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进境动植物检疫审批管理办法 Measures on The Administration of Examination and Approval of the Quarantine of Entry

2009-03-24 法律英语 来源:互联网 作者:
ination institution shall submit all the documents to the State Administration of Quality Supervision, Inspection and Quarantine for examination.

  Where an application is preliminarily found to be disqualified upon examination, the application documents shall be returned to the applicant entity.

  Article 9 The same applicant entity may, with regard to the same variety, the same exporting country or region, or the same processing or using entity, apply for the “Quarantine Permit” for only once.

  Article 10 The State Administration of Quality Supervision, Inspection and Quarantine or the preliminary examination institution may, when considering it necessary, organize the relevant experts to carry out risk analysis on the products under application for entry, and the applicant entity shall be obliged to provide the relevant documents and samples for inspection.

  Article 11 The State Administration of Quality Supervision, Inspection and Quarantine shall, pursuant to the examination, issue the “Quarantine Permit” or the “Notice on Not Approving the Application for Quarantine Permit” within 30 working days as of receipt of the documents for preliminary examination submitted by the preliminary examination institution.

  With respect to the genetically modified agricultural organisms that transit the territory of the People's Republic of China, the State Administration of Quality Supervision, Inspection and Quarantine shall make a decision on whether approving or not approving the application within the specified time limit, and notify the applicant entity.

  Chapter IV Administration and Use of Documents of Permit

  Article 12 The “Application Form for Quarantine Permit”, the “Quarantine Permit” and the “Circular on Not Approving the Application for Quarantine Permit” shall be uniformly printed, produced and distributed by the State Administration of Quality Supervision, Inspection and Quarantine.

  The “Quarantine Permits” shall be uniformly numbered by the State Administration of Quality Supervision, Inspection and Quarantine.

  Article 13

A “Quarantine Permit” shall be valid for a term of 3 months or be valid for once. The “Quarantine Permit” shall not be used with two or more different calendar years being covered, unless it is issued for living animals.

  Article 14 Where, with respect to the animal and plant products entering the country which may be cancelled upon verification according to relevant provisions, the “Quarantine Permit” are used within the scope of permitted quantity for import by installments and for inspection report for more than one time, the institution of inspection and quarantine at the port of entry shall conduct the registration of cancellation upon verification in the form on cancellation upon verification of quarantined objects entering the country, which is attached to the “Quarantine Permit”。

  Article 15 In case of any of the following circumstances, the applicant entity shall apply again for obtaining a “Quarantine Permit”:

  (1) the variety of the quarantined objects entering the country is changed or the permitted quantity is exceeded by 5% or more;

  (2) the exporting country or region is changed;

  (3) the port of entry, the designated place or the transport route is changed.

  Article 16 In case of any of the following circumstances, the “Quarantine Permit” shall be invalidated, abrogated or terminated for use:

  (1) it shall be automatically invalidated if the validity period has expired;

  (2) if, within the permitted scope, the animals or their products are imported by installments and reported for inspection for more than one time, and all the permitted quantity have been cancelled upon verification, the “Quarantine Permit” shall be automatically invalidated;

  (3) after the state has promulgated the announcement or ban on prohibiting the relevant objects to be quarantined from entering the country in accordance with the law, the issued “Quarantine Permit” shall be automatically abrogated;

  (4) if the applicant entity violates the relevant provisions on the quarantine approval, the State Administration of Quality Supervision, Inspection and Quarantine may terminate the use of the issued “Quarantine Permit”。

  Article 17 The applicant entity shall not sell or transfer the permit after obtaining it. The port institution of inspection and quarantine must, when accepting the report for quarantine, examine whether the applicant entity for the permit consists with the consignee on the inspection and quarantine certificate and the contracting party of the trade contract, and shall not accept the report for quarantine in case of inconsistency.

  Chapter V Supplementary Provisions

  Article 18 Where an applicant entity violates the present Measures, it shall be punished by the institution of inspection and quarantine in accordance with the relevant laws and regulations.

  Article 19 Any institution of inspection and quarantine and its functionaries must, when examining and approving the quarantine of entry animals and plants, comply with the principles of openness, justness and transparency, execute administrative powers in accordance with the law, be devoted to their duties, and consciously accept the public supervision.

  Where any functionary in an institution of inspection and quarantine violates the laws, regulations or the present Measures by abusing his power, committing malpractice for personal gain, or deliberately making things difficult for others, he shall be investigated and punished by the entity where he works or the institution at a higher level in accordance with the relevant provisions.

  Article 20 The responsibility to interpret the present Measures shall remain with the State Administration of Quality Supervision, Inspection and Quarantine.

  Article 21 The present Measures shall enter into force on September 1, 2002

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