Analysis of the Resolution of the Cabinet of Ministers of Ukraine dated October 25, 2024, No. 1229
General Purpose
The Resolution of the Cabinet of Ministers of Ukraine No. 1229 dated October 25, 2024, amends the existing Procedure for conducting inspections, phytosanitary examinations (analyses), repeated phytosanitary (arbitration) examinations (analyses), supervision, surveys, monitoring, disinfection of regulated objects, issuance of certificates as provided by the Law of Ukraine “On Plant Quarantine,” and control over the inspection process regarding sample selection and selective control over the conduct of phytosanitary examinations (analyses).
Main Changes to the Procedure
1. Amendments to the Procedure for Conducting Phytosanitary Procedures
The resolution updates the definitions of terms and procedures used in the Procedure, including the specification of documents, electronic services, data exchange systems, and standards for conducting examinations.
2. Definition of Terms
New terms have been introduced and previous ones clarified in the definitions section. For example:
- Sampling Act Document: A document that confirms the sampling during inspection or examination.
- Arbitration Phytosanitary Laboratory: A state laboratory authorized to conduct repeated examinations.
- PHIS System: An information system for managing phytosanitary procedures.
- ePhyto Certificate: An electronic phytosanitary certificate issued through the PHIS system.
3. Administrative Proceedings
New provisions regarding the conduct of administrative proceedings in matters provided by the Procedure have been added, in accordance with the Law of Ukraine “On Administrative Procedure.” It is specified that documents may be submitted in both paper and electronic form, with mandatory certification by a qualified electronic signature or the handwritten signature of an authorized person.
4. Phytosanitary Procedures and Certification
Phytosanitary procedures conducted by a state phytosanitary inspector are documented in the PHIS system. In the case of a paper form, the document is prepared in two copies with the inspector’s signature and seal.
5. Owner’s Initiative for Conducting Phytosanitary Procedures
The owner of the regulated object may initiate the conduct of phytosanitary procedures by submitting an appropriate application or notification to the territorial body of the State Food and Consumer Service. The application must comply with the requirements of Appendices 2 and 3 of the Procedure.
6. Agreement on the Timing of Procedures
The state phytosanitary inspector has two working hours to agree on the earliest possible time for conducting the procedure after receiving the application. If the inspector cannot be present, the procedures are carried out by a specialist from a private phytosanitary laboratory.
7. Order for Phytosanitary Measures
In the event of a threat of the spread of harmful organisms or non-compliance of objects with phytosanitary measures, the state phytosanitary inspector issues an order through the PHIS system. In paper form, the order is prepared in two copies, and in electronic form, it is signed with a qualified electronic signature.
8. Notification of Non-Compliance
Upon receiving a notification of non-compliance with phytosanitary measures, the State Food and Consumer Service conducts an investigation into the circumstances and informs exporters and phytosanitary laboratories. The results of the inquiry are communicated to the foreign national plant protection organization of the country from which the notification was received.
9. Conducting Phytosanitary Control
Phytosanitary control includes verification of the validity of certificates, compliance of documents with requirements, and correctness of procedures performed. In case of violations, certificates may be canceled or deemed counterfeit.
10. Phytosanitary Examination
Phytosanitary examinations are conducted in accordance with international standards ISO/IEC 17025 and DSTU ISO 17025. During the examination, a report and conclusion are prepared, which may be presented in paper or electronic form. The conclusions of the examinations are approved by the laboratory director or an authorized representative.
11. Selective Control
The State Food and Consumer Service conducts selective control over phytosanitary examinations at any stage. This ensures the quality and compliance of the procedures carried out with established standards.
12. Issuance of Phytosanitary Certificates
Phytosanitary certificates and re-export certificates are issued through the PHIS system. If necessary, they may be issued in paper form with the inspector’s seal and signature or in electronic form as ePhyto certificates transmitted through the ePhyto HUB system.
13. Cancellation and Refusal to Issue Certificates
In cases of detected violations or non-compliance, the State Food and Consumer Service has the right to cancel certificates or refuse to issue them. All decisions are documented in written or electronic form with indications of the grounds for the decision and the possibility of appeal in accordance with the legislation.
14. Requirements for the Content of Certificates
Certificates must contain detailed information, including the approval mark, document title, data of the phytosanitary laboratory, information about the applicant, methods of conducting the examination, results, and additional information if necessary. For ePhyto certificates, additional requirements regarding electronic formats and data exchange systems are provided.
15. Appendices to the Procedure
Amendments have been made to Appendices 2, 3, 7, 10, 14, 15, 15-1, 16, 17, as well as to points 75, 78-80, 83, 85-86, 90, 103-106, 109-113, 118-128. These changes include clarifications of document requirements, the addition of new forms, changes to terms, and clarifications of procedures for the issuance and verification of certificates.
Features of Electronic Interaction
The changes significantly enhance the role of electronic systems in phytosanitary procedures. The introduced PHIS system ensures the automation of processes, electronic data exchange, and integration with international ePhyto HUB systems. This contributes to increased efficiency and transparency of phytosanitary control.
Responsibility and Control
The resolution strengthens control over the implementation of phytosanitary measures, establishes clear requirements for laboratory accreditation, defines procedures for the cancellation and refusal to issue certificates, and establishes the responsibility of officials for violations of procedures.
Conclusion
Resolution No. 1229 introduces significant changes to phytosanitary regulation in Ukraine, aimed at improving processes of inspection, examination, and issuance of certificates. The implementation of electronic systems and clarification of procedures contribute to an increased level of plant protection from harmful organisms and ensure compliance with international standards.
