Notifications for Ukraine (251 notifications)

The Resolution provides for the possibility to fumigate consignments of products of plant origin outside the customs territory of Ukraine during the martial law and accordingly defines the conditions for such fumigation.

Ukraine informs that the draft Order of the Ministry of Health of Ukraine "On Approval of Safety Requirements and Certain Quality Indicators for Baby Food" was adopted on 23 June 2022 (Order No. 1084), registered with the Ministry of Justice on 8 July 2022, published on 29 July 2022 and will enter into force on 29 October 2022.

The draft Order provides for the approval of the Criteria for the release of N-nitrosamines and N-nitrosatable substances from elastomer or rubber teats and soothers and prohibits, as of 1 January 2024, the sale and use of elastomer or rubber teats and soothers that do not meet the safety requirements set forth in Section II of the Criteria. The Criteria set requirements for certain safety indicators for rubber and elastomeric teats and soothers and apply to the release of N-nitrosamines and substances that can be converted to N-nitrosamines from teats and soothers made of elastomer or rubber. The draft Order harmonizes  the provisions of  Commission Directive 93/11/EEC of 15 March 1993 concerning the release of the N-nitrosamines and N-nitrosatable substances from elastomer or rubber teats and soothers in order to ensure a high level of protection for the children's health.

Ukraine informs that the draft Order of the Ministry of Agrarian Policy and Food of Ukraine “On Approval of the Requirements to facilities for production, processing and storage of reproductive material, animals - donors of reproductive material, collection, processing, storage, transportation and labeling of reproductive material” was adopted on 20 June 2022 (Order No. 367), registered with the Ministry of Justice on 6 July 2022, published  and entered into force on 19 July 2022.The Order will be enacted simultaneously with the Law of Ukraine "On Veterinary Medicine" No. 1206-IX of 4 February 2021 (to be enacted one year after the termination or cancellation of the martial law).

The draft Order provides for approval of maximum residue levels of pesticides in/on foodstuffs and feed of plant and animal origin, the List of products of plant and animal origin for which maximum residue levels of pesticides are established, the List of active substances of plant protection products for which maximum residue levels of pesticides are not established.The draft Order is developed in order to implement Regulation (EC) No 396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum residue levels of pesticides in or on food and feed of plant and animal origin and amending Council Directive 91/414/EEC.

Notification G/SPS/N/UKR/176 states that the Order of the Ministry of Agrarian Policy and Food of Ukraine of 8 April 2022 No. 211 "On approval of the Procedure for formation and maintenance of the State register of livestock establishments and market operators, application forms for approval of livestock establishments, state registration of livestock establishments/market operator" shall enter into force on 21 March 2023.Pursuant to the Order of the Ministry of Agrarian Policy and Food of Ukraine of 13 June 2022 No. 352 "On amendment to the Order of the Ministry of Agrarian Policy and Food of Ukraine of 8 April 2022 No. 211" (registered with the Ministry of Justice of Ukraine on 30 June 2022,   published  and entered into force on 8 July 2022), the date of entry into force of the Order of the Ministry of Agrarian Policy and Food of Ukraine No. 211 of 8 April 2022 was changed.Accordingly, the Order of the Ministry of Agrarian Policy and Food of Ukraine of 8 April 2022 No. 211 "On approval of the Procedure for formation and maintenance of the State register of livestock establishments and market operators, application forms for approval of livestock establishments, state registration of livestock establishments/market operator" will be enacted simultaneously with the Law of Ukraine "On Veterinary Medicine" No. 1206-IX of 4 February 2021  (to be enacted one year after the termination or cancellation of the martial law).

The draft Resolution provides for the approval of the List of hazardous chemicals prohibited for production and use  at work. The purpose is to prevent the exposure of workers to health risks from certain chemical substances and/or certain activities involving chemical substances.It is also defined that the prohibition does not apply if: - the chemical substance is present in another chemical substance, or as a constituent of waste, provided that its concentration therein is less than the limit specified; - for the purpose of scientific research testing and analysis; - for activities intended to eliminate chemical substances that are present in the form of by-products or waste products; - for the production of the chemical substances specified in the List for use as intermediates, and for such use. The draft Resolution is designed to implement Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) as regards the adoption of a list of hazardous chemicals prohibited for production and use at work, which will be further revised and supplemented.

The draft Order provides for the approval of the Requirements for ceramic articles intended to come into contact with foodstuffs. The Requirements establish the maximum residue level of lead and cadmium migration from ceramic articles which, in their finished state, are intended to come into contact with foodstuffs, as well as the basic rules for determining the migration of lead and cadmium and the methods of their analysis.Ceramic articles intended to come into contact with foodstuffs produced before the entry into force of this Order may be in circulation until the expiry date (period) of their validity.The draft Order is designed to implement Council Directive 84/500/EEC of 15 October 1984 on the approximation of the laws of the Member States relating to ceramic articles intended to come into contact with foodstuffs.Given the existence of provisions concerning the declaration of ceramic articles intended to come into contact with foodstuffs, the draft Order is also notified in accordance with the requirements of the Agreement on Technical Barriers to Trade.

The draft Order prohibits the use of 2,4,4'-Trichloro-2'-hydroxydiphenyl ether (CAS No. 0003380-34-5, ref. No. 93930) in the production of plastic materials and articles intended to come into contact with foodstuffs.At the same time, a transitional period has been provided to allow the marketing of plastic materials and articles manufactured using 2,4,4'-trichloro-2'-hydroxydiphenyl ether (CAS No. 0003380-34-5, ref. No. 93930) and put into circulation until 1 January 2023 for one year, which is 1 January 2024.The draft Order is designed to meet the safety requirements for articles and materials intended to come into contact with foodstuffs, in accordance with EU requirements.

The draft Order provides for the approval of the Requirements for foods and food ingredients treated with ionising radiation.The adoption of the draft Order will bring the legislation of Ukraine concerning the food safety and quality in line with EU legislation and will facilitate the implementation of  Directive 1999/2/EC of the European Parliament and of the Council of 22 February 1999 on the approximation of the laws of the member States concerning foods and food ingredients treated with ionising radiation and Directive 1999/3/EC of the European Parliament and of the Council of 22 February 1999 on the establishment of a Community list of foods and food ingredients treated with ionising radiation. Given the existence of provisions concerning the specifics of the labelling of foods treated with ionising radiation, the draft Order is also notified in accordance with the requirements of the Agreement on Technical Barriers to Trade.

Resolution of the Cabinet of Ministers of Ukraine of 5 August 2022 No. 867 amends the Resolution of the Cabinet of Ministers of Ukraine of 1 April 2022 No. 398  "Some issues of implementation of phytosanitary measures and procedures under martial law".The amendments provide that during the martial law:1) phytosanitary procedures are not carried out on the territories located in the region of military (combat) activities or are under temporary occupation, encirclement (blockage);2) inspection and monitoring shall be carried out by state phytosanitary inspector upon existence of a document, confirming the absence of risks associated with explosive ordnance in the relevant territory, issued by the subject of mine action;3) when conducting a survey in order to provide and/or confirm the status of a production place or a production area, free from regulated pests, the sufficient requirement for the schematic representation of the location of the  production place  or production area, submitted by the person,  is the availability of geospatial coordinates of a single point within the place or production area;4) documents for phytosanitary measures and procedures in the field of plant quarantine shall be submitted to territorial bodies of the State Service of Ukraine on Food Safety and Consumer Protection in paper or electronic form.It is also stated that for the accompanying wooden packaging material, classified under UKTZED codes 4407 and 4415, the selectivity criteria of phytosanitary control are not calculated, and phytosanitary control is conducted only in relation to the accompanying wooden packaging material for goods, referred to the objects of regulation.

The draft Resolution is developed in accordance with part four and part ten of Article 54 of the Law of Ukraine of 4 February 2021 No. 1206 "On Veterinary Medicine" that establishes new requirements for state registration of veterinary medicinal products.Today, the basis for the circulation of medicines in most countries is state registration, which is a prerequisite for the placement of medicinal product on the market legally. The purpose of such registration is to provide the manufacturer with information allowing to evaluate the benefit/risk balance for each product in order to resolve the issue of its admission into circulation.The draft Resolution provides for the approval of the Regulation on state registration of veterinary medicinal products. The state registration procedure provides for scientific evaluation of a veterinary medicinal product  by the National Institute of Veterinary Medicine of Ukraine. Services for the scientific evaluation of a veterinary medicinal product are chargeable.The objective of the draft Resolution is to define the procedure for state registration of veterinary medicinal products and to implement the requirements of EU legislation into Ukrainian legislation.

Resolution is developed to implement the Law of Ukraine of 12 May 2022 No. 2246 "On amendments to some laws of Ukraine on uninterrupted production and supply of agricultural products during martial law" in order to improve phytosanitary measures for movement of agricultural products of plant origin through the territory of Ukraine and for the export of these products. The Resolution provides for bringing the existing procedures in accordance with the requirements of the aforementioned law in terms of: 1) issuance of quarantine certificate as to decrease of cases when such certificate is obligatory for movement of agricultural products of plant origin and seeds through the territory of Ukraine. In particular, the requirement to obtain a quarantine certificate for the movement of cargo with imported seeds was abolished; a quarantine certificate is obligatory only for the export of plant products from the quarantine zone and provided that such products may spread a quarantine organism subject to quarantine regime; 2) simplification of the procedure of reissuing phytosanitary certificates required for export of agricultural products of plant origin, namely: for the reissuance of these certificates, the conclusion of phytosanitary examination (analyses) is not always required, but only if the country of destination of the cargo changes, provided that the phytosanitary measures of such country require the absence of pests for which phytosanitary examination (analyses) has not been conducted; 3) issuance of phytosanitary certificate and phytosanitary certificate for re-export in electronic form, and not exclusively in paper form, as it is today.

The draft Order lays down rules for the killing of animals bred or kept for the production of food, wool, skin, fur or other products as well as the killing of animals for the purpose of depopulation and for related operations. The Order has been drafted based on Council Regulation (EC) No 1099/2009 of 24 September 2009 on the protection of animals at the time of killing.

The Order approves: 1) the procedure for formation and maintenance of  the State register of livestock establishments and market operators; 2) the form of the Application for approval of livestock establishments;3) the form of the Application for state registration of livestock establishments/market operator. The Order defines a clear procedure for the formation and maintenance of the State register of livestock establishments, reducing the risks for the occurrence and spread of infectious animal diseases in the country, including those that are common to humans.

In order to improve the mechanisms of prevention and control of infectious diseases of animals according to the Law of Ukraine “On Veterinary Medicine”, that stipulates the necessity of the approval or registration of livestock establishments depending on the type of risk of the activity, the draft Order approves:- the criteria for determining the existence of a significant impact of the proposed veterinary and sanitary measure or approved emergency veterinary measure on export capacity of foreign countries;- the types of terrestrial livestock establishments that pose a high risk of animal diseases spreading;- the types of establishments for keeping and raising aquatic animals that pose a high risk of animal diseases spreading;- maximum volumes of aquatic animals husbandry for which approval of establishments is not required.

The Resolution provides for procedures on state control to check compliance with the legislation on food, feed, by-products of animal origin, veterinary medicine and animal welfare, as well as for state veterinary and sanitary control, and defines the specifics of their implementation during martial law in Ukraine, in particular:- conducting state control over compliance with the legislation on food, feed, animal by-products, veterinary medicine and animal welfare at all checkpoints of the state border of Ukraine and customs control zones on the customs territory of Ukraine, if there are conditions for its implementation;- determination of an exhaustive list of grounds for physical inspection and laboratory examination of goods imported to Ukraine;- regulation of  the procedure for imports to Ukraine of products that have been appropriately processed, feed additives, feed for productive animals, live animals as well as the procedure for transit of live animals;- providing for the possibility to import feed additives and feed for productive animals that have the appropriate registration in the European Union; - regulation of the issue of imports to Ukraine of live animals and their reproductive material  from facilities that were not previously inspected by Ukrainian specialists as well as the procedure for their transit through the territories of countries where cases of animal infectious diseases are registered.

The Law provides for: 1) simplification of phytosanitary requirements for export, import and movement of agricultural products of plant origin through the territory of Ukraine, in particular the possibility of drawing up a phytosanitary certificate in electronic form; 2) during martial law and within 90 days after its termination or cancellation: - expansion of the list of entities that can take samples and conduct phytosanitary examination, in particular, the introduction of a simplified order of authorization of private laboratories and the possibility of taking samples by specialists of such laboratories, as well as certification auditors (agronomical inspectors);- giving the ability to reissue the phytosanitary certificate; - simplification of procedures for submitting documents for state registration of pesticides and agrochemicals in order to approximate the legislation of Ukraine to the legislation of the European Union, in particular the provisions of Regulation (EC) No 396/2005 in terms of the requirement to have a conclusion of sanitary and epidemiological expertise; - expansion of the list of agrochemicals allowed to import to Ukraine, production, trade, use and advertising without state registration;3) possibility for Ukrainian producers of organic products, which are produced according to EU standards, to move to Ukrainian production standards without additional transitional period (if it happens within one certification body); 4) regulating within three years from the date of termination or cancellation of martial law import (sending) of goods  subject to documentary checks, compliance checks and physical checks carried out at the checkpoints (points of control) through the state border of Ukraine; 5) exclusion provisions that prohibit import to Ukraine of goods with live animals in transit through countries where there are cases of dangerous diseases according to the list of OIE, to which the animals concerned  are susceptible; 6) postponing the enactment of the Law of Ukraine "On Veterinary medicine" for one year after termination or cancellation of martial law, but no later than 1 January 2024.

The draft Order provides for the approval of the requirements for:1) structures and equipment of facilities for production, processing and storage of reproductive material;2) origin, quarantine, diagnostic research (tests), health of cattle, pigs, sheep, goats and horses-donors of reproductive material;3) collection, processing, storage and transportation of reproductive material;4) labeling of reproductive material.

The Resolution approves the Procedure for state registration of:livestock establishments intended for keeping, breeding, rearing of domestic terrestrial animals, bees, aquaculture facilities, collection, production, processing of reproductive material, as well as other livestock establishments not subject to approval in accordance with Article 43 of the Law of Ukraine "On Veterinary Medicine";market operators engaged in activities related to transportation of domestic ungulate animals for export; collection of domestic ungulate animals and/or poultry without use of establishments, including market operators engaged in the sale or purchase of these animals.The Resolution aims to define the Procedure for state registration of livestock establishments and market operators, implementation of EU legislation requirements, in particular Regulation (EU) No 2016/429 of the European Parliament and of the Council of 9 March 2016 on transmissible animal diseases, to the legislation of Ukraine.