ORDER OF THE MINISTRY OF AGRICULTURAL POLICY AND FOOD OF UKRAINE

of June 11, 2018 No. 262

About approval of the Procedure for carrying out the state control of the capacities located in exporting countries from which it is allowed to import (transfer) of products to customs area of Ukraine, and the Procedure for maintaining the state register of the countries and capacities from which import (transfer) of products to customs area of Ukraine is allowed

According to part three of article 61 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", I ORDER to Item 8 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,:

1. Approve such which are applied:

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 is allowed;

Procedure for maintaining the state register of the countries and capacities from which it is allowed to import (transfer) of products to customs area of Ukraine.

2. In accordance with the established procedure to provide to department of agrarian policy and agricultural industry submission of this order on state registration in the Ministry of Justice of Ukraine.

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

4. I reserve control of execution of this order.

Approved by the Order of the Ministry of Agricultural Policy and Food of Ukraine of June 11, 2018, No. 262

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 is allowed

1. This Procedure determines the mechanism of carrying out the state control of the capacities making products for their import (transfer) to customs area of Ukraine.

2. The terms used in this Procedure are used in the values given in 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".

3. The state control of the capacities making products for their import (transfer) to customs area of Ukraine is performed in the form of checks (further - check of capacities) and performed regarding observance of requirements of the legislation of Ukraine.

4. Check of capacities is performed by officials of competent authority.

5. Primary list of capacities for check is constituted by competent authority of the exporting country and moves to competent authority together with request about conducting check of compliance (equivalence) of system of the state control of the exporting country to the legislation of Ukraine which includes quantity and type of the capacities making products for their import (transfer) to customs area of Ukraine according to the guarantees provided by competent authority of the exporting country are such that conform to requirements of Ukraine.

6. During implementation of checks of capacities the competent authority of Ukraine adheres to requirements of Article 8 and appendix C to the Agreement on application of sanitary and phytosanitary measures of April 15, 1994.

7. The competent authority of the exporting country shall provide written guarantees to competent authority of Ukraine that:

1) requirements which are applied to capacities from which products can be imported (to be sent) on the territory of Ukraine, conform or legislations of Ukraine in the respective spheres are equivalent to requirements;

2) the list of export capacities is constituted by competent authority of the exporting country and is regularly updated;

3) capacities are subject to regular and effective control from competent authority of the exporting country;

4) the competent authority of the exporting country has official powers to stop export from capacities on the territory of Ukraine if capacities do not meet the requirements of the subitem of 1 this Item.

8. During check of capacities by competent authority special attention is paid, in particular:

1) to ensuring compliance with the hygienic requirements established by the legislation of Ukraine to products at all stages of their production and the address;

2) to application on capacity of the permanent procedures based on the principles of analysis system of dangerous factors and control in critical points (Hazard Analysis and Critical Control Points - HACCP);

3) to availability at capacity with which it is planned to import (to send) products on customs area of Ukraine, operational permission or its equivalent in the exporting country;

4) to observance on capacity with which it is planned to import (to send) products on customs area of Ukraine, the requirements to traceability established by the Ukrainian legislation.

9. By results of the performed capacities the competent authority passes the decision on feasibility of entering of capacities into the register of the countries and capacities from which import (transfer) of products to customs area of Ukraine can be performed.

10. Checks of capacities are performed at the expense of the government budget in limits, stipulated by the legislation, taking into account the principle of independence of officials of competent authority and requirements of the Law of Ukraine "About prevention of corruption".

11. The officials of competent authority performing check are responsible for results of check of capacities.

Approved by the Order of the Ministry of Agricultural Policy and Food of Ukraine of June 11, 2018, No. 262

Procedure for maintaining the state register of the countries and capacities from which it is allowed to import (transfer) of products to customs area of Ukraine

1. This Procedure determines the mechanism of maintaining the state register of the countries and capacities from which import (transfer) of products to customs area of Ukraine is allowed.

2. The terms used in this Procedure are used in the values given in 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".

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