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Registered by the

Ministry of Justice of Ukraine

August 19, 2016

No. 1152/29282

ORDER OF THE MINISTRY OF AGRICULTURAL POLICY AND FOOD OF UKRAINE

of July 26, 2016 No. 257

About approval of the Procedure for confirmation of level of competence and requirements to conformity assessment bodies in the field of seed farming

According to article 18-1 of the Law of Ukraine "About seeds and landing material", I order to Item 8 of the Regulations on the Ministry of Agricultural Policy and Food of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of November 25, 2015 No. 1119,:

1. Approve the Procedure for confirmation of level of competence and requirements to conformity assessment bodies in the field of seed farming which is applied.

2. To submit to department of agriculture and technical policy in the AIC this order on state registration to the Ministry of Justice of Ukraine in the procedure established by the legislation.

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

4. To impose control over the implementation of this order on the First Deputy Minister Ya. Krasnopolsky.

Minister

T. Kutova

Approved by the Order of the Ministry of Agricultural Policy and Food of Ukraine of July 26, 2016, No. 257

Procedure for confirmation of level of competence and requirements to conformity assessment bodies in the field of seed farming

1. This Procedure determines the procedure of confirmation by the companies, organizations, organizations or their divisions (further - Organization) appropriate level of competence, the requirement for the number of the qualified personnel working at permanent basis, requirements to financial and material resources, requirements to accredited laboratories and quality management system, the list of the documents necessary for receipt of power, and procedure for their representation in the sphere of seed farming.

2. The terms applied in this Procedure are applied in the values given in the Law of Ukraine "About seeds and landing material" (further - the Law).

3. The organization can be authorized by the decision of the central executive body which provides forming and realizes the state agrarian policy, on implementation of activities for assessment of conformity in the field of seed farming if it:

is legal resident person of Ukraine;

can confirm appropriate level of competence;

has the qualified personnel working at permanent basis in the quantity pro rata to types and amounts of works on assessment of conformity which the Organization, with the minimum structure plans to carry out:

the head responsible for implementation, maintenance and enhancement of management system, determination of interrelations between quality management, technical activities and auxiliary activities;

at least one specialist in determination of viability of seeds;

at least one specialist in the analysis of defeat by diseases, population wreckers;

at least one specialist in the analysis on purity, humidity, other indicators of seeds;

does not use financial and material resources of subjects of seed farming;

has proper information technical supply, financial and material resources which allow to carry out assessment works of compliance;

has accredited laboratories (centers);

has quality management system;

has no commercial or other interest in the relation of subjects of the request;

has proper material and technical resources and other infrastructure facilities;

has no commercial or other interest concerning products which estimates.

4. The organization which intends to receive powers gives to the central executive body which provides forming and realizes the state agrarian policy:

the statement on powers in the sphere of seed farming (appendix 1);

the copy of the certificate about accreditation together with the approved product range, processes, services;

data on qualification of personnel (appendix 2);

the reference with information on accredited laboratory (center) for performance of works for assessment of conformity (appendix 3);

general description of own quality management system;

data on information technical supply, financial and material resources which allow to carry out assessment works of compliance;

the statement in any form that the Organization has no commercial or other interest in the relation of subjects of the request and products which estimates;

data on material and technical resources and other infrastructure facilities.

The head and personnel, authorized to carry out assessment works of compliance, are not identified as the developer, the producer (supplier) or the user of the corresponding products, process, service or as the authorized representative of one of such persons.

The central executive body which provides forming and realizes the state agrarian policy cannot require the additional materials and documents which are not provided by this Procedure.

5. The central executive body which provides forming and realizes the state agrarian policy, within fifteen working days after receipt of the statement from Organization:

carries out the analysis of the submitted documents on compliance to requirements, the stipulated in Item 3 presents of the Procedure;

checks reliability of the data specified in the submitted documents.

If the submitted documents conform to the established requirements, the central executive body which provides forming and realizes the state agrarian policy not later than in fifteen working days from the date of receipt of the statement makes the decision on powers of Organization on implementation of activities for assessment of conformity in the field of seed farming and pitomnikovodstvo.

6. If the Organization does not meet the requirements, the stipulated in Item 3 presents of the Procedure, the central executive body which provides forming and realizes the state agrarian policy not later than in fifteen working days from the date of receipt applications are directed to Organization by the notification with reasonable refusal to upolnomocheniya.

The exclusive bases for refusal in upolnomocheniye are:

discrepancy of Organization to requirements, stipulated in Clause 18-1 - the Law;

detection of false information in documents.

7. The organization on which the central executive body which provides forming and realizes the state agrarian policy makes the decision on refusal repeatedly submits the application after elimination of all revealed shortcomings to upolnomocheniya.

8. The decision on cancellation of powers is made in case:

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