On 1 April 2022, the Cabinet of Ministers of Ukraine adopted Resolution No.398 "Some issues of implementation of phytosanitary measures and procedures in the conditions of martial law" amending the legislation in the field of quarantine and plant protection during martial law.
According to the Resolution during martial law:
- Territorial bodies of the State Service of Ukraine on Food Safety and Consumer Protection (hereinafter – the "SSUFSCP") exercise their powers on the principle of extraterritoriality.
The person has the right of his own choice
- apply for and receive documents, administrative services and phytosanitary procedures in any territorial body of the SSUFSCP
- apply for phytosanitary examination (analyses) to any phytosanitary laboratory, which belongs to the management of the SSUFSCP
- The phytosanitary control of imports of goods belonging to groups 07-12 according to UKTZED (mainly agricultural products of plant origin) has been simplified by implementing only inspection (visual examination) without sampling and phytosanitary examination (analysis).
- As an exception, full phytosanitary control by methods of inspection, examination (including sampling) and phytosanitary examination (analysis) is carried out in the following cases:
- phytosanitary certificates and / or phytosanitary certificates for re-export are absent or invalid
- the cargo does not correspond to the information contained in the phytosanitary certificate and/or phytosanitary certificate for re-export
- the inspection revealed infection (signs of infection) or damage to cargo by harmful organisms
- Phytosanitary control of accompanying wooden packaging material, classified under codes 4407 and 4415 according to UKTZED (pallets, packing cases, boxes, etc.), for goods that do not belong to plants and products of plant origin, is not being implemented.
In this case, if a person transports such goods without a quarantine certificate, this person is obliged to keep their records in the form approved in the annex to this Resolution. At the request of the SSUFSCP, such information is submitted no more than once a month.
At the same time, the simplification and abolition of phytosanitary measures and procedures mentioned above do not apply to cases of inspection of crops and establishment of phytosanitary status of seeds, which are carried out at the request of the person.
It should be noted that not only Ukraine facilitates procedural requirements for the circulation of goods, but also some EU countries.
The Commission for Emergencies of the Republic of Moldova by decision No.12 of 25 March 2022 established that for the duration of the state of emergency in Moldova (introduced on 24 February 2022 for 60 days) copies of certificates of origin CT-1 (in paper or electronic format), issued by the authorized bodies of Ukraine, have the same force as their originals. In this case, the Moldovan customs authorities should be provided with a Declaration on the obligation to submit original certificates of origin of goods CT-1 after the end of the state of emergency. The form of such a declaration is posted on the official website of the Ministry of Economy of Ukraine.
For more information, please contact Asters` Counsel Anzhelika Livitska and Associate Victoria Kurus.
