Decree of the Minister for Foreign Affairs No. 111 / 1978 Coll.
Decree of the Minister for Foreign Affairs on the Arrangement between the Federal Ministry of Agriculture and Nutrition of the Czechoslovak Socialist Republic and the Ministry of Agriculture of the People's Republic of Poland on cooperation in carrying out plant health inspections
Valid
Effective from 14.07.1978
111
DECLARATION
Minister for Foreign Affairs
of 25 August 1978
on the Arrangement between the Federal Ministry of Agriculture and Nutrition of the Czechoslovak Socialist Republic and the Ministry of Agriculture of the People's Republic of Poland on cooperation in carrying out plant health inspections
On 14 July 1978, the signature of Arrangement between the Federal Ministry of Agriculture and Nutrition of the Czechoslovak Socialist Republic and the Ministry of Agriculture of the People's Republic of Poland on cooperation in carrying out plant health inspections. The Arrangement entered into force pursuant to Article 11 of the Agreement on the date of signature.
Czech version The arrangement shall be announced simultaneously.
Minister:
Ing. Chupek v. r.
ARRANGEMENTS
between the Federal Ministry of Agriculture and Nutrition of the Czechoslovak Socialist Republic and the Ministry of Agriculture of the People's Republic of Poland for cooperation in carrying out plant health inspections
The Federal Ministry of Agriculture and Nutrition of the Czechoslovak Socialist Republic and the Ministry of Agriculture of the People's Republic of Poland have agreed on the following provisions for the implementation of Article 5 of the Agreement between the Government of the Czechoslovak Socialist Republic and the Government of the Polish People's Republic on cooperation on the protection and quarantine of plants concluded in Prague on 3 December 1970, pursuant to Article 10 thereof:
Plants and products of plant origin (hereinafter referred to as "goods') shall be transported from the national territory of one Contracting Party to the national territory of the other Contracting Party via the border crossing points referred to in Article 2 under the conditions laid down therein.
(1) Despite all the border crossing points for freight, listed in the Annex to the Arrangement between the Government of the Czechoslovak Socialist Republic and the Government of the People's Republic of Poland on cooperation in the exercise of control in rail and road traffic across state borders, signed in Prague on 8 July 1971, the following may be carried out:
(a) debarked wood, sawn wood, malt and potato meal originating in the territories of the Contracting Parties;
(b) goods carried to the State territory of the Czechoslovak Party, provided that they are accompanied by evidence confirming that the workers of the Czechoslovak phytosanitary service operating in the State territory of the Polish Party have been examined;
(c) goods of a seasonal nature in periods agreed in advance by the Parties.
(2) Other goods can only be transported through the railway crossing Petrovice near Karviné-Zebrzydowice and through the road crossing Český Těšín-Cieszyn. Plant health inspections of goods carried through these transitions shall be carried out by Czechoslovak phytosanitary staff in Petrovice and Polish phytosanitary services in Zebrzydowice and Cieszyna.
(1) Plant health inspections of goods carried across the Polish maritime ports of Gdansk, Gdynia and Szczecin and crossing the common national borders towards the Czechoslovak national territory in railway or road traffic shall be carried out jointly by personnel of the plant health services of both Contracting Parties in those ports.
(2) The workers of the Czechoslovak phytosanitary service are designated for joint inspections in Gdansk, Gdynia and Szczecin for a period of time.
(3) The Ministry of Agriculture of the People's Republic of Poland shall assist the Czechoslovak workers referred to in paragraph 2 in providing suitable accommodation; costs associated with accommodation are borne by the user.
(4) The Ministry of Agriculture of the People's Republic of Poland will ensure the ongoing familiarisation of Czechoslovak workers carrying out plant health inspections in the territory of the People's Republic of Poland with Polish legislation on safety and health at work, and will allow them to be trained and tested in those regulations.
(1) Plant health inspections of goods crossing the common national borders towards the Czechoslovak national territory shall be carried out jointly in the national territory of the Polish Party, and
(a) in Miedzylesia; and
(b) in Czarnolesia - it concerns potatoes grown in the national territory of the People's Republic of Poland.
(2) The inspections referred to in paragraph 1 shall be carried out on a proposal from a foreign trade undertaking of the People's Republic of Poland in agreement with the Ministry of Agriculture of the People's Republic of Poland. A joint inspection shall be carried out in the case of deliveries of at least 5 wagon units per 24 hours.
(3) Plant health inspections in Czarnolesia are carried out on behalf of the Czechoslovak Party by plant health workers in Petrovice. The foreign trade undertaking of the People's Republic of Poland shall provide these workers with a place of rest and, if necessary, a place of rest in the corresponding room.
(1) The performance of the inspections jointly carried out under Articles 3 and 4 shall be governed by the principles laid down in the Treaty between the Czechoslovak Socialist Republic and the People's Republic of Poland on cooperation in the exercise of control of persons, goods and means of transport crossing the Czechoslovak-Polish national border in railway and road traffic, signed in Warsaw on 23 September 1966 and in the Arrangement between the Government of the Czechoslovak Socialist Republic and the Government of the Polish People's Republic on cooperation in the exercise of control in rail and road traffic across the state borders signed on 8 July 1971 in Prague.
(2) Joint inspections of means of transport and warehouses shall also be carried out at the points of inspection referred to in Articles 3 and 4.
(1) Workers carrying out plant health inspections in the national territory of the other Contracting Party shall comply with their country's plant health rules.
(2) Plant health service workers shall ensure and maintain:
(a) documentary material (e.g. pest samples, symptoms of diseases, preparations, photographs, etc.) of goods affected by pests and perishable for 6 months;
(b) samples of other goods affected by pests - for a period of 6 months;
(c) samples of all seed species - for 12 months.
(3) The pests referred to in this Arrangement are diseases, plant pests and weeds which, in accordance with the national provisions of the Contracting Parties, may not contain imported goods.
(4) Where workers of the plant health service of the country in whose territory the goods are to be brought or through whose territory they are to be transported find that they are being attacked by pests and therefore suspend the consignment, they shall immediately inform the workers of the plant health service of the country from which the goods are exported or transit through which they are transported. In this case, samples shall be kept until the final examination.
(5) The plant health service of the country in whose territory joint plant health inspections are carried out will also provide suitable storage rooms for samples taken.
(1) Both countries' plant health workers will not require a phytosanitary certificate for debarked wood, sawn wood, malt and potato meal, transported across the Czechoslovak-Polish state borders, provided that they come from the territory of their countries.
(2) Plant health certificates shall be required for the goods referred to in paragraph 1 only where requested by the competent authorities of the third country in whose national territory the goods are imported or transit through which they are carried.
The principles of the procedure for joint plant health inspections shall be adapted in the operating schedules drawn up jointly by the heads of plant health services of both countries in accordance with the framework operating rules set out in the Annex to this Arrangement.
(1) In order to ensure mutual protection of the national territories of the two countries from the introduction of pests in the transport of goods grown in the border zone, both sides carry out surveys of the crops on the parcels on which they are grown and then transported across borders. Surveys will be carried out jointly by plant health workers from both countries twice a year in June to July and September to October.
(2) Plant health inspections of goods grown in the Czechoslovak-Polish border zone shall be carried out by personnel of the plant health services of both countries, as appropriate, when transported across the national border in small border traffic.
(3) The head of the local authorities of the plant health services of the two countries shall agree on the dates of joint inspections of the crops and the manner in which they are to be carried out and shall ensure the necessary means of transport and the participation of the relevant personnel in the inspection in the territory of their own place. They shall inform the border agent concerned of the date and place of the inspections.
(4) A report shall be drawn up on the inspection carried out indicating the established state of health of the crops, the consent or disagreement with the transport of goods from the parcels concerned through the common national borders, or jointly agreed plant health measures.
(5) A copy of the protocol shall be transmitted by the head of the regional plant health services to the local competent border agents as well as to the staff of the plant health services at border crossing points. A copy of the Protocol replacing the phytosanitary certificate shall be valid for the period specified in the Protocol; the period of validity of the report is determined by the likely date of the next survey of the crops.
In implementing this The arrangements will be in direct contact with the competent authorities and organisations of both countries.
(1) This Agreement shall enter into force on the date of signature.
(2) This Arrangement will apply for 5 years. If one of the Contracting Parties does not terminate them in writing 6 months before the expiry of the current period, it shall be extended for a further period of 5 years.
(3) Where necessary, the extension of joint checks may be supplemented with the agreement of both Parties.
Done at Brno, 14 July 1978 in duplicate, each in the Czech and Polish languages, the two texts being equally authentic.
For the Federal Ministry of Agriculture and Nutrition
Czechoslovak Socialist Republic:
Nagr v. r.
For the Ministry of Agriculture
The Republic of Poland:
Klonica v. r.
Annex
Framework operating rules for joint plant health inspections carried out by personnel of the phytosanitary service of the Czechoslovak Socialist Republic and the Polish People's Republic
Preliminary provisions
1. The operating rules are based on the Arrangement between the Federal Ministry of Agriculture and Nutrition of the Czechoslovak Socialist Republic and the Ministry of Agriculture of the People's Republic of Poland on cooperation in carrying out plant health inspections of 14 July 1978 (hereinafter referred to as "the Arrangement '), and provide further details on the procedure of workers of the plant health service of both countries when carrying out plant health inspections together.
General principles
2. The staff of the plant health services of both countries shall jointly carry out plant health inspections at the places designated by the Arrangement. Plant health inspections shall be governed by the legislation and the methodological procedures binding in their countries.
3. The personnel of the plant health service of the two countries ("inspectors') shall be, in carrying out plant health inspections (" inspections') and in all activities associated with this, equivalent partners, governed by the principles of brotherly cooperation between the two States.
4. The service spaces, together with the corresponding facilities (running water, lighting, heating, laboratory equipment) shall be provided free of charge by the authority or organisation of the State in whose territory the inspections are carried out. Those instruments and equipment shall remain the property of those organisations or authorities. Personal equipment for safety and health at work, as well as small laboratory needs, shall be provided by a plant protection and quarantine service for the inspectors themselves.
5. Inspectors are required to handle the equipment provided with care.
6. Both countries' inspectors perform their work to the best of their knowledge and with the utmost responsibility. In more difficult cases of pest identification, they shall assist each other in a general manner and, if necessary, use the assistance of the scientific institutes of the country concerned.
Procedure for conducting inspections
7. As soon as the arrival of the goods is notified to the inspectors, they shall agree on the time and place of the inspection and, if necessary, on the means of joint transport to the place of inspection. The means of transport shall normally be provided for such cases by the authority or organisation of the country in whose territory the inspection takes place.
8. Inspection of goods, warehouses and means of transport shall in principle be carried out at the same time by inspectors from both countries. Unless otherwise agreed, inspectors shall take samples and carry out their laboratory tests separately. In the absence of joint inspection, it shall be initiated as the first inspector of the country in whose territory the goods are located.
9. Inspectors shall be equipped with the means and appropriate clothing necessary for the maintenance of safety and health at work and prescribed for handling goods at the place of inspection.
10. After completion of the laboratory examination of the samples taken, samples shall be recorded, secured, protected and stored in accordance with Article 6 of the Arrangement and then disposed of.
11. The measures laid down by the inspector of one country may not be repealed by decision of the inspector of the other country. Inspectors from both countries may also take joint decisions.
12. The effectiveness of the measures provided for and the documentation accompanying them are confirmed by the inspectors of the country which took the decision. In the absence of efficiency of the intervention carried out, inspectors shall lay down further measures.
13. Inspectors shall jointly carry out random checks on the warehouses and means of transport in which the goods are transhipped to prevent their loading into premises contaminated by dangerous pests.
14. Czechoslovak inspectors working in Polish seaports are required to undergo training and to pass state-prescribed tests in the field of safety and health at work, organised by the competent authority or organisation of the People's Republic of Poland. Inspector of the Czechoslovak Socialist Republic is obliged to comply with the regulations on health and safety at work.
15. Joint tours shall take place in Polish sea ports between 7: 00 and 9: 00 a.m. on working days and working days and, in exceptional cases, outside this period. These checks shall be carried out in other locations under local conditions.
Final provisions
16. The operating rules at each inspection point shall be laid down jointly by the competent plant health service heads in agreement with customs and goods carriers at the inspection point.
17. Unless otherwise specified in these operating rules, the provisions of the operating rules of the authorities of the two countries carrying out the activity at the point of inspection shall remain unaffected.
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Regulation Information
| Citation | Decree of the Ministry of Foreign Affairs No. 111 / 1978 Coll., on the Arrangement between the Federal Ministry of Agriculture and Nutrition of the Czechoslovak Socialist Republic and the Ministry of Agriculture of the People's Republic of Poland on cooperation in carrying out plant health inspections |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.09.1978 |
|---|---|
| Effective from | 14.07.1978 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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