Publication date: 11.06.2024
Legal aspects of customs clearance of goods subject to sanitary and phytosanitary control
Introduction
Sanitary and phytosanitary control (SPS control) is an important component of customs clearance of goods that have a direct impact on human, animal and plant health. This control ensures compliance with safety and quality standards set at the national and international levels. In this article, we will consider the legal aspects of customs clearance of goods subject to SPS control, as well as the specifics of its application in Ukraine and international experience.
Legal regulation of SFS control
National legislation:
- In Ukraine, SPS control is regulated by a number of laws and regulations, including the Law of Ukraine "On Sanitary and Epidemiological Welfare of the Population", the Law of Ukraine "On Veterinary Medicine", the Law of Ukraine "On Plant Protection" and other regulations that define the requirements for the safety and quality of goods.
International standards:
- Ukraine also adheres to international SPS standards, including those of the World Health Organization (WHO), the International Organization for Animal Health (OIE), and the International Plant Protection Convention (IPPC). These standards set global requirements for food safety, animal health and plant protection.
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SPS control procedures
Verification of documents:
- The first stage of SPS control is the verification of documents confirming the compliance of goods with the established sanitary and phytosanitary requirements. These may include quality certificates, veterinary and phytosanitary certificates, laboratory reports, etc.
Inspection of goods:
- The next stage is the physical inspection of the goods, which may include inspection, sampling and laboratory testing. The inspection is carried out by authorized bodies, such as the State Service of Ukraine for Food Safety and Consumer Protection.
Quarantine measures:
- In case of detection of dangerous or substandard goods, quarantine measures may be applied, including utilization, destruction or return of goods to the country of origin. Restrictions may also be imposed on the import of goods from certain countries or regions.
Legal aspects
Liability for violations:
- Violation of SPS control requirements may result in administrative and criminal sanctions. Both importers and exporters of goods are liable. Sanctions may include fines, confiscation of goods and even criminal liability in case of serious violations.
Appealing decisions:
- In case of disagreement with the decisions of customs or controlling authorities on SPS control, business entities have the right to appeal such decisions in court. This ensures the protection of the rights and legitimate interests of business entities.
