Aquatic bioresources and products thereof (toothfish)
- Document symbol
- G/LIC/N/3/UKR/17
- Original language
- English
- Published on
- 22/01/2025
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.
Imports/exports of aquatic bioresources and products thereof requires obtaining a catch (export, re-export) registration form for Antarctic and Patagonian Toothfish (hereinafter referred to as the catch registration form), which is issued by the State Agency of Ukraine for the Development of Melioration, Fisheries and Food Programs, the authorized body for implementing the requirements of the Conservation Measure "Catch Documentation Scheme for Dissostichus spp.".
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The system applies according to Catch Documentation Scheme for Dissostichus spp.
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 based on Ukraine's obligations to prevent illegal, unregulated and unreported fisheries for toothfish and intended to control fish landed or transhipped to Ukraine. The system is not intended to restrict the quantity or value of imports of goods.
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 Fishery, Industrial Fishery and Protection of Aquatic Bioresources" No. 3677 of 8 July 2011, available at https://zakon.rada.gov.ua/laws/show/3677-17#Text;
- Resolution of the Cabinet of Ministers of Ukraine No. 252 "On Approval of Procedures for Issuance, Refusal to Issue, Re-issuance, Cancellation of Certain Permits in Fisheries Sector and Cancellation of Resolutions of the Cabinet of Ministers of Ukraine”of 05 March 2024, available at https://zakon.rada.gov.ua/laws/show/252-2024-%D0%BF#Text.
This system cannot be abolished without legislative approval.
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 consideration of the request for obtaining a catch registration form shall be made within 10 calendar days from the date of receipt of the request.
Q7.b. Can a licence be granted immediately on request?
A catch registration form may be issued 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.
The request shall be submitted to the State Agency of Ukraine for the Development of Melioration, Fisheries and Food Programs 10 calendar days before the vessel with the toothfish catch enters the unloading port or before the date of export of Antarctic and Patagonian toothfish from the customs territory of Ukraine.
The request shall be submitted in electronic form with an electronic signature based on a qualified public key certificate to the official email address of the State Agency of Ukraine for the Development of Melioration, Fisheries and Food Programs or by means of electronic systems.
If the request is submitted by means of electronic systems, it may be in any format that is suitable for understanding its content, provided it includes the information specified in Annex 1 to the Resolution of the Cabinet of Ministers of Ukraine No. 252 "On Approval of Procedures for Issuance, Refusal to Issue, Re-issuance, Cancellation of Certain Permits in Fisheries Sector and Cancellation of Resolutions of the Cabinet of Ministers of Ukraine" of 05 March 2024.
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 request to obtain a catch registration form is considered by the State Agency of Ukraine for the Development of Melioration, Fisheries and Food Programs.
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 a catch registration form include:
- inaccurate information specified in the request;
- negative conclusion on the results of examinations and surveys or other scientific and technical assessments required for the issuance of a catch registration form.
The refusal to issue the catch registration form is provided by the State Agency of Ukraine for the Development of Melioration, Fisheries and Food Programs in electronic form or by means of electronic systems, with a justification for the reasons for the refusal.
The notice of refusal to issue a catch registration form shall be sent to the email address of the fishery entity, user of aquatic bioresources, as well as to its electronic cabinet in electronic systems.
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?
A user of water bioresources, whose fishing vessel has harvested (caught) Antarctic and Patagonian toothfish, or a fisheries entity (legal entity or individual entrepreneur) that engages in the export or re-export of the relevant products, has the right to apply for a catch registration form.
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?
The request to obtain a catch registration form shall be completed as specified in Annex 1 to the Resolution of the Cabinet of Ministers of Ukraine No. 252 "On Approval of Procedures for Issuance, Refusal to Issue, Re-issuance, Cancellation of Certain Permits in Fisheries Sector and Cancellation of Resolutions of the Cabinet of Ministers of Ukraine" of 05 March 2024 , available at https://zakon.rada.gov.ua/laws/show/252-2024-%D0%BF#Text.
Q11. What documents are required upon actual importation?
At the time of actual importation/exportation the catch registration form 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 issue of a catch registration form 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 validity of the catch registration form is limited to the duration of the corresponding foreign trade operation.
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?
No.
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?
No.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.