Decree of the Minister for Foreign Affairs No. 61 / 1989 Coll.
Decree of the Minister for Foreign Affairs on the Agreement between the Czechoslovak Socialist Republic and the Republic of Austria on cooperation in the plant protection sector
Valid
Effective from 01.12.1988
61
DECLARATION
Minister for Foreign Affairs
of 21 April 1989
on the Agreement between the Czechoslovak Socialist Republic and the Republic of Austria on cooperation in the field of plant protection
The Agreement between the Czechoslovak Socialist Republic and the Republic of Austria on cooperation in the plant protection sector was signed in Prague on 30 September 1985. The Agreement entered into force on 1 December 1988 pursuant to Article 15 thereof. This date expired the Agreement between the Czechoslovak Government and the Austrian Federal Government on cooperation in the field of plant protection of 30 March 1950.
The Czech version of the Agreement is hereby published at the same time.
Minister:
JUDr. Johanes v. r.
AGREEMENT
between the Czechoslovak Socialist Republic and the Republic of Austria on cooperation in the plant protection sector
Czechoslovak Socialist Republic
and
Republic of Austria
hereinafter referred to as the Contracting Parties,
Wishing to further develop friendly relations on the basis of the Final Act of the Conference on Security and Cooperation in Europe, to ensure and deepen cooperation on the plant protection sector in order to eliminate the threat to the national economy of both Parties by the spread of pests and plant diseases, as well as weeds, have agreed:
This Agreement shall:
(a) "plants" and "goods of plant origin" - all live plants and parts thereof and products of plant origin,
(b) "harmful agents" means pests and plant diseases and weeds;
(c) "particularly harmful agents" means harmful agents which, in the event of a mass occurrence, may have adverse effects on crops within the territory of both Contracting Parties,
(d) "border territory" - territory within a distance of 10 km by air line to both sides of the common national border,
(e) "calamity" means the sudden unforeseen and mass occurrence of harmful factors which may cause major material or environmental damage.
(1) The competent authorities of both Contracting Parties shall agree within one year of the entry into force of this Agreement a list of particularly harmful factors. Amendments and additions to this list may be agreed by the competent authorities of both Contracting Parties where appropriate. The necessary consultations will take place alternately in one of the States of the Contracting Parties.
(2) In order to protect their national territories from harmful factors, the Contracting Parties will promote each other in the fight against particularly harmful factors and cooperate in the protection against the introduction and spread of harmful factors into their territories.
(1) The competent authorities of the Contracting Parties shall, when exporting and transit plants to or through the national territory of the other Contracting Party, comply with its applicable legislation on plant protection. To that end, the competent authorities of the Contracting Parties shall forward those provisions without delay after their entry into force.
(2) The competent authorities of the Contracting Parties shall inform each other of each border crossing point in their national territory for the import and transit of goods of plant origin.
(1) Consignments of goods of plant origin shall be accompanied by the phytosanitary certificate provided for in the Annex to the International Convention for the Protection of Plants issued by the relevant plant protection organisation when the legislation of the Contracting Party, to or through whose territory imports or transit takes place, require such certificate for goods of plant origin.
(2) The competent authorities of the Contracting Parties shall endeavour to prevent the introduction of harmful agents into the territory of the other Contracting Party when goods of plant origin are exported and transit through the use of appropriate packaging material and appropriate means of transport, as well as the careful handling of consignments, and to prevent the introduction of harmful agents into the territory of the other Contracting Party, in accordance with the laws in force in the other Contracting Party, which may not appear on or in such consignments.
Where the competent plant protection organisation refuses the importation or transit of goods of plant origin originating in the national territory of the other Contracting Party to or through its national territory, or where it directs quarantine measures, it shall immediately inform the other Contracting Party of the relevant plant protection organisation, stating the reasons.
(1) The competent authorities of the Contracting Parties shall:
(a) transmit annually, by 31 March of the following year at the latest, a report on the occurrence and spread of particularly harmful factors in the territory of its State listed in Article 2 (1), indicating the territories affected and the measures taken to combat them; and
(b) communicate without delay any occurrence of particularly harmful factors listed in Article 2 (1) which are of particular importance in terms of damage and the mass occurrence of other harmful factors if they occur in the border territory.
(2) The competent authorities of the Contracting Parties shall inform each other of any planned measures to combat the particularly harmful agents listed in Article 2 (1), to be carried out in the border area, as well as of the means used and application techniques. This shall not apply to the usual plant health measures which cannot affect the crops in the territory of the other Contracting Party.
The Parties shall promote cooperation on the plant protection sector in particular:
(a) exchange of knowledge and experience on scientific research and practical methods of plant protection;
(b) free exchange of expert information from the plant protection sector;
(c) exchange of experts in accordance with the work plans referred to in Article 8.
(1) The competent authorities of the Contracting Parties shall agree, as appropriate, to hold joint consultations of plant protection experts alternately in the territories of their States.
(a) exchange of information and experience from cooperation within the meaning of this Agreement; and
(b) joint preparation of five-year work plans in which, on the basis of the principle of reciprocity and mutual benefit, further arrangements for the exchange of experts will be laid down.
(2) The costs associated with the residence of experts seconded to joint meetings shall be borne by the sending Contracting Party.
(3) In the event of an exchange of experts, the sending Contracting Party shall cover travel expenses there and back. The receiving Contracting Party shall, on the basis of reciprocity and in accordance with the applicable national rules, cover the cost of residence, including the fare within the host country on travel related to the purpose of the stay.
(1) The competent authorities of the Contracting Parties shall coordinate their action in the fight against harmful agents and provide technical and professional assistance as far as possible in the presence of harmful agents in the border territory.
(2) Joint commissions shall be set up for the implementation of the measures referred to in paragraph 1 as necessary. They shall consist of representatives of both Parties on the basis of a parity composition and shall, by mutual agreement, recommend the scope and methods of action to combat harmful agents.
(3) The Commission shall be convened by representatives of the relevant Contracting Party in whose territory there has previously been a calamity. This one chairs the committee.
The detection of damage arising from the action or as a result of plant protection measures by Contracting Parties in the border territory will be dealt with in accordance with the provisions of the Treaty between the Czechoslovak Socialist Republic and the Republic of Austria on the procedure for investigating events at the common national borders of 21 December 1973.
The competent authorities of the Contracting Parties may be in direct contact with matters relating to cooperation within the meaning of this Agreement.
The issues at issue which may arise between the Parties in the interpretation or implementation of this Agreement shall be addressed by diplomatic channels.
The Agreement between the Czechoslovak Government and the Austrian Federal Government on cooperation in the field of plant protection of 30 March 1950 will expire on the date of entry into force of this Agreement.
This Agreement shall be concluded for a period of 5 years. It shall be extended for a further period of five years each time, unless it is terminated by a Contracting Party not later than 1 year before the expiry of that period by written or diplomatic means.
This Agreement shall enter into force on the first day of the third month following the month in which the Parties have notified each other by diplomatic means that their national requirements for its entry into force have been fulfilled.
Dane in Prague on 30 September 1985 in two copies, each in the Czech and German languages, the two texts being equally authentic.
For the Czechoslovak Socialist Republic:
Ing. Miroslav Toman CSc. v. r.
For the Republic of Austria
Dipl. Ing. Günter Haiden v. r.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 61 / 1989 Coll., on the Agreement between the Czechoslovak Socialist Republic and the Republic of Austria on cooperation in the plant protection sector |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.06.1989 |
|---|---|
| Effective from | 01.12.1988 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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