Dissemination of vegetable crop varieties
- Document symbol
- G/LIC/N/3/UKR/18
- Original language
- English
- Published on
- 19/09/2025
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
Vegetable crop varieties for which applications for state registration of a variety have been submitted to the Ministry of Economy, Environment and Agriculture of Ukraine, may be disseminated in Ukraine prior to a decision on its state registration, provided that the relevant approval has been obtained.
The approval is issued by the Ministry of Economy, Environment and Agriculture of Ukraine in accordance with the procedure established by the Cabinet of Ministers of Ukraine.
The right to disseminate a variety includes activities related to planting material, including imports into Ukraine.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The system aims to ensure safe use of vegetable crop varieties for human health and the environment prior to state registration of a variety.
Q3. The system applies to goods originating in and coming from which countries?
All countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The system is not intended to restrict the quantity or value of imports of goods.
It permits the dissemination of vegetable crop varieties in Ukraine, for which applications for state registration of the variety have been submitted, even before the decision on state registration of the variety is made, provided that the relevant approval is obtained in accordance with procedure established by law.
A list of vegetable crop varieties that may be disseminated in Ukraine prior to a decision on state registration, according to the issued approval, shall be published on the official website of the Ministry of Economy, Environment and Agriculture of Ukraine.
Disseminated vegetable crop varieties are subject to mandatory field (soil) control and labelling requirements set by the Ministry of Economy, Environment and Agriculture of Ukraine.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The corresponding legislation includes:
- Law of Ukraine "On Protection of Rights to Plant Varieties" No. 3116 of 21 April 1993, available at https://zakon.rada.gov.ua/laws/show/3116-12#Text;
- Resolution of the Cabinet of Ministers of Ukraine No. 200 of 23 February 2024 "On approval of the Procedure for issuing approval for dissemination in Ukraine of vegetable crop varieties, applications for which have been submitted to the Ministry of Agrarian Policy and Food for the purpose of state registration of a variety before the decision on its state registration is made”, available at https://zakon.rada.gov.ua/laws/show/200-2024-%D0%BF#Text;
- Order of the Ministry of Agrarian Policy and Food No. 696 of 6 March 2024 “On approval of the forms and periodicity of reporting on the dissemination of vegetable crop varieties in Ukraine prior to the decision on state registration based on the approval received”, available at https://zakon.rada.gov.ua/laws/show/z0546-24#Text.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
The applications for issuing approval for dissemination in Ukraine of vegetable crop varieties, applications for which have been submitted to the Ministry of Economy, Environment and Agriculture for state registration of a variety before the decision on its state registration is made (hereinafter referred to as the approval), shall be considered by the Ministry of Economy, Environment and Agriculture within 20 calendar days from the date of receipt of the application.
If the application complies with the requirements set out in the Procedure for issuing approval, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 200 of 23 February 2024, the approval shall be issued to the applicant within ten calendar days following its consideration by the Ministry of Economy, Environment and Agriculture.
Q7.b. Can a licence be granted immediately on request?
The approval may be obtained in a shorter time frame and depends only on technical capacity of the relevant authority.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
Application can be submitted at any period of the year.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
The application is reviewed by the Ministry of Economy, Environment and Agriculture of Ukraine.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
The grounds for refusal to issue the approval include:
- inconsistency with the fact of filing a variety application and establishing the date when an application is considered to have been filed in accordance with Article 21 of the Law of Ukraine "On Protection of Rights to Plant Varieties" No. 3116 of 21 April 1993, available at https://zakon.rada.gov.ua/laws/show/3116-12#Text;
- non-compliance of the information provided about the applicant with the information specified in the variety application;
- incompleteness and inaccuracy of the information provided in the application.
In case of refusal to issue the approval, the Ministry of Economy, Environment and Agriculture shall issue a notice of refusal to issue the approval within 10 calendar days, which shall be provided to the applicant in either paper or in electronic form no later than the next business day following its issuance, along with a justification for the grounds for refusal.
Within 20 calendar days from the date of receipt of the notice of refusal to issue the approval, the applicant may eliminate the identified inconsistencies in the application by submitting a corrected application. If the applicant fully ensures the elimination of the identified inconsistencies in the application, the Ministry of Economy, Environment and Agriculture of Ukraine shall issue the approval.
If the applicant fails to eliminate the identified inconsistencies or refuses to eliminate the inconsistencies in the application, the Ministry of Economy, Environment and Agriculture of Ukraine shall issue a notice of refusal to issue the approval within 10 calendar days, which shall be provided to the applicant in either paper or electronic form no later than the next business day following its issuance, along with a justification for the grounds for refusal.
The decision on refusal may be appealed to the district administrative court in accordance with the provisions of the Code of Administrative Proceedings of Ukraine.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
The patent owner, the owner of an intellectual property right to disseminate the variety, maintainer of the variety has the right to apply for the approval.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
To obtain the approval it is required to submit an application in the form set out in the Order of the Ministry of Agrarian Policy and Food No. 696 of 6 March 2024 “On approval of the forms and periodicity of reporting on the dissemination of vegetable crop varieties in Ukraine prior to the decision on state registration based on the approval received”, available at https://zakon.rada.gov.ua/laws/show/z0546-24#Text.
The application shall be submitted in paper or electronic form with an electronic signature of the applicant based on a qualified public key certificate to the official email address of the Ministry of Economy, Environment and Agriculture of Ukraine.
Q11. What documents are required upon actual importation?
At the time of actual importation, the approval is required along with other necessary customs documents.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
The issuance of the approval is free of charge.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
No.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The approval is issued for a period of one year from the date of its issuance and may be extended for no more than two years.
Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?
No.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
The right to disseminate the variety may be transferred, in whole or in part, to any person on the basis of a legal transaction. The Ministry of Economy, Environment and Agriculture of Ukraine may determine the procedure for transferring the right to disseminate a variety.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
It is required that the application for state registration of the variety has already been submitted to the Ministry of Economy, Environment and Agriculture of Ukraine.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Applicants are required to submit annual report on the dissemination of vegetable crop varieties in Ukraine prior to making a decision on state registration, based on the obtained approval. This report shall be submitted by 30 January of the year following the year in which the approval was issued. The form of the report is set out in the Order of the Ministry of Agrarian Policy and Food No. 696 of 6 March 2024 “On approval of the forms and periodicity of reporting on the dissemination of vegetable crop varieties in Ukraine prior to the decision on state registration based on the approval received”.