Plant & Plant Products (Production, Import/Export, Store)

Last Update on 17/09/2020

Produce, Export and/or Import, Store Plants and Plant Products

General Information

In order produce, export and/or import, store plants and plant products in the Republic of Cyprus, one needs to register in the Official Plant Registry according to National Legislation and the EU Directives 2000/29EC, 92/90/EEC and 93/50/EEC, by the Plant Health and Marketing Standards of Agricultural Products Sector, Department of Agriculture of the Ministry of Agriculture, Rural Development and Environment.

The term “plants” applies for fruits, vegetables, tubers, corms, bulbs, rhizomes, cut flowers, branches with foliage, cut trees retaining foliage, leaves, foliage, plant tissue cultures, live pollen, bud-wood, cuttings, scions, any other part of plants which may be specified in accordance with the procedure referred to in Article 18(2) of the EU Directive 2000/29/EC. In parallel, the term “plant products” refers to products of plant origin, unprocessed or having undergone simple preparation.

Any physical person or legal entity may register in the Official Plant Registry.

The “Application for Registration in the Official Registry” can be submitted either through the PSC Cyprus or by contacting directly the competent authority:

Plant Health and Marketing Standards of Agricultural Products Sector
Department of Agriculture
Ministry of Agriculture, Rural Development and Environment
1412 Nicosia
Tel.: +357 22408626/628/629
Fax: +357 22408679
E-mail: inspection@da.moa.gov.cy
Website: http://www.moa.gov.cy/moa/da/da.nsf

  1. The application should be accompanied by a copy of the company’s certificate of incorporation.

    On-site inspections are carried out by authorized officers in order to ensure that all the prerequisites are met.

There are no fees applicable.

 

The applicant is informed regarding the registration decision within three months from the date that the application form and supporting documents were duly submitted; given that the above mentioned criteria are fulfilled and no changes are recommended.

The registration is valid for an unlimited period of time.

Administrative Action Against a Competent Authority’s Decision

Any person may file an Administrative Action at the Administrative court against a decision, act or omission of any competent authority or body.

Pursuant to Article 146 of the Constitution, an Administrative Action may be lodged within 75 days from the date of the decision or act or omission or from the day when such decision or act or omission was notified to the applicant.

The Administrative Court acts as a cassation Court and not as a substantive Court. In other words, the Administrative Court may:
I. Dismiss the Administrative Action
II. Annul wholly or partially the contested decision or act
III. Compel the relevant authority or body to take a certain action

After a decision is annulled, the authority and/or public body must reverse things back to the state prior to when the concerned decision and/or act was executed and reexamine.

Appeal Information

An Appeal may be filed against the Administrative Court’s first-instance decision within a period of 42 days from the date such decision was given.

At the Supreme Court (Court of Appeal Section) hearing, the contested issue of the appeal remains the legality of the decision or act already adjudicated for. However, such revision of the legality of the decision or act is solely examined on the matters and the extent that the two parties have limited the reasons in the relevant notice of appeal.

The decision adopted by the Supreme Court is considered final in relation to the matter that has been judged.

Registered producers/exporters/ importers of plants and plant products are obliged to comply with the provisions of Protective Measures Against the Introduction of Organisms Harmful to Plants and Plant Products and Against their Spread (Introduction into and Movement within the Republic of Cyprus or Certain Protected Zones thereof for Trial, Scientific Purposes and for Work of Varietal Selections) Regulations of 2003 and 2005, and the Directives 93/50/EC and 92/105/EC, as periodically amended, and specifically among others to:

  • maintain an updated plan of the premises on which plants, plant products or other objects are grown, produces, stored, kept or used by the producer or collective warehouses or dispatching centre;
  • keep records of plants and plant products purchased for storage or planting on the premises, under production, or dispatched to others, and to keep related documents for at least one year;
  • be available personally or to designate another person technically experienced in plant production and related plant health matters and to liaise with the competent authority;
  • carry out visual observations as necessary and at appropriate times, and in a manner laid down in guideline instructions given by the competent authority;
  • ensure access for persons entitled to act for the competent authority, in particular for inspection and/or sampling, and to relevant records or other related documents and to otherwise cooperate with the competent authority;
  • notify the presence of any harmful organisms;
  • inform the competent authority on any changes regarding the application data;
  • Inform the Authority in the case of termination of services.

Additionally, the Director of the Department of Agriculture has the right to examine, after a report by authorized agriculture officers, if someone contravenes or fails to comply with the provisions of the relevant law and set out penalties according to the nature of the offence committed.

In case non-conformities are observed, during the above mentioned inspections, the competent authority notifies the service provider and a deadline of fifteen days is given to him/her in order to state his/her views in writing about the issue. Any decision of the competent authority for the cancellation of the approval of the license is made after the applicant’s submission of his/her views.