Establishment of an Agricultural Standards Certification and Control Mechanism in line with wto-sps requirements
Establishment of an Agricultural Standards Certification and Control Mechanism in line with wto-sps requirements
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Establishment of an Agricultural Standards Certification and Control Mechanism in line with WTO-SPS Requirements
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This project is funded bythe European Union
A project implemented by
GFA Terra Systems GmbHand T?V Nord
^ The European Union’s Tacis programme for Ukraine
Establishment of an agricultural standards certification and control mechanism in line with WTO-SPS requirements
Project No. EuropeAid/114025/C/SV/UASPS legislative gap analysis - planning tool for future legal component project interventionsAuthors:
Oleksandr Polivodskyy Legal Expert and Richard Moody Legal Expert
Your contact persons
with GFA Terra Systems:Holger Afflerbach (Project Manager)
Heinz-W. Strubenhoff (Project Director) Ukraine
Establishment of an agricultural standards certification and control mechanism in line with WTO-SPS requirements
Project N° EuropeAid/114025/C/SV/UASPS legislative gap analysis - planning tool for future
legal component project interventions
Richard Moody International Short Term Legal Expert
Oleksandr Polivodsky Local Long Term Legal expert
Disclaimer The contents of this publication is the sole responsibility of Richard Moody and Oleksand Polivodsky /GFA Terra Systems and can in no way be taken to reflect the views of the European Union.
GFA Terra Systems GmbH
Eulenkrugstrasse 82
22359 Hamburg
Telephone: 06-171
Telefax: 06-179
E-Mail: Europa@gfa-terra.de
Table of contents
1) Introduction 4
^ <span class="submenu-table" id=") Key previous SPS legislation gap analysis activities 4
3) Donor and NGO activity in the sphere 4
ii) UEPLAC 6
iii) DFID – Ukraine Trade Policy Project 6
v) CIDA Trade Policy and Capacity Building in Ukraine 6
vi) Tacis Application of a Foreign Trade Regime: Standards, Technical Regulations and Conformity Assessment in Ukraine 7
vii) Ukrainian league of food producers. 7
^ <span class="submenu-table" id=") International legislation relevant to harmonization of Ukrainian SPS legislation: 8
5) Current legislative situation in Ukraine 8
6) Conclusions 12
Areas covered by current or planned donor and other activity 12
7) Recommendations 16
Annex 1 17
1) Introduction Various donors have been and continue to be active in the WTO SPS regulatory sphere. In order to be able to avoid duplication and to identify activities which are appropriate and timely for the project to undertake, it is essential to have an overview of what has been done what is being done and what is planned.^ Aim - To produce a planning tool for future legal component project interventions
Identifying activities which support progress towards the objective of harmonisation of Ukrainian legislation in line with WTO SPS requirements and EU
Identify those activities currently not already undertaken, ongoing or planned which may usefully be undertaken with the resources of the project.
2) Key previous SPS legislation gap analysis activities 1) Tacis UK04 - Sanitary and Phytosanitary measures in Ukraine. Commentary on the strategic plan of measures for SPS.
2) USAID - diagnostic analyses of the existing SPS laws in Ukraine. Non-compliant aspects of 11 laws WTO SPS relevant laws identified.
3) UEPLAC – scoreboard. Key conceptual and institutional areas of EU non-compatibility identified.^
3) Donor and NGO activity in the sphere Key projects:
ii) Tacis - EUPLAC
iii) DFID – Ukrainian Trade Policy P
iv) World Bank Dutch Grant - commencing October ;
v) CIDA Trade Policy and Capacity Building in U
vi) Tacis Application of a Foreign Trade Regime: Standards, Technical Regulations and Conformity Assessment in Ukraine.
Ukrainian league of food producers. i) USAID project:
Completed two diagnostic analyses of the existing SPS laws in Ukraine and provided recommendations to bring the regime into full conformity with the SPS Agreement. Assisted the relevant ministries in understanding the recommendations and the need to comply with the SPS Agreement.
Assisted in establishing SPS working group and legal drafting groups to implement SPS reform.
Assisted the SPS Working Group in drafting amendments to the following 11 laws to bring the legal regime at the Law level into conformity with the SPS Agreement:
The Law of Ukraine “On the Quality and Safety of Food Products and Food Raw Materials” (Vidomosti of VR, 1998, #19, page 98);
The Law of Ukraine “On Veterinary Medicine” (Vidomosti of VR, 1992, #36, page 53);
The Law of Ukraine “On Plant Quarantine” (Vidomosti of VR, 1993, #34, page 352)
The Law of Ukraine “On State Regulation of Import of Agricultural Products” (Vidomosti of VR, 1997, N 44, p.281)
The Law of Ukraine “On Ensuring Sanitary and Epidemiological Well-being of the Population” (Vidomosti of VR, 1994, N 27, p.218);
The Law of Ukraine “On Foreign Economic Activity” (Vidomosti of VR, 1991, № 29, page 377);
The Law of Ukraine “On Pesticides and Agrochemicals” (Vidomosti of VR, 1995, № 14, page 91);
The Law of Ukraine “On Protection of Population from Infectious Diseases” (Vidomosti of VR, 200, N29, p.228);
The Law of Ukraine “On Plant Protection” (Vidomosti of VR, 1998, № 50-51, page 310);
The Law of Ukraine “On Licensing of Certain Types of Economic Activities” (Vidomosti of VR, 2000, № 36, page 299); and
Code of Ukraine “On Administrative Violations” (Vidomosti of Verkhovna Rada of the USSR, 1984, annex N 52 page 1122).
Provide assistance and support throughout the legislative process of adoption of these laws at all levels (ministerial, Cabinet, and Parliament). This will include (i) reviewing comments and proposals for amending these laws and providing advice in this respect and (ii) conducting seminars and workshops to assist in understanding these draft amendments particularly at the Parliament.^ B. SPS Enquiry and Notification Point (SPS E&N Point):
Accomplished:
Assisted the Ministry of Economy and European Integration (MEEI) in preparing a draft Council of Ministers Resolution for establishing the SPS E&N Point at the MEEI.
Provide advice and support for the adoption of this draft resolution.^ C. SPS Measures on Imported Goods
Accomplished:
Completed survey and analysis of all SPS measures (sanitary, veterinary, and phytosanitary) applied on imported goods currently in force in Ukraine. Provided recommendations to eliminate certain measures, to limit the scope of other measures, to limit mandatory analysis to the level of risk for certain goods, and to put certain measures through a program of harmonization with international organizations (OIE, Codex, and IPPC).Planned:Assist the relevant ministries in (i) understanding the recommendations connected with SPS measures, (ii) in implementing legislation to eliminate and/or limit the scope of certain measures, and (iii) in formulating a harmonization program.D. SPS Documentation to the WTO: Questions / Working Party Report and ACC/8Accomplished:
Assisted in replying to working party questions on SPS
Assisted in reviewing the Draft Working Party Report section on SPS
Assisted in preparing ACC/8 (conformity checklist for SPS)
Planned:Continue to assist in replying to any new SPS-related questions and revising the Draft Working Party report section on SPS.^
ii) UEPLAC
Project is working on approximation of Ukrainian legislation to EU principles. They have developed scoreboards to illustrate the degree of conformity of Ukrainian legislation with the principles of EU legislation. Outputs relevant to the project sphere include: On Aspects of Trade in Ukraine: Assessment and Policy Implications, Analysis of compliance of service sector (Financial markets) with WTO requirements, Evaluation of the Adaptation of Ukrainian Legislation in the context of WTO accession, Ukraine-WTO: the Mechanism and Socio-economic Effects of Co-operation. Specifics of Service Sector Operation Following Accession to the WTO, Standardization and certification, Consumer’s protection and SPS measures. Consumer Protection Principles and Objectives of the sector (Prepared by: Roksolana Khanyk-Pospolitak, Dr. H.-H. Herrnfeld) November, 2003. Protection of Health and Life of Humans, animals and plants (prepared by Inna Shyrocova and Dr.H.D.Kuschel); ^
iii) DFID – Ukraine Trade Policy Project
Review of key SPS draft laws in light of relevant EU law.iv) World Bank Dutch Grant - commencing October
Will continue the process of verification of WTO compliance of current and proposed draft legislation. ^
v) CIDA Trade Policy and Capacity Building in Ukraine
Aiming to increase the capacity of the academic/institutional partner to provide educational programs on trade policy
to increase the growth in Ukraine of a pool of trade policy and trade law specialists for potential recruitment by the public and to build linkages between the trade policy and law communities in Canada, Ukraine and the rest of the world.^
vi) Tacis Application of a Foreign Trade Regime: Standards, Technical Regulations and Conformity Assessment in Ukraine
Considering in particular laws on liability for defective products, on general product safety and on applications of technical regulations. vii) Ukrainian league of food producers.
Ukrainian NGO provides assistance to state bodies (including Parliament group’s committees) to develop Ukrainian policy and legislation in the sphere. They produced the paper “On extreme need of reforming of legislation in the sphere of quality and safety of foodstuff and raw materials. It contains analysis of Ukrainian legislation and steps to be done to reform it and approximate to WTO-SPS requirements and EU legislation. ^
4) International legislation relevant to harmonization of Ukrainian SPS legislation:
WTO Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement) - It sets out the basic rules for food safety and animal and plant health standards and is the main legally binding act in the sphere for members of WTO.
^ Key international documents which are not legally binding but in fact are applicable according to the requirements of SPS agreement:
International standards for Phytosanitary measures – prepared by the Secretariat of the - International Plant Protection Convention to achieve international harmonization of Phytosanitary measures, with the aim to facilitate trade and avoid the use of unjustifiable measures as barriers to trade,
The Animal Health Code (Office International Des Epizooties) is an international reference on animal health that is recognized in the SPS Agreement.
The Manual of Standards for Diagnostic Tests and Vaccines and the Diagnostic Manual for Aquatic Animal D
Code Alimentarius – a series of food standards and related texts created jointly by FAO and WHO comprising: food stand codes of hygienic or te
limits fo guideli food and veterinary drugs evaluated.
5) Current legislative situation in Ukraine The key SPS principles of adequacy, scientific justification, non-discrimination, harmonisation, equivalence, risk assessment, regional differentiation and transparency have in the past not been included in legislation in the SPS sphere in Ukraine. In order to ensure the legislation is compliant with WTO SPS agreement obligations, not only will these principles need to be included into the primary laws, but also developed and expanded into secondary legislation and institutional and systematic arrangements.The Law of Ukraine “^ On Ensuring Sanitary and Epidemiological Safety of the Population1” of 24.02.1994 is a key legal act that regulates sanitary measure in Ukraine. The issue is also covered by certain other laws and bylaws in the public health area. Important to note that in Ukraine, the term “sanitary” refers only to protection of health and life of humans, whereas this term as applied in international documents, in particular, WTO SPS Agreement, and in the EU legislation, includes also the veterinary aspect.The state veterinary and sanitary surveillance and control over economic agents’ activities related to slaughter of animals, processing, storage, transportation and distribution of animal products (raw materials, raw food and products, foodstuffs included) are implemented in accordance with the following Laws of Ukraine: “On Veterinary Medicine2” No. 2498-XII of 25 June 1992 (with amendments); “On Liability of Enterprises, Institutions and Organizations for the Breach of Veterinary Medicine Legislation”; “On Quality and Safety of Foodstuffs and Raw Food Products3”; “On Withdrawal from Circulation, Processing, Recycling, Disposal or Further Use of Defective and Dangerous Products”; also with rules, instructions, decrees and orders of the Chief State Veterinarian of Ukraine and with other legal regulations.Under Ukrainian legislation, the state veterinary and sanitary control and surveillance are executed by the public administration authorities, namely by the State Departments for Veterinary and Sanitary Medicine of the Ministry of Agricultural Policy of Ukraine and local units thereof: the Veterinary and Sanitary Departments in the Autonomous Republic of Crimea, regions of Ukraine, in the cities of Kyiv and Sevastopol, regional centres, districts, and by specially appointed veterinarian officers acting under authority of the State Department for Veterinary and Sanitary Medicine.The Law of Ukraine “^ On Veterinary Medicine” establishes the general framework for the operation of veterinary medicine and veterinary and sanitary quality and safety requirements to animal, or — in the case of products sold at public markets — also of plant products. The Law also provides for legal approximation with the EU legislation in the field of veterinary medicine and for unification of preventive, anti-epizootic measures and methods of animal disease detection.Ukraine is a member of the International Epizootic Office, an independent international organization listed in the WTO Agreement on Sanitary and Phytosanitary Measures. Ukraine joined FAO this year and work on joining Codex Alimentarius Commission is ongoing. In particular, the National Commission on Codex Alimentarius was established in 1999. It is supposed to fulfil coordinating functions in the area of norm setting, regulation and standardisation of foodstuffs by their quality and safety indicators, as well as regarding fulfilment of FAO/WHO membership commitments of Ukraine. However, so far the National Commission on Codex Alimentarius has not demonstrated any considerable results of its activity.The Ministries of Public Health and Foreign Affairs have been included into the list of the central executive authorities responsible for fulfilment of commitments from Ukraine’s membership in international organizations, by the Resolution of the Cabinet of Ministers of Ukraine (CMU) No.1145 of 24 July 2003. These ministries are responsible for the issue of fulfillment of the Codex Alimentarius Commission membership commitments of Ukraine. At the same time, there are some important issues within the competence of the Commission, which are also dealt with by.13 the Ministry of Agricultural Policy and State Committee for Technical Regulation and Consumer Policy. Therefore, there are grounds to expect that the problem of delimitation of powers will be settled soon. Ukraine’s accession to the Codex Alimentarius Commission will bring the country closer to international standards of food safety, as the Codex Alimentarius is mentioned in the WTO SPS Agreement as an international reference on food safety.It is also envisaged that Ukraine will, in the nearest future, make its decision regarding ratification of the ^ International Plant Protection Convention. It should be noted however that Ukraine has acceded to the European Convention for the Protection of Vertebrate Animals Used for Experimentation and other Scientific Purposes. Phytosanitary measures implemented in Ukraine are regulated by: the Law of Ukraine “On Quarantine of Plants4” of 30.06.1993 (as last amended by the Law of Ukraine of 3 April 2003 to come in force since 01.01.2004); Statute of the State Phytosanitary Service of Ukraine, as approved by the CMU Resolution No. 892 of 28.10.1993; Rules of Phytosanitary Border Control in Ukraine, and other regulations. The Main State Phytosanitary Inspection (UkrGolovDerzhKarantin) of the Ministry of Agricultural Policy of Ukraine has been assigned by the Government of Ukraine the competent state body in charge of phytosanitary regulation.Starting from 27 January 1994, the Main State Phytosanitary Inspection of Ukraine is a member of the European & Mediterranean Plant Protection Organisation (EPPO), which unites more than 40 countries, EU Member States included. Phytosanitary measures taken in the member states of these international organisation are based on the EPPO international standards. The membership in this organisation provides Ukraine with a real possibility of obtaining up-to-date information on emergence and spread of new pests and other harmful organisms in countries of the European region and on changes and plant quarantine rules in EPPO member states. The Main State Phytosanitary Inspection develops, formulates and implements quarantine measures for protection of the Ukrainian territory from penetration and spread of dangerous harmful organisms on the basis of international phytosanitary standards and data from FAO international data bank. Items subject to quarantine may be imported into Ukraine provided the phytosanitary certificate issued by the state phytosanitary and plant protection authorities according to the international standard form established by the FAO. Importation of items subject to quarantine without such phytosanitary certificate from countries which have no state phytosanitary and plant protection authorities of their own may be allowed with preliminary issuance of import quarantine permit by the Main State Phytosanitary Inspection.The phytosanitary certificate of export of items subject to quarantine outside Ukraine is issued according to the international standard form, as established by the EPPO..14 The list of harmful organisms subject to quarantine has been compiled based on the relevant list prepared by the European Phytosanitary Organisation.Issues of protecting agricultural crops, other plants and vegetable products from pests, diseases and weeds are regulated by the Law of Ukraine “On Plant Protection5” No. 180-XIV of 14.10.1998. The Law of Ukraine “On Pesticides and Agricultural Chemical Products6” No. 86/95-BP of 02.03.1995 establishes the fundamental principles of the state policy on pesticides and agricultural chemical products. The priority of human health and environment protection over the economic effect of the pesticides and agricultural chemical products’ application is one of the principles. This Law accounts for principal provisions of the International Plant Protection Convention. There is however a problem of some overlapping in certification, registration and licensing of pesticides and agricultural chemical products, yet to be solved.The Law of “^ On Quality and Safety of Foodstuffs and Raw Food Products” of 23.12.1997 is a key legal act, which establishes general requirements on quality and safety of foodstuffs and raw food products. Currently, there is a draft law “On Meat and Meat Products” pending in the Parliament (in May Parliament of Ukraine has considered the draft, but it was not approved and passed to second reading in second time. It reflects the major provisions of Council Directive 94/65/EC of 14 December 1994 laying down the requirements for the production and placing on the market of minced meat and meat preparations. There are also two draft laws in the Verkhovna Rada on milk and dairy products. One of them is the draft law “On Milk and Dairy Products” No. 3076 of 06.02.2003. The drafters of this legal paper took into account provisions of Council Directive 92/46/EEC of 16 June 1992 laying down the health rules for the production and placing on the market of raw milk, heat-treated milk and milk-based products. The other draft law pending is “On Ensuring and Official Control System for Specific Quality and Safety Indicators of Dairy Products, Feeds, Animal Health and Animal Keeping Conditions” No. 4166 of 17.09.2003. This draft is adapted to provisions of Regulation (EC) 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in ma to the above mentioned Directive 92/46/EEC; to the Proposal for a Regulation of the European Parliament and of the Council on official fe and Proposal for a Regulation of the European Parliament and of the Council on Food Hygiene. The following Presidential Decrees were adopted to facilitate solution of the above mentioned problems and Ukraine’s WTO accession: “On Programme of Measures to Complete Ukraine’s WTO Accession” No. 104/2002 of 05.02.2002, “On Additional Measures to Accelerate Ukraine’s WTO Accession” No. 797 of 05.09.2001, and “On Measures for the Food Market Development and Facilitating Export of Agricultural Products and Foodstuffs”. It is vitally important to make sure that implementation of these Decrees is not purely formal. The same concerns the Resolution of the Cabinet of Ministers of Ukraine “On Measures for Gradual Introduction in Ukraine of Requirements of the EU Directives, Sanitary, Ecological, Veterinary, Phytosanitary Norms and International and European Standards” No. 244 of 19.03.1997, whose implementation is yet to start.There are some problems to be solved by changing Ukrainian legislation and its structure. Some of the problems have only purely internal character: some of SPS Ukrainian laws do not correspond to Constitution of Ukraine or Civil or Commercial Code of Ukraine or have some gaps. But others are corresponding to other Ukrainian legislation but do not correspond to SPS agreement or to the principles of free market economy. ^
6) Conclusions
Areas covered by current or planned donor and other activity
Inclusion of key principles of SPS into key draft primary laws. USAID
Checking of SPS compliance of key draft primary laws World Bank - planned
General analysis of WTO accession consequences and key sectoral conceptual analyses e.g. Standardization and certification, Consumer protection. UEPLAC
Proposals for key concepts in food safety. Food producers association
Key outstanding barriers to the trade and to the effective and safe functioning of an internal market of food, plants and animals:i) Institutional issues:
Ukraine still has a complicated and overlapping structure of state bodies that are dealing with SPS regulatory, control and other related issues. Ukraine has 3 main bodies working in the sphere:
Ministry of health (Sanitary inspection);
Ministry of agrarian policy (State quarantine inspection, Plant protection inspection, Veterinary inspection);
State committee on technical regulation, metrology and consumer protection (here and after referred as DSSU);
But other bodies have authority to work in the sphere: Ministry of E C Ministry of E Medvedev Institute of ecological hygiene and toxicology. In practice this results in a duplication of functions, obstacles to trade, ineffective state fund usage.Response
Analysis and round tables on key food safety institutional issues have been organised and will continue to be proposed.Ukrainian authorities do not have sufficient SPS relevant data appropriately organised to be able to efficiently fulfil SPS transparency obligations.Response
Continued work on legal database and SPS bulletin ^ ii) Administrative barriers (bureaucracy) Food production procedures and the procedures of placing a product on the market are complicated and over-bureaucratised. In general food products, which are produced on the territory of Ukraine or imported must be certified (certificate to the product to be issued) and/or (depending on the product) approved by the corresponding state body. The principle of harmonisation is not sufficiently observed. With rapid changes in this sphere of regulation, there is much confusion as to the real situation on the ground for importers and exporters. This guide will clarify this situation and will serve as a mechanism to demonstrate any discrepancies or missing links between the current and proposed legislation and the systems currently operating. The SPS compliance commentary will highlight the practical changes necessary to ensure SPS compliance.
A practical guide to export to and import from the EU should be produced with a SPS compliance commentary where the reality of these administrative issues will be considered. ^ iii) Systemic issues
Systems of border control needs to be modified. There have been a number of Ukases of President of Ukraine on the issue but at the present time the issue i Imported products in fact are not considered as corresponding to requirements even if they have certificates of origin. Additional formal confirmation of Ukrainian officials is needed, the cost of the measures (laboratory treatment or others) partially covered by the person who is importing to Ukraine. Response
Analysis of SPS measures implemented at the border
A practical guide to export to and import from the EU should be produced with a SPS compliance commentary.^ iv) Jurisprudential issues Vertical (sectoral) laws
The above-mentioned structure of legislation is complicated. It was mentioned at the WTO working party on Ukrainian accession. The idea of approving “vertical” laws is dominant among decision-making officials. It is based on the experience of the EU in the 70’s. E.g. the law on meat and meat products is being developed by the Parliament of Ukraine, and the law on fish and fish products has already been approved. Current legislation reflects an institutional departmentalisation tendency. EU experience shows that this approach leads to communication breakdowns, duplication, and operational lacunae. Examples such as food safety illustrate the serious consequences of not addressing these dysfunctionalities.Response
Concept paper on horizontal cross-sectoral (rather than vertical sectoral) legislation Internal cohesion of Ukrainian legislation
Legislation on responsibility for violation of norms of SPS requirement has some contradictions with legal principle pointed at Constitution of Ukraine, Civil code or other laws. Penalty for unsafe product as well as prohibition to place product to the market can be done by proper officials with Withdrawal of unsafe and dangerous product as well as postponed of processing can be done without court decision – decision of state official is enough according to Ukrainian current legislation. It in fact means presumption of guiltiness is functioning, but does not correspond with Ukrainian legislation. The amount of the penalty very often does not correspond with the principle of proportionality. Sometimes the level of penalty is too high and not comparable with the real risk of the product. Some laws are not corresponding with Constitution of Ukraine. The contradiction to be solved. The contradiction to be solved by approving new laws: on state surveillance and penalties (including procedures); on consumer protection in particular on liability for defective products, on access of the customer to the information on the product.Response
More appropriate for local legal institutes ^ v) Conceptual issues Key WTO SPS concepts
Key concepts of the WTO SPS agreement are still not fully understood in the relevant Ukrainian authorities.Response
Series of seminars on key SPS concepts – specific topics and timing to be discussed with Beneficiary. Preventive mechanisms
Preventive mechanisms of safety of food products (like HACCP and traceability) are not widely known or introduced into the legislation of Ukraine. Despite repeated proposals from many quarters to develop a food safety strategy, there is still no universally accepted document serving as the road map for development in this key area. Without such a document, much activity in the sphere will be directionless or even contradictory.Response
Project component “Increased awareness amongst stakeholders to traceability and product liability” is raising awareness of these concepts in selected areas. Joint work of all components to work on conceptual and strategic paper for appropriate institutional and legislative changes. Public consultation in the legislative process
The existing sanitary, veterinary and phytosanitary legislation of Ukraine is not sufficiently clear and transparent. There are no mechanisms for review of the national sanitary, veterinary and phytosanitary norms by experts from various NGOs, including foreign ones, before their official approval and publication in the country yet. However, there is a procedure in place that concerns draft regulations’ agreement with pertinent government institutions.Response
Project component “Increased awareness amongst stakeholders to traceability and product liability” is raising awareness of these concepts in selected areas. Joint work of all components to work together with producers and other non-state stakeholders on conceptual and strategic paper for appropriate institutional and legislative changes.Terminology
Terminology of Ukrainian legislation to be corrected and to be aligned with international and European practice in particular. For instance, Ukrainian legislation has no term “defective products” while it has definition of “unfit”.Response Production of appropriate glossaries and proposals for introduction of terminology into relevant laws in consultation with all relevant stakeholders
The conception of liability for defective product and principle of strict liability is not clearly developed in Ukrainian legislation. Response
Proposals for development of concepts and inclusion in relevant laws of liability for defective product and principle of strict liability. Consumer information
The idea of information support of the customer on the product is not developed enough at Ukrainian legislation. Legislation on labelling products does not correspond with EU requirement and experience.Response Develop concepts and proposals for appropriate legislative amendments in consultation with all relevant stakeholders.
Animal welfare
The issue of animal welfare remains beyond legal regulation in Ukraine so far. There are two draft laws on the issue pending in the Verkhovna Rada of Ukraine: “On Protection of Animals Against Cruel Treatment” (No. 3175 of 26.02.2003) and “On Humane Attitude to Animals” (No. 3175-1 of 26.02.2003). Thus, the approximation of the Ukrainian legislation to the EU law in this area is at the incipient stage.Response
Insufficient project resources to cover this aspect – will be raised in context of other activities when feasible.Hygiene of foodstuffs
There are no detailed food hygiene provisions in the draft Food law. As imports of products into the Community have to comply with the Community hygiene standards or equivalent standards, the analysis of this secondary legislation as to its compliance with Community law is extremely important. Response Develop concepts and proposals for appropriate legislative amendments in consultation with all relevant stakeholders ^
vi) Standards
The current system of producing standards is both bureaucratic and non-transparent. This system results in a number of standards of Ukraine which have higher levels of protection than internationally recognised. Recognised scientific justification is not a standard requirement for their production. Response Project component “Transparent standards and certificates” is currently introducing a number of ISO methodological standards and developing a number of pilot standards produced on this basis. Legal component will cooperate with this and other component on conceptual and regulatory aspects in consultation with all relevant stakeholders. ^
7) Recommendations On the basis of the above analysis and consultation, the following areas are identified as being key for progress towards SPS legislative and regulatory compliance in line with EU principles and as not being covered by other donor activity. They are therefore formulated as recommendations for inclusion into the work plan of the legal component for the project. ^ Areas identified for project interventions:Output 1
Assessment of the extent of inclusion of modern food hygiene concepts and systems in line with EU principles in primary and secondary Ukrainian legislation with recommendations, on the basis of stakeholder consultation, as to appropriate amendments or additions. Output 2
Round tables on key food safety institutional issues using EU and MS examples have been organised and will continue to be proposed.Output 3
Analysis of export and import SPS control measures including implementation of SPS measures at the border leading to a “Practical guide to export to and import of from the EU - meat milk and grain products.” should be produced with a WTO SPS compliance commentary.Output 4
Concept paper on horizontal cross-sectoral (rather than vertical sectoral) legislative approaches using EU food safety as an example. Output 5
Food safety strategy - Joint work with all components and wide stakeholder consultation to work on conceptual and strategic paper for appropriate institutional, systemic and legislative changes using modern regulative techniques including wide consultation and impact analysis. Output 6
Production of appropriate glossaries and proposals for introduction of terminology into relevant laws in consultation with all relevant stakeholders.Output 7
Develop labelling and product information concepts and proposals for appropriate legislative amendments in consultation with all relevant stakeholders.Output 8
Analysis of legal issues related to standards and certification on the request of and in cooperation with relevant project component.Output 9
Proposals for development of concepts and inclusion in relevant laws of liability for defective products and the principle of strict liability. Output 10
Series of seminars on key SPS concepts.Output 11
SPS legal database and SPS bulletin. Annex 1
THE LIST OF NORMATIVE ACTS of Ukraine, Which regulate sanitary well-being and quarantine of animals and plants in the market of food products:Laws of Ukraine
" On quality and safety of foodstuff and food raw material " on December, 23, 1997 N 771/97-ВР;
" On quarantine of plants of year " N 3348-X ??;
" On maintenance of sanitary and epidemic well-being of the population " from February, 24, 1994 N 4004-X ??;
" On protection of a surrounding habitat " on June, 25, 1991 N 1264-X ??;
" On plants protection" from October, 14, 1998 N 180-X ?;
" On veterinary medicine " from June, 5, 1992 N 2498-X ??;
" On withdrawal from circulation, processing, recycling, destruction or further usage of law-quality and unsafe production" from , № 1393-X ?;
" On a fish, other water alive resources and food production from them " , № 486-?V;
" On an animal empire " from , № 2894-???;
" On a seed and seeding material " from , № 411-?V;
" On protection of the population against infectious diseases " from , № 1645-???;
Decrees (Ukases) of the President of Ukraine
" On measures on development of the food market and assistance of export of agricultural production and articles of food " from , № 601/2001
" On additional measures concerning acceleration of the introduction of Ukraine in the World Lrade Organization of trade " from , № 797/2001
“On milk and milk products” June 24, 2004, N 1870-IV.
Decisions (“Postanovas”) of the Cabinet of Ukraine " On improvement of quality assurance and safety of foodstuff " from November, 9, 1996 N 1371;
" On the statement of Rules of sanitary protection of territory of Ukraine " from , № 696;
The regulations on the state sanitary-and-epidemiologic supervision, are authorized by the decision of the Cabinet of Ukraine from June, 22, 1999 N 1109 (in edition of the decision of the Cabinet of Ukraine from August, 19, 2002 N 1217);
" On strengthening of the control over quality of a grain and products of processing " from , № 1898;
" On the statement of Regulations on to regional service of the state veterinary -sanitary control and supervision on frontier and transport of the State department of veterinary medicine " from , № 264;
The regulations on sub items of veterinary militia from carrying out of quarantine veterinary actions, are authorized by the decision of the Cabinet of Ukraine from March, 29, 2002 № 395;
" Regulations on a quarantine veterinary and militia post ", the Decision of KM from , № 394;
The regulations on State extreme anti-epidemical measures of the Cabinet of Ukraine commissions, are authorized by the decision of the Cabinet of Ukraine from January, 14, 2004 N 22;
" On the statement of the list of works and services in sphere of maintenance of sanitary and epidemic welfare of the population which are carried out and given for a payment " from October, 15, 2002 N 1544;
" On the statement of the list of the food additives allowed for use in foodstuff" from , № 12;
" On the statement of the general{common} requirements to realization of processing, recycling, destruction or further use of drawn from circulation poor-quality and dangerous production " from , № 50;
" On the statement of Regulations on of a hygienic regulation and the state registration of dangerous factors and on payment of works from carrying out of a hygienic regulation and the state registration of dangerous factors " from , № 420;
" on the statement of the general requirements to arrangement of check points through frontier " from , № 1142;
" On creation of board of the state sanitary-and-epidemiologic service of Ukraine " from , № 1210;
" On approval the general requirements to realization of processing, recycling, destruction or further use of drawn from circulation law -quality and dangerous production " from , № 50;
" Regulations on reference of foodstuff to a category of special " from , № 1187;
" On approval of of the list of quarantine diseases of animals " from , № 448;
" on the statement of the list of the food additives allowed for use in foodstuff " from , № 12;
" On approval of of Regulations on to the State Sanitary-and-Epidemiological inspection of Ukraine " from , № 1218;
Orders of the ministries and departments
Retail trade
Rules of retail trade of of food, approved by the Ministries of Economics authorized by the order and on questions of the European integration of Ukraine from July, 11, 2003 N 185;
Order of Ministry of External Foreign and economical relations and trade from , № 199 " on the statement of Rules of sale of the goods to order and houses at buyers ";
Rules of work of bodies (enterprises) public catering, approved by the Ministry of Economics and European integration of Ukraine from July, 24, 2002 N 219;
The state bodies and their power
The regulations on to the State sanitary-and-epidemiologic service of the State boundary service of Ukraine, are authorized by the order of Administration of the State boundary service of Ukraine from September, 19, 2003 N 97;
Regulations on of the Main state inspection from quarantine of plants of Ukraine, authorized by the order of Ministry of Agriculture and Food Production of Ukraine from March, 15, 1994 N 80;
The regulations on of the state laboratory of veterinary and sanitary examination in the market are authorized by the order of the State department of veterinary medicine of the Ministry of an agrarian policy of Ukraine from April, 15, 2002 N 16;
The order of Ministry of Health, the Ministry of Finance, from , № 5/10 " On approval of the Instruction on the order of an expenditure of budgetary appropriations on actions of struggle against epidemics, a payment and business trips of medical and other workers which are directed on struggle against epidemics ";
The veterinary and sanitary control, quality assurance
Veterinary and sanitary requirements to points of purchase of milk made by animals which maintained by population at their private households, approved by the order of the State department of veterinary medicine of the Ministry of an agrarian policy of Ukraine from March, 21, 2002 N 18;
Regulations on the state veterinary and sanitary surveillance and control of activity of subjects of managing slaughtering , processing, storage, transportation and realizations of animal products, approved by the order of the Main state inspector of veterinary medicine of Ukraine from September, 1, 2000 N 45;
Veterinary and sanitary requirements to personal part-time farms of the population - manufacturers of the crude commodity milk, authorized by the order of the State department of veterinary medicine of the Ministry of an agrarian policy of Ukraine from March, 21, 2002 N 17;
The order of carrying out of certification of manufactures which carry out fish processing products, approved by the order of the State committee of Ukraine on questions of technical regulation and a consumer policy{politics} from July, 21, 2003 N 125;
The instruction on branding meat, approved by the order of the Main state inspector of veterinary medicine of Ukraine from June, 12, 1997 N 19;
Veterinary -sanitary for producers (the enterprises, shops) on processing a bird and manufacture the egg of products, is authorized by the order of the Main state inspector of veterinary medicine of Ukraine from September, 7, 2001 N 70;
Regulations on the state veterinary -sanitary inspection and the control over activity of subjects of managing slaughtering animals, processing, storage, transportation and realizations of animal products , approved by the order of the Main state inspector of veterinary medicine of Ukraine from September, 1, 2000 N 45;
Regulations on of the state laboratory of the veterinary medicine, located on a site of the subject of managing slaughtering animals, processing, storage, transportation and realizations of animal products, approved by authorized by the order of the State department of veterinary medicine from June, 17, 2003 N 47;
Order from , № 52 " on the statement of the Instruction under the veterinary order for identification of leather and fur raw material ";
Order of MAP from , № 45 " on the statement of Regulations on the state veterinary and sanitary inspection and the control over activity of subjects of managing slaughtering of animals, processing, storage, transportation and realizations of animal products ";
Veterinary and sanitary for slaughter points approved by the order of the State department of veterinary medicine of the Ministry of agrarian policy of Ukraine from January, 14, 2004 N 4;
The instruction on revealing, localizations and liquidations of pesthole of phomopsys (gray spottiness) of sunflower, approved by the order of the Main state inspection of quarantine of plants of Ukraine from November, 12, 2002 N 86;
Rules phyosanitary control of a tree and products over it , it is authorized by the order of the Main state inspection of quarantine of plants of Ukraine from August, 6, 2002 N 65;
The instruction on transportation, storage, processing and realizations imported and domestic ought to be controlled grain, approved by order of the Main state inspection of quarantine of plants of Ukraine from September, 29, 1997 N 56; The instruction on revealing, localizations and liquidations of pesthole of a burn fruit it is authorized by the order of the Main state inspection of quarantine of plants of Ukraine from September, 29, 1997 N 56;
The instruction on revealing, localizations and liquidations of pesthole southern helmentosporious corn are authorized by the order of the Main state inspection from quarantine of plants of Ukraine from September, 29, 1997 N 56;
The instruction on revealing, localizations and liquidations of pesthole of quarantine weeds, approved by the order of the Main state inspection from quarantine of plants of Ukraine from September, 29, 1997 N 56;
The instruction on revealing, localizations and liquidations of pesthole of the American white moth, it is authorized by the order of the Main state inspection from quarantine of plants of Ukraine on February, 5, 1997 N 8;
The regulations on registration (re-registration) of veterinary preparations, substances, ready forages and fodder additives in Ukraine, approved by the order of the State department of veterinary medicine from May, 28, 2003 N 40;
The order of Ministry of Health of Ukraine from August, 5, 1999 N 199 on creation of the State register of foodstuff, the food raw material, accompanying materials and the Register of conclusions of the state sanitary-and-hygienic examination.
The instruction on revealing, localizations and liquidations of pesthole of east moth , it is authorized by the order of the Main state inspection from quarantine of plants of Ukraine on February, 5, 1997 N 8;
The instruction on revealing, localizations and liquidations of pesthole San Jose scale, it is authorized by the order of the Main state inspection from quarantine of plants of Ukraine on February, 5, 1997 N 8;
The instruction on revealing, localizations and liquidations of pesthole of a cancer of a potato, it is authorized by the order of the Main state inspection from quarantine of plants of Ukraine on February, 5, 1997 N 8;
The instruction on revealing, localizations and liquidations of pesthole golden potato nematodes, it is authorized by the order of the Main state inspection from quarantine of plants of Ukraine on February, 5, 1997 N 8;
The instruction on revealing, localizations and liquidations of pesthole potato a pier, it is authorized by the order of the Main state inspection from quarantine of plants of Ukraine on February, 5, 1997 N 8;
The instruction on revealing, localizations and liquidations of pesthole southern helmentosporious corn, it is authorized by the order of the Main state inspection from quarantine of plants of Ukraine from September, 29, 1997 N 56;
Regulations on to a functional subsystem of protection of agricultural animals and plants of uniform state system of prevention and reaction to extreme situations technological and natural character, is authorized by the order of the Ministry of agriculture of Ukraine from May, 25, 1999 N 214;
Rules of transportation of cargoes which are subject of quarantine the control, it is authorized by the order of the Ministry of transport of Ukraine from November, 21, 2000 N 644;
The instruction on revealing, localizations and liquidations of fires of quarantine weeds, it is authorized by the order of the Main state inspection from quarantine of plants of Ukraine from September, 29, 1997 N 56;
Rules of ante-slaughter veterinary review of animals and veterinary and sanitary examination of meat and meat products, it is authorized by the order of the State department of veterinary medicine of the Ministry of an agrarian policy of Ukraine from June, 7, 2002 N 28;
Regulation, from , № 70 " On the statement veterinary and sanitary for subjects of managing (the enterprises, shops) on processing a bird and manufacture eggs products, Rules of veterinary and sanitary examination of eggs of a friendly bird ";
Rules of veterinary and sanitary examination of eggs of a friendly bird, it is authorized by the order of the Main state inspector of veterinary medicine of Ukraine from September, 7, 2001 N 70;
Order , from , № 16 " On the statement of Regulations On of the state laboratory of veterinary and sanitary examination in the market ";
The order, from , № 18 " On the statement of Veterinary and sanitary requirements to items{points} of purchase of milk from animals who abstain in personal part-time farms of the population ";
The order, from , № 17 " On the statement of Veterinary and sanitary requirements to personal part-time farms of the population - manufacturers of crude commodity milk ";
The Order, from , № 237 " On the statement of Rules of sale of articles of food [МЗЕЗ] [545] "
The Order from , № 129 " On the statement of Rules of work of public catering establishments ";
Position on identification and registration of the big horned livestock, is authorized by the order of the Ministry of an agrarian policy of Ukraine from September, 17, 2003 N 342;
Order from , № 70 of " the Rule of veterinary and -sanitary examination of eggs of a friendly bird ";
The responsibility and consequences {investigations} of violations of the requirements
A design procedure of the damage, caused to persons who have suffered owing to introduction of a quarantine mode for animals or in connection with the work, directed on liquidation and preventive maintenance of quarantine illnesses animals are authorized by the order of the Ministry of an agrarian policy of Ukraine from December, 29, 2001 N 395;
Regulations On the order of imposing of penalties on citizens and the official for infringement of rules concerning struggle against quarantine wreckers and illnesses of plants and weeds, and also at export of materials which have not passed quarantine check or corresponding processing is authorized by the order of the Main state inspection from quarantine of plants of Ukraine from May, 15, 1996 N 36.
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