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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 1, 2022 No. 398

Some questions of implementation of phytosanitary measures and procedures, measures of the state control in spheres of veterinary medicine, safety and separate indicators of quality of foodstuff in the conditions of warlike situation

(as amended on 09-01-2024)

According to article 12-1 of the Law of Ukraine "About legal regime of warlike situation", to the Presidential decree of Ukraine of February 24, 2022 "About introduction of warlike situation in Ukraine" the Cabinet of Ministers of Ukraine decides No. 64:

1. Determine that:

1) for warlike situation:

territorial authorities of Public service on safety issues of foodstuff and consumer protections perform the powers by exterritoriality. Person has the right to address for receipt of documents, administrative services provided by the Laws of Ukraine "About quarantine of plants" and "About protection of plants" and holding phytosanitary procedures to any territorial authority of Public service for safety issues of foodstuff and consumer protections, and also for conducting phytosanitary examination (analysis) in any phytosanitary laboratory included in the List of phytosanitary laboratories at its choice;

phytosanitary procedures are not carried out in the territories of active fighting, the territories of active fighting in which the state electronic information resources function, and the territories of Ukraine which are temporarily occupied by the Russian Federation included in the list of the territories in which are conducted fighting or temporarily occupied by the Russian Federation, approved by the Ministry of questions of reintegration of temporarily occupied territories for which date of completion of fighting or temporary occupation, and also in the cases provided by this resolution is not determined (was conducted);

documents for holding phytosanitary actions and procedures in the field of quarantine of plants move person in territorial authority of Public service on safety issues of foodstuff and consumer protections in electronic or paper form by the address to the state phytosanitary inspector responsible for the corresponding zone of servicing;

disinfecting, including fumigation, loads with the exported subjects to regulation, can be made outside customs area of Ukraine. In that case:

- disinfecting, including fumigation, is performed with observance of relevant requirements of international standards for phytosanitary measures;

- the owner of load or person authorized by it submits to the state phytosanitary inspector the act of the carried-out works on disinfecting or the fumigatsionny certificate provided by person having the certificate of the right of work with pesticides issued according to the legislation on protection of plants;

- control of disinfecting, including fumigation, is performed by the state phytosanitary inspector only by conducting documentary verification of the act of the carried-out works on disinfecting (the fumigatsionny certificate);

- phytosanitary certificates are issued on condition of confirmation of conformity to phytosanitary requirements of the importing country;

- the owner of load or person authorized by it can submit to the state phytosanitary inspector the guaranty letter according to which the owner or person authorized by it shall carry out fumigation of load with subjects to regulation outside customs area of Ukraine until arrival of such load in the import country. In that case the guaranty letter is the basis for issue by the state phytosanitary inspector of the phytosanitary certificate;

fumigation of loads with the exported subjects to regulation which is carried out on customs area of Ukraine is performed according to Procedure for conducting inspection, survey, phytosanitary examination (analyses), repeated phytosanitary (arbitral) examination (analyses), supervision, inspection, monitoring, disinfecting of subjects to regulation, execution of the certificates provided by the Law of Ukraine "About quarantine of plants", control of carrying out survey regarding sampling and the selective control behind conducting phytosanitary examination (analyses) approved by the resolution of the Cabinet of Ministers of Ukraine of November 15, 2019 No. 1177 "Some questions of implementation of the Law of Ukraine "On quarantine of plants" (The Official Bulletin of Ukraine, 2020, No. 12, the Art. 472) (dalee-Poryadok);

2) for warlike situation and within 90 days from the date of its termination or cancellation phytosanitary measures and procedures are performed taking into account the following features:

for the accompanying wooden packaging material classified by goods items 4407 and 4415 according to UKTVED, criteria of selectivity of phytosanitary control are not calculated, and phytosanitary control is exercised only to accompanying wooden packaging material for the goods relating to subjects to regulation;

issue of the quarantine certificate on the subjects to regulation classified by goods items 1205, of 1209, to commodity subline items of 1005 of 10, 1007 10 and to commodity subcategories 1001 11 00th 00, 1002 10 00th 00, 1003 10 00th 00, 1004 10 00th 00, 1006 10 10th 00, 1008 10 00th 00, 1008 21 00th 00, 1201 10 00th 00, 1204 00 10th 00, 1206 00 10th 00, 1207 10 00th 00, 1207 21 00th 00, 1207 30 00th 00, 1207 40 10th 00, 1207 50 10th 00, 1207 60 00th 00, 1207 70 00th 00, 1207 91 10th 00, 1207 99 91 00 according to UKTVED and in other cases, stipulated by the legislation, for the purposes of control of movement on the territory of Ukraine is not obligatory and is performed by the state phytosanitary inspectors upon the demand of person.

In case of export from quarantine zone of the subjects to regulation classified by the goods items, commodity subline items and commodity subcategories specified in paragraph three of this subitem without quarantine certificate person shall record such subjects to regulation in form according to appendix to this resolution and give the relevant information upon the demand of Public service on safety issues of foodstuff and consumer protections (is not more often than once a month);

in case of import to customs area of Ukraine of the subjects to regulation classified by commodity groups 07, of 08, of 09, of 10, of 11, 12 according to UKTVED, phytosanitary control is exercised by the state phytosanitary inspectors only using methods of internal and/or external inspection (without carrying out survey and phytosanitary examination (analysis) provided by the order of the Ministry of development of economy, trade and agricultural industry of February 22, 2021 No. 343 "About approval of methods of inspection, survey, including sampling, and conducting phytosanitary examination (analyses)" except cases when:

phytosanitary certificates and/or phytosanitary certificates on re-export are absent or are invalid;

subjects to regulation do not correspond to information containing in the phytosanitary certificate and/or the phytosanitary certificate on re-export;

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