European and mediterranean plant protection organization eppo collection of phytosanitary regulations




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ORGANISATION EUROPEENNE ET MEDITERRANEENNE POUR LA PROTECTION DES PLANTES

EUROPEAN AND MEDITERRANEAN PLANT PROTECTION ORGANIZATION


EPPO COLLECTION OF
PHYTOSANITARY REGULATIONS

RECUEIL OEPP DE REGLEMENTATION PHYTOSANITAIRE
SYRIA/SYRIE

98/6970

Law N° 237 and Legislation of Agriculture Quarantine, Legislative Decree No. 63 of 04.06.1963 and Legislation no. 21/T of 12.08.1991

1999-11


OEPP/EPPO

1 rue le Nôtre

75016 PARIS

ORGANISATION EUROPEENNE ET MEDITERRANEENNE POUR LA PROTECTION DES PLANTES

EUROPEAN AND MEDITERRANEAN PLANT PROTECTION ORGANIZATION


98/6970


EPPO COLLECTION OF
PHYTOSANITARY REGULATIONS


RECUEIL OEPP DE REGLEMENTATION PHYTOSANITAIRE

SYRIA/SYRIE

Law N° 237 and Legislation of Agriculture Quarantine,

Legislative Decree No. 63 of 04.06.1963 and

Legislation no. 21/T of 12.08.1991


(English text/texte en anglais)


1998-10


OEPP/EPPO

1 rue le Nôtre

75016 PARIS

Syrian Arab Republic

Ministry of Agriculture and Agrarian Reform

Directorate of Plant Protection




Law and Legislation of Agriculture Quarantine
in the Syrian Arab Republic

1991


Ratification of the President of the

United Arab Republic for Law No 237

Relevant to Agricultural Quarantine in Syria

In the name of the people,

the President of the United Arab Republic,

based upon the Provisional Constitution and

based upon Legislative Decree No 132 of 1953 on agricultural quarantine and

based upon the parliamentary proposals,

has ratified the following law:

Article 1

In applying the terms of this law, the expression "plants" means plants with all their parts whether they are roots, stalks, flowers, fruits or seeds, in whichever form they may be found whether dead, fresh or dry. The expression "plant products" means products of plant origin or those which are prepared in a way that has not changed their plant nature.



Article 2

Importing plants and their parts, as well as plant products, from Syria or exporting them to Syria, is prohibited unless they are submitted to the Agricultural Quarantine staff to be sure of their safety and their fulfillment of conditions required by the Agricultural Quarantine Departments in Syria or in the importing country.



Article 3

Plants and their parts, as well as plant products, which are infested by pests and diseases that do not exist in Syria, are prohibited from entering the Region.


The Minister of Agriculture has the right to exempt plants, through legislation issued by him, if it is possible to fully exterminate all infestation in all its stages, and in the way that the Ministry of Agriculture decides.

Article 4

Plants and their parts, as well as plant products, which are infested with pests or diseases that exist in Syria, are prohibited from entering the Region, unless it is possible to exterminate all their infestations in the way that the Ministry of Agriculture decides.


The Minister of Agriculture has the right to exempt plants, through legislation issued by him, if importation does not cause any harm to agriculture in the Region.

Article 5

Departments of Agricultural Quarantine in the Region have to complete the procedures of fumigation, disinfection, purging or other processes to exterminate infestations in the agricultural consignment and make it fulfil the conditions of entry to Syria or to the importing country.


In all cases, Agricultural Quarantine Departments have to take the necessary precautions to prevent the release of pests or diseases from agricultural consignments or to inspect these consignments to ensure that they are disease- and pest-free. They are entitled to control import and export warehouses for this purpose.

Article 6

The cost of all procedures undertaken relative to this law and its executive legislations are to be paid by the concerned person. As a result, the Quarantine Departments are not responsible for the cost of procedures whether implemented at the request of the concerned party or whether carried out by the concerned department for the sake of public safety.



Article 7

The Minister of Agriculture issues legislation for the following matters:


a. Specification of plants and their parts as well as the plant products and those that are absolutely prohibited from entry to Syria or those that can enter with a licence from the Ministry of Agriculture.
b. Specification of agricultural pests prohibited from entering Syria, as well as consignments that may be allowed to after their infestations have been eliminated according to the methods defined in the aforementioned legislation.
c. Prohibiting import or export of special kinds of plants and their parts as well as plant products if the productive fields or nurseries are infected with agricultural pests that are internationally recognized as dangerous.
d. Identifying points of entry and exit for the consignments as well as identifying specific points of entry and consumption of particular agricultural consignments.
e. Identifying which conditions agricultural consignments must comply with, whether they are imported, exported, or transited, as well as identifying the procedures that should be followed in applying the provisions of this law.

Article 8

Anyone who introduces or tries to introduce agricultural consignments in contravention of the provisions of this law or related legislation amended by Decree No. 63 of June 4 1963, is to be punished by imprisonment of a period not less than three months and not exceeding six months, and fined not less than five hundred Syrian Pounds and not exceeding one thousand Syrian Pounds, or by one of the two penalties, along with the confiscation of the consignment in accordance with the regulations in force.


Article 9
Agricultural Quarantine employees who have legally sworn and employees of Customs, Posts, and Railways have the judicial authority to uphold these regulations.
Article 10

The Minister of Agriculture issues the executive legislations for this law.


Article 11

Legislative Decree No 132 of 7th October, 1953 and all the provisions contradicting this law are to be cancelled.


Article 12

This Law is to be published in "Al-Jarideh Al-Rasmieh" (The Official Newspaper) and will be in force two months after publication.


Issued by The Presidential Republic Bureau on 17th July, 1960

Jamal Abdul Nasser

Damascus 25.7.1960
Legislative Decree

No. 63
President of the national council

for the leadership of revolution,

upon the Military Order No. 1 of 8 March, 1963,

and the Legislative Decree no. 10 of 22 March, 1963,

and the Decree of the National Council for the Leadership

of Revolution no. 63 of 4 June, 1963


Decides the following:
Article 1:

The following text is to be added to the end of Article Number Eight of Agricultural Quarantine Law No. 237 of 1960:


Agricultural Consignments that are introduced into the Country, without being accompanied by a phytosanitary certificate from the country of origin, are to be exempted from confiscation if it is proved that they are free from agricultural pests and they fulfil the provisions of the Law.
Article 2:

This Legislative Decree is to be published in "Al-Jarideh Al-Rasmieh" (The Official Newspaper).


Damascus, 4 June 1963


Luai Al-Atasi

President of the National Council

for the Leadership of Revolution

Syrian Arab Republic

Ministry of Agriculture and Agrarian Reform

Plant Protection Directorate
Legislation no. 21/T
Based upon the regulations of the Basic Law for State Employees No 1 of 1985, and based upon the regulations of Law No. 237 of 1960 the activities of agricultural quarantine and based upon Legislative Decree No. 2590 of 1986, and based upon the regulations of Decision No. 105/T of 1987 including the tasks of the Plant Protection Directorate, and based upon the proposal of the Plant Protection Directorate and upon the prerequisites of the public interest,
The following has been decided:
Article 1
Definitions. The following expressions in the application of this legislation, are defined as follows:
The Country : The Syrian Arab Republic
The Ministry : The Ministry of Agriculture and Agrarian Reform
The Minister : The Minister of Agriculture and Agrarian Reform
The consignment : The agricultural consignment imported or exported or transited via one or several means of transport under one customs declaration
The Pest : Every organism or any stage in its life cycle causing damage to plants or their parts or living or dead products, such insects, fungi, bacteria, viruses, virus-like organisms, mites, nematodes, rodents, protozoa, and other animals
The Plant : Any type of plant or its parts dead or alive, wet or dry
Plant Products : Any material produced from plant origin including materials prepared synthetically in such a way that they cannot be protected from one of the various agricultural pests
Any diseased state resulting from infestation by one of the above mentioned pests or what causes them
The Infestation : The presence of the pest

Article 2

a. The agricultural Consignment imported into the country will be refused entry if it is infested by one of the pests stipulated in Tables 1 and 2 attached to this Decision.


b. If Khapra beetle is present, alive or dead.
c. If the agricultural consignment imported into the country is infested with one of the pests stipulated in Table 3 it will be allowed entry into the country in accordance with the following:
- If the infestation level does not exceed the tolerance identified next to each one, and it is intended for cultivation and cited in Table 3.
- If the infestation does not exceed one living insect or one of its living stages per kg of grain or the level of infestation does not exceed one percent for other agricultural consignments prepared for manufacturing or consumption (excluding flour).
- If the infestation does not exceed two percent if the consignment consists of vegetables or fresh fruit.
- Insect-infested consignments satisfying the above tolerances are subject to a process of sterilization for extermination of the infesting pest prior to allowing its use under the supervision of Agricultural Quarantine, excluding vegetables and fresh fruit.
- Flour imported for consumption is subject to the following tolerances:
Flour: A consignment of imported flour will be allowed entry if the level of living insects or mites, or their various stages (egg, larva, pupa) does not exceed in its entirety 15 living insects per 50 kg (the weight of each sack) and is subject to sterilization and extermination of the infesting insects.
- If the percentage exceeds 15 living insects and 5 dead insects or any of their stages in one sack (50 kg), then the consignment is refused.
- Exempted from these tolerances are imported consignments, such as seeds, for the State according to specific agricultural health conditions prepared with the knowledge of the Ministry and subject to all applicable inspections.
- The importer should bear all costs resulting from transport and sterilization of the consignment on behalf of the requesting party.
- If the consignment appears infected with a pest not listed in the attached Tables 1, 2 or 3 the final decision on introduction or rejection will be within the purview of the Technical Committee mentioned in Article 3 of this Decision in accordance with the importance and seriousness of the infestation.

Article 3

a. A permanent technical committee for agricultural quarantine is formed, presided over by a deputy minister and members of the following:


- Director of Agricultural Scientific Research

- Director of Agricultural Affairs

- Director of Plant Protection

- Head of the Plant Protection Research Department

- Head of the Agricultural Quarantine Department

- Head of the Control Department


The Committee will make use of the expertise of concerned specialists.
b. The task of the Committee is to handle provisional states and problematic cases in interpretation of the regulations and tables of agricultural quarantine, and cases which are not directly interpretable.

Article 4

Thc documents accompanying the imported agricultural consignments should be as follows :


a. a certificate of origin issued by official institutions in the country of origin and authorized accordingly.
b. a phytosanitary certificate issued by an official institution in the country of origin and compatible with the international model adopted in the Rome International Plant Protection Convention of 1951 and its amendments and should be authorized by that institution in addition to being authorized by the Syrian mission in the country of origin or by its representatives in implementing the regulations of Article 1 of Legislative Decree No. 49 of 1977 and its amendments.
- The certificate should mention that the consignment is free from viral diseases, if it is intended for cultivation and free from the pests identified in the import license.

The certificate will be rejected if it is written more than 15 days before shipment.


- A copy of the original certificate produced within the country will not be accepted unless the statement According to the Original is issued by the same institution which issues the document.
- In case of difficulty or delay in obtaining the original certificate it will be possible to accept a second copy of the original certificate or a copy in accordance with the certificate of origin if it is authorized by an official institution which issued it and by the Syrian mission or its representatives in the country of origin.
Article 5

No exemptions or exceptions from provision of the documents will apply to any infested agricultural consignment.


Article 6

The prerequisites for the import, transit, or export of consignments, and the resulting procedures and treatments are defined as follows:


Firstly, imported consignments:
a. Each agricultural consignment should be accompanied by a certificate of origin and a phytosanitary certificate from relevant official authorities in the country of origin testifying that it is free from pests and harmful diseases.

b. Agricultural consignments not intended for multiplication or cultivation are exempt from provision of a phytosanitary certificate if in the possession of travellers on condition that their weight does not exceed 20 kg of vegetables and fruits if coming from (contiguous) neighboring countries and they should be presented to agricultural quarantine for verification of health status. Certificates from other origins will not be exempted.


c. Material mentioned in Paragraph B Item One Article 6, imported into the country and exceeding 20 kg will not be allowed entry, unless it is accompanied by the necessary documents for the imported agricultural consignment.
d. All agricultural products processed in a manner that renders them no longer a plant or a part of a plant or one of its products, or protects them through roasting, cooking, or preservation in brine or sulfuric solution, are exempted from provision of the phytosanitary certificate.
e. The importing or conveying parties or their representatives must provide the Agricultural Quarantine Bureau, within 36 h of arrival of the agricultural consignment, with a declaration authorized by them regarding this consignment including all the details in terms of its kind, class, quantity, trade mark and other specifications. The Agricultural Quarantine staff retain the right to examine the consignment immediately upon its arrival and decide upon the necessary procedures, even if the importer does not so request.
f. All consignments in need of sterilization should be sterilized at once.
g. Consignments refused entry into the country should be re-exported by their importer within five days of notification. In this case, all measures which prevent release into the country are taken within the above-mentioned period and the consignment is destroyed, unless it is re-exported within the predetermined period, based upon the recommendation of the Plant Protection Directorate. If there is any danger of infection of the plants by the presence of the refused consignment, the Minister has the right to order its expulsion before the termination of the predetermined period, otherwise it will be destroyed. The parties concerned will be informed of these actions.
h. The following procedures are followed for introduced agricultural consignments:
1. Consignments cleared at the arrival point:
a. The Agricultural Quarantine staff will inspect the introduced agricultural consignment at the first point of arrival, and if it is found to be free from pests it will be allowed entry into the country. Its documents will be withdrawn and recorded as an introduced consignment if there is no need for laboratory analysis.
b. If the consignment requires laboratory examination, the quarantine staff at the point of entry will take random samples and send them to the laboratory. The consignment will not be released until the results of the analysis appear and certify that it is free from any infestation.
2. Procedures for consignments accompanied to internal customs centers are as follows:
a. In accordance with the above-mentioned Paragraph A, the Agricultural Quarantine staff will inspect the consignment at the first arrival point and will write on the transfer statement Inspected and attached accompanying certificates withdrawn and registered as an introduced consignment. In this case, it will not be again registered at the Agricultural Quarantine Center to which it is transferred and in which it will be cleared in order to avoid duplication. But its staff will complete the necessary procedures for its release.
b. If the consignment requires laboratory inspection or examination, the above-mentioned Paragraph B will be applied and on the dispatching letter the name of the center in which the clearance will be done will be recorded in order that the results of the laboratory examination are sent to in order to save time and ensure good and systematic processing of the work. The consignment will not be released until the results of the laboratory analysis appear and certify that it is free from any infestation.
Parcels : It is exclusively permitted for official and scientific parties, upon prior approval from the Ministry, to import agricultural consignments by parcel, on condition that they will be subject to examination by Agricultural Quarantine according to practice.
Secondly: Transited Consignments
Consignments in transit cross the country to another country, or are discharged at ports, airports, and customs centers on the borders for re-export or for storage in free zones.
Transited consignments are handled as follows:
a. They are exempt from prior licensing and agricultural certificates and inspections or examinations
b. Contrary to the above mentioned paragraph A, the following rules should be adhered to:
1. When transited consignments are discharged at a border customs center, they will be examined. If they are found to be infested by a pest prohibited from entering the country they will be permitted to leave the country immediately on a means of transport sealed after all necessary precautions for prevention of pest release during the crossing.
2. If the transited consignment is discharged in a free zone within the country, the quarantine staff must examine it before discharging it, and if he finds a prohibited infestation the consignment should be immediately expelled from the country. In all cases the necessary measures should be taken to prohibit pest release from the transited consignments.
c. It is strictly prohibited to open or discharge transited consignments during transit of the country, except in the presence of Agricultural Quarantine staff and the transited means of transport should cross the country as quickly as possible and within the predetermined period.
d. The Quarantine staff of the first point of arrival must indicate the statement and register them and advise the exit point of these goods.

Thirdly, exported consignments
a. Those wishing to export an agricultural consignment must submit an application on a specified form to the concerned Agricultural Quarantine bureau on condition that a separate application for each commodity be submitted. One application is enough for the consignment including more than one commodity if all commodities are intended for one destination and the addressee is one person. Agricultural consignments not intended for multiplication and not exceeding 20 kg in weight are exempt from submission of an application provided that they are inspected by the relevant staff member of the Quarantine Authority prior to shipment.
b. Each consignment licensed for export will be issued a phytosanitary certificate according to the model adopted by the International Plant Protection Convention of 1951 and its amendments, taking into consideration the specific provisions required by phytosanitary regulations applied in the importing country. The interval between issuance of the certificate and export of the goods should not exceed two weeks. Otherwise the analysis procedures will be annulled and a new certificate for export of the consignment obtained.
c. If the exporter desires to change the destination of the consignment he must notify the concerned Agricultural Quarantine Center within an adequate period of time prior to shipping in order to complement the procedures requested by the new importing country and provide the necessary agricultural health certificate.

Article 7

It is prohibited to introduce date palm or its parts, either transplants or seedlings or dates, pits, palm fibers, or palm branches stripped of leaves, introduced or in transit from Maghreb countries or adjacent countries, or from any country known to be infected with "Bayoud' disease caused by the fungus Fusarium oxysporum.



Article 8
It is prohibited to introduce the following:
a. soil

b. live agricultural pests in any stage

c. wastes of plant materials consumed on airplanes, ships, trains and others.

d. cultures of bacteria, fungi or micro-organisms harmful to plants

e. natural organic fertilizers

f. agricultural consignments intended for cultivation, if mixed with soil or other prohibited materials difficult to separate

g. license for importing prohibited material is prohibited except for specialized scientific institutions on the condition that prior approval from the Ministry is obtained and the guidelines are adhered to.

Article 9

a. It is absolutely prohibited to introduce soil and organic fertilizers either in the form of shipment or around the roots or in any state excluding samples and specimens introduced for analysis and museums or laboratories, provided that prior approval from the Ministry is obtained, ensuring freedom from agricultural pests according to a formal document issued in the country of origin, excluding organic fertilizers (compost), provided it is proved they are free from agricultural pests.


b. Introducing seed samples, live insects, micro-organisms, or the like, intended for biological control and other useful applications are subject to prior approval by the Ministry based upon the suggestion of the Specialized Technical Committee.

Article 10
The cost of all procedures undertaken relative to this law and its executive legislations are to be paid by the person concerned. The Quarantine Department is not responsible for the procedures whether implemented at the request of the party concerned or whether carried out by the department concerned for the sake of public safety.

General Rules
Article 11
Penalties and fines stipulated in Law No. 237 of 1960 and its executive legislation are applied to those who contravene the provisions of this legislation.

Article 12

All the provisions of other Decisions contradicting this Decision are annulled.



Article 13

This Decision is published and those responsible for its implementation are hereby informed.

Damascus, 12/8/1991
Minister of Agriculture and Agrarian Reform

(signature)

Mohamed Ghbash

A N N E X E I


Anthonomus spp

Capnodis carbonaria

Chalcophora stigmatica

Cosmopolites sordidus

Leptinotarsa decemlineata

Oryctes elegans

Rhynchites spp

Anarsia lineatella

Carpocapsa pomonella

Clysia ambiguella

Grapholita funebrana

Laspeyresia spp

Polychrosis botrana

Ceratitis capitata

Chaetodacus spp

Dacus spp

Rhagoletis cerasi

Armillaria mellea

Rosellinia necatrix

Bacterium tumefaciens

Heterodera marioni

Phytomonas citri

Phytomonas syringae

Venturia pirina & inaequalis

Glomerella cingulata

Nectria spp.


Bacillus amylovorus

Phyllosticta solitaria

Stromatinia fructigena

Sclerotinia cinerea & laxa

Bacterium pruni

Polystigma rubrum

Plasmopara viticola

Cladosporium ampelophagum

Bacterium savastanoi

Cycloconium oleaginum

Fusicladium eriobotryae

Bacterium solanacearum

Bacillus phytophthorus

Verticillium albo-atrum

Actinomyces scabies

Synchytrium endobioticum

Phytophthora infestans

Virus spp



Pythium debaryanum

Colletotrichum lagenarium

Sclerotium cepivorum

Urocystis cepulae

Fusarium cubense

Fusarium spp

Bacterium spp




A N N E X E II



Bruchidae spp

Calandra spp

Carpophilus spp.

Dermestes frischi

Laemophloeus spp

Lasioderma spp

Necrobia rufipes

Oryzaephilus surinamensis

Sitona spp

Siphonaptera spp

Tenebroides mauritanicus

Tribolium spp

Capua angustiarena

Cryptoblabes gnidiella

Deilephila livornica

Ephestia spp

Euthalia garuda

Geometridae spp

Glyphodes unionalis

Gnorimoschema (Phthorimea) operculella

Macalla thyrsisalis

Myelois ceratoniae

Plodia interpunctella

Sitotroga cerealella

Tortricidae spp

Virachola livia

Pyralidae spp

Saissetia hemisphaerica

Saissetia nigra

Saissetia oleae

Trionymus lounsburyi

Aphidae spp

Eriosoma lanigerum

Jassidae (Empoasca) spp

Parlatoria oleae (calianthina)

Parlotaria pergandei

Pseudococcus citri

Pseudococcus longispinus

Thrips tabaci

Tyroglyphidae spp

Tetranychus spp

Eriophyes vitis

Labidura riparia (Forficulidae)

Chalcidoidae (Fam. Eurytomidae)

G. Harmofita

Typhaea stercorea

Phenacoccus hirsutus

Cnephasia spp

Pandemis sp

Lyctus sp

Cacoecia sp

Balaninus sp

Macrosiphum sonchi

Eumerus amoenus

Camponotus spp

Eurytomidae spp

Coccidae sup

Aonidiella aurantii

Aonidiella lauri

Aspidiotus britannicus

Aspidiotus cyanophylli

Aspidiotus hederae

Aspidiotus lataniae

Aspidiotus ostreaeformis

Ceroplastes rusci

Chionaspis euonymi

Chionaspis striata

Lecanium spp

Lepidosaphes pinnaeformis (beckii)

Chrysomphalus dictyospermi

Chrysomphalus aonidum (ficus)

Lepidosaphes ulmi

Parlatoria blanchardi

Parlatoria proteus

Pseudococcus filamentosus (perniciosus)





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