Phytosanitary control in Ukraine, Compliance with Non-tariff Regulations
The phytosanitary control (quarantine of plants) - the system of measures directed on protection of territory of Ukraine from penetration of quarantine and other dangerous materials, illnesses of plants and weeds (quarantine objects) which can lead to substantial damages to a national economy of Ukraine. The phytosanitary control extends on all quarantine materials, objects and vehicles which arrive to Ukraine.
Under control objects - objects which enter into a category quarantine materials and objects supervised by experts of public service in quarantine of plants (vehicles, premises, etc.)
The quarantine certificate - the document which issued by public service on quarantine of plants of Ukraine, contains the information on a phytosanitary condition of production subject to transportation in the country, and defines conditions of preparation, export, transportation, preservation, processing, realisation and its use.
The phytosanitary certificate - the official document which certifies phytosanitary condition of quarantine material according to phytosanitary rules, and issued by the state bodies on quarantine and protection of plants of the country-exporter.
The central state body on quarantine of plants is the Main state inspection on quarantine of plants of Ukraine with the Central research quarantine laboratory and Central department of the Ministry of Agriculture and the foodstuffs of Ukraine.
To the phytosanitary control subject all quarantine materials and objects which cross frontier of Ukraine and border of special quarantine zones.
Import to Ukraine of quarantine materials is carried out at submission of:
• The phytosanitary certificate which issued by the state bodies on quarantine and protection of plants of the country-exporter;
• The quarantine permission to import which issued by the Main state inspection on quarantine of plants of Ukraine.
Customs clearance of cargo is made only after realisation of the phytosanitary control.
The sample of the phytosanitary certificate and an order of its registration are defined by the Main state inspection on quarantine of plants of Ukraine according to the established international conventions.
During realisation of the quarantine control the Main state inspector on quarantine of plants of Ukraine, Republic of Crimea and city of Kiev, state inspector have the right to detain for carrying out of phytosanitary examination quarantine materials and the objects which have been taken out without quarantine certificates from territory where the special quarantine mode is established, or imported from abroad without the quarantine permission.
Import to Ukraine from other countries is forbidden:
• Cargo, seeds of plants, vegetative production, the industrial goods, containers, packing materials and others under control and quarantine materials which are infected by quarantine objects (according to the national List of quarantine materials, illnesses of plants and weeds which affirmed by the Ministry of Agriculture and the foodstuffs of Ukraine).
• Activators of illnesses of plants, cultures of live mushrooms, bacteria, viruses, insects, pincers, which damage plants, except for samples for scientific experiences.
• Soil, live plants with a root and underground parts of plants with a ground.
• Seed material of agricultural crops, potato, landing material and fruit, wood and decorative cultures from the countries where illness of plants and weeds which are quarantine for Ukraine, for the purpose of use for industrial crops and plantings.
• Seeds and material of all plants in luggage of passengers, members of planes and other vehicles.
The phytosanitary certificate should be at transport documents which accompany quarantine cargo. Import quarantine materials from the countries which have no state bodies on quarantine and protection of plants, is authorised without the phytosanitary certificate with previous registration of the quarantine permission to import. On occasion, in coordination with Main state inspector on quarantine of plants of Ukraine, import without the quarantine permission, but with a condition of carrying out of the phytosanitary control in point of crossing of frontier and with the phytosanitary certificate of the country-exporter is allowed:
• Samples of seeds and landing material of plants that arrive as a scientific exchange for the National centre of genetic resources of plants.
• Commodity samples of agricultural production and raw materials which arrives for the foreign trade of Ukraine (should not to exceed 5 kg).
Quarantine materials which arrive for the international exhibitions, are subject to the phytosanitary control and examination in a place of carrying out of exhibitions. After the termination of exhibitions such exhibits are subject to returning in the country from which they have been delivered. At revealing goods forbidden to import or infected by quarantine objects, it is subject to returning, disinfecting or destruction. In cases of carrying out of the exhibitions, each concrete case is co-ordinated with Main state inspector on quarantine of plants of Ukraine.
Quarantine and under control materials which are imported into Ukraine and also transit cargo and containers in points of crossing of frontier of Ukraine (sea, river ports, the airports, the railway, autostations) are subject to the phytosanitary control by the state inspectors on quarantine of plants. Quarantine and under control materials are subject to secondary quarantine examination, and customs clearance - in the presence of the coordination of the state inspector of phytosanitary service.
Transit quarantine and under control materials are transported on territory of Ukraine only in covered and sealed vehicles (cars, motor vans, containers, refrigerators, etc).
The expenses connected with carrying out of examination of vehicles, under control and quarantine materials, carrying out of quarantine examination, registration and delivery of necessary quarantine documents, fumigation, decontamination, and other methods of disinfecting or destruction under control and quarantine materials, and also with opening and sealing cargo, luggage, their delivery to places of disinfecting are paid by the owner of the cargo.
Order of import and transit of quarantine and under control materials
For issuance of the quarantine permission to import (transit), importers should not later than 5 days prior to the beginning of import or transit submit to the Main state inspection on quarantine of plants of Ukraine demand for registration of the quarantine permission for import or transit. Criteria refusal in granting the quarantine permission:
• Infringement of quarantine requirements at realisation of imports;
• The material arrives from the country of distribution of objects which are quarantine for Ukraine;
• Import does not coincide with terms and a geographical arrangement of places in the quarantine permission;
• It is impossible to disinfect or process material which is infected;
• There is no possibility of placing of a seed or landing material on quarantine check;
• Grades or hybrids of a seed and landing material have not passed tests of the State commission of Ukraine on test and protection of grades of plants;
• There is no consent of Ministry of Agriculture and Food Production of Ukraine.
At import of a seed and landing material it is necessary to have the consent of Ministry of Agriculture and Food Production and the coordination of the State commission of Ukraine on test and protection of grades of plants (according to Position On an import order to Ukraine and export from Ukraine of seeds and a landing material of plants).
The previous phytosanitary control is certified by the certificate of the phytosanitary control quarantine and under control materials, vehicles, and also sampling for quarantine examination with simultaneous sampling in duplicate: one - for consignee, and second - for a frontier point on quarantine of plants.
Export quarantine materials for borders of territories of frontier in the country are allowed only in the presence of the quarantine permission and the quarantine certificate which issued on each transport unit in four copies.
Containers which contain quarantine materials should be accompanied by the phytosanitary certificate of the country - of the exporter and meet the requirements, which are provided by quarantine permissions to import and transit. Each container should be accompanied by the specification with the full list of materials.
Containers which contain under control materials authorised to import into Ukraine without quarantine permissions to import and transit. Containers with quarantine and under control materials with transit goods on territory of Ukraine should be sealed in the first point of import are subject to external survey without opening.
Transportation by containers of a landing material is forbidden. Import of seed material in containers is authorised only from the countries not dangerous to Ukraine. Each special case of such type of transportation should be co-ordinated with Main state inspector on quarantine of plants of Ukraine.
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