the customs only if the phytosanitary inspector approved its import in accordance with Article 7, paragraph 1 of this Ordinance. Article 9

4 The phytosanitary inspection shall keep records of plant protection product imports and import prohibitions. Records shall be kept in written or electronic form. Article 10 On the date of the entry into force of this Ordinance, the provisions of the Ordinance on plant health checks and plant protection product inspections in cross-border trade (Official Gazette 22/04, 25/04, 60/04, 101/04 and 67/05) relating to plant protection products shall cease to have effect. Article 11 This Ordinance shall enter into force on the eighth day after the day of its publication in the Official Gazette. Class: /08-01/7 Reg. No.: Zagreb, 7 February 2008 The Minister Božidar Pankretić, m. p.

5 Form 1 APPLICATION FOR APPROVAL TO IMPORT PLANT PROTECTION PRODUCTS APPLICANT Name: Address: PHYTOSANITARY INSPECTION Regional unit: Border crossing point: Telephone number: Name of the plant protection product: 2. Active substance(s): 3. Purpose * : 4. Exporter (name and address): 5. Importer (name and address): 6. Net quantity (kg/l): 7. Means of transport (type and designation): 8. Product registration number (class and reg. no. of the decision): Stamp and signature of the applicant: * (acaricide, bactericide, fungicide, herbicide, insecticide etc.)... Consignment no.: Application submitted at hours. Inspection carried out at hours. Fee charged: HRK. Remarks: Phytosanitary inspector (name, signature and stamp):

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