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The document ceased to be valid since  September 19, 2014 according to the Resolution of the Cabinet of Ministers of Ukraine of  September 3, 2014 No. 405

RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 20, 2008 No. 734

About approval of the Approval procedure on import to customs area of Ukraine of the unregistered genetically modified organisms for the research purposes or the state approbations (testing)

According to article 16 of the Law of Ukraine "About the state system of biosafety during creation, testing, transportation and use of genetically modified organisms" the Cabinet of Ministers of Ukraine decides:

1. Approve the Approval procedure on import to customs area of Ukraine of the unregistered genetically modified organisms for the research purposes or the state approbations (testing) which is applied.

2. To the ministries, other central executive bodies to bring in three-months time own regulatory legal acts into accord with this resolution.

3. This resolution becomes effective since January 1, 2009.

Prime Minister of Ukraine

Yu. Tymoshenko

 

Approved by the resolution of the Cabinet of Ministers of Ukraine of August 20, 2008, No. 734

Approval procedure on import to customs area of Ukraine of the unregistered genetically modified organisms for the research purposes or the state approbations (testing)

1. This Procedure determines conditions of issue of the import permit on customs area of Ukraine of the unregistered genetically modified organisms intended for the research purposes or the state approbations (testing) in the closed and opened systems (further - permission).

In this Procedure terms are used in the value given in the Law of Ukraine "About the state system of biosafety during creation, testing, transportation and use of genetically modified organisms".

2. Permission is issued to legal entities and physical persons (regulation daleesubjekta) on each genetically modified organism (further - the modified organism) on bezoplatny basis on model of appendix 1 based on the conclusion of the state scientific and technical examination and taking into account recommendations of the interdepartmental commission on questions of the biosafety formed by MON.

3. Permission is effective during the term of carrying out research works or state approbations (testing), but no more, than within five years.

Import to customs area of Ukraine of the modified organisms can be performed during the term of its action in the quantity necessary for carrying out such works and approbations (testing).

4. For receipt of permission the subject of regulation submits to MON the petition on appendix form 2.

5. The subject of regulation can make during provision of the petition the reasonable offer concerning reference of some data to confidential.

6. Permission is issued:

1) within 45 working days after receipt in petition MON, if:

research works or the state approbations (testing) are carried out in the closed system;

research works or the state approbations (testing) which are carried out in open system are acknowledged according to the solution of MON such which cannot do harm to health of the person or the surrounding environment;

2) within 90 working days after receipt in petition MON if research works and the state approbations (testing) which are carried out in open system are acknowledged according to the solution of MON such which cannot do harm to health of the person or the surrounding environment in case of application of certain precautionary measures;

3) within 270 working days after receipt in petition MON if research works or the state approbations (testing) are carried out in open system, but additional materials which the subject of regulation sends within 20 working days after receipt of request from MON are necessary for decision making concerning its issue.

7. Permission is issued to the subject of regulation in duplicate. The copy of permission is on paper and in electronic form sent within 10 working days after its issue to Ministry for Protection of the Environment and Natural Resources and MOZ, and also State Customs Service for informing customs authorities according to the procedure established by State Customs Service and MON.

8. To the subject of regulation it can be refused issue of permission in case of receipt of scientifically reasonable information concerning danger of the modified organisms to health of the person or the surrounding environment in case of their use on purpose.

9. Permission can be cancelled by MON in the cases provided by the law.

Data on cancellation of permission within 10 working days after acceptance of MON of the relevant decision are sent to the subject of regulation, Ministry for Protection of the Environment and Natural Resources and MOZ, and also State Customs Service for informing customs authorities according to the procedure, established by State Customs Service and MON.

10. The decision on refusal in issue of permission or about its cancellation can be appealed by the subject of regulation within 30 working days in accordance with the established procedure.

11. Information on issue and cancellation of permission will be promulgated on the MON website.

12. After the termination of effective period permission returns MON together with information on measures for utilization of remaining balance of biological material of the modified organism after completion of research works and/or the state approbations (testing).

13. MON does not recognize as confidential information which concerns:

biological features of the modified organisms;

methods of monitoring of the modified organisms and taking measures in unguessed situations;

potential negative impact of the modified organisms on health of the person and the surrounding environment.

Appendix 1

to the Procedure

                      Государственный герб Украины

МИНИСТЕРСТВО ОБРАЗОВАНИЯ И НАУКИ УКРАИНЫ

РАЗРЕШЕНИЕ
на ввоз на таможенную территорию Украины
незарегистрированного генетически модифицированного
организма для научно-исследовательских целей
или государственных апробаций (испытаний)
___________________________
(отметить, в какой системе)

_______________________ ____________________
(регистрационный номер) (число, месяц, год)

Выдано ______________________________________________________________
(наименование юридического лица или фамилия,
имя и отчество физического лица - субъекта регулирования)
______________________________________________________________________

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