IMPACT OF THE ASSOCIATION AGREEMENT WITH THE EU ON THE DEVELOPMENT OF FOOD LAW IN UKRAINE

Authors

  • I Berezovska Institute of International Relations of Taras Shevchenko National University of Kyiv

DOI:

https://doi.org/10.17721/apmv.2017.131.0.60-67

Abstract

The article notes that after signing the Association Agreement and launching free trade area between Ukraine and the EU, a new stage in the development of Ukrainian food law has begun. It is characterized by the increased impact of European Union law on the legal regulation of this sphere. The provisions of Chapter 4 “Sanitary and phytosanitary measures” of the basic for the FTA Ukraine-EU Title IV of the Association Agreement ”Trade and Trade-related Matters”, which serve as a legal basis for harmonization of Ukrainian legislation with EU food legislation were analyzed.

The ways of Ukrainian food law development are proved to be determined by the Strategy for the implementation of Chapter IV, Section 4 of the Association Agreement. The measures envisaged by the Strategy covering almost all areas of public health, animal health and phytosanitary regulations have been analyzed. The European food and phytosanitary law is found out to cover the territory of Ukraine as a result of the implementation of measures provided for in the Association Agreement and the above Strategy. It was emphasized that the scale of the obligations undertaken by Ukraine to harmonize the food legislation requires prompt and qualified organizational work by the Ukrainian competent authorities.

Author Biography

  • I Berezovska, Institute of International Relations of Taras Shevchenko National University of Kyiv
    Candidate of Legal Sciences, Research Associate

References

Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part // Official Journal L 161, 29. 5. 2014, P. 3–2137.

Regulation №178/2002 of 28 January 2002 of the European Parliament and the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety// Official Journal L 31/1 1. 2. 2002, P. 1.

Regulation №852/2004 of the European Parliament and the Council of 29 April 2004 on the hygiene of foodstuffs // Official Journal L 139, 30. 4. 2004, P.1.

Regulation № 853/2004 of the European Parliament and the Council of 29 April 2004 laying down specific hygiene rules for food of animal origin // Official Journal L 139, 30. 4. 2004, P. 55.

Regulation №882/2004 of the European Parliament and the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules // Official Journal L 165, 30. 4. 2004, P. 1.

Regulation №854/2004 of the European Parliament and the Council of 29 April 2004 laying down specific rules for the organisation of official controls on products of animal origin intended for human consumption // Official Journal L 139, 30. 4. 2004, P. 206.

Law of Ukraine ≪On the safety and quality of food≫ of 23 December 1997, № 771/97-VR // Official Bulletin of Ukraine from 05.02.1998., Number 3, P. 13, Article 75, Code Act 4679/1998.

Law of Ukraine ≪On ensuring sanitary and epidemiological welfare of population≫ of 24 February 1994, № 4004-XII // Voice of Ukraine from 08. 04. 1994.

Law of Ukraine ≪On veterinary medicine≫ of 25 June 1992, № 2498-XII // Voice of Ukraine from 24. 02. 1997.

Law of Ukraine ≪On Protection of Consumers' Rights≫ of 12 May1991, №1023-XII // Voice of Ukraine from 08. 06. 1991.

Law of Ukraine ≪On Standardization≫ of 17 May 2001, №2408-III // Voice of Ukraine from 20. 06. 2001.

Law of Ukraine ≪On confirmation of compliance≫ of 17 May 2001, № 2406-III // Voice of Ukraine from 26. 06. 2001.

Law ≪On amendments to some legislative acts of Ukraine concerning food≫ № 1602-VII of 22 July 2014 // Voice of Ukraine from 19. 09. 2014.

Resolution of the Verkhovna Rada of Ukraine № 1605-VII from 22. 07. 2014 on adopting a draft Law of Ukraine on State controls carried out to verify compliance with the law on safety and quality of food and feed, animal health and welfare // http://zakon2.rada.gov.ua/laws/show/1605-18

Council Decision 2017/189 of 16 January 2017 // Official Journal of the European Union L 29/40 3 February 2017.

Resolution of the Cabinet of Ministers of Ukraine № 646 of 8 July 2015 ≪On organization of the Subcommittees of the Association Committee in the framework of the EU-Ukraine Association Agreement≫ // Governmental Courier N 170 of 16. 09. 2015.

Decree of Cabinet of Ministers of Ukraine №228 on 24 February 2016 “On Approval of Comprehensive Strategy for Implementation of Chapter IV (Sanitary and Phytosanitary Measures) of Title IV “Trade and Trade-related Matters” of the Association Agreement between Ukraine and the EU // Governmental Courier N 65 of 06. 04. 2016.

European Commission Directorate General for health and food safety Final report of an audit carried out in Ukraine from 05 september 2016 to 16 september 2016 in order to evaluate the control of residues and contaminants in live animals and animal products including controls on veterinary medicinal products DG (SANTE) 2016-8897 – MR // http://ec.europa.eu/food/audits-analysis/audit_reports/details.cfm?rep_id=3719

Decree of the Cabinet of Ministers of Ukraine № 76 of 27 January 2016 “Some issues of activities of the State Service of Ukraine on food safety and consumer protection”// http://www.kmu.gov.ua/control/uk/cardnpd?docid=248828510.

Churylova T. The issue concerning the adaptation of the Ukrainian legislation to the EU requirements in the sphere of food safety // Scientific Journal of International Humanitarian University. Series: “Law” – 2015, № 14, P. 60–63.

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Published

2017-11-18