RESOLUTION OF COUNCIL OF MINISTERS OF THE REPUBLIC OF BELARUS

of December 24, 2021 No. 746

About implementation of the Law of the Republic of Belarus of May 7, 2021 No. 102-Z "About selection and seed farming of agricultural plants"

In pursuance of article 31 of the Law of the Republic of Belarus of May 7, 2021 "About selection and seed farming of agricultural plants" the Council of Ministers of the Republic of Belarus DECIDES: No. 102-Z

1. Approve:

The regulations on procedure for carrying out certification of producers of original and elite seeds of agricultural plants (are applied);

Regulations on procedure and conditions of inclusion of data in the state register of producers of seeds of agricultural plants and their exception of this register (are applied);

The regulations on procedures for carrying out the state testing of grades of agricultural plants, inclusions and their exceptions of the state register of grades of agricultural plants (are applied);

Regulations on procedure for issue of permissions to use or realization of seeds of the agricultural plants belonging to the grades which are not included in the state register of grades of agricultural plants (are applied);

Regulations on procedure for issue of permissions to use or realization of seeds of agricultural plants with indicator of sowing qualities of seeds of agricultural plants (viability) of less established requirements to 3 percent (are applied);

The regulations on procedures for carrying out approbation, soil control and laboratory high-quality control of agricultural plants, issues of the act of approbation of agricultural plants (are applied);

The regulations on procedure for certification on quality of seeds of agricultural plants (are applied).

2. Make changes to the following resolutions of Council of Ministers of the Republic of Belarus:

2.1. ceased to be valid according to the Resolution of Council of Ministers of the Republic of Belarus of 25.03.2022 No. 175

2.2. to exclude from Item 7 of the list of the controlling (supervising) bodies and (or) spheres of control (supervision) which apply (in which are applied) control lists of questions (check sheets) approved by the resolution of Council of Ministers of the Republic of Belarus of December 13, 2012 No. 1147, the word "seed farmings".

3. Recognize invalid:

the resolution of Council of Ministers of the Republic of Belarus of September 5, 2006 No. 1135 "About some questions of state regulation of seed farming and strain testing";

subitem 1.23 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of May 6, 2009 No. 599 "About modification and amendments in some resolutions of Council of Ministers of the Republic of Belarus concerning implementation of ministerial procedures";

the resolution of Council of Ministers of the Republic of Belarus of July 26, 2010 No. 1116 "About introduction of amendments to resolutions of Council of Ministers of the Republic of Belarus of July 14, 2006 No. 881 and of September 5, 2006 No. 1135";

subitem 1.3 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of July 19, 2011 No. 973 "About modification and amendments in some resolutions of Council of Ministers of the Republic of Belarus";

subitem 2.17 of Item 2 of the resolution of Council of Ministers of the Republic of Belarus of January 29, 2013 No. 66 "About some measures for implementation of the Presidential decree of the Republic of Belarus of July 26, 2012 No. 332";

subitem 1.6 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of March 29, 2013 No. 234 "About modification and amendments in some resolutions of Council of Ministers of the Republic of Belarus concerning implementation of ministerial procedures and recognition No. 123 which voided subitem 1.7 of Item 1 of the resolution of Council of Ministers of the Republic of Belarus of February 6, 2012";

subitem 1.2 of Item 1 and Item 2 of the resolution of Council of Ministers of the Republic of Belarus of November 8, 2013 No. 961 "About some questions of state regulation of seed farming";

the resolution of Council of Ministers of the Republic of Belarus of June 16, 2014 No. 585 "About approval of the State program of development of selection and seed farming of grain, leguminous, technical and fodder agricultural plants for 2014-2020 and introduction of amendments to the resolution of Council of Ministers of the Republic of Belarus of November 8, 2013 No. 961".

4. This resolution becomes effective after its official publication.

Approved by the Resolution of Council of Ministers of the Republic of Belarus of December 24, 2021 No. 746

Regulations on procedure for carrying out certification of producers of original and elite seeds of agricultural plants

1. This Provision determines procedure for carrying out certification of producers of original and elite seeds of agricultural plants (further - certification).

2. For the purposes of this provision terms and their determinations in the values established By the law the Republic of Belarus "About selection and seed farming of agricultural plants" and also the following terms and their determinations are used:

certification - inspection of material objects of producers of original and elite seeds of agricultural plants on availability at them of the conditions allowing to provide production, completion, storage, realization, transportation of such seeds with the best high-quality and sowing qualities;

the applicant - the legal entity or the individual entrepreneur who are performing production of original and elite seeds of agricultural plants, submitted the application for carrying out certification for the purpose of inclusion in the state register of producers of seeds of agricultural plants.

3. For carrying out certification by public institution "Main state inspectorate for seed farming, quarantine and protection of plants" and its territorial organizations (further, unless otherwise specified, - the state inspection) certifying commissions are created.

4. Certifying commission specialists of the state inspectorate, and also representatives are included:

Ministries of Agriculture and Food;

National academy of Sciences of Belarus, scientific organizations, institutions of higher education;

local executive and administrative organs;

public institution "State inspectorate for testing and protection of plant varieties" or its territorial organizations - the state variety testing stations;

republican combining "Belsemena".

The certifying commission is headed by the chairman.

Organizational and information support of activities of certifying commission, and also clerical work its works are carried out by the secretary of certifying commission.

Quantitative and the members of certifying commission are determined by the state inspection.

5. Carrying out certification is performed based on submission by the applicant to the state inspectorate of the statement in the form established by the Ministry of Agriculture and Food.

Are enclosed by the applicant the certificate of availability and condition of material and technical resources, availability in staff of specialists, necessary specialties and qualification to the application.

6. The state inspection on the bases and according to the procedure, provided in article 17 of the Law of the Republic of Belarus of October 28, 2008 No. 433-Z "About bases of ministerial procedures", performs refusal in adoption of the statement and within five working days from the date of adoption of such decision the applicant is in writing notified on it with indication of the bases for refusal.

After elimination of the reasons which formed the basis for refusal in adoption of the statement, the applicant has the right to submit repeatedly the application which is considered by certifying commission.

7. The decision on refusal in carrying out certification is made in the cases provided in article 25 of the Law of the Republic of Belarus "About bases of ministerial procedures".

8. The certifying commission by results of consideration of the application and the documents attached to it within 30 working days carries out certification of the applicant.

Delivery of members of certifying commission to the location of material objects is organized by the applicant.

9. Inspection of material objects on availability at the applicant of the conditions allowing to provide production, completion, storage, realization, transportation of original and elite seeds of agricultural plants with the best high-quality and sowing qualities is performed by certifying commission according to the criteria established by the Ministry of Agriculture and Food.

By results of carrying out inspection by certifying commission the appraisal sheet in the form established by the Ministry of Agriculture and Food is constituted.

10. The appraisal sheet is constituted in duplicate, one of which goes to the applicant, the second - the state inspection within five working days from the date of its registration.

11. Based on the data specified in the appraisal sheet, when holding meeting one of the following decisions is accepted by certifying commission:

about availability or absence at the applicant of the conditions allowing to provide production, completion, storage, realization, transportation of original and elite seeds of agricultural plants with the best high-quality and sowing qualities;

about pronouncement of recommendations to the applicant about elimination of the material objects of violations (omissions) revealed during inspection with indication of the term of their elimination.

12. The decision of certifying commission is made on each applicant based on the data specified in the appraisal sheet and drawn up by the protocol.

13. The solution of certifying commission is considered competent if at meeting there are at least 2/3 its structures.

14. Date, time and the venue of meetings of certifying commission are determined by the chairman of certifying commission, and in case of its absence - the vice-chairman.

15. The decision on availability at the applicant of the corresponding conditions allowing to provide production, completion, the storage, realization, transportation of original and elite seeds of agricultural plants with the best high-quality and sowing qualities accepted by results of certification is confirmed by the certificate of the producer of original and elite seeds of agricultural plants (further, unless otherwise specified, - the certificate) which is drawn up in form according to appendix and issued to the applicant by the chairman of certifying commission.

16. The solution of certifying commission specified in Item 12 of this provision goes to the state inspection for the subsequent inclusion of the applicant in the state register of producers of seeds of agricultural plants.

17. Effective period of the certificate is established for five years.

18. In case of completion of effective period of the certificate and need of continuation of activities in the field of seed farming of original and elite seeds of agricultural plants producers of these seeds are subject to repeated certification.

19. The certificate is terminated ahead of schedule in cases:

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