Legal Document

INDEX

Preamble

Chapter 1 - General Provisions

Chapter 2 - Phytosanitary Inspections

Chapter 3 - Domestic Plant Quarantine

DRAFT OF TRANSLATION ON REVISION ACCEPTED

BY COUNCIL OF MINISTERS: 14 FEB 2003

BY PP&PSD/DAALI

Kingdom of Cambodia

Nation Religion King

Royal Government of Cambodia

No. 15 អនក្រុ. បក

Sub-Decree on

PHYTOSANITARY INSPECTION

Royal Government

• Having seen Constitution of the Kingdom of Cambodia
• Having seen Royal Decree No.  នស/រកត/11198/72 dated 30  November 1998  on  the  Formation of the  Royal Government  of the  Kingdom  of Cambodia
• Having seen the Royal Kram No.. 02/នស/194 dated on 20 July 1994 on the Promulgation  the law  for  Organization  and  Function  of  the  Council Ministries
• Having seen Royal Kram No. នស/រកម/0196/13 dated 24 January 1996 on the Promulgation the law for establishment of the Ministry of Agriculture, Forestry and Fisheries
• Having seen Roy~JKram No. នស/រកម//0600/001  dated 21 June 2000 on the  Promulgation the law on the  Management of 'Quality and Safety of Products and Services. 
• Having  seen  Sub-Decree  No  17 អនក្រ dated  07  April  2000  on  the Organization and  Function of  Ministry  of  Agriculture,  Forestry. And Fisheries                                    
• Pursuant to the meeting of the Council of Ministers dated 14 February 2003.

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Decided

Chapter I

GENERAL PROVISIONS

Article 1. -

This Sub-Decree aims to prevent the introduction of quarantine and dangerous pests into the territory, the spread from one to another within territory  or to  other countries through any means of transportation in order to protect the agriculture production and bio-diversity.

Article 2. -

All plant quarantine materials bringing or transporting into, exit from or transit in the territory of. the  Kingdom  of Cambodia  shall  be  inspected  and  followed   the Phytosanitary Treatment. 

Article 3. -

Ministry of Agriculture, Forestry and Fisheries is responsible for implementation of plant quarantine which· has Plant Quarantine Authority of Department of Agronomy and Agricultural Land Improvement is implementing agency.

Article 4. -

Under this Sub-Decree, the definition and interpretation of important glossaries are:

a.     Pest  includes any member of the animal kingdom (other than Homo sapiens) or  plant kingdom or pathogenic agent;· whether  dead' or  alive, which 'could in' any stage of development injure, damage, destroy  or  be parasitic upon any plant or plant products. Such an expression also' includes for. the  limited  purposes of. this  Sub-decree,  but  is  not restricted to, insects, arachnids, rats, moles, snails, birds, organisms causing plant diseases and weeds.

b.     Plant Quarantine Pest  (PQP) means any pest of plants dangerous (potential economic importance) to plant but not yet in existence in the.Kingdom of Cambodia, and even those in existence but not widely spread yet that need to be controlled.

c.      Phytosanitary     Inspection     includes   researching,   investigating,   observing, checking  and  sampling, 'analyzing and  identifying  plant quarantine materials to determine its infection status."     .

d.     Dangerous Pest (DP) is pest causing or being able to cause large economical damage or seriously destroy plant resource and environment.

e.     Infested means bearing or containing any pest.

f.       Transit transport means transit of goods and means of transport across the territory of the  Kingdom of Cambodia when the passage is only a portion of a complete journey beginning and terminating beyond the frontier of the Kingdom of Cambodia across whose territory the trafficpasses;  transit  transport ·may or may  not  include transshipment, warehousing, breaking bulk or change in the mode of transport.

g.     Soil means  any  earth,  ground or  naturally occurring  mixture of  mineral  and organic material in which plants may be grown.

h.     Epidemic Area  is zone 'of existing' one or several species of published plant quarantine (PQP) or dangerous pests (DP).

i.       Goods  include plants or' part of plant, plant products, seed or seed materials, which is being moved for commercial or other purposes..

j.       Epidemic   Nest  is  place, where one  or  several species  of  published  plant quarantine or dangerous pest are existed.

k.      Plant  products   mean unprocessed, semi-processed or processed material  of plant origin that, by their nature or that of their processing, may create a risk for the introduction and spread of pests.

l.       Manufactured  materials  of plant origin  means unprocessed, semi-processed or processed material of plant origin that, by their nature or that of their processing, may create a risk for the introduction and spread of pests. These products are not include the material, packaged in can or bottle and may be not created a risk for spreading the pests.

m.    Phytosanitary of or for plant  or  plant-product  health  esp.  the prevention, treatment or removal of pests.

n.     Phytosanitary Officer  (PSO) refers to any person appointed for phytosanitary inspection.

o.     Plant means all members of the plant kingdom, whether living or dead, at any stage of growth or development, any part or parts of such,  but not preserved fruits or vegetables imported in hermetically sealed cans, tiris,'bottles' or other containers. Such an expression also included, but is not restricted to, seed, grain, tuber, corm, bulb, root, stem, branch, stock, budwood, cutting, layer, slip, sucker, rhizome, leaf, flower and fruits of plants.

p.     Phytosanitary Requirement means the requirement of plant quarantine authority of any country' to prevent against the spread of pest into the country by means of importing activities. This requirement is in accordance with the International Plant Protection Convention - 1951.

q.     Phytosanitary Cerificate   (PC) refers to an internationally, accepted certificate issued by the  Plant Quarantine Authority  after  due  phytosanltary inspecti6ri"of'goods prior to export' from country origin in accordance' with the model prescribed in the 1951 International Plant Protection Convention. A PC is required for importation, exportation and transit of all goods objected to plant quarantine.

r.       Phytosanitary Certificate   for Re-export   (PCR) refers  to  an  internationally accepted certificate issued by the Plant Quarantine Authority after due phytosanitary inspection of goods not originally in that country prior to export to the third country, A   PCR is in accordance with the model prescribed in the 1951 International, Plant Protection, Convention. A PCR is required for non-direct importation or exportation of or transit of all goods' objected to plant quarantine which is not original, is being transshipped or warehoused or broken 'bulk or changed in the mode of transport or taken phytosanitary treatment in the second country,

s.      Phytosanitary Treatment'  includes  selecting;  eliminating, 're-processing,  and cleaning, decontaminating, retaining returning back to the place of origin or destroying plant quarantine materials.

t.       Beneficial organism means an organism which benefit plant growth and development by infecting, parasitizing or predating on plant pests. Such an expression includes, but is not restricted to, insects, arachnids, nematodes, .fungi, bacteria, viruses and other microbial organisms. These beneficial orqanisms are known to carry on or in them other undesirable organisms   (e.g.   hyper parasitoids    and entomopathogenic organisms) detrimental to plant growth  and development.

u.     Plant Quarantine Authority    (PQA)   means   an   authority   in   charged   in phytosanitary inspection and has clearly organizational structure from the middle .level to the plant quarantine stations. This authority refers to" Plant Protection and' 'Phytosanitary Inspection .Office  (PP&PSO) under supervise of Department of Agronomy and Agricultural  Land Improvement (DAAU) of Ministry of Agriculture Forestry and Fisheries (MAFF).

v.      Infection Status is level and character of plant quarantine materials bearing or containing with pests.

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Chapter II

PHYTOSANITARY INSPECTION

Article 5. -

Ministry of Agriculture Forestry and Fisheries shall nominate Phytosanitary and animal-  sanitary   Officers to  implement  the inspection  following  their   duties   in international check  points,  international  border-check, points,  bilateral  border-check points, regional border-check points and sea border-check ports throughout the Kingdom of Cambodia.                                                                                  .

Ministry of Agriculture, Forestry and, Fisheries shall set up Phytosanitary and animal-sanitary inspection check points at train station, dry-port and domestic ports and airports.

In case epidemic of plant quarantine pest or dangerous pest in any area .of the Kingdom of Cambodia, Ministry of Agriculture Forestry and Fisheries shall be setting up transitional phytosanitary  inspection check  points in the  place  is  needed to  control epidemic and  apply  plant  quarantine treatment for  eliminating  the  problem.' When epidemic has been eliminated Ministry of Agriculture Forestry and Fisheries shall be breaking up all those' transitional' phytosanitary inspection check points.

Phytosanitary 'inspection check points shall be equipped 'with technical apparatus in order to insure the effectiveness of inspection.

Phytosanitary inspection check points shall be situated at-the place where are convenient for the transportation of material. 

Article 6. -

Phytosanitary inspection shall be implemented following phytosanitary requirement of each countries.

Article 7. -

Plant quarantine materials are:

• Plants, parts of plant, plant products, and agricultural products that are not certified free of pests;
• Packaging material or wooden boxes, palettes or  any means of transport  and storage;
• Soil or soil attached to root or part of plant;
• Live or dead pests or beneficial organisms;
• Any other items that may not be of plant origin but yet may provide a habitat for pests.                                .

List of plant quarantine materials shall define by Pracas of Minister of Agriculture Forestry and Fisheries, Minister of Commerce, Minister of Industry Mine and Energt, and .Minister of Health.

Article 8. -

Any person, who are transporting any plant quarantine material shall carry out the following' procedures:

• Proper declares the material;
• Obtains a phytosanitary certificate;
• Packs the materials in good package and tightly fasten to avoid leakage or spillage of materials while being transported;
• Stores or transports the materials in the place or through the way designated by the Plant Quarantine Authority.                      .

In case of transport, store or load the materials in place or through the way other than designated; 'shall requests the permission from Plant Quarantine Authority.

Article 9. -

Before the arrival of goods to the points of entry to or exit from Cambodia, the owner shall announce to the nearest phytosanitary check point and shall make good convenient for phytosanitary inspection. The phytosanitary inspection shall be completed within 24 hours after receiving the notification.

Within 10 days prior the export of the materials, the owner shall apply to Plant Quarantine Authority 'and shall make good convenient for the phytosanitary inspection. Within this period of time the Plant Quarantine Authority shall complete phytosanitary inspection and treatment.

Article 10. -

For any plant quarantine materials, which are not complied with the phytosanitary requirement of importing country, the owner shall follows the phytosanitary treatment. The expense for phytosanitary treatment shall be paid by the material owner.

Article  11. -

Any  physical or juridical  person shall  inform to the  nearest Plant Quarantine Authority, when he/she has seen:

a.     a sail boat, 'a moto-driven boat, a ship or any other sea-going vessel loading any  plant  quarantine  materials, which  has  broken  down .and  has  drifted  into  the maritime territory of the Kingdom of Cambodia.

b.     a plane drop any material as described above into the territory of the Kingdom of Cambodia.

Article 12. -

The  owner of  plant quarantine materials shall  immediately take  measure  to control, when he/she sees or knows that  his. or her material has damaged by  plant quarantine pests. If owner has no ability to control them, he/she shall requests to Plant Quarantine Authority to take phytosanitary treatment.

Article 13. -

If pests invade any check point, phytosanitary officer shall take adequate and appropriate measure to control and eliminate them immediately, in order to avoid the transportation stack.

If  above  measure  is  not  effected,  Plant  Quarantine  Authority   shall  stop transportation, loading or unloading materials until the pest have fully eliminated.

Article 14. -

Any physical or juridical' person who requests a phytosanitary inspection shall pay a fee called a phytosanitary inspection fee. If- requests for the  treatment  of the consignment to control pests - a pest control fee. These payments shall be deposited to the national budget through Plant Quarantine Authority.

Phytosanitary inspection fee and pest control fee shall be issue by PROKAS of Minister of Agriculture, Forestry and Fisheries and Minister of Economic and Finance.

Article 15. -

The  cooperation between organizations dealing with import, export, Transit  of plant quarantine materials in all check points is defined as follows:                        .

1.     The chief of check point, and other involved organization shall cooperate with plant quarantine officer to prevent and conduct phytosanitary treatment.

2.     Phytosanitary inspection shall make at one time with Customs and Camcontrol.

Article 16. -

During operation the plant quarantine officer shall ware the uniform together with badges of Plant Quarantine Authority and accompanied by the mission order issued by MAFF.                                      .

The uniform, badges and stamp of plant quarantine authority will be determined by other Sub-Decree .Ministry of Agriculture Forestry and  Fisheries shall develop the  PRACAS on procedure-of plant quarantine inspection and other regulations for implementing this sub­ decree effectively transparently and with non-discrimination in whole country.

Article  17. -

AII·PRACAS or other regulations that concerned with plant quarantine inspection, shall be published through National Information System.

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Chapter III

DOMESTIC PLANT QUARANTINE

Article  18. -

In the case of finding the Epidemic nest of plant quarantine pest or dangerous pest in any location in the Kingdom of Cambodia, the Ministry' of Agriculture Forestry and Fisheries shall declare as an' epidemic area and shall take measure to control them immediately.        

The exportation, importation or transit of goods shall be prohibited until the new declaration issued by Minister of Agriculture Forestry and Fisheries.

Article  19. -

The bringing of plant quarantine pests or dangerous pest samples from epidemic area for research purpose, shall be permitted by Plant Quarantine Authority.

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Article  20. -

The inspection of import of plant quarantine materials shall be conducted based on the list of plant quarantine and dangerous pests prohibited to entry into the Kingdom of Cambodia.

The list of plant. Quarantine and dangerous pests prohibited to entry into the Kingdom of Cambodia shall be determined by PRACAS issued by Minister of Agriculture Forestry and Fisheries.  Minister of Agriculture, Forestry and Fisheries shall be lawful to alter the  list  of  plant  quarantine and  dangerous pests  prohibited to  entry  into  the Kingdom of Cambodia, if needed. This alteration shall be effected thirty days (30 days) after the publication. However, in an emergency when a very serious epidemic that could cause enormous damage to the agriculture and bio-diversity, such alteration shall take effect within twenty four hours (24 hours) after publication. 

Article  21. -

The owner plant quarantine materials importing into the Kingdom of Cambodia shall respect to 'phytosanitary condition as follows:

1. The materials must be accompanied with a plant quarantine certificate issued by Plant Quarantine Authority of country-exporter mnodel stipulated in International, Plant Protection Convention 1951. 

2. The materials must be 'free 'from plant quarantine pests and other dangerous pests of the Kingdom of Cambodia. In case of materials has damaged by the above pests, the phytosanitary treatment shall be took place prior importing.

Article  22. -

Inspection formalities of imported plant quarantine materials are as follows:

1. Any physical or juridical person who import plant shall  informs to the  plant quarantine check point ten days (10day) before arrival of materials.
2. In arrival-to the first point of border's entry, owner of plant quarantine materials must declare and apply for inspection. The plant quarantine check point shall indicate concretely the proper place for plant quarantine inspection.

The declaration, inspection, and phytosanitary treatment are carried out in compliance with Art.  9, 10 and 14 of this sub-decree. It shall be lawful procedure in case of sending back to exporting country or destroying the plant quarantine materials.

When mean of transport  of  plant quarantine materials  arrives  at Cambodia territorial water, the owner shall declare to the nearest plant quarantine check point for inspection. The mean of transport could ashore only after phytosanitary inspection and getting the permission from Plant Quarantine Authority.

Article  23. -

The plant quarantine authority is empowered to inspect advice and monitor the transportation, stock, distribution and use. of plant quarantine materials since they  are brought into the territory of the Kingdom of Cambodia.  In case of plant quarantine or dangerous pests invade any places, plant quarantine authority shall take adequate and appropriate measure to control and eliminate them immediately.

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Chapter V

PLANT QUARANTINE FOR EXPORT

Article 24. -

The inspection of exporting plant quarantine materials shall be conducted based on conditions prescribed in Commercial Contract, Agreement, .Convention and  other documents concerning phytosanitary conditions of country-importer.

Article 25. -

The conditions for exporting plant quarantine material are as follows:

1.     The  owner  of  exported  plant  quarantine  materials  shall  requests  to Plant Quarantine Authority for inspection and issuing the phytosanitary certificate.

2.     The  Plant  Quarantine  materials  must  be  in  compliance  with  phytosanitary condition of  country-importer. which   prescribed  in  commercial  contract, agreement, convention and other  concerned documents.

Article 26. -

The inspection  formalities  of  exporting  plant  quarantine  materials  shall  be conducted in compliance with condition prescribed in the Article 9 Paragraph 1, Article 10 and Article 14 of this sub-decree.

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Chapter VI

PLANT QUARANTINE FOR TRANSITS

Article 27. -

Plant quarantine materials bringing in transits through territory of the kingdom of Cambodia must be:

• accompanied with a phytosanitary certificate issued by country -exporter,
• pack the  materials in good  package and load in container, which could avoid leakage or spillage the materials while being transported,
• the  mean of transport  must be free from plant quarantine or dangerous pests, which could be spread out along the way of transit.

Article 28. -

Phytosanitary inspection formalities for transit are as follows:

• Owner must  informs to the  nearest plant quarantine check  point before  their materials are reached to point of entry to and exit from,
• Plant Quarantine Authority must inspect the means of transport and observe outer of  mass of  materials, examine the  phytosanitary certificate  issued  by  country exporter and must facilitate the transportation to be continued respectively.

Article  29. -

The Plant Quarantine Authority shall conduct the phytosanitary treatment at point of entry before  permitting the  transportation to  be, continued; in  case  of the  plant quarantine materials are not in compliance with the conditions prescribed in Article 27 of this Sub-Degree.

In case of accident while transporting and the packaging materials are broken that are likely to spread out the plant quarantine materials, the owner shall immediately declare to  the'    nearest  Plant  Quarantine Authority  or  local  Authority. The   Plant Quarantine Authority  shall  immediately conduct  Phytosanltary Treatment,  issue  the phytosanitary certificate for re-export and-allow the transportation to be continued.

Charter VII

AUTHORITY OF PLANT QUARANTINE OFFICER

Article  30. -

The Plant Quarantine officer has authorized as follows:

• Conduct the phytosanitary inspector and treatment on mean of transport and plant quarantine materials in storage, factories, agricultural production area or farms.
• Prepare the record and report on violation for submitting to the court. The owner of the above asset shall permit the plant quarantine officer to inspect their materials and shall cooperate in providing information:

Article  31. -

Local Governor or Authorities shall provide their forces to cooperate with Plant Quarantine Authority, according to their request.

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Chapter VIII

PENALTY PROVISION

Article  32. -

It shall not allow to import, export or transit transport of plant quarantine materials which commits any of the following wrongful acts:

• Fails to 'plant' quarantine 'procedure prescribed in Article 8, excluded point 4 or Article 30 paragraph 1 of'this Sub-Decree,
• Not complied with  the  phytosanitary requirement of  importing country or  not follows the phytosanitary treatment, prescribed in Article 10 of this Sub-Decree
• Not follows the conditions prescribed in Article 21, 26 or 28 of this SUb-decree.

Article  33. -

It shall be fined assisting to Article 62 charter 7 of Law on the Management of Quality and Safety of Products and Services to any person, who:

• Fails to plant quarantine procedure prescribed in Article 8, point 4 of this  Sub­ Decree,
• Violates to Article 13 paragraph2 or Article 18 paragraph 2 or Article 19 or Article 22 paragraph 2 or 3 of this Sub-Decree.

Article  34. -

Any person who repeats the same kind of wrongful act prescribed in Article 18 paragraph 2 or Article 19 or Article 22 paragraph 3 of this  Sub-Decree, shall be fined in double, excluding the criminal fault.

In case of wrongful act were distributed the plant quarantine or dangerous pests, the failed person should paid for the elimination the above problems according to the estimation by.Minister of Agriculture Forestry and Fisheries.                     

Article  35. -

It shall defined assisting to Article 63, charter 7 of Law on the Management of Quality and Safety of Products and Services to any person, who:

a.     Make any condition, that Phytosanitary officer as mentioned in Article 3 of this Sub-decree can not implement their duties.

b.     Denise to show related document or want .to give not true information or to make confuse on transportation plant quarantine material;

c.      organize' by  not  permission of  plant quarantine  material that has temporary confiscate by phytosanitary inspection;

d.     Transport plant quarantine material to escape from plant quarantine check points in purpose avoiding phytosanitary inspection.

Article 36. -

Any  person  who rules out the  fine,  his/her fault  shall be  submitted  to a competent court of law.

The rewarded to encourage the officer and the expenditure for this mission will be defined by PRACAS of Minister of Agriculture Forestry and Fisheries and Minister of Economic and Finance.

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Chapter IX

FINAL PROVISION

Article 37. -

Sub-Decree 98  អនក្រ dated 08 October 1983 on phytosanitary inspection on importing  and  exporting  plant  product and  other  previous  provisions  which  are contradictory to this Sub-Decree shall be repealed.