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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of August 25, 2023 No. 917

About approval of the Procedure for issue or refusal in issue, renewal, withdrawal of confirmation on import to Ukraine and export from Ukraine of samples of seeds and landing material of plant varieties and control of their use and recognition No. 691 which voided resolutions of the Cabinet of Ministers of Ukraine of October 5, 2016

According to parts ten and the eleventh article 20 of the Law of Ukraine "About seeds and landing material" the Cabinet of Ministers of Ukraine decides:

1. Approve enclosed:

Procedure for issue or refusal in issue, renewals, withdrawal of confirmation on import to Ukraine and export from Ukraine of samples of seeds and landing material of plant varieties and control of their use;

the application form about issue of confirmation on import to Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine for selection, research works and exhibiting and export from Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine.

2. Declare invalid the 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, cancellation of confirmation on import to Ukraine and export from Ukraine of samples of seeds and the 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 Official Bulletin of Ukraine, 2016, No. 82, the Art. 2704).

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 25, 2023, No. 917

Procedure for issue or refusal in issue, renewals, withdrawal of confirmation on import to Ukraine and export from Ukraine of samples of seeds and landing material of plant varieties and control of their use

General provisions

1. This Procedure determines the procedure of issue or refusal in issue, renewals, withdrawal of confirmation on import to Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine (further - the register of plant varieties of Ukraine), for selection, research works and exhibiting and export from Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the register of plant varieties of Ukraine (further - samples of seeds and landing material), control of use of such samples.

2. Terms in this Procedure are used in the value given in the Laws of Ukraine "About seeds and landing material", "About protection of the rights to plant varieties", "About quarantine of plants", "About authorization system in the field of economic activity", "About ministerial procedure".

2-1. Administrative production on the cases provided by this Procedure begins from the date of obtaining Gosprodpotrebsluzhboy of the established application form about issue of confirmation on import to Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the Register of plant varieties of Ukraine for selection, research works and exhibiting and export from Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the Register of plant varieties of Ukraine (further - the statement for confirmation issue), and is performed according to the Law of Ukraine "About ministerial procedure".

Solutions of Gosprodpotrebsluzhby can be appealed according to the procedure of administrative appeal according to the Law of Ukraine "About ministerial procedure" or judicially.

3. Import to Ukraine of samples of seeds and landing material can be performed by subjects of managing on the basis of the confirmation issued by Gosprodpotrebsluzhboy.

Export from Ukraine of samples of seeds and landing material can be performed on the basis of the confirmation issued by Gosprodpotrebsluzhboy.

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

5. Issue of confirmation on import to Ukraine and export from Ukraine of samples of seeds and landing material, its renewal and response is performed gratuitously.

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

7. Confirmation based on which the subject of managing performs import and export of samples of seeds and landing material is not subject to renewal and response.

Filing of application about issue of confirmation on import to Ukraine and export from Ukraine of samples of seeds and landing material

8. For receipt of confirmation the subject of managing submits to Gosprodpotrebsluzhbu the established form the application for issue of confirmation in paper or electronic form (in which in case of import notes information on the address of the place of use of samples of seeds and landing material). The application is electronically submitted for the e-mail address of Gosprodpotrebsluzhby: info@dpss.gov.ua, with imposing of the qualified digital signature of the subject of managing.

In case of change of the place of use of the imported samples of seeds and landing material the subject of managing informs on this Gosprodpotrebsluzhbu in any form.

The statement for issue of confirmation is registered Gosprodpotrebsluzhboy in day of its receipt according to article 42 of the Law of Ukraine "About ministerial procedure".

In case when the application for issue of confirmation is submitted with violation of the requirements established by the legislation, the official Gosprodpotrebsluzhby considering case makes the decision on leaving of the statement for issue of confirmation without movement and within three working days from the date of receipt of the statement for issue of confirmation the written notice of leaving directs to the subject of managing applications for issue of confirmation without movement.

In the message on leaving of the statement for issue of confirmation without movement the revealed shortcomings with reference to the violated requirements of the legislation, method and term of remedial action, and also methods, procedure and terms of appeal of the decision on leaving of the statement for issue of confirmation without movement are specified.

In case of elimination of the revealed shortcomings in time, established Gosprodpotrebsluzhboy, the statement for issue of confirmation is considered given in day of its initial representation. At the same time the term of consideration of the case is prolonged for the term of leaving of the statement for issue of confirmation without movement.

Repeated leaving without movement of the statement for issue of confirmation in which the revealed defects specified in the message on leaving of the statement for issue of confirmation without movement are eliminated is not allowed.

The statement for issue of confirmation is not subject to consideration in the cases determined by article 45 of the Law of Ukraine "About ministerial procedure". The decision on refusal in adoption of the statement for issue of confirmation to consideration is made by the official Gosprodpotrebsluzhby who considers case about what it is instantly reported by the subject of managing who submitted the application for confirmation issue (except the anonymous statement).

9. Responsibility for reliability of the data specified in the statement for confirmation issue is born by the subject of managing - the applicant.

In case of filing of application about issue of confirmation by the authorized person of the subject of managing the copy of the document to which the subject of managing (the head of the legal entity or the physical person - the entrepreneur) granted the right to represent its interests is enclosed to such application.

10. The Gosprodpotrebsluzhba no later than five working days from the date of receipt of the statement for issue of confirmation makes the decision on issue to the subject of managing of confirmation and issues it in form according to appendix 1 or makes the decision on reasonable refusal in issue of confirmation in form according to appendix 2.

The exclusive bases for reasonable refusal in issue of confirmation are:

exceeding of the permitted quantitative restrictions on amount of samples of the seeds and landing material imported into Ukraine for selection, research works and exhibiting;

factual determination of submission of false information in the statement for confirmation issue.

The Gosprodpotrebsluzhba has the right to check the data specified in the statement for confirmation issue. For verification of the data specified in the statement for issue of confirmation, Gosprodpotrebsluzhba has the right to request the relevant information from public authorities and local government bodies, to obtain data according to the procedure of general access, special access and electronic information exchange between registers.

11. The Gosprodpotrebsluzhba brings the issued confirmation or the decision on reasonable refusal in issue of confirmation in the Single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli" in the form of the electronic documents certified by the digital signature which is based on the qualified certificate of open key in day of issue of confirmation or decision making about reasonable refusal of confirmation issue and also no later than the next working day after decision making about issue of confirmation or about reasonable refusal in its issue directs (hands) such confirmation or the decision on reasonable refusal in confirmation issue to the subject of managing in any manner, providing availability of proofs of implementation of such direction (delivery).

12. After elimination of the reasons which formed the basis for refusal in confirmation issue, the subject of managing has the right to file repeatedly in Gosprodpotrebsluzhbu petition for confirmation issue.

13. If in five working days from the date of the termination of fixed term Gosprodpotrebsluzhboy in the Single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli" does not bring confirmation or the decision on reasonable refusal in its issue, the subject of managing has the right to import to customs area of Ukraine or export from customs area of Ukraine of samples of seeds and landing material without such confirmation under condition:

presentation to the corresponding state phytosanitary inspector of the copy of the application about confirmation issue (with the description of the accepted documents) with mark about date of its acceptance Gosprodpotrebsluzhboy;

carrying out and observance of all other procedures of phytosanitary control which are required according to the Law of Ukraine "About quarantine of plants".

Confirmation renewal

14. In case of the bases for renewal of confirmation determined by part eight of article 4-1 of the Law of Ukraine "About authorization system in the field of economic activity" the subject of managing shall within five working days from the date of approach of such bases to submit to Gosprodpotrebsluzhbu the application for renewal of confirmation in form according to appendix 3 in paper or electronic form.

Change of the name and the location of the subject of managing or surname, name, middle name (in the presence) and residences of the physical person - the entrepreneur performing import to Ukraine and export from Ukraine of samples of seeds and landing material is not the bases for confirmation renewal.

At the same time in case of approach of such changes the subject of managing who submitted the application for issue of confirmation and/or received confirmation shall report to Gosprodpotrebsluzhbe about such changes in paper or electronic form within five working days from the date of their approach.

At the same time in case of approach of such changes the subject of managing who submitted the application for issue of confirmation and/or received confirmation shall report to Gosprodpotrebsluzhbe about such changes in paper or electronic form within five working days from the date of their approach.

15. The Gosprodpotrebsluzhba within two working days from the date of receipt of the statement for renewal of confirmation makes the decision on its renewal in form according to appendix 4 taking into account the changes specified in the statement for confirmation renewal and no later than the next working day from the date of decision making makes the decision on recognition on renewal of confirmation invalid confirmations which were renewed, in form according to appendix 5.

The Gosprodpotrebsluzhba within two working days from the date of decision making about renewal of confirmation issues it to the subject of managing.

16. Invalid confirmation which was renewed Gosprodpotrebsluzhba introduces data on the renewed confirmation and on recognition in the Single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli" in the form of electronic documents on which the digital signature which is based on the qualified certificate of open key is imposed.

17. Effective period of the renewed confirmation cannot exceed the effective period specified in confirmation that was renewed.

Withdrawal of confirmation

18. Confirmation is cancelled on the bases determined by part seven of article 4-1 of the Law of Ukraine "About authorization system in the field of economic activity".

19. In case of the address of the subject of managing with the statement for withdrawal of confirmation in form according to Appendix 6 in paper or electronic form the decision on withdrawal of confirmation in form according to appendix 7 is made by Gosprodpotrebsluzhboy within five working days from the date of receipt of the statement for withdrawal of confirmation.

20. The Gosprodpotrebsluzhba introduces the decision on withdrawal of confirmation in the Single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli" in the form of the electronic documents certified by the digital signature which is based on the qualified certificate of open key and also no later than the next working day after decision making about withdrawal of confirmation directs (hands) it to the subject of managing in any manner, providing availability of proofs of implementation of such direction (delivery).

Confirmation is terminated in 10 working days from the date of adoption (removal) by allowing body of the decision on withdrawal of such document if other is not provided by the law.

Control of use of samples of seeds and landing material

21. Control of use of samples of the seeds and landing material imported into Ukraine for selection, research works and exhibiting and also of the harvest received from such samples is performed by Gosprodpotrebsluzhboy.

The inspector in the field of seed farming and rassadnichestvo of Gosprodpotrebsluzhby at any stage of carrying out selection, research works and exhibiting has possibility of easy access to the place of cultivation of samples of seeds and landing material and documentation certifying import, seeding (landing) and purpose of these samples, fixes the fact of carrying out such works according to the appointment specified in confirmation about what draws up the statement of use of samples of seeds and landing material in form according to appendix 8.

The first copy of the specified act is provided to the subject of managing, the second - remains at the inspector in the field of seed farming and rassadnichestvo of territorial authority of Gosprodpotrebsluzhby.

22. The subject of managing who received confirmation on import to Ukraine of samples of seeds and landing material for selection, research works and exhibiting:

provides use of samples of seeds and landing material only according to the appointment specified in confirmation;

at any stage of carrying out selection, research works and exhibiting provides to the inspector in the field of seed farming and rassadnichestvo of Gosprodpotrebsluzhby possibility of easy access to the place of crops (landing) of the imported samples;

till February 1 of the year following after year in which import to Ukraine of samples of seeds and landing material for selection, research works and exhibiting is performed shall report in paper or electronic form to Gosprodpotrebsluzhbe about the actual amount of the imported samples of seeds and landing material and their further use (the place of use (cultivation), amount of the received harvest and its use) in form according to appendix 9.

The harvest received from such samples of seeds and landing material is forbidden to be used for crops (landing), except cases of its use for selection and research works.

Appendix 1

to the Procedure

Confirmation on import to Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine for selection, research works and exhibiting and export from Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine

See Appendix 1 (27Kb In original language)

Appendix 2

to the Procedure

Refusal in issue of confirmation on import to Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine for selection, research works and exhibiting and export from Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine

See Appendix 2 (23Kb In original language)

Appendix 3

to the Procedure

The statement for renewal of confirmation on import to Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine for selection, research works and exhibiting and export from Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine

See Appendix 3 (23Kb In original language)

Appendix 4

to the Procedure

The decision on renewal of confirmation on import to Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine for selection, research works and exhibiting and export from Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine

See Appendix 4 (23Kb In original language)

Appendix 5

to the Procedure

The decision on recognition invalid confirmations on import to Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine for selection, research works and exhibiting and export from Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine

See Appendix 5 (23Kb In original language)

Appendix 6

to the Procedure

The plea of nullity of confirmation on import to Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine for selection, research works and exhibiting and export from Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine

See Appendix 6 (23Kb In original language)

Appendix 7

to the Procedure

The decision on cancellation of confirmation on import to Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine for selection, research works and exhibiting and export from Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine

See Appendix 7 (26Kb In original language)

Appendix 8

to the Procedure

The act of use of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine which are imported into Ukraine for selection, research works and exhibiting

See Appendix 8 (23Kb In original language)

Appendix 9

to the Procedure

Information on use of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine which are imported into Ukraine for selection, research works and exhibiting

See Appendix 9 (24Kb In original language)

Approved by the Resolution of the Cabinet of Ministers of Ukraine of August 25, 2023 No. 917

The statement for issue of confirmation on import to Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine for selection, research works and exhibiting and export from Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine

See the Statement for issue of confirmation on import to Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine for selection, research works and exhibiting and export from Ukraine of samples of seeds and landing material of the plant varieties which are not entered in the State register of the plant varieties suitable for distribution in Ukraine (26Kb In original language)

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