Статья 14«Соглашение между Правительством Российской Федерации и Правительством Турецкой Республики о сотрудничестве в области карантина растений» [рус., англ.]

1. Настоящее Соглашение вступает в силу с даты получения последнего письменного уведомления по дипломатическим каналам о выполнении каждой Стороной соответствующих внутригосударственных процедур, необходимых для вступления Соглашения в силу.

2. Настоящее Соглашение действует в течение пяти лет с даты вступления его в силу, после чего оно автоматически продлевается на последующие пятилетние периоды, пока одна из Сторон не уведомит в письменной форме по дипломатическим каналам другую Сторону о своем намерении прекратить его действие за шесть месяцев до истечения срока его действия.

3. В настоящее Соглашение в любое время по взаимному согласию Сторон могут быть внесены изменения, оформляемые в письменной форме. Эти изменения вступят в силу в порядке, предусмотренном в пункте 1 настоящей статьи.

Совершено в г. Москве 13 января 2010 года в двух экземплярах, каждый на русском, турецком и английском языках, причем все тексты имеют одинаковую силу.

В случае возникновения разночтений для целей толкования положений настоящего Соглашения используется текст на английском языке.

BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION AND THE GOVERNMENT OF THE REPUBLIC OF TURKEY ON COOPERATION IN THE FIELD OF PLANT QUARANTINE

(Moscow, 13.I.2010)

The Government of the Russian Federation and the Government of the Republic of Turkey, hereinafter referred to as «the Parties»,

guided by their intention:

to strengthen bilateral cooperation in the field of plant quarantine in the frame of the present Agreement and in compliance with the International Plant Protection Convention (FAO, Rome, 1951, in edition of 1997, hereinafter referred to as «Convention»),

to mutually take all the necessary measures to better protect the territory of their states from the introduction and spread of quarantine pests in the international trade in products, subject to the phytosanitary control (hereinafter referred to as «regulated articles»),

have agreed as to the following:

1. The Parties, following the provisions of the Convention and their national legislation, shall cooperate in the field of plant quarantine and take all the necessary measures to prevent the introduction and spread of quarantine pests with the regulated articles transported.

2. Provisions of the present Agreement shall apply to all regulated articles, including soil, plants with soil attached and any other organisms, objects or materials, capable of harboring or spreading of quarantine pests, including the regulated articles, arriving as gifts or for the scientific purposes, as well as intended for the diplomatic, consular and other representations.

The Competent Authorities for the purposes of co-ordination of the implementation of this Agreement shall be:

from the Russian Party — Federal Service for Veterinary and Phytosanitary Surveillance;

from the Turkish Party — General Directorate of Protection and Control of the Ministry of Agriculture and Rural Affairs of the Republic of Turkey.

In the present Agreement the quarantine pests shall mean plant pests, plant diseases pathogens and weeds, which pose a serious risk for the Russian Federation and for the Republic of Turkey. The Parties shall exchange the lists of quarantine pests.

The Parties shall inform each other about all changes in the list of quarantine pests of each of the Parties.

1. The Competent Authorities of the Parties shall exchange the information in writing on the occurrence and spread of new quarantine pests, as well as on measures of their control and prevention of their spreading in the territory of their respective states.

2. The Competent Authorities of the Parties shall mutually exchange official documents, in force in the territories of the states of the Parties, regulating import, export and transit of the regulated articles, as well as shall inform about all amendments made in them.

3. The Competent Authorities of the Parties shall render each other scientific and technical assistance in the field of plant quarantine.

1. Each consignment of the regulated articles, transported from the territory of the state of one Party to the territory of the state of the other Party, or in transit via the territory of the state of one of the Parties to the territory of the state of the other Party shall be accompanied by the phytosanitary certificate in the model set out in the Convention, issued by the Competent Authorities of the Parties, certifying that the regulated articles are free from the quarantine pests and meet the phytosanitary requirements of the importing Party.

2. The importing Party in compliance with the provisions of the Convention and the International Standards for Phytosanitary Measures, shall not require phytosanitary certificates for the regulated articles consignments, including packaging material, that have been processed in such a way that they have no potential for introducing quarantine pests, or for other materials that do not require phytosanitary measures.

3. The Parties recognize the possibility of joint audit of the sites of production, processing, storage and packaging of the regulated articles, transported from the territory of the state of one Party to the territory of the state of the other Party and of the phytosanitary control system. Payment for the expenses connected with the audit shall be effected as agreed upon between the Parties.

4. Presence of the phytosanitary certificate does not exclude the right of the Parties to carry out phytosanitary inspection of the regulated articles in accordance with the phytosanitary requirements of their respective countries.

5. Phytosanitary control issues connected with import, export or transit of the regulated articles from the territory of the state of one Party to the territory of the state of the other Party shall be bilaterally settled between the Competent Authorities of the Parties.

In case of the detection of alive quarantine pests during the phytosanitary inspection of the regulated articles consignment the Competent Authorities of the importing Party have the right to subject it to the disinfection, to destroy it in case the disinfection is impossible, or to return it back to the exporter, informing the Competent Authorities of the other Party on the phytosanitary measures taken and the reasons thereof.

The Parties shall be responsible for the phytosanitary status of the exported consignments of the regulated articles until their exportation from the territory of the state of one Party to the territory of the state of the other Party.

Export, import and transit of the regulated articles from the territory of the state of one Party to the territory of the state of the other Party shall be effected in state border points, specified in compliance with the national legislation of the Parties.

1. The Parties agreed that during the exportation of the regulated articles there shall be used the new packaging free of quarantine pests. Packaging and packing materials shall be free of soil. Hay, straw, chaff, wood shavings, leaves and other plant materials can not be used for the packaging purposes.

2. Means of conveyance, used for the transportation of the regulated articles, shall be thoroughly cleaned, and, if necessary, disinfected.

1. In order to solve practical questions in connection with the implementation of the present Agreement, as well as for the organization of the working meetings, seminars and trainings concerning the scientific and practical questions of mutual interest in the sphere of plant quarantine, the Competent Authorities of the Parties shall hold joint meetings or exchange delegations at least once a year. Expenses connected with travel, boards and lodging of its specialists shall be covered by the sending Party.

2. Place, date and program of these meetings shall be agreed upon between the Competent Authorities of the Parties.

The Competent Authorities of the Parties may any time contact each other directly in order to settle questions arising during the implementation of the measures stipulated by the present Agreement.

Provisions of the present Agreement do not infringe upon the rights and obligations of the Parties in connection with other international agreements to which the Russian Federation and the Republic of Turkey are the parties, as well as in connection with their membership in the international organizations on plant protection and quarantine and in the other international organizations.

1. Disputes connected with the implementation or interpretation of the present Agreement shall be settled through negotiations between the Parties or in any other way, agreed upon by the Parties.

1. The present Agreement shall enter into force on the date of the last notification by the Parties in writing through diplomatic channels on the completion of their respective internal legal procedures necessary for the entry of the Agreement into force.

2. The present Agreement will remain in force for the period of 5 years and will be extended automatically for further 5 year periods, unless one of the Parties notifies the other Party in writing through diplomatic channels of its intention to terminate the Agreement 6 months prior to the date of its expiry.

3. This Agreement may be amended by mutual written consent of the Parties at any time. The amendments shall enter into force in accordance with the procedure stipulated in paragraph 1 of the present article.

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