Guidelines on Measures for the Export of Plants, Plant Products, and Controlled Items Not Meeting EU Import Conditions
关于对不符合欧盟进口条件的植物、植物产品及须管制物品出口处理措施的指导意见
ຄຳແນະນຳ ກ່ຽວກັບ ມາດຕະການປະຕິບັດ ສຳລັບ ການສົ່ງອອກ ພືດ, ຜະລິດຕະພັນພືດ ແລະ ວັດຖຸຕ້ອງຄວບຄຸມ ທີ່ບໍ່ຖືກຕ້ອງກັບເງື່ອນໄຂນຳເຂົ້າ ຂອງ ສະຫະພາບເອີຣົບ
Summary
The Ministry of Agriculture and Forestry of Laos issued guidelines stipulating principles, conditions, and procedures for phytosanitary treatment of plants, plant products, and regulated articles exported to the EU but not meeting EU import conditions, as well as graded measures and implementation methods for education, fines, civil, criminal, and additional penalties for violators.
Articles
Article 1
Lao People's Democratic Republic. Peace Independence Democracy Unity Prosperity. Ministry of Agriculture and Forestry. Vientiane Capital, ... Day ... Month ... Year ... Guidance. On Measures for Handling the Export of Plants, Plant Products, and Regulated Articles That Do Not Meet EU Import Conditions. Pursuant to the Law on Plant Protection and Plant Quarantine (Amended), No. 13/NA, dated November 15, 2016; Pursuant to the Prime Minister's Decree on the Organization and Activities of the Ministry of Agriculture and Forestry, No. 603/PM, dated October 15, 2021; Pursuant to the Submission Letter of the Department of Agriculture, No. 1617/DA, dated August 16, 2022; Pursuant to the Study and Submission of the Office of the Ministry of Agriculture and Forestry, No. 3679/Office, dated September 20, 2022. Over the past period, local administrative authorities at all levels, particularly the agriculture and forestry sectors and plant quarantine stations, have been primarily responsible for implementing the Law on Plant Protection and Plant Quarantine and other regulations related to the export of plants, plant products, and regulated articles, achieving good results; especially in the implementation of plant quarantine measures for export, re-export, and transit, which has continuously improved the management, promotion, and facilitation of trade in plants, plant products, and regulated articles in Laos. However, at the same time, certain issues remain where laws and regulations have not been detailed, particularly regarding the handling of situations where exports do not meet the conditions of the importing country—such situations have occurred in the past and carry a risk of recurrence in the future. To ensure that the implementation of the above measures complies with technical standards and Lao laws and regulations, the Minister of Agriculture and Forestry issues this guidance:
Article 2
This guideline stipulates the principles, procedures, and measures for handling the export of plants, plant products, and regulated articles that do not meet EU import conditions, to ensure uniform implementation nationwide, compliance with Lao laws and regulations, and alignment with regional and international standards.
Article 3
Measures for handling the export of plants, plant products, and regulated articles that do not meet EU conditions refer to phytosanitary measures implemented when the National Plant Protection Organization (NPPO) of an EU member state formally issues an alert regarding non-conformities in the phytosanitary certificate. Such non-conformities include: failure to meet the importing country's phytosanitary requirements, detection of regulated pests, incomplete import documents not complying with regulations (no phytosanitary certificate, altered certificate information, quantity, weight, or actual details not declared in the phytosanitary certificate, or forged phytosanitary certificate), prohibited goods, admixture of prohibited items in the consignment, and evidence that fumigation chemicals do not comply with technical specifications and legal regulations. This measure is significant for Laos and its operators, as well as for trading partner countries, in implementing phytosanitary measures, protecting agricultural production, and facilitating trade; it is based on Lao law and EU import regulations, aiming to maintain plant health, protect the environment, promote commodity production in a clean, green, and sustainable direction, align with regional and international standards, and contribute to the country's socio-economic development.
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