Operation of a Unit for Wood Treatment (Wood Packing Material)
In order to establish and operate a wood treatment unit in the Republic of Cyprus, one needs to obtain a license 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 “treatment” means the official procedure to reduce the risk of introduction and /or spread of quarantine pests associated with wood and wood packaging material (including dunnage), made of coniferous and non-coniferous raw wood (ISPM 15, 2006).
Who is Eligible
Any physical person or legal entity may establish and operate a wood treatment unit in the Republic of Cyprus.
Where to Apply
The application for approval of establishment and operation of unit for wood treatment can be submitted either through the PSC Cyprus or you 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
Tel.: +357 22408626, +357 22408628, +357 22408629
Fax: +357 22408679
Which Certificates must be Submitted
The application should be accompanied by the following documents:
- copy of the certificate of incorporation/registration (in case of a legal person);
- copy of cadastral plan of the facilities;
- copy of production and commercial activity of the business;
- copy of the facilities mechanical plans;
- copy for each treatment facility of a complete description of each treatment to which it requires approval for marking and all the experimental data as well as the type of instrumentation and process followed in setting bodies established by a certificate of the competent accreditation body;
- copy of stacking during the course of treatment;
- copy of critical parameters of treatment and the control procedures;
- copy of the conditions, quantity details and treatment period;
- copy of emergency and corrective actions that should be taken in case of failure or problems that might arise in process treatment;
- copy of sample-taking procedures and sample-transferring of wooden packaging and/or wood samples in order to be tested in an official laboratory;
- copy of the mark to be used;
- copy of any other information, data and clarifications or comments related to the application;
- copy of payment of the application fee. The application fee is €170, 86 and is paid at the cash desk of the Department of Agriculture by cash or by cheque issued to the “Director of Agriculture Department”.
On site inspections are carried out by authorized officers in order to ensure that all the prerequisites, mentioned under “eligibility criteria” section, are met.
Fees Applicable & How to Pay
Upon approval, the applicant needs to pay the registration fee €170, 86, payable at the cash desk of the Department of Agriculture by cash or by cheque issued to the “Director of Agriculture Department”.
The renewal fee is €85,43 and is paid at the cash desk of the Department of Agriculture by cash or by cheque issued to the “Director of Agriculture Department”.
The applicant is informed regarding the authorization decision within 3 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.
Licence Validity Period
The license for the establishment and operation of a unit for wood treatment is valid for 1 year from the date of issue.The renewal fee is €85,43.
Dispute with the Competent Authority's Decision
How to File an Administrative Action
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.
How to Appeal
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.
Legislation & Obligations
Which Laws and Regulations Apply
- The Protective Measures against Introduction and Spread of Organisms Harmful to Plants and Plant Products Law of 2003 (L.147(I)/2003)
- The Protective Measures against Introduction and Spread of Organisms Harmful to Plants and Plant Products Regulations
What are my Obligations
Licensed persons operating a wood treatment and packaging unit are obliged to comply with the provisions of The Protective Measures against Introduction and Spread of Organisms Harmful to Plants and Plant Products Laws and Regulations, as periodically amended, and specifically among others to follow the rules provided below:
- have a person technically experienced in these matters and act as a liaison officer between the competent authority;
- keep records at least one year on the wood used and treated and wood packaging material produced and treated;
- have the necessary infrastructure, people, equipment to carry out the required treatment;
- carry out the necessary checks according to instructions provided by the competent authority;
- take samples of treated wood and send to an official laboratory according to an annual program;
- 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;
- follow instructions provided by the competent authority;
- inform the competent authority on any changes regarding the application data;
- inform the competent authority in 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 cases where there is a risk of possible spread or there is a real spread of pests the competent authority can suspend the license. Additionally, if the authorized inspections indicate that the facility no longer meets the regulations or denies systematically to comply with the conditions or the relevant law, then, the competent authority can either cancel the approval or deletes the establishment from the registrar.
If during these inspections, violations are observed, the authority notifies the applicant 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 submission of the applicant’s views.