Статья 12«Соглашение между Правительством Российской Федерации и Правительством Южно-Африканской Республики о сотрудничестве в области карантина растений» [рус., англ.]

1. Настоящее Соглашение вступает в силу с даты его подписания Сторонами.

2. Настоящее Соглашение действует в течение 5 (пяти) лет, после чего оно автоматически продлевается на последующие 5 (пятилетние) периоды, если его действие не будет прекращено ни одной из Сторон согласно подпункту 3 настоящей статьи.

3. Действие настоящего Соглашения может быть прекращено любой из Сторон путем направления письменного уведомления по дипломатическим каналам другой Стороне о своем намерении прекратить его действие не менее чем за шесть месяцев.

Совершено в г. Москве 5 августа 2010 года в двух экземплярах, каждый на русском и английском языках, причем оба текста имеют одинаковую силу.

The Government of the Russian Federation and the Government of the Republic of South Africa (hereinafter jointly referred to as the «Parties» and in the singular as a «Party»);

Guided by the provisions of the International Plant Protection Convention of December 6, 1951, as amended by the Conference of the Food and Agriculture Organization of the United Nations at its 29th session in 1997 (hereinafter referred to as «the Convention»);

Expressing their desire to strengthen bilateral co-operation in the field of plant quarantine with a view to improving the protection of the territories of their countries against the introduction and spread of regulated pests and reducing damage caused by them and removing obstacles to international trade in plants and plant products subject to phytosanitary control,

Hereby agree as follows:

(1) For the purpose of this Agreement, the term «products subject to phytosanitary control» shall mean regulated products as defined under the domestic law of each Party (hereinafter referred to as «regulated products»).

(2) For the purpose of this Agreement and in accordance with the Convention, the term «regulated pest» shall mean quarantine pests or regulated non-quarantine pests of potential economic importance for the Parties according to the regulated pests Lists established by the Competent Authority of each of the Parties. The Competent Authority of either Party may make changes to its list, which shall be communicated to the Competent Authority of the other Party and become effective 60 days after the receipt of the communication thereof.

The Competent Authorities responsible for the implementation of this Agreement shall be:

(a) in the case of the Russian Federation — the Federal Service for Veterinary and Phytosanitary Surveillance;

(b) in the case of the Republic of South African — the National Plant Protection Organization of the Department of Agriculture, Forestry and Fisheries.

The Parties, guided by the provisions of the Convention and the domestic law in force in the countries relating to the field of plant quarantine and phytosanitary standards, shall co-operate in the field of plant quarantine and take the necessary measures to prevent the introduction and spread of regulated pests with imported regulated products.

(1) The Parties shall exchange information regarding the occurrence and spread of new regulated pests in the territories of their States as well as on the phytosanitary measures taken to prevent their occurrence and spread.

(2) The Parties shall exchange their phytosanitary legislation and other documents regulating to import, export and transit of regulated products.

(3) The Parties shall render scientific and technical assistance in the field of plant quarantine to each other.

(1) Each regulated product consignment 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 Party to the territory of the state of the other Party, shall be accompanied by a phytosanitary certificate as set out in the Model of the Convention, issued by the Competent Authority of the exporting Party, and certifying that this regulated product consignment complies with the phytosanitary requirements of the importing Party.

(2) The importing Party shall not require phytosanitary certificates for the regulated products consignments, that have been processed in such a way that they have no potential for introducing regulated pests, or for other materials that do not require phytosanitary measures. The Exporting Party shall provide documents certifying that such treatment has been carried out. In such cases the Parties shall be guided by the Convention and International Standards for Phytosanitary Measures.

(3) Regulated products shall be exported, imported and transited from the territory of the state of one Party to the territory of the state of the other Party through the border entry points determined by the Parties.

(4) The Parties recognize the possibility of joint audit of the main sites of production, processing, storage and packing of regulated products, transported from the territory of the state of one Party to the territory of the state of the other Party. Auditing expenses shall be determined by mutual consent of the Parties.

(5) Availability of the phytosanitary certificate does not exclude the right of the Parties to carry out phytosanitary inspection of the regulated products in accordance with the phytosanitary requirements of their respective countries.

(6) In case regulated pests are detected in the regulated products consignment during phytosanitary inspection, the Competent Authority of the importing Party has the right to return it back to the exporter or to subject it to disinfestations, and in case disinfestations is not possible to destroy it, notifying the Competent Authority of the exporting Party of the phytosanitary measures taken.

(1) Regulated products shall be exported in packages and packaging materials that are free from the regulated pests. Packaging and packaging materials shall be free from soil. Hay, straw, chaff, leaves and other plant materials shall not be used for packaging.

(2) Means of conveyance, including containers, used to transport the regulated products shall be thoroughly cleaned and, if required, disinfested.

(1) The Parties may hold joint meetings, seminars and training courses on issues of scientific and practical interest in the field of plant quarantine or exchange delegations to deal with practical matters concerning implementation of this Agreement. Expenses involved in the holding of joint meetings, seminars and training courses shall be shared by the Parties as may be mutually agreed, provided that the expenses regarding the sending of experts shall be borne by the sending Party.

(2) The venues, dates and agendas of joint meetings shall be agreed upon by the Parties.

(3) The Competent Authorities of the Parties may, at any time, make direct contact with each other to settle matters related to the implementation of this Agreement.

The provisions of this Agreement shall apply to all regulated products, including those arriving as gifts or used for scientific purposes, as well as intended for the diplomatic, consular and other representations.

This Agreement shall not infringe upon the rights and obligations of the Parties arising from other international agreements to which their states are party and their membership of the international organizations on plant quarantine and protection.

Any Disputes between the Parties arising out of the application or interpretation of this Agreement shall be settled amicably through consultation or negotiations between the Parties or through the diplomatic channels.

This Agreement may be amended by mutual consent of the Parties through an Exchange of Notes between the Parties through the diplomatic channel.

Entry into Force, Duration and Termination

(1) This Agreement shall enter into force on the date of signature thereof by the Parties.

(2) This Agreement shall remain in force for a period of 5 (five) years whereafter it shall be automatically extended for further periods of 5 (five) years at a time, unless terminated by either of the Parties in accordance with sub-Article (3).

(3) This Agreement may be terminated by either Party by giving six (6) months written notice in advance through the diplomatic channel to the other Party of its intention to terminate this Agreement.

In witness whereof, the undersigned, being duly authorized thereto by their respective Governments, have signed and sealed this Agreement in two originals in the Russian and English languages, all texts being equally authentic.

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