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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 21, 2020 No. 1032

About approval of the Procedure for certification of organic production and/or the address of organic products and introduction of amendments to the resolution of the Cabinet of Ministers of Ukraine of October 23, 2019 No. 970

According to part nine of article 24 of the Law of Ukraine "About the basic principles and requirements to organic production, turnover and marking of organic products" the Cabinet of Ministers of Ukraine decides:

1. Approve the Procedure for certification of organic production and/or the address of organic products which is applied.

2. Bring in the Procedure (detailed rules) for organic production and turnover of organic products approved by the resolution of the Cabinet of Ministers of Ukraine of October 23, 2019 No. 970 (The Official Bulletin of Ukraine, 2019, No. 97, the Art. 3201), changes which are applied.

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 21, 2020 , No. 1032

Procedure for certification of organic production and/or turnover of organic products

1. This Procedure determines the mechanism of certification of organic production and/or the address of organic products, issue of the certificate, its duplicate and form.

In this Procedure terms are used in the value given in the Law of Ukraine "About the basic principles and requirements to organic production, turnover and marking of organic products" (further - the Law).

2. For carrying out certification subject of managing which intends to pass to organic production and/or to perform turnover of organic products, sends to certification body by mail or telecommunication service the application for carrying out certification signed by the authorized person.

The statement contains the following data:

full name, the location address, identification code - for the legal entity or surname, name, middle name, the residence, registration number of accounting card of the taxpayer (series and passport number - for physical persons which because of the religious beliefs refused adoption of registration number of accounting card of the taxpayer and officially reported about it to the relevant tax authority and have mark in the passport) - for physical person entrepreneur;

addresses of all capacities on which the subject of managing plans to perform organic production and/or turnover of organic products;

information on lands on which implementation of such activities is planned: area of ground, location;

type of activity (production in certain area of organic production and/or turnover of organic products);

contact information (phone number, postal address, e-mail address).

The consent of the subject of managing to processing of its personal data is enclosed to the application on carrying out certification.

3. The certification body in time which is not exceeding ten working days checks the submitted application and sends to the subject of managing the offer to sign the contract for carrying out certification between certification body and subject of managing which intends to pass to organic production and/or to perform turnover of organic products.

4. After agreement signature the certification body includes the operator in the annual plan of checks and establishes for it terms and form of conducting the first inspection, annual scheduled inspection, and in case of need - unscheduled and additional selective check.

Year which is estimated from January 1 to December 31 planned year is considered planning period.

5. The certification body carries out the first inspection of the operator by results of which it determines start date of transition period (if such period is applied) according to article 25 of the Law.

6. Operators with whom the certification body signed the agreement are subject to annual scheduled inspections which can be only exit.

7. The certification body carries out unscheduled inspections of activities of operators in the presence of one of the following bases:

check of elimination of discrepancies to the legislation in the sphere of organic production, turnover and marking of organic products (further - the legislation) revealed by results of conducting the first inspection, annual scheduled inspection or additional selective check;

the appeal of operator to certification body about carrying out unscheduled inspection;

obtaining from physical persons or legal entities of data concerning violation of the legislation by the operator.

8. At least 10 percent of total quantity of operators with whom the certification body signed the agreement are subject to additional selective checks.

For determination of operators who are subject to additional selective check the certification body annually carries out overall assessment of risks of activities of operators with which it signed contracts.

During overall assessment of risks of activities of operators the following criteria are considered:

production volumes of organic products, its category and assortment;

amount of the revealed discrepancies to the legislation by results of the first inspection and/or other inspections which are carried out by certification body previous planned year;

availability of threat of mixture and/or substitution of organic products inorganic, including availability at the operator of inorganic production;

availability of the signed agreements on accomplishment of separate services (works), including contract (to be provided), necessary for organic production and/or turnover of organic products;

the facts of conclusion/agreement cancelation with other certification body;

quantity of cases in which exceptions of organic production were applied.

9. The term of conducting the first inspection or any other check cannot exceed ten working days, and in case of reasonable need can be prolonged to five working days.

10. The first inspections are carried out with the prevention of operators, and annual scheduled inspections, unscheduled inspections and additional selective checks can be carried out with the prevention or without the prevention of the operator.

The number of checks without the prevention makes at least 10 percent of total quantity of the inspections which are carried out by certification body.

In case of conducting check with the prevention the certification body warns the operator not later than three working days prior to conducting check. Such prevention goes to the operator certification body by mail or telecommunication service.

11. If the operator has capacities on which organic production or turnover of organic products is not performed, the certification body also has the right to perform such capacities.

12. Sampling of soil or materials, seeds and landing material, forages, products, water for carrying out laboratory researches (testing) is performed by the inspector on the corresponding industry of organic production and/or turnover of organic products during the first inspection or other check.

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