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1.

Notifying Member: Ukraine

If applicable, name of local government involved:  

2.

Agency responsible: State Veterinary and Phytosanitary Service of Ukraine

3.

Products covered (provide tariff item number(s) as specified in national schedules deposited with the WTO; ICS numbers should be provided in addition, where applicable): Plants and parts thereof, plant products, storage place, packaging, transportation vehicles, containers, soil and any other organism, objects or material capable of withstanding or spread of regulated pests

4.

Regions or countries likely to be affected, to the extent relevant or practicable:

[X]    All trading partners  

[ ]      Specific regions or countries:  

5.

Title of the notified document: The draft Law of Ukraine "On amendments to Law of Ukraine on plant quarantine" (on reformation the system of state regulation in the field of plant quarantine and bringing phytosanitary measures in conformity with international standards and obligations)  Language(s): Ukrainian  Number of pages: 4

http://search.ligazakon.ua/l_doc2.nsf/link1/JH1G300A.html

http://w1.c1.rada.gov.ua/pls/zweb2/webproc4_1?pf3511=53738

6.

Description of content: The draft Law of Ukraine amends the Law of Ukraine "On plant quarantine", aimed at reforming the system of state regulation in the sphere of plant quarantine and bringing phytosanitary measures in line with international standards and obligations.

7.

Objective and rationale: [ ] food safety, [ ] animal health, [X] plant protection, [X] protect humans from animal/plant pest or disease, [X] protect territory from other damage from pests.  

8.

Is there a relevant international standard? If so, identify the standard:

[ ]      Codex Alimentarius Commission (e.g.  title or serial number of Codex standard or related text)  

[ ]      World Organization for Animal Health (OIE) (e.g. Terrestrial or Aquatic Animal Health Code, chapter number)  

[ ]      International Plant Protection Convention (e.g. ISPM number)  

[ ]      None

Does this proposed regulation conform to the relevant international standard? 

[ ] Yes   [X] No

If no, describe, whenever possible, how and why it deviates from the international standard:

1.  Amendments to Articles 1, 26, 29, 39 of the Law of Ukraine "On plant quarantine", aimed at implementation of separate lists of objects regulation: import, export, re-export and control for transportation through the territory of Ukraine, as following:

      1.1.  ISPM 5 Glossary of phytosanitary terms, ISPM 10 Requirements for the establishment of pest free places of production and pest free production sites, ISPM 12 Phytosanitary certificates, ISPM 17 Pest reporting, ISPM 19 Guidelines on lists of regulated pests, ISPM 20 Guidelines for a phytosanitary import regulatory system, ISPM 23 Guidelines for inspection as for the term "object of regulation".

      1.2.  ISPM 32 Categorization of commodities according to their pest risk as for categorization of commodities according to the phytosanitary risk. This conception is based on whether the product was processed or not and if so, determines the method and level of processing, planned products usage and its potential risk for introduction and spread of regulated pests.

      1.3.  Point 1.7 (Discrimination) of the ISPM 1 Phytosanitary principles for the protection of plants and the application of phytosanitary measures in international trade: Contracting Parties shall apply phytosanitary measures without discrimination among comparing national and international phytosanitary situations.

      1.4.  The IPPC text is stressing on:

               -    phytosanitary measures should be technically justified, transparent and should not be applied in such a way as to constitute either a means of arbitrary or unjustified discrimination or a disguised restriction, particularly on international trade;

               -    Contracting parties may require the application of phytosanitary measures for quarantine pests and regulated non-quarantine pests, provided that such measures are: a) no more stringent than measures applied to the same pests, if they are presented within the territory of the importing contracting party (Article VI 1a).

2.  Amendments to Article 10 of the Law of Ukraine "On Plant quarantine" which aimed at the exclusion the rights of phytosanitary inspector to intercept the consignments in the case of non-compliance of regulated objects to phytosanitary requirements that contradict to the International Plant Protection Convention. Since subparagraph b) of paragraph 1 of Article VII of the IPPC determined that the Contracting Parties may refuse to import or detain, or request the treatment, destruction or removal from the territory of a Contracting party of plants, plant products and other objects of regulation or its consignments that do not meet phytosanitary measures required or taken under subparagraph (a).

3.  Amendments to Articles 12 and 27 of the Law of Ukraine "On Plant quarantine" are aimed at implementation of declarative principle of individuals registration who implement the economic activity, connected to production and turnover of regulated objects, contradict to the requirements of ISPM 14 The use of integrated measures in a system approach for pest risk management, ISPM 15 Regulation of wood packaging material in international trade. Business entities that are included in the registers in the sphere of plant quarantine shall correspond to certain requirements and criteria.

4.  Amendments to Article 33 of the current wording of the Law of Ukraine "On plant quarantine" on obligatory cancellation of quarantine regime within 1 year after its implementation could complicate realization of Subparagraph 3.3, Point 3 of the ISPM 9 Guidelines for pest eradication programmes. At this stage is foreseen check by the NPPO criteria for pest eradication, established at the beginning of the programme. These criteria can specify the method of detection and duration of surveillance to check the absence of pest.

9.

Other relevant documents and language(s) in which these are available:

The Law of Ukraine "On plant quarantine" as of 30 June 1993 # 3348-XII

http://zakon4.rada.gov.ua/laws/show/3348-12

Resolution of the Cabinet of Ministers of Ukraine "On some issues of implementation of the Law of Ukraine "On Plant Quarantine" as of 12 May 2007 # 705

http://zakon2.rada.gov.ua/laws/show/705-2007-%D0%BF Ukrainian

10.

Proposed date of adoption (dd/mm/yy): To be determined.

Proposed date of publication (dd/mm/yy): To be determined.

11.

Proposed date of entry into force: [ ] Six months from date of publication, and/or (dd/mm/yy): From the date of publication.

[ ]      Trade facilitating measure  

12.

Final date for comments: [X] Sixty days from the date of circulation of the notification and/or (dd/mm/yy): 6 June 2015

Agency or authority designated to handle comments: [X] National Notification Authority, [X] National Enquiry Point. Address, fax number and e?mail address (if available) of other body:

Ministry of Economic Development and Trade of Ukraine

01008, Kyiv, 12/2 M. Hrushevskoho str.

Tel/Fax: +(380 44) 596 6839

E-mail: ep@me.gov.ua

13.

Text(s) available from: [X] National Notification Authority, [X] National Enquiry Point. Address, fax number and e?mail address (if available) of other body:

Ministry of Economic Development and Trade of Ukraine

01008, Kyiv, 12/2 M. Hrushevskoho str.

Tel/Fax: +(380 44) 596 6839

E-mail: ep@me.gov.ua