Order of the Ministry of Agricultural Policy and Food of Ukraine "About approval of the Procedure for issue of international certificates and other documents which are required the legislation of the country of destination, for loads with foodstuff"

Unofficial transfer (c) Soyuzpravoinform LLC

It is registered

Ministry of Justice of Ukraine

September 13, 2024

No. 1378/42723

ORDER OF THE MINISTRY OF AGRICULTURAL POLICY AND FOOD OF UKRAINE

of July 26, 2024 No. 2252

About approval of the Procedure for issue of international certificates and other documents which are required the legislation of the country of destination, for loads with foodstuff

According to Item 11 parts one of Article 7, of part eight of article 60 of the Law of Ukraine "About the basic principles and requirements to safety and quality of foodstuff", Items 1, of the 2nd comprehensive strategy of implementation of Chapter IV (Sanitary and phytosanitary measures) of the Section IV "The trade and questions connected with trade" Agreements on association between Ukraine, on the one hand, and the European Union, European Atomic Energy Community and their state members from other party approved by the order of the Cabinet of Ministers of Ukraine of February 24, 2016 No. 228-r, 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, ORDER:

1. Approve the Procedure for issue of international certificates and other documents which are required the legislation of the country of destination, for the enclosed loads with foodstuff.

2. To provide to department of state policy in the field of sanitary and phytosanitary measures and food security in the procedure established by the legislation submission of this order on state registration in the Ministry of Justice of Ukraine.

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

4. 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.

Acting minister

T. Vysotsky

It is approved:

First Deputy Minister of digital transformation of Ukraine

O. Vyskub

Acting minister of economy of Ukraine

T.Kachka

The acting as the Chairman of Public service of Ukraine on safety issues of foodstuff and consumer protections

A. Kreytor

Approved by the Order of the Ministry of Agricultural Policy and Food of Ukraine of July 26, 2024, No. 2252

Procedure for issue of international certificates and other documents which are required the legislation of the country of destination, for loads with foodstuff

I. General provisions

1. This Procedure determines the procedure of issue of international certificates and other documents which are required the legislation of the country of destination, for loads with foodstuff and requirements to their filling.

2. Terms in this Procedure are used in the values given in the Laws of Ukraine "About the basic principles and requirements to safety and quality of foodstuff", "About the state control of compliance with law about foodstuff, sterns, by-products of animal origin, health and wellbeing of animals" and "About ministerial procedure".

3. Treat international certificates, in particular:

the international certificate for loads with foodstuff of not animal origin;

the international certificate for loads with foodstuff of animal origin or with composite products;

the preexport international certificate for loads with foodstuff (further - the preexport certificate).

4. The loads with foodstuff which are exported (sent) out of limits of customs area of Ukraine when moving through customs border of Ukraine are followed by originals of international certificates or other documents if such documents are required the country of destination.

5. International certificates or other documents are processed in paper and/or electronic form.

Electronic certification is performed taking into account the recommendations determined by the international organizations, the European Union law and/or countries of destination.

Issue and the circulation of international certificates and other documents are electronically performed taking into account the requirements determined by the Law of Ukraine "About electronic documents and electronic document management" and the Law of Ukraine "About electronic identification and electronic confidential services".

6. International certificates and other documents are issued by the state inspectors, the state veterinary inspectors or authorized persons.

International certificates and other documents which are required the country of destination concerning loads with fish products are issued by the state inspectors, the state veterinary inspectors, captains of the fish-freezing or fishing courts floating under National flag of Ukraine or other authorized persons.

7. Powers on issue of international certificates and other documents are provided to persons specified in Item 6 of this Section (further - persons authorized on issue of international certificates), on condition of lack at them of conflict of interest and successful training by rules of issue of international certificates which make sure the certificate issued by Gosprodpotrebsluzhboy according to the legislation.

The decision on provision of power on issue of international certificates and other documents is drawn up by the order of territorial authority of Gosprodpotrebsluzhby (further - territorial authority).

The territorial authority records persons authorized on issue of international certificates and will promulgate it on the official website.

The Gosprodpotrebsluzhba provides generalization of the list of persons authorized on issue of international certificates, and its promulgation on the official website.

8. In case of issue of international certificates and other documents by persons authorized on issue of international certificates makes sure only that information which is based on basis of direct knowledge of the urgent facts and data, which:

is result of unplanned action of the state control which is exercised according to the appeal of operator of the market for the purpose of establishment of compliance of loads with foodstuff to requirements of the country of destination if such requirements are brought to Gosprodpotrebsluzhby and/or contain in the preexport international certificates issued by Gosprodpotrebsluzhboy;

are documented by other persons who are authorized by Gosprodpotrebsluzhboy and are effective under its observation provided that such facts and data can be checked;

is result of application by operators of the market of own systems and procedures, in particular, which are based on the principles of analysis system of dangerous factors and control in critical points and used in total with results of planned action of the state control.

9. Issue of international certificates and other documents for the loads with foodstuff which are exported (sent) out of limits of customs area of Ukraine is performed only according to the statement of the operator of the market in territorial authority or person authorized on issue of international certificates.

The statement is constituted according to article 40 of the Law of Ukraine "About ministerial procedure" with indication of information, the stipulated in Item 1 Section II of this Procedure and/or certain corresponding form of the international certificate. Documents and/or their copies, according to Item 2 of the Section II of this Procedure are enclosed to the application.

The application can be in writing submitted by the personal appeal of operator of the market or through person authorized by it, is sent by the mailing or submitted electronically, including with use of the Single state web portal of electronic services (further - the Action Portal) (if technically possible).

In case of filing of application by means of the portal action, such application is submitted in any form suitable for perception of its content, taking into account the data determined in the paragraph the second this Item. The data containing in the state electronic information resources turn out/prove to be true by electronic information exchange. In case of absence/non-confirmation this in the state information resources by means of the Action Portal the scanned copies, photocopies of the documents certified by the signature of the subject of the address according to Item 2 of the Section II of this Procedure are enclosed to the application.

The application which is submitted electronically shall conform to requirements of the Law of Ukraine "About electronic documents and electronic document management".

The statement is registered territorial authority in day of its receipt according to requirements of article 42 of the Law of Ukraine "About ministerial procedure".

In case of discrepancy of the statement to requirements, the established Law of Ukraine "About ministerial procedure", and also this Procedure the official of territorial authority considering case makes the decision on leaving of the statement without movement according to article 43 of the Law of Ukraine "On ministerial procedure".

Accuracy of the information, provided in the statement, the operator of the market provides.

10. Administrative proceeedings about issue of international certificates or other documents for the loads with foodstuff which are exported (sent) out of limits of customs area of Ukraine begin from the date of receipt of the statement by the territorial authority or person authorized on issue of international certificates and are performed according to the Law of Ukraine "About ministerial procedure" and this Procedure.

Issue of international certificates or other documents for the loads with foodstuff which are exported (sent) out of limits of customs area of Ukraine is performed within one working day from the date of the appeal of operator of the market, except case if in the country of destination of load require carrying out laboratory researches (testing) before sending the specified load. In that case and in the absence of results of laboratory researches (testing) the term of issue of the international certificate or other document can be prolonged about day of receipt of results of the specified laboratory researches (testing).

In case of lack of information on requirements of the country of destination of rather laboratory researches (testing), international certificates or other documents are issued taking into account results of laboratory researches (testing) conducted within the state control and/or within verification by the operator of the market of the procedures based on the principles of analysis system of dangerous factors and control in critical points (HACCP).

11. The bases for refusal in issue of international certificates or other documents are:

absence in the statement for issue of the international certificate or other documents of information required by this Procedure and/or detection of false information concerning the applicant, the name of form of the international certificate which the operator of the market plans to receive, information of rather special requirements established by competent authority of the country of destination of load (in the presence) provided that the operator of the market is given opportunity to eliminate the defects specified in the message on leaving of the statement without movement, but the operator of the market did not eliminate them;

impossibility of direct survey of load with foodstuff;

establishment by results of action of the state control of discrepancy of load with foodstuff to requirements of the country of destination.

In the decision on refusal in issue of the international certificate or other documents the basis for refusal and the description of the circumstances confirming availability of such basis are surely specified.

12. International certificates or other documents for loads with foodstuff are issued in the form approved by Gosprodpotrebsluzhboy and competent authority of the country of destination (further - agreed form of the international certificate), or in the form established by the country of destination.

In cases if the agreed form of the international certificate is absent or the country of destination the form of the international certificate is not established, international certificates are issued in the forms given in appendices 1-15 to this Procedure.

On load with foodstuff concerning which for date of departure from capacity of origin the country of destination and/or the unknown final vehicle by which it will be transported is not determined the preexport certificate is issued.

In case of availability of agreed forms of international certificates or forms of the international certificates established by the country of destination, preexport certificates on content shall correspond to these forms.

In cases if the agreed form of the international certificate is absent or the country of destination the form of the international certificate is not established, preexport certificates on content shall correspond to the forms given in appendices 1-15 to this Procedure.

International certificates shall:

have unique identification number;

be authentic and exact;

give the chance to identify person which signed them and date of issue;

give the chance it is easy to check communication between the international certificate, body which issued it, the load specified in the international certificate.

International certificates and other documents for loads with foodstuff shall be signed by person authorized on issue of international certificates and are certified by official seal of body or organization. Color of the sign and seal shall differ from color of other text of the international certificate

Person authorized on issue of international certificates shall not sign the empty or not completely completed international certificates.

The Gosprodpotrebsluzhba in the procedure established by the legislation takes proper measures for prevention of issue of false or doubtful international certificates or abuse of international certificates.

13. International certificates or other documents for the loads which are exported (sent) out of limits of customs area of Ukraine fill in Ukrainian and/or English, or language of the country of appointment/transit (if necessary).

The international certificate shall be constituted by one of the following methods:

on one sheet of paper;

on two or more pages which are part of the single and indivisible document;

on two or more pages which numbering reflects their belonging to certain sequence (for example, page 2 of 4 of pages).

If the international certificate consists of two or more pages which are not part of the single and indivisible document, unique identification number is specified on each of these pages. In that case each page shall be signed by person authorized on issue of international certificates and is certified by official seal of body or organization.

When filling international certificates person authorized on issue of international certificates deletes approvals/confirmations of fulfillment of requirements which do not correspond and/or are not applied to load(s).

Person authorized on issue of international certificates makes the copy of the international certificate which was issued in paper form on which the operator of the market gives mark about its obtaining and certifies it the personal signature. The copy of the international certificate is stored within 3 years from date of issue in body or organization which issued it.

After the expiration of storage durations of the copy are destroyed about what the relevant statement is drawn up.

14. Issue of international/preexport certificates or other documents is registered in electronic or paper form in magazines where date of issue of the certificate to whom and on what load with foodstuff it is issued quantity of load, the amount of the received means and the signature of person which issued it is specified.

Magazines shall be numbered, strung together, under seal and certified of paper form by the signature of the head of the body or organization which is responsible for their issue and storage.

15. International certificates or other documents can be issued with use of information and communication system of Gosprodpotrebsluzhby and/or the Traces NT system.

Each international certificate or other document issued with use of information and communication system of Gosprodpotrebsluzhby and/or the Traces NT system has the unique identification number assigned by system.

16. Issue of international certificates and/or other documents is performed on paid basis according to part seven of article 60 of the Law of Ukraine "About the basic principles and requirements to safety and quality of foodstuff".

II. Issue of international certificates for loads with foodstuff of not animal, animal origin and composite products

1. In the statement of the operator of the market or person authorized by it for issue of the international certificate such information is specified:

1) the name of form of the international certificate which the operator of the market plans to receive;

2) name/surname, own name, middle name (in the presence), code it agrees ЕГРПОУ / registration number of accounting card of the taxpayer or series (in the presence) and passport number (for physical person which because of the religious beliefs refused adoption of registration number of accounting card of the taxpayer and officially notified on it the relevant monitoring body), the e-mail address, phone number of the producer;

3) name/surname, own name, middle name (in the presence), code it agrees ЕГРПОУ / registration number of accounting card of the taxpayer or series (in the presence) and passport number (for physical person which on the religious beliefs refused adoption of registration number of accounting card of the taxpayer and officially notified on it the relevant monitoring body), the e-mail address, phone number of the shipper;

4) the name of the country of destination to which export of foodstuff, the receiver/importer is planned;

5) the description of load of foodstuff (the name and quantity, code according to UKT foreign trade activities) and the other information provided by the corresponding form of the international certificate;

6) information on the special requirements established by competent authority of the country of destination of load (in the presence). If such special requirements are unknown to the operator of the market, about it it is noted in the address (statement).

2. The following documents are enclosed to the application:

1) copy of the external economic agreement (contract);

2) copies of the documents certifying load compliance to requirements of the country of destination (for example, results of actions of the state control or results of laboratory researches (testing) of accredited laboratories);

3) transport documents and other documents which are provided by requirements of the importing country;

4) copies of the documents certifying availability of the special requirements established by competent authority of the country of destination of load (in case of availability);

5) the copy of the preexport certificate (in case of its availability) certified by the signature of the applicant with indication of date of such assurance;

6) the document (its copy) confirming introduction of payment for issue of the international certificate.

3. Information and documents specified in Items 1, 2 presents of the Section are provided in case of the registration of the first consignment specified in the relevant external economic agreement (contract), and further - in case of change of information and data in documents.

4. If on capacity on production of the foodstuff intended for export or on capacity from where its sending is planned, planned events of the state control were not held with the frequency determined by the legislation, the operator of the market or person authorized by it files the written application about holding unplanned action of the state control in territorial authority in the location of the corresponding capacity according to Item 8 of the Section I of this Procedure.

Provided that on capacity on production of foodstuff constant state control by persons authorized according to the legislation is exercised, the unplanned event of the state control for the purpose of issue of the international certificate is held only concerning load, by its survey and confirmation of conformity to requirements of the country of destination and/or the legislation of Ukraine.

5. Person authorized on issue of international certificates based on information provided in the statement and documents specified in Item 2 of this Section, direct survey of load with foodstuff and taking into account requirements of Item 8 of the Section I of this Procedure issues the international certificate.

III. Issue of preexport certificates

1. The preexport certificate on load with foodstuff can be issued in the following cases:

if for date of departure from capacity of origin the country of destination is not determined;

if the final car is unknown.

2. The statement of the operator of the market or person authorized by it for issue of the preexport certificate shall contain information specified in Item 1 of the Section II of this Procedure, except for names of the country of destination to which export of foodstuff, and/or data on the vehicle is planned if they are not determined yet by the operator of the market.

3. The documents specified in Item 2 of the Section II of this Procedure in case of their availability are enclosed to the application.

4. Information and documents specified in Items 2, 3 presents of the Section are provided in case of registration of the first consignment, and further - in case of change of information and data in documents.

5. Planned and unplanned actions of the state control for receipt of the market of the preexport certificate by the operator are performed according to the procedure, stipulated in Item 4 Sections II of this Procedure.

6. Person authorized on issue of international certificates based on information provided in the statement and documents specified in Item 3 of this Section, direct survey of load with foodstuff and taking into account requirements of Item 8 of the Section I of this Procedure issues the preexport certificate.

IV. Replacement (renewal) of international certificates or other documents

1. Replacement (renewal) of the International or preexport certificate or other document is performed according to the statement of the operator of the market according to Item 9 of the Section I of this Procedure by issue of the new international/preexport certificate with simultaneous cancellation earlier issued only on the following bases:

1) in case of assumption of technical mistake (grammatical slip, printing, arithmetic or other mistake) in earlier issued international/preexport certificate or other document;

2) if earlier issued international/preexport certificate or other document were damaged or lost;

3) in case of change of information urgent on date of issue of the international certificate / the preexport certificate or other document, for the reasons independent from the face, issued it if such change makes impossible further its use, except change of information on identification of load, its traceability and guarantees specified in the source document.

2. In the statement on replacement of the international certificate or other document the operator of the market notes one of the bases specified in Item 1 of this Section for its replacement, number and date of issue of the international certificate or other document which is cancelled.

3. Are enclosed to the application:

original of the International or preexport certificate or other document (in the presence);

documents are specified in Item 2 of the Section II of this Procedure if information specified in them became the basis for replacement of the international/preexport certificate or other document.

4. Issue of the new international certificate or other document in the conditions of need of introduction in it of changes, regarding change of information on the consignee, the importer is performed in the presence of the documents confirming such need of which the authorized person on issue of international certificates did not know previously.

In case of change of the border crossing point of the country of destination the new international certificate is issued based on the statement of the operator of the market with indication of the bases of such change.

Changes cannot be connected with information on change of the applicant.

5. Issue of the new international or preexport certificate or other document in the conditions of damage or loss of previously issued document, is followed by complete duplication of information which was specified in the damaged or lost document.

6. Unique identification number is assigned to the international or preexport certificate or other document replacing previously issued and are specified current date of its issue, and also unique identification number and date of previously issued International or preexport certificate and the mark "replacement" is given.

7. The international or preexport certificate or other document which was replaced with new is cancelled with indication of about it in information and communication system of Gosprodpotrebsluzhby and/or the Traces NT system.

The director of the department of state policy in the field of sanitary phytosanitary measures and food security

A.Pivovarov