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Is there a relevant international standard? If so, identify the standard:
[ ] Codex Alimentarius Commission (e.g. title or serial number of Codex standard or related text)
[ ] World Organization for Animal Health (OIE) (e.g. Terrestrial or Aquatic Animal Health Code, chapter number)
[ ] International Plant Protection Convention (e.g. ISPM number)
[ ] None
Does this proposed regulation conform to the relevant international standard?
[ ] Yes [X] No
If no, describe, whenever possible, how and why it deviates from the international standard:
1. Amendments to Articles 1, 26, 29, 39 of the Law of Ukraine "On plant quarantine", aimed at implementation of separate lists of objects regulation: import, export, re-export and control for transportation through the territory of Ukraine, as following:
1.1. ISPM 5 Glossary of phytosanitary terms, ISPM 10 Requirements for the establishment of pest free places of production and pest free production sites, ISPM 12 Phytosanitary certificates, ISPM 17 Pest reporting, ISPM 19 Guidelines on lists of regulated pests, ISPM 20 Guidelines for a phytosanitary import regulatory system, ISPM 23 Guidelines for inspection as for the term "object of regulation".
1.2. ISPM 32 Categorization of commodities according to their pest risk as for categorization of commodities according to the phytosanitary risk. This conception is based on whether the product was processed or not and if so, determines the method and level of processing, planned products usage and its potential risk for introduction and spread of regulated pests.
1.3. Point 1.7 (Discrimination) of the ISPM 1 Phytosanitary principles for the protection of plants and the application of phytosanitary measures in international trade: Contracting Parties shall apply phytosanitary measures without discrimination among comparing national and international phytosanitary situations.
1.4. The IPPC text is stressing on:
- phytosanitary measures should be technically justified, transparent and should not be applied in such a way as to constitute either a means of arbitrary or unjustified discrimination or a disguised restriction, particularly on international trade;
- Contracting parties may require the application of phytosanitary measures for quarantine pests and regulated non-quarantine pests, provided that such measures are: a) no more stringent than measures applied to the same pests, if they are presented within the territory of the importing contracting party (Article VI 1a).
2. Amendments to Article 10 of the Law of Ukraine "On Plant quarantine" which aimed at the exclusion the rights of phytosanitary inspector to intercept the consignments in the case of non-compliance of regulated objects to phytosanitary requirements that contradict to the International Plant Protection Convention. Since subparagraph b) of paragraph 1 of Article VII of the IPPC determined that the Contracting Parties may refuse to import or detain, or request the treatment, destruction or removal from the territory of a Contracting party of plants, plant products and other objects of regulation or its consignments that do not meet phytosanitary measures required or taken under subparagraph (a).
3. Amendments to Articles 12 and 27 of the Law of Ukraine "On Plant quarantine" are aimed at implementation of declarative principle of individuals registration who implement the economic activity, connected to production and turnover of regulated objects, contradict to the requirements of ISPM 14 The use of integrated measures in a system approach for pest risk management, ISPM 15 Regulation of wood packaging material in international trade. Business entities that are included in the registers in the sphere of plant quarantine shall correspond to certain requirements and criteria.
4. Amendments to Article 33 of the current wording of the Law of Ukraine "On plant quarantine" on obligatory cancellation of quarantine regime within 1 year after its implementation could complicate realization of Subparagraph 3.3, Point 3 of the ISPM 9 Guidelines for pest eradication programmes. At this stage is foreseen check by the NPPO criteria for pest eradication, established at the beginning of the programme. These criteria can specify the method of detection and duration of surveillance to check the absence of pest.
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