30/ 10/ 2013

As a result of the European Business Association (hereinafter – EBA) lobbying efforts, the Ministry of Health of Ukraine (hereinafter – MOZ of Ukraine) took into account the Association’s remarks and comments on the Draft Order «On approval of Hygienic requirements to baby foodstuffs, parameters of their safety and quality».

Background: on 16 July 2013 the Draft Order «On Approval of Hygienic Requirements to baby foodstuffs, parameters of their safety and quality» (hereinafter – the Draft Order) was published on the official website of the MOZ of Ukraine for public discussion. Having got familiar with the text, representatives of the EBA’s member companies – specifically baby food producers – expressed their concern regarding certain hygienic requirements which were proposed for approval. As a result, the Association prepared a number of relevant comments and proposals thereto that were submitted for the MOZ’s of Ukraine consideration, as well as to the Institute of Pediatrics, Obstetrics and Gynecology of Ukraine.

The initial Draft Order allowed for ambiguous interpretation by MOZ of Ukraine authorities on the one hand, and by business representatives – on the other. Besides of that, the Draft Order established a procedure to disseminate advertisements of baby foodstuffs that was beyond the competencies of the MOZ of Ukraine, and was referring to annulled EU Directives (namely Directive of Council 92/52/EЕС, Directives of Commission 96/8/EC, 1999/21/EC, 2006/125/EC and 2006/141/EC, Directive 2009/39/EC of the European Parliament and the Council, Commission Regulations (EC) No 41/2009 and No 953/2009), introduced by terms which contradicted those defined by the Law of Ukraine «On baby foodstuffs» No142-V dated 14 September 2006 etc. The EBA has prepared the relevant letter for the MOZ of Ukraine with a detailed description of the above-mentioned issues together with suggestions and requested action to improve the Draft Order with consideration of the expressed remarks. Following some discussions with MOZ’s of Ukraine representatives, the Draft Order was brought into conformity with the European requirements, having taken into account the EBA’s comments and suggestion. Now the Order of the MOZ of Ukraine No 696 dated 6 August 2013 registered by the Ministry of Justice of Ukraine under the No 1380/23912 of 13 August 2013 is published on the official website of the Verkhovna Rada of Ukraine.

The EBA always supports the aspirations and initiatives of the state authorities intended to protect the life and health of consumers. We wish to express our gratitude to the MOZ of Ukraine for their constructive cooperation and we hope it will continue in the future.

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