RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of March 6, 2019 No. 198

About approval of criteria by which the risk degree from implementation of economic activity is estimated and frequency of implementation of planned actions of the state supervision (control) of observance of measures of biological and genetic safety of rather agricultural plants is determined during creation, research and practical use of genetically modified organisms in open systems by Public service by safety issues of foodstuff and consumer protections

According to part two of article 5 of the Law of Ukraine "About the basic principles of the state supervision (control) in the field of economic activity" the Cabinet of Ministers of Ukraine decides:

Approve criteria by which the risk degree from implementation of economic activity is estimated and frequency of implementation of planned actions of the state supervision (control) of observance of measures of biological and genetic safety of rather agricultural plants is determined during creation, research and practical use of genetically modified organisms in open systems by Public service by safety issues of foodstuff and consumer protections which are applied.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of March 6, 2019 No. 198

Criteria by which the risk degree from implementation of economic activity is estimated and frequency of implementation of planned actions of the state supervision (control) of observance of measures of biological and genetic safety of rather agricultural plants is determined during creation, research and practical use of genetically modified organisms in open systems by Public service by safety issues of foodstuff and consumer protections

1. Criteria by which the risk degree from implementation of economic activity behind observance of measures of biological and genetic safety of rather agricultural plants is estimated during creation, research and practical use of genetically modified organisms in open systems are:

the violations of requirements of the legislation in the field of genetic and engineering activities and the address with genetically modified organisms revealed by results of the events of the state supervision (control) held within the last five years preceding planning period;

amount of grades of the agricultural plants created on the basis of the genetically modified organisms made and/or implemented within the last year preceding year in which the annual plan of actions of the state supervision (control) is constituted.

2. Risks of approach of negative effects from implementation of economic activity behind observance of measures of biological and genetic safety of rather agricultural plants during creation, research and practical use of genetically modified organisms in open systems are determined in appendix 1.

3. The list of criteria by which the risk degree from implementation of economic activity is estimated and is determined frequency of implementation of planned actions of the state supervision (control) of observance of measures of biological and genetic safety of rather agricultural plants during creation, research and practical use of genetically modified organisms in open systems, their indicators and the number of points are determined by each indicator in appendix 2.

4. Reference of the subject of managing to high, average or insignificant risk degree is performed taking into account score, added by all criteria determined in appendix 2, by the following scale:

from 41 to 100 points - to high risk;

from 21 to 40 points - to average risk degree;

from 0 to 20 points - to insignificant risk degree.

5. Planned actions of the state supervision (control) of observance of measures of biological and genetic safety of rather agricultural plants during creation, research and practical use of genetically modified organisms in open systems are performed with such frequency:

with high risk - is not more often than once in two years;

with average risk degree - is not more often than once in three years;

with insignificant risk degree - is not more often than once in five years.

6. If by results of planned and unplanned actions of the state supervision (control) within the last six years for subjects of managing which are carried to average risk degree and within the last ten years for subjects of managing which are carried to insignificant risk degree, at the subject of managing fundamental breaches of requirements of the legislation behind observance of measures of biological and genetic safety of rather agricultural plants are not revealed during creation, research and practical use of genetically modified organisms in open systems, the following planned event of the state supervision (control) concerning such subject of managing is held not earlier than through the period of time established for the corresponding risk degree, increased in time 1,5.

Appendix 1

to Criteria by which the risk degree from implementation of economic activity is estimated and frequency of implementation of planned actions of the state supervision (control) of observance of measures of biological and genetic safety of rather agricultural plants is determined during creation, research and practical use of genetically modified organisms in open systems by Public service by safety issues of foodstuff and consumer protections

Risks of approach of negative effects from implementation of economic activity behind observance of measures of biological and genetic safety of rather agricultural plants during creation, research and practical use of genetically modified organisms in open systems

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