ORDER OF THE MINISTRY OF ECOLOGY AND NATURAL RESOURCES OF UKRAINE MINISTRIES OF AGRARIAN POLICY OF UKRAINE

of April 16, 2002 No. 147/110

About approval of Rules of issue of permissions and certificates on import to Ukraine and export out of its limits of samples of types of wild fauna and flora which are subjects to regulation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance

In pursuance of the resolution of the Cabinet of Ministers of Ukraine of December 13, 2000 N1822 "About Measures concerning Ensuring Accomplishment of the International Obligations of Ukraine in connection with Its Accession to the Convention on International Trade in the Types of Wild Fauna and Flora Which Are under the threat of Disappearance"

WE ORDER:

1. Approve Rules of issue of permissions and certificates on import to Ukraine and export out of its limits of samples of types of wild fauna and the flora which are subjects to regulation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance (are applied).

2. To submit to management of bioresources of Department of protection, use and reconstruction of natural resources of the Ministry of Ecology and Natural Resources of Ukraine (V. Tarasenko) this order to the Ministry of Justice of Ukraine on state registration in accordance with the established procedure.

3. To impose control of execution of the order on the First Deputy State secretary of the Ministry of Ecology and Natural Resources of Ukraine S. O. Lizun and the Chairman of State department of fishery of the Ministry of agrarian policy of Ukraine M. M. Shvedenko.

 

State secretary of the Ministry ecology and natural resources of Ukraine

S. Goshovsky

State secretary of the Ministry agrarian policy of Ukraine

S. Ryzhuk

Approved by the Order of the Ministry of Ecology and Natural Resources of Ukraine and the Ministry of agrarian policy of Ukraine on April 16, 2002 No. 147/110

Rules of issue of permissions and certificates on import to Ukraine and export out of its limits of samples of types of wild fauna and the flora which are subjects to regulation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance

General provisions

1. These Rules are developed according to the Laws of Ukraine "About fauna", "About flora", "About accession of Ukraine to the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance" and resolutions of the Cabinet of Ministers of Ukraine of December 13, 2000 of N1822 "About Measures concerning Ensuring Accomplishment of the International Obligations of Ukraine in connection with Its Accession to the Convention on International Trade in the Types of Wild Fauna and Flora Which Are under the threat of Disappearance".

2. Rules determine procedure for issue of permissions and certificates on import to Ukraine and export out of its limits of samples of wild fauna and the flora which are subjects to regulation of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance (further - samples).

3. Terms which are used in Rules:

"Type" means any kind, subspecies or its geographically separated population;

"Sample" means:

- any animal or plant, live or dead;

- rather animal: for the types entered in appendices? and??, any easily identified part or derivative of it; and for the types entered in appendices???, any easily identified part or derivative of it, specified in appendix??? in connection with these types, and

- concerning plants: for the types entered in appendices?, any easily identified part or derivative of it; and for the types entered in appendices?? and???, any easily identified part or derivative of it, specified in appendices?? and??? in connection with these types;

"Trade" means export, re-export, import and introduction from the sea;

"Re-export" means export of any sample which was imported earlier;

"The introduction from the sea" means import to the state of the samples of any kind caught in the marine environment which is not under jurisdiction of any state.

4. The requirements concerning regulation of the activities connected with international trade in the types of wild fauna and flora which are under the threat of disappearance determined in the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance (further - the Convention).

5. Permissions and certificates to import to Ukraine and export out of its limits of the wild animals and plants which are subjects to regulation of the Convention (further - permissions and certificates) are documents which are issued by Administrative authority of Ukraine concerning fulfillment of requirements of the Convention (further - Administrative authority) according to the resolution of the Cabinet of Ministers of Ukraine of December 13, 2000 to N1822 and certify the right of legal entities and physical persons to movement of samples through customs border of Ukraine.

6. Permission is issued for export and import of the samples entered in appendix 1, and also for export of the samples entered in appendices?? and??? Conventions. Import to Ukraine of samples is performed on permission which is issued by Administrative authority of the Convention of the exporting country. If the exporting country is not the Party of the Convention, import to Ukraine of samples is performed according to the allowing document issued by the relevant competent authority of this country.

7. In cases, stipulated in Article 7 Conventions, Administrative authority can issue instead of permissions certificates on application to samples of exceptions and other special provisions concerning trade in them.

Certificates are issued for the purpose of re-export, confirmation of origin of samples, for prekonventsionny samples and introduction of samples from the sea.

8. Depending on conditions and the purpose of use of samples of permission and certificates are applied both permission, and the certificate (is applied).

9. For each sample party separate permission or the separate certificate is drawn up. More than three different types of samples cannot be brought in one permission or the certificate. Entering of corrections into permissions and certificates and use of the term of use, their after the termination, is not allowed.

10. According to requirements of the Convention permission shall contain:

- the name of the Convention, the name and seal of the Administrative authority issuing permission, and control number which is provided by Administrative authority. Control number has the XXUAXXXXXX format where XX - the last two figures of the current year, Uadvukhsimvolny code? SO of Ukraine; XXXXXX - six-digit serial number;

- transaction purpose;

- legal addresses of the exporter and importer in the Ukrainian and/or English, French or Spanish languages;

- the complete name of animal or plant on Latin (if the Latin name of type has synonyms, then the name under which this type appears in the text of the Convention, including its appendices is specified) and Ukrainian languages;

- number of appendix of the Convention (??????), in which the type of animal or plant is brought;

- the description of sample (live animals or plants, skins, effigies, carcasses, skulls, horns, canines, seeds, roots, tubers, bulbs, corms, rhizomes, other parts, and also products from animals or plants and so forth; in process of forces for live animals it is necessary to specify their gender and age, and also in the presence and identification tags), quantity and/or weight;

- effective period (for circus and traveling exhibitions - 12 months, for export or import of sturgeon species of fish and products made from them - are no more than until the end of the current year, for other permissions and certificates - it is no more than 6 months from the date of issue);

- the signature of the official authorized by Administrative authority;

- place and date of issue.

11. The certificate on re-export shall contain the data specified in Item 10, and also in case of need:

- origin country name, number of export permission of country of source and date of its issue;

- country name of the last re-export, number of the reexport certificate of this country and date of its issue.

12. The administrative authority issues to the applicant for export out of limits of Ukraine of the samples brought in appendices??? and???, original and two copies of permission or original and two copies of the certificate. The applicant sends the original of permission or the certificate with sample party, one copy of permission and the certificate is used for customs clearance of load, another remains to the applicant.

13. The administrative authority issues to the applicant for import of samples according to appendix? Conventions the original of permission for its provision in Administrative authority of the country of export and its copy for customs clearance.

14. Copies of permissions and certificates cannot be used instead of the original, except as specified, specified in permissions and certificates.

Procedure for issue of permissions and certificates

15. For receipt of permissions and certificates it is necessary to submit the application in which it shall be specified to Administrative authority:

- legal address of the applicant, its phone number or fax. If applicant is the physical person - its home address (residence) and contact phone number;

- the address (in case of availability also phone number, the fax, e-mail) the exporter and the importer of samples in the Ukrainian and English, French or Spanish languages;

- the purpose of export, re-export, import or introduction from the sea (commercial transactions, scientific research, circus tours, replenishment of collections of zoos, botanical gardens, the museums or individuals, hunting trophies and so forth);

- scientific (sort and type in Latin) and regular (in Ukrainian) names of type of animal or plant;

- the description of sample (live animals or plants, skins, effigies, carcasses, skulls, horns, canines, seeds, roots, tubers, bulbs, corms, rhizomes, other parts, and also products from animals or plants and so forth; in case of opportunity for live animals it is necessary to specify their gender and age, and also in the presence and identification tags);

- quantity or weight it is model;

- sample origin (withdrawal from the environment, obtaining in artificial conditions by cultivation or cultivation, import from other country, introduction from the sea, purchase, obtaining as gift or in inheritance and so forth);

- terms of implementation of export, re-export, import or introduction from the sea.

Documents, confirmatory or receipt of sample in artificial conditions, or legality of its withdrawal from the environment (catch, shooting, collection), or its acquisition in a different way are enclosed to the application. Depending on method of acquisition of samples, can be such documents:

- the statement from the state book of breeding animals or the magazine of registration of artificial cultivation (cultivation) of animals or plants, with indication of date and the place of cultivation (cultivation), breeding numbers and nicknames of animals (in case of availability), and in cases if the sample belongs to the type entered in appendices? Conventions, also this about its parent individuals to the second generation;

- the documents certifying legality of acquisition of sample by purchase, exchange, donation, inheritance, and so forth;

- the copy of permission to withdrawal of sample from the environment in Ukraine according to the Rules of issue of permissions to special use of the wild animals and other objects of fauna carried to natural resources of nation-wide value, approved by Minekobezopasnosti's order of Ukraine of May 26, 1999 N115 and registered in Ministry of Justice of Ukraine on September 9, 1999 for N608/3901;

- the copy of permission of Administrative authority of the importing country if the sample which is exported or re-exported from Ukraine belongs to the type entered in appendix? Conventions.

The administrative authority can demand in addition from the applicant to provide the documents confirming the consent of the importer to import of sample party.

For receipt of the certificate on re-export of samples the applicant instead of above-mentioned documents submits the copy of the import permit issued by Administrative authority of the exporting country. In case of re-export of samples from the country which is not the party of the Convention the copy of the import permit issued by competent authorities of this country is provided.

16. In case of potential hazard to survival of type owing to international trade of permission and certificates are issued in the presence of the positive conclusion of one of scientific bodies for questions of fulfillment of requirements of the Convention (further - scientific body) according to their competence and according to the resolution of the Cabinet of Ministers of Ukraine of December 13, 2000 N1822. The conclusion prepares on the appeal of Administrative authority or the applicant.

The conclusion of scientific body is based on the latest scientific data on the status and the directions of dynamics of number of population of type, possible amounts of its withdrawal and trade, other biological and ecological factors influencing it and, depending on circumstances, shall contain it:

- assessment of threat to survival of the corresponding type from the planned movement of sample;

- assessment of capability of the legal entity or physical person performing import to Ukraine of live samples (especially those which are entered in appendices? Conventions) to provide proper conditions for their content;

- offers concerning restriction (in case of need) export/import of live samples in Ukraine;

- other information necessary for decision making about issue of permissions and certificates.

17. The administrative authority considers the given materials and issues the corresponding permissions and certificates within 30 days or directs to the applicant motivated refusal. In case of need receipts of the conclusion of scientific body the term of consideration of documents is prolonged for 30 days.

The administrative authority takes measures concerning reducing term of consideration of the application for the purpose of reduction of possible negative impact by live samples.

In case of lack of the documents specified in Items 15 and 16 of these Rules, or their inadequate registration the application it is not considered what in 10-day time it is reported to the applicant about.

18. Unused permissions and certificates are subject to return to the body which issued them within a month from end date of term of their action with the corresponding explanations.

In case of need and based on the corresponding statement instead of the returned unused new permissions and certificates can be provided. If their content at the same time does not change (except effective period and serial number), additional documents together with the statement do not go.

19. Violation of these Rules involves responsibility according to the current legislation of Ukraine.

 

Head of department of bioresources Minekoresursov of Ukraine

V. Tarasenko

First deputy chief Glavrybvod Ukrgosrybkhoza Minagropolitiki of Ukraine

P. Duel

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