Simplified procedure for conducting phytosanitary procedures under the martial law

The Cabinet of Ministers of Ukraine (the “CMU”) continues to respond to the challenges of the martial law by introducing simplified procedures for admitting goods to the Ukrainian market. In particular, a number of measures were introduced by the CMU Resolution No. 398 of 1 April 2022 “Some issues of phytosanitary measures and procedures in martial law” (the “Resolution No. 398”).

Firstly, Resolution No. 398 allows the territorial bodies of the State Service for Food Safety and Consumer Protection (the “State Service”) to exercise their powers according to the principle of extraterritoriality during the martial law. Thus, one can contact any territorial bodies of the State Services and laboratories of such bodies to obtain documents, administrative services, and procedures or conduct a phytosanitary inspection, respectively.

Secondly, for the period of the martial law and within 90 days from the date of its suspension or abolition, Resolution No. 398 allows importing several goods of vegetable origin without examination and phytosanitary inspection envisaged by order of the Ministry of Economy No. 343 of 22 February 2021. This permit covers:

  • vegetables and certain edible roots and tubers (Chapter 07);
  • edible fruits and nuts; citrus or melon peels (Chapter 08);
  • coffee, tea, maté, spices (Chapter 09);
  • cereals (Chapter 10);
  • products of the flour and cereal industry; malt; starches; inulin; wheat gluten (Chapter 11);
  • oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder. (Chapter 12).

A simple internal and/or external inspection is sufficient to import the above goods. Examination and phytosanitary inspection are required only in cases where:

  • phytosanitary certificates and/or phytosanitary certificates for re-export are missing or invalid;
  • the cargo does not comply with the phytosanitary certificate and/or phytosanitary certificate for re-export;
  • infection or signs of contamination or damage of goods by harmful organisms were detected during the state inspection.

Thirdly, Resolution No. 398 allows the movement of certain types of seeds through the territory of Ukraine without the issuance of a quarantine certificate. However, in such cases, persons are required to keep records of such goods and provide relevant information at the request of the State Services.

Finally, the phytosanitary control of accompanying wooden packaging material (headings 4407 and 4415) for products of non-vegetable origin is abolished.

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