Fytosanitaire Overeenkomst tussen de Regering van het Koninkrijk der Nederlanden en de Regering van de Volksrepubliek Polen
The Government of the Kingdom of the Netherlands, and the Government of the Polish People's Republic,
Realizing that it is desirable to prevent organisms harmful to plants and plant products being brought into their territories, and
Desiring to facilitate wherever possible cooperation between them in the field of plant protection,
“plants” shall mean living plants and living parts thereof, including seed for sowing;
“plant products” shall mean products of plant origin which have not been processed or have only been subjected to simple treatment;
“harmful organisms” shall mean organisms which are injurious to plants or plant products and which are of an animal or plant nature, including weeds and their seeds.
The importation into the territory of the one Contracting Party of plants, plant products and soil, originating from the territory of the other Contracting Party, is permitted only if the items are free from the harmful organisms indicated in Annex I, Part A and Part B respectively and if they comply with the special requirements referred to in Part A and Part B respectively of Annex II.
Every consignment consisting of plants, plant products or soil, as indicated in Part A and Part B respectively of Annex III, and originating from the territory of the other Contracting Party shall, on importation, be accompanied by a health certificate issued by the Plant Protection Service of that Contracting Party, corresponding to the latest model of phytosanitary certificate, as set out in the International Plant Protection Convention, concluded in Rome on 6th December 1951, under the auspices of the Food and Agriculture Organisation of the United Nations.
A health certificate shall not be issued earlier than fourteen days before the date on which the consignment leaves the country of the Contracting Party.
The certificate shall be in English or German and shall not contain any alterations or deletions.
If the consignment consists of soil the text of the certificate shall be adapted accordingly.
The Contracting Parties prohibit the import of plants and plant products and other objects including soil which may be the carriers of harmful organisms, as indicated in Annex IV, Parts A and B respectively.
The Plant Protection Service of the Contracting Party may subject the plants and plant products imported from the country of the other Contracting Party to phytosanitary examination as determined by the appropriate authorities and decide on any necessary quarantine treatment. If it is established that plants or plant products have been affected by harmful organisms, the other Contracting Party shall be notified immediately of this.
Each Contracting Party is entitled to direct that the transit through its territory, of plants, plant products and soil, exported from the country of the other Contracting Party, or intended for that country, shall be permitted only if the consignment is accompanied by a health certificate and complies with the phytosanitary regulations applicable in the country of transit.
to facilitate cooperation in the field of research into harmful organisms and the methods of their control, and to facilitate the exchange of information on the results obtained;
to promote the exchange of specialists in order that they may become acquainted with methods applied in plant protection and in the quarantine of plants;
to supply each other with the texts of the phytosanitary regulations in force.
The costs of travelling and accommodation incurred under the terms of Article 8, shall be borne by each Contracting Party in respect of its own specialists.
If one of the Contracting Parties considers it desirable to amend any provision of this Agreement, it may request consultation with the other Contracting Party.
Such consultation, which may be carried out either verbal or in writing, shall take place within a period of two months to be reckoned from the day when the request has been made. The amendments thus agreed upon, shall be effective on the first day of the second month following the date on which the Contracting Parties have informed each other in writing that the amendments have been approved in their respective countries in conformity with the constitutional requirements.
The competent authorities of the two Contracting Parties may each amend the Parts of Annexes I, II, III and IV which relate to their own country.
Such amendments shall be communicated to the competent authorities of the other Contracting Party through diplomatic channels. Each Contracting Party shall endeavour to notify the other Contracting Party of the amendments before these become effective.
The appropriate authorities of the Contracting Parties shall have direct contact with each other for the purpose of implementing the provisions of this Agreement.
This Agreement shall not infringe the rights and obligations the Contracting Parties have acquired or have accepted, or will still acquire or accept by reason of other international agreements.
As regards the Kingdom of the Netherlands the present Agreement shall apply to the Kingdom in Europe.
This Agreement shall enter into force on the first day of the second month following the date on which the Contracting Parties have notified each other in writing that the formalities constitutionally required in their respective countries have been complied with.
This Agreement shall remain in force initially for five years. After the expiry of its term of operation, it shall be renewed tacitly for one year on each occasion provided neither Contracting Party has denounced it six months before the expiry date of the initial term or of a subsequent annual term.
IN WITNESS WHEREOF the undersigned, having been duly authorised to this effect, have signed this Agreement.
DONE in Warsaw on May 31st 1978 in two original copies in the English language each of which shall be of equal authenticity.
For the Government of the Kingdom of the Netherlands
(sd. ) VAN DER STEE
A. P. J. M. M. van der Stee
(sd. ) KORTHALS ALTES
E. J. Korthals Altes
For the Government of the Polish People's Republic
(sd. ) K?ONICA