Unofficial translation
Footnote. In the text of the Law, the words “funds of republican budget”, “republican budget” are substituted by the words “budget funds” dated 20 December 2004 No. 13 (shall be enforced from 1 January 2005).This Law determines legal ground, aims, tasks and principles of carrying out the measures on plant quarantine that is a component part of a system of national security protection in the territory of the Republic of Kazakhstan.
Footnote. The preamble as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2).Chapter 1. General provisions Article 1. Basic definitions used in the Law
The following basic definitions shall be used in the Law:
1) is excluded by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after its first official publication);1-1) alien species – species of an insect, agent of disease of plant and undesirable plant that is absent in flora and fauna of the Republic of Kazakhstan which in case of entry may inflict significant economic and environmental damage;
2) is excluded by the Law of the Republic of Kazakhstan dated 16.07.2015 № 330-V (shall be enforced upon expiry of ten calendar days after the day its first official publication);2-1) laboratory examination is an examination of samples of quarantine products, pests, causative agents of plant diseases and weeds in order to determine their species composition and their belonging to quarantine objects and alien species;
3) is excluded by the Law of the Republic of Kazakhstan dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication);4) quarantineable products (quarantineable goods, quarantineable materials, quarantineable goods) (hereinafter - quarantineable products) - plants, products of plant origin, containers, packaging, cargos, soil, organisms or materials that may be carriers of quarantine objects and (or) contribute to their distribution, included in the list of quarantineable products and in respect of which it is necessary to take quarantine phytosanitary measures;
4-1) list of quarantineable products - a list of quarantineable products subject to state quarantine phytosanitary control and supervision;
5) quarantine zone – territory declared in established manner under quarantine due to detection of quarantine object;
6) a quarantine object - a pest, causative agent of plants disease or a weed that can cause significant harm to the plants and plant products, which is absent or restrictively spread in the territory of the Republic of Kazakhstan, included in the unified list of quarantine objects of the Eurasian Economic Union and (or) the list of quarantine objects and alien species in relation to which plants quarantine measures shall be established and implemented;
6-1) quarantine regime - a legal regime, providing for the mandatory implementation of plants quarantine measures aimed at eliminating the focus of spread of a quarantine object, limiting or terminating economic relations and suspending the transportation (movement) of quarantineable products from the territory of the quarantine zone in order to prevent the spread of the quarantine object;
7) center of spreading quarantine object – territory in which the quarantine object is detected and where the measures on plant quarantine shall be carried out or are carried out;
8) quarantine certificate – document certifying quarantine condition of quarantineable production intended for interstate carriages;
9) is excluded by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after its first official publication);9-1) inspection – visual observation of quarantineable production, transport vehicles and accessories for carriage (as well as cabins, passenger compartments, luggage and cargo compartments of transport vehicles, containers), hand luggage and luggage of individuals;
9-2) documentary state quarantine phytosanitary control – inspection of quarantine documents confirming phytosanitary safety of quarantineable production for compliance with requirements of the legislation of the Republic of Kazakhstan in the field of plant quarantine, as well as existence of coordination of authorized body on plant quarantine for permission of import, export or transit of quarantine objects in scientifically research purposes;
9-3) law restrictive measure - a quarantine phytosanitary measure applied by the authorized body for plants quarantine in relation to individuals and legal entities;
9-4) state quarantine phytosanitary control – an activity of the authorized body for plants quarantine to check and monitor the compliance with the requirements of the legislation of the Republic of Kazakhstan by the inspected subjects in the field of plants quarantine, as a result of which law-restrictive measures can be applied without prompt response;
9-5) state quarantine phytosanitary supervision – the activity of authorized body on plant quarantine on inspection and supervision of compliance with requirements of the legislation of the Republic of Kazakhstan in the field of plant quarantine by inspected subjects, in the results of which the measures of legal restrictive nature may be applied, as well as measures of dynamic response;
10) authorized body on plant quarantine) hereinafter – authorized body) – central executive body carrying out management and cross-sector coordination in the field of plant quarantine;
10-1) the authorized plant quarantine organization (hereinafter - the authorized organization) is an organization established by the decision of the Government of the Republic of Kazakhstan that performs functions in accordance with the legislation of the Republic of Kazakhstan;
11) plant quarantine measures is a system of measures aimed at organizing and conducting work on identification, localization and liquidation the outbreaks of quarantine objects, disinfection, recycling, cleaning and destruction of contaminated quarantine products, disinfection and cleaning of premises and vehicles, returning of quarantine products ;
12) republican state enterprise on ensuring the plant quarantine – republican state enterprise on the right of economic management created by the Government of the Republic of Kazakhstan;
13) is excluded by the Law of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication);14) plant quarantine (phytosanitary protection) – legal regime providing system of measures on plant quarantine oriented to protection of plant resources of the Republic of Kazakhstan and production of plant origin from quarantine objects;
14-1) temporary quarantine phytosanitary measures - a prohibition or restriction on the import of quarantineable products from other states to the territory of the Republic of Kazakhstan and (or) transit of quarantineable products across the territory of the Republic of Kazakhstan, used to ensure the protection of the territory of the Republic of Kazakhstan from import and (or) further distribution of quarantine objects or reduction of losses caused by them;
15) phytosanitary control post – a subdivision of the authorized body, located on the territory of the border and customs checkpoints (checkpoints across the State border of the Republic of Kazakhstan coinciding with the customs border of the Eurasian Economic Union), and in other places of movement of quarantineable products through the customs border of the Eurasian Economic Union, located on the territory of the Republic of Kazakhstan within the limits of automobile communication, and other place, determined by the authorized body, equipped with the necessary equipment and devices, carrying out state quarantine phytosanitary supervision and (or) receipt of preliminary information on the import and transit of quarantined products;
16) phytosanitary certificate – document certifying quarantine condition of export quarantineable production;
17) phytosanitary risk assessment - a scientifically based assessment of probability of penetration, rooting or spreading of quarantine objects, taking into account the quarantine phytosanitary measures that may have been applied, and potential biological and economic consequences linked with this, conducted by scientific-research organizations and the authorized body;
17-1) phytosanitary risk analysis is the process of studying, researching and evaluating biological, scientific and economic data for the purpose of identifying quarantine objects and alien species and adopting appropriate quarantine measures and activities on plant quarantine;
17-2) emergency measures – measures for immediate localization and elimination of foci of spread of quarantine objects for the first time or newly detected on the territory of the Republic of Kazakhstan.
18) shall be excluded by the Law of the Republic of Kazakhstan dated 24.05.2018 № 156-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).Footnote. Article 1 is in the wording of the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2); as amended by the Laws of the Republic of Kazakhstan dated 30.06.2010 No. 297-IV (shall be enforced from 01.07.2011); dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 10.07.2012 No. 34-V 9shall be enforced from the date of its first official publication); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.11.2014 No. 249-V (shall be enforced upon expiry of ninety calendar days after the date of its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 12.02.2015); dated 16.07.2015 № 330-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 26.12.2017 № 124-VI (shall be enforced dated 01.01.2018); dated 24.05.2018 № 156-VI (shall be enforced upon the expiration of ten calendar days after the date of its first official publication); dated 03.04.2019 № 243-VI (shall be enforced upon expiry of ten calendar days after its first official publication); dated 28.10.2019 № 268-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 2. Legislation of the Republic of Kazakhstan in the field of plant quarantine
1. Legislation of the Republic of Kazakhstan in the field of plant quarantine is based on the Constitution of the Republic of Kazakhstan and consists of this Law and other regulatory legal acts.
2. If international treaty ratified by the Republic of Kazakhstan establishes other rules than those provided by the Law, the rules of international treaty shall be applied.
Footnote. Article 2 is in the wording of the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2).Article 3. Main tasks of plant quarantine
Main tasks of plant quarantine are:
1) protection of the territory of the Republic of Kazakhstan from infection or independently entry of quarantine objects from other states or from quarantine zone;
2) detection, localization and liquidation of quarantine objects, as well as prevention of their entry to the regions of the Republic of Kazakhstan where they are absent;
3) conduct of state quarantine phytosanitary control and supervision of compliance with the legislation of the Republic of Kazakhstan in the field of plant quarantine.
Footnote. Article 3 as amended by the Laws of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2); dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 12.02.2015).Article 4. Principles of carrying out the measures on plant quarantine
Footnote. Title of Article 4 as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2).
Principles of carrying out the measures on plant quarantine in the territory of the Republic of Kazakhstan are:
1) protection of plant resources and products of plant origin from damage and destruction by quarantine objects for the purpose of maintenance of food and raw security of the Republic of Kazakhstan and preservation of property;
2) state regulation in the field of plant quarantine, state quarantine phytosanitary control and supervision, responsibility for the breach of the legislation of the Republic of Kazakhstan in the field of plant quarantine;
3) objective, scientifically substantiated assessment of possible effect of quarantine objects to plant resources and products of plant origin and prevention of inflicting possible harm by them;
4) active participation of population, individuals and legal entities, organizations, bodies of state management and bodies of local self-government in performance of measures on plant quarantine;
5) international cooperation in the field of plant quarantine.
Footnote. Article 4 as amended by the Laws of the Republic of Kazakhstan dated 31.01.2006 No. 125; dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2); dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.11.2014 No. 249-V (shall be enforced upon expiry of ninety calendar days after the date of its first official publication). Chapter 2. State regulation in the field of plant
quarantine
Article 5. State regulation in the plant quarantine
State regulation in the plant quarantine shall be implemented by the authorized body, including its department with territorial divisions, including phytosanitary check points.
Footnote. Article 5 - as amended by the Law of the Republic of Kazakhstan dated 19.04.2023 No. 223-VII (shall be enforced ten calendar days after the date of its first official publication).Article 6. State system of ensuring the plant quarantine
State system of ensuring the plant quarantine of the Republic of Kazakhstan shall include:
1) the Government of the Republic of Kazakhstan;
2) authorized body;
3) state institutions for plant quarantine ensuring:
republican, zoned quarantine laboratories and laboratories under phytosanitary control posts;
introductive-quarantine gardens;
republican methodical centre of phytosanitary diagnostics and forecasts;
4) republican state enterprise on maintenance of quarantine of plants with phytosanitary laboratories;
5) is excluded by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Footnote. Article 6 in the wording of the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2); as amended by the Law of the Republic of Kazakhstan dated 10.11.2014 No. 249-V (shall be enforced upon expiry of ninety calendar days after the date of its first official publication); dated 16.07.2015 № 330-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 24.05.2018 № 156-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 6-1. Competence of the Government of the Republic of Kazakhstan
The Government of the Republic of Kazakhstan shall:
1) excluded by the Law of the Republic of Kazakhstan dated 19.04.2023 No. 223-VII (shall be enforced ten calendar days after the date of its first official publication);2) create state institutions and republican state enterprise on ensuring the plant quarantine;
3) excluded by the Law of the Republic of Kazakhstan dated 19.04.2023 No. 223-VII (shall be enforced ten calendar days after the date of its first official publication).Footnote. Chapter 2 is supplemented by Article 6-1 in accordance with the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2); is in the wording of the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 19.04.2023 No. 223-VII (shall be enforced ten calendar days after the date of its first official publication).
Article 7. Competence of the authorized body
1. Authorized body shall:
1) form and realize state policy in the field of plant quarantine;
2) carry out state quarantine phytosanitary control and supervision;
3) coordinate and methodically manage the activities of local executive bodies in the field of plant quarantine;
3-1) facilitate the development of relations between the Republic of Kazakhstan and foreign states in the plant quarantine area;
4) develop and approve the rules on exemption and destruction of quarantineable production contaminated by quarantine objects not subjected to disinfection or processing;
5) develop and approve quarantine phytosanitary requirements, including taking into account the requirements of the legislation of the Republic of Kazakhstan in the field of biological safety;
6) develops and approves a list of regulated products;
7) develop and approve the rules on protection of territory of the Republic of Kazakhstan from quarantine objects and alien species;
7-1) develop and approve the rules for compensation of the costs for laying and growing destroyed fruit and berry crops infected with bacterial burn of fruit trees to individuals and legal entities;
7-2) develop and approve the rules for conducting phytosanitary risk analysis;
7-3) issue, suspend, and revoke the account numbers;
7-4) develop and approve the procedure for the use of material and technical means for photo and video recording in the implementation of state quarantine phytosanitary control and supervision;
8) develop and approve the list of quarantine objects and alien species in respect of which the measures on plant quarantine are established and carried out;
8-1) develop and approve a list of quarantine objects and alien species, in relation to which the measures on localization and liquidation of foci of spread shall be carried out at the expense of budget funds;
8-2) develop and approve the rules for the formation, management and maintenance of working collections of pathogens and industrial microorganisms used in the field of plant quarantine;
9) take a decision on establishment of a quarantine zone with introduction of a quarantine regime or its cancellation on the territory of two or more regions (except for the cases of local distribution of a quarantine object on the territory of regions), as well as develop and approve the procedure for conducting plants quarantine measures in these zones and carry out control and supervision over their implementation;
10) develop and approve the procedure for creating and storing a stock of pesticides for conducting plants quarantine measures;
11) carries out the state control over observance of legislation of the Republic of Kazakhstan in the field of quarantine of plants by local executive bodies;
12) determines the list of quarantine objects in respect of whom the measures on plant quarantine are established and carried out;
13) create a database on availability and distribution of quarantine facilities in the Republic of Kazakhstan and other states, measures and activities to combat them, post information on the official Internet resource and provides it upon request to an interested persons;
13-1) determine quarantineable objects, zones, places, production sites that are free or have a limited distribution of quarantine objects and (or) alien species, provide confirmation to the importing country and ensure access to the representatives of the importing country for conducting inspection in the cases, stipulated by international treaties ratified by the Republic of Kazakhstan;
14) develop and approve the provision on state inspectors on plant quarantine;
15) approve methods, techniques, recommendations regulating procedure and methods of carrying out the measures on plant quarantine;
16) develop, jointly with research organizations, quarantine phytosanitary measures based on the rules for conducting phytosanitary risk analysis, including taking into account the methodology for managing biological risks in accordance with the legislation of the Republic of Kazakhstan in the field of biological safety, international standards and recommendations and exercises constant control and supervision over their implementation by individuals and legal entities;
17) establish qualification requirements for holding position of a Chief State Inspector on plant quarantine and state inspectors on plant quarantine;
18) organize conduct of measures on plant quarantine and carry out control and supervision of their conduct within the competence;
19) determine conditions of transit of quarantineable products;
19-1) introduce and cancel temporary quarantine phytosanitary measures in accordance with the rules for protection of the territory of the Republic of Kazakhstan from quarantine objects and alien species;
20) carry out public procurement of pesticides, works and services for their storage, transportation, use for plant quarantine measures in the manner prescribed by the legislation of the Republic of Kazakhstan on public procurement;
21) create a stock of pesticides for conducting plants quarantine measures in the manner prescribed by the legislation of the Republic of Kazakhstan;
22) distribute pesticides purchased at the expense of budget funds for conducting plants quarantine measures on the territory of the Republic of Kazakhstan;
23) conduct primary quarantine phytosanitary control and supervision of imported, exported and transit quarantineable products at phytosanitary control posts, if necessary – its quarantine phytosanitary expertise and (or) laboratory expertise with sampling, for vehicles and devices for transportation (including cabins, salons, luggage and cargo compartments of vehicles, containers), hand luggage and baggage of individuals, make an act of quarantine phytosanitary control and supervision, put a corresponding stamp of the established sample about the passage of state quarantine phytosanitary control and supervision on the accompanying transport documents;
24) conduct secondary quarantine phytosanitary control and supervision at the point of destination of quarantineable products, sampling, if necessary - quarantine phytosanitary expertise and (or) laboratory expertise, taking into account the phytosanitary characteristics of the territory and its place of origin, point of destination, as well as zones, places, areas of production, free or having limited distribution of quarantine objects and (or) alien species, for vehicles and devices for transportation (including cabins, salons, luggage and cargo compartments of vehicles, containers), hand luggage and baggage of individuals, make an act of quarantine phytosanitary control and supervision, put a corresponding stamp of the established sample about the passage of state quarantine phytosanitary control and supervision on the accompanying transport documents;
25) conduct permanent quarantine inspection at the places of shipment of the exported quarantineable products, if necessary-quarantine phytosanitary expertise and (or) laboratory expertise with sampling and phytosanitary certification;
26) conduct documentary state quarantine phytosanitary control on phytosanitary control posts of imported, exported and transit quarantineable products;
27) conduct permanent inspection of quarantineable products, if necessary – its quarantine phytosanitary expertise and (or) laboratory expertise with sampling, and review quarantine documents at the objects of internal trade and organizations of the Republic of Kazakhstan;
28) conduct permanent control sampling observations of territories and premises of organizations, objects of internal trade, peasant or farm, homestead and suburban enterprises, growing, preparing, storing, processing and selling products of plant origin, lands of agricultural, forest, water and other purpose;
29) issue and control fulfillment of prescriptions on:
elimination of detected breaches of the legislation of the Republic of Kazakhstan in the field of plant quarantine;
on performance of measures on plant quarantine;
30) direct statement of claim in court on prohibition or suspension of activity of individual entrepreneurs and legal entities in the manner and on the grounds established by the legislative acts of the Republic of Kazakhstan;
31) organize and control measures to study imported seeding and planting materials in the authorized organization for the presence of latent infection with quarantine objects and alien species;
32) issue phytosanitary and quarantine certificates for quarantineable products;
33) ensure performance of international rules and requirements in accordance with concluded agreements in the field of plant quarantine;
34) carry out international cooperation in the field of plant quarantine;
35) is excluded by the Law of the Republic of Kazakhstan dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015);36) develop and approve regulatory legal acts in the field of plant quarantine within the competence;
37) carry out other powers provided by the Law and other legislation of the Republic of Kazakhstan.
2. Head of department is a Chief State Inspector on plant quarantine of the Republic of Kazakhstan, and his (her) deputy – a deputy of the Chief State Inspector on plant quarantine of the Republic of Kazakhstan.
The heads of regional (cities of republican significance, the capital city), districts, cities of regional significance, territorial divisions of the departments shall be the chief state inspectors on plants quarantine of appropriate regions (cities of republican significance, the capital city), districts, cities of regional significance.
Other civil servants of the department and its territorial subdivisions that directly carried out state quarantine phytosanitary control and supervision are the state inspectors on plant quarantine.
3. Authorized body shall carry out the activity in interrelation with frontier, customs, law enforcement and other state bodies.
4. The decision of the authorized body, department of the authorized body and its territorial division, taken within the limits of their powers, shall be mandatory for execution by the officials, individuals and legal entities.
5. State bodies and their civil servants shall be obliged to render assistance to authorized body in solution of the tasks imposed on it.
Footnote. Article 7 is in the wording of the Law of the Republic of Kazakhstan dated 31.01.2006 No. 125; as amended by the Laws of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2); dated 19.03.2010 No. 258-IV; dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 24.03.2011 No. 420-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 NO. 452-IV (shall be enforced from 13.10.2011); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 10.11.2014 No. 249-V (shall be enforced upon expiry of ninety calendar days after the date of its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 01.01.2015); dated 16.07.2015 № 330-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 24.05.2018 № 156-VI (shall be enforced the expiration of ten calendar days after the day of its first official publication); dated 28.12.2018 № 210-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated 28.10.2019 No. 268-VI (the order of enforcement see Art. 2); dated 21.05.2022 № 123-VII (shall enter into force upon expiry of six months after the day of its first official publication); dated 19.04.2023 No. 223-VII (shall be enforced ten calendar days after the date of its first official publication).Article 7-1. Functions of government agencies for plant quarantine
1. The authorized organization:
1) determines the species composition of pests, pathogens of plant diseases and weeds, including quarantine objects and alien species in samples that are submitted for laboratory examination;
2) reveals the latent infection with pests, pathogens of plant diseases and weeds, including quarantine objects and alien species in imported seeding and planting materials;
3) carries out the analysis of phytosanitary risk on a constant basis;
3-1) develops methods, techniques, recommendations, governing the procedure and methods for carrying out plants quarantine measures;
3-2) makes proposals to the authorized body on the exclusion of quarantine objects, alien species from the list of quarantine objects and alien species or supplementing it with quarantine objects, alien species based on the analysis of phytosanitary risk;
3-3) conducts training of state plant quarantine inspectors and interested persons;
3-4) ensures the deposit and storage of the collection of quarantine objects and alien species;
4) provides the authorized body with information on identified quarantine objects and alien species in samples that are submitted for laboratory examination;
5) provides the authorized body with methodological assistance in the development of quarantine phytosanitary requirements;
6) exercises other powers provided for by the legislation of the Republic of Kazakhstan.
2. The Republican methodological center for phytosanitary diagnostics and forecasts shall:
1) conduct an examination of the territory in order to identify the foci of spread of quarantine objects and alien species;
2) determine the boundaries and area of the foci of spread of quarantine objects and alien species;
3) keep records of the foci of spread of quarantine objects and alien species;
4) provide short-term and long-term forecasts of the spread of quarantine objects and alien species to the department of the authorized body;
5) carry out other powers provided for by the legislation of the Republic of Kazakhstan.
Footnote. Is supplemented by Article 7-1 in accordance with the Law of the Republic of Kazakhstan dated 18.02.2002 № 293; in the new wording of the Law of the Republic of Kazakhstan dated 16.07.2015 № 330-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); as amended by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 7-2. State monopoly in the field of plant quarantine
1. Localization and elimination of foci of spread of quarantine objects and alien species included in the list of quarantine objects and alien species, in relation to which measures to localize and eliminate foci of proliferation are carried out at the expense of budget funds, and (or) emergency measures are related to the state monopoly and carried out by the republican state enterprise for plant quarantine
Activities for the implementation of quarantine phytosanitary examination of regulated products are technologically related to activities to localize and eliminate foci of spread of quarantine objects and alien species included in the list of quarantine objects and alien species, in relation to which measures to localize and eliminate foci of proliferation are carried out at the expense of budget funds , and / or taking emergency measures.
Conducting localization and liquidation of centers of spread of quarantine objects and alien species, as well as emergency measures is carried out in accordance with the rules for the protection of the territory of the Republic of Kazakhstan from quarantine objects and alien species.
2. Prices for goods (works, services) produced and (or) sold by a subject of state monopoly shall be established by the authorized body in coordination with anti-monopoly body.
Footnote. Chapter 2 is supplemented by Article 7-2 in accordance with the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2); is in the wording of the Law of the Republic of Kazakhstan dated 10.07.2012 No. 34-V (shall be enforced from the date of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 7-3. Competence of the authorized body in automobile checkpoints
Footnote. Chapter 2 is supplemented by Article 7-3 in accordance with the Law of the Republic of Kazakhstan dated 10.11.2014 No. 249-V (shall be enforced upon expiry of ninety calendar days after the date of its first official publication); is excluded by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 7-4. Competence of state inspectors for plants quarantine
1. The competence of state inspectors for plants quarantine shall include:
1) implementation of state quarantine phytosanitary control and supervision;
2) control over execution of the issued order on elimination of the identified violations of the legislation of the Republic of Kazakhstan in the field of plants quarantine, on implementation of plants quarantine measures;
3) rendering of state services in the field of plants quarantine in accordance with the legislation of the Republic of Kazakhstan;
4) consideration of cases of administrative offences and imposition of administrative penalties;
5) drawing up protocols on administrative offences;
6) stopping vehicles and detaining quarantineable products and objects of state quarantine phytosanitary control and supervision at phytosanitary control posts for the period of examination, inspection, quarantine phytosanitary expertise and (or) laboratory expertise and, if necessary, disinfection, destruction, as well as during their transportation without a quarantine or phytosanitary certificate or in cases of non-compliance with quarantine phytosanitary requirements;
7) organization of conducting emergency measures in accordance with the rules for protection of the territory of the Republic of Kazakhstan from quarantine objects and alien species and control over their implementation;
8) carrying out other powers provided for by the legislation of the Republic of Kazakhstan.
2. Actions (inaction) of state inspectors for plants quarantine may be appealed by individuals and legal entities to higher authorities and (or) the court.
Footnote. Chapter 2 is supplemented by Article 7-4 in accordance with the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 8. Rights of state inspectors on plant quarantine
Upon carrying out of state quarantine phytosanitary control and supervision of state inspectors on plant quarantine shall have the right to:
1) detain, in the manner prescribed by the legislation of the Republic of Kazakhstan, quarantineable products and objects of state quarantine phytosanitary control and supervision for the period of examination, inspection, quarantine phytosanitary expertise and (or) laboratory expertise and, if necessary, disinfection, destruction, as well as during their transportation without a phytosanitary or quarantine certificate or in cases of non-compliance with phytosanitary quarantine requirements;
1-1) prohibit the import, export and transit of quarantineable products that do not meet the quarantine phytosanitary requirements and (or) the requirements of the legislation of the Republic of Kazakhstan in the field of plants quarantine;
2) visit and conduct observations of objects of state quarantine phytosanitary control and supervision in order to compliance of requirements of the legislation of the Republic of Kazakhstan, to receive necessary information for carrying out the powers in the manner established by the legislation of the Republic of Kazakhstan;
3) select samples of quarantineable products for quarantine phytosanitary expertise and (or) laboratory expertise;
4) issue instructions on elimination of the identified violations of the legislation of the Republic of Kazakhstan in the field of plants quarantine, on conducting necessary measures for plants quarantine to individuals and legal entities, as well as to the officials of local executive bodies;
5) bring to administrative responsibility of civil servants, individuals and legal entities admitted beaches of the legislation of the Republic of Kazakhstan in the field of plant quarantine;
6) suspend or prohibit the activity or its separate types in cases provided by Article 48 of the Code of the Republic of Kazakhstan on administrative infractions with compulsory presentation of materials on case on administrative infraction in court within three days. By this, the act on prohibition or suspension of activity shall be valid until delivery of court decision.
Footnote. Article 8 as amended 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 (shall be enforced from 1 January 2005); dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2); dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 05.07.2014 No. 236-V (shall be enforced from 01.01.2015); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 10.11.2014 No. 249-V (shall be enforced upon expiry of ninety calendar days after the date of its first official publication); dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 8-1. Stock of pesticides for localization and liquidation of foci of spread of quarantine objects
Footnote. The title of Article 8-1 as amended by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
1. Reserve of pesticides (toxic chemicals) for localization and liquidation of centres of spreading quarantine objects represents particular volume of regularly renewable pesticides (toxic chemicals) and is a state property being under the supervision (possession) of authorized body.
2. Reserve of pesticides (toxic chemicals) is intended for localization and liquidation of detected centres of spreading quarantine objects and shall be formed from the volume of pesticides (toxic chemicals) purchased at the expense of budget funds.
3. (is excluded).Footnote. Is supplemented by Article 8-1 by the Law of the Republic of Kazakhstan dated 3 July 2003 No. 462. As amended dated 20 December 2004 No. 13 (shall be enforced from 1 January 2005); dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
Article 9. Obligations of individuals and legal entities on prevention of the import and (or) spread of quarantine objects, alien species
Footnote. The title of Article 9 as amended by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after its first official publication).
Individuals and legal entities shall be obliged to:
1) meet and comply with the requirements of the legislation of the Republic of Kazakhstan in the field of plants quarantine and the instructions of the state inspector for plants quarantine on implementation of relevant plants quarantine measures;
2) represent details on existence of quarantineable production and quarantine objects upon request of state inspectors on plant quarantine;
3) ensure systematic observation of sowings, territories, depots, where the quarantineable production are stored, as well as represent available quarantineable production for inspection and examination;
4) notify immediately the authorized body in case of detection of quarantineable objects;
5) not create obstacles in conducting plants quarantine measures;
6) provide assistance in conducting localization and liquidation of foci of spread of quarantine objects and alien species;
7) carry out, at its own expense, the measures on localization and liquidation of foci of spread of quarantine objects and alien species included in the list of quarantine objects and alien species, in relation to which plants quarantine measures shall be established and implemented;
8) comply with the requirements of the introduced temporary quarantine phytosanitary measures.
Footnote. Article 9 as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2); dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 9-1. Competence of local executive bodies of oblasts (cities of national importance, the capital)
A footnote. Title of Article 9-1 with the change introduced by the Law of the Republic of Kazakhstan dated 28.12.2018 № 210-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication).
Local executive bodies of oblasts (cities of national importance, the capital):
1) keep record of spreading quarantine objects and represent information to the authorized body and interested persons;
1-1) realize state policy in the field of plant quarantine;
2) organize conduct of measures on plant quarantine on objects of state quarantine phytosanitary control and supervision by individuals and legal entities – owners of these objects, as well as by bodies of state management;
3) within five working days from the date of receipt of the submission from the territorial divisions of the department of the authorized body, make a decision on establishment of a quarantine zone with introduction of a quarantine regime or its cancellation in the relevant territories;
4) carry out other powers imposed on local executive bodies by the legislation of the Republic of Kazakhstan in the interests of local state management.
Footnote. The Law is supplemented by Article 9-1 in accordance with the Law of the Republic of Kazakhstan dated 18.02.2002 NO. 293; is in the wording of the Law of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); as amended by the Laws of the Republic of Kazakhstan dated 31.01.2006 No. 125; dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2); dated 05.07.2011 No. 452-IV (shall be enforced from 13.10.2011); dated 13.06.2013 No. 102-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 12.02.2015); dated 28.12.2018 № 210-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 9-2. State quarantine phytosanitary control and supervision
1. The state quarantine phytosanitary control and supervision is carried out in the form of check and preventive control and supervision with visiting of the subject (object) of control and supervision according to the Entrepreneurial code of the Republic of Kazakhstan.
2. Preventive control and supervision without visiting the subject (object) of control and supervision shall be carried out in accordance with the Entrepreneurial Code of the Republic of Kazakhstan and this Law.
3. State quarantine phytosanitary control and supervision in relation to potentially hazardous biological facilities where pathogenic biological agents shall be handled, shall be carried out taking into account the features provided for by the legislation of the Republic of Kazakhstan in the field of biological safety.
Footnote. Chapter 2 is supplemented by Article 9-2 in accordance with the Law of the Republic of Kazakhstan dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); in the wording of the Law of the Republic of Kazakhstan dated 24.05.2018 № 156-VI (shall be enforced upon the expiration of ten calendar days after the day of its first official publication); as amended by the Law of the Republic of Kazakhstan dated 21.05.2022 № 123-VII (shall enter into force upon expiry of six months after the day of its first official publication). Chapter 3. State quarantine phytosanitary control
and supervision
Footnote. Title of chapter 3 is in the wording of the Law of the Republic of Kazakhstan dated 10.11.2014 No. 249-V (shall be enforced upon expiry of ninety calendar days after the date of its first official publication).
Article 10. Carrying out of state quarantine phytosanitary control and supervision
1. State quarantine phytosanitary control and supervision carried out in accordance with subparagraphs 23), 24) and 26) of paragraph 1 of Article 7 of this Law shall be carried out by state inspectors on plant quarantine of the authorized body for the purpose of prevention of import and distribution of quarantine objects in the territory of the Republic of Kazakhstan.
Conducting permanent quarantine inspections of quarantineable products, their quarantine phytosanitary expertise and (or) laboratory expertise with sampling, control sample surveys, review of quarantine documents and implementation of state quarantine phytosanitary supervision over implementation of plants quarantine measures in order to prevent the import of quarantine objects to the territory of the Republic of Kazakhstan, timely detection, localization and liquidation of existing foci of their distribution are aimed at protection of plant and food resources, prevention of unforeseen expenditures of budget funds for the fight against quarantine objects, as well as improving the competitiveness of domestic products.
2. Is excluded by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after its first official publication).3. State quarantine phytosanitary control and supervision, documentary state quarantine phytosanitary control, inspection of vehicles, examination, inspection of imported, exported and transit quarantineable products, quarantine phytosanitary measures are aimed at the safety of people's property related to the objects of plants quarantine control and supervision.
3-1. The decision on conducting preventive control and supervision with a visit to the subject (object) of control and supervision in order to survey the territory and objects for identification and establishment of the causes and conditions for occurrence and spread of quarantine objects and (or) alien species, identification of foci of spread of quarantine objects, alien species shall be taken by the head of the regional (city of republican significance and the capital city) territorial subdivision of the department of the authorized body when:
identifying of a previously unregistered quarantine object and (or) an alien species on the territory of a region, a city of republican significance and the capital city;
receipt of information about deterioration of the quarantine phytosanitary state of the territory of border regions, cities of republican significance, the capital city and border states; receipt of notifications, quarantine reports, notices, signal messages, results of expertise on the facts of detecting a quarantine object and (or) an alien species, including in a batch of quarantineable products, exported from the territory of the region, the city of republican significance, the capital city; revealing the facts of violation of prohibitions and restrictions on the export or import of quarantineable products, temporary quarantine phytosanitary measures.
4. Preventive control and supervision without visiting the subject (object) of control and supervision shall be carried out by the department of the authorized body and territorial subdivisions of the department of the authorized body by means of analysis, comparison of data and information:
1) from information systems;
2) notifications and notifications of authorized bodies of other states;
3) arriving from the organizations entering into the state system of maintenance of quarantine of plants;
4) from open sources, mass media.
Subjects (objects) of the preventive control and supervision without visiting are physical and legal bodies which activity is connected with import, export, manufacture, preparation, processing, disinfection, storage, transportation and realisation of regulated products.
The purposes of preventive control and supervision without visiting of subject (object) of the control and supervision are timely suppression and prevention of infringements, granting to subjects of the control of the right of independent elimination of infringements, revealed by department of the authorized body and territorial divisions of department of the authorized body by results of preventive control and supervision without visiting of subject (object) of the control and supervision, and decrease in administrative loading on them.
In case of revealing the violation according to the results of preventive control and supervision without visiting the subject (object) of control and supervision in actions (inaction) of the subjects of control and supervision by the department of the authorized body or territorial subdivisions of the department of the authorized body, the recommendation is sent to the subject of control and supervision within two working days from the date of revealing the violation.
The recommendation shall specify the term of its execution, which shall not be less than three working days from the day following the day of its delivery.
The recommendation shall be handed over to the subject of control and supervision personally upon signature or in any other way confirming the facts of its sending and receipt.
A recommendation sent by one of the following methods shall be deemed to have been delivered in the following cases:
1) On purpose - from the date of the mark in the recommendation on receipt;
2) by mail - from the date of notification of receipt of the mail by registered mail;
3) by electronic means - from the date of sending to the e-mail address of the subject of control and supervision specified in the letter of request.
The recommendation on elimination of violations revealed by results of preventive control and supervision without visiting the subject (object) of control and supervision, should be executed within the term specified in the recommendation following the day of its delivery.
The subject of control and supervision in case of disagreement with violations specified in the recommendation, has the right to send to the department of the authorized body or territorial division of the department of the authorized body, which sent the recommendation, the objection within one working day following the day of delivery of the recommendation.
Non-implementation of the recommendation on elimination of violations revealed by the results of preventive control and supervision without visiting the subject (object) of control and supervision shall entail appointment of preventive control and supervision with visiting the subject (object) of control and supervision by including it in the half-yearly list of preventive control and supervision with visiting the subject (object) of control and supervision.
The severity of preventive control and supervision without visiting the subject (object) of control and supervision is determined as data and information become available.
Footnote. Article 10 is in the wording of the Law of the Republic of Kazakhstan dated 10.11.2014 No. 249-V (shall be enforced upon expiry of ninety calendar days after the date of its first official publication); with amendments introduced by the Law of the Republic of Kazakhtan dated 24.05.2018 № 156-VI (shall be enforced upon expiration of ten calendar days after the day of its first official publication); dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 11. Civil servants carrying out state quarantine phytosanitary control and supervision
Footnote. Title is in the wording of the Law of the Republic of Kazakhstan dated 10.11.2014 No. 249-V (shall be enforced upon expiry of ninety calendar days after the date of its first official publication).
1. Officials of the department and its territorial divisions with phytosanitary control posts directly exercising state quarantine phytosanitary control and supervision shall be provided with uniforms (without shoulder straps), material resources, technical means for photo and video recording.
The list of civil servants having the right to wearing official uniform (without shoulder straps), samples of official uniform (without shoulder straps) and procedure for wearing shall be determined by the authorized body.
Natural norms for the provision of uniforms (without shoulder straps), as well as material resources, technical means for photo and video recording shall be approved by the authorized body in agreement with the central authorized body for budget planning.
2. Civil servants carrying out the state quarantine phytosanitary control and supervision shall have the right to compensation for harm inflicted to their life and health in the manner established by the civil legislation of the Republic of Kazakhstan.
Footnote. Article 11 is in the wording of the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2); as amended by the Laws of the Republic of Kazakhstan dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 06.01.2011 No. 379-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 10.11.2014 No. 249-V (shall be enforced upon expiry of ninety calendar days after the date of its first official publication); dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 12. Objects of state quarantine phytosanitary control and supervision
Footnote. Title of Article 12 is in the wording of the Law of the Republic of Kazakhstan dated 10.11.2014 No. 249-V (shall be enforced upon expiry of ninety calendar days after the date of its first official publication).
Objects of state quarantine phytosanitary control and supervision are:
1) seeding and planting materials of agricultural, forest and ornamental crops, plants and their parts (cuttings, bulbs, tubers, fruits), as well as any other production of plant origin that can be a carrier of quarantine objects;
2) agents of plant diseases – cultures of living mushrooms, viruses, bacteria, as well as ascarides, mites and insects;
3) collections of insects, agents of plant diseases, herbaria and seeds collections;
4) agricultural machinery and instruments for soil treatment, transport vehicles, all the types of packing, packing materials, industrial products and items of plant materials, monoliths and soil samples that may be carriers of quarantine objects;
5) the territory and premises of organizations, peasant or farm, household and summer cottages that grow, procure, store, process, disinfect and sell products of plant origin, lands for agricultural, forestry, water and other purposes;
6) objects of internal trade, railway stations, bus stations, river ports, piers, production facilities of mail operators;
7) compliance with the legislation of the Republic of Kazakhstan in the field of plant quarantine by local executive bodies.
Footnote. Article 12 as amended by the Laws of the Republic of Kazakhstan dated 10.01.2006 No. 116 (the order of enforcement see Article 2 of the Law No. 116); dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 24.03.2011 No. 420-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.09.2014 No. 239-V (shall be enforced upon expiry of ten calendar days after the date of its first official publication); dated 10.11.2014 No. 249-V (shall be enforced upon expiry of ninety calendar days after the date of its first official publication); dated 16.07.2015 № 330-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 09.04.2016 № 499-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of ten calendar days after its first official publication).Article 12-1. Permits and notifications, state services in the field of plants quarantine
1. To obtain a phytosanitary certificate, individuals and legal entities shall submit an application to the territorial subdivision of the department of the authorized body on the territory of the corresponding district, city of regional significance, city of republican significance, the capital city where the quarantineable products are located, present the quarantineable products to the state plants quarantine inspector for determination of the quarantine state.
A phytosanitary certificate shall be issued and certified by a personal signature and a seal (stamp) of the established form by a state plants quarantine inspector in accordance with the rules for protection the territory of the Republic of Kazakhstan from quarantine objects and alien species.
A phytosanitary certificate shall be issued for each batch of quarantineable products and must certify its quarantine state, have information about the conducted disinfection, and fulfillment of other additional quarantine phytosanitary requirements for the supply of these products.
A phytosanitary certificate or a reasoned refusal to issue it shall be drawn up within a period not exceeding five working days from the date of submission an application for its receipt.
The grounds for a reasoned refusal to issue a phytosanitary certificate shall be:
1) failure to present quarantineable products for inspection by the applicant;
2) identification of quarantine objects in quarantineable products, except for the cases when the requirements of the importing country (during export) allow the presence of identified quarantine objects in quarantineable products;
3) identification of non-compliance with the requirements of the importing country (during export);
4) repeated (two or more times) failure to notify of the arrival or failure to present quarantineable products for inspection to an official of the authorized body of a member state of the Eurasian Economic Union shall be the basis for refusal to issue a phytosanitary certificate within thirty calendar days after receiving information from the relevant authorized state body of the state - a member of the Eurasian Economic Union, except for the cases of change of destination;
5) other grounds provided for by the laws of the Republic of Kazakhstan "On Public Services", "On Permits and Notifications".
2. To obtain a quarantine certificate, individuals and legal entities shall submit an application to the territorial subdivision of the department of the authorized body on the territory of the corresponding district, city of regional significance, city of republican significance, the capital city, where the quarantineable products are located, present the quarantineable products to the state plants quarantine inspector for determination of the quarantine state.
A quarantine certificate shall be issued and certified by a personal signature and a seal (stamp) of the established form by a state plants quarantine inspector in accordance with the rules for protection the territory of the Republic of Kazakhstan from quarantine objects and alien species.
A quarantine certificate or a reasoned refusal to issue it shall be drawn up within no more than three working days from the date of submission of an application for its receipt.
The grounds for a reasoned refusal to issue a quarantine certificate shall be:
1) failure to present quarantineable products for inspection by the applicant;
2) identification of quarantine objects in quarantineable products, except for the cases provided for by part three of paragraph 4-1 of Article 13 of this Law;
3) repeated (two or more times) failure to notify of the arrival or failure to present quarantineable products for inspection to the state plant quarantine inspector of the territorial subdivision of the authorized body's department shall be the basis for refusal to issue a quarantine certificate within thirty calendar days after receiving information from the relevant territorial subdivision of the department of the authorized body, except in the cases of change of destination;
4) other grounds provided for by the laws of the Republic of Kazakhstan "On Public Services", "On Permits and Notifications".
3. For the import of quarantine objects for scientific-research purposes, according to the approved list, individuals and legal entities shall submit an application for a letter of approval for the import of quarantine objects for scientific-research purposes to the territorial subdivision of the department of the authorized body on the territory of the relevant district, city of regional significance, city of republican significance, the capital city, where the quarantineable object is located.
A letter of approval for the import of quarantine objects for scientific-research purposes shall be issued for each quarantine object and shall be valid for six months from the date of its issuance.
The letter of approval for the import of quarantine objects for scientific-research purposes cannot be used more than once.
The letter of approval for the import of quarantine objects for scientific-research purposes shall be issued in accordance with the rules for protection of the territory of the Republic of Kazakhstan from quarantine objects and alien species.
A letter of approval for the import of quarantine objects for scientific-research purposes or a reasoned refusal to issue it shall be drawn up within a period not exceeding ten working days from the date of submission an application for its receipt.
The grounds for a reasoned refusal to issue a letter of approval for the import of quarantine objects for scientific-research purposes shall be non-compliance with the requirements for isolation of quarantine objects of various levels of biological safety and other grounds provided for by the laws of the Republic of Kazakhstan "On Public Services", "On Permits and Notifications."
4. To obtain an account number, individuals and legal entities shall submit an application to the territorial subdivision of the department of the authorized body on the territory of the corresponding district, city of regional significance, city of republican significance, the capital city where the quarantineable object is located, present the quarantineable object to the state plants quarantine inspector for determination of the quarantine state and compliance with quarantine phytosanitary requirements.
An account number shall be issued for implementation of activities on:
processing of grains contaminated with quarantine weeds (with the exception of quarantine weeds of the genus Striga spp.) and their processing products according to technologies that ensure deprivation of the seeds and fruits of quarantine weeds of viability;
decontamination and labeling of wood packaging material.
An account number shall be issued with the assignment of a code and a registration number in accordance with the rules for protection of the territory of the Republic of Kazakhstan from quarantine objects and alien species.
Issuance of an account number or a reasoned refusal to issue it shall be drawn up within ten working days from the date of submission an application for its receipt.
The grounds for a reasoned refusal to issue an account number shall be:
1) non-compliance of the quarantineable object with the quarantine phytosanitary requirements;
2) identification of foci of spread of quarantine objects on the territory of a quarantineable object;
3) other grounds provided for by the Law of the Republic of Kazakhstan "On Public Services".
The grounds for revoking an account number shall be:
1) identification of foci of spread of quarantine objects on the territory of a quarantineable object;
2) violation of quarantine phytosanitary requirements;
3) identification of living and (or) viable quarantine objects in products obtained by processing grain and products of its processing using technologies that ensure the deprivation of the seeds and fruits of quarantine weed plants of viability;
4) identification of living and (or) viable quarantine objects in disinfected and labeled wood packaging material;
5) other grounds provided for by the Law of the Republic of Kazakhstan "On Public Services".
5. Activities related to handling pathogenic biological agents shall be carried out on the basis of a permit for handling pathogenic biological agents and an Annex thereto in accordance with the legislation of the Republic of Kazakhstan.
Footnote. Chapter 3 is supplemented by Article 12-1 in accordance with the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of twenty-one calendar days after its first official publication); as amended by the Law of the Republic of Kazakhstan dated 21.05.2022 № 123-VII (shall enter into force upon expiry of six months after the day of its first official publication).Article 13. The procedure for import, export, transit, domestic transportation, inspection and disinfection of quarantineable products
1. When concluding contracts for the supply of quarantineable products or their transit, the supplier shall be obliged to receive body the necessary information on quarantine phytosanitary measures from the authorized and provide conditions to prevent the import of quarantine objects.
The concluded contract containing information of a confidential nature should not be disclosed without the written consent of the supplier.
2. Import into the territory of the Republic of Kazakhstan, the beginning and completion of transit through the territory of the Republic of Kazakhstan of quarantineable products shall be permitted only through phytosanitary control posts.
Registration of customs documents for quarantineable products shall be carried out after completion of the state quarantine phytosanitary control and supervision.
Registration of customs documents for imported quarantineable products at the point of destination shall be carried out after secondary quarantine phytosanitary control and supervision.
Recognition of the equivalence of quarantine phytosanitary measures of other states shall be carried out in accordance with the international treaties of the Republic of Kazakhstan.
The imported and transit quarantineable products must comply with the quarantine phytosanitary requirements and the requirements of the legislation of the Republic of Kazakhstan in the field of plants quarantine.
The imported and transit quarantineable products shall be transported through the territory of the Republic of Kazakhstan in covered or insulated, serviceable and sealed containers, sealed packages, wagons, vans, refrigerated trucks and other vehicles.
The import of quarantineable products by foreign diplomatic missions, consular offices, representative offices of international organizations located on the territory of the Republic of Kazakhstan, as well as by persons enjoying privileges and immunity, shall be carried out in accordance with the legislation of the Republic of Kazakhstan and (or) international treaties ratified by the Republic of Kazakhstan.
In the places of destination of quarantineable products of high phytosanitary risk, the original phytosanitary certificate of the state of origin shall be subject to seizure by the state plants quarantine inspector during quarantine phytosanitary control and supervision.
2-1. It is prohibited to import into the territory of the Republic of Kazakhstan:
1) quarantineable products of high phytosanitary risk without phytosanitary certificates of the national quarantine services of the exporting countries;
2) quarantineable products contaminated with quarantine objects and alien species, with the exception of cases provided for by the unified quarantine phytosanitary requirements of the Eurasian Economic Union;
3) soil, live rooted plants with soil from zones, places and (or) production sites with centers of spread of quarantine objects;
4) causative agents of plants diseases - the culture of live fungi, bacteria, viruses, as well as insects, ticks, nematodes damaging plants, seeds of quarantine weeds, with the exception of samples imported by agreement with the authorized body for scientific-research purposes;
5) quarantineable products in relation to which temporary quarantine phytosanitary measures have been introduced.
3. Is excluded by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2).4. Export of quarantineable products shall be allowed if there are phytosanitary or quarantine certificates, issued by the territorial divisions of the department of the authorized body:
1) outside the Republic of Kazakhstan, in compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of plants quarantine, availability of phytosanitary certificates in accordance with the quarantine phytosanitary requirements of the importing country;
2) within the Republic of Kazakhstan, in compliance with the requirements of the legislation of the Republic of Kazakhstan in the field of plants quarantine, availability of quarantine certificates for quarantineable products of high phytosanitary risk.
The quarantine state of quarantineable products exported outside the territory of the Republic of Kazakhstan for compliance with the quarantine phytosanitary requirements of the importing country shall be certified by the state inspectors for plants quarantine at the points of initial shipment and a second time - at sea and river ports (wharves), airports, railway stations, production facilities of postal operators , objects of domestic trade, bus stations (bus stations) and other objects when reloading (forming) export consignments. When exporting outside the territory of the Republic of Kazakhstan without overload at the checkpoint across the State border of the Republic of Kazakhstan (phytosanitary control post), supervision shall be carried out only for the correct execution of the phytosanitary certificate issued from the place of shipment.
4-1. Interregional transportation of quarantineable products of high phytosanitary risk shall be carried out in the presence of quarantine certificates issued by the state inspector for plants quarantine of the territorial division of the department of the authorized body.
The quarantine state of quarantineable products during interregional transportation shall be certified by the state inspectors for plants quarantine at the places of initial shipment and a second time at the places of destination of quarantineable products.
Issuance of a quarantine certificate shall be allowed:
1) for grain and its processed products contaminated with quarantine weeds (with the exception of quarantine weeds of the genus Striga spp.), subject to sending for processing to individuals and legal entities who have received an account number.
The quarantine state of quarantineable products after processing of grain and its processing products contaminated with quarantine weeds (except for quarantine weeds of the genus Striga spp.) shall be determined by the state inspectors for plants quarantine based on the results of inspection of quarantineable products and quarantine phytosanitary expertise and (or) laboratory expertise;
2) on fruits and berries with the presence of the sharki virus (smallpox) of plums (Plum Pox Potyvirus), quarantine types of pseudo-scale insects and scale insects.
Readdressing of quarantineable products on the route or destination shall be carried out with the permission of the territorial division of the department of the authorized body on the territory of which this operation is carried out.
Readdressing of quarantineable products, exported from the quarantine zone of the Republic of Kazakhstan, shall be prohibited along the route.
Movable quarantineable products shall be subject to quarantine inspection for the second time at the place of their destination.
In the places of destination of quarantineable products of high phytosanitary risk, the original of the quarantine certificate shall be subject to seizure by the state inspector for plants quarantine during quarantine phytosanitary control and supervision.
5. Inspection and disinfection of quarantineable products and vehicles, quarantine phytosanitary expertise and (or) laboratory experise, issuance of quarantine documents shall be carried out at the expense of their owners in accordance with and in the procedure, established by the legislation of the Republic of Kazakhstan in the field of plants quarantine.
The quarantineable products, imported into the territory of the Republic of Kazakhstan, the transport on which the quarantineable products are transported, shall be subject to state supervision in the field of plants quarantine, and, if necessary, to quarantine inspection at phytosanitary control posts, as well as quarantine inspection at the place of destination of quarantineable products with registration of appropriate acts.
The state inspector for plants quarantine shall explain the legislation of the Republic of Kazakhstan in the field of plants quarantine to the owners of quarantineable products, establish the availability of a phytosanitary certificate, a quarantine certificate for quarantineable products of high phytosanitary risk, conduct an external inspection of transport, quarantineable products, conduct selection of samples from quarantineable products, their examination on the site in order to identify pests, plants diseases and weeds. If necessary, the samples and objects shall be transferred to an authorized organization for confirmation of the objects species belonging to the quarantine types.
If the carrier refuses to submit quarantineable products for conducting state quarantine phytosanitary control and supervision, then they must be returned to the exporting country or the sender when carrying out interregional transportation of quarantineable products at the expense of their owner, about which the state inspector for plants quarantine shall notify the territorial subdivision of the department of the authorized body or border authorities and state revenue bodies of the Republic of Kazakhstan when carrying out the return of quarantineable products to the exporting country.
Quarantineable products, in which quarantine objects are found, shall be subject to return, decontamination, cleaning from quarantine weeds or technical processing, destruction. The costs associated with disinfection, cleaning or processing of quarantineable products, their destruction shall be paid by their owners.
Sowing and planting materials contaminated with quarantine objects of scientific or other value, upon applying of their owners, shall be transferred for research to an authorized organization.
When the infection with quarantine objects is eliminated, the sowing and planting materials shall be returned to their owners.
The seizure of quarantineable products (including from postal items, hand luggage and baggage) shall be carried out by the state inspector for plants quarantine, about which an act of seizure shall be drawn up.
After passing the quarantine inspection of quarantineable products and conducting necessary measures for plants quarantine, the state inspector for plants quarantine shall put a corresponding stamp of the established form about the passage of state quarantine phytosanitary control and supervision on the accompanying shipping documents and issue an act of quarantine phytosanitary control and supervision to its owner.
Cargo operations (reloading onto other vehicles) with quarantineable products at phytosanitary control posts shall be conducted by their owner with the permission of the state inspector for plants quarantine after conducting the state quarantine phytosanitary control and supervision and mandatory quarantine inspection.
The imported quarantineable products, as well as vehicles that have passed quarantine inspection at phytosanitary control posts, shall be submitted to the state inspector for plants quarantine for secondary quarantine phytosanitary control and supervision at the final destination of the quarantineable products.
Inspection of quarantineable products and vehicles, sampling for analysis and expertise at the point of destination of quarantineable products shall be carried out by state inspectors for plants quarantine of the territorial subdivision of the department of the authorized body, in case of detection of organisms similar in morphological characteristics to quarantine objects, alien species, symptoms of plants diseases, signs of damage to quarantineable products by quarantine objects and alien species, the samples shall be sent for laboratory expertise for establishing the species composition of pests, plants and weeds diseases. Based on the results of quarantine phytosanitary control and supervision, an act shall be drawn up with a record about the conditions for using these products.
6.Vehicles and quarantineable products contaminated with quarantine objects, products which disinfection is provided for, as well as vehicles and quarantineable products that are potentially dangerous in quarantine relation, shall be subject to disinfection by the instruction of the Chief state inspector for plants quarantine of the Republic of Kazakhstan.
Disinfection of quarantineable products, provided for by the instructions of state inspectors for plants quarantine based on the results of quarantine inspection, shall be conducted at the expense of the owners of quarantineable products on a contractual basis with individuals and legal entities that are allowed to carry out these types of activity in accordance with the legislation of the Republic of Kazakhstan.
Processing of grain and its processing products contaminated with quarantine weeds (with the exception of quarantine weeds of the genus Striga spp.), using technologies that ensure deprivation of seeds and fruits of quarantine weeds of viability, decontamination and labeling of wood packaging material by individuals and legal entities that have not received an account number, shall be prohibited.
When quarantine objects are identified in quarantineable products at phytosanitary control posts, decontamination works shall be carried out at checkpoints across the State border of the Republic of Kazakhstan, coinciding with the customs border of the Eurasian Economic Union, in fumigation chambers, stacks, holds of ships and barges, wagons, containers and other types of transport.
After transportation of imported quarantineable products, as well as products from quarantine zones of the Republic of Kazakhstan, all types of vehicles shall be subject to mandatory cleaning with waste destruction, and, if necessary, fumigation in places determined by the state inspector for plants quarantine.
Footnote. Article 13 as amended by the Laws of the Republic of Kazakhstan dated 18.02.2002 No. 293; dated 03.07.2003 No. 462; dated 31.01.2006 No. 125; dated 17.07.2009 No. 188-IV (the order of enforcement see Article 2); dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2); dated 30.06.2010 No. 297-IV (shall be enforced from 01.07.2011); dated 06.01.2011 No. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 16.07.2011 No. 461-IV (shall be enforced from 30.01.2012); dated 10.07.2012 No. 36-V (shall be enforced upon expiry of ten calendar days after its first official publication); dated 10.11.2014 No. 249-V (shall be enforced upon expiry of ninety calendar days after the date of its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 12.02.2015).; dated 16.07.2015 № 330-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 09.04.2016 № 499-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 26.12.2017 № 124-VI (shall be enforced dated 01.01.2018); dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of twenty-one calendar days after its first official publication); dated 16.11.2020 № 375-VI (shall enter into force upon the expiry of ten calendar days after the day of its first official publication).Article 13-1. Procedure for detection of quarantine objects
1. For the purpose of well-timed detection of quarantine objects, identification of centres of their spreading, the land and forest areas, plantings of agricultural, decorative, medical and other crops, buildings, structures, containers, depots, other objects and territories of organizations linked with production, processing, storage, transportation and sale of quarantineable production, and other objects that may be a source of contamination and spreading of quarantine objects shall be subject to systematic observation.
Performance of these works shall be ensured by individuals and legal entities under prescriptions of state inspectors on plant quarantine, as well as Republican methodical centre of phytosanitary diagnostics and forecast.
2. The results of an examination, as well as the pests, plant pathogens and weeds that are identified, are sent to the state plant quarantine inspectors to determine and confirm the belonging of these objects to quarantine species. In the event that objects cannot be determined, state plant quarantine inspectors send them to confirm their belonging to quarantine species to the authorized organization.
State inspectors for plants quarantine of territorial subdivisions of the department of the authorized body shall conduct control examinations of these objects. The results of examination shall be drawn up by an act on quarantine phytosanitary control and supervision.
Footnote. Chapter 3 is supplemented by Article 13-1 in accordance with the Law of the Republic of Kazakhstan dated 31 January 2006 No. 125; as amended by the Laws of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2); dated 06.01.2011 NO. 378-IV (shall be enforced upon expiry of ten calendar days after its first official publication); dated 29.12.2014 No. 269-V (shall be enforced from 12.02.2015); dated 16.07.2015 № 330-V (shall be enforced upon expiry of ten calendar days after the day its first official publication); dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of twenty-one calendar days after its first official publication).Article 14. Procedure for imposition and removal of quarantine
1. Is excluded by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2).
2. Export of contaminated quarantineable production by quarantine objects in quarantine zones shall be prohibited or restrictions shall be imposed, the measures on plant quarantine shall be developed and carried out.
Contaminated production taken out from quarantine zone shall be subject to return, clearing, disinfection or transfer to its processing organizations.
Contaminated production, upon impossibility of its disinfection and processing shall be subject to withdrawal and destruction in the manner established by the regulatory legal acts.
List of quarantine restrictions and measures on plant quarantine shall be brought to notice of individuals, legal entities and population of quarantine zone.
Footnote. Article 14 as amended dated 20 December 2004 No. 13 (shall be enforced from 1 January 2005); by the Law of the Republic of Kazakhstan dated 31 January 2006 No. 125; dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2). Chapter 4. Resolution of disputes and responsibility for breach
of the legislation of the Republic of Kazakhstan in the field
of plant quarantine
Footnote. Title of Chapter 4 as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2).
Article 15. Resolution of disputes in the field of plant quarantine
Disputes in the field of plant quarantine shall be resolved in the manner established by the legislation of the Republic of Kazakhstan.
Article 16. Responsibility for breach of the legislation of the Republic of Kazakhstan in the field of plant quarantine
Breach of the legislation of the Republic of Kazakhstan in the field of plant quarantine shall entail responsibility established by the Laws of the Republic of Kazakhstan.
Footnote. Article 16 is in the wording of the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2).Chapter 5. Financing of measures on plant quarantine
Footnote. Title of Chapter 5 is in the wording of the Law of the Republic of Kazakhstan dated 18 February 2002 No. 293. As amended dated 20 December 2004 No. 13 (shall be enforced from 1 January 2005).
Article 17. (Is excluded dated 20 December 2004 No. 13 (shall be enforced from 1 January 2005). Article 18. Financing plant quarantine activities
1. At the expense of budgetary funds, financing of activities shall be carried out for:
1) localization and liquidation of foci of spread of quarantine objects and alien species, determined by the authorized body in accordance with subparagraph 8-1) of paragraph 1 of Article 7 of this Law, as well as conducting of emergency measures;
2) organizing and providing access to the representatives of the importing country for conducting an audit of the system of state quarantine phytosanitary control and supervision;
3) organizing and conduct of inspections of quarantineable objects, zones, places, production sites, free or having a limited distribution of quarantine objects and (or) alien species by the representatives of the importing country.
2. At the expense of individuals and (or) legal entities funds the following activities are performed :
1) measures on localization and elimination the outbreaks of quarantine weeds at sites and land plots in the ownership and (or) land use of individuals and legal entities;
2) disinfection, technical recycling, cleaning and destruction of contaminated quarantineable products, return of quarantineable products;
3) disinfection and cleaning of premises and vehicles.
3. Financing of the activities provided for by subparagraph 3) of paragraph 1 of this Article, in excess of the volume of their financing at the expense of budgetary funds for the corresponding financial year, shall be carried out from other sources not prohibited by the legislation of the Republic of Kazakhstan.
Footnote. Article 18 in the new wording of the Law of the Republic of Kazakhstan dated 16.07.2015 № 330-V (shall be enforced from 01.01.2016); as amended by the Law of the Republic of Kazakhstan dated 28.10.2019 No. 268-VI (shall be enforced upon expiry of twenty-one calendar days after its first official publication). Chapter 6. International cooperation in the field
of plant quarantine Article 19. Principles of international cooperation in the field of plant quarantine
The Republic of Kazakhstan shall carry out international cooperation in the field of plant quarantine being regulated by principles of compliance of mutual security from entering and spreading of quarantine objects.
Article 20. Activity of foreign persons and foreign legal entities in the field of plant quarantine in the territory of the Republic of Kazakhstan
Footnote. Title of Article 20 as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2).
Activity of foreign persons and foreign legal entities in the field of plant quarantine, if it is not inconsistent with the legislation of the Republic of Kazakhstan or regulated by international treaties shall be allowed in the territory of the Republic of Kazakhstan.
Footnote. Article 20 as amended by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2).Article 21. International treaties of the Republic of Kazakhstan in the field of plant quarantine
Footnote. Article 21 is excluded by the Law of the Republic of Kazakhstan dated 17.07.2009 No. 189-IV (the order of enforcement see Article 2).
The President |