What is subjected to the Phytosanitary Inspection
Phytosanitary Administration is directly responsible for the enforcement of regulations and administrative and related professional and inspection jobs as well as for coordination and contacts with respect to matters relating to phytosanitary issues.
The border phytosanitary inspection performs phytosanitary control of the shipments of plants, plant products, plant protection and plant nutrition products (hereinafter shipment) and facilities under control while being transported over the Montenegrin border, they issue health certificate (phyto-certificate) and undertake phytosanitary measures.
Plants, plant products and items under control which may be carriers of harmful organisms may be differentiated into different lists, in accordance with the Law on Plant Health Protection and the Rulebook on Phytosanitary Measures for Prevention of the Introduction, Spread and Suppression of Harmful Organisms and Lists Harmful Organisms of Plants, Plant Products and Facilities under the Supervision (Official Gazette of MNE no. 39/11). A shipment of plants from the V.B list, which is imported, their packaging, as well as the means of transportation, are subject to customs control and mandatory phytosanitary examinations.
Laws and Regulations
|The legal framework for phytosanitary policy in Montenegro is comprised of the Law on Plant Health Protection, Law on Plant Protection Products, Law on Agricultural Plant Seeds Material, Law on Planting Material, Law on Plant Varieties Protection, Law on Plant Nutrition Products, Law on Food Safety and Law on Genetically Modified Organisms along with the relevant by-laws.
The Phytosanitary Administration is competent for direct implementation of the regulations and administrative and related professional and inspection works, and also for coordination and contacts in relation to phytosanitary issues.
Where is the Phytosanitary Inspection Conducted
|Shipments are imported only through certain border crossing points, where there is a customs and phytosanitary inspection. In exceptional cases, deliveries which are not plants, which have wood material for packaging may also be imported through border crossing points where there is only a customs control.
The border crossing points must fulfill the prescribed technical conditions for performing phytosanitary inspection of the shipments.
Shipments subject to phytosanitary control must be subject to control at the border crossing point of entry by a phytosanitary inspector.
Importers and their authorized representatives must file a certificate for the phytosanitary control of the plants to the border phytosanitary inspector, mandatory for those plants subject to phytosanitary control. The application is submitted in written form, containing all documents accompanying the shipment. The importer or authorized representative must announce the shipment to the phytosanitary inspector, at least 24 hours prior to arrival at the border crossing point. The shipment of plants subject to phytosanitary inspection shall remain in customs custody until the phytosanitary inspector confirms that phytosanitary inspection has been completed.
Phytosanitary inspection in case of import of shipments at the border inspection area means inspection of the documents; identity and physical inspection.
The phytosanitary inspector inspects whether the following accompanies the shipment:
- Original phytocertificate i.e. health certificate for shipment (if prescribed);
- Approval from the Phytosanitary Administration (if prescribed);
- Bill of lading;
- Invoice, delivery note; and
- Other documents accompanying shipment, if prescribed.
In case of incomplete documents or omissions, the importer shall be obliged to provide the missing documents, and the shipment shall be detained until completion of the documents.
If the documents are complete, and if they fulfill the set conditions, the phytosanitary inspector shall continue performing the inspection of the identity and physical inspection.
The phytosanitary inspector shall conduct an inspection of the identity and physical condition of the shipment on the spot, at the border crossing point, if there are conditions established or it shall be conducted in the customs warehouse.
The shipment shall be opened in the presence of the phytosanitary inspector, who shall start with the inspection of the identity (origin, packaging) by comparing the data stated in the phyto-certificate, in context of type of goods, packaging and all labels and weight of the goods. The inspection shall be performed on several samples from the whole shipment, so that it may be confirmed that all conditions are fulfilled and that the shipment is in good condition.
The physical inspection, i.e. the inspection of the health condition shall encompass the following:
- Visual inspection for presence of any harmful organisms;
- Simple laboratory analyses; and
- Inspection of the means of transport.
The laboratory inspections shall be conducted in accordance with the risk analysis, previous experience, i.e. knowledge for entry of harmful organisms, when there are justified reasons of doubt, regardless whether it can be exactly determined based on the accompanying documents or performed physical inspections. Laboratory examinations shall be conducted in authorized laboratories.
In case the shipment of plants or packaging have been contaminated with harmful organism from lists I and II of the Rulebook on Phytosanitary Measures for Prevention of the Introduction, Spread and Suppression of Harmful Organisms and Lists Harmful Organisms of Plants, Plant Products and Facilities under the Supervision, phytosanitary inspector shall ban import. In case that the shipment of plants have been contaminated with certain economically harmful organisms above a certain percent the phytosanitary inspector shall order one of prescribed phytosanitary measures. If, by health examination it is determined that the shipment is not contaminated with harmful organisms, the phytosanitary inspector, by putting a stamp on the customs declaration or other document accompanying the shipment, will confirm that import is allowed.
The health examination of the shipment at export and re-export covers the inspection of the means of transportation, packaging and plants. If during the health inspection of the shipment is determined that it has not been contaminated with a harmful organism, due to which it is prohibited to be entered in the importing economy or in the transit economy, and the phytosanitary inspector shall issue a phyto-certificate.
In relation to shipments intended for export and re-export, a phyto-certificate is issued, and the shipment must cross the Montenegrin border within a period of 14 days. If the health inspection shows that the shipment or part of it has been contaminated with a harmful organism, thus prohibiting the same to be entered in the importing and transit economy or in case the means of transportation and packaging do not fulfill the export conditions, the phytosanitary inspector shall not issue a phyto-certificate for export of such goods.
Please see section Export.
Mandatory health examination at the border crossing for shipment of plants, transported over the territory of Montenegro, if are stored, shared, merged with other consignments or have not been packaged properly and those reloaded on other means of transport. When a shipment in transit arrives at the border crossing point, the phytosanitary inspector conducts only inspection of the documents. If reloading is done, and the documents are according to the prescribed conditions and the rest of the regulations, the phytosanitary inspector shall approve transport under customs control to the place where reloading and health inspection of the plants shall be conducted.
Reloading cannot begin without the presence of a phytosanitary inspector.
Supporting documents, Forms
|Law on Plant Health Protection
Law on Plant Protection Products
Law on Agricultural Plant Seeds Material
Law on Planting Material
Law on Plant Nutrition Products
Border crossing points where phytosanitary inspection is performed
Bratstva i jedinstva bb
Tel.: +382 20 621 111