Cabinet of Ministers of Ukraine
RESOLUTION
as of 12 May 2007 No. 705
Kyiv
On certain issues in terms of implementation of the Law of Ukraine
"On Plant Quarantine"
{ With changes pursuant to Resolutions of the CM N 992 (992-2009-п) as of 09.09.2009 N 236 (236-2010-п) as of 01.03.2010 N 853 (853-2011-п) as of 10.08.2011 }
Pursuant to articles 4, 16, 26 and 37 of the Law of Ukraine"On Plant Quarantine" (3348-12) the Cabinet of Ministers of Ukraine resolves as follows:
- To approve as attached:
The procedure of survey, examination, analysis, fumigation (disinfection) and inspection (execution of a phytosanitary and quarantine certificate) of regulated articles in the field of plant quarantine;
A procedure of executing a quarantine certificate;
A list of regulated articles in the field of plant quarantine.
2. To recognize to be null and void:
Resolution of the Cabinet of Ministers of Ukraine as of 26 May 2004 No 672 (672-2004-п) "On approval of the procedure on inspection, survey, analysis, examination and disinfection of materials subject to quarantine and articles, as well as the list thereof" (Official Journal of Ukraine, 2004, N 21, pages 1421);
Resolution of the Cabinet of Ministers of Ukraine as of 15 February 2006 N 156 (156-2006-п) "On amendments to resolution of the Cabinet of Ministers of Ukraine as of 26 May 2004 N 672" (Official Journal of Ukraine, 2006, N 7, pages 369).
3. The state veterinary and phytosanitary service: {ident one of paragraph 3 with changes entered pursuant to Resolution of the CM No.853 (853-2011-п) as of 10.08.2011}
To provide for granting quarantine and phytosanitary certificates, phytosanitary certificates for re-export, quarantine permits exclusively to an applicant or his/her authorized person;
By rendering paid services listed by the CM of Ukraine not to allow any other payments but for the stated ones for certain services.
{ The resolution was amended with paragraph 3 pursuant to Resolution of the CM N 236 (236-2010-п) as of 01.03.2010 }
Іndex 22
Approved by Resolution
of the Cabinet of Ministers of Ukraine
as of 12 May 2007 N 705
PROCEDURE
on survey, examination, analysis, fumigation (disinfection),
and inspection (execution of a phytosanitary and quarantine
Certificate) of regulated articles in the field of plant quarantine
{ In the text words "State service on plant quarantine" and "The State inspector on plant quarantine" are replaced with "State veterinary and phytosanitary service" and "State phytosanitary inspector" respectively in line with Resolution of the CM N 853 (853-2011-п) as of 10.08.2011 }
1. This Procedures defines performance of survey, examination, analysis, fumigation (disinfection) and inspection (execution of a phytosanitary and quarantine certificate) of regulated articles in the field of plant protection.
2. In this Procedure the definitions are introduced in the meaning stated in article 1 of the Law of Ukraine "On plant quarantine" (3348-12).
3. Regulated articles which are brought beyond the customs territory of Ukraine (also for export), moved and/or brought in a quarantine zone, are subject to examination by a state phytosanitary inspector.
4. Examination of regulated articles stipulates conducting inspections during which samplings are withdrawn for the purposes of a phytosanitary testing.
5. Regulated articles shall be examined provided they are stored, concentrated (agglomerated) and segregated in maritime ports and inland harbours, railway stations, terminals and automobile transport terminalsof regulated articles.
6. To provide for sampling withdrawal during examination of seeds, planting,perennial plantings, warehouse premises they use pheromone traps, baitsand trapping bands.
7. To define a phytosanitary state of regulated articles, state phytosanitary inspectors proceed with regular examinations of agricultural lands and forested lands, plant quarantine points and their adjacent territories (three km zone), circulation of regulated articles.
8. Examination is performed by a state phytosanitary inspectorduring a growing period of cultivated plants with a following frequency:
Each six months – in production places or manufacturing sites where the status of regulated articles free from hazardous organisms is officially confirmed and maintained;
Each year – by economic entities which grow elite seeds and planting material, at state strain-testing stations, fruit tree nurseries, plant introduction and quarantine nurseries, quarantine greenhouses of botanic gardens, as well as in territories where a quarantine regime is introduced;
Every other year – by economic entities which produce and treat agricultural products on lands of entities with no quarantine organisms identified and adjacent territories.
Examination results are filed under an act.
9. In order to identify hazardous organisms, quarantine laboratories of the State veterinary and phytosanitary service follow up phytosanitary testing which comprises:
Analysis of phytosanitary stateof regulated articles aimed at identifying hazardous organisms;
Determining kinds of identified hazardous organisms;
Preparation of a conclusion on quarantine significance of detected hazardous organisms.
10. Seeds and seed materials brought in the territory of Ukraine are subject to seeding and planting in quarantine permitted areas or in special nurseries and greenhouses for detection of cryptic contamination of planting materials and implementation of health measures under surveillance of a state phytosanitary inspector.
11. A conclusion of a phytosanitary testing is granted under results of an analysis on available hazardous organisms within three days after submitting a sample of a regulated article for an analysis, and the next day - for planting stock, cuttings, flowering bulbs, tubers.
12. By a complex analysis(microbiological, bacteriological, virusological, helminthic) in terms of available hazardous organisms a conclusion on phytosanitary testing shall be provided within 30 days after submitting a sample of a regulated article for an analysis.
13. Based on results of phytosanitary testing of each sample of regulated articles and based on an assessment of detected hazardous organisms, a state phytosanitary inspector determines the phytosanitary state of a lot of regulated articles and makes a decision on employing phytosanitary measures.
14. Infested hazardous organisms of regulated articles which are brought beyond the customs territory of Ukraine or a quarantine zone are subject to treatment or fumigation(disinfection).
Fumigation (disinfection) of regulated articles in the field of plant quarantine shall proceed pursuant to the law of Ukraine.
15. Regulated articles, including means of transportation, agricultural machinery, equipment and technique which are transmitted through the state border or quarantine zones, are subject to inspections, in the event hazardous organisms are detected – subject to treatment or fumigation(disinfection).
16. Organization and control over treatment and fumigation(disinfection) of regulated articles which are transmitted through the state border and quarantine zones are performed by state phytosanitary inspections.
{ par. 16 with changes pursuant to Resolution of the CM N 853 (853-2011-п) as of 10.08.2011 }
17. In the event regulated articles are brought beyond the customs territory of Ukraine or quarantine zones, treatment or fumigation (disinfection) of regulated articles shall be made in shipping places or directly in transport vehicles.
In the event a consignment (comprises certain lots of regulated articles) is brought out of the customs territory of Ukraine, treatment or fumigation (disinfection) can proceed in warehouse premises, places of concentration (agglomeration) of such a lot.
18. After treatment or fumigation (disinfection) of regulated articles, their phytosanitary state is defined by a state phytosanitary inspector based on inspection results and phytosanitary testing.
By fumigation (disinfection) of regulated articles in conveyance means during transfer, their phytosanitary state is defined by a state phytosanitary inspector based on a relevant act drawn up by an economic entity, which made this fumigation (disinfection) and an owner of regulated articles.
19. Regulated articles, excluding ship equipment, ship spare parts and outfits, shall be brought beyond the customs territory of Ukraine, including by means of re-export, under presence of a phytosanitary certificate or a phytosanitary certificate for re-export, issued by a body of the State veterinary and phytosanitary service for each lot brought in conveyance means.
{ Paragraph 19 with changes entered pursuant to Resolution of the CM N 992 (992-2009-п) as of 09.09.2009 }
20. A phytosanitary and quarantine certificate shall be granted under results of phytosanitary measures.
21. To obtain a phytosanitary certificate of a phytosanitary certificate for re-export a relevant body of the State veterinary and phytosanitary service shall be provided with:
An application under a form established by the Ministry of Agrarian Policy;
A document which confirms changes for granting a phytosanitary certificate or phytosanitary certificate for re-export; {ident three of paragraph21 in the wording of Resolution of CM N 236 (236-2010-п) as of 01.03.2010 }
{ Ident four of paragraph 21 included based on Resolution of CM КМ N 853 (853-2011-п) as of 10.08.2011 }
{ Ident five of paragraph 21 is excluded based on Resolution of CM N 853 (853-2011-п) as of 10.08.2011 }
Within five calendar days after receiving the mentioned documents a state phytosanitary inspectorproceeds with phytosanitary measures and issues to an applicant or his/her authorized person a phytosanitary certificate or a phytosanitary certificate for re-export, or sends a justified rejection to grant it. { Ident six of paragraph 21 in the wording of Resolution of CM N 236 (236-2010-п) as of 01.03.2010, N 853 (853-2011-п) as of 10.08.2011 }
The validity period of a phytosanitary certificate and a phytosanitary certificate for re-export amounts to 14 days.
A phytosanitary certificate and a phytosanitary certificate for re-export shall be executed in 2 counterparts: the first one is granted to an applicant, the second one is kept with the body of the State veterinary and phytosanitary service which issued it, and shall be stored as a strictly accountable document.
22. A phytosanitary certificate and a phytosanitary certificate for re-export shall contain the followinginformation:
A name, patronymic name, surname, place of permanent residence of an exporter of regulated articles – for a physical person-entrepreneur;
Full name and place of an exporter of regulated articles – for a legal entity;
Registration number of a certificate;
A name, patronymic name, surname, place of permanent residence of an importer of regulated articles – for a physical person-entrepreneur;
Full name and place of an importer of regulated articles – for a legal entity;
Name of a national organization on quarantine and plant protection which issued a certificate;
Name of a country – importer of regulated articles;
Place of origin of regulated articles (country, region, district etc.);
APlant quarantine point operating in an entry point on the state border, through which regulated articles will be brought beyond the customs territory of Ukraine;
A conveyance mode with indication for overseas transportation – a name of a ship, barge; for railway–a carriage number; for automobiles –a vehicle number;
Description of a package;
labelling, sealed on regulated articles, or a mark on its absence;
name of regulated articles and their quantity;
code of a regulated article according to UkrainianClassification ofGoodsfor Foreign Economic Activity(2371а-14,2371б-14,2371в-14,2371г-14);
botanical name of a plant (Latin);
supplementary information on phytosanitary measures necessary for the entry of regulated articles to an importing country;
treatment method of regulated articles: fumigation(disinfection), drying and other methods;
by fumigation (disinfection) a certain performance date shall be defined;
chemical and itsrationing if it was used by fumigation(disinfection) of regulated articles;
exposure (time) and temperature during which fumigation (disinfection) of regulated articles was performed;
supplementary information on conducting fumigation (disinfection) or other treatment;
date and place of granting a certificate.
A certificate shall be signed by a state phytosanitary inspector and sealed as duly executed.
23. A quarantine certificate shall be granted for regulated articles in the following cases:
Transportation of imported regulated articles which were stored, re-packed, divided, mixed with other consignments;
Moving or bringing of regulated articles into a quarantine zone.
By movement of regulated articles which were produced in production places or manufacturing sites, where it is officially confirmed and maintained that they have a status of regulated articles free from regulated hazardous organisms, a quarantine certificate shall be issued under inspection results without sampling withdrawal and phytosanitary testing.
24. An owner of consignment with regulated articles shall present a lot of the stated articles for phytosanitary procedures to a state phytosanitary inspector, not later than five calendar days prior to shipping or sending thereof.
25. A quarantine certificate accompanies each lot of regulated articles transported in a conveyance means.
A validity period of a quarantine certificate amounts to 14 days.
26. To obtain a quarantine certificate a relevant body of the State veterinary and phytosanitary service shall be provided with the following:
An application in a form established by the Ministry of Agrarian Policy;
A document which confirms the payment for issuing a quarantine certificate;
{Ident four of paragraph 26 excluded based on Resolution of CM N 853 (853-2011-п) as of 10.08.2011 }
27. Within five calendar days after documentssubmission a state phytosanitary inspector performs phytosanitary procedures and grants a quarantine certificate or sends a justified rejection to grant the latter to an applicant or his/her authorized person.
{Paragraph27 in the wording of Resolutions of CM N 236 (236-2010-п) as of 01.03.2010, N 853 (853-2011-п) as of 10.08.2011 }
28. A quarantine certificate is executed in three counterparts: the first one is obtained by an applicant;the second one shall be sent to a body of the State veterinary and phytosanitary service where regulated articles are transmitted; the third one shall be left with a body of the State veterinary and phytosanitary service which issued it and shall be kept as a strictly accountable document.
29. A quarantine document shall contain the following information:
A name of a body of theState veterinary and phytosanitary service which issued a quarantine certificate
{ident two of paragraph 29 with changes entered pursuant to Resolution of the CM N 853 (853-2011-п) as of 10.08.2011 }
Registration number of a certificate;
A name, patronymic name, surname, place of permanent residence of an owner (consignor, consignee) of regulated articles – for a physical person-entrepreneur;
Full name and place of an owner (consignor, consignee) of regulated articles – for a legal entity;
Name of regulated articles;
Quantity of regulated articles;
Lot size of regulated articles or the weight thereof;
Conveyance mode with indication for overseas transport–a name of a ship, barge; for railway–number of a carriage; for automobile transport–a vehicle number;
Dispatch station and destination station (for railway), name, place of performance and requisites;
Information on a phytosanitary state of regulated articles and performance of phytosanitary procedures;
Conditions set by shipping, sending, transportation, receipt and use of regulated articles;
Date and place of granting a quarantine certificate, as well as its validity period.
A certificate shall be signed by a state phytosanitary inspector and sealed as duly executed.
Approved by resolution of the
Cabinet of Ministers of Ukraine
as of 12 May 2007 N 705
Procedure on completing
a quarantine permit
{ In the text words "Main State inspection on plant quarantine" shall be replaced with "State veterinary and phytosanitary service" respectively in line with Resolution of the CM N 853 (853-2011-п) as of 10.08.2011 }
1. Import and transit of regulated articles through the territory of Ukraine shall proceed upon availability of a quarantine permit. A quarantine permit shall be issued by the State veterinary and phytosanitary service.
2. In this Procedure the definitions are introduced in the meaning stated in article 1 of the Law of Ukraine "On plant quarantine" (3348-12).
3. To obtain quarantine permit the State veterinary and phytosanitary service shall be provided with the following documents not later than five days prior to entry of regulated articles in the territoryof Ukraine:
An application under a form established by the Ministry of Agrarian Policy;
A copy of a document confirming the payment for granting a quarantine permit;
A copy of an agreement according to which regulated articles will be brought to Ukraine;
{ ident five of paragraph three was excluded based on Resolution of the CM N 853 (853-2011-п) as of 10.08.2011 }
{ ident six of paragraph three was excluded based on Resolution of the CM N 853 N 853 (853-2011-п) as of 10.08.2011 }
4. Within five days the State veterinary and phytosanitary service reviews documents submitted by an applicant or his/her authorized person and issues a quarantine permit or sends a justified rejection to grant the latter.
{ Paragraph4 in the wording of Resolutions of the CM N 236 (236-2010-п) as of 01.03.2010, N 853 (853-2011-п) as of 10.08.2011 }
5. A quarantine permit shall be granted for each declared lot of regulated articles for the period of not more than six months.
6. A quarantine permit shall be executed in two counterparts: the first counterpart shall be granted to an applicant, the second shall be kept with a body which has issued it as a strictly accountable document.
7. A quarantine document shall contain the following information:
A name of a body which issued a quarantine permit;
A registration number of a permit;
A name, patronymic name, surname, place of permanent residence of a recipient of regulated articles – for a physical person-entrepreneur;
Full name and place of a recipient of regulated articles – for a legal entity;
A country from which regulated articles are moved out and a country of destination in the event of transit through the territory of Ukraine;
A code in line withUkrainianClassification ofGoodsfor Foreign Economic Activity(2371а-14,2371б-14,2371в-14,2371г-14) and a name of a regulated article, its quantity(separately for each type);
A list of quarantine organisms from which a regulated article shall be free during its entry;
Phytosanitary requirements to regulated articles which shall be fulfilled in the entry point;
A plant quarantine point which is operating in the entry point on the state border through which a regulated article is brought to the territory of Ukraine;
A list of mandatory quarantine measures which proceed within the zone of a customs control or upon place of destination of regulated articles;
A ground for executing a quarantine permit and its validity period.
A quarantine permit shall be signed by the Chief state phytosanitary inspector or his/her deputy and sealed in line with paragraph 7 in the wording of Resolution of the CM N 853 (853-2011-п) as of 10.08.2011 }
Approved by Resolution of the
Cabinet of Ministers of Ukraine
as of 12 May 2007N 705
A list of regulated articles
In the field of plant quarantine
|Code in line with Name of a regulated article |
| Code Classification |
| ( 2371а-14, | |
| 2371б-14, | |
| 2371в-14, | |
| 2371г-14 ) | |
|------+------|
|0601 |bulbs, tubers, turberous roots, corms, |
| |crowns and rhizomes including |
| |coronal roots, dormant, |
| |in growth or in flower;chicory plants and roots|
| |other than roots of heading 1212 |
| | |
|------+------|
|0602 |Other live plants (including their roots), |
| |cuttings and slips;mushroom spawn |
|------+------|
|0603 |Cut flowers and flower buds of a kind suitable
| |for bouquets or for ornamental purposes, fresh,|
| |dried (except bleached, dyed, impregnated or |
| |otherwise prepared) |
|------+------|
|0604 |Foliage, branches and other parts of plants, |
| |without flowers or flower buds, grasses, mosses |
| |and lichens, being goods of a kind sustainable |
| |for bouquets or for ornamental purposes, fresh,
bleached, dyed, impregnated or otherwise prepared
| |) |
|------+------|
|0701 |Potatoes, fresh or chilled |
|------+------|
|0702 00 00 00 |Tomatoes, fresh or chilled |
|------+------|
|0703 |Onions, shallots, garlic, leeks and other |
| |alliaceous vegetabables, fresh or chilled |
| | |
|------+------|
|0704 |Cabbages, cauliflowers, kohlrabi, kale |
| |and similar edible brassicas |
| |fresh or chilled |
|------+------|
|0705 |Lettuce (Lactuca sativa) and chicory |
| |(Cichorium spp.), fresh or chilled |
|------+------|
|0706 |Carrots, turnips, salad beetroot, salsify, |
| |celeriac, radishes and similar edible roots, |
| |fresh or chilled |
|------+------|
|0707 00 |Cucumbers and gherkins, fresh or chilled |
|------+------|
|0708 |leguminous vegetables, shelled or unshelled,
| fresh or chilled
|------+------|
|0709 |Other vegetables, fresh or chilled |
|------+------|
|0712 |Dried vegetables, whole, cut, sliced, broken or |
| |in powder, but not further prepared |
|------+------|
|0713 |Dried leguminous vegetables,shelled, whether |
| |or not skinned or split |
| | |
|------+------|
|0714 |Manioc, arrowroot, Jerusalem artichokes, sweet |
| |potatoes and similar roots and tubers with high |
| |starch or inulin content, fresh, chilled, frozen|
| |or dried, whether or not sliced or in the form |
| |of pellets, sago (except for chilled) |
|------+------|
|0801 |Coconuts, Brazil nuts and cashew, fresh or dried|
| |whether or not shelled or peeled |
| | |
|------+------|
|0802 |Other nuts, fresh or dried, whether or not shelled
| |or peeled |
| | |
|------+------|
|0803 00 |Bananas, including plantains, fresh or dried |