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Regulatory Affairs, Consumer Electronics

18/ 06/ 2014

Following the lobbying efforts of the European Business Association (hereinafter – the EBA) the Ministry of Economic Development and Trade of Ukraine (hereinafter – the Mineconomy) promulgated the Draft Resolution of the Cabinet of Ministers of Ukraine (hereinafter – the CMU) “On Amendments to Annexes 4 and 5 to the Resolution of the Cabinet of Ministers of Ukraine dated 25 December 2013 №950” (hereinafter – the Draft Resolution) on 12 June 2014. This Draft Resolution provides for the abolition of the need to obtain a letter (conclusions) from the Ministry of Ecology and Natural Resources of Ukraine (hereinafter – the Minecology) on the absence of ozone-depleting substances in the goods.

Background: the need for obtaining the letters/conclusions from the Minecology on the absence of ozone-depleting substances in products is a long-term problem for businesses that import products that may contain ozone-depleting substances, but in fact do not contain them.

Over the past years importing companies are constantly faced with serious problems during the import of goods at the beginning of each year, since on the grounds of the annual new Resolution of the CMU, they were made to receive letters (conclusions) from the Minecology to confirm the absence of ozone-depleting substances in products or raw materials that are imported into the territory of Ukraine.

The CMU, by the Resolution No1201 dated 19 December 2012, eliminated the necessity to obtain any conclusions/letters from the Minecology on the absence of ozone-depleting substances in imported goods. However, on 3 July 2013, the CMU adopted the Resolution №480, which renewed the practice of obtaining mandatory letters (conclusions) from the Minecology on the absence of ozone-depleting substances in goods.

Currently, such letters can be obtained through the Minecology only and it is always associated with delays in time. Moreover, because of the likelihood of refusal, this procedure includes the risk of corruption. Besides, considering the fact that these letters are given through the control of documents, not goods, it is always possible to avoid procedures for licensing the import of products containing ozone-depleting substances.

Besides, the Draft Resolution proposes to cancel permits for plant protection products import licenses issued by the State Veterinary and Phytosanitary Service of Ukraine. The business community believes this is another step towards the deregulation and simplification of doing business for legal importers of pesticides and agrochemicals in Ukraine.

Therefore, the EBA welcomes the Draft Resolution in general and especially the ability to avoid receiving the aforementioned letters from the Minecology.

We are grateful to the Mineconomy and the State Service of Ukraine for Regulatory Policy and Entrepreneurship Development for their continuous cooperation and active support in this matter, and hope that the CMU will adopt the Draft Resolution shortly.

Moreover, we would like to thank all EBA members who supported and contributed to the EBA lobbying efforts that resulted in this progress and we will keep you updated on all further developments!

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