About quarantine of plants
Law of the Republic of Kazakhstan dated February 11, 1999 of No. 344
Contents
Remark. In the text of the Law the words "resources of republican budget",
“republican budget" are replaced by the words "budgetary resources" – as of 20
December 2004 No 13 (enters into force on January 1, 2005).
This Law determines the legal basis, the purposes, tasks and principles of
implementation of actions for quarantine of the plants being the component of system
of ensuring national security in the territory of the Republic of Kazakhstan.
Remark. Preambule with changes introduced by the Law of the Republic of
Kazakhstan dated 17.07.2009 No 189-IV (the order of entering into force see. Art. 2).
Chapter 1. General provisions
Article 1. The main concepts used in this Law
In this Law the following main concepts are used:
1) authorized body in automobile check points - bodies of state revenues the
Republic of Kazakhstan exercising the state quarantine phytosanitary control in
automobile check points through Frontier of the Republic of Kazakhstan, matching the
customs border of the Customs union, except for laboratory examination;
1-1) the alien type - the type of the insect, the infecting agent of the plant
and the weed, absent in flora and fauna of the Republic of Kazakhstan which in case
of penetration can cause the significant economic and ecological damage;
2) introduction-quarantine nurseries - specially equipped nurseries for
identification in the import landing and seed material of the latent infection with
quarantine objects and other especially dangerous harmful organisms;
3) excluded according to the Law of the Republic of Kazakhstan from 7/10/2012 of
No. 36-V (enters into force in ten days after its first official publication);
4) quarantinable products - any materials (cargoes) by means of which quarantine
objects can extend;
4-1) the list of quarantinable products - the list of the quarantinable products
which is subject to the state quarantine phytosanitary control;
5) the quarantine zone - the territory declared in accordance with the
established procedure under quarantine in connection with identification of
quarantine object;
6) quarantine object - according to the approved list of quarantine types the
wrecker, the infecting agent of plants or the weed which can do considerable harm to
plants and the vegetative products, absent or restrictedly widespread on the
territory of the Republic of Kazakhstan;
7) the center of distribution of quarantine object - the territory on which the
quarantine object is revealed and where shall be performed or actions for quarantine
of plants are performed;
8) the quarantine certificate - the document certifying the quarantine condition
of quarantinable products, intended for interstate transportations;
9) the quarantine measure - the procedure directed on prevention of penetration
or distribution of quarantine objects in the territory of the Republic of Kazakhstan;
9-1) survey - visual inspection of quarantinable products, vehicles and
adaptations for transportation (including cabins, salons, luggage and cargo
compartments of vehicles, containers), hand luggage and luggage of physical persons;
9-2) documentary state quarantine phytosanitary control - verification of the
quarantine documents confirming phytosanitary safety of quarantinable products on
compliance to requirements of the legislation of the Republic of Kazakhstan in the
field of quarantine of plants, and also availability of coordination of authorized
body on quarantine of plants for permission of import, export or transit of
quarantine objects in the research purposes;
9-3) right restrictive measure - the quarantine measure applied by authorized
body on quarantine of plants and authorized body in automobile check points
concerning physical persons and legal entities;
9-4) the state quarantine phytosanitary control - activities of authorized body
for quarantine of plants and authorized body in automobile check points on check and
supervision over observance by checked subjects of requirements of the legislation of
the Republic of Kazakhstan in the field of quarantine of plants by results of which
measures of right restrictive nature without operational reaction can be applied;
9-5) the state quarantine phytosanitary regulation - activities of authorized
body for quarantine of plants for check and supervision over observance by checked
subjects of requirements of the legislation of the Republic of Kazakhstan in the
field of quarantine of plants by results of which measures of right restrictive
nature, including operational reaction can be applied;
10) authorized body on quarantine of plants (further - authorized body) - the
central executive body presiding and cross-industry coordination in the field of
quarantine of plants;
11) actions for quarantine of plants - system of the governmental activities
directed on the organization and work on identification, localization and liquidation
of the centers of distribution of quarantine objects, to disinfecting, technical
conversion, cleaning and destruction of infected quarantinable products, disinfecting
and cleaning of rooms and vehicles;
12) the republican state company on the right of economic maintaining, on
ensuring quarantine of plants - the republican state company on the right of the
economic maintaining, created by the Government of the Republic of Kazakhstan;
13) excluded by the Law of the Republic of Kazakhstan from 06.01.2011 of No. 378IV (enters into force in ten days after its first official publication);
14) quarantine of plants (phytosanitary protection) - the legal regime providing
system of actions for quarantine of plants, the vegetative resources of the Republic
of Kazakhstan directed on protection and products of the phytogenesis from quarantine
objects;
15) the phytosanitary control post - division of department of the authorized
body, located in the territory of border and customs clearance stations (check points
through the Frontier of the Republic of Kazakhstan matching the customs border of the
Customs union, except for automobile check points), and also in the places determined
by authorized body, equipped with the necessary equipment and the devices, exercising
the state quarantine phytosanitary regulation;
16) the phytosanitary certificate - the document certifying the quarantine
condition of export quarantinable products;
17) the assessment of phytosanitary risk - the scientific and reasonable
assessment of probability of penetration, rooting or distribution of quarantine
objects taking into account phytosanitary measures which could be applied, and the
connected with it potential biological and economic consequences, carried out by the
research organizations and authorized body;
18) fumigation groups - divisions of the republican state company for ensuring
quarantine of the plants, performing disinfecting of quarantinable products by the
method of gas disinsection according to instructions of authorized body or according
to appeals of physical persons and legal entities.
Remark. Article 1 in the edition the Law of the Republic of Kazakhstan dated
17.07.2009 of No. 189-IV (the order of entering into force see art. 2); with changes
introduced by the Laws of the Republic of Kazakhstan dated 30.06.2010 of No. 297-IV
(enters into force on 01.07.2011); dated 06.01.2011 of No. 378-IV (enters into force
in ten days after its first official publication); dated 05.07.2011 of No. 452-IV
(enters into force on 13.10.2011); from 10.07.2012 of No. 34-V (enters into force on
the day of its first official publication); dated 10.07.2012 of No. 36-V (enters into
force in ten days after its first official publication); dated 13.06.2013 of No. 102-
V (enters into force in ten days after its first official publication); dated
29.12.2013 of No. 269-V (enters into force on 12.02.2015).
Article 2. The legislation of the Republic of Kazakhstan in the field of quarantine
of plants
1. The legislation of the Republic of Kazakhstan in the field of quarantine of
plants is based on the Constitution of the Republic of Kazakhstan and consists of
this Law and other regulatory legal acts.
2. If the international treaty ratified by the Republic of Kazakhstan,
establishes other rules, than what are provided by this Law, are applied rules of the
international treaty.
Remark. Article 2 in the edition of the Law of the Republic of Kazakhstan dated
17.07.2009 of No. 189-IV (the order of entering into force see art. 2)
Article 3. Main objectives of quarantine of plants
The main objectives of quarantine of plants are:
1) protection of the territory of the Republic of Kazakhstan from entering or
independent penetration from other states or from the quarantine zone of quarantine
objects;
2) identification, localization and liquidation of quarantine objects, and also
the prevention of their penetration into regions of the Republic of Kazakhstan where
they are absent;
3) carrying out the state quarantine phytosanitary control and supervision of the
compliance with law of the Republic of Kazakhstan in the field of quarantine of
plants.
Remark. Article 3 in the edition of the Law of the Republic of Kazakhstan dated
17.07.2009 of No. 189-IV (the order of entering into force see art. 2); dated
06.01.2011 of No. 378-IV (enters into force in ten days after its first official
publication); dated 29.12.2013 of No. 269-V (enters into force on 12.02.2015).
Article 4. Principles of implementation of actions for quarantine of plants
Remark. The headline of Article 4 with changes introduced by the Law of the
Republic of Kazakhstan dated 17.07.2009 of No. 189-IV (the order of entering into
force see art. 2).
Principles of implementation of actions for quarantine of plants for the
territories of the Republic of Kazakhstan are:
1) ensuring protection of vegetative resources and products of the phytogenesis
from spoil and destruction by quarantine objects for the purpose of maintenance of
food and raw security of the Republic of Kazakhstan and safety of property;
2) state regulation in the field of quarantine of plants, the state quarantine
phytosanitary control and supervision, responsibility for violation of the
legislation of the Republic of Kazakhstan in the field of quarantine of plants;
3) objective, scientifically reasonable assessment of possible impact of
quarantine objects on vegetative resources and products of the phytogenesis and
prevention of drawing of possible harm by them;
4) quarantinable products (quarantinable cargoes, quarantinable materials, the
quarantinable goods) (further - quarantinable products) - plants, products of the
phytogenesis, container, packaging, cargoes, the soil, organisms or materials which
can be carriers of quarantine objects (quarantine harmful organisms) and (or) to
promote their distribution, included in the list of quarantinable products and
concerning which acceptance of quarantine measures is necessary;
4-1) the list of quarantinable products - the list of the quarantinable products
which is subject to the state control in the field of quarantine of plants;
5) international cooperation in the field of quarantine of plants.
Remark. Article 4 with changes introduced by the Law of the Republic of
Kazakhstan dated 31.01.2006 No 125; dated 17.07.2009 of No. 189-IV (the order of
entering into force see art. 2); dated 06.01.2011 of No. 378-IV (enters into force in
ten days after its first official publication); dated 10.11.2014 of No. 249-V (enters
into force in ninety days after its first official publication).
Chapter 2. State regulation in the field of quarantine of plants
Article 5. State regulation in the field of quarantine of plants
State regulation in the field of quarantine of plants is performed by the
Government of the Republic of Kazakhstan, authorized body, including its department
with territorial subdivisions, including phytosanitary control posts.
Remark. Article 5 in the edition of the Law of the Republic of Kazakhstan dated
17.07.2009 of No. 189-IV (the order of entering into force see art. 2)
Article 6. State system of ensuring quarantine of plants
Into the state system of ensuring quarantine of plants of the Republic of
Kazakhstan enter:
1) Government of the Republic of Kazakhstan;
2) authorized body;
3) public institutions on ensuring quarantine of plants: republican, zone
quarantine laboratories and laboratories in case of phytosanitary control posts;
introduction-quarantine nurseries;
republican methodical center of phytosanitary diagnostics and forecasts;
4) the republican state company for ensuring quarantine of plants with
phytosanitary laboratories and fumigation groups;
5) authorized body in automobile check points.
Remark. Article 6 in the edition of the Law of the Republic of Kazakhstan dated
17.07.2009 of No. 189-IV (the order of entering into force see art. 2); with changes
introduced by the law of the Republic of Kazakhstan dated 10.11.2014 of No. 249-V
(enters into force in ninety days after its first official publication).
Article 6-1. Competence of the Government of the Republic of Kazakhstan
Government of the Republic of Kazakhstan:
1) provides development of relations of the Republic of Kazakhstan with foreign
states in the field of quarantine of plants;
2) creates public institutions and the republican state company for ensuring
quarantine of plants;
3) carries out other functions assigned to it by the Constitution, the laws of
the Republic of Kazakhstan and acts of the President of the Republic of Kazakhstan.
Remark. Chapter 2 is supplemented by Article 6-1 in accordance with the Law of
the Republic of Kazakhstan dated 17.07.2009 of No. 189-IV (the order of entering into
force see art. 2); in the edition of the Law of the Republic of Kazakhstan dated
29.09.2014 of No. 239-V (enters into force in ten days after its first official
publication).
Article 7. Competence of authorized body
1. Authorized body:
1) creates and implements the state policy in the field of quarantine of plants;
2) exercises the state quarantine phytosanitary control and supervision;
3) performs coordination and the methodical management, and also control of
observance by local executive bodies of the legislation of the Republic of Kazakhstan
in the field of quarantine of plants;
4) develops and approves rules on withdrawal and destruction of the quarantinable
products infected with quarantine objects, not subject to disinfecting or conversion;
5) develops and approves the phytosanitary requirements shown to imported
quarantinable products;
6) develops and approves the list of quarantinable products;
7) develops and approves rules on protection of the territory of the Republic of
Kazakhstan from quarantine objects and alien types;
8) develops and approves the list of quarantine objects and alien types in
relation to which actions for quarantine of plants are established and performed;
9) makes the decision on establishment of the quarantine zone with introduction
of the quarantine mode or its cancellation in the territory of two or more areas, and
also develops and approves the procedure for carrying out actions for quarantine of
plants in these zones and exercises control and supervision of their carrying out;
10) develops and approves the procedure for creation of the inventory of
pesticides (agricultural chemicals) for carrying out actions for quarantine of
plants;
11) exercises control of the compliance with law of the Republic of Kazakhstan in
the field of quarantine of plants by local executive bodies, including free visit of
all objects of control and supervision, issue of obligatory instructions for
execution on elimination of the revealed violations of the legislation of the
Republic of Kazakhstan in the field of quarantine of plants;
12) determines the list of quarantine objects in relation to which actions for
quarantine of plants are established and performed;
13) creates the database about availability and distribution of quarantine
objects in the Republic of Kazakhstan and other states, measures and actions for
fight against them and provides information to interested persons;
14) develops and approves regulations on the state inspectors on quarantine of
plants;
15) approves methods, techniques, the recommendations regulating the procedure
and methods of implementation of actions for quarantine of plants;
16) develops together with the research organizations quarantine measures on the
basis of scientific valuation principles of phytosanitary risk taking into account
requirements of the international norms and recommendations and exercises permanent
control and supervision of their accomplishment by physical persons and legal
entities;
17) establishes qualification requirements on class of the position of the Main
state inspector in quarantine of plants and the state inspectors in quarantine of
plants;
18) will organize carrying out actions for quarantine of plants and exercises
control and supervision of their carrying out within the competence;
19) determines conditions of transit of quarantinable products;
20) performs public procurements of pesticides (agricultural chemicals), works
and services in their storage, transportation, application for carrying out actions
for quarantine of plants according to the procedure, established by the legislation
of the Republic of Kazakhstan on public procurements;
21) creates the inventory of pesticides (agricultural chemicals) for carrying out
actions for quarantine of plants according to the procedure, established by the
legislation of the Republic of Kazakhstan;
22) distributes on the territory of the Republic of Kazakhstan the pesticides
(agricultural chemicals) acquired at the expense of budgetary funds, for carrying out
actions for quarantine of plants;
23) carries out on phytosanitary control posts permanent primary quarantine
examination of imported quarantinable products, if necessary - its laboratory
examination with sampling, vehicles, hand luggage and luggage and considers
quarantine documents on imported and transit quarantinable products;
24) carries out in terminal points of receipt of imported quarantinable products
permanent secondary quarantine examination of these products, if necessary - its
laboratory examination with sampling, taking into account the phytosanitary
characteristic of the territory and the place of its origin, the destination, and
also zones, free from quarantine objects or with their insignificant prevalence, and
considers quarantine documents;
25) carries out in places of shipment of exported quarantinable products
permanent quarantine examination, if necessary - laboratory examination with sampling
and phytosanitary certification;
26) carries out documentary state quarantine phytosanitary control on
phytosanitary control posts of imported, exported and transit quarantinable products;
27) carries out permanent examination of quarantinable products, if necessary its laboratory examination with sampling and considers quarantine documents on
objects of domestic trade and in the organizations of the Republic of Kazakhstan;
28) carries out permanent control selective inspections of the territories and
premises of the organizations, objects of domestic trade, the peasant or farmer,
near-territory and country economy which is growing up, preparing, warehousing,
processing and implementing products of the phytogenesis, lands of agricultural,
wood, water and other purpose;
29) issues and supervises execution of the instruction:
about elimination of the revealed violations of the legislation of the Republic
of Kazakhstan in the field of quarantine of plants;
about accomplishment of actions for quarantine of plants;
30) sends the action for declaration to court about prohibition or suspension of
activities of individual entrepreneurs and legal entities according to the procedure
and on the bases established by legal acts of the Republic of Kazakhstan;
31) will organize and supervises actions for research of the import sowing and
landing material in introduction-quarantine nurseries on availability of the hidden
contamination quarantine objects and alien types;
32) issues phytosanitary and quarantine certificates on quarantinable products;
33) provides accomplishment of the international norms and requirements according
to the signed agreements in the field of quarantine of plants;
34) performs international cooperation in the field of quarantine of plants;
35) excluded by the Law of the Republic of Kazakhstan from 29/12/2014 of No. 269V (enters into force since 01.01.2015);
36) develops and approves within the competence regulatory legal acts in the
field of quarantine of plants;
37) performs other powers provided by this Law and other legislation of the
Republic of Kazakhstan.
2. The head of department is the Main state inspector on quarantine of plants of
the Republic of Kazakhstan, and his deputy - the Deputy Main state inspector on
quarantine of plants of the Republic of Kazakhstan.
Heads regional (the cities of republican value, the capital) territorial
subdivisions of department are the main state inspectors on quarantine of plants of
the corresponding areas (the city of republican value, the capital).
Other officials of department and its territorial subdivisions, directly
exercising the state quarantine phytosanitary control and supervision, are the state
inspectors on quarantine of plants.
3. The authorized body performs the activities in interaction with boundary,
customs, law enforcement and other state bodies.
4. The decision of authorized body accepted within its powers, is obligatory for
execution by officials, physical persons and legal entities.
5. State bodies and their officials shall assist authorized body in the solution
of the tasks assigned to it.
Remark. Article 7 in the edition of the Law of the Republic of Kazakhstan dated
31.01.2006 of No. 125; with the changes introduced by the Laws of the Republic of
Kazakhstan dated 17.07.2009 No 189-IV (the order of entering into force see atr. 2);
dated 19.03.2010 of No. 258-IV; dated 06.01.2011 of No. 378-IV (enters into force in
ten days after its first official publication); dated 24.03.2011 of No. 420-IV
(enters into force in ten days after its first official publication); dated
05.07.2011 of No. 452-IV (enters into force on 13.10.2011); dated 10.07.2012 of No.
36-V (enters into force in ten days after its first official publication); dated
13.06.2013 of No. 102-V (enters into force in ten days after its first official
publication); dated 29.09.2014 of No. 239-V (enters into force in ten days after its
first official publication); dated 10.11.2014 of No. 249-V (enters into force in
ninety days after its first official publication); dated 29.12.2013 of No. 269-V
(enters into force on 12.02.2015).
Article 7-1. Functions of public institutions on ensuring quarantine of plants
1. Republican, zone quarantine laboratories and laboratories in case of
phytosanitary control posts determine specific structure of quarantine objects and
alien types in the samples arriving for laboratory examination.
2. Introduction-quarantine nurseries reveal the hidden contamination in the
import, sowing and landing materials arriving on check.
3. The republican methodical center of phytosanitary diagnostics and forecasts
reveals the centers of distribution of quarantine objects and determines borders of
their distribution.
Remark. Article 7-1 in the edition of the the Law of the Republic of Kazakhstan
dated 17.07.2009 of No. 189-IV (the order of entering into force see art. 2) with
changes introduced by the Law of the Republic of Kazakhstan dated 10.07.2012 of No.
34-V (enters into force on the day of its first official publication).
Article 7-2. The state monopoly in the field of quarantine of plants
1. Localization and liquidation of the centers of distribution of quarantine
objects belong to the state monopoly and are performed by the republican state
company for ensuring quarantine of plants.
Activities for implementation of phytosanitary examination of quarantinable
products are technologically connected with activities for localization and
liquidation of the centers of distribution of quarantine objects.
2. The prices for the goods (works, services), made and (or) implemented by the
subject of the state monopoly, are established by authorized body in coordination
with anti-monopoly body.
Remark. Chapter 2 is supplemented by Article 7-2 in accordance with the Law of
the Republic of Kazakhstan dated 17.07.2009 of No. 189-IV (the order of entering into
force see art. 2); in the edition of the Law of the Republic of Kazakhstan dated
10.07.2012 No. 34-V (enters into force on the day of its first official publication);
dated 29.09.2014 of No. 239-V (enters into force in ten days after its first official
publication).
Article 7-3. Competence of authorized body of automobile check points
1. Authorized body in automobile check points:
1) carries out in automobile check points through the Frontier of the Republic of
Kazakhstan matching the customs border of the Customs union, the state quarantine
phytosanitary control of the imported, exported and transit quarantinable products
moved in vehicles and adaptations for transportation (including cabins, salons,
luggage and cargo compartments of vehicles, containers), hand luggage and luggage of
physical persons, draws up the statement of quarantine phytosanitary control and
supervision, puts down on accompanying goods-transportation documents the
corresponding stamp of the established sample about passing of the state quarantine
phytosanitary control and supervision;
2) carries out documentary state quarantine phytosanitary control, and also
survey and (or) examination of imported, exported and transit quarantinable products
in automobile check points through the Frontier of the Republic of Kazakhstan
matching the customs border of the Customs union;
3) issues and supervises execution of the instruction in automobile check points
through the Frontier of the Republic of Kazakhstan matching the customs border of the
Customs union:
about elimination of the revealed violations of the legislation of the Republic
of Kazakhstan in the field of quarantine of plants;
about accomplishment of actions for quarantine of plants;
4) performs other powers, the stipulated by the legislation Republic of
Kazakhstan.
2. The authorized body in automobile check points performs the activities in
interaction with authorized body, boundary and other state bodies.
Remark. Chapter 2 is supplemented by Article 7-3 in accordance with the Law of
the Republic of Kazakhstan dated 10.11.2014 of No. 249-V (enters into force in ninety
days after its first official publication).
Article 8. The rights of the state inspectors on quarantine of plants
When implementing the state quarantine phytosanitary control and supervision the
state inspectors on quarantine of plants have the right:
1) to detain according to the procedure, established by the legislation of the
Republic of Kazakhstan, quarantinable products and objects of the state quarantine
phytosanitary control and supervision for carrying out survey, examination,
phytosanitary examination and, if necessary, disinfecting, destruction, and also in
case of their transportation without the phytosanitary or quarantine certificate or
in cases of discrepancy to phytosanitary requirements;
1-1) to apply to (enter) temporary quarantine measures concerning the
quarantinable products imported from other states, data on which phytosanitary
condition are not studied, and also in case of insufficiency of scientific reasons on
the basis of available information, including information received from relevant
international organizations, and information on the phytosanitary measures accepted
by other states;
2) to visit and carry out inspections of objects of the state quarantine
phytosanitary control and supervision about observance of requirements of the
legislation of the Republic of Kazakhstan, to receive necessary for implementation of
the powers information according to the procedure, established by the legislation of
the Republic of Kazakhstan;
3) to select samples of quarantinable products for carrying out laboratory
examination;
4) to take out to physical persons and legal entities, and also officials of
local executive bodies of the instruction about carrying out necessary actions for
quarantine of plants in the centers of distribution of quarantine objects and on
transport;
5) to involve in the administrative responsibility of officials, the physical
persons and legal entities which have allowed violations of the legislation of the
Republic of Kazakhstan in the field of quarantine of plants;
6) to stop or forbid activities or its separate types in cases, stipulated in
Clause 48 Codes of the Republic of Kazakhstan about administrative offenses, with
obligatory presentation within three days of materials on the case of the
administrative offense in court. Thus the act of prohibition or suspension of
activities is effective before adjudication.
Remark. Article 8 with the changes introduced by the Laws of the Republic of
Kazakhstan dated 29.11.1999 No 488; dated 18.02.2002 No 293; dated 20.12.2004 No 13
(enters into force on January 1, 2015); dated 17.07.2009 No 188-V (the order of
entering into force see art. 2); dated 17.07.2009 No 189-IV (the order of entering
into force see art. 2); dated 06.01.2011 of No. 378-IV (enters into force in ten days
after its first official publication); dated 05.07.2011 of No. 452-IV (enters into
force on 13.10.2011); dated 10.07.2012 of No. 36-V (enters into force in ten days
after its first official publication); dated 05.07.2014 of No. 236-V (enters into
force on 01.01.2015); dated 29.09.2014 of No. 239-V (enters into force in ten days
after its first official publication); dated 10.11.2014 of No. 249-V (enters into
force in ninety days after its first official publication).
Article 8-1. The inventory of pesticides (agricultural chemicals) for localization
and liquidation of the centers of distribution of quarantine objects
1. The inventory of pesticides (agricultural chemicals) for localization and
liquidation of the centers of distribution of quarantine objects represents the
certain amount of regularly updated pesticides (agricultural chemicals) and is the
state-owned property, at disposal maintaining (order) of authorized body.
2. The inventory of pesticides (agricultural chemicals) is intended for
localization and liquidation of the revealed centers of distribution of quarantine
objects and is created of amount of the pesticides (agricultural chemicals) bought at
the expense of budgetary funds.
3. (excluded)
Remark. Supplemented by Article 8-1 by the Law of the Republic of Kazakhstan
dated 03.07.2003 of No. 463. Changes introduced – dated December 20, 2004, No 13
(enters into force on January 1, 2005).
Article 9. Obligations of the persons which activities are connected with
quarantinable products
Remark. The headline of Article 9 in the edition of the Law of the Republic of
Kazakhstan dated 17.07.2009 of No. 189-IV (the order of entering into force see art.
2).
State bodies, the physical persons and legal entities, which activities it is
connected with production, procurement, conversion, storage, transportation and sale
of quarantinable products, shall:
1) to observe and fulfill requirements of the legislation of the Republic of
Kazakhstan in the field of quarantine of plants and instructions of authorized body
about carrying out the relevant activities for quarantine of plants;
2) to show on request of the state inspectors on quarantine of plants of data on
availability of quarantinable products and quarantine objects;
3) to provide systematic inspection of crops, the territories, warehouses where
quarantinable products are stored, and also to represent for survey and examination
available quarantinable products;
4) in case of identification of quarantine objects without delay to notify
authorized body.
Remark. Article 9 with the changes introduced by the Law of the Republic of
Kazakhstan dated 17.07.2009 No 189-IV (the order of entering into force see art. 2);
Article 9-1. Competence of local executive bodies of areas (city of republican value,
capital)
Local executive bodies of areas (city of republican value, capital):
1) record distributions of quarantine objects and provide information to
authorized body and interested persons;
1-1) implement the state policy in the field of quarantine of plants;
2) on objects of the state quarantine phytosanitary control and supervision will
organize carrying out actions for quarantine of plants by physical persons and legal
entities - owners of these objects, and also state bodies;
3) make the decision on establishment of the quarantine zone with introduction of
the quarantine mode or its cancellation in the corresponding territories on
representation of authorized body;
4) perform in interests of local public administration other powers assigned to
local executive bodies by the legislation of the Republic of Kazakhstan.
Remark. The Law is supplemented with the Article 9-1 in accordance with the law
of the Republic of Kazakhstan dated 18.02.2002 No 293; in the edition of the Law of
the Republic of Kazakhstan dated 10.01.2006 No 116 (the order of entering into force
see Art.2 of the Law No 116); with the changes introduced by the Laws of the Republic
of Kazakhstan dated 31.01.2006 No 125; dated 17.07.2009 No 189-IV (the order of
entering into force see art. 2); dated 05.07.2011 of No. 452-IV (enters into force on
13.10.2011); dated 13.06.2013 of No. 102-V (enters into force in ten days after its
first official publication); dated 29.09.2014 of No. 239-V (enters into force in ten
days after its first official publication); dated 29.12.2014 of No. 269-V (enters
into force on 12.02.2015).
Article 9-2. State quarantine phytosanitary control and supervision
Remark. The headline of Article 9-2 in the edition of the Law of the Republic of
Kazakhstan dated 10.11.2014 of No. 249-IV (enters into force in ninety days after its
first official publication).
1. The state quarantine phytosanitary control and supervision is performed in the
form of check and other forms.
2. Check is performed according to the Law of the Republic of Kazakhstan "About
the state control and supervision". Other forms of the state control are performed
according to this Law.
Remark. Chapter 2 is supplemented by the Article 9-2 in accordance with the Law
of the Republic of Kazakhstan dated 17.07.2009 No 188-V (the order of entering into
force see art. 2); with the changes introduced by the Law of the Republic of
Kazakhstan dated 06.01.2011 of No. 378-IV (enters into force in ten days after its
first official publication); dated 10.11.2014 of No. 249-V (enters into force in
ninety days after its first official publication).
Chapter 3. State quarantine phytosanitary control and supervision
Remark. The headline of chapter 3 in the edition of the Law of the Republic of
Kazakhstan dated 10.11.2014 of No. 249-V (enters into force in ninety days after its
first official publication).
Article 10. Implementation of the state quarantine phytosanitary control and
supervision
1. The state quarantine phytosanitary control and the supervision performed
according to subparagraphs 23), 24) and 26) Item 1 of Article 7 of this Law for the
purpose of prevention of import and distribution in the territory of the Republic of
Kazakhstan of quarantine objects, is performed by the state inspectors on quarantine
of plants of authorized body.
Carrying out constants quarantine inspections of quarantinable products, its
laboratory examination with sampling, control selective inspections, consideration of
quarantine documents and implementation of the state quarantine phytosanitary
regulation of accomplishment of actions for quarantine of plants for the purpose of
prevention of import on the territory of the Republic of Kazakhstan of quarantine
objects, timely identification, localization and liquidation of the available centers
of their distribution are directed on protection of vegetative and food resources,
non-admission of unforeseen costs of budgetary funds on fight against quarantine
objects, and also increase of competitiveness of the domestic production.
2. The state quarantine phytosanitary control performed according to
subparagraphs 1) and 2) of Item 1 of Article 7-3 of this Law for the purpose of
prevention of import and distribution in the territory of the Republic of Kazakhstan
of quarantine objects, is performed by officials of authorized body in automobile
check points.
3. The state quarantine phytosanitary control and supervision, documentary state
quarantine phytosanitary control, survey of vehicles, survey, examination of
imported, exported and transit quarantinable products, carrying out quarantine
measures are directed on safety of property of the people relating to objects of
control and supervision on quarantine of plants.
Remark. The Article 10 in the edition of the Law of the Republic of Kazakhstan
dated 10.11.2014 of No. 249-V (enters into force in ninety days after its first
official publication).
Article 11. The officials exercising the state quarantine phytosanitary control and
supervision
Remark. The headline of article 11 in the edition of the Law of the Republic of
Kazakhstan dated 10.11.2014 of No. 249-V (enters into force in ninety days after its
first official publication).
1. Officials of department and its territorial subdivisions with the
phytosanitary control posts, directly exercising the state quarantine phytosanitary
control and supervision, are provided with uniform (without the shoulder strap).
The list of the officials having the right to carrying of uniform (without the
shoulder strap), samples of uniform (without the shoulder strap) and the procedure
for carrying are determined by authorized body.
Natural regulations of providing with uniform (without the shoulder strap) affirm
authorized body in coordination with the central authorized body on budgetary
planning.
2. The officials exercising the state quarantine phytosanitary control and
supervision, have the right to compensation of the harm caused to their life and
health, according to the procedure, established by the civil legislation of the
Republic of Kazakhstan.
Remark. Article 11 in the edition of the Law of the Republic of Kazakhstan dated
17.07.2009 No 189-IV (the order of entering into force see art. 2); with the changes
introduced by the Laws of the Republic of Kazakhstan dated 06.01.2011 of No. 378-IV
(enters into force in ten days after its first official publication); dated
06.01.2011 of No. 379-IV (enters into force in ten days after its first official
publication); dated 29.09.2014 of No. 239-V (enters into force in ten days after its
first official publication); dated 10.11.2014 of No. 249-V (enters into force in
ninety days after its first official publication).
Article 12. Objects of the state quarantine phytosanitary control and supervision
Remark. The headline of article 12 in the edition of the Law of the Republic of
Kazakhstan dated 10.11.2014 of No. 249-V (enters into force in ninety days after its
first official publication).
Objects of the state quarantine phytosanitary control and supervision are:
1) seeds and the landing material of agricultural, wood and decorative cultures,
plants and their parts (shanks, bulbs, tubers, fruits), and also any other products
of the phytogenesis which can be the carrier of quarantine objects;
2) causative agents of diseases of plants - cultures of live mushrooms, viruses,
bacteria, and also nematodes, pincers and insects;
3) collections of insects, causative agents of diseases of plants, herbariums and
collections of seeds;
4) agricultural machines and tools for processing of the soil, the vehicles, all
types of container, packaging materials, manufactured goods and products from
vegetative materials, monoliths and samples of the soil which can be carriers of
quarantine objects;
5) the territory and premises of the organizations, the peasant or farmer,
priusadebny and country economy which is growing up, preparing, warehousing,
processing and implementing products of the phytogenesis, the earth of agricultural,
wood, water and other purpose;
6) objects of domestic trade, railway stations, road service stations, river
ports, piers, organizations of the mail service;
7) observance by local executive bodies of the legislation of the Republic of
Kazakhstan in the field of quarantine of plants.
Remark. Article 12 with the changes introduced by the Laws of the Republic of
Kazakhstan dated 10.01.2006 No 116 (the order of entering into force see art. 2 of
the Law No 116); dated 17.07.2009 No 188-V (the order of entering into force see art.
2); dated 06.01.2011 of No. 378-IV (enters into force in ten days after its first
official publication); dated 24.03.2011 of No. 420-IV (enters into force on
13.10.2011); dated 10.07.2012 of No. 36-V (enters into force in ten days after its
first official publication); dated 29.09.2014 of No. 239-V (enters into force in ten
days after its first official publication); dated 10.11.2014 of No. 249-V (enters
into force in ninety days after its first official publication).
Article 13. Procedure for import, export, transit, interstate transportation,
examination and disinfecting of quarantinable products
1. In case of the conclusion of delivery agreements of quarantinable products or
its transit the supplier shall receive necessary information on quarantine measures
from authorized body and provide the conditions providing the prevention of import of
quarantine objects.
The signed agreement containing information of confidential nature, shall not be
disclosed without written consent the supplier.
2. Import on the territory of the Republic of Kazakhstan of quarantinable
products is authorized only through phytosanitary control posts and automobile check
points through the Frontier of the Republic of Kazakhstan matching the customs border
of the Customs union.
Registration of customs papers on quarantinable products is carried out after
completion of the state quarantine phytosanitary control and supervision.
Registration of customs papers on imported quarantinable products in the
destination is carried out after secondary quarantine phytosanitary control and
supervision.
Quarantine measures of other states are recognized, if they provide proper level
of the phytosanitary protection applied in the Republic of Kazakhstan.
Import and transit quarantinable products are transported on the territory of the
Republic of Kazakhstan in the covered or insulated, operational and sealed-up
containers, leak-proof packages, cars, motor vans, refrigerator trucks and on other
vehicles.
Import of quarantinable products by foreign diplomatic representations, consular
establishments, the representations of the international organizations being in the
territory of the Republic of Kazakhstan, and also the persons using privileges and
immunity, is made according to the legislation of the Republic of Kazakhstan and (or)
the international treaties ratified by the Republic of Kazakhstan.
2-1. Import on the territory of the Republic of Kazakhstan is forbidden:
1) quarantinable products without phytosanitary certificates of national
quarantine services of exporting countries;
2) the quarantinable products infected with quarantine objects and alien types;
3) soils, the live implanted plants with the soil;
4) causative agents of diseases of plants - cultures of live mushrooms, bacteria,
viruses, and also insects, pincers, the nematodes damaging plants, seeds of
quarantine weeds, except for the samples imported in coordination with authorized
body for the research purposes.
3. Excluded by the Law of the Republic of Kazakhstan dated 17.07.2009 No 189-IV
(the order of entering into force see art. 2);
4. Export of quarantinable products is authorized in the presence of the
phytosanitary or quarantine certificates issued by territorial subdivisions of
authorized body:
1) out of limits of the Republic of Kazakhstan - in the presence of phytosanitary
certificates;
2) in the Republic of Kazakhstan - in the presence of quarantine certificates.
Physical persons and legal entities for receipt of the phytosanitary certificate
submit to territorial subdivisions of authorized body the request with indication of
the following data:
1) name of quarantinable products and its quantity;
2) name of the importing country and address of purpose of quarantinable
products;
3) the requirement in the field of quarantine of plants of national service on
quarantine of plants of the importing country, specified in the agreement on exported
quarantinable products;
4) term and place of shipment of quarantinable products;
5) the name of the border check-point of the importing country through which
import of quarantinable products is supposed.
The quarantine condition of exported quarantinable products is established by the
state inspectors on quarantine of plants in places of initial shipment and again - in
sea and river ports (piers), the airports, at railway stations, the organizations of
the mail service, objects of domestic trade, road service stations (autostations) and
other objects in case of the overload (forming) of export batches. In case of export
without the overload on the border check-point and the post supervision only behind
the correct registration of the phytosanitary certificate issued from the place of
shipment is exercised.
The phytosanitary certificate is issued and confirmed by the personal signature
and the seal (stamp) of the established sample the state inspector on quarantine of
the plants, researching quarantinable products on availability of quarantine objects.
The phytosanitary certificate is issued on each batch of quarantinable products and
shall certify its quarantine condition, have data on the carried-out disinfecting,
accomplishment of other additional quarantine requirements for delivery of these
products.
The phytosanitary certificate or motivated refusal in its issue is drawn up in
time no more than five working days from the date of application for its obtaining.
4-1. Interregional transportations of quarantinable products are performed in the
presence of the quarantine certificates issued by the state inspector on quarantine
of plants of territorial subdivision of authorized body.
For receipt of the quarantine certificate physical persons and legal entities
submit requests to territorial subdivision of authorized body and show to the state
inspector on quarantine of plants quarantinable products for determination of the
quarantine condition.
In the request the name of quarantinable products, the destination and the
purpose of use are specified.
Readdressing of quarantinable products along the line or the destination is made
with the permission of territorial subdivision of authorized body in which territory
this transaction is performed.
Readdressing of the quarantinable products exported from the quarantine zone of
the Republic of Kazakhstan, along the line is forbidden.
Imported quarantinable products again are subject to quarantine examination in
Item of its appointment.
5. Examination and disinfecting of quarantinable products and vehicles,
laboratory examination, issue of quarantine documents are performed at the expense of
means of their owners in compliance and according to the procedure, established by
the legislation of the Republic of Kazakhstan in the field of quarantine of plants.
Imported on the territory of the Republic of Kazakhstan quarantinable products,
transport on which quarantinable products move, are subject to the state supervision
in the field of quarantine of plants, and, if necessary, - to quarantine examination
in phytosanitary control posts, and also to quarantine examination at the destination
of quarantinable products with registration of the relevant acts.
The state inspector on quarantine of plants explains to owners of quarantinable
products the legislation of the Republic of Kazakhstan in the field of quarantine of
plants, establishes availability of the phytosanitary certificate of national
quarantine service of the exporting country, carries out external survey of
transport, quarantinable products, from quarantinable products makes sampling, their
research on the place for the purpose of identification of quarantine wreckers,
diseases of plants and weeds. If necessary samples and objects are transferred in
Republican quarantine laboratory on confirmation of specific accessory of objects to
quarantine types.
If the carrier refuses to show quarantinable products for carrying out the state
quarantine phytosanitary control and supervision, it is subject to return to the
exporting country at the expense of means of her owner of what the state inspector on
quarantine of plants informs territorial subdivision of authorized body, boundary
bodies and bodies of state revenues of the Republic of Kazakhstan.
Quarantinable products in which quarantine objects are found, are subject to
return, disinfecting, cleaning of quarantine weeds or technical conversion. The
expenses connected with disinfecting, cleaning or conversion of quarantinable
products, owners pay it.
Seeds and the landing material, infected with the quarantine objects,
representing special scientific or other value, according to the address of their
owners can be transferred for research in introduction-quarantine nurseries. After
elimination of contamination by quarantine objects seeds and the landing material
return to their owner.
Withdrawal of quarantinable products (including from mailings, hand luggage and
luggage) is performed by the state inspector on quarantine of plants about what the
statement of withdrawal is drawn up.
After passing of quarantine examination of quarantinable products and carrying
out necessary actions for quarantine of plants the state inspector on quarantine of
plants puts down on accompanying goods-transport documents the corresponding stamp of
the established sample about passing of the state quarantine phytosanitary control
and supervision and issues to her owner the act of quarantine phytosanitary control
and supervision.
Cargo operations (the overload on other vehicles) with quarantinable products on
phytosanitary control posts are made by her owner on permission of the state
inspector on quarantine of plants after carrying out the state quarantine
phytosanitary control and supervision and obligatory quarantine examination.
Imported quarantinable products, and also the vehicles which have passed
quarantine examination in phytosanitary control posts, are exposed to quarantine
examination in the final destination of quarantinable products.
Examination of quarantinable products and vehicles, sampling on the analysis and
examination in the destination of quarantinable products are performed by the state
inspectors on quarantine of plants of territorial subdivision of authorized body with
the subsequent examination on establishment of specific structure of wreckers,
diseases of plants and weeds by results of which the statement of examination with
record about conditions of use of these products is drawn up.
6. Vehicles and the quarantinable products, infected with quarantine objects,
products which disinfecting is provided, and also vehicles and the quarantinable
products, potentially dangerous in the quarantine relation, according to the
instruction of the Main state inspector on quarantine of plants of the Republic of
Kazakhstan are subject to disinfecting.
The disinfecting of quarantinable products provided on instructions of the state
inspectors on quarantine of plants by results of quarantine examination, is carried
out by owners of quarantinable products on the contractual basis with fumigation
groups.
In case of identification of quarantine objects in quarantinable products on
phytosanitary control posts of work on disinfecting are carried out in check points
through the Frontier of the Republic of Kazakhstan matching the customs border of the
Customs union, in fumigation cameras, stacks, holds of courts and barges, cars,
containers and on other modes of transport.
All types of vehicles after transportation of import quarantinable products, and
also products from quarantine zones of the Republic of Kazakhstan are subject to
obligatory cleaning with destruction of the waste, and in case of need - fumigation
in the places determined by the state inspector on quarantine of plants.
Remark. Article 13 with the changes introduced by the Laws of the Republic of
Kazakhstan dated 18.02.2002 No 293; dated 03.07.2003 No 463; dated 31.01.2006 No 125;
dated 17.07.2009 No 188-V (the order of entering into force see art. 2); dated
17.07.2009 No 189-V (the order of entering into force see art. 2); dated 30.06.2010
of No. 297-IV (enters into force on 01.07.2011); dated 06.01.2011 of No. 378-IV
(enters into force in ten days after its first official publication); dated
15.07.2011 of No. 461-IV (enters into force on 30.01.2012); dated 10.07.2012 of No.
36-V (enters into force in ten days after its first official publication); dated
10.11.2014 of No. 249-V (enters into force in ninety days after its first official
publication); dated 29.12.2014 of No. 269-V (enters into force on 12.02.2015).
Article 13-1. Procedure for identification of quarantine objects
1. For the purpose of timely identification of quarantine objects, delimitations
of the centers of their distribution are subject to systematic inspection land and
wood grounds, crops and plantings of agricultural, decorative, medicinal and other
cultures, buildings, structures, containers, warehouses, other objects and the
territories of the organizations connected with production, conversion, storage,
transportation and sale of quarantinable products, and other objects which can be the
source of infection and distribution of quarantine objects.
Accomplishment of these works is provided with physical persons and legal
entities according to instructions of the state inspectors on quarantine of plants,
and also the Republican methodical center of phytosanitary diagnostics and forecasts.
2. Results of inspection, and also the wreckers revealed thus, causative agents
of diseases of plants and weeds go to the state inspectors on quarantine of plants
for determination and confirmation of accessory of these objects to quarantine types.
In the case when objects cannot be determined, the state inspectors on quarantine of
plants direct them on confirmation of belonging to quarantine types in republican
quarantine laboratory.
The state inspectors on quarantine of plants of territorial subdivisions of
authorized body carry out control inspections of the specified objects. Results of
inspection are drawn up by the act of carrying out quarantine phytosanitary control
and supervision.
Remark. Chapter 3 is supplemented with Article 13-1 in accordance with the Law of
the Republic of Kazakhstan dated 31.01.2006 No 125; dated 17.07.2009 of No. 189-IV
(the order of entering into force see art. 2); dated 06.01.2011 of No. 378-IV (enters
into force in ten days after its first official publication); dated 10.11.2014 of No.
269-V (enters into force on 12.02.2015).
Article 14. Procedure for imposing and removal of quarantine
1. Excluded by the Law of the Republic of Kazakhstan dated 17.07.2009 No 189-IV
(the order of entering into force see art. 2);
2. In quarantine zones export restrictions of quarantinable products infected
with quarantine objects are prohibited or entered, actions for quarantine of plants
are developed and performed.
The infected products exported from the quarantine zone, are subject to return,
cleaning, disinfecting or transfer to its processing organizations.
Infected products, in case of impossibility of its disinfecting and conversion,
are subject to withdrawal and destruction according to the procedure, established by
regulatory legal acts.
The list of quarantine restrictions and actions for quarantine of plants is
brought to the notice physical, legal of entities and the population of the
quarantine zone.
Remark. Chapter 14 was changed on December 20. 2004 No. 13 (enters into force on
January 1, 2005); by the Law of the Republic of Kazakhstan dated January 31, 2006
No. 125; dated 17.07.2009 No 189-IV (the order of entering into force see art. 2).
Chapter 4. The dispute resolution and responsibility for violation of the legislation
of the Republic of Kazakhstan in the field of quarantine of plants
Remark. The headline of Chapter 4 with changes introduced by the Law of the
Republic of Kazakhstan dated 17.07.2009 of No. 189-IV (the order of entering into
force see art. 2).
Article 15. The dispute resolution in the field of quarantine of plants
Disputes in the field of quarantine of plants are resolved according to the
procedure, established by the legislation of the Republic of Kazakhstan.
Article 16. Responsibility for violation of the legislation of the Republic of
Kazakhstan in the field of quarantine of plants
Violation of the legislation of the Republic of Kazakhstan in the field of
quarantine of plants attracts the responsibility established by the laws of the
Republic of Kazakhstan.
Remark. The Article 16 in the edition of the Law of the Republic of Kazakhstan
dated 17.07.2009 of No. 189-IV (the order of entering into force see art. 2).
Chapter 5. Financing of actions for quarantine of plants
Remark. The headline of Chapter 5 – in the edition of the Law of the Republic of
Kazakhstan dated February 18, 2002 No 293. Changes introduced – dated December 20,
2004 No 13 (enters into force on January 1, 2005).
Article 17. (Excluded - dated December 20, 2004 No 13 (enters into force on January
1, 2005).
Article 18. Financing of actions for quarantine of plants
Remark. The headline of Article 18 with changes introduced by the Law of the
Republic of Kazakhstan dated 17.07.2009 No 189-IV (the order of entering into force
see art. 2).
1. Financing of actions for localization and liquidation of quarantine objects
according to the list of quarantine wreckers, diseases of plants and weeds is
performed at the expense of budgetary funds.
2. Carrying out actions for quarantine of plants on the objects being in the
property of physical persons and legal entities, and also on the parcels of land is
performed at the expense of means of owners and land users according to instructions
of authorized body and its territorial subdivisions within the powers provided to
them.
Remark. Article 18 was changed by the Law of the Republic of Kazakhstan dated
February 18, 2002 No 293; dated December 20, 2004 No 13 (enters into force on January
1, 2005); dated 17.07.2009 No 189-IV (the order of entering into force see art. 2).
Chapter 6. International cooperation in the field of quarantine of plants
Article 19. Principles of international cooperation in the field of quarantine of
plants
The Republic of Kazakhstan performs international cooperation in the field of
quarantine of plants, being guided by principles of observance of mutual safety from
drift and distribution of quarantine objects.
Article 20. Activities of foreigners and foreign legal entities in the field of
quarantine of plants for the territories of the Republic of Kazakhstan
Remark. The headline of Article 20 with changes introduced by the Law of the
Republic of Kazakhstan dated 17.07.2009 No 189-IV (the order of entering into force
see art. 2).
In the territory of the Republic of Kazakhstan activities of foreigners and
foreign legal entities in the field of quarantine of plants if it does not contradict
the legislation of the Republic of Kazakhstan are allowed or is regulated by
international treaties.
Remark. Article 18 with changes introduced by the Law of the Republic of
Kazakhstan dated 17.07.2009 No 189-IV (the order of entering into force see art. 2).
Article 21.
Remark. Article 21 was excluded by the Law of the Republic of Kazakhstan dated
17.07.2009 No 189-IV (the order of entering into force see art. 2).
President of the Republic of Kazakhstan
© 2012. Republican State Enterprise on the Right of Economic Use – Republican
Center of legal information of the Ministry of Justice of the Republic of Kazakhstan