As a result of the European Business Association’s (hereinafter – the EBA) lobbying efforts, the Cabinet of Ministers of Ukraine has adopted the changes to the Procedure on import permits issuance through the establishment of a non-limited duration for permits and the necessity of their issuance only in case of the first import. The changed Procedure is approved by the Resolution “On Amendments to the Procedure of Issuance of Permits for Import into Ukraine of Animals, Goods of Animal Origin, Reproductive Material, Biological Products, Pathological Material, Veterinary Preparations, Substances, Feed Additives, Premixes and Feeds” No78 dated 12 March 2014 (hereinafter – Resolution No78 and the Procedure, respectively). It facilitates the Procedure, approved by the Resolution of the Cabinet of Ministers of Ukraine No652 from 1 July 2009 (hereinafter – Resolution No 652).
Background: Over an extended period of time, the problem of import permits issuance (hereinafter – the permit) has been one of the key issues on the EBA’s agenda. The EBA Dairy and Food Committees’ members addressed the EBA many times regarding the Procedure, whose provisions contradicted the current legislation of Ukraine. In particular, para. 5 of the Procedure of Resolution No652 did not accord with the para. 3.3 of this Procedure, as well as being contradictory to the para. 3 of part 2 of Article 83 of the Law of Ukraine “On Veterinary Medicine” №2498-XII dated 25 June 1992, that did not establish any duration for permits. Paragraph 7 of part 1 of article 4 of the Law of Ukraine “On Permit System in the Sphere of Economic Activity” No2806-IV dated 6 September 2005 defines that “only the laws regulating the relations connected with the receipt of permit documents can establish:…the duration of permit document or its non-limited nature”
The procedure itself for receipt of permits frequently caused additional time delays and financial expenses for business, led to impossibility for goods to be imported in a fast and effective way, as well as for efficient activity planning by companies due to the risks of untimely permits’ receipts, and due to elements of corruption.
In order to solve the problem, the EBA conducted a great number of meetings and discussions with the management of the State Veterinary and Phytosanitary Service of Ukraine (hereinafter – SVPS), the Ministry of Agrarian Policy and Food of Ukraine (hereinafter – the Ministry), the State Service of Ukraine on regulatory policy and entrepreneurship development, and sent letters as well as drafts of the necessary amendments to Resolution No652 to the Cabinet of Ministers of Ukraine. Last time the issue was raised at the meeting of the EBA’s representatives with the Minister of Agrarian Policy and Food, Mr Igor Shvaika, which took place on 5 March 2014. Following the meeting, Resolution No78 was elaborated and the above-mentioned amendments to the Procedure approved.
We would like to express our gratitude to the management of the Ministry and the SVPS for their constructive cooperation in finding a solution to this very important issue for dairy and food operators, as well as to the EBA member-companies for their active efforts and expert help.