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Ukraine of Live Animals, Their Reproductive Material, Food Products of Animal Origin and Products Not Intended for Human Consumption 2 MINISTRY OF AGRARIAN POLICY AND FOOD OF UKRAINE EXECUTIVE ORDER ______________________ Kyiv No. ______ On approving the Requirements for importing (sending) into the customs territory of Ukraine of live animals, their reproductive material, food products of animal origin and products not intended for human consumption. In execution of Articles 3 and 30 of the Law of Ukraine "On Veterinary Medicine," Article 15 of the Law of Ukraine "On Main Principles and Requirements to Safety and Quality of Food Products," Articles 3, 4, 6 and 8 of the WTO Agreement on Sanitary and Phytosanitary Measures, Articles 59, 64 and 65 of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand, paragraph 34 of the Action Plan for implementation of Title IV “Trade and Trade Related Matters” of the Association Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand for 2016-2019 approved by Resolution of the Cabinet of Ministers of Ukraine of 18 February 2016 No. 217-r , subparagraph 2 of paragraph 4 of the Regulation on the Ministry of Agrarian Policy and Food of Ukraine approved by Resolution of the Cabinet of Ministers of Ukraine of 25 November 2015 No. 1119 I HEREBY ORDER: 1. To approve the Requirements for importing (sending) into the customs territory of Ukraine of live animals, their reproductive material, food products of animal origin and products 3 not intended for human consumption. 2. To declare void the Order of the State Department of Veterinary Medicine of Ukraine, the Ministry of Agrarian Policy and Food of Ukraine, of 14/06/2004 No. 71 "On Approving Veterinary Requirements to Import to Ukraine of Objects of State Veterinary and Sanitary Control and Supervision" registered with the Ministry of Justice of Ukraine on 23 June 2004, No. 768/9367. 3. The Department of Livestock shall ensure the submission in accordance with the established procedure of this Order for registration with the Ministry of Justice of Ukraine. 4. This Order shall take effect after three months from the day following the day of its official publication. 5. Control over fulfillment of the Order shall be charged with the First Deputy Minister Ya. V. Krasnopolskyi. Minister T. V. Kutovyi Approved Order of the Ministry of Agrarian Policy and Food of Ukraine _________________________No___________ 4 REQUIREMENTS For importing (sending) into the customs territory of Ukraine of live animals, their reproductive material, food products of animal origin and products not intended for human consumption. Section І. Definition of Basic Terms 1.1. The terms used in these Requirements shall have the following meanings: 1) equivalent requirements shall mean the requirements of legislation of the exporting country (country of origin) ensuring the equal or higher level of protection of health and life of persons and animals as compared to the requirements of Ukraine or international standards, instructions and recommendations; 2) compartment shall mean an animal subpopulation of one or several farms with a single biological safety management system having a separate veterinary and sanitary status with respect to one or several diseases for which supervision, control and biological safety measures have been introduced for the purposes of international trade; 3) competent authority of the exporting country (country of origin) shall mean the appropriate authority of this country endowed with powers of organizing and carrying out state control over the observance of legislation on food products, products not intended for human consumption, on health and wellbeing of animals; 4) competent authority of Ukraine shall mean a central executive authority implementing the government policy in area of safety and some indicators of quality of food products as well as that in the area of veterinary medicine; 5) products not intended for human consumption shall mean by-products of animal origin not intended for human consumption, products of processing and recycling of by-products of animal origin not intended for human consumption, hay, straw and fodder; 6) region (zone) shall mean a clearly delineated part of the territory of the country, which animal subpopulation has a veterinary and sanitary status that is different from the veterinary and sanitary status of the country with respect to the disease for which supervision, control and biological safety measures have been introduced for the purposes of international trade; 7) animal subpopulation shall mean a part of the population of animals having some special (different) characteristics of animal health; 1.2. Other terms shall have the meanings defined by the Law of Ukraine "On Veterinary Medicine," the Law of Ukraine "On Main Principles and Requirements to Safety and Quality of Food Products," the Law of Ukraine "On Animal By-Products not Intended for Human Consumption." The term "country of origin" shall have the meaning defined by the Customs Code of Ukraine. The term "identification number" shall have the meaning defined by the Law of Ukraine "On Identification and Registration of Animals." Section II. General Provisions 2.1. Bringing into the customs territory of Ukraine of live animals (except domestic animals, sports animals, circus and other animals intended for shows, for entertainment and educational purposes), of their 5 reproductive material as well as bringing (sending) to the customs territory of Ukraine the products not intended for human consumption shall be possible from the facilities (objects) included in the register of facilities (objects) for import to Ukraine. 2.2. A facility (object) shall be included in the register of facilities (objects) for import to Ukraine specified in paragraph 2.1 of this Section: 1) based on the results of state control of such facility (object) carried out by a competent authority of Ukraine in accordance with the procedure established by legislation of Ukraine; 2) or the exporting country provides written guarantees of its ensuring regular and effective control of such facility (object) with a view to ensuring the compliance with the requirements of legislation of Ukraine. 2.3. Written guarantees by the exporting country specified in subparagraph 2 of paragraph 2.2 of the present Section shall be considered by the competent authority of Ukraine in the event of carrying out the assessment of the effectiveness of the veterinary administration in the exporting country conducted in accordance with the requirements of current legislation of Ukraine or if such a country has entered into an agreement on equivalence. 2.4. Bringing (sending) into the customs territory of Ukraine of food products of animal origin shall be possible from the countries and facilities included in the register of countries and the register of facilities from which food products of animal origin may be brought to the territory of Ukraine. 2.5. The inclusion of countries and facilities in the registers specified in paragraph 2.4 of this Section shall be carried out in accordance with the requirements of current legislation of Ukraine based on the results of an inspection of the system of state control in the exporting country and/or an inspection of facilities in accordance with the procedure established by current legislation of Ukraine, or in the case the history is available of bringing into the territory of Ukraine of food products of animal origin. 2.6. The competent authority shall resolve on the recognition of the veterinary and sanitary status of the region and/or compartment established in the territory of the exporting country in accordance with the following procedure: 1) the competent authority of the exporting country shall provide the competent authority of Ukraine with written information regarding the veterinary and sanitary status, the procedure for the establishment and organizational support for the functioning of the region and/or compartment; 2) the competent authority of Ukraine is conducting an analysis and verification of the information specified in subparagraph 1 of the present paragraph for its compliance with the requirements of the Terrestrial Animal Health Code of the World Organization for Animal Health (OIE) and the OIE Aquatic Animal Health Code or equivalent requirements; 3) if necessary, the competent authority of Ukraine shall submit a request to the competent authority of the exporting country for obtaining additional information and/or conducting an inspection and/or taking other measures of state control in accordance with the requirements of current legislation of Ukraine; 4) inspections and/or other measures of state controlspecified in subparagraph 3 of the present paragraph shall include a verification of the measures of the exporting country regarding the maintaining of the veterinary and sanitary status, the procedure for the establishment and organizational support for the functioning of the region and/or compartment depending on the epidemiology of a specific disease (environmental factors, the application of biological security measures, the availability of some species of live animals susceptible to certain kinds of diseases); 6 5) based on the results of the measures of government control specified in subparagraph 2-4 of the present paragraph, the competent authority of Ukraine shall resolve on recognizing or refusing to recognize the veterinary and sanitary status of the
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