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    Serbia's Position Paper on Chapter 11AGRICULTURE

    The acquis agreementSerbia accepts the acquis agreement regarding Chapter 11 Agriculture and Rural

    Development, which has entered into force on 01.01 2009. Serbia has unilaterally assumed 1

    July 2013 as date for temporary closure with the European Union.

    By the Government Conclusion 05 number: 011-8137/2007-10 of 9 October 2008, the National

    Programme for Integration of the Republic of Serbia into the European Union (NPI) was

    adopted; this document presents the legislative and administrative measures which shall be taken

    to ensure that, before end of 2012, the country is ready to take on most of the obligations of EU

    membership. It also provides that, before end of 2009, the Government is to be submitted

    proposals of amendments to the National Programme that are aimed at its harmonisation with

    new EU regulations and the European Commissions proposals for further reforms. After they

    duly changed this document in the period between mid-September and the beginning of

    November 2009, the subgroups of the Coordination Body for the EU Accession Process Expert

    Group submitted their inputs to the Office for EU Integration, which integrated them, and in

    order to make the content of the draft amended NPI publicly available, published it on SEIOs

    website, pending its adoption by the Government in December 2009.

    The European Council granted Serbia the status of candidate country on 1 March 2012, on the

    basis of the Commission Opinion on Serbias membership application adopted on 12 October

    2011. The Council concluded on 5 December 2011 that the opening of accession negotiations

    will be considered by the European Council, in line with established practice, once the

    Commission has assessed that Serbia has achieved the necessary degree of compliance with the

    membership criteria, in particular the key priority of taking steps towards a visible and

    sustainable improvement of relations with Kosovo, in line with the conditions of the Stabilisationand Association Process.

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    1.3.Relations between the EU and Serbia

    Serbia is participating in the Stabilisation and Association Process. The Stabilisation

    and Association Agreement was signed, along with the Interim Agreement on trade and trade-

    related matters, in April 2008. It provides a framework of mutual commitments on a wide range

    of political, trade and economic issues. The Interim Agreement entered into force on 1 February

    2010. At the 14 June 2010 Foreign Affairs Council, Ministers agreed to submit the Stabilisation

    and Association Agreement to their parliaments for ratification. The process is close to

    completion, with ratification still pending in only one Member State.

    Serbia has built a positive track record in implementing the obligations of the Stabilisation and

    Association Agreement and the Interim Agreement on trade and trade-related matters. An

    interim committee and a number of sub-committees meet annually, to discuss topics including

    the internal market, competition, transit traffic, trade, customs, taxation, agriculture and fisheries.

    In general terms, Serbia is meeting its SAA/IA commitments in these areas and cooperation is

    progressing well.

    In January 2012, the Serbian government adopted a revised and updated version of the National

    Programme for the Integration of Serbia in the European Union for the period 20082012, taking

    account of the Commissions Opinion.

    Political dialogue - meetings at ministerial level have been held since 2003. Policy dialogue

    between the European Commission and the Serbian authorities has been taking place as part of

    Enhanced Permanent Dialogue (EPD) since 2003. Inter-parliamentary meetings between

    members of the European Parliament and of the Serbian parliament have been held annually

    since 2006. The aim of this dialogue is to prepare Serbia for participation in multilateral

    surveillance and economic policy coordination under the EUs Economic and Monetary Union.

    In this context, was invited for the first time to the Council meeting on pre-accession fiscal

    surveillancein May 2012.

    Visa liberalisation - for citizens of Serbia travelling to the Schengen area has been in force

    since December 2009. The Commission set up a post-visa-liberalisation monitoring mechanism

    to assess whether the implementation of reforms introduced by the country was consistent with

    the visa roadmap and sustainable. A readmission agreement between the European Union and

    Serbia has been in force since January 2008.

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    Financial assistance - is provided through the Instrument for Pre-Accession Assistance

    (IPA).IPA assistance is currently managed centrally by the EU Delegation in Belgrade. Serbia is

    preparing for decentralised management of IPA funds. The Multiannual Indicative Planning

    Document for the period 20112013 adopts a sector-based approach focusing assistance on the

    following seven sectors: justice and home affairs; public administration reform; social

    development; private sector development; transport; the environment, climate change and

    energy; and agriculture and rural development.

    Overall, between 2001 and 2012, the EU committed over 2.2 billion to Serbia in the form of

    grants and 5.8 billion in the form of soft loans. For the period 2007-2012, the Commission has

    earmarked 1,176 million for IPA projects to be implemented in the country.

    Civil society in Serbia has received extensive financial support from the EU under the IPA Civil

    Society Facility and national programmes, as well as through the European Instrument for

    Democracy and Human Rights. Aid objectives include involving civil society more widely in

    decision-making and increasing the capacity of independent civil society organisations.

    Support for civil society under 2011 programmes stands at over 4.2 million.

    POLITICAL CRITERIA

    Require stability of institutions guaranteeing democracy, the rule of law, human rights and

    respect for and protection of minorities. It also monitors regional cooperation, good neighbourly

    relations with enlargement countries and Member States and compliance with international

    obligations, such as cooperation with the International Criminal Tribunal for the former

    Yugoslavia (ICTY).

    Democracy and the rule of law

    Constitution

    The Constitution is largely in line with European standards. However, some provisions still

    need to fully reflect the recommendations of the Venice Commission in its Opinion of March

    2007, in particular those allowing control by political parties over parliamentary mandates and

    those providing for an excessive parliamentary role in appointments and dismissals, particularly

    in the judicial system.

    Parliament

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    In the 2011 autumn session, several laws arising from the National Plan for Integration into the

    EU were adopted. Parliamentary activities slowed down in the run-up to and during the electoral

    campaign. The parliament developed its use of public hearings, including one on its role in the

    EU integration process in January 2012 and another on access to IPA funds in March 2012.

    AGRICULTURE AND RURAL DEVELOPMENT

    11.1. Agriculture

    11.1.1. Current status

    15 important laws were adopted and many of them implemented in 2009, and those referring to

    Agriculture (according to Chapter 11) are: the Law on Agriculture and Rural Development

    (Official Gazette RS, No. 41/09), Law on Livestock Farming (Official Gazette RS, No. 41/09),

    Law on Wine (Official Gazette RS, No. 41/09), Law on Fruit Spirit Rakija and Other Spirit

    Drinks (Official Gazette RS, No. 41/09), Law on Ethyl Alcohol (Official Gazette RS, No. 41/09)

    Law on Agricultural Land (Official Gazette RS, No. 62/06, 41/09), Law on Public Storage

    Facilities for Agricultural Products (Official Gazette RS, No. 41/09), Rulebook on Raw Milk

    Quality (Official Gazette RS, No. 21/09), etc.

    In the field of Agrarian Policy, the Agrarian Operative Sector is in charge of payments, i.e.

    implementation of agrarian policy measures.The General Inspectorate of Agriculture, Forestry and Water Management is in charge of

    inspection surveillance, based on the following legal framework:

    Law on Food Safety (Official Gazette RS, No. 41/09); Law on Wine (Official Gazette RS, No. 41/09); Law on Fruit Spirit "Rakija" and Other Spirit Drinks (Official Gazette RS, No.

    41/09),(EC Regulation No. 110/08)

    Law on Ethyl Alcohol, (Official Gazette RS, No. 41/09), (EC Regulation No. 670/2003,2336/2003)

    Law on Agricultural Land (Official Gazette RS, No. 49/92, 53/93,67/93, 48/94, 46/95,54/96 and 14/00);

    Law on Livestock Farming (Official Gazette RS, No. 41/09); Law on Tobacco (Official Gazette RS, No. 101/05, 90/07);

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    Law on Organic Production and Organic Products (Official Gazette RS, No. 62/06); Law on Technical Requirements for Products and Assessment of Product Alignment

    with the Statutory Requirements (Official Gazette SMN, No. 44/05);

    Other bylawsRulebooks in force lay down in details conditions regarding quality and other

    requirements that should be met in the production, processing and marketing process of

    agricultural foodstuffs. Alignment of certain rulebooks with EU rules is at various levels

    11.1.1.2. Institutional Framework

    The Ministry of Agriculture, Forestry and Water Management (MAFWM) of the Republic of

    Serbia is the competent institution for creating and defining agricultural policy. The internal

    organisational structure of the Ministry consists of: Sector for Analysis and Agrarian Policy ;

    Rural Development Sector; Agrarian Operative and Financial Management Sector; General

    Inspectorate for Agriculture, Forestry and WaterManagement; Sector for Legal, General and

    Normative Affairs, as well as Directorates within the Ministry: Veterinary Directorate, Plant

    Protection Directorate, ForestryDirectorate, Agrarian Payments Directorate, Agricultural Land

    Directorate, National Reference Laboratory Directorate and Republic Water Management

    Directorate.

    The Agrarian Payments Directorate was officially opened on 19 October 2009 and its HeadOffice is located in abac. The main reason for establishment of this institution was to deal with

    all payments in agriculture and meet the requirements for the use of financial resources from EU

    funds. As of 1 January 2010, the Agrarian Payments

    Directorate will take over all payments in agriculture which have so far been performed in

    cooperation with the Treasury Administration of the Ministry of Finance. Besides the payments

    in line with the national scheme, a preparatory procedure for establishment of the Accreditation

    Directorate has started in compliance with strict EU standards set out in Regulations

    1085/2006/EC and 718/2007/EC that are the legal basis for benefiting from EU IPA funds. After

    it receives full accreditation, the Directorate will continue strengthening its capacities in order to

    be ready for integration into the EU Common Agricultural Policy, after the country becomes a

    Member State.

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    Agricultural statistics

    With the aim of harmonisation with regulations relating to statistical research, the MAFWM will

    actively cooperate with the Statistical Office of the Republic of Serbia in implementation of the

    complete agricultural census which is to be conducted in 2011.

    As of February 2009, an IPA Project concerning the preparations for agricultural census was

    begun. Preparations are currently being made for implementation of a trial agricultural census,

    which is to be carried out in December 2009. The aim of the trial census is to test the

    methodology, forms and other tools for implementation of the census.

    11.2. Rural Development

    11.2.1. Current status

    Provisions relating to rural development are partially harmonised with EU legislation.

    11.2.1.1. Legislative framework

    The Law on Agriculture and Rural Development, (Official Gazette RS, No.41/2009) in

    compliance with EC Regulation No.1698/2005 and 1985/2006

    11.2.1.2. Institutional Framework

    The field of rural development within MAFWM of the RS is under the competence of the Rural

    Development Sector and 35 expert advisory institutions(extension services) performing

    conferred advisory and other tasks of the MAFWM, and they encompass institutes, offices, and

    agricultural stations. The completed changes made to the legal status of agricultural services,established by the Government Decision as "Agricultural Expert Extension Services Ltd (a

    limited liability company that uses national funds for performance of its duties).

    The MAFWM has formed the Rural Development Support Network consisting of fifteen

    Regional and 140 Local Offices on the territory of the Republic of Serbia. (territorial coverage

    90%) The aim of these offices is to enhance regional connectivity by creating active links

    between state authorities and the local community, to provide anunobstructed two-way

    information flow and to prepare local communities for the implementation of the LEADER

    method and establishment of Local Action Groups (LAG).

    11.2.2. Priorities for 2010, 2011, and 2012.

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    11.2.2.1. Legislative framework

    National Rural Development Programme for 2009/102013

    Strategy on Development of Agricultural Advisory System in Serbia with an aim of organising

    and improving the work of agricultural extension services in compliance with EC Regulation

    1782 /2003 and 1783/2003 and their later amendments and Corrigendum.

    The Law on performance of advisory and expert tasks in the field of agriculture in compliance

    with EC Regulation 1782 /2003 and 1783/2003 and their later amendments and Corrigendum.

    Rulebook on execution of advisory tasks in agriculture

    Rulebook on issuing licences for execution of advisory tasks in agriculture

    Rulebook on keeping the Register of Agricultural Advisors

    11.3. Organisation of the agriculture market

    11.3.1. Current status

    In the field of Agrarian Policy, the Project Approval and Agrarian Operative Sector is in charge

    of payments, i.e. implementation of agrarian policy measures.

    Individual agrarian policy measures are adopted by the Government of the Republic of Serbia

    annually, based on the Law on the Budget of the Republic of Serbia and the Programmes for

    allocation and use of financial support in the field of agriculture, forestry and water management

    developed on the basis of separate regulations. After adoption of the Law on Agriculture andRural Development defining types of support, a special legal basis was formed, based on which

    individual agrarian policy measures will be adopted. All the abovementioned provisions are

    published in the Official Gazette of the Republic of Serbia. Pursuant to the Law on Agriculture

    and Rural Development, all financial support is divided into: direct payments (premiums,

    subsidies for production, refunds, support for non-commercial family farms), market measures

    (export subsidies,storage expenses, credit support) and structural measures.

    11.3.1. 1. Legislative framework

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    Besides the Law on the Budget (Official Gazette RS, No. 120/08) and the Law on Agriculture

    and Rural Development, (Official Gazette RS, No. 41/09), a large number of bylaws were

    adopted in 2009.

    11.3.1.2. Institutional framework

    The part of MAFWM in charge of implementation of agrarian policy measures is the Project

    Approval and Agrarian Operative Sector. In August 2009, the Agrarian Payments Directorate

    was established as an authority within MAFWM, and it officially started operating on 19

    October 2009. The plan is that as of 1 January 2010, the Agrarian Payments Directorate takes

    over all payments in agriculture, including direct payments per hectare and per head of cattle.

    11.3.2. Priorities for 2010, 2011 and 2012.

    11.3.2.1. Legislative framework

    At the beginning of each year (2010, 2011, 1012), the National Programme is adopted, based on

    which bylaws projecting agrarian policy measures for each year are also adopted. All the

    measures can be divided into three groups, in compliance with the Law on Agriculture and Rural

    Development (Official Gazette RS, No. 41/09); direct payments (premiums, subsidies for

    production, refunds, support for non-commercial family farms), market measures (export

    subsidies, storage expenses, credit support) and structural measures.

    11.3.2.2. Institutional framework

    In 2010, the Agrarian Payments Directorate will take over control over the complete payment

    system in agriculture from the Treasury Administration within the Ministry of Finance. Besides

    the implementation of the National Programme, the Agrarian Payments Directorate will start the

    accreditation process for the use of the fifth component (V) of IPA funds earmarked for rural

    development. The complete accreditation of the Directorate for the three selected IPARD

    measures is expected to be gained in 2012.

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    11.4. Quality policy

    11.4. 1. Current status

    Quality policy, through quality schemes, such as Protected Designation of Origin and Protected

    Geographical Designation of agricultural products and foodstuffs, contributes to the generation

    of economic and cultural values of a country.

    Goals of Quality Policy:

    To raise the production volume of "value added products, i.e. products with qualitydesignations.

    To raise awareness of both producers and consumers about the need for improvement ofquality of products

    Environmental protection and diversification of production To sustain live" rural areasand provide economic support to poorly developed regions.

    To prevent the decrease of trust in the products with designated geographical origin Consumer protectionclear labels To guarantee qualityestablishment of an efficient control system

    11.4. 1. 1. Legislative framework

    The Law on Food Safety (Official Gazette RS, No. 41/09), adopted on 29 May 2009,

    harmonised with Regulation No 178/2002/EC, which is a general legislation on food in the EU,

    and partially harmonised with Regulations No 852/2004; 853/2004/ 854/2004; 882/2004;

    183/2005; 258/97; 1829/2003; Directives No 89/662/EEC; 89/109/EEC; 2000/13/EC, and

    Commission Decision No 2007/275/EC etc. The harmonisation will be completed by adoption of

    special provisions (bylaws) on certain control areas, in compliance with EU rules.

    11.4. 1. 2. Institutional framework

    Pursuant to the Law on Geographical Designations, the Intellectual PropertyOffice is obliged to obtain an opinion of the MAFWM in the process of registering either the

    name of origin or the designation of geographical origin.

    Control and certification of products with designated geographical origin are under the

    competence of the MAFWM. Certification bodies the control of quality and specific features

    of agricultural products and foodstuffs with designated geographical origin is performed by

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    certification bodies that are authorised by the MAFWM and accredited by the Serbian

    Accreditation Body in compliance with relevant standards and accreditation rules. The Minister

    of Agriculture, Forestry and Water Management defines in details the conditions, manner and

    procedure for the control of quality and specific features of agricultural products and foodstuffs.

    11.4. 2. Priorities for 2010, 2011 and 2012.

    11.4.2.1 Priorities for 2010.

    11.4.2.1.1. Legislative framework

    The Rulebook on labelling agricultural products and foodstuffs with designated geographical

    origin, in line with the Law on Geographical Designations (the Law) is to an appreciable extent

    approximated to Council Regulation (EC) No 509/2006 on agricultural products and foodstuffs

    as traditional specialties guaranteed and Council Regulation (EC) No 510/2006 on the protection

    of geographical designations and designations of origin for agricultural products and foodstuffs,

    and to the Commission Regulation No 1898/2006 laying down detailed rules on implementation

    of Council Regulation (EC) 510/2006 on the protection of geographical designations and

    designations of origin for agricultural products and foodstuffs. The Law is adopted by the

    Intellectual Property Office.

    11.4.2.2 Priorities for 2011.

    11.4.2.2.1. Legislative framework

    The Rulebook establishing conditions that certification bodies need to meet in order to certify the

    harmonisation of production of agricultural products and foodstuffs with designated geographical

    origin with the elaborate - specification (Regulation (EC) No 509/2006, and No 510/2006,

    Regulation (EC) No 1216/2007, Regulation (EC) No 1898/2006, Regulation No 882/2004).

    11.5. Organic production

    11.5. 1. Current status

    In 2009, the MAFWM provided financial support to organic producers and producers of seeds

    produced by the organic production method.

    In July 2009, a draft of the National Action Plan for the development of organic agriculture was

    made, defining activities for the development of organic agriculture in the Republic of Serbia for

    the period 2010-2015.

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    In 2009, four certification organisations received authorisation from the MAFWM to perform

    controls and issue certificates in the field of organic production.

    11.5. 1. 1. Legislative framework

    Organic production in the Republic of Serbia is regulated by the Law on Organic Production and

    Organic Products (Official Gazette RS, No. 62/06).

    The Law was prepared in compliance with Council Regulation EEC No 2092/91 on organic

    production of agricultural products and designations referring thereto on agricultural products

    and foodstuffs.

    The Law and bylaws lay down in details the rules relating to the production,processing, storage,

    transport, marketing, and labelling of organic products, as well as to some other issues in this

    field.

    11.5. 1. 2. Institutional framework

    The authority competent for organic production in the Republic of Serbia is the Ministry of

    Agriculture, Forestry and Water Management, Sector for Analysis and Agrarian Policy.

    Legal entities, i.e. organisations for issuing certificates or re-certifications are delegated with the

    tasks of supervision and certification in the field of organic production.

    The competent authority for organic production, in compliance with relevant provisions,

    authorises organisations for issuing certificates or re-certifications if they have fulfilled

    subscribed conditions, issues decrees on the use of reproductive material which is not produced

    by organic production methods, keeps a unique register of producers and land under organic

    production, issues decrees on reduction or extension of the conversion period.

    11.5. 2. Priorities for 2010, 2011 and 2012.

    11.5.2.1 Priorities for 2010.

    11.5.2.1.1. Legislative framework

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    With the EU Technical Assistance and Information Exchange instrument (TAIEX), a new draft

    Law on Organic Production was completed in compliance with Council Regulation (EC) No

    834/07 and Commission Regulation No 889/08. The adoption of the Law is expected at the end

    of 2009 or the beginning of 2010, and its implementation will start as of 1 January 2011. The

    implementation of the Law is delayed due to the fact that the Serbian Accreditation Body (SAB)

    has not yet been accredited on an international level (it is in the assessment process at the

    moment), and the new draft Law on Organic Production envisages that the supervision and

    certification functions can be performed by supervision organisations accredited by SAB.

    During 2010, accompanying bylaws will be drafted in compliance with Council Regulation

    (EEC) No 834/07 and Commission Regulation No 889/08.

    11.5.2.2 Priorities for 2011.

    11.5.2.2.1. Legislative framework

    During 2011, the Rulebook on organic livestock production methods, which will be drafted in

    compliance with Council Regulation (EEC) No 834/07 and Commission Regulation No 889/08

    and which will repeal the Rulebook on organic livestock production methods (Official Gazette

    FRY 51/2002), will be adopted if the implementation of the new Law on Organic Production is

    delayed.

    12 FOOD SAFETY, VETERINARY AND PHYTOSANITARY POLICY

    12.1 Food safety and inspection

    12.1.1 Current status

    Provisions relating to food safety and inspection are partially harmonised with EU legislation.

    The Law on Food Safety has come into force establishing a comprehensive and integrated

    inspection system in the food and feed safety field. The abovementioned Law is drafted by the

    competent authority (MAFWM) and is the basis for establishment of the following: Central

    Register of food and feed business operators, system of reference laboratories, and Directorate

    for national reference laboratories, Expert Council for food safety, traceability system in all areas

    of inspection and communication regarding risks,Rapid Notification and Alarm System, and

    Emergency measures for crisis management.

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    Establishment of the Expert Council as an independent and scientific body for risk assessment

    will enable measures based on scientific data to be adopted in order to pursue objectives of this

    Law (high level of protection of human life and health and the protection of consumer interests,

    including fair practices in food trade, taking account of, where appropriate, the protection of

    animal health and welfare, plant health and the environment).

    Food and feed business operators will have basic legal responsibility for food and feed safety,

    and an obligation to introduce and implement self-regulation measures (good production and

    hygiene practice and hazard analysis and critical control points system -HACCP).

    Establishment of a Rapid Notification and Alarm System will improve the exchange of

    information on food and feed hazards, and inspection services will follow relevant unified

    procedures (recognized and equivalent to official controls in the EU), and the relevant legislation

    will be equally implemented for both food and feed domestic and international trade.

    Policymaking related to this field will be focused on crucial issues, and reaction to food and feed

    hazard occurrence will be significantly faster.

    12.1.1.1. Legislative framework

    In 2009, the Law on Food Safety was adopted (Official Gazette RS No 41/2009), and

    harmonised with Regulation No 178/2002/EC, which is a general law on food in the EU.

    12.1.1.2. Institutional Framework

    The Veterinary Directorate as an authority within the MAFWM, provided for in Article 8 of the

    Law on Ministries (Official Gazette RS No 65/08 and 65/09), performs public administration and

    expert duties relating to the following: animal health protection; veterinary and sanitary control

    of the production and control in internal and external marketing of animals, products, raw

    materials and animal origin waste, semen for artificial insemination, inseminated ova for animal

    breeding, embryos and other organisms and objects that can transfer diseases, inspection of feed

    and components for feed production; registration and control of establishments producing

    foodstuffs of animal origin (slaughter houses, dairy plants, etc.); control of establishments

    producing feed and safe disposal of animal carcasses and animal origin waste and their

    processing plants; control of internal and external marketing of veterinary medicaments and

    biological products; as well as other tasks envisaged by the law.

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    12.2. Plant health

    12.2.1. Current status

    Legislation relating to plant health is partially harmonised with the EU legislation.

    12.2.1.1. Legislative framework

    Pursuant to NPI priorities, the following was adopted:

    The Law on Plant Health (Official Gazette RS No 41/2009) providing for the protection and

    improvement of plant health; protective measures against introduction and spread of harmful

    organisms and measures for revealing and control of harmful organisms; phytosanitary

    inspection; laying down conditions for production, processing, finishing, import, storage and

    trade in plant, plant products and relevant facilities, as well as conditions for providing plant

    protection services. Also, this Law provides for the implementation of international

    responsibilities in accordance with the provisions of IPPC, Sanitary and Phytosanitary Measures

    (SPS Agreement), international conventions and other international agreements, and for the

    exchange of information with other national organisations in charge of plant health care. The

    Law complies with the main principles of Council Directive 2000/29/EC, and its further

    harmonisation with relevant EU legislation will be achieved by the adoption of bylaws.

    Bylaws will be adopted in the fourth quarter of 2009.

    12.2.1.2. Institutional Framework

    The structure of the Phytosanitary System in the Republic of Serbia (RS) encompasses:

    Plant Protection Directorate in the MAFWM of RS - central institution for plant health matters

    Phytosanitary inspection of the General Inspectorate in the MAFWM of RS.

    Agricultural expert services (34) - regional services that perform health checks of plants, seed,

    seedlings, planting material, issue certificates on plant health conditions, post-quarantine

    supervision, health checks of plant consignments intended for export, issue phytosanitary

    certificates for export and re-export,

    implement annual programme of plant health measures. Regional phytosanitary laboratories (5)

    these five services perform laboratory tests on plant samples for the presence of harmful

    organisms in the following plants: 1) small and Prosolika grains and vegetables without

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    Solanacea 2) Industrial and fodder plants; 3) Solanaceae; 4) grapes and soft fruit; 5) apple-type

    and stone fruit.

    Authorised laboratories of scientific institutes and faculties - authorised for providing expertise

    and performing laboratory tests until the Ministry of

    Agriculture, Forestry and Water Management (MAFWM) has finished the complete

    identification of a harmful organism.

    Reference phytosanitary laboratory within the Directorate for National Reference Laboratories

    within the MAFWM of the RS.

    12.3 Seed and planting material

    Current status

    The legislation relating to seed and planting material is partially harmonised with EU

    legislation.

    12.3.1.1. Legislative framework

    Draft law on reproductive material of agricultural and horticultural plants will be drafted in the

    fourth quarter of 2009 and will be the start of harmonisation of the Serbian legislation with the

    basic EU Directives in this field. Council Directive 68/193/EEC, Council Directive 98/56/EC,

    Council Directive 2008/90/EC, Council Directive 2008/72/EC

    12.4 Plant protection products and residues

    12.4.1. Current status

    The legislation relating to plant protection products and residues is partially harmonised with EU

    legislation.

    12.4.1.1. Legislative framework

    In compliance with NPI priorities, the Law on Plant Protection Products was adopted in 2009

    and provides the basis for establishment, maintenance and improvement of a unique system of

    registration, marketing and application of plant protection products(PPP) and residues.

    The deadline for adoption of bylaws based on the abovementioned Law is 10 June 2012, and

    until new bylaws are adopted, the existing provisions in force were adopted in line with the Law

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    on Plant Protection, the Law on production and trade of poisonous substances and the Law on

    the safety of foodstuffs and subjects of general use.

    Pursuant to the NPI priorities, Rulebook proposals have been drafted and their adoption is

    planned for the last quarter of 2009.

    12.4.1.2. Institutional Framework

    Registration of PPP in compliance with the Law on Plant Protection Products will be carried out

    i n two phases. The implementation of Articles 11 to 25 will start on 31 December 2013.

    Registration of PPP will be carried out in compliance with provisions of the Law on Plant

    Protection and the Law on production and trade of poisonous substances, until 31 December

    2013.

    This time frame will enable capacity building in the Republic of Serbia for the complete

    application of legislation (assessment of active substances and PPP), and for stakeholders it will

    provide some time to adjust their business operations to the new Law (e.g. creation of

    registration files).

    The basis for national institutional capacity strengthening and for the establishment of a unit for

    the assessment of PPP (Department for plant protection products and plant nutrients) within the

    Plant Protection Directorate will be the IPA 2008 project "Harmonizing national regulations

    referring to registration, sale and control of pesticides with EU regulations and their

    applications", and in October 2009, a Twining partner was chosen for this.

    12.5. Veterinary policy

    12.5.1 Current status

    Legislation relating to veterinary policy in Serbia is partially harmonised with relevant EU

    legislation.

    12.5.1.1. Legislative framework

    The Law on Food Safety (Official Gazette RS No 41/09) and the Law on Animal Welfare

    (Official Gazette RS No 41/09) were adopted in 2009.

    12.5.1.2. Institutional Framework

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    The Veterinary Directorate as an authority within the MAFWM, provided for in Article 8 of the

    Law on Ministries (Official Gazette RS No 65/08 and 65/09), performs public administration and

    expert duties relating to the following: animal health protection; veterinary and sanitary control

    of the production and control in internal and external marketing of animals, products, raw

    materials and animal origin waste, semen for artificial insemination, inseminated ova for animal

    breeding, embryos and other organisms and objects that can transfer diseases, inspection of feed

    and components for feed production; registration and control of establishments producing

    foodstuffs of animal origin (slaughter houses, dairy plants, etc.); control of establishments

    producing feed and safe disposal of animal carcasses and animal origin waste and their

    processing plants; control of internal and external marketing of veterinary medicaments and

    biological products; as well as other tasks envisaged by the law.

    13. FISHERIES

    13.1.1. Current status

    The legislation relating to fishery is partially harmonised with relevant EU legislation.

    13.1.1.1. Legislative framework

    In 2009 the following legislation was adopted: The Law on Conservation and Sustainable Use of

    Fish Stock (Official Gazette RS No 36/09), the Law on Livestock Farming (Official Gazette RS

    No 41/09) and numerous bylaws.13.1.1.2. Institutional Framework

    MAFWM is in charge of fishery-related tasks, and the Ministry of Environment and Spatial

    Planning (MESP) has competences over some of the tasks. By bringing the Law on Livestock

    Farming (Official Gazette RS No 41/09) into force, MAFWM gained competence over

    aquaculture, providing for the provisions relating to the following: Fish farming establishments,

    conditions that are to be met as regards fish farming establishments and equipment, conditions

    that are to be met as regards introduction of fish and other aquatic animals into fish farming

    establishments.

    The Veterinary Directorate within MAFWM is in charge of the following:registration of

    establishments both on land (fish and fish-origin product processing plants) and on ships, control

    and supervision of production and trade (internal and international) in fish and fish products,

    control of health condition of live fish, control of fish and fish product quality, monitoring of

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    residues in live fish, as well as of the goods that require veterinary and sanitary control for

    import, export and transport, products from processed meat, fish, molluscs, shellfish or other

    water invertebrates. In carp laboratories (fish ponds), the laboratory control of fish health is

    conducted (erytrodermatitis, spring viremia and carp bubble inflammation).

    The Ministry of Environment and Spatial Planning is in charge of: managing fishing stocks in

    fishing waters, which entails preservation and sustainable use, catch and trade in fish; sustainable

    use of fish stocks which contributes to preservation of ichtiofaunistic diversity and ecological

    integrity of water eco-systems; defining conditions to be met as regards commercial, maritime,

    and sport fishing as well as fishing for scientific research purposes and electrical fishing. .

    Genetically modified organisms

    MAFWM is competent for tasks relating to genetically modified organisms, and they are

    elaborated in 3.27.7

    Industrial property rights

    Protection of the rights of cultivators of plant variety MAFWM is competent for tasks relating

    to the protection of rights of cultivators of plant variety, and they are elaborated in 3.7.2.