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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 25, 2023 No. 917

About approval of the Procedure for issue or refusal in issue, renewal, cancellation of confirmation on import to Ukraine and export from Ukraine of samples of seeds and landing material of plant varieties and control of their use and recognition No. 691 which voided resolutions of the Cabinet of Ministers of Ukraine of October 5, 2016

(as amended of the Resolution of the Cabinet of Ministers of Ukraine of 06.09.2024 No. 1035)

According to parts ten and the eleventh article 20 of the Law of Ukraine "About seeds and landing material" the Cabinet of Ministers of Ukraine decides:

1. Approve enclosed:

Procedure for issue or refusal in issue, renewals, cancellations of confirmation on import to Ukraine and export from Ukraine of samples of seeds and landing material of plant varieties and control of their use;

the application form about issue of confirmation on import to Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine for selection, research works and exhibiting and export from Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine.

2. Declare invalid the resolution of the Cabinet of Ministers of Ukraine of October 5, 2016 No. 691 "About approval of the Procedure for issue or refusal in issue, renewal, issue of duplicates, cancellation of confirmation on import to Ukraine and export from Ukraine of samples of seeds and the landing material which is not entered in the State register of the plant varieties suitable for distribution in Ukraine and/or in the list of plant varieties of Organization for Economic Cooperation and Development, for selection, research works and exhibiting" (The Official Bulletin of Ukraine, 2016, No. 82, the Art. 2704).

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 25, 2023, No. 917

Procedure for issue or refusal in issue, renewals, cancellations of confirmation on import to Ukraine and export from Ukraine of samples of seeds and landing material of plant varieties and control of their use

General provisions

1. This Procedure determines the procedure of issue or refusal in issue, renewals, cancellations of confirmation on import to Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine (further - the register of plant varieties of Ukraine), for selection, research works and exhibiting and export from Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the register of plant varieties of Ukraine (further - samples of seeds and landing material), control of use of such samples.

2. Terms in this Procedure are used in the value given in the Laws of Ukraine "About seeds and landing material", "About protection of the rights to plant varieties", "About quarantine of plants", "About authorization system in the field of economic activity", "About ministerial procedure".

2-1. Administrative production on the cases provided by this Procedure begins from the date of obtaining Gosprodpotrebsluzhboy of the established application form about issue of confirmation on import to Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the Register of plant varieties of Ukraine for selection, research works and exhibiting and export from Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the Register of plant varieties of Ukraine (further - the statement for confirmation issue), and is performed according to the Law of Ukraine "About ministerial procedure".

Solutions of Gosprodpotrebsluzhby can be appealed according to the procedure of administrative appeal according to the Law of Ukraine "About ministerial procedure" or judicially.

3. Import to Ukraine of samples of seeds and landing material can be performed by subjects of managing on the basis of the confirmation issued by Gosprodpotrebsluzhboy.

Export from Ukraine of samples of seeds and landing material can be performed on the basis of the confirmation issued by Gosprodpotrebsluzhboy.

4. The amount of samples of seeds and landing material of one grade imported for selection, research works and exhibiting within one calendar year shall not exceed thirtyfold amount of landing material of the grade provided for carrying out one year of field surveys on qualification examination of plant varieties on suitability for distribution in Ukraine.

For plant varieties (childbirth and types), the decision about suitability for distribution in which Ukraine is made according to the applicant, the amount of samples of the seeds and landing material imported for selection, research works and exhibiting within one calendar year shall not exceed thirtyfold amount of the landing material given together with the request for plant variety.

5. Issue of confirmation on import to Ukraine and export from Ukraine of samples of seeds and landing material, its renewal and cancellation is performed gratuitously.

6. Confirmation is effective from the date of its issue about day of the actual import to Ukraine and export from Ukraine of agreed volume of samples of seeds and landing material, but no more than one year.

7. Confirmation based on which the subject of managing performs import and export of samples of seeds and landing material is not subject to renewal and cancellation.

Filing of application about issue of confirmation on import to Ukraine and export from Ukraine of samples of seeds and landing material

8. For receipt of confirmation the subject of managing submits to Gosprodpotrebsluzhbu the established form the application for issue of confirmation in paper or electronic form (in which in case of import notes information on the address of the place of use of samples of seeds and landing material). The application is electronically submitted for the e-mail address of Gosprodpotrebsluzhby: info@dpss.gov.ua, with imposing of the qualified digital signature of the subject of managing.

In case of change of the place of use of the imported samples of seeds and landing material the subject of managing informs on this Gosprodpotrebsluzhbu in any form.

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