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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 5, 2019 No. 589

About approval of the Procedure of the state control in exporting countries

According to part five of article 59 of the Law of Ukraine "About the state control of compliance with law about foodstuff, sterns, by-products of animal origin, health and wellbeing of animals" the Cabinet of Ministers of Ukraine decides:

Approve the Procedure of the state control in exporting countries which is applied.

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 5, 2019 , No. 589

Procedure of the state control in exporting countries

1. This Procedure determines the mechanism of implementation of actions of the state control in the countries which plan to import (to send) products, foodstuff of not animal origin or forage of not animal origin on customs area of Ukraine, for the purpose of check of compliance (equivalence) of system of the state control of the exporting country to the legislation of Ukraine (further - check).

Implementation of actions of the state control in exporting countries with which agreements on equivalence are signed happens according to this Procedure taking into account the features determined by such agreements.

2. In this Procedure terms are used in the value given in the Laws of Ukraine "About the basic principles and requirements to safety and quality of foodstuff", "About the by-products of animal origin which are not intended for consumption by the person", "About the state control of compliance with law about foodstuff, sterns, by-products of animal origin, health and wellbeing of animals".

3. It is performed by officials of Gosprodpotrebsluzhby.

4. During conducting check of Gosprodpotrebsluzhba adheres to requirements of article 8 of the Agreement on application of sanitary and phytosanitary measures of April 15, 1994.

5. It is performed at the request of competent authority of the exporting country on its carrying out.

6. The request shall include the following information:

1) type of products, foodstuff of not animal origin or forages of not animal origin which the exporting country plans to import (to send) on customs area of Ukraine, with indication of codes according to UKTVED of such products, foodstuff of not animal origin or forages of not animal origin;

2) the expected import volume from the exporting country;

3) quantity and type of capacities which according to the guarantees provided by the exporting country of compliance (equivalence) of its system of the state control to the legislation of Ukraine on foodstuff and sterns, health and wellbeing of animals are meeting the requirements of the legislation of Ukraine.

7. Check can provide also check of capacities according to Procedure for carrying out the state control of the capacities located in exporting countries from which import (transfer) of products to customs area of Ukraine, the approved Minagropolitiki which list the competent authority of the exporting country specifies in request as the legislations of Ukraine meeting the requirements is allowed.

8. In response to request of competent authority of the exporting country Gosprodpotrebsluzhba has the right to demand from the exporting country of provision of reliable and up-to-date information which is provided by part three of article 59 of the Law of Ukraine "About the state control of compliance with law about foodstuff, sterns, by-products of animal origin, health and wellbeing of animals".

In 60 days prior to conducting check of the exporting country Gosprodpotrebsluzhba approves the plan of conducting the corresponding check with competent authority of the exporting country.

9. The plan of conducting check shall contain:

1) check purpose;

2) the legislation of Ukraine, on compliance to which will be performed;

3) check subject according to Item 10 of this Procedure;

4) organizational matters of conducting check;

5) language which will be used during check;

6) obligations of officials of Gosprodpotrebsluzhby to provide nondisclosure of information with limited access obtained by them in connection with implementation of the state control;

7) the term of provision of comments and offers by the exporting country to the draft of the report.

10. The state control in the exporting country provides assessment:

1) the legislation in the field of sanitary and phytosanitary measures which acts on the exporting country territory;

2) organizational structure of competent authority of the exporting country, its independence and competence, including its powers necessary for effective ensuring compliance with the legislation in the territory of the exporting country, and also system of supervision of its activities;

3) level of training of personnel of competent authority of the exporting country in the field of implementation of the state control;

4) resources of competent authority of the exporting country, including diagnostic aids;

5) availability and use of documentary systems and procedures of the state control;

6) the situation connected with health of animals, zoonoza and health of plants, and also procedures of the notification of relevant international organizations on the outbreaks of diseases of animals and plants;

7) amount and procedure from them which are imported (are sent) by the exporting country of the state control of animals, plants and products on its territory;

8) the guarantees provided by the exporting country of compliance (equivalence) of its system of the state control to the legislation of Ukraine on foodstuff and sterns, health and wellbeing of animals.

11. By results of Gosprodpotrebsluzhby performed by officials within 20 working days from the date of the end of conducting check the draft of the report on conducting check is constituted.

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