Draft Resolution of the Cabinet of Ministers of Ukraine “On Amendments to the Resolution of the Cabinet of Ministers of Ukraine No. 398 of 1 April 2022”

The draft Resolution provides for amendments to the Resolution of the Cabinet of Ministers of Ukraine No. 398 of 1 April 2022 "On Some Issues of Phytosanitary Measures and Procedures under Martial Law" (hereinafter –  the Resolution No. 398, notified in G/SPS/N/UKR/170) in order to restore control over the import and movement of regulated objects within the territory of Ukraine intended to prevent the entry, spread and establishment of regulated harmful organisms in Ukraine.In 2022, pursuant to Resolution No. 398, phytosanitary control procedures were temporarily simplified in response to the full-scale invasion by the Russian Federation. In particular, the mandatory sampling and phytosanitary examination (analysis) for HS commodity groups 07-12  was suspended in the course of phytosanitary control of imports of regulated goods;  phytosanitary control of the accompanying wooden packaging material of HS headings 4407 and 4415 was limited exclusively to accompanying wooden packaging material for goods subject to regulation; control over the movement of regulated goods within the territory of Ukraine was minimized, including  the suspension of the requirement to have a quarantine certificate for certain regulated objects exported from quarantine zones. In order to resume the implementation of phytosanitary measures and procedures in accordance  with the regular phytosanitary regulatory framework, the draft Resolution provides for:1) the cancellation of clause 2 of paragraph 1 and the Annex “Information on the recording of regulated objects moved through the territory of Ukraine without a quarantine certificate” to Resolution No. 398;2) the alignment of Resolution No. 398 with the provisions and terminology of the Procedure for Inspection, Survey, Phytosanitary Examination, Supervision, Monitoring, Disinfection of Regulated Objects, Issuance of Certificates, as established by the Law of Ukraine “On Plant Quarantine”, as well as the procedures for inspection control in terms of sampling and selective supervision of phytosanitary examinations, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1177 of 15 November 2019 (notified in G/SPS/N/UKR/136/Add.1).