ORGANISATION EUROPEENNE ET MEDITERRANEENNE POUR LA PROTECTION DES PLANTES
EUROPEAN AND MEDITERRANEAN PLANT PROTECTION ORGANIZATION
EPPO COLLECTION OF
PHYTOSANITARY REGULATIONS
RECUEIL OEPP DE REGLEMENTATION PHYTOSANITAIRE
ALBANIA/ALBANIE
97/6434 Law on the plant protection service of 19.01.1993
97/6435
Order N° 115 and text of the regulation on organization and functioning of plant protection service of 10.03.1995
1999-11
OEPP/EPPO
1 rue le Nôtre
75016 PARIS
ORGANISATION EUROPEENNE ET MEDITERRANEENNE POUR LA PROTECTION DES PLANTES
EUROPEAN AND MEDITERRANEAN PLANT PROTECTION ORGANIZATION
97/6434
EPPO COLLECTION OF
PHYTOSANITARY REGULATIONS
RECUEIL OEPP DE REGLEMENTATION PHYTOSANITAIRE
ALBANIA/ALBANIE
LAW ON THE PLANT PROTECTION SERVICE OF 19.01.1993
LOI SUR LA PROTECTION DES VEGETAUX DU 19.01.1993
(English text/texte en anglais)
1997-12
OEPP/EPPO
1 rue le Nôtre
75016 PARIS
REPUBLIC OF ALBANIA
PEOPLE'S ASSEMBLY
LAW
ON THE PLANT PROTECTION SERVICE
Relying on Article 16 of Law No. 7491, of April 29, 1991 "Main Constitutional Provisions", and on the proposal of the Council of Ministers,
The PEOPLE'S ASSEMBLY OF
THE REPUBLIC OF ALBANIA;
DECIDED:
CHAPTER I
General Provisions
Article 1
In this Law:
"Inspector" means an inspector of plant protection and quarantine.
"Minister" means the Minister of Food and Agriculture.
"Pest" means any form of plant or animal life, or any pathogenic agent injurious or potentially injurious to plants or plants products.
"Quarantine pest" means a pest of, potential national economic, importance to the country endangered thereby and not yet identified or identified, but not widespread and which is actively controlled.
"Pesticide" means each substance used in the prevention, controlling or destruction of plant pests.
The term encompasses chemicals used to protect plants or plant products.
"Registration" means the process of approval, sale and use of a pesticide by the relevant responsible
Government authority, based on the complete assessment of the scientific data which prove that the pesticide is efficient in its use and does not constitute a danger for human and animal health and the environment.
"Area" means the place where agricultural products are cultivated, stored, and transported.
Article 2
The purpose of this Law is to protect plants, and especially agricultural plants, from pests and nonparasitic harmful agents; to protect agricultural products from different pests; to avoid possible health risks for humans or animals originating from the use of pesticides and other plant protection measures, as well as the application of international legislation in the field of plant protection.
Article 3
The Minister by decree pronounces the list of:
1. Quarantine pests
2. Other dangerous pests, whose control is obligatory and continuous and makes the necessary amendments when necessary.
CHAPTER II
PEST CONTROL
Article 4
All juridical or physical persons that cultivate, produce, store, process and sell plants or plant products, shall take the necessary precautions against pests and prevent their spread and multiplication. They shall observe plants, soil and plant products for the appearance of pests and control them by methods, means and pesticides allowed by current legislation.
Article 5
When the intensive spread and multiplication of a pest constitutes a hazard, the inspector or the plant protection agronomist of the Commune shall oblige, through an order, the producers to apply special control measures. If the producers do not comply, the necessary action is carried out by the special plant protection bodies and the expenses are borne by the producers.
Article 6
When during cultivation, a species or variety of plant becomes a source of infection, and this infection cannot be limited by other methods, the owners shall partly or entirely substitute those plants or varieties with more resistant ones.
Article 7
In the case of a massive spread and infection of a pest whose control would require a large amount of means and personnel, the Minister has the right to mobilize the technical equipment and machinery, along with the service personnel of each owner that has them at his disposal, charging the expenses of the operation to the owner.
Article 8
For pests that are specially indicated by the Minister, the Government grants free of charge the necessary expenses for the treatment to the owners carrying out the control of these pests.
Article 9
Seeds, seedlings, grafts and other plant material serving for planting, reproduction or transplantation may be used only when, after phytosanitary tests, they are found free from quarantine pests or other dangerous pests.
If the propagative material proves to be infested with a pest above the allowed limits indicated by the relevant standards, it is treated to make it pest-free, and if this is not possible, the material is used for processing or consumption, or is destroyed, and the expenses are borne by the owner; or in special occasions by the state.
CHAPTER III
PLANT QUARANTINE
Article 10
The import, export or transit in the territory of the Republic of Albania of plants and plant products is implemented according to the provisions of this Law and the phytosanitary agreements concluded with other Governments or International Organizations.
Transit is allowed to be carried out solely through the quarantine points designated by the Minister in cooperation with the Ministry of Public Order, Ministry of Transport and Communication and the
Ministry of Economic Cooperation.
Article 11
The import, transit or export of plants or plant products without appropriate inspection and relevant phytosanitary certificate is prohibited.
The plants or plant products to be inspected will be presented in such conditions that the Inspector deems necessary to carry out the inspection.
Article 12
Imported plants or plant products found to be infected with quarantine pests shall be detained at the quarantine border point by the inspector, who has the right to return them, treat them, if possible, or destroy them at designated locations.
The cost of the treatment or destruction is borne by the owner.
Article 13
The owner dealing with cultivation, production and storage of plants or plant products, observing or suspecting the presence of a pest not previously known in the area, or an intensive pest infestation, shall immediately notify the Government authorities of the plant protection service and provide a specimen of the pest.
Article 14
Cultivation, multiplication and planting of plants infected with quarantine pests is prohibited.
If an Inspector considers that plants or plant products are infected or have a risk of being infested by a quarantine pest, he has the authority to prohibit their owner from transporting or transferring the material, for a period of time he deems necessary.
Article 15
If an area is found infested with a quarantine pest that may spread, the inspector shall declare by a written statement that the area with its surroundings is infected and will be denominated as such till a further decision of the Minister.
A copy of the declaration is given to the owner or user and the Minister. If it is deemed that the pest may spread to another area, the inspector declares through a written statement that the other area is infected.
Article 16
If, after issuing the written statement according to Article 15, the Inspector deems that immediate action is needed to control the quarantine pest, he has the right to prohibit or limit for not more than
90 days the transit of persons, plants or plant products within or outside the boundaries of the infected area. With the elimination of the reason for which the prohibition or limitation was imposed, the Inspector shall cancel the decision.
Article 17
The Minister by written order may:
a. Cancel the statement of the area declared infected according to Article 15. b. Declare infected any area not comprised in the declaration according to article 15. c. Designate, and later change, the territory of each infected area. d. Prohibit or limit the transit of persons, plants or plant products entering or leaving the area declared infected. e. Allow the transit of persons, plants or plant products, entering or leaving the area, prohibited by this Article or Article 14, paragraph 2.
Article 18
The Order of the Minister or of the Inspector to prohibit or limit, according to Article 16, supersedes any order issued by the local authorities which conflicts with the former.
Article 19
An inspector has the right to prohibit the movement of plants or plant products, if he observes infringements of this law. Immediately after prohibition of the products or plants, he informs in writing the owner or user about the time and the reasons of such action.
Article 20
When an Inspector prohibits the movement of plants or plant products, he shall compel their owner or user to store, treat or destroy them at the location where the goods have been detained, or to transport them to another location for storage, treatment or destruction, specifying the measures to be undertaken. In each case, the necessary expenses are borne by the owner or user.
Article 21
The Inspector will prohibit the movement of plants, or plant products, or act according to Article 20, for such a period of time as it is deemed that the provisions of this law are infringed.
Article 22
When an Inspector prohibits the movement of plants or plant products within the effect of this Law, he shall be assisted by the forces of public order.
Article 23
The inspector and other plant protection bodies, to enforce this Law, have the right to: a) Inspect the plants or plant products at their site of cultivation or storage or other facility where the products are stored for different periods of time, as well as the means serving for their transport. b) Obtain, on verbal order and without payment, a sample of the plants or plant products for the necessary analyses.
Article 24
Maintenance or multiplication of the pests indicated in Article 3 (paragraph a) for research and experimental purposes is allowed solely by special authorization issued by the Minister.
CHAPTER IV
PESTICIDES
Article 25
All pesticides intended to be used for phytosanitary purposes within the territory of the Republic of
Albania are submitted to registration by the Ministry of Agriculture and Food in cooperation with the Ministry of Health and Environment Protection.
The registration document is signed by the Minister. The technical opinion for the approval or denial of the registration is provided to the Minister by the State Pesticide Commission set up to that effect.
Article 26
The State Pesticide Commission exercises its activity in compliance with this law and other by-laws and regulations for this purpose, as well as the regulations approved by the Minister.
Its functions are implemented through regular meetings and a permanent secretariat at the Directorate of Plant
Protection in the Ministry of Agriculture and Food.
Article 27
The Institute of Plant Protection cooperates with the Institute of Hygiene and Epidemiology, and the
Institute of Veterinary Research for the observation of the pesticide registration scheme and submits the relevant proposals to the Pesticide Committee.
Article 28
The Minister in cooperation with the Minister of Health and Environment Protection has the right to review, postpone, annul or amend a registration decision, as well as authorize, when he deems necessary, the use of an unregistered pesticide.
Article 29
Every physical or juridical person, national or extra-national, requesting to register a pesticide, is obliged to bear the administrative expenses of the registration, the expenses, for biologicalagronomical tests, medical-toxicological and other expenses after registration on collecting information on the effect and use of this pesticide.
The quota of the administrative expenses is designated by the Minister of Agriculture and Food, the
Minister of Health and Environment Protection and the Minister of Finances and Economy.
Article 30
The physical or juridical persons, national or extra-nationals, dealing with pesticide import, must have a special import licence, issued by the minister for designated periods of time.
Article 31
The Minister has the right to annul the import licence, when he observes infringements of this Law or other by-laws originating from it, as well as extend the period of use of the license on the basis of requests submitted two months before its expiry date.
Article 32
Juridical or physical persons, nationals or extra-nationals, can market pesticides, only after being licensed by the Directorate of Agriculture of the district.
Article 33
The Directorate of Agriculture in the district has the right to declare void the marketing, licence, if infringements of this Law (or other by-laws deriving by it) are observed.
Article 34
The physical or juridical persons, nationals or extra-nationals, dealing with the import and marketing of pesticides, or the persons employed by them, should have the necessary qualifications to carry out this activity, according to criteria indicated in the regulations.
Article 35
It is recommended that pesticides be used in compliance with the specifications of the registration document.
Article 36
Pesticides shall be sold only in their original undamaged packing, with labels in the Albanian language, whose content is determined when the registration document is approved.
Persons marketing pesticides are responsible for the physical and chemical parameters of the pesticides declared on the labels.
Article 37
The Institute of Plant Protection is the institution appointed to carry out quality control of pesticides.
It has the right to obtain without payment from the physical or juridical persons, nationals or extranationals, trading pesticides, samples for analysis of the physical and chemical parameters declared on their labels.
Article 38
Pesticides shall be transported, stored, sold or used in accordance with the provisions of the law or relevant regulations concerning protection of the health of persons and animals as well as fire protection regulations.
Article 39
Pesticides are authorized to be used in field crops, orchards, vineyards, forests and grazing land or their use may be forbidden near coastal areas, lakes or reservoirs.
Article 40
Expired or ususable pesticides and their packing are disposed of in appropriate places, according to the rules and procedures set by the Ministry of Health and Environment Protection in cooperation with the Ministry of Agriculture and Food.
Article 41
The Inspector and the plant protection agronomist of` the Commune have the right to exercice control on the storage, sale and places of use of pesticides, as well as the means of their transport.
CHAPTER V
ORGANIZATION OF THE PLANT PROTECTION SERVICE
Article 42
The Plant Protection Service is organized and directed by the Minister, through the functional bodies of this service (mentioned in the Articles 43, 44, 45, 46, 47).
Article 43
The Directorate of Plant Protection in the Ministry of Agriculture and Food shall supervise the practical operation and the scientific accuracy of this service at national scale.
Application of this law shall be supervised by the Inspectorate of Plant Protection and Quarantine at the Directorate of Plant Protection with branches in agricultural bodies in the districts.
Article 44
The Institute of Plant Protection shall carry out scientific research in this field, provide diagnostics and forecasts, develop control and quarantine methods, and recommend control or quarantine measures against plant pests. It shall carry out the biological-agronomical tests for the registration of pesticides, as well as their quality control.
Article 45
The inspector of plant protection and quarantine at the Directorate of Agriculture in the district shall supervise at district scale the application of this law and issue the relevant phytosanitary certificates for plant products.
The agronomist of plant protection in the district laboratory shall diagnose, forecast and warn about the development of pest infections at district level, as well as advise methods and measures for their control.
Article 46
The plant protection agronomist in the Commune shall survey and report on the phytosanitary state of plants in the Commune, and technically assist and check the application of pest control measures and administration of pesticides according to the legislation.
Article 47
The quarantine Inspector at the border points shall check that plant products are free from quarantine pests, and also control imported pesticides, and point out the necessary measures according to the law.
In each case the control is carried out before unloading from the means of transport (boats, coaches, lorries, etc.)
Article 48
Each Inspector is provided with a document signed by the Minister, certifying his appointment as an
Inspector, and shall submit it whenever requested by the person being controlled for the purposes of this law.
CHAPTER VI
FINAL PROVISIONS
Article 49
When the infringement of the below-listed provisions does not constitute a penal act, it constitutes an administrative fault and is punishable by the inspector with a fine of 5000-20000 leks for articles
4, 5, 6, 7, 9, 11, 13, 14, 16, 17, 19, 20, 35, 38, 39, 40, and 20000-50000 for articles 10, 24, 25, 30,
32.
The right to apply fines from 1000 leks to 10000 leks for failing to respect the provisions of the articles 4, 5, 6, 9, 13, 14, 16, 36, 38, 39, and 40 rests with the plant protection agronomist in the
Commune.
Complaints may be lodged against such a decision within 5 days from the day of its notification, with the Minister for the case of Inspector, and the Director of Agriculture in the District in the case of the agronomist of plant protection at the Commune, whose decisions are final.
Article 50
Detailed rules for, the application of this Law shall be designated through a special decision of the
Council of Ministers.
Article 51
Law No. 7188 of December 29, 1987 "On the Plant Protection Service" and the regulations deriving from it are superseded.
This Law shall come into force 15 days after its publication in the Official Book.
Tirana, January the 19th, 1993
Law Number: 7662
Chairman,
Pjeter Arbnori
ORGANISATION EUROPEENNE ET MEDITERRANEENNE POUR LA PROTECTION DES PLANTES
EUROPEAN AND MEDITERRANEAN PLANT PROTECTION ORGANIZATION
97/6435
EPPO COLLECTION OF
PHYTOSANITARY REGULATIONS
RECUEIL OEPP DE REGLEMENTATION PHYTOSANITAIRE
ALBANIA/ALBANIE
ORDER N° 115 AND TEXT OF THE REGULATION ON ORGANIZATION
AND FUNCTIONING OF PLANT PROTECTION SERVICE OF 10.03.1995
ORDONNANCE N°115 ET TEXTE DE LA REGLEMENTATION
SUR L'ORGANISATION ET LE FONCTIONNEMENT
DU SERVICE DE LA PROTECTION DES VEGETAUX DU 10.03.1995
(English text/texte en anglais)
1997-12
OEPP/EPPO
1 rue le Nôtre
75016 PARIS
REPUBLIC OF ALBANIA
MINISTRY OF AGRICULTURE AND FOOD
Directorate of Plant Protection Service
Tirana, on 10.03.1995
ORDER
No . 115 Date 10.03.1995
APPROVAL OF “REGULATION ON ORGANIZATION AND OPERATION OF THE
PLANT PROTECTION SERVICE”
In implementation of the decision of Council of Ministers No 406, date 17.8.1993 “ On reorganization of the Plant Protection Service”
ORDER:
1. Approval of “Regulation on organization and operation of the plant protection service” attached to this order.
2. This regulation should be made known to Institute of Plant Protection, district Directorates of
Agriculture and Food and General Directorate of Customs.
3. This order enters into force immediately.
MINISTER
HASAN HALILI
REGULATION ON ORGANIZATION AND OPERATION OF THE
PLANT PROTECTION SERVICE
CHAPTER I
DUTIES OF ORGANISMS OF THE PLANT PROTECTION SERVICE
Article 1
The Plant Protection Service of the Republic of Albania is directed by the Ministry of Agriculture and
Food through the Directorate of the Plant Protection Service, which organizes, controls and is responsible for this service in the whole territory of the country.
Article 2
The Directorate of the Plant Protection Service (DPPS), in accordance with national agrarian policy, designs the strategy of protection of agricultural crops from pests:
defines scientific research in the field of plant protection in cooperation with the Directorate of
Science and Education and the Institute of Plant Protection (IPP);
supervises and applies a system of measures for protection of plants and plant products from pests, based on national scientific studies and international experience;
organizes the system of internal and external quarantine for the protection of national farmers' interests, in accordance with regional and international conventions and agreements;
directs and controls all procedures regarding registration, import, storage, trading, usage, disposal
(destroying), side effects, and withdrawal of pesticides.
Article 3
The DPPS draws up phytosanitary agreements with other countries and supervises the implementation of duties arising from them.
Article 4
The DPPS, on the basis of proposals of the IPP and the Department of Plant Protection in Agricultural
University, draws up the list of quarantine pests and dangerous pests, whose monitoring and control is obligatory and continuous.
Article 5
The Quarantine and Plant Protection inspectorate of the DPPS carries out inspections for the implementation of the law “On the Plant Protection Service” and subsidiary acts derived from it.
Article 6
The IPP carries out researches in the field of plant protection on:
recognition of pest biology or specific aspects of it;
definition of the appropriate manner and moment for control of pests;
use of up-to-date methods in monitoring of pests;
evaluation and development of up-to-date methods of physico-chemical analyses of pesticide formulations, efficacy evaluation trials, residue studies, treatment techniques etc.
new problems to be resolved.
Article 7
The IPP is at the service of all structures of plant protection and farmers' protection, through operational activity in accordance with available financial sources. It :
a. diagnoses and recommends control measures when required by farmers;
b. on the basis of data provided by regional centres and district plant protection laboratories, notifies the DPPS and district directorates of Agriculture and Food of the appearance of pests.
Public media are used for notifying farmers. The economically most important pests selected as the objects of the warning services;
c. performs necessary tests and analyses in support the internal and external quarantine service;
d. carries out biological and physico-chemical evaluation of pesticides during the registration procedure and monitors in practice the performance of registered pesticides;
e. gathers, processes, and draws conclusions from data sent by regional plant protection laboratories;
f. recommends plant protection measures for different crops in different ecological zones;
g. does analyses and quality control of pesticides;
h. publishes and makes known the results of its studies and international studies in the field of plant protection through publications, the media, meetings, workshops etc;
i. assists in the training of specialist and personnel who work in the field of plant protection and ensures methodical support for district plant protection laboratories.
j. --
Article 8
In the case of non implementation of duties and measures of plant protection districts and communes, specialists of the IPP keep reports, which should be presented to the DPPS for judgement.
Article 9
The plant protection and quarantine district inspector is responsible for plant protection activity and controls at the district level the implementation of the law “On plant protection service” and subsidiary acts derived from it. For this purpose he: k. supervises bodies whose activities create conditions for the multiplication and spread of plant pests and, depending on the case, takes the necessary measures. l. supervises bodies dealing with the import, storage, transport, wholesale and retail trade, use and disposal of pesticides.
Article 10
On the basis of phytosanitary analyses performed by district plant protection laboratories, the inspector provides phytosanitary certificates for : m. all plants and plant products to be exported originating in the district under his responsibility.
The model certificate is given in Appendix 1; n. all seeds and young plants for planting.
The model certificate is given in Appendix 2.
Article 11
The inspector sends to the DPPS and the IPP:
-. a phytosanitary bulletin, by the 5th day of every month.
-. an annual phytosanitary summary and activity summary of plant protection at the end of every year.
Article 12
The plant protection agronomist in the district laboratory (PPL), in cooperation with commune agronomists responsible for plant protection, lists, collects, observes pests, and forecasts, and warns of their appearance. He draws up the plan of pests subject to forecasting and warning which includes: a. list of pests subject to forecasting a.1 with forecasting points (place, person responsible for supervision) a.2 with field observation (place, person responsible for supervision)
The forecasting and warning plan is approved by the Director of Agriculture and Food of the district.
Article 13
The PPL agronomist makes phytosanitary analyses regarding: b. diagnoses of pests appearing in plants or plant products and recommends appropriate control measures. c. inspects for presence of quarantine pests on plants and plant products to be exported and seeds and young plants for planting and provides a report on them. b.1 when the plants or plant products are found to be infected by quarantine pests or other pests above the permitted standards, he defines the necessary measures in accordance with the law. All analyses should be recorded.
Article 14
The PPL agronomist, at the end of every month, completes the phytosanitary bulletin on the basis of data provided from plant protection agronomists in the communes.
Article 15
The PPL agronomist organizes and directs the training of agronomists and farmers in the communes and, in cooperation with the inspector and agronomists, organizes meetings and workshops for seasonal problems of plant protection, or for new methods of pest control.
Article 16
In the case of non-implementation of duties and measures for protection of plants and plant products, the PPL agronomist keeps records which should be presented to the inspector for evaluation.
Article 17
The plant protection agronomist of a commune (PPC) is responsible for plant protection activities and ensures at the commune scale the implementation of the law: “On the plant protection service” and subsidiary acts derived from it.
For this, he: d. inspects bodies whose activity creates conditions for the multiplication and spread of pests and, depending on the case, recommends or orders control measures. e. inspects bodies dealing with the import, storage, transport, wholesale and retail trading, usage and disposal of pesticides.
Article 18
On the basis of field observations and analyses made according to methods approved by IPP, the PPC agronomist makes a summary of the phytosanitary situation in the commune, and on 30th of every month, presents to the PPL agronomist a “Phytosanitary bulletin“ on the commune.
Article 19
The PPC agronomist advises farmers and assists them in the diagnosis of pests, notification of their appearance, control measures, the choice of the most effective pesticides to be used.
Article 20
The PPC agronomist reports on all plant protection activities in the commune through:
f. forms and summary tables
g. commune phytosanitary bulletins
h. summons, penalties, estimates, situations
i. announcements, notifications, meetings
j. diary of plant protection in the commune which should be archived to create the history of the activity of plant protection in the commune.
Article 21
The external quarantine inspector (EQ) must know and apply: k. the legislation in force for plant quarantine
l. legislation and international and regional conventions for plant quarantine of which the Republic of Albania is a contracting party, and obligations derived from them m. bilateral phytosanitary agreements and the obligations derived from them n. legislation in force on imports, transport, storage, trading, use, and disposal of pesticides, as well as full knowledge of the list of pesticides registered in Republic of Albania.
Article 22
The EQ inspector inspects every consignment of plants and plant products entering the territory of the
Republic of Albania. The results of such inspections, and of inspections of exported consignments, should be recorded according to Appendix 3.
If consignment accompanied by the appropriate phytosanitary certificate, it should be sent back to origin whetever its phytosanitary condition.
CHAPTER II
THE CONTROL OF PLANT PESTS
Article 23
The PPC agronomist must know and report in separate tables:
o. The main crops planted in the commune, their area and cultivars.
p. cultivation purpose and destination
- for consumption
- for seed production
Article 24
The PPC agronomist lists and reports the main pests of the commune and other pests that may appear.
Article 25
On the basis of data received from the district plant protection laboratory, personal experience and observations, the PPC agronomist plans the preliminary and curative measures for pest control.
Then he makes them known to commune farmers through meetings and other means of information.
Article 26
--
Article 27
The PPC agronomist and the inspector have at all times the right to enter plots or other places where plants or plant products are produced, stored, processed and traded and to inspect the situation of pests, the control measures applied, and their effect.
Article 28
If the PPC agronomist or inspector judges the spread or multiplication of a pest presents a danger for other areas: a. during the growing season b. during transportation for consumption or as planting material in other places c. during preservation he orders, in written form, the owner to take special control measures according to appendix 5.
If the producer does not apply the obligatory measures of the order within 5 days, the orderer applies a penalty, orders the treatment of plots by the intervention of plant protection bodies (person or other body qualified for such services).
Article 29
Before commencing the treatment of an infected area, the agronomist in co-operation with the person responsible for treatment, defines the cost to be paid by the producer.
Article 30
When the inspector in co-operation with the PPC agronomist and the PPL agronomist notices that a crop or a cultivar becomes an infection source whose spreading cannot be limited by other methods than the substitution of a more resistant species or cultivar, he must present to the DPPS a detailed report on situation and relevant proposals.
The DPPS can organize consultation with regional specialists or institutions if necessary, and present the relevant proposal to the State Body for Seeds and Planting Material.
Article 31
The annual subvention given by the State for plant protection should be used in accordance with the requirements of articles 7, 8 and 9 of the law “On the plant protection service”. The DPPS controls the administration of these funds put at the disposal of the regions.
Article 32
The District Directorate of Agriculture and Food present to the DPPS a report on the situation, needs for supplies, equipment, support and qualified personnel, proposals together with proposals of their source and cost.
Article 33
Minister can order, in cases of outbreak or massive spread of a pest whose control requires the mobilization of considerable technical means or support personnel:
a. relevant funds for pest control to be granted
b. qualified subjects, owing the necessary means, to control the outbreak.
The granted funds are administered by the Directorate of Agriculture and Food of the District, in accordance with financial rules in force and are reported in relevant tables (situations).
Article 34
The DPPS, on the basis of experience and forecasting data, presents every year to the Minister, for approval, the list of pests whose control will be funded by the State. This list should be made known to directorates of Agriculture and Food in the districts.
Article 35
In the case of appearance of pests whose control will be covered by the State, Directorates of
Agriculture and Food of Districts present to the DPPS a request for subvention with relevant cost estimates. Funds given are administered by the regional Directorates of Agriculture and Food in accordance with the financial rules in force, and are reported in relevant tables. The tables should be signed by farmers or the bodies which apply the pest control, the village chairman, the PPC agronomist and the district plant protection inspector.
Article 36
The PPC agronomist must identify the producers of seeds, young plants, and other plants for planting, the areas and cultivars used and, together with the inspector, must perform field inspection of planting material.
Article 37
If the inspector judges that planting material is infested by pests above the permitted standards, he suspends trade in the materials, and, with a order, has the right:
-. to prohibit use as planting material
-. to allow use as planting material only after appropriate treatment
-. to order the producer to destroy the planting material by defined methods, if he judges that infestation presents a danger even when the material is used for consumption or processing.
Article 38
Compensation by the State for the financial loss suffered by producers due to treatment processing, consumption or destruction of planting material damaged by quarantine pest or other dangerous pests, is granted only in special cases, when control of these pests has been objectively impossible.
The value of compensation is estimated by the Directorate of Agriculture and Food of the district, which presents the relevant proposal to the DPPS.
Funds given should be administered by the district Directorate of Agriculture and Food.
CHAPTER III
PLANT QUARANTINE
Article 39
Explanation of terms
“Plant” means all living plants and parts thereof, including seeds.
In “living parts of plants” are included:
-. fruits, in the botanical sense, excluding deep-frozen fruits
-. vegetables, excluding deep-frozen fruits
-. tubers, bulbs, rizhomes
-. flowers
-. branches with leaves,
-. cut trees with leaves
-. materials for planting and grafting, young plants, scions, rootstocks, and potted plants.
In “seeds” are included seeds in botanical meaning, excluding those not destined for planting.
In “ plant products” are included the unprocessed products of plant origin and processed products which by their nature, or by that of their processing, present a danger of spreading pests.
IMPORT
Article 40
Entry into the territory of the Republic of Albania of plants and plant products infested by quarantine pests is prohibited.
Entry into the territory of the Republic of Albania of plants and plant products infested by dangerous pests is authorized in cases of light infections and after being processed.
Entry of planting material is authorized according to standards currently in force.
Article 41
Quarantine inspection is performed for all plants and plant products and other objects included in appendix no 6 entering the territory of the Republic of Albania to determine whether they are infested by quarantine or other dangerous pests.
Article 42
The custom border points of quarantine inspection are settled in co-operation with the Ministries of the
Interior, of Transport and of Foreign Trade.
Article 43
Plants, plant products and their packaging and when necessary the means used for their transport, should be inspected totally or on the basis of samples.
Article 44
Plants and plant products, to enter the territory of the Republic of Albania must be accompanied by the corresponding phytosanitary certificate issued by the State Plant Protection Service of the country of origin.
Article 45
The phytosanitary certificate must:
- certify that the consignment is free from quarantine and other dangerous pests,
- be issued not earlier than 15 days before dispatch,
- include the scientific names of plants and pests,
- be written in one of official languages of the European Union,
- have the seal and signature of the quarantine service of the country of origin,
- be typed without corrections.
Article 46
The phytosanitary certificate is not required for small amounts of fresh fruits, cut flowers and flowers carried by passengers for their personal purposes.
Article 47
At entry, the phytosanitary certificate is certified (signed) and sealed by the EQ inspector at the custom point, after quarantine inspection, only if the phytosanitary requirements specified in this regulation are respected. In the contrary case, the quarantine inspector returns, treats or disposes of the consignment, at a place 1000-1500 m away from planted crops.
If only part of a consignment is infested, entry of the other part can be allowed, if there is no doubt that it is not infested and if every possibility of pest spread is excluded.
Article 48
If, during the inspection, the inspector suspects the presence of pests, but cannot identify them, he sends samples to be analysed in the laboratory of the District Plant Protection or PPI.
Article 49
Quarantine inspection must also be applied to mailed parcels containing plants and plant products.
Parcels must be packed in such a way that pests cannot escape. In these cases, inspection should be done by the district inspector of plant protection and quarantine.
TRANSIT
Article 50
All plants and plant products can pass in transit through the territory of the Republic of Albania without being inspected, provided that they are packed in a way that excludes every possibility of pest spread.
Quarantine inspection should be applied to consignments of plants in transit only if there is a suspicion that they are infested by pests, or they are not accompanied by a phytosanitary certificate or if inspection is required by the importing country.
EXPORT
Article 51
Phytosanitary inspection should be applied to all plants and plant products destined for export. They should be accompanied by the appropriate phytosanitary certificate in accordance with quarantine conditions defined by the importing country.
Appendix 2
PHYTOSANITARY CERTIFICATE (INTERNAL)
No __________________
1. Sender's address _____________________________
2. Receiver's address _____________________________
3. Product name _______________________________ Origin _____________________
4. Quantity _____________________________ intended use _____________________
5. It is certified that the above-mentioned plants and plant products have been inspected and considered free from pests or within the limits permitted by standards in force.
6. Treatment performed: chemical(s) _________________________, dose ______________ date __________________
7. Additional explanations
________________________________________________________________________________
________________________________________________________________________________
____________________________________________________________________
Issued on _______________
Date ___________________
Inspector of Plant Protection and Quarantine ______________________________
Seal
Appendix 3
CUSTOM POINT _____________
INSPECTOR ___________________
TABLE OF ENTRY OF PLANT AND PLANT PRODUCTS IN REPUBLIC OF ALBANIA
Kind of plants or plant products
Date Origin Owner Receiver
(Region, Name)
Means of transport Quantity No of phytosanitary certificate
CUSTOM POINT _____________
INSPECTOR ___________________
TABLE OF EXIT OF PLANT AND PLANT PRODUCTS FROM REPUBLIC OF ALBANIA
Kind of plants or plant products
Origin Owner Receiver
(State)
Means of transport Quantity Date No of phytosanitary certificate
State of infestation
(pests)
Phytosanitary measures taken
Remarks
State of infestation
(pests)
Phytosanitary measures taken
Remarks
Appendix 4
Commune ________________
Year ____________________
Month __________________
Agronomist ______________
15 days/month table of appearance of pests and control measures
Crop Surface (ha) Phenotypic stage of crop
Pest Biological stage of pest Dates of beginning and end of stage
Infection
L ! M ! H
Surface treated Pesticide used
Remarks
Appendix No 5
DIRECTORATE OF AGRICULTURE AND FOOD OF DISTRICT __________
COMMUNE ___________________
ORDER
ON TAKING OF SPECIAL MEASURES FOR CONTROL
I, _______________________________________, today on ________________ from inspections made in plots planted with _____________________________ located in _________________________________________________________ with owner _________________________________, notice that these plots are infested by
_________________________________________________________________
The above-mentioned owner has not taken any control measures so far / control measures taken have not been sufficient. This allows pest spread to other plots in this area, which can cause the destruction of the crops concerned.
According to the above-mentioned and on the basis of article 5 of law “On plant protection service” no
7662, date 19.1.1993, order:
To intervene immediately by following control measures:
_______________________________________________________________________________________
_______________________________________________________________________________________
_______________________________________________________________________________________ which must be performed within 5 days.
PLANT PROTECTION INSPECTOR /
COMMUNE PLANT PROTECTION AGRONOMIST
Appendix No 6
PLANTS, PLANT PRODUCTS AND OTHER ARTICLES SUBJECT TO
QUARANTINE INSPECTION
A.
PLANTS AND THEIR PARTS
- Fruits, in the botanical sense, excluding deep-frozen fruits
- Vegetables, excluding deep-frozen fruits
- Tubers, bulbs, rhizomes
- Flowers
- Branches with leaves
- Cut trees with leaves
- Rooted trees and grass plants, with or without growing medium, of all species, hybrids of wild and cultivated plants intended for multiplication, planting, growing on, preservation, research or for production of multiplication material.
B. PLANT PRODUCTS
- Dried plants, cut flowers, plant parts for decoration, bunches etc.
- Unprocessed coffee and tea
- All medicinal plants
- Cereals for human and animal consumption
- Products of food industry: flour, macaroni, etc.
- Plant materials such as: cotton, hemp, flax
- Wood.
C. EARTH AND OTHER MEDIUM FOR PLANT GROWING UP
D. LIVING ORGANISMS
1. Viruses and virus-like organisms
2. Bacteria
3. Fungi
4. Insects in all stages of their development, culture, collection and isolation.
List A - Quarantine pests
1. Fungi
Cochliobolus carbonum R.R. Nelson
Deuterophoma tracheiphila Petri
Didymella ligulicola (K.F.Baker, Dimock & L.H.Devis) von Arx
Glomerella gossypii Edgerton
Mycospaerella dearnessii M.E.Barr and M. pini H.Sydow
Phaeoisariopsis griseola (Saccardo) Ferraris
Phialophora cinerescens (Vollenweber) van Beyma
Phoma exigua var. foveata (Foister) Boerema
Phytophthora megasperma f. sp glycines Kuan & Erwin
Stenocarpella macrospora and S. maydis (Earle) Sutton
Synchytrium endobioticum (Schilbersky) Percival
Tilletia controversa Kuhn
2. Bacteria
Clavibacter michiganensis (Smith) Davis et al. subsp. insidiosus (Mc.Culloch)
Clavibacter michiganensis subsp. michiganensis (Smith) Davis et al.
Clavibacter michiganensis (Smith) Davis et al. subsp. sepedonicus (Spieckerman & Kotthoff) Davis et al.
Curtobacterium flaccumfaciens (Hedges) Collins & Jones
Erwinia amylovora (Burrill) Winslow et al.
Erwinia stewartii (Smith) Dye
Pseudomonas caryophylli (Burkholder) Starr & Burkholder
Pseudomonas solanacearum (Smith) Smith
Pseudomonas syringae Van Hall pv. persicae (Prunier et al.) Young et al.
Pseudomonas syringae pv. pisi (Sackett) Young et al.
Spiroplasma citri Saglio et al.
Xanthomonas campestris (Pammel) Dowson pv. phaseoli (Smith) Dye
Xanthomonas campestris pv. pruni (Smith) Vauterin et al.
Xanthomonas campestris (Pammel) Dowson pv. vesicatoria (Doidge) Dye
Xylophilus ampelinus (Panagopoulos) Willems et al.
3. Viruses and MLO
Grapevine flavescence doree MLO
Pear decline MLO
Potato stolbur MLO
Arabis mosaic nepovirus
Beet curly top geminivirus
Cherry necrotic rusty mottle disease
Citrus tristeza closterovirus
Plum pox potyvirus
Potato spindle tuber viroid
Tomato ringspot nepovirus
4. Nematodes
Aphelenchoides besseyi Christie
Globodera pallida (Stone) Behrens
Radopholus similis (Cobb) Thorne
Xiphinema americanum Cobb
5. Insects
Bemisia tabaci (Gennadius)
Cacoecimorpha pronubana Hubner
Ceratitis spp.
Cydia molesta (Busck)
Frankliniella occidentalis (Pergande)
Ips spp.
Liriomyza spp.
Opogona sacchari (Bojer)
Parabemisia myricae (Kuwana)
Parasaissetia nigra (Nietner)
Trogoderma granarium Everts
Unaspis yanonensis (Kuwana)
Viteus vitifoliae (Fitch)
6. Parasitic plants
Cuscuta spp.
Orobanche spp.
List B. Dangerous pests (present in the Republic of Albania and causing serious economic damage).
1. Fungi
Tilletia spp.
Ustilago spp.
Helminthosporium spp
Phytophthora infestans (Mont) de Bary
Spongospora subterranea (Wallr) Lagerh
Peronospora tabacina Adam
Phytophthora capsici Adam
Pseudoperonospora cubensis (Berk & Curt)
Colletotrichum lindemuthianum (Sacc & Magn.)mBri & Cav
Plasmopara halstedii (Farl) et Toni
Venturia inequalis (Cke) Wint and V. pirina Aderhold
Taphrina deformans (Berk) Tul.
Plasmopara viticola
Uncinula necator (Schw) Burr
2. Bacteria
Pseudomonas syringae pv. tabaci
Pseudomonas lachrymans E.F. Smith & Bryan
Agrobacterium tumefaciens (E.F.Sm. et Tiwn) Conn
Pseudomonas savastanoi Smith
3. Viruses
Potato Y potyvirus
Grapevine fanleaf nepovirus
Citrus psorosis 'virus'
Citrus xyloporosis viroid
4. Nematodes
Meloidogyne spp
Ditylenchus dipsaci Kuhn
5. Insects
Grasshoppers
Phthorimaea operculella Zelta
Leptinotarsa decemlineata Say
Acanthoscelides obtectus Say
Calandra spp.
Ephestia kuhniella Zell
Heliothis spp.
Tribolium confusum
Bruchus pisorum L.
Aceria sheldoni Awing
Ceroplastes rusci L.
Lymantria dispar L.
Quadraspidiotus perniciosus Comst
Pseudaulacaspis pentagona Targ
Lepidosaphes ulmi L.
Leucanium corni Bounche
Panonychus ulmi Koch
Eriosoma lanigerum Hausman
Psylla mali Schmid and P. pyri L.
Hyphantria cunea Drury
Eriophyes phloeocoptes.
6. Mice, Microtus arvalis etc.