The draft regulation of the Cabinet of Ministers of Ukraine “On Amendments to Annexes 4 and 5 to the Regulation of the Cabinet of Ministers of Ukraine No. 950 dated December 25, 2013” is posted on the website of the Ministry of Economic Development and Trade of Ukraine.
It is to be recalled that regulation of the Cabinet of Ministers of Ukraine No. 950 “On Approval of List of Goods, Export and Import of Which Shall be Licensed and Quota for 2014” dated 25.12.2013 (hereinafter referred to as “Regulation No. 950”) adopted licensing mode for export / import of certain types.
It is offered by the draft regulation to eliminate necessary provision of confirmation letter issued by the Ministry of Ecology and Natural Resources of Ukraine during customs registration provided that products do not contain ozone depleting substances and necessary provision of agreement issued by the State Veterinary and Phytosanitary Service of Ukraine in order to document import license for crop protecting agents.
In particular it is provided by the Regulation No. 950 that import of crop protecting agents shall be licensed by agreement with the State Veterinary and Phytosanitary Service of Ukraine.
In addition export / import licenses for products which may contain ozone depleting substances shall be issued according to confirmation of ozone depleting substances existence and expedience of their import or export, issued by the Ministry of Ecology and Natural Resources of Ukraine. If it is stated by the Ministry of Ecology and Natural Resources of Ukraine that ozone depleting substances are absent in the products provided in the list (confirmed by the corresponding letter) customs registration shall be performed without license.
At the same time above documents of the Ministry of Ecology and Natural Resources of Ukraine and the State Veterinary and Phytosanitary Service of Ukraine are not provided by the Laws of Ukraine “On the List of Documents of Permissive Nature in the Field of Business Operations” and “On Plants Protection” (as now or hereafter in effect of the Law of Ukraine No. 1193-VII “On Amendments to Some Legislative Acts of Ukraine Regarding Reduction of Permissive Documents” dated 09.04.2014) which makes it impossible to use them within regulatory settlements of issues concerning foreign economic activity.
At the same time the Ministry of Ecology and Natural Resources of Ukraine and market entities performing export and / or import of goods containing ozone depleting substances and corresponding letters confirm and state expedience of such goods licensing according to confirmation of ozone depleting substances existence and expedience of their import or export issued by the Ministry of Ecology and Natural Resources of Ukraine particularly in order to enable Ukraine to meet the requirements of the Montreal Protocol on Substances That Deplete the Ozone Layer. Taking into account information above and provisions of the Program of the Cabinet of Ministers of Ukraine Actions in order to liberalize business activities and to substantially reduce the functions of economy administrative regulation, which is one of the main targets, the Ministry of Economic Development and Trade developed the corresponding draft of regulatory act.
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