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Ministry of Justice of Ukraine

June 11, 2020 

No. 506/34789

ORDER OF THE MINISTRY OF DEVELOPMENT OF ECONOMY, TRADE AND AGRICULTURAL INDUSTRY OF UKRAINE

of May 26, 2020 No. 985

About approval of the Procedure for maintaining the List of bodies of foreign certification

According to part four of article 29 of the Law of Ukraine "About the basic principles and requirements to organic production, turnover and marking of organic products", to Item 9 of the Regulations on the Ministry of development of economy, trade and the agricultural industry of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of August 20, 2014 No. 459 (with changes), PRIKAZYVAYU:

1. Approve the Procedure for maintaining the List of bodies of foreign certification which is applied.

2. To submit to management of rural development in the procedure established by the legislation this order on state registration to the Ministry of Justice of Ukraine.

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

4. To impose control of execution of this order on the deputy minister of development of economy, trade and agricultural industry of Ukraine according to distribution of obligations.

Minister of development of economy, trade and agricultural industry of Ukraine

I. Petrashko

 

It is approved:

The acting as the Chairman of Public service of Ukraine on safety issues of foodstuff and consumer protections

 

A. Shevchenko

Acting as the Public regulatory service of Ukraine

A. Miroshnichenko

Approved by the Order of the Ministry of development of economy, trade and agricultural industry of Ukraine of May 26, 2020, No. 985

Procedure for maintaining List of bodies of foreign certification

1. This Procedure determines the procedure of introduction, refusal in entering of bodies of foreign certification into the List of bodies of foreign certification (further - the List) and modification of it.

2. In this Procedure the term "applicant" is used in value: subject of managing which performs export and/or import of organic products.

Other terms are used in the values given in the Law of Ukraine "About the basic principles and requirements to organic production, turnover and marking of organic products".

3. Maintaining the List is performed by Gosprodpotrebsluzhboy in electronic form with use of own material and technical resources by its promulgation on the official website of Gosprodpotrebsluzhby.

4. For entering of body of foreign certification into the List the applicant files to Gosprodpotrebsluzhbe petition in any form of entering of body of foreign certification into the List with indication of the following data:

1) name of the state of the location of body of foreign certification;

2) confirmation of accreditation of body of foreign certification in the respective area of organic production and/or turnover of organic production of accreditation by national authority foreign the states who is participant of the international or regional agreements about accreditation recognition;

3) the name of the body exercising control of body of foreign certification.

5. The Gosprodpotrebsluzhba performs check of reliability and completeness of information provided by the applicant which is the basis for introduction, refusal in entering into the List and stays in it.

6. By results of verification of the data specified by the applicant for entering of body of foreign certification into the List, Gosprodpotrebsluzhba no later than 10 working days from the date of filing of application about entering of body of foreign certification into the List accepts one of the following decisions:

1) about entering of body of foreign certification into the List of bodies of foreign certification;

2) about refusal in entering of body of foreign certification into the List of bodies of foreign certification.

7. The Gosprodpotrebsluzhba no later than two working days from the date of decision making about entering of body of foreign certification into the List brings it in the List, but no later than the term of the decision making specified in Item 6 of this Procedure.

Date of entering of body of foreign certification into the List decision date is considered Gosprodpotrebsluzhboy.

8. The exclusive basis for decision making about refusal in entering of body of foreign certification into the List is provision by the applicant of the unreliable or incomplete information specified in item 4 of this Procedure.

9. The solution of Gosprodpotrebsluzhby on refusal in entering of body of foreign certification into the List can be appealed by the applicant in court in the procedure established by the law.

10. In case of rejection Gosprodpotrebsluzhboy of the decision on refusal in entering of body of foreign certification into the List of bodies of foreign certification within 10 working days from the date of filing of application about entering of body of foreign certification into the List the applicant has the right to perform export/import by the principle of acquiescence.

11. In case of change of data which were specified in the statement for entering of body of foreign certification into the List the applicant within 10 working days from the date of their approach submits Gosprodpotrebsluzhbe the application for modification of the List in any form.

12. Consideration Gosprodpotrebsluzhboy of the statement for modification of the List and decision making is performed according to Item 5 of this Procedure within 10 working days from the date of filing of application about modification of the List.

13. The bases for decision making about exception of body of foreign certification of the List are:

1) the decision of national authority of accreditation of foreign state which is the participant of the international or regional agreements about accreditation recognition performing accreditation of body of foreign certification about deprivation of body of foreign certification of accreditation in the respective area of organic production and/or turnover of organic products;

2) expiration of the document confirming accreditation of body of foreign certification in the respective area of the organic production and/or the address of organic products issued by national authority of accreditation of foreign state which is participant of the international or regional agreements about accreditation recognition.

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