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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, cancellations of confirmation on import to Ukraine and export from Ukraine of samples of the seeds and 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

According to part seven of article 20 of the Law of Ukraine "About seeds and landing material" the Cabinet of Ministers of Ukraine decides:

Approve enclosed:

Procedure for issue or refusal in issue, renewal, issue of duplicates, cancellations of confirmation on import to Ukraine and export from Ukraine of samples of the seeds and 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 application form about confirmation of import to Ukraine and export from Ukraine of samples of the seeds and 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.

Prime Minister of Ukraine

V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of October 5, 2016, No. 691

Procedure for issue or refusal in issue, renewal, issue of duplicates, cancellations of confirmation on import to Ukraine and export from Ukraine of samples of the seeds and 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

1. This Procedure determines the procedure of issue or refusal in issue, renewal, issue of duplicates, cancellations of confirmation on import to Ukraine and export from Ukraine of samples of the seeds and landing material which is not entered in the State register of the plant varieties suitable for distribution in Ukraine (further - the Register of plant varieties of Ukraine), and/or in the List of plant varieties of Organization for Economic Cooperation and Development (further - the List of plant varieties of OECD), for selection, research works and exhibiting.

2. Terms in this Procedure are used in the value given in the Laws of Ukraine "About seeds and landing material" and "About protection of the rights to plant varieties".

3. Samples of seeds and landing material of the plant varieties which are not entered in the Register of plant varieties of Ukraine and/or the List of grades of OECD imported into Ukraine and exported from Ukraine for selection, research works and exhibiting by the physical persons entrepreneurs or legal entities performing production of seeds and/or landing material (further - subjects of seed farming and rassadnichestvo) which activities according to constituent documents are connected with selection, research works, based on confirmation.

4. The amount of samples of the seeds and landing material of plant variety imported for selection, research works and exhibiting within one calendar year shall not exceed thirtyfold amount of landing material of grade which is provided for carrying out within one year of field surveys of rather 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, samples of seeds and landing material for selection, research works and exhibiting are imported in quantity which moves together with the request for plant variety.

5. For receipt of confirmation the subject of seed farming addresses in Gosprodpotrebsluzhbu or to the center of provision of administrative services with the statement in the established form.

Information on adoption of the statement of Gosprodpotrebsluzhboyu or the center of provision of administrative services in accordance with the established procedure goes to body in the field of customs affairs.

The subject of seed farming is responsible for accuracy of the data, specified in the statement.

6. The Gosprodpotrebsluzhba or the center of administrative services considers the application submitted by the subject of seed farming and within five working days from the date of its obtaining makes the decision on issue of confirmation or on reasonable refusal in its issue.

Confirmation in form according to appendix 1 or reasonable refusal in its issue in form according to appendix 2 is drawn up on the form of Gosprodpotrebsluzhby and goes (is handed) to the subject of seed farming, and also body in the field of customs affairs no later than the next working day after adoption of the relevant decision.

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

7. Refusal in issue, renewal, issue of the duplicate and cancellation of confirmation are performed according to requirements of article 20 of the Law of Ukraine "About seeds and landing material" and Article 4-1 - the Law of Ukraine "About authorization system in the field of economic activity".

8. The subject of seed farming provides use of samples of the seeds and landing material imported on the territory of Ukraine for selection, research works and exhibiting according to appointment.

The subject of seed farming which received confirmation no later than February 1 of the year following after year in which import is performed in writing informs Gosprodpotrebsluzhbu on the actual amount of the imported samples of seeds and/or landing material, the place of cultivation, amounts of the received harvest, stability assessment against diseases and action of stressful factors, its further use, except reproduction and realization of seeds and landing material in the territory of Ukraine.

9. Export of seeds and/or landing material out of limits of the territory of Ukraine for selection, research works and exhibiting is performed based on permission of the owner of grade and accompanying international certificates which availability is checked when implementing phytosanitary control.

Appendix 1

to the Procedure

See Appendix 1 (10Kb In original language)

Appendix 2

to the Procedure

See Appendix 2 (10Kb In original language)

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