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ORDER OF THE MINISTRY OF AGRICULTURAL POLICY AND FOOD OF UKRAINE

of September 26, 2023 No. 1710

About approval of the Procedure for providing official and prototypes of landing material of grade

According to Article part six 20, to Article part two 27, of parts four and the fifth Article 29, of part three of article 48 of the Law of Ukraine "About protection of the rights to plant varieties", 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 February 17, 2021 No. 124, and for the purpose of reduction of regulatory legal acts in compliance with requirements of the legislation of Ukraine I ORDER:

1. Approve the Procedure for providing official and prototypes of landing material of grade which is applied.

2. Recognize to invalid:

the order of the Ministry of Agricultural Policy and Food of Ukraine of October 26, 2017 No. 576 "About approval of the Instruction for ensuring with prototypes examination of the request for plant variety", registered in the Ministry of Justice of Ukraine on February 26, 2018 at No. 232/31684;

the order of the Ministry of Agricultural Policy and Food of Ukraine of May 26, 2022 No. 306 "About approval of the Procedure for obtaining, accounting, storage, use and updating of samples of landing material of subject of the request of plant varieties", registered in the Ministry of Justice of Ukraine on July 5, 2022 at No. 739/3807.

3. To provide to department of agrarian development submission of this order on state registration in the Ministry of Justice of Ukraine in the procedure established by the legislation.

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

5. To impose control over the implementation of this order on the deputy minister of agrarian policy and food of Ukraine according to distribution of obligations.

Approved by the Order of the Ministry of Agricultural Policy and Food of Ukraine of September 26, 2023, No. 1710

Procedure for providing official and prototypes of landing material of grade

I. General provisions

1. This Procedure determines delivery procedure and requirements to official and to prototypes of grades which are provided for the purposes of qualification examination of grade, long-term storage.

2. In this Procedure terms are used in the following values:

VOS-kvalifikatsionnaya examination of grade on distinction, uniformity and stability;

pilot sample sample of landing material which is provided for conducting qualification examination of grade;

depersonalization method of implementation of utilization official and prototype of grade that makes impossible its further reproduction and use of plant variety;

expert organization - the company authorized by Competent authority, organization, the organization on accomplishment of separate powers in the field of the rights to plant varieties according to the Law of Ukraine "About protection of the rights to plant varieties";

personal electronic account - electronic service which is component of the automated information system of Competent authority for ensuring information electronic exchange between Competent authority, expert organization and the applicant;

competent body - the central executive body providing forming and realizing state policy in the field of protection of the rights to plant varieties;

field storage - the parcel of land of structural divisions of expert organization on which storage of the official samples breeding vegetativno is provided;

PSP-kvalifikatsionnaya examination of grade on suitability for distribution in Ukraine;

the structural division division determined by expert organization on accomplishment of certain actions for registration of accompanying documents, accounting official and prototypes, verification of accompanying documents, carrying out preparatory work on packing, packaging, delivery of such samples to branches or separate divisions in which qualification expertize of grade or their storage (long-term storage) is carried out;

the storage of seeds rooms with the regulated mode of temperature and humidity of air equipped with the special equipment providing long-term storage of official samples of grades.

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

3. Official and prototypes of grades it is forbidden to use with any other purpose, except Ukraine provided by the Laws "About protection of the rights to plant varieties", "About seeds and landing material" and this Procedure.

II. Providing with prototypes for qualification examination of grade and official sample

1. Delivery official and prototype is performed by the applicant or his representative based on the notification on adoption of the request for grade to consideration, import of prototypes of grade for the purposes of qualification examination of grade and official sample, in form according to appendix 1 to this Procedure (further - the notification).

2. To the applicant the notification on adoption of the request for grade to consideration, import of prototypes of grade for the purposes of qualification examination of grade and official sample (with indication of number and date of application for grade and necessary quantity of samples) within 20 calendar days from the date of application for grade and payments of collection for its giving goes.

3. For carrying out the following stages of qualification examination of grade (the second and the next years of examination of grade), the competent authority issues the notification within 10 calendar days after receipt from the applicant of the document certifying payment of collection for conducting qualification examination of the request for plant variety.

If official and the prototype is not imported by the applicant because of limits of customs area of Ukraine, the notification is issued to the applicant by expert organization if it on it was authorized by competent authority.

4. For grade prototypes for the purposes of qualification examination of grade and official sample which are imported into Ukraine the certificates certifying high-quality and sowing qualities of seeds or high-quality and commodity qualities of landing material are not required.

5. The competent authority introduces the notification on adoption of the request for grade to consideration, import of prototypes of grade for the purposes of qualification examination of the grade and official sample in the Single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli" in electronic form certified by the qualified digital signature in day of issue of the notification.

6. Verification of presence of the notification is performed by the state phytosanitary inspector during phytosanitary control of prototypes of grade which are imported into Ukraine for the purposes of qualification examination of grade and official sample according to the Procedure approved by the resolution of the Cabinet of Ministers of Ukraine.

7. Information on notification availability, can be provided to the state phytosanitary inspector in paper form or by means of the Single state information web portal "Edinoye Okno Dlya Mezhdunarodnoy Torgovli".

8. In case of lack of the notification, official and the prototype of grade which are imported into Ukraine for the purposes of qualification examination of grade is subject to detention by the state phytosanitary inspector before provision of such notification. In case of impossibility of provision of such notification the state phytosanitary inspector makes the decision on return out of limits of customs area of Ukraine official and prototype of grade which are imported into Ukraine for the purposes of qualification examination of grade.

9. The applicant on a grant basis provides delivery official and prototype of grade in the quantity specified in the message.

10. Official and the prototype of landing material depending on botanical taxon can be provided by seeds or landing material. The size (I will eat around) official and prototype of grade for the purposes of qualification examination of grade it is determined according to appendix 2 to this Procedure.

For plant varieties of the childbirth which is not referred to the list and types of plants which grades pass the examination on PSP and on VOS in expert organizations, the Competent authority approved by the order (further - the List) only official samples move.

If the grade belongs to the list, official and prototype are delivered in structural division which location is specified in the message.

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