Concerning the land
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Article 5In circumstances of heightened risk resulting from the spread and proliferation of a given parasite, the plant protection inspector, or the commune agronomist, issues a special order obligating the entity to implement special measures. Should the entity fail to implement the order, the plant protection authority implements the measures on his own at the entity’s expense. Article 6If in the process of cultivation, a certain variety or cultivar becomes a source of infection the spread of which cannot be contained, the owners are obligated to restrain the spread of the variety or replace it entirely with healthier varieties and cultivars. Article 7In cases of massive infections and spread of a parasite the fight against which requires the mobilization of a considerable arsenal of technique and personnel, the minister may mobilize the means and technique as well as workforce from the land proprietors in exchange of remuneration. Article 8For special parasites defined by the minister, the government may supply the pesticides to the owners who are in trouble with the parasite. The government may cover other expenses as may become necessary for the operation to be successful. Article 9Seeds, saplings, twigs and any planting stock may be used for purposes of sowing, vegetation enhancement or transplanting, provided that the phyto sanitary control proves that they are clean from quarantine parasites or specially threatening parasites. If the planting stock proves infected with parasites above indicated levels, measures are taken to ensure it rehabilitation. Rehabilitation expenses are borne by the proprietor of the planting stock. The Government will only cover the costs in special circumstances. CHAPTER IIIPLANT QUARANTINEArticle 10Importation, exportation and transiting in the territory of the Republic of Albania of plants and plant products are subject to the requirements of this law and the phyto sanitary agreements concluded with countries and international organizations. The taking of such items across borders is lawful only at crossing points of quarantine control designated by the minister in conjunction with the Ministry of Public Order, the Ministry of Transports and Telecommunications and the Ministry of Trade and Foreign Economic cooperation. Article 11This law prohibits the importation, acceptance or exportation of plants and plant products without the phyto sanitary certificate. The plants and plant products should be presented in such manner as may be required to enable the carrying out of inspection. Article 12Imported plants and plant products when proven infected with quarantine parasites are barred at the crossing point by the inspector who may turn them back, may direct owners to rehabilitate these products whenever feasible, or may order their elimination at specially designated sites. Costs of rehabilitation or elimination are borne by the proprietor. Article 13Subjects engaging in the cultivation, production and storage of plants and plant products, when noticing or suspecting the appearance of a parasite never before seen in the zone, or when suspecting a massive spread of any parasite, are obligated to notify immediately the plant protection authorities and to supply a sample of the parasite. Article 14This law prohibits the growing, promulgation, cultivation or production of plants infected with quarantine parasites. In circumstances when the inspector evaluates that the plants or plant products are infected or risk infection with a quarantine parasite, he/she is empowered to ban their circulation or transportation for as long as may be necessary. Article 15When a certain zone proves infected by a quarantine parasite that may spread further, the inspector announces in writing that the zone and bordering areas are infected and will be considered infected until such time as the minister issues an announcement to the contrary. Copies of the announcement are submitted to the proprietor or leaser and to the minister. When there is risk of infection spreading to another zone, the inspector announces in writing that this other zone is infected, too.
Article 16When following announcement, the inspector decides that immediate action is necessary to fight the quarantine parasite, he may restrict or ban, but not for longer than 90 days, the movement of persons, plants or plant products in and out the infected zone. Once the causes dictating the restriction or ban are eliminated, the inspector lifts the restriction or ban. Article 17By special decree the Minister may:
Article 18The order by the minister or inspector for restriction or ban in accordance with article 16 invalidates orders by the local government authority that may come into conflict with the minister’s or inspector’s order. Article 19The inspector may bar plants or plant products that do not comply with the requirements of this law. Immediately following the barring of plants or plant products, the inspector notifies in writing the proprietor or user of the duration of and reason for barring. |