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The document ceased to be valid since   March 20, 2018 according to Item 2 of the Order of the Ministry of Agricultural Policy and Food of Ukraine of  October 26, 2017 No. 576

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Ministry of Justice of Ukraine

January 15, 2010

No. 37/17332

ORDER OF THE MINISTRY OF AGRARIAN POLICY OF UKRAINE

of December 15, 2009 No. 896

About approval of the Instruction concerning ensuring qualification examination of plant varieties with prototypes on suitability to distribution

According to Articles 25, of 27, 29 Laws of Ukraine "About protection of the rights to plant varieties", the Rules of creation and provision of the request for plant variety approved by the order of the Ministry of agrarian policy of Ukraine of 26.04.2007 No. 287, registered in the Ministry of Justice of Ukraine 30.05.2007 for No. 553/13820, Procedure for import to Ukraine of prototypes of plant varieties for the purposes of examination on suitability to the distribution of grade and export from Ukraine of landing material of plant varieties approved by the order of the Ministry of agrarian policy of Ukraine of 15.08.2008 No. 512, registered in the Ministry of Justice of Ukraine 02.09.2008 for No. 807/15498, ORDER:

1. Approve the Instruction concerning ensuring qualification examination of plant varieties with prototypes on suitability to distribution which is applied.

2. To department of the markets of crop production (Demidov O. A.) provide provision of this order on state registration in the Ministry of Justice of Ukraine.

3. To provide to the Ukrainian institute of examination of plant varieties (Gatsenko S. V.) publication of the order in the statement of Gossortsluzhby.

4. This order becomes effective from the date of its official publication.

5. To assign control over the implementation of the order and organizational support to the deputy minister Melnik S. I.

 

Minister
Yu. F. Melnik

Approved by the Order of the Ministry of agrarian policy of Ukraine of December 15, 2009 No. 896

The instruction concerning ensuring qualification examination of plant varieties with prototypes on suitability to distribution

I. General provisions

1.1. This Instruction extends on the physical persons and legal entity delivering sample of landing material for the purposes of qualification examination (further - sample) and workers of the state system of protection of the rights to the plant varieties authorized by Public service on protection of the rights to plant varieties to receive and further to prepare sample for conducting qualification examination of plant variety (further - examination).

1.2. For the purpose of ordering of delivery and receipt of landing material for the purposes of examination of Gossortsluzhba forms as a part of certain institution of examination specialized structural division (further - division) which main objective is receipt of landing material for the purposes of examination, implementation of its accounting, carrying out preparatory work for its research, including sample encryption, its protravlivaniye, packing, marking and delivery to institutions of examination of the state system of protection of the rights to plant varieties (further - institutions of examination of Gossortsluzhby), according to the program of field surveys for examination.

II. Classification of landing material

2.1. The sample, depending on botanical taxon, can be provided by seeds or landing material (saplings, live baits, tubers, bulbs and so forth).

2.2. For examination the sample is delivered by the applicant annually based on the notice which provides Gossortsluzhba according to Item 6.3 of this Instruction.

2.3. The applicant or his authorized representative provides delivery of sample independently, on bezoplatny basis in number of landing material for ensuring carrying out field surveys from qualification examination of plant varieties on suitability on distribution in Ukraine (for 1 year on 1 point of researches) (appendix 1). Materials are provided to the institutions of examination of Gossortsluzhby determined by the program of field surveys (daleeprogramm) in the delivery dates of sample of plant variety established by this Instruction in division of Gossortsluzhby (appendix 2) (daleesrok) and to the address of division specified in the message on supply of landing material.

III. Requirements to landing material

3.1. The sample shall belong to certain category of seed: original, elite, reproductive and to be followed by the document in which sowing qualities of seeds, by the quarantine certificate, the label of sample of landing material of plant variety for field surveys from qualification examination will be specified suitability of grade on distribution in Ukraine (appendix 3) (further - the label) and the copy of the notice of Gossortsluzhby on delivery of plant variety to division. One copy of the label shall be fixed on bale with seeds, and the copy of the label invests inside. The sample is packed by the applicant into the material excluding possibility of its damage.

3.2. The sample which is delivered for examination is not subject to chemical processing by the applicant. The division performs protravlivaniye of the sample directed for examination by chemical medicine.

IV. Delivery dates of sample in division

4.1. The sample shall arrive in division in the specified terms.

4.2. In case the applicant on any reasonable excuses has no opportunity to send sample at the scheduled time, it shall submit to Gossortsluzhbu the petition for transfer of conducting examination the next year.

V. Acceptance of the Sample

5.1. The sample which arrived in division accepts the responsible person of division. The fact of receipt of sample is fixed in the Magazine of intake of landing material of plant varieties for carrying out field surveys on qualification examination on suitability of grade to distribution in Ukraine (appendix 4), specifying obtaining method (mail, express service and so forth). At the same time integrity of packaging of sample, availability of packet of the accompanying documents specified in Item 3.1 of the Instruction, its weight and so forth are checked.

5.2. The division does not accept sample in case:

violations of integrity of its packaging;

lack of complete packet of accompanying documents;

the weight of sample is less, than is specified in the message;

in case of lack of the label on packaging of sample or in packaging;

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