Unofficial transfer (c) Soyuzpravoinform LLC
of January 19, 2024 No. 53
About approval of the Procedure for conducting verification of documents and information specified in the documents accompanying load with seeds and landing material, pilot and official samples of seeds and landing material, the state phytosanitary inspector during the implementing of phytosanitary control and recognition voided some resolutions of the Cabinet of Ministers of Ukraine
According to part five of article 29 of the Law of Ukraine "About protection of the rights to plant varieties", "About seeds and landing material" the Cabinet of Ministers of Ukraine decides parts of the twenty fourth article 20 of the Law of Ukraine:
1. Approve enclosed:
2. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the enclosed list.
3. Determine that for warlike situation in Ukraine and within 90 days after its termination import to the territory of Ukraine of landing material of grades of public property and popular grades concerning which there are no data in the State register of the plant varieties suitable for distribution in Ukraine for bookmark and/or cultivation of long-term plantings (fruit, berry, nuciferous, grapes, hop) is performed based on the phytosanitary certificate (the phytosanitary certificate on re-export), notifications on accessory of the grade imported to grades of the public property or popular grades issued by the Ministry of Agricultural Policy and Food according to the submitted application for grade, and copies of the quality certificate of landing material.
4. This resolution becomes effective from the date of its publication.
Prime Minister of Ukraine
D. Shmygal
Approved by the Resolution of the Cabinet of Ministers of Ukraine of January 19, 2024, No. 53
1. This Procedure determines the procedure of conducting verification of documents and information specified in the documents accompanying load with seeds and landing material, pilot and official samples of seeds and landing material which is carried out by the State phytosanitary inspector when implementing phytosanitary control of seeds and landing material, in particular by means of the Single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli".
The documents and information determined by the Laws of Ukraine "About seeds and landing material" and "About protection of the rights to plant varieties are subject to check".
2. In this Procedure it is necessary to understand seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties of Ukraine suitable for distribution in Ukraine as the term "samples" (further - the Register of plant varieties of Ukraine), for carrying out selection, research works and exhibiting, grade prototypes for the purposes of qualification examination of grade and official sample of grade.
The term "phytosanitary control" is used in the value given according to the procedure of 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 selective control behind conducting phytosanitary examination (analyses), No. 1177 "Some questions of implementation of the Law of Ukraine" On quarantine of plants approved by the resolution of the Cabinet of Ministers of Ukraine of November 15, 2019" (The Official Bulletin of Ukraine, 2020, No. 12, the Art. 472).
Other terms are used in the value given in the Customs code of Ukraine and the Laws of Ukraine "About quarantine of plants", "About seeds and landing material", "About protection of the rights to plant varieties".
3. When implementing phytosanitary control of seeds and landing material the state phytosanitary inspector has the right to check compliance of information specified on the labels fixed outside on load with seeds and landing material and/or samples (further - load), with information specified in the documents accompanying load.
4. The documents and information provided by this Procedure can be provided by the subject of managing to the state phytosanitary inspector in paper form or by means of the Single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli".
Information and data open for general acquaintance, the subject of managing do not move.
5. In case of lack of the documents and information provided by this Procedure or discrepancy of information specified on the labels fixed outside on load, and information specified in the documents accompanying load, such load is subject to detention by the state phytosanitary inspector before provision of necessary documents and information.
6. In case of impossibility of provision of documents and information provided by this Procedure, the state phytosanitary inspector makes the decision on return of seeds and landing material and/or is exemplary out of limits of the territory of Ukraine.
7. In case of visual detection of infection of load with regulated harmful organisms or the available signs of infection they and the available signs of cargo damage and/or the vehicle in which there is load carry out physical control of subjects to regulation about what "additional information" of the act of results of verification of documents and information specified in the documents accompanying load (further - the act), constituted in the established form is noted in the field.
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