Prakas No. 346 Phytosanitary Inspection

UNOFFICAL TRANSLATION

KINGDOM OF CAMBODIA

Nation-Religion-King

Ministry of Agriculture, Forestry and Fisheries

No. 346 PrK. KSK

PRAKAS

On

The Procedures for Plant Quarantine Inspection

Minister of Agriculture, Forestry and Fisheries

• Having seen the Constitution of the Kingdom of Cambodia
• Having seen the Royal Decree No. NS/RKT/0908/1055, dated 25 September 2008, on the Appointment of the Royal Government of the Kingdom of Cambodia
• Having seen the Royal Kram No. 02/NS/94, dated 20 July 1994, promulgating the Law on the Organization and Functioning of the Council of Ministers
• Having seen the Royal Kram No. NS/RKM/0196/13, dated 24 January 1996, promulgating the Law on the Establishment of the Ministry of Agriculture, Forestry and Fisheries
• Having seen the Royal Kram No. NS/RKM/0600/001, dated 21 June 2000, promulgating the Law on the Management of Quality and Safety of Products, Goods and Services
• Having seen the Royal Kram No. NS/RKM/0508/015, dated 13 May 2008, promulgating the Law on the Management of Crop Seeds and Rights of Crop Breeders
• Having seen the Sub-decree No. 17 ANKr.BK, dated 07 April 2000 on the Organization and Functioning of the Ministry of Agriculture, Forestry and Fisheries
• Having the Sub-decree No. 105 ANKr.BK, dated 22 August 2005, on the Addition of Duties/Functions of the Ministry of Agriculture, Forestry and Fisheries and the Establishment of the Department of Internal Audit, the Department of Planning and Statistics, Department of International Cooperation and Information and Document Centers under the Ministry of Agriculture, Forestry and Fisheries
• Having seen the Sub-decree NO. 188 ANKr.BK, dated 14 November 2008, on the Modification of the General Directorate of the Ministry into the General Secretariat, the Promotion of Forestry Administration and Fisheries Administration as General Directorate, the Promotion of the Department of Agronomy and Agricultural Land Improvement to the General Directorate of Agriculture and the Modification of the General Directorate of Rubber Plantations into the General Directorate of Rubber under the Ministry of Agriculture, Forestry and Fisheries
• Having seen the Sub-decree No. 15 ANKr.BK, dated 13 March 2003, on the Plant Quarantine Inspection
• Pursuant to the necessity of the Ministry of Agriculture, Forestry and Fisheries

HEREBY DECIDES

Article 1:        This Prakas aims at determining the procedures for plant quarantine inspection of import, export and transit, in the Kingdom of Cambodia, of all kinds of plant quarantine materials for the purpose of preventing endemic quarantine pest as to protect agricultural production and biodiversity and facilitate international trading activities.

Article 2:        Physical persons or legal persons who import, export and transit, in the Kingdom of Cambodia, any kinds of plant quarantine materials shall apply for inspection in accordance with the procedures of plant quarantine inspection and in compliance with all plant quarantine rules.

Article 3:        Physical persons or legal persons who import any kinds of plant quarantine materials shall fill in the application for plant quarantine inspection of import consignment at Plant Quarantine Inspection Office and attach with it the following documents:

• Phytosanitary Certificate and/or Phytosanitary Certificate for Re-Export exported by exporting countries and/or re-importing countries (Original Template)
• Fumigation Certificate, in case the consignment is fumigated prior to import to Cambodia
• Import License for Agricultural Materials issued by the Ministry of Agriculture, Forestry and Fisheries (In case they are agricultural goods such as crops, fertilizers, agricultural chemicals, feed etc.)
• Invoice, packing list and bill of lading

Sample Application for Plant Quarantine Inspection of Import Consignment and Sample Report of Plant Quarantine Inspection of Import Consignment are set out in Annexes 1 and 2 of this Prakas.

Article 4:        Physical persons or legal persons who intend to import any kinds of plant quarantine high risk goods as determined in the Annex 3 of this Prakas shall fill in the Import Certificate/Permit for Plant Quarantine Materials form at the General Directorate of Agriculture and attach with it the following documents:

• The list of endemic and stored pest of applying goods in the place of origin
• The list of endemic and stored pest of applying goods in the place of transit
• Technical documents of applying goods

The General Directorate of Agriculture shall respond to the results of the risk analysis within 15 days upon receipt of the above documents

In the event of importation, the physical persons or legal persons to whom the goods belong shall fill in the Application for Plant Quarantine Inspection of Import Consignment at Plant Quarantine Inspection Office and attach with it the documents stated in Article 3 and the following additional documents:

• Import Certificate/Permit for Plant Quarantine Materials issued by the General Directorate of Agriculture
• Other documents required by the Import Certificate/Permit for Plant Quarantine Materials issued by relevant authorities in importing and/or re-exporting countries.

Sample Application for Plant Quarantine Inspection of Import Consignment and sample Import Certificate/Permit for Plant Quarantine Materials are set out in Annexes 4 and 5 of this Prakas.

Article 5:        Physical persons or legal persons who intend to import any kinds of plant quarantine materials shall fill in the Application for Plant Quarantine Inspection of Import Consignment at the General Directorate of Agriculture within 10 days and attach with it the following documents:

• Invoice and packing list
• Fumigation certificate (If any)
• Import permit issued by the importing country (If any)
• Plant quarantine requirements of the importing country (If any)
• Phytosanitary certificate issued by plant quarantine authority of country of origin (In case of applying for re-export)

Sample Application for Plant Quarantine Inspection of Export Consignment, Report of Plant Quarantine Inspection of Export Consignment, Export Certificate/Permit for Plant Quarantine Materials and Re-export Certificate/Permit for Plant Quarantine Materials are set out in Annexes 6, 7, 8 and 9 of this Prakas.

Article 6:        Physical persons or legal persons who intend to transit all kinds of plant quarantine materials shall fill in the Application for Plant Quarantine Inspection of Transit Consignment at the Entrance Gate Plant Quarantine Inspection Office and attach with it the following documents:

• Invoice, packing list and bill of lading
• Phytosanitary Certificate and/or Phytosanitary Certificate for Re-Export issued by importing country and/or re-exporting country (Original template)
• Fumigation certificate in case the goods are fumigated prior to import to Cambodia

Owners shall produce the above documents at the Exit Gate Plant Quarantine Inspection Office and attached with them the Report of Plant Quarantine Inspection of Transit Consignment received at the entrance gate.

Sample Application for Plant Quarantine Inspection of Transit Consignment and Report of Plant Quarantine Inspection of Transit Consignment are set out in Annexes 10 and 11 of this Prakas.

Article 7:        Physical persons or legal persons who intend to export, import or transit any kinds of plant quarantine materials from one area to another in the territory of the Kingdom of Cambodia declared as endemic plant quarantine pest or dangerous pest shall apply for plant quarantine inspection at the Provisional Plant Quarantine Inspection Office and comply with the following plant quarantine rules:

1. Completely postpone any transportation or exportation or transit of all kinds of plant quarantine materials which are the direct habitats of endemic pest which the phytosanitary authority is aiming to destroy completely.
2. Transportation or import-export or transit of all kinds of plant quarantine materials which are not the direct habitats of endemic pest which the phytosanitary authority is aiming to destroy completely.

Sample Application for Plant Quarantine Inspection of Consignment of Plant Quarantine Materials in the country is set out in Annexes 12, 13 and 14 of this Prakas.

Article 8:        Any Prakas or Decision contrary to this Prakas shall be abrogated.

Article 9:        The Secretary General, Inspector General, Director General of General Directorate of Agriculture, Head of Cabinet and presidents of relevant bodies under the Ministry shall be responsible for implementing this Prakas from the date of signature onwards.

Phnom Penh, 10 May 2010

Minister

[Signed and Stamped]

Chan Sarun

Recipients:

• Office of the Council of Ministers
• Cabinet of Samdech Prime Minister Hun Sen
• All relevant ministries and institutions
• All capital/provincial halls
• As in Article 9
• Document – Archive

Plant quarantine materials with potential high risk pest include:

• Plant seeds or fragment of plant seeds for replant, tissue culture, plant propagation, plant genetic modification
• Living insects, microorganism, biological agents, fungus
• Algae, soil or compost created from decayed plant sediments used for germination or planting or improvement of soil nutrition
• Products, vegetable, fresh fruits and roots, buds and mosses intended to be imported from a country of origin which has never carried out importation into Cambodia.
• Other goods which are classified in a risk level of the International Standards for Phytosanitary Measures No. 32 including No. 3 and No. 4 on the classification of goods based on the risk level caused by pest.