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Ministry of Justice of Ukraine

February 26, 2018

No. 232/31684

ORDER OF THE MINISTRY OF AGRICULTURAL POLICY AND FOOD OF UKRAINE

of October 26, 2017 No. 576

About approval of the Instruction for ensuring with research samples examination of the request for plant variety

(as amended of the Order of the Ministry of Agricultural Policy and Food of Ukraine of 26.04.2022 No. 250)

According to Articles 20, 29 Laws of Ukraine "About protection of the rights to plant varieties", to the subitem 21 of item 4 of the Regulations on the Ministry of Agricultural Policy and Food of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of November 25, 2015 No. 1119, to Item 16 of the Regulations on the state registration of regulatory legal acts of the ministries, other executive bodies approved by the resolution of the Cabinet of Ministers of Ukraine of December 28, 1992 No. 731, and for the purpose of reduction of regulatory legal acts in compliance with requirements of the current legislation of PRIKAZYVAYU:

1. Approve the Instruction for ensuring with research samples examination of the request for plant variety which is attached.

2. Recognize invalid orders of the Ministry of agrarian policy of Ukraine:

1) of December 15, 2009 No. 896 "About approval of the Instruction for ensuring qualification examination of plant varieties with research samples on suitability on distribution", registered in the Ministry of Justice of Ukraine on January 15, 2010 for No. 37/17332;

2) of August 15, 2008 No. 512 "About approval of the Procedure for import to Ukraine of prototypes of plant varieties for the purposes of examination on suitability on distribution of grade and export from Ukraine of planting stock of plant varieties", registered in the Ministry of Justice of Ukraine on September 02, 2008 for No. 807/15498.

3. To submit to department of agriculture and technical policy in the AIC this order on the state registration to the Ministry of Justice of Ukraine in the procedure established by the legislation.

4. This order becomes effective from the date of its official publication.

5. I reserve control of execution of this order.

First Deputy Minister
M. Martynyuk

Approved by the Order of the Ministry of Agricultural Policy and Food of Ukraine of October 26, 2017 No. 576

Instruction for ensuring with research samples examination of the request for plant variety

1. This Instruction establishes procedure for delivery and the requirement to research samples of grades which are provided for the purposes of examination of the request for plant variety according to the Law of Ukraine "About protection of the rights to plant varieties".

In this Instruction terms are used in the values given in the Law of Ukraine "About protection of the rights to plant varieties".

2. This Instruction extends on the physical persons and legal entity delivering prototypes for the purposes of examination of the request for plant variety (further - sample), the expert organization authorized by the central executive body providing forming and realization of state policy in the field of protection of the rights to plant varieties (further - Competent authority) to conducting scientific and technical examination of the request for plant variety (further - Expert organization).

3. For the purpose of streamlining of deliveries and receipt of samples for the purposes of examination the Expert organization determines in the structure specialized structural division (further - division) which main objective is registration of accompanying documents, accounting is model, verification of accompanying documents, carrying out preparatory work on packing, packagings, etchback, deliveries of samples to Items of research, storage and so forth.

4. For implementation of customs clearance of the data on the issued notification on adoption of the request to consideration and import of prototypes of plant varieties for the purposes of examination of the request (further - the notification) the Competent authority with use of the special software enters into information system GFS in the format approved with GFS according to provisions of the Order of interaction between the customs applicants, their representatives, other interested persons and customs authorities, other state bodies, organizations and the organizations authorized on implementation of allowing or control functions on movement of goods, vehicles of commercial assignment through customs border of Ukraine with use of the mechanism of the «single window» approved by the resolution of the Cabinet of Ministers of Ukraine of October 21, 2020 No. 971.

5. Documentary confirmation is the notification on adoption of the request to consideration and import of prototypes of plant varieties for the purposes of examination of the request (appendix 1) which issues Competent authority and sends to the applicant within ten calendar days from registration date of documents of the request for plant variety and is applied to documents for customs clearance. The notification is not the allowing document, has information character and is issued by Expert organization if it on it was authorized by Competent authority.

6. The applicant or his representative provides deliveries of sample in the quantity necessary for carrying out researches of subject of the request for grade compliance to criteria of distinguishability, uniformity and stability, and also examination specified in the notification on suitability for distribution if the grade belongs to the list of childbirth and types which pass this examination.

7. Prototypes of plant varieties, including from what the sample for long-term storage is selected (further - official sample), for conducting qualification examination are delivered in divisions in the terms specified in Item 10 of this Instruction.

8. The sample depending on botanical taxon can be provided by seeds or planting stock (saplings, shanks, tubers, bulbs, etc.).

9. Prototypes of plant varieties which are imported into Ukraine for the purposes of examination of the request shall conform to the following requirements:

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