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TWINNING PROJECT FICHE

Support for the Ukrainian Veterinary Services in Enhancing the Legal and Technical Aspects of Food Safety Control System

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THE LIST OF ACRONYMS, ABBREVIATIONS AND SPECIAL TERMS AAS - Atomic absorption spectrometry ABP - Animal By-Products AES - Atomic emission spectrometry BC- - Beneficiary Country BI - Beneficiary Institution BIP - Border Inspection Post CA - Competent Authority (C)CA - (Central) Competent Authority CMU - Cabinet of Ministers of Ukraine DAD - Diode array detection DG SANCO - Directorate General for Health and Consumer Protection EC - European Commission EU - European Union FVO - Food and Veterinary Office GC - Gas Chromatography HACCP - Hazard Analysis Critical Control Point HPLC - High performance liquid chromatography HPTLC - High performance thin layer chromatography HRMS - High resolution (mass spectrometry) IIR - Institute of Identification and Registration ISO - International Standard Organisation LC - Liquid chromatography LR (MS) - Low resolution (mass spectrometry) MAP - Ministry of Agrarian Policy MH - Ministry of Health MRL - Maximum Residue Level MRPL - Minimum required performance limit MS - Mass Spectrometry NRCP - National Residue Control Plan RASFF - Rapid Alert System for Feed and Food SCVM - State Committee of Veterinary Medicine in Ukraine SRILDVE - State Research Institute of Laboratory Diagnostics and Veterinary

Expertise SSRCI - State Scientific Research Control Research Institute of Veterinary Preparations and

Feed Additives TOC - Tables of correspondence TLC - Thin Layer Chromatography UV - Ultra Violet Light VMP - Veterinary Medicine Products WTO - World Trade Organisation

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TWINNING FICHE

1. BASIC INFORMATION

1.1 Programme: TACIS- National Action Programme 2006

1.2 Twinning Number: UA08/PCA/HE/15

1.3 Title: Support for the Ukrainian veterinary services in enhancing the legal and technical aspects of food safety control system

1.4 Sector: Agriculture & Public Health

1.5 Beneficiary Country: Ukraine

2. OBJECTIVES

2.1 Overall objective To support the economic development of Ukraine through: improving food safety and veterinary control, meeting the EU veterinary standards, enhancing consumer protection, and thus increasing the competitiveness of Ukrainian food products of animal origin on international markets.

2.2 Project purpose Food safety control system in Ukraine is improved in line with the EU veterinary and food requirements by enhancing institutional capacity and legal framework in the following areas: residue control, meat inspection, microbiological criteria for foodstuffs and veterinary border control.

2.3 Contribution to the PCA and to the EU-Ukraine European Neighbourhood Policy Action Plan (ENP-AP)

On 11 March 2003, the EU adopted a new framework for the relations with its neighbours, including Ukraine. In a Communication of the European Commission1 presenting so called European Neighbourhood Policy Action Plan (ENP-AP), Ukraine is mentioned as a priority country and is offered new opportunities, including the prospect of integration into the Single Market. The Partnership and Co-operation Agreement initiated on 23 March 1994 was a milestone in bilateral Ukrainian and EU co-operation and established background for further activities in the approximation of law, agricultural sector and, in particular, food safety, animal and public health issues. In the field of legislative co-operation, Ukraine and the EU have in their Partnership and Cooperation Agreement (PCA, 1994, article 51, 52) that “the Parties recognize that an important condition for strengthening the economic links between Ukraine and the Community is the approximation of Ukraine's existing and future legislation to that of the Community. Ukraine shall endeavour to ensure that its legislation will be gradually made compatible with that of the Community.” The approximation of laws shall extend, in particular, to the protection of health and life of humans, animals and plants. 1 “Wider Europe – Neighbourhood”

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The Community shall provide Ukraine with technical assistance as appropriate for the implementation of the respective measures which may include, without limitation: – exchange of experts; – provision of early information, especially on the relevant legislation; – organisation of seminars; – training activities; and – aid for the translation of Community legislation in the relevant sectors. In agriculture and the agro-industrial sector (see Article 60 of the PCA), “the Parties shall also aim at the gradual approximation of Ukrainian standards to Community technical regulations concerning industrial and agricultural food products including sanitary and phytosanitary standards.” The next crucial document was the European Union-Ukraine European Neighbourhood Policy Action Plan (ENP-AP) of 21 February 2005. The European Union-Ukraine European Neighbourhood Policy Action Plan (ENP-AP) also sets as a priority the gradual approximation of Ukrainian legislation, norms and standards with those of the European Union in the preparation for the progressive participation in the Internal Market. The legal approximation process is also the basis for the expected Free Trade Agreement in the framework of the New Enhanced Agreement (NEA) between the EU and Ukraine which has been launched in March 2007. Following confirmation of Ukraine's WTO membership in February 2008, the EU and Ukraine are in the process of negotiation on a deep and comprehensive free trade area (FT A) as a core element of the NEA. The Parties have decided that the agreement will be an Association Agreement, indicating a commitment on both sides to deepening their relationship through an association involving mutual rights and obligations. In addition, in the field of sanitary and phytosanitary issues (see par. 32 of the Action Plan), Ukraine and the EU agreed to “increase food safety for consumers and facilitate trade through reforms and modernisation of the sanitary and phytosanitary sectors.” Paragraph 32 of the agreement sets out a number of actions aimed at increasing food safety for consumers and facilitating trade through reforms and modernisation of the sanitary and phytosanitary sectors. These include the following:

– Ensuring implementation of the WTO Agreement on the Application of Sanitary and Phytosanitary Measures upon Ukraine’s accession to the WTO, including by nominating a central enquiry point and creating a rapid information system;

– Accession to the Codex Alimentarius Commission and the International Plant Protection Convention;

– Carrying out a comparative assessment of the sanitary and phytosanitary control systems in Ukraine and the EU;

– Review list of measures to be taken for gradual convergence towards the principles of the EU sanitary and phytosanitary control legislation and institutions, accompanied by timetables and a financing plan. Advance effective reform in this area (e.g. clear division of competences of institutions, principles of Directives 96/22/EC on prohibition of substances and 96/23/EC on monitoring the residues of substances);

– Conducting comparative assessment of EU and Ukrainian legislation in the sphere of food hygiene, including food processing. If necessary, draw up measures for legislative approximation in this area, accompanied by a financing plan;

– Progress in convergence with EU food traceability legislation; general food safety principles and requirements (Regulation (EC) No 178/2002); effectively implementing the Hazard Analysis Critical Control Point system at enterprises and controlling bodies, including the fish industry;

– Reviewing the national laboratory network and identifying the national reference laboratories in the sanitary and phytosanitary sectors with special attention given to the necessary equipment and appropriate methods of analysis (residue testing), and preparing for their accreditation in compliance with ISO standards; and

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– In the light of progress on the above, jointly defining steps towards veterinary and phytosanitary agreements.

In order to support the Ukrainian authorities in the priority areas which fall under the scope of the PCA Agreement and European Neighbourhood Policy Action Plan (ENP-AP), the European Commission approved several projects devoted to the food safety issues. The present Twinning project will contribute to strengthening the food safety control system in Ukraine. It is expected that the improvement of food safety control system within the framework of the Twinning project, will be an added value to the EU-funded project “Implementation of Ukraine’s commitments under WTO and ENP frameworks in the rural sector” (Sector Wide Approach). The present Twinning project will also contribute to the improvement of public health protection by increasing food safety control in Ukraine and meeting the EU veterinary standards and, in particular, the requirements of the PCA Agreement. It is expected that this improvement on EU food safety standards will enhance general product quality in Ukraine and facilitate the ability to export and import goods between Ukraine and the EU, thereby fulfilling essential objectives of the PCA and the European Neighbourhood Policy Action Plan (ENP-AP).

3. DESCRIPTION

3.1 Background and justification On 18 October 2006, EU Commissioner for Agriculture and Rural Development Mariann Fischer Boel and Ukraine's Minister of Agrarian Policy Yuriy Melnyk signed the Memorandum of Understanding on a dialogue on agricultural issues between the Ministry of Agrarian Policy of Ukraine and the Directorate General for Agriculture and Rural Development of the European Commission to set the framework for future cooperation. Between 17 and 27 of April 2007, the European Commission Food and Veterinary Office (FVO) carried out a mission in Ukraine. One of the main results of the FVO’s mission is a report concerning evaluation of the control of residues and contaminants in live animals and animal products including controls on veterinary medicinal products (DG SANCO 2007-7324 MR Final). The main conclusions of the report are as follows. Ukraine has an approved residue control plan for milk, eggs, honey and equines for direct slaughter under Commission Decision 2007/115/EC. Currently, honey and live horses are exported to the EU. The current residue control in equine does not provide guarantees with an effect equivalent to those provided for in Council Directive /96/23/EC, while the national residue controls of milk, eggs and honey fulfil the minimum requirements for export to the EU. However, the scope of substances is narrow and does not reflect the actual usage patterns of veterinary medicinal products. Sampling is clustered and not implemented in accordance with the regional sampling plan. There are controls on the distribution and use of veterinary medicinal products, but the controls fail to detect the distribution and use of illegal medicines.

The report provided several recommendations concerning: • improvement of the national residue control plan (expanding the scope of residue tested,

sampling in accordance with the plan, effective follow-up procedure); • laboratories (adequate funding corresponding to the task assigned to the laboratories in the

NRCP and national legislation, use of validated diagnostic methods); and • veterinary medicinal products (to increase effectiveness of the controls on distribution and

use of VMP). According to the recommendations provided, the Ministry of Agrarian Policy together with the State Committee of Veterinary Medicine (SCVM) and the State Research Institute of Laboratory Diagnostics and Veterinary Expertise (SRIDVE) are going to implement the following measures to eliminate shortcomings as identified in the report of the FVO mission;

- to expand the number of residues to be monitored from 80 to 200;

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- to increase the capability of the testing laboratories in order to enable them to monitor the increased number of residues;

- to train staff in the use of new equipment and methods to supervise the implementation of the National Residue Control Plan and other residue programmes and the increased number of residues;

- to improve inspection, monitoring, reporting and follow-up of the control of residues; and to establish a system of testing (interlaboratory proficiency rounds) in line with European practices.

Initially, the Ministry of Agrarian Policy of Ukraine (MAP), the SCVM and the SRILDVE was planning to use the present Twinning project as the main tool to implement the above mentioned recommendations. But after analysing the EU veterinary and food legislation, and after a discussion with EU MS experts at the beginning of the year 2008, the MAP has concluded that it is necessary to improve the Ukrainian food safety system in several priority areas, not limited to the residue control alone. The following considerations have been taken into account:

• Twinning project implementing residue control should also cover other core food safety issues2 important for implementation the ENP Action Plan;

• Ukraine has in place approved residue control plans for milk, eggs, honey and equines for direct slaughter under Commission Decision 2004/432/EC, as amended by Commission Decision 2007/115/EC. Currently, only honey and live horses are exported to the EU;

• Ukraine has also applied to the EU Commission for approval of the residue control plan for aquaculture products, bovines, swine and poultry. Following Ukraine’s application, a mission of the Food and Veterinary Office (FVO) took place in Ukraine from 17 to 27 April 2007. It was the first residues mission to Ukraine;

• Foodstuffs imported in the EU shall comply with the EU hygiene standards or with equivalent standards, and in particular, shall fulfil the requirements of: Reg. 178/2002, Reg. 852/2004, Reg. 853/2004, Reg. 854/2004, Reg. 882/2004, as well as related acts, such as Reg.2073/2005, Reg.2074/2005, Reg. 2075/2004, and Reg. 2076/2006;

• The export of Ukrainian aquaculture, bovine, swine and poultry products to the EU is possible only when all the requirements stipulated in the abovementioned Regulations are fulfilled, and the approval of the National Residue Control Plan is not a sufficient condition to assure food safety of meat and meat products. The approval of the NRCP by the EC is not sufficient to export aquaculture, bovine, swine and poultry products; and The PCA Agreement, as well as the European Neighbourhood Policy Action Plan (ENP-AP), cover many more topics, other than only residues. The documents refer to the approximation of laws, import and export conditions, and are a milestone step towards veterinary and phytosanitary agreement between Ukraine and the EU.

• Ukrainian veterinary border control procedure should be equivalent to the EC veterinary border control procedure.

In order to enhance the cooperation between the EU and Ukraine in the field of food safety, it was decided that the present Twinning project should cover the following important food safety issues: Component 1- residue control, Component 2- microbiological criteria for foodstuffs, Component 3- meat control, and Component 4- introduction to the veterinary border control. It is obvious that the implementation of residues control issues requested by the Ukrainian authorities should be accompanied in the Twinning project by food hygiene aspects and, in particular, meat

2 'Food safety': the assurance that food will not cause adverse health effects to the final consumer when it is prepared and eaten.

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hygiene including microbiological criteria (components 1-3). For complex food safety assurance, it is necessary to control also the imported foods (see component 4). Council Directive 97/78/EC requires that each imported consignment shall be subject to veterinary controls. These checks may include analytical tests for residues of pharmacologically active substances in order to verify whether the consignment fulfils the requirements of Community legislation. Following Commission Decision 2005/34/EC of 11 January 2005, laying down harmonised standards for the testing for certain residues in products of animal origin imported from third countries, imported consignments are subject to the maximum residue limits (MRL) to be applied in food control according to Council Directive 96/23/EC (established for pharmacologically active substances by Council Regulation (EEC) No 2377/90), as well as the minimum required performance limits (MRPLs) set according to Commission Decision 2002/657/EC implementing Council Directive 96/23/EC.Therefore, the implementation of Component 4: veterinary border control is necessary in the Twinning project for a complex improvement of the residue control system as a part of Ukrainian food safety control system. The present Twinning project is designed to support Ukraine in the application of a Sector Wide Approach Program (SWAP) for agriculture and rural development, within the context of WTO accession and greater EU integration, so-called "Implementation of Ukraine’s commitments under WTO and ENP frameworks in the rural sector (Sector Wide Approach)". Ukraine already joined the WTO and therefore has to cope with the WTO requirements. Increased international integration and harmonisation, through WTO and EU market integration (with a further possibility of establishing a free trade area with the EU), will help Ukraine to focus on improved global market access, higher standards and greater competitiveness over time, and improved rural livelihoods.

3.2 Linked activities Tacis Ukrainian-European Policy and Legal Advice Centre (UEPLAC IV) The overall objective of the project is to strengthen understanding, implementation and ownership by the Ukrainian authorities, of the whole process of legal approximation to the EU acquis in the areas foreseen in the Partnership and Cooperation Agreement (PCA) and in the European Neighbourhood Policy Action Plan (ENP-AP). Therefore, effective coordination must be ensured between the UEPLAC IV and this Twinning project. TAIEX - the Technical Assistance and Information Exchange Instrument managed by the Institution Building unit of the Directorate-General Enlargement of the European Commission The aim of this instrument is to provide short-term technical assistance in line with the overall policy objectives of the European Commission in the field of approximation, application and enforcement of EU legislation. The TAIEX events implemented with the participation of Ukrainian specialists have included the following:

• Seminar on the Dialogue and Common Activities between the OIE Member-Countries of EU and the other OIE Member-Countries of the OIE Regional Commission for Europe (Kyiv (Ukraine), June 23 – 24, 2007); participants mainly from the SCVM and the SRILDVE;

• The 12-th Joint Annual Meeting of the National Reference Laboratories (NRL) for Newcastle Disease (ND) and Avian Influenza (AI) (Brussels (Belgium), October 16–18, 2006); attended by one representative form the SCVM;

• Annual Laboratory Meeting (Stralsund (Germany), May 23–25, 2007); attended by two representatives from the SCVM;

• Workshop on the Design and Interpretation of Post FMD-Vaccination Serosurveillance by NSP tests (Brussels (Belgium), October 23 – 25, 2007), attended by two representatives; and

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• Use of reference materials and the estimation of measurement uncertainty (Geel, Belgium, 2–3 April 2008); attended by one representative from State Scientific Research Control Research Institute of Veterinary Preparations and Feed Additives.

In the past several years, TAIEX implemented in the associated and neighbourhood countries a series of training and workshops on the approximation of legislation and, in particular, the “hygiene package”: Regulations 852/2004, Regulation 853/2004, Regulation 854/2005, Regulation 882/2004, HACCP principles, microbiological criteria for foodstuffs, residue monitoring, and veterinary border control. Materials used during the aforementioned training and workshop sessions (available from the TAIEX website), should also be used in the preparation and implementation of training under this Twinning project. Tacis Project 2003, “Establishment of an Agricultural Standards Certification and Control Mechanism in Line with WTO-SPS Requirements” The project assisted the Ministry of Agrarian Policy in creation and implementation of a new legal framework for EU harmonized food standards and certification mechanisms in the areas of food safety and food production. It additionally provided assistance for the development of harmonized and transparent standards in line with WTO-SPS. The project also included training for Ukraine's Department of Veterinary Medicine, the State Research Institute of Laboratory Diagnostics and Veterinary Expertise (SRILDVE) and other related departments, particularly, in the inspection and control services, on the WTO-SPS Agreements, and finally an awareness-raising campaign directed at the private food sector on product liability and food safety. The project focused on institutional strengthening of the SRILDVE, with a view to achieve its accreditation by a European accreditation body. Japan’s Technical Cooperation Project in Agriculture Sector of Ukraine During the years 2006-2007, Ukrainian specialists participated in the following project activities:

• from 22 October to 22 December, 2006, two Ukrainian experts in food and feed quality from the National Agricultural University of Ukraine participated in Phase 1 of the Technical Cooperation Project “Improvement of Practical Science Education for the Ukrainian Laboratory of Quality and Safety of Agricultural Products;” and

• from 14 October to 8 December, 2007, four Ukrainian experts from the National Agricultural University of Ukraine participated in Phase 2 of the project focused on practical training in Japan in the food and feed safety.

The above mentioned visits in Japan were important to underline the importance of food safety issues among Ukrainian scientist, and provided background for a better reception of further EC veterinary and food safety projects. Tacis AP 2006 Project “Implementation of Ukraine’s commitments under WTO and ENP frameworks in the rural sector (Sector Wide Approach) The contract will cover the following components: - Institutional development of the Ministry of Agrarian Policy of Ukraine; - Food safety; - Market infrastructure; and - Rural development. As far as food safety component is concerned, the contract envisages achieving the following results: • Harmonised food and veterinary Ukrainian legislation put in place • Gap analysis and overall strategy for food safety in Ukraine prepared • Food safety institutional framework analysed, suggestions for improvement made, at least one

study tour to European Food Safety Agency organised • Staff of the Agency for Animal Identification & Registration trained • Animal Identification & Registration System and movement control system improved in at least

5 pilot enterprises • Supply tender dossier prepared, reference laboratories operational in residue analysis in pilot

regions; residue testing to international standards ensures that any import restrictions based on

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residue concerns removed for meat, milk and honey and related products; the cost of residue testing reduced

• Laboratory staff, inspectors and vets in food safety issues trained on food safety issues (at least 100 specialists)

• Effective co-ordination between SWAP constituent contracts and other projects • Three food standards validated • Access to veterinary databases implemented and DG SANCO newsletters translated The service contract will be accompanied by the supply contract (3 MEUR) which includes a purchase of the equipment for the reference laboratories and the equipment needed for the MARS crop forecasting system.

3.3 Results Component 1: Residue Control The food safety control system in Ukraine is improved in line with EU rules through enhanced control of residues and contaminants in live animals and food products of animal origin, including control of veterinary medicinal products.

Component 2: Microbiological Criteria for Foodstuffs (sampling and testing procedure) Ukrainian microbiological food safety improved through: transposition into the national legislation of Commission Regulation 2073/2005 on microbiological criteria for foodstuffs, and gradual implementation of the Regulation’s provisions by food processing enterprises, as well as conformity control of the microbiological criteria by veterinary and sanitary authorities. Component 3: Meat Control and Food Safety, selected topics The Ukrainian meat control system improved through the implementation of: the meat control procedure according to Annex 1 to Regulation 854/2004, the trichinella examination procedure according to Commission Regulation 2075/2003, as well as animal welfare requirements according to Directive 93/119. Component 4: Veterinary border control Food safety control system in Ukraine improved through enhanced veterinary border control of live animals and animal products in line with EU requirements.

3.4 Activities A1. Component 1: Residue Control A1.1. Improvement of the Ukrainian residue legislation and, in particular, legal basis for the NRCP

A.1.1.1. Translation of residue legislation3 (see Annex 5 for the list of residue legislation to be translated).

3 The MS Twinning partner should take into consideration that the European Commission is currently working on substantial general amendments to the structure and content of the legislation on residues. In the coming months, Regulation 2377/90 will be amended. It is also anticipated that, during the Twinning project implementation period, the listed legal acts (Directives 96/22, 96/23 and others) will be replaced by the regulations to be adopted. Therefore, the list of documents to be translated translation must be updated and adjusted according to the new situation.

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A.1.1.2. Drafting proposals on amendments to the main Ukrainian veterinary acts: the Law of Ukraine № 7602 of 22 December 2005 on veterinary medicine, the Law of Ukraine № 2809-IV of 6 September 2005 on quality and safety of food products, and the Law of Ukraine № 877-V of 5 April 2007 on the major principles of the state supervision (control) in the sphere of commercial activity.

A.1.1.3.Assistance in drafting proposals for implementation of legal acts developed in A.1.1.2. The legal acts shall at least define: - the list of prohibited substances covered by monitoring, and the list of MRLs substances; - the scope of control examination covered by monitoring, type and size of samples and

method of taking samples; - the methods determining the presence of prohibited substances; - the procedures for keeping documentation on carried-out actions; and - procedures in case of identification of prohibited substances or residues. This will also include assistance in preparation of the proposals to the Cabinet of Ministers on introduction of food and feed control according to the principle “from farm to fork”. That includes analysis of institutional arrangements to be made to handle the mandate of food and feed control in line with principle “from farm to fork to fork” and capacity in this regard of the State Committee of Veterinary Medicine in Ukraine.

A.1.2. Assistance in eliminating the drawbacks identified by FVO experts According to SRILDVE, the State Committee of Veterinary Medicine in Ukraine has done some work to improve the NRCP in line with the FVO report recommendations. Important thing remained to do, in SRILDVE’s opinion, is to master the verification methods of residue identification (FVO recommended to add the verification methods in the NRCP).

A.1.2.1.Twinning experts will verify that the NRCP is already improved: - for equine - A1 (stilbenes), A2 (thyerostats), A4 (zeranol), A6 (nitroimidazoles), B1 (antimicrobials), B2a

(anthelminthics), B2b (anticoccidials), B2c (carbamates and pyrethroids), B2d (sedatives), B3a (organochlorines), B3b (organophosphates), B3c(chemical elements), and B3d (mycotoxins);

- certain substance groups specified in Annex II to Council Directive 96/23/ EC: - for bovines, substance groups B2b (anticoccidials) and B2d (sedatives); - for swine, substance groups B2b (anticoccidials) and B2d (sedatives); - for poultry, substance group B2d (sedatives); and - for aquaculture, substance group B2a (anthelminthics); - obligatory (E4 essential) substance group A6 (nitroimidazoles) in the testing of samples from

swine, poultry, and horses; - HD5 substance group A6 (nitroimidazoles) in the testing of samples from aquacultures and eggs; - Increased the number of tested substances of the following substance groups:

o group A3 – only nortestosterone tested, o group B1 - only tetracycline and sulfonamides tested, o group B2a – only albendazol tested, o group B2c – only deltamethrin tested;

- whether the remaining two (2) nitrofurane, methabolites SEM, ADH for pig, poultry and eggs are included under the NMCP (only AMOZ and AOZ are covered now);

- whether the testing for the following substances are included under the NMCP: o ivermectin, fenbendazole, levamizole, streptomycin and enrofloxacin for several species, o amitraz for bees, o penicillin, amoxicillin, and gentamycin for dairy cows, o tylosin for swine, and o lasalocid and maduramycin for poultry.

A.1.2.2.Regarding the implementation of the NRCP

4 E (essential): The monitoring of these substances or group of substances is mandatory. 5 HD (highly desirable). Monitoring for these groups is mandatory in the Member States. Ideally a third country should also monitor these groups, however, if they are not monitored, evidence must be provided justifying this decision.

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- an instruction on sampling, including on-farm/slaughter-house sampling is improved; - an instruction for registration of the quantity of samples to be indicated in the NRCP and

the number of analyses, possibility/impossibility to unite methodologies of identification of veterinary substances 6 is drafted.

A.1.2.3.Regarding residue control programmes on pre-export testing: - an instruction on residue control, of exported products is drafted. A.1.2.4.Regarding follow-up of non-compliant results: - Development of a procedure in line with Council Directive 96/23/EC for

unauthorized/illegal substances and detection of authorized substances exceeding MRL; - Improving the reporting procedure from the lower to the upper level. Follow-up files

should be made available at the State Committee of Veterinary Medicine in Ukraine and in the State Scientific Research Institute of Laboratory Diagnostics and Veterinary Sanitary Testing. The State Committee of Veterinary Medicine should supervise the State Scientific Research Institute of Laboratory Diagnostics and Veterinary Sanitary Expertise, and the State Scientific Research Institute of Veterinary Products and Feed Additives. The State Scientific Research Institute of Laboratory Diagnostics and Veterinary Sanitary Expertise should supervise local laboratories;

- development of follow-up actions by way of withdrawal and/or destruction of contaminated products, and actions oriented towards producing establishments in line with EU practices;

- Development and implementation of the awareness system according to the results of the NCRP. Disseminating information through the website of the State Committee of Veterinary Medicine.

A.1.3. Veterinary laboratory staff training in Ukraine

A.1.3.1 Theoretical training for laboratory staff (12 participants from 6 regional laboratories) enhancing the professional capacity of veterinary laboratories’ staff with regard to the topics covered by Commission Decision 2002/657/EC of 12 August 2002, implementing Council Directive 96/23/EC concerning the performance of analytical methods and the interpretation of results, and in particular concerning:

- procedures for the validation of screening and confirmatory methods used in the testing of official samples taken, pursuant to Article 15(1), second sentence, of Directive 96/23/EC,

- specification of common criteria for the interpretation of analytical results of official control laboratories for such samples, and

- introduction of the Minimum Required Performance Limits (MRPLs) intended to promote harmonised implementation of Directive 96/23/EC for substances for which no permitted limit has been established.

A.1.3.2 Practical laboratory training for laboratory staff from six (6) Ukrainian regional residue laboratories. The training will be organised by MS Twinning experts for 12 Ukrainian laboratory specialists. The topics of training will be similar to those specified in point A.1.5.1, and will focus on:

• for the first group of specialists: the definition of hormones - thyrostatics, practical use of definition methods such as LC/MS/MS, GC/MS/MS; validation of the methods and verification of the methodologies of residue identification in foodstuffs in accordance with Decision 657/2002;

• for the second group of specialists: coccidiostats, histamine, antihelminthics, use of definition methods (HPLC, LC/MS/MS, GC/MS/MS); validation of methods and verification of the methodologies of residue identification in the foodstuffs in accordance with Decision 657/2002;

6 The purpose for such instruction is that single samples were used for multiple analyses for different groups of substances, and the results were recorded as if taken from many different samples; thus the number of samples taken was much smaller than the number stipulated in the NRCP

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• for the third group of specialists: sedatives, use of definition methods (LC/MS/MS, GC/MS/MS),validation of methods and verification of the methodologies of residue identification in the foodstuffs in accordance with Decision 657/2002;

• for the fourth group of specialists: nonsteroidal drugs, use of definition methods (LC/MS/MS, GC/MS/MS),validation of methods and verification of the methodologies of residue identification in the crude foodstuffs in accordance with Decision 657/2002;

• for the fifth group of specialists: sulfonamide, nitrofurane, nitrofurane methabolites, chloramphenicol, use of definition methods (LC/MS/MS, GC/MS/MS),validation of methods and verification of the methodologies of residue identification in crude foodstuffs in accordance with Decision 657/2002; and

• for the sixth group of specialists: beta-agonists, use of definition methods (LC/MS/MS, GC/MS/MS), validation of methods and verification of the methodologies of residue identification in foodstuffs in accordance with Decision 657/2002.Certificates should be issued upon the completion of laboratory training.

A.1.4. Training for veterinary inspectors in Ukraine

A.1.4.1. Theoretical training (lecture, seminars) for at least 50 veterinary inspectors on EU residue legislation and NRCP. Training/lectures for veterinary inspectors on topics covered by EU residue legislation and in particular on:

- the ban on the use of Group A and B substances, including in particular: hormones, thyrostatic substances and ß-agonists, following Council Directive 96/22/EC of 29 April 1996 as on the basis other Community acts;

- other substances banned from use in animal production in the EU, which are not currently listed in Group A. Examples include malachite green, and other substances like carbadox, olaquindox - Reg. 2788/98, nifursol – Reg. 1756/2002;

- MRL- Council Regulation (EEC) No 2377/90, and MPRL - Commission Decision 2002/657/EC and Commission Decision 2005/34/EC;

- measures to monitor the substances and groups of residues listed in Annex I of Council Directive 96/23/EC;

- sampling levels and frequency for the monitoring of certain substances and residues thereof in milk, eggs, rabbit meat and the meat of wild game and farmed game, and honey, set out in the Annex I to Commission Decision 97/747, which supplements the sampling levels and frequency set out in Annex IV to Directive 96/23/EC;

- follow-up procedure in conformity with Council Directive 96/23/EC, for unauthorized/illegal substances and detection of authorized substances exceeding MRL;

- authorization of veterinary medicinal products covered by Directive 2001/82/EC; - Member States legislation on residue control implementing EU Directives and Regulations, - drafting and implementation of the NRCP, tasks of local veterinary inspection units in the

implementation of the NRCP, and - other relevant issues. Foreseen minimal number of training sessions: 6 regional training sessions, one in each selected region. A.1.4.2. Practical training for at least 25 veterinary inspectors on residue control in the countryside (farms, food producing establishments, warehouses, pharmacies, etc.). Residue inspection training for veterinary inspectors, focusing on: • residue inspection and sampling procedure in the farms, slaughterhouses and food producing establishments (sampling in the framework of the NRCP), • residue control in feedingstuffs (production control, sampling), • actions in case of non-conformity, detection of prohibited substances or illegal use of substances, • review of official documentation, and • veterinary control of the use of VMP (control of pharmacies, farms, warehouses).

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Foreseen number of training sessions: six (6) regional training sessions, one in each selected region.

A.1.5. Training in EU Member States

A.1.5.1. Laboratory practical training for Ukrainian laboratory staff in a Member State National Residue Reference Laboratory and practical training for veterinary inspectors.

Module 1: Training for six (6) directors of Ukrainian laboratories, five working days in MS laboratories During the practical training, participants from Ukrainian laboratories should be trained on: organisation of laboratory checks in MS, organisation of laboratory network and computerized data collection system, usage of new laboratory equipment for analytical methods, screening methods and confirmatory methods for organic residues or contaminants of group A and B (see Annex I to Commission Decision 2002/657/EC), and in particular, the usage of: GC-MS (Gas chromatography-mass spectrometry), LC-MS-MS (Liquid chromatography ‘ Tandem’ Mass Spectrometry), as well as HPLC (High Performance Liquid Chromatography), RIA (Radioimmuno assay) ELISA-test. ImmunoSorbent Assay). Module 2: Training for 6 laboratory specialists from the Ukrainian residue laboratories in a Member State National Residue Reference Laboratory Duration: five (5) working days.

The training is to be focused on: o for the first specialist: the definition of hormones - thyrostatics, practical use of diagnostic

methods such as LC/MS/MS, GC/MS/MS; validation of the methods and verification of the methodologies of residue identification in foodstuffs in accordance with Decision 657/2002;

o for the second specialist: coccidiostats, antihelminthics, use of diagnostic methods (HPLC, LC/MS/MS, GC/MS/MS); validation of methods and verification of the methodologies of residue identification in the foodstuffs in accordance with Decision 657/2002;

o for the third specialist: sedatives, use of diagnostic methods (LC/MS/MS, GC/MS/MS),validation of methods and verification of the methodologies of residue identification in the foodstuffs in accordance with Decision 657/2002;

o for the fourth specialist: nonsteroidal drugs, use of diagnostic methods (LC/MS/MS, GC/MS/MS),validation of methods and verification of the methodologies of residue identification in the crude foodstuffs in accordance with Decision 657/2002;

o for the fifth specialist: sulfonamide, nitrofurane, nitrofurane methabolites, chloramphenicol, use of diagnostic methods (LC/MS/MS, GC/MS/MS),validation of methods and verification of the methodologies of residue identification in crude foodstuffs in accordance with Decision 657/2002; and

o for the sixth specialist: beta-agonists, use of diagnostic methods (LC/MS/MS, GC/MS/MS), validation of methods and verification of the methodologies of residue identification in foodstuffs in accordance with Decision 657/2002. Certificates should be issued upon the completion of laboratory training.

A.1.5.2. Five day-practical training on residues for five veterinary inspectors in an EU MS local veterinary inspection unit, focusing on: - residue inspection and sampling procedure in the farms, slaughterhouses and food

producing establishments (sampling in the framework of the NRCP); - residue control in feedingstuffs (production control, sampling), - action in case of nonconformity, detection of prohibited substances or illegal use of

substances, - review of official documentation, and - veterinary control of the use of VMP (control of pharmacies, farms, warehouses).

Certificates should be issued upon the completion of laboratory training. A.1.6. Elaboration of guides, manuals and other publications

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A.1.6.1. Elaboration of the Guide "How to Write the National Residue Control Plan” and its distribution to the SCVM and the SRILDVE.

The guide shall contain: - Clarification of the purposes of the National Residue Control Plan (NRCP); - Description of EU legislation on the monitoring of residues and contaminants in food

products of animal origin; - Residue monitoring requirements sought from third countries wishing to export food to

the EU; - Evaluation and approval of residue monitoring plans from third countries by EU

authorities; - Key elements required in a residue control plan such as: initial plan submitted by a third

country, subsequent residue control plans, description of the structure of the residue control plan;

- Information about sampling levels and frequencies; - Information about the selection of residues and contaminants to be included in the residue

control plan; - Maximum Residue Limits and ‘action levels' in food of animal origin and feedingstuffs

actual in the EU; - General instructions and pro-formas for submission plans and results and the

implementation procedure for the national, regional and local levels of veterinary services to ensure the implementation of EC requirements while inspecting, checking and reporting;

- Other relevant information. Individually tailored consultations should be provided for Ukrainian officials (1-3 persons) responsible for the NRCP planning. Information on the content and implementation of the NRCP should be included as part of the training for local veterinary inspectors mentioned in point 2.4.1.

A.1.6.2. Elaboration of “Provisions on reference laboratories on determining certain groups of substances, indicators of quality and safety substances for cargo goods controlled by the State Veterinary Medicine Service or on specific directions for detecting diseases”.

A.1.7.Assistance in improvement of the existing NRCP. Assistance in drafting proposals for the new NRCPs for residue monitoring of selected animals and/or products, which are planned to be exported by Ukraine in the nearest future.

A.2. Component 2: Microbiological Criteria for Foodstuffs (Sampling and Testing procedure) A 2.1. Approximation of Ukrainian law to EU laws on microbiological criteria for foodstuffs

A.2.1.1. Carrying out translations

Translation of Commission Regulation (EC) No. 2073/2005 of 15 November 2005 on microbiological criteria for foodstuffs (Text with EEA relevance) (OJ L 338, 22.12.2005, p. 1; corrigendum by OJ No. L 283, 14.10.2006, p. 62. – see the list of translations).

A.2.1.2. Drafting proposals of amendments to legal acts

Drafting proposals of amendments to the Law of Ukraine, № 7602 of 22 December 2005 on veterinary medicine, the Law of Ukraine, № 2809-IV of 6 September 2005 on quality and safety of foodstuffs, the Law of Ukraine № 877-V of 5 April 2007 "On the Major Principles of the State Supervision (Control) in the Sphere of Commercial Activity”, thereby enabling the adoption of the respective legal regulations on microbiological criteria for foodstuffs.

A.2.1.3 Drafting proposals for implementing measures

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Adoption of Regulation 2073/2005 as it is. The Regulation could replace the existing Ukrainian so called “methodical Instructions”7 on the microbiological control of products.

A.2.2. Preparing a Guide for food industry on the interpretation of Regulation 2073/2004. The guide shall include, without limitation, the following information: - Microbiological food safety objectives; - General responsibilities of food industry operators and reasons for introducing microbiological

criteria; - Use of microbiological criteria – food safety criteria and food hygiene criteria; - Emphasis on prevention in controlling food safety hazards and the use of criteria to support

procedures based on HACCP principles and GHP; - Legal basis and obligations of food industry operators; - Requirements by competent authorities; - Framework within which microbiological criteria are set down and basis for the introduced

criteria; - Comment that harmonised criteria will replace national criteria; - Labelling requirements (instructions for use) and obligation for these to be reflected in the

frequency of testing; - Sampling and testing of the processing environment; - Flexibility for setting sampling and testing frequency, food safety management procedures based

on HACCP principles and GHP, including the possibility for frequency to be set at Community level, where necessary;

- Use of reference methods for testing and flexibility for use of alternative methods and indicators; - Requirement for trend analysis; - Provision for review and revision of criteria; and - Criteria for meat and processed meat, which should take account of improvements in Salmonella

prevalence brought about by national control. - Procedure on preparation and implementation of Zoonoses monitoring plan including the control

for Salmonella. A.2.3 Training provided in Ukraine on the interpretation of microbiological criteria for foodstuffs, sampling and testing.

25 Ukrainian veterinary inspectors and microbiologists from laboratories will be trained on the following topics: - Article 2 of Regulation (EC) No. 2073/2005:

o “Batch,” “Food safety criterion,” “Process hygiene criterion,” “Compliance with microbiological criteria,” “Sample, “Representative sample;”

- Article 2 of Regulation (EC) No. 882/2004: o “ official control,” “competent authority,” “monitoring,” “surveillance;”

- Article 3 of Regulation (EC) No. 178/2002: o “ Food business operator,” “Food law,” “Risk,” “Risk assessment;” o the following Codex definitions (CAC/GL 50-2004): o “Sampling plan,” “Two-class attribute plan” (values n and c), o “Three-class attribute plan” (values n, c, m, and M);

7 Methodical instructions on sanitary microbiological control of production of cold smoked and hot smoked fish № РГ-82 Methodical instructions “Scheme of complex inspection of milk processing establishments by food hygiene experts and epidemiologists” №409-86 Methodical instructions on microbiological control of production on establishments of milk industry, 1987 Methodical instructions “Laboratory diagnosis of salmonelloses in humans and animals, detection of salmonella in feeding stuffs, food products and environment”, 1990 Instruction on microbiological control of production on establishments of milk industry, 1987 Instruction on sanitary microbiological control of production of foodstuffs derived from fish and marine invertebrates №5319-91

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- The role of Competent Authority and official laboratories in controlling the microbiological criteria;

- Relevant Community rules for sampling (Article 11 of Chapter III of Regulation (EC) No. 882/2004);

- Reference sampling method for sampling of processing areas and equipment - Article 5(2) of Regulation (EC) No. 2073/2005 refers to ISO 18593;

- Reference methods in the absence of more specific rules on sampling and preparation of test samples - Point 3.1 of Chapter 3 of Annex I to Regulation (EC) No. 2073/2005 refers to relevant standards of ISO and the guidelines of the Codex Alimentarius;

- Bacteriological sampling in slaughterhouses and at premises producing minced meat and meat preparations - Point 3.2 of Chapter 3 of Annex I to Regulation (EC) No 2073/2005; and

- Purpose of sampling as well as sampling strategy: objective sampling, selective sampling and suspect sampling.

A.2.4 Practical laboratory training in MS microbiological laboratories. On-job training in Member State microbiological laboratories (National Reference Laboratories and/or regional veterinary laboratories) for six (6) Ukrainian microbiologists on: - organisation of laboratory checks, - organisation of laboratory proficiency tests PT, and - modern microbiological testing methods, for example:

a) reference methods specified for food safety criteria - Salmonella – ISO 6579 - L.monocytogenes – ISO 11290 parts 1 & 2 incorporating amendment 1 - E.coli in shellfish– ISO 16649-3 - E.sakazakii in infant formulae and dried infant foods – ISO 22964 - St.aureus enterotoxin – CRL screening method b) reference methods specified - food hygiene criteria - ACC – ISO 4833 (pour plate method) - Enterobacteriaceae – ISO 21528 parts 1 & 2 - E.coli – ISO 16649 parts 1,2,3 - Coagulase positive staphylococci – ISO 6881 parts 1& 2 - Salmonella (meat & poultry carcasses) – ISO 6579

A.2.5. Training of the veterinary inspectors in EU Five veterinary inspectors will be trained (5 working days) on the following sampling procedures8: Performing the sampling of red meat carcases:

- Destructive or non-destructive methods can be used; - Destructive method 4 sites = 20 cm2; - Non-destructive method 4 sites = 100cm2 each; - Four sites on five random carcases; - Sampling rules are followed according to standard ISO 17604; and - Salmonella sampling with an abrasive sponge sampling method; sampling area of 100 cm2

per site (min.). The training could also contain a visit to a poultry slaughterhouse; in this case the following procedure is to be covered: Sampling poultry carcases:

- Salmonella analyses – min. 15 random carcases after chilling; - 10 g from neck skin from each carcase; and - Neck skin samples from three carcases pooled before examination.

8 Please note that the microbiological tasks, e.g., training on the microbiological sampling procedure will be implemented in the framework of the study visit for veterinary inspectors mentioned in Component 3 – meat control, point 3.6, as part of the meat control procedure.

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A.3. Component 3: Meat Control and Food Safety, selected topics A.3.1 Approximation of Ukrainian legislation to EU legislation on meat control, trichinella examination and animal welfare during slaughtering.

A.3.1.1. Translation of the following legal acts important for meat control issues (see also the list of translations in Annex 5);

- Commission Regulation (EC) No. 2075/2005 of 5 December 2005 laying down specific rules on official controls for Trichinella in meat (OJ No.. L 338, 22.12.2005, p. 60); and

- Council Directive 93/119/EC of 22 December 1993 on the protection of animals at the time of slaughter or killing (OJ L 340, 31/12/1993 P. 2); Verification, by MS experts and BI experts, of the translations of legal acts provided in the framework of earlier projects (SWAP food safety component), where the respective translations are to be used for the purposes of the Twinning project, including the following legal acts;

- Regulation (EC) No. 852/2004 of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs (OJ No. L 139, 30.04.2004, p. 1, corrigendum by OJ No. L 226, 25.06.2004, p. 3);

- Regulation (EC) No. 853/2004 of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for on the hygiene of foodstuffs (OJ No. L 139, 30.04.2004, p. 55; corrigendum by OJ No. L 226, 25.06.2004, p. 22);

- Regulation (EC) No. 854/2004 of the European Parliament and of 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, (OJ No. L 155, 30.04.2004, p. 206) as amended by (EC) No. 882/2004 (OJ No. L 165, 28.05.2004, p. 1), corrigendum by (OJ No. L 226, 25.06.2004, p. 83); and

- Regulation (EC) No. 882/2004 of the European Parliament and of 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, (ON No. L 165, 28.05.2004, p. 1; corrigendum by OJ No. L 191, 30.04.2004, p. 1).

A.3.1.2. Assistance in drafting proposals of meat control legal acts Drafting proposals of amendments to the Law of Ukraine, № 7602 of 22 December 2005 on veterinary medicine, and the Law of Ukraine, № 2809-IV of 6 September 2005 on the quality and safety of foodstuffs, enabling the transposition of Regulation 854/2004 (the chapters referring to meat control issues), Regulation 2075/2005, Directive 93/119, and selected topics of Regulation 882/2004.

A.3.1.3. Assistance in drafting meat control implementing measures Drafting a proposal for implementing measures, including official controls, slaughter of animals, meat control, and trichinella examination covered by: Regulation 882/2004, Regulation 854/2004, Regulation 2075/2005, and Directive 93/119.

A.3.2 Lectures and training on meat control

A.3.2.1. Lectures for at least 25 Ukrainian veterinary inspectors (trainers) on meat control following the provisions of Regulation 854/2004 (Annex I), and in particular on: Meat inspection – the tasks of official veterinarians comprising:

- food chain information - ante-mortem inspection - post-mortem inspection - laboratory testing (unauthorized substances, residues) - health and identification marks within the responsibility of official veterinarians - decision following inspection:

o decisions concerning food chain information in respect of live animals o decisions concerning live animals o decisions concerning animal welfare, and o decisions concerning meat; all meat which may constitute a danger to human

health shall be declared unfit for human consumption;

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and also - responsibilities and frequency of inspections - specific requirements and hazards such as: transmissible spongiform encephalopathies,

cysticercosis, trichinosis, glanders, tuberculosis and brucellosis. - actions in case of non compliance, and - list of approved establishments (in a limited scope).

The above mentioned meat inspection control procedure should be followed by information on the general requirements for food producing establishments (Regulation 852/2004) and specific requirements for slaughterhouses, cutting plants and meat processing establishments (Regulation 853/2004). A.3.2.2. Training for at least 25 veterinary meat inspectors (trainers) on meat inspection Proposed topics of training (without limitation) are as follows:

- General obligations related to the organisation of the official controls in the EU food producing establishments;

- Theoretical training on ante-mortem and post-mortem inspection (including sampling for laboratory testing);

- Practical training on ante-mortem and post-mortem inspection (including sampling for laboratory testing) in Ukrainian slaughterhouses; and

- Training on identification and health marking.

A.3.2.3. Lectures and training on trichinella examination (theoretical)

Lecture on Trichinella examination according to digestive method required by Regulation 2075/2005 is a crucial component of the pig and horse meat inspection. A.3.2.4. Practical training on trichinella examination according to Regulation 2075/2005 (in a Ukrainian slaughterhouse’s veterinary laboratory and/or alternatively in the SRILDVE and local veterinary laboratories).

A.3.3 Lectures and/or training for at least 25 veterinary inspectors (trainers) on animal welfare issues during slaughtering having influence on food safety Training on animal welfare should focus on the influence of animal welfare problems to food safety and food quality (reduction of unnecessary suffering also reduces loss of quality and value of meat and animal by-products), and in particular, training will be required to address the following: - welfare during transport, loading and unloading animals in slaughterhouses; - animal welfare during slaughtering, Directive 93/119; - effects of stress and injury on meat and by-product quality; - Pale Soft Exudative (PSE) meat; - Dark Firm and Dry (DFD) meat; - spoilage of meat lactic acid in meat and bacteria in meat; and - food poisoning, bruising, injury, etc. A.3.4 Preparing a manual for veterinary meat inspectors on meat control (including ante-mortem and post-mortem inspection) Due to the fact that several such manuals exist, have been prepared in the framework of EC Phare or Tacis assistance programmes, or have been prepared by MS veterinary administration, the requirements for content of manual are not specified herein. A.3.5. Practical laboratory training for six (6) laboratory specialists on meat control in a Member State Laboratory Practical laboratory training in a Member State food control laboratory including Trichinella reference laboratory for veterinary laboratory parasitological experts from Ukrainian laboratories (the practical laboratory training may be organized together with the microbiological practical training, see Component 2, and should not be limited to trichinella only, but should also cover ascaridiosis coccidiosis, echinococossis, teniosis and other issues). A.3.6. Training in Member States’ meat producing establishments for 5 veterinary inspectors ( 5 days)

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A study visit to the Member States’ meat producing establishments (slaughterhouses, meat processing plants, game meat establishments), focused on practical training on the tasks of official veterinarian in relation to:

- approval of animal welfare conditions during transport and slaughtering, - meat inspection, ante-mortem and post-mortem inspection, - trichinella examination, sampling carcasses for trichinella, - microbiological sampling of carcasses (see also Component 2, point A.2.5 Study visit), and - audit of the general conditions (Regulation 852/2004) and specific conditions (Regulation

853/2004) for food establishments. A.4.Component 4: Introduction to the EU veterinary border control A.4.1 Introduction to the European Union veterinary border control system protecting consumers against harmful imported food and transmission of diseases

The Twinning experts will provide assistance in the following:

• Elaboration of the list of EU veterinary certificates; • Translation of the EU veterinary border control legislation (see the list of legislative acts to be

translated in Annex 5) and the most important EU veterinary certificates into the Ukrainian language;

• Drafting several most urgently needed Ukrainian certificates as model examples (on request of the SCVM); and

• Developing a guide for Ukrainian exporters and state veterinary inspectors on the new EC rules on food hygiene, official food controls and certain key questions related to import requirements.

• The recommendations for Ukrainian veterinary border control procedures. A.4.2. Training for at least 12 Ukrainian border veterinarians on:

Transposition of the EC Veterinary Border Control Law into Ukrainian legislation, including, without limitation:

• Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/ EEC and 90/675/EEC (1); and

• Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries; and

• other selected acts, see the relevant list of border control legislation in Annex 2. The training will also cover:

a) veterinary checks on animals from third countries entering EU/Ukraine; b) veterinary checks on products from third countries introduced into EU/Ukraine; c) veterinary documentation usage, especially Common Veterinary Entry Document (CVED); d) requirements for Border Inspection Posts.

A.4.3. Practical veterinary training at EU BIPs for five (5) border veterinarians. Practical training at EU Border Inspection Posts for five Ukrainian border veterinarians (5 days training at an airport's BIP, a seaport BIP, abroad and/or railway BIP). NB. In addition to above mentioned activities in 3.4. Activities, the Twinning project will ensure the provision of necessary information and assistance to the UEPLAC with aim of preparation of a final assessment of the level of approximation in the sectors subject to the Twinning and further steps to complete this alignment. The activity will allow to verify whether the project purpose is achieved. This is reflected on the level of verification of the project purpose in the logical framework.

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3.5 Means/Input from the MS Partner Administration:

3.5.1 Profile and tasks of the Project Leader

Role and tasks

Project Leader is expected to be a senior civil servant from MS-partner administration. He/she should be a high-ranking official. The Project Leader will direct, co-ordinate and control the overall progress of the project. He/she will lead the activities of the project, ensure the achievement of the mandatory results, and will be responsible for the implementation of the activities. He/she should coordinate, from the Member State side, the project Steering Committee meetings, which will be held in Ukraine every three months. The Project Leader is expected to devote a minimum three working days per month to carry out an on-site mission to Ukraine, and to attend the PSC meetings to be held at least once every three months. Profile

Qualifications and skills • University degree, preferably in veterinary medicine. • Good knowledge of English. • Command of Ukrainian/Russian would be a strong asset.

General professional experience • Preferably 10 years of professional experience in the field of food safety/veterinary services. • Experience in project management,

Specific professional experience • Specific experience in the management of official control systems applied to food products

and in particular residue control. • Knowledge of the EU legislation applicable to food and veterinary control, residue control. • Experience in Twinning Operations will be an advantage

3.5.2 Profile and tasks of the RTA

Role and tasks

Management responsibilities The RTA will be responsible for the day-to-day management and implementation of the project. He/she will coordinate the implementation of activities in compliance with the project work plan and will liaise with the RTA counterpart in Ukraine. The RTA will be stationed in Ukraine for a period of 21 months, and will be based at the head office of the State Committee of Veterinary Medicine or the State Research Institute of Laboratory Diagnostics and Veterinary Expertise in Kyiv. Profile

Qualifications and skills • University degree, • Excellent knowledge of the English language is a must, • Good command of Ukrainian/Russian would be an advantage, • PC Computer literacy with significant knowledge of common software applications such as

MS Word, Excel and PowerPoint, • Good interpersonal skills, • Strong analytical skills and team-working skills.

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General professional experience • Preferably ten years of professional experience in the field of official controls applied to the

enforcement of food and veterinary legislation in a MS administration, • Experience in project management, • Experience in project implementation in the Central and Eastern European countries is

desirable.

Specific professional experience • Experience in the implementation of official control systems applied to food products, • Specific experience in the organisation and operation of inspection services and basic

experience/knowledge on the organisation and operation of official laboratories. • Knowledge of the general structure and constituents of the EU food and veterinary laws, and

specific requirements of the EU legislation applicable to residue control and veterinary border control.

• Knowledge on the international food standardization framework, role of key international institutions (Codex, OIE, IPPC).

The RTA Assistant will be recruited and funded by the project. 3.5.3. Profile and tasks of the MS short-term experts (STE)

The project activities are estimated to require the mobilization at least 11 short-term experts, with different profiles, from the MS partner administration in order to complement the technical qualifications and skills of the RTA. The experts will principally be seconded from the MS government administration, except for specific fields of expertise for which the MS partner might need to outsource expertise from mandated bodies and/or other ministries/authorities. It is expected that laboratory experts will be mobilised from research institutes or reference laboratories as mandates bodies. The roles, tasks and profiles of the Short term Experts are detailed in the table below. General experiences of all Short-Term Experts are as follows:

• University degree in veterinary issues/food safety (except for the law harmonization expert). • Good knowledge of English, • Command of Russian/Ukrainian is not required, however will be a strong asset. • Good interpersonal and communication skills. • Good training skills.

The working language of the Twinning project will be English.

Roles, tasks and profiles of the Twinning Partner Short-Term Experts:

ST Experts profile

Role and tasks Specific skills, General experience and Specific experience

Residue law expert(s)

1. To improve the legal framework for the implementation of the National Residue Control Plan and residue control programmes. 2. To prepare and conduct training sessions for Ukrainian officials responsible for the adoption of the residue control legislation.

General experience: Preferably 7 years of professional experience in drafting veterinary and food legislation with special attention to residue legislation in a MS institution. • Strong analytical skills and team-working skills. • Experience in project implementation in Central and Eastern European countries would be an asset. Specific experience: • Prior experience in the harmonization of residue legislation. • Participation in Commission meetings / Council meetings on lawmaking, or the EU

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veterinary enlargement process and/or assessment of candidate countries legislation, will be an asset.

NRCP expert(s) 1. To elaborate the guide “How to Write the NRCP.” 2. To improve the existing NRCP and assist Ukrainian authorities in drafting a new NRCP for more products. 3. To prepare and conduct a training session on the NRCP. 4. To provide consultancies for Ukrainian specialists responsible for the NRCP

General experience: Preferably 5 years of professional experience in residue legislation in a laboratory or the state veterinary administration. • Strong analytical skills and team-working skills. •Experience in project implementation in the countries of Central and Eastern Europe would be an asset. Specific experience: • Prior experience in the preparation an NRCP. • Participation in EU veterinary negotiations process and/or assessment of candidate countries legislation, will be an asset.

Veterinary residues detection laboratory specialist(s) (list A and B detection and other residue detection specialist(s))

1. To prepare and conduct a theoretical and practical training session on the detection of list A and B residues: veterinary drug residues, heavy metals, radioactive contamination, etc. .

General requirements. • Preferably 5 years of professional experience in an official food testing laboratory in the MS. Specific requirements. • Specific knowledge of the practical implementation of sampling and concrete types of testing in concrete array with confirmatory methods to be used in compliance with EU legislation. • The expert must be implementing the relevant method of detection of list A and B residues, as well as not listed banned substances, on a routine basis in an official laboratory of the MS partner. • Experience as a trainer in MS countries. • Knowledge on the application of uncertainty calculation and ability to make calculations on selected indicators and introduce them into work. • Knowledge and ability to validate methods according to the concrete indicators and introduce them into work.

EU microbiology legislation expert(s)

1. To improve the legal framework in Ukraine for implementation of the EU microbiological criteria for foodstuffs and related acts. 2. To prepare and conduct training sessions for Ukrainian officials responsible for the harmonization and adoption of EU microbiological legislation. 3. To prepare the “Guide on microbiological criteria for

General experience: • Preferably 7 years of professional experience in drafting veterinary and food legislation with special attention to microbiological legislation in a MS veterinary lawmaking institution. • Experience in project implementation in the countries of Central and Eastern Europe would be an asset. • Strong analytical skills and team-working skills. Specific experience: • Prior experience in harmonization and adoption of EU microbiological legislation in the MS. • Participation in the EU Commission meetings and/or Council meeting on the

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foodstuffs” manuals and materials facilitating a better understanding of EU food and veterinary law in this matter.

lawmaking process or the EU veterinary enlargement process, and/or assessment of candidate countries’ legislation will be an asset.

Microbiology laboratory expert(s)

To prepare and conduct a theoretical and practical training session on microbiology and detection methods used in MS reference laboratories.

General requirements. • Preferably 5 years of professional experience in an official food testing laboratory in the MS. Specific requirements. • Specific knowledge of the practical implementation of sampling and testing concerned methods to be used in compliance with EU legislation. • Knowledge of the method detecting different bacteria according to approved standards. • Knowledge on the application of uncertainty calculation validation and ability to use them in practical work.

Meat control legislation expert(s)

1. To prepare and conduct a training session on food and veterinary EU legislation applicable to the project (training on the “hygiene package”). 2. To draft legal act proposals and to elaborate tables of correspondences (together with other STEs). 3. To prepare guides, manuals and materials facilitating a better understanding of EU food and veterinary law.

General experience: Preferably 10 years of professional experience in drafting legislation in a MS lawmaking institution • Strong analytical skills and team-working skills. • Experience in project implementation in the CIS countries would be an asset. Specific experience: • Prior experience in harmonization of legislation. • Experience in EC Commission’s work on the “hygiene package”. • Knowledge of the “hygiene package,” especially Reg. 852/2004 and 853/2004. • Participation in the EU negotiation process and/or assessment of candidate countries legislation will be an asset.

Meat inspection expert(s) (veterinary inspectors)

1. To prepare and conduct a training session on food and veterinary EU legislation applicable to the project, e.g., meat control following Annex I, Regulation 854/2004. 2. To prepare guides on meat control, as well as manuals and materials facilitating a better understanding of EU food and veterinary law. 3. To conduct practical training on ante-mortem and post-mortem inspection in a slaughterhouse.

General Requirements • Preferably 5 years of professional experience in the veterinary meat inspection service in MS countries. • Experience in drafting a meat control manual or similar instruction materials (ante-mortem and post-mortem inspection manual, assessment of a draft manual proposal, etc.). Specific requirements: • Specific knowledge on the rules of meat control on the basis of Annex I of Regulation (EC) No. 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. • Proven capacity on training on ante-mortem

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and post-mortem inspection on specific requirements for the inspection covered by Annex I of Regulation 854/

Trichinella examination expert(s)

To assist in the approximation trichinella legislation in accordance with (EC) Regulation No. 2075/2005 of 5 December 2005 laying down specific rules on official controls for Trichinella in meat (OJ No.. L 338, 22.12.2005, p. 60).

General Requirements. • Preferably 5 years of professional experience in an official food testing laboratory in the MS. Specific requirements. • Specific knowledge of the practical implementation of trichinella examination methods described in Regulation 2075/2004. • Experience as a trainer in MS or, preferably, in countries in transition.

Animal welfare expert(s) (veterinary inspectors)

1. To prepare and conduct a training session on Council Directive 93/119/EC of 22 December 1993 on the protection of animals at the time of slaughter or killing (OJ L 340, 31/12/1993 P. 2), as well as influence of animal welfare issues on meat quality and other regulations. 2. To assist in the approximation of animal welfare legislation.

General Requirements. • Preferably 5 years of professional experience in the veterinary inspection service as a meat inspector or animal welfare inspector. Specific requirements. • Specific knowledge of the practical implementation of Council Directive 93/119/EC of 22 December 1993 on the protection of animals at the time of slaughter or killing and other animal welfare issues and other directives. • Experience as a trainer in a MS country.

Veterinary laboratory organisation expert(s)

1. To prepare and conduct a training session, and to provide expertise and consultancies on the role of a reference laboratory in the EU MS, organisation of laboratory proficiency tests, and the computerized management system. 2. To assist in the approximation of laboratory legislation.

General experience: • Preferably 10 years of professional experience in MS laboratory and 5 years as a head of a laboratory/laboratory unit in a reference laboratory. • Strong analytical skills and team-working skills. • Experience in project implementation in MS countries and/or the countries of Central and Eastern Europe would be an asset. Specific requirements: • Specific knowledge of Regulation No. 882/2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare, in particular: Article 12 (Official laboratories) Article 32 (Community reference laboratories) and Article 33 (National reference

laboratories). • Knowledge of laboratory computerize data base.

BIPs expert(s) To prepare and conduct a training session, expertise, and consultancy on veterinary border control issues.

General experience: • Preferably 10 years of professional experience as a border veterinarian or officer responsible for border control in the central veterinary administration. •Experience in drafting border control legislation will be an asset. • Strong analytical skills and team-working

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skills. • Experience in project implementation in MS countries and/or the countries of Central and Eastern Europe would be an asset. Specific experience: • Practical skills in border control. • Knowledge of the EU veterinary border legislation: Directive 97/78, Directive 91/496 and other acts (see the list of legislation in Annex 2)

4. INSTITUTIONAL FRAMEWORK

4.1 The Beneficiary Institutions (BI) will be: the State Committee of Veterinary Medicine in Ukraine (SCVM) (with subordinated State Research Institute of Laboratory Diagnostics and Veterinary Expertise (SRILDVE) and the Regional Veterinary Administration (inspection services). State Committee of Veterinary Medicine in Ukraine (SCVM) The SCVM (former State Department of Veterinary Medicine [SDVM]) was one of the departments in the Ministry of Agrarian Policy in Ukraine till 2007, when it was reorganised into a separate state agency. Now its activities are coordinated and directed by the Government of Ukraine through the Minister of Agricultural Policy of Ukraine. The head of the SCVM is appointed by the Cabinet of Ministers of Ukraine. The SCVM is divided into five Departments: the Department of Anti-Epizootic Activities, the Department of State Inspection of Veterinary Medicine, the Department of Organisation of Veterinary Activities and Prevention of Non-Contagious Diseases, the Department of Harmonisation of the Legislation with Internal Requirements, and the Department for Finances. State Research Institute of Laboratory Diagnostics and Veterinary Expertise (SRILDVE) The SRILDVE is the National Reference Laboratory and reports directly to SCVM. The SRILDVE is responsible for the control analyses performed by the other laboratories of the state veterinary services, as listed below, and for laboratory analyses on the control of residues of contaminants in products of animal origin and in feeding stuffs. The laboratories participate in rounds of proficiency testing at the international level (FAPAS) and by the German Accreditation Agency DAP; at the national level it is ISO17025 accredited. The local veterinary laboratories are as follows: • Republican State Laboratory of Veterinary Medicine in the Autonomous Republic of Crimea,

regional (oblasts) state laboratories of veterinary medicine: 26; • District and municipal state laboratories of veterinary medicine: 463; • State laboratories of veterinary and sanitary expertise:1,344; • Interregional state laboratories of veterinary medicine on avian diseases: 2; and • Zone state laboratories of veterinary medicine on animal diseases: 2. Regional Veterinary Administration (inspection service) At the regional level, the State Committee of Veterinary Medicine is represented by the Veterinary Services of the Autonomous Republic of Crimea, 24 Veterinary Services in the regions (oblasts), the Veterinary Services of Kyiv and Sevastopol cities, 563 Veterinary services in cities and districts (rayons), 6 regional services of state veterinary controls at borders and in transport (territorial bodies). Controls and supervision at borders and in transport are carried out by the regional services comprising 257 border posts and 11 state transport veterinary control posts. At the regional level, veterinary services are responsible for the sampling and detection of residues of veterinary drugs and contaminants in animal products and feedingstuffs, issuing veterinary authorisations for establishments subject to mandatory state veterinary and sanitary control and supervision, and for

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temporary suspension or restriction of activities on farms and in slaughterhouses, processing establishments, warehouses and markets. At the local level, State Veterinary Clinics carry out appropriate controls in accordance with the relevant control plans, and are supervised by the regional and district veterinary services. The district veterinary services are responsible for issuing veterinary authorizations for establishments subject to mandatory state veterinary and sanitary control and supervision, as well the collection of samples in accordance with the relevant control plans. The SCVM and the SRILDVE will be represented on the Steering Committee by at least one (1) representative from each institution. The Ministry of Agrarian Policy while is not named as beneficiary of the project shall play a coordinative role to ensure the synergy with other projects and in particular with Tacis AP 2006 Project “Implementation of Ukraine’s commitments under WTO and ENP frameworks in the rural sector (Sector Wide Approach). The representative of the Ministry of Agrarian Policy shall be invited to the Twinning project Steering Committee's meetings and receive copies of the project reports.

4.2 Benefits to the respective beneficiary institutions The SCVM will benefit mainly from the legislative part of the Twinning project, i.e., the harmonization of legislation as the first activities under each component. The SCVM and the Regional Veterinary Services (inspection services) will benefit from the part of components 1-4 focused on veterinary inspection and control aspects. The SRILDVE will benefit from the laboratory part of the Twinning project, i.e., the laboratory part of Components 1-3. The Regional Veterinary Services (inspection service) will participate in training sessions, lectures and study visits focused on the EU veterinary control and inspection procedures included in all the components. In order to increase the impact of the project, in particular, on the general understanding of the EU legislation for food products and residue control, it might be advisable to additionally reach, whether directly or indirectly, other state institutions involved in food control activities at the national level. Therefore, when desirable and possible, provisions should be made for the benefits to be extended to further consumers/producers/exporters organisations.

4.3 Project impact on institutional framework The Twinning project shall have influence on the allocation of responsibilities and duties, within the competences of:

• the State Committee of Veterinary Medicine in Ukraine (SCVM) as the central competent authority (C)CA responsible for safety of the products of animal origin;

• the Regional Veterinary Services (inspection services) responsible for veterinary food safety control at local level,

• the Border Veterinary Service responsible for the control of imported and exported foods, and • veterinary laboratories responsible for laboratory checks of foodstuffs.

Food safety issues and the food import control in Ukraine are divided between the Ministry of Agrarian Policy of Ukraine and the Ministry of Health. After the Twinning project, the BC will be informed on the functions of food control institutions and, in particular, on the duties of veterinary service in conducting veterinary checks: according to Regulation 854/2004. Eventually, following EU legislation, the competences of the Ministry of Health in relation to the control of processed foods, and the approval and audit of food processing establishments, could be reconsidered in a view of reallocating this function to the veterinary services. The same could be applied to the veterinary

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border control. According to EU legislation, all products of animal origin (also selected products of plant origin, such as straw, hay, or pesticides) should be under the control of the veterinary service.

5. BUDGET The total maximum budget is EUR 1,260,000.

6. IMPLEMENTATION ARRANGEMENTS

6.1 Implementing Agency The Implementing Agency responsible for tendering, contracting and accounting is the European Commission represented by the Delegation of the European Commission to Ukraine). The person in charge of this project at the Delegation of the European Commission to Ukraine is:

Natalya Korchakova Project Manager Delegation of the European Commission to Ukraine 10 Kruhlouniversytetska Street, Kyiv, 01024, Ukraine Tel.:+380 (44) 390 80 10 Fax: +380 (44) 253 45 47 International fax line: +380 (44) 230 23 9 E-mail: natalya.korchakova@ec.europa.eu Website address: http://www.delukr.ec.europa.eu

6.2 Main counterparts in the Beneficiary Country The main counterpart institutions in Ukraine will be: -the State Committee of Veterinary Medicine (SCVM), and -the State Research Institute of Laboratory Diagnostics and Veterinary Expertise (SRILDVE). The SCVM will be responsible for the overall project coordination from the BI side. It will also focus on legislative matters and inspection service issues across the components. The SRILDVE will be responsible for the laboratory part of the Twinning project. The Program Administration Office (PAO) at the Main Department of the Civil Service of Ukraine is an administration responsible for coordination of the preparation of Twinning projects and support for their implementation, provision of advisory and methodological support to public authorities in preparation and implementation of Twinning projects. Functions of the Program Administration Office are performed by the Center for Adaptation of the Civil Service to the Standards of the European Union of the Main Department of the Civil Service of Ukraine (Order of the Main Department of the Civil Service of Ukraine No 246, dated October 15, 2005, Resolution of the Cabinet of Ministers of Ukraine "On Approval of the Procedure for Organization of Work on Preparation and Implementation of Twinning Projects in Ukraine" No 154, dated February 7, 2007 and Resolution of the Cabinet of Ministers of Ukraine "Issues for the Center for Support of Civil Service Institutional Development" No 528, dated June 4, 2008).

The person in charge of Twinning at the Centre/PAO in Ukraine is: Tetyana Kovtun Director, Center for Adaptation of the Civil Service to the Standards of the European Union – Director, Twinning Program Administration Office 15, Prorizna str., Kyiv, 01601, Ukraine Tel.: +380 (44) 278-03-21, 278-36-22, 278-36-44 Fax: +380 (44) 278 36 22 E-mail: center@center.gov.ua Website address: http://www.center.gov.ua 6.2.1. Contact point:

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Olga Semenchuk, Deputy Head of the Department of Veterinary Sanitary Expertise and Food Safety under the State Committee of Veterinary Medicine. Tel.: +38 044 279 7077; Email: semenchuk@vet.gov.ua Mailing address: 1 B.Grinchenka Str., Kyiv, 01001 Ukraine 6.2.2. BC Project Leader The BC Project Leader within the BI will act as the counterpart to the MS Project Leader. It is expected that BC Project Leader will be a senior civil servant, decision maker, (high ranking official) in the BC administration, who is in a position to operate at the appropriate political level. He/she will have the following role in the implementation of the project:

• He/she will be responsible for ensuring the overall steering and coordination with the MS Project Leader and the RTA, ensuring operational dialogue and support at political levels in order to facilitate the implementation of project activities;

• He/she will be responsible for ensuring the mobilisation of resources and energies within the State Committee of Veterinary Medicine (SCVM) and the State Research Institute of Laboratory Diagnostics and Veterinary Expertise, in order to allow appropriate implementation of project activities; and

• He/she will designate the RTA counterpart and Components’ Counterparts in the BI. He/she shall chair, from the Ukrainian side of the project Steering Committee which will meet at least every three months in Ukraine. The BC project Leader will be: Vitaliy Bashinsky, Deputy Head of the State Committee of Veterinary Medicine in Ukraine Tel.: +38 050 928 1221; 38 067 240 9558; Email: iytr@ukr.net Mailing address: 1 B.Grinchenka Str., Kyiv, 01001 Ukraine 6.2.3. Other experts (RTA Counterpart, counterparts for key MS experts)

The Beneficiary shall designate project counterparts who will work full time/part-time with the EU experts:

• A counterpart for RTA from the SCVM or the SRILDVE will be designated for coordination with the EU experts and the Ukrainian veterinary services. He/she shall allocate at least 30% of his/her working time for the Twinning project.

• The components' coordinators will be designated by the Beneficiary (to spend at least 25% of their time with the EU experts on the planning, organisation, delivery and monitoring of activities related to the component for which they are responsible). The mandate of these coordinators is defined in Section 6.2.3 of the Fiche.

RTA Counterpart The RTA counterpart will have the following role in the implementation of the project:

• He/she is responsible for the day-to-day follow-up of project activities in close consultation with the RTA to ensure the effective implementation of the project work plan according to set mandatory results. He will work in close collaboration with the RTA to facilitate the implementation of activities.

• He/she will supervise the work of the Component Counterparts in the State Committee of Veterinary Medicine and the State Research Institute of Laboratory Diagnostics and Veterinary Expertise.

• He/she will ensure the effective delivery of other inputs from the State Committee of Veterinary Medicine and the State Research Institute of Laboratory Diagnostics and Veterinary Expertise which are planned to support the implementation of the project.

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The RTA Counterpart will be: Yulia Novozhytska Deputy Head of the State Research Institute of Laboratory Diagnostics and Veterinary Expertise (SRILDVE) Tel.: +38 044 242 1845; Email: Julia@centrlabvet.com.ua Mailing Address: 30 Donetska Str Kyiv 03151 Ukraine

6.3 Contracts Only one Twinning contract is foreseen for this project.

7. IMPLEMENTATION SCHEDULE (INDICATIVE)

7.1 Launching of the call for proposals November 2008

7.2 Start of project activities September - October 2009

7.3 Project completion September – October 2011.

7.4 Action’s implementation period The Action’s implementation period (legal duration), is 24 months. This period includes the implementation period (work plan) of 21 months increased by three months for the starting up and closure of the Action.

8. SUSTAINABILITY Since increasing competitiveness of Ukrainian food products of animal origin on the international markets is regarded as a major precondition of enhancing the economy it is a realistic assumption that it will receive attention of the highest level decision makers also in the long term. Even if the probable changes in government may present some risks, the specific commitment of the respective leaders of these particular fields is supposed to counter balance the possible negative effects of some changes. The level of organisation and principle of food safety control system is reasonably high, hence it is appropriate to support structural changes. Although budgetary problems may somewhat influence sustainability of mandatory results of the project, it is estimated that this risk is acceptable, since food safety is one of the areas where the necessary financing usually can be made available.

9. CROSSCUTTING ISSUES

Equal Opportunities Since female employees represent majority at the different laboratories of food safety the aspect of equal opportunities should receive special emphasis in the project. Hence, equal opportunity principles and practices will be adopted to ensure equitable gender participation in the respective activities of the project. Environment The project will not have negative impact on the environment. However, due to the specific area of the project (food safety) it is advised that the respective environmental authorities are consulted in the beginning of the project to find out any relevant measures to be made.

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10. CONDITIONALITY AND SEQUENCING

Basic preconditions and assumptions have been developed in the Project Logical Framework. They provide the most important conditionality. Specific, among them are the availability of national co-financing and a lasting commitment of the Ukrainian Government and leaders of the Ministry of Agrarian Policy.

This Twinning Project Fiche has been drafted by the Ukrainian counterpart supported by a Twinning Fiche preparation expert. The Beneficiary committed itself to make the contributions stated in this Fiche such as .

• supply of office premises, equipped with computer, telephone, internet access, printer, photocopier to MS in-country staff and visiting experts from the beginning of the project implementation period;

• providing suitable venues and equipment for training sessions and seminars that will be held under the project;

• ensuring co-ordination between BIs; • ensuring access to all necessary information and documents; • strong involvement/commitment of BIs staff at all levels;

Appropriate co-ordination and transparency of the work of all key players involved will be ensured.

ANNEXES

1. Logical framework matrix. 2. List of relevant Laws and Regulations. 3. Substances or group of substances to be monitored in the relevant commodity. 4. Description of the food safety component results within Tacis AP 2006 Project “Implementation

of Ukraine’s commitments under WTO and ENP frameworks in the rural sector (Sector Wide Approach).

5. List of documents to be translated 6. Resolution of the Cabinet of Ministers on approval of Procedures for preparation and Implementation of Twinning Projects in Ukraine

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ANNEX 1. LOGFRAME PLANNING MATRIX FOR PROJECT FICHE LOGFRAME PLANNING MATRIX FOR PROJECT FICHE Programme name and number

TACIS- National Action Programme 2006 Contracting period expires Disbursement period expires Total budget Budget year

UA08/PCA/HE/15 "Support for the Ukrainian veterinary services in enhancing the legal and technical aspects of food safety control system"

1,26 MEUR 2006 Overall Objective Objectively verifiable indicators

Sources of Verification Assumptions

To support the economic development of Ukraine through improving food safety and veterinary control, meeting the EU veterinary standards, enhancing consumer protection, and thus increasing the competitiveness of Ukraine’s foods of animal origin on international markets.

Increased number of food producing establishments approved for export to the EU. Increase in the volume and in the total number of the products of animal origin, exported to the EU.

Statistics of the Ministry of Agrarian Policy of Ukraine and European Commission on number of approved establishments. Statistics of the Ministry of Agrarian Policy of Ukraine and European Commission - Eurostat Office volume of products of animal origin exported to EU.

Project purpose Food safety control system in Ukraine is improved in line with the EU veterinary and food safety requirements by enhancing institutional capacity and legal framework in the following areas: residue control, meat inspection, microbiological criteria for foodstuffs and veterinary border control.

The basic legislation on residues, microbiological criteria, meat safety and veterinary border control. applicable to products exported to the EU is drafted and approximated to EU requirements.

The SCVM has improved inspection and testing capacity.

Test results of analysis performed on food (residue checks, microbiological checks, parasitological checks) originating from Ukraine to assure a good control of products quality.

Interim and progress reports prepared during the course of the project with the list of delivered outputs. Evaluation of the training carried out. Approximated legislation. Reports of external monitoring and inspection (FVO, DG Sanco). RASFF (DG-Sanco) report (test results) and reactions to notifications. UEPLAC final assessment of the level of approximation in the sectors subject to the Twinning and

o The Government of Ukraine sticks to its current priorities regarding food safety improvement as a precondition to the EU integration.

o Effective liaison with the food safety component in SWAP project and other food/veterinary projects assured, as far as training, preparation of the food safety strategy and institutional analysis concerned

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further steps to complete this alignment.

Mandatory Results Objectively verifiable indicators Sources of Verification Assumptions Component 1: Residue Control R1. The food safety control system in Ukraine is improved in line with EU rules through enhanced control of residues and contaminants in live animals and food products of animal origin, including control of veterinary medicinal products.

- The new Ukrainian legislation on residues is drafted and harmonized with EU legislation. - Draft proposal of amendments to the selected Laws of Ukraine on veterinary medicine, quality and safety of foodstuffs prepared. - Knowledge and experience of at least 50 veterinary inspectors increased through training. both theory and practice. - Elaboration of the Guide on "How to Write the National Residue Control Plan”. - The “Provisions on reference laboratories on determining certain groups of substances, indicators of quality and safety substances for cargo goods controlled by the State Veterinary Medicine Service or on specific directions for detecting diseases is elaborated. - Proposals for the new NRCP for residue monitoring of selected animals and/or products drafted. - Pre-export screening test in use. - New procedure for unauthorized/ illegal substances and the detection of authorized substances exceeding MRL in use. - Draft of reporting procedure for national, regional and local levels of veterinary services is prepared. - Knowledge of the requirements laid

Progress and final reports of the project. Report of FVO inspections on residue control and NRCP in Ukraine. Training evaluation reports.

o Financial and technical support from Ministry of Agricultural Policy to facilitate the implementation of training activities.

o Smooth cooperation with SCVM in law making process and exchange the information.

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down in the EU residue legislation on ban on the use of certain substances of 5 veterinary inspectors have been improved . -Knowledge and experience of 6 Directors of the laboratories enhan-ced through practical training in a MS NRR Laboratory.

Activities Means Assumptions Component 1: Residue Control A.1.1. Improvement of the Ukrainian residue legislation A.1.2. Drafting proposals on amendments to the main Ukrainian veterinary acts. A.1.3. Assistance in eliminating the drawbacks identified by FVO experts A.1.4 Veterinary laboratory staff training in Ukraine A.1.5 Training for Ukrainian Directors and laboratory specialists in EU MS (12 participants from 6 regional laboratories) A.1.6. Elaboration of guides, manuals and other publications A.1.7. Assistance in improvement of the existing NRCP.

- Translation of EU residue legislation listed in Annex 3 to the Twinning fiche. - 4 missions by 2MS experts each, with a total duration of approx. 80 days, to implement the task described in A.1.2. - At least 3 missions by 2MS experts each, with a total duration of approx. 30 days, to implement the task described in point A.1.3. (Eliminating the deficiencies identified by FVO experts). - 2 missions by 2MS experts each, with a total duration of 20 days, to prepare and implement A.1.4. - 2 missions by 2MS experts each, with a total duration of 10 days to prepare and implement A.1.4. - 2 missions by 2MS experts each, with a total duration of 20 days, to prepare and implement A.1.4. - Ten days laboratory training in EU National Reference Residue Laboratory for 12 specialists (6 different groups for 2 specialists each). - Practical one week training for Ukrainian veterinary inspectors in MS country side on residue inspection and sampling procedure. - 4 missions by 2MS experts each, with a total duration of approx. 40 days, to prepare and implement “Guide How to Write the National Residue Control Plan” and of “Provisions on reference laboratories regarding the quality and safety measures for specific products (for a group of substances) controlled by the State Veterinary Medicine Service or on specific directions for detecting diseases”. - 2 MS experts x 5 days x 2 missions = 20 man/days. - Two missions by 2MS experts each, with a total duration of 20 days, to assist in drafting proposals for the new NRCPs for residue monitoring in selected animals or products, which are planned to be exported by Ukraine

o Financial and technical support

from the Ministry of Agricultural Policy to facilitate the implementation of training activities is provided

o All relevant documents are available (translated into designated language) for review.

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in the nearest future and to assist to the inspection service in endorsing the NRCP.

Mandatory Results Objectively verifiable indicators Sources of Verification Assumptions Component 2: Microbiological Criteria for Foodstuffs (sampling and testing procedure) R2. Ukrainian microbiological food safety improved through: approximation the national legislation to Commission Regulation 2073/2005 on microbiological criteria for foodstuffs, and gradual implementation of the Regulation’s provisions by food processing enterprises, as well as conformity control of the microbiological criteria by veterinary and sanitary authorities.

- Drafted legislation on microbiological criteria for foodstuffs in approximation to the relevant EU legislation. - Amendments to the Law of Ukraine on veterinary medicine and/or Law on quality and safety of foodstuffs, as well as draft proposal for the relevant ordinance(s) prepared. - Guide for food business operators on the interpretation of Regulation 2073/2004 distributed. - Knowledge and experience of veterinary and sanitary authorities increased through trainings in Ukraine on microbiological criteria for foodstuffs. - Knowledge and experience of 6 laboratory microbiologists enhanced through practical laboratory training in MS. - Knowledge and experience of 5 veterinary inspectors increased through study visit .focused on microbiological sampling implemented in MS slaughterhou-sees / food producing establishments.

Progress and final reports of the project. Report of FVO inspections- chapters related harmonization of microbiological legislation as well as food safety requirements (microbiology) in food producing establishments and other controlled food business operators.

Evaluation of training.

o Smooth cooperation with SCVM in law making process and exchange the information.

o Financial and technical support from Ministry of Agricultural Policy to facilitate the implementation of training activities is provided.

Activities Means Assumptions Component 2: Microbiological Criteria for Foodstuffs (Sampling and Testing procedure) A.2.1. Approximation of Ukrainian law to EU laws on

- Translations of Commission Regulation (EC) No. 2073/2005 of 15 o Training facilities equipped

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microbiological criteria for foodstuffs A.2.2. Preparing a Guide for food industry on the interpretation of Regulation 2073/2004. A.2.3 Training provided in Ukraine on the interpretation of microbiological criteria for foodstuffs, sampling and testing A.2.4 Practical laboratory training in MS On-job training in Member State microbiological laboratories (National Reference Laboratories and/or regional veterinary laboratories) for six (6) Ukrainian microbiologists A.2.5. Training

November 2005 on microbiological criteria for foodstuffs and related acts. - 4 missions by 2MS experts each, with a total duration of approx. 40 days, as well as RTA. - At least 4 missions by 2MS expert, with a total duration of approx. 40 days to prepare a Guide for food business operators on the interpretation of Regulation 2073/2004. - 2 missions by 2MS experts each, with a total duration of approx. 20 days to prepare and implement training for at least 25 Ukrainian veterinary inspectors and microbiologists from laboratories (trainers) on the interpretation of microbiological criteria for foodstuffs, sampling and testing . - Practical laboratory training in MS for 6 laboratory microbiologist from the Ukrainian laboratories. - Training for 5 veterinary meat inspectors in the Member States’.

with video projector, paper boards and other training means.

o All relevant documents are available (translated into designated language) for review.

Mandatory Results Objectively verifiable indicators Sources of Verification Assumptions Component 3: Meat Control and Food Safety, selected topics R 3. The Ukrainian meat control system improved through the approximation to: the meat control procedure according to Annex 1 to Regulation 854/2004, the trichinella examination procedure according to Commission Regulation 2075/2003, as well as animal welfare requirements according to Directive 93/119.

- Amendments to the Law of Ukraine on veterinary medicine and/or Law on quality and safety of foodstuffs prepared. - The draft proposal of Ukrainian ordinances (implementing measures) for approximation to EC Regulation 854/2004, Regulation 2073/2004 on trichinella examination, and Directive 93/119 on animal welfare during slaughtering prepared and to be considered by Ukrainian legal competent authority. - Knowledge and experience of 25 veterinary meat inspectors on meat control enhanced through training . - Knowledge and experience of 25 veterinary inspectors on animal welfare control increased through training. - Manual for veterinary meat inspectors on meat control published.

Progress Reports Proposed amendments STE mission reports List of attendance Study Tour’s reports

o Training facilities equipped with video projector, paper boards and other training means.

o All relevant documents are available (translated into designated language) for review.

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- Knowledge and experience of 6 laboratory specialists on meat control implemented in a Member State Laboratory. - Knowledge and experience of 5 veterinary meat inspectors enhanced through training in the Member States’ meat producing establishments (slaughterhouses, meat processing plants, game meat establishments), focused on practical training on the tasks of official implemented.

Activities Means Assumptions Component 3: Meat Control and Food Safety, selected topics A.3.1 Approximation of Ukrainian legislation to EU legislation on meat control, trichinella examination and animal welfare during slaughtering. A.3.2 Lectures and trainings on meat control:

-Lectures for at least 25 Ukrainian veterinary inspectors (trainers) on meat control following the provisions of Regulation 854/2004)

-Training for at least 25 veterinary meat inspectors (trainers) on meat inspection.

- Lectures and training on trichinella examination (theoretical).

- Practical training on trichinella examination according to Regulation 2075/2005.

A.3.3 Lectures and/or training for at least 25 veterinary inspectors on animal welfare issues during slaughtering having influence on food safety.

A.3.4 Preparing a manual for veterinary meat inspectors on meat control (including ante-mortem and post-mortem inspection).

A.3.5. Practical laboratory training for six (6) laboratory specialists on meat control in a Member State Laboratory.

- At least 3 missions of 2MS experts each with a total duration of approximately 60 days. - 2 missions by 2MS experts each, with a total duration of approx. 20 days, to prepare and implement the lectures. (lectures for Ukrainian veterinary inspectors on meat control following the provisions of Regulation 854/2004) for 25 Ukrainian veterinary inspectors on meat control. - 2 missions by 2MS experts each, with a total duration of approx. 20 days, to prepare and implement the training for at least 25 veterinary meat inspections. - 1 mission by 1MS expert, with a total duration of approx. 5 days. - 1 mission by 1MS expert, with a total duration of approx. 5 days. - 1 mission by 2MS experts each, with a total duration of approx. 10 days. - At least three missions by 2MS experts each, with a total duration of approx. 60 days. - One week training for six (6) laboratory specialists on meat control in a Member State (Reference) Laboratory. - One week study visits for 5 veterinary meat inspectors to the Member States’ meat producing establishments (slaughterhouses, meat processing plants, game meat establishments), focused on practical training on the task of official veterinarian in meat control and also including the microbiological tasks.

o Training facilities equipped

with video projector, paper boards and other training means by the BC.

o All relevant documents are available (translated into designated language) for review.

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A.3.6. Training of 15 veterinary inspectors.

Mandatory Results Objectively verifiable indicators

Sources of Verification Assumptions

Component 4: Veterinary border control R4. Food safety control system in Ukraine improved through enhanced veterinary border control of live animals and animal products in line with the EU requirements.

- Translated EU veterinary border control legal acts. - Model examples of three veterinary certificates harmonised with EU import certificates drafted and presented to SCVM. - Recommendation for efficient veterinary border control programme in Ukraine made. - Knowledge and experience of 5 border veterinarians enhanced through training on EU veterinary border control.

Progress and final reports of the project. Report of FVO inspections on Ukrainian veterinary border control including harmonization of legislation, BIPs requirements and BIPs procedure. Training reports.

o Smooth cooperation with

SCVM in law making process and exchange the information.

o Financial and technical support

from Ministry of Agricultural Policy to facilitate the implementation of training activities is provided

Activities Means Assumptions Component 4: Introduction to the EU veterinary border control

A.4.1 Introduction to the European Union veterinary border control system protecting consumers against harmful imported food and transmission of diseases. A.4.2. Training for at least 12 Ukrainian border veterinarians (trainers) on approximation of Ukrainian legislation to the EC Veterinary Border Control Law A.4.3. Practical veterinary training at EU BIPs for five (5) border veterinarians.

- At least 3 missions of 2MS experts for a total of approximately 60 days.

- At least 2 five days mission of 2 MS experts for a total of approximately 20 days to prepare and implement the training for border veterinarians in Ukraine.

- One week training for five Ukrainian border veterinarians in MS BIPs, road/railway, port, airport.

o Training facilities equipped

with video projector, paper boards and other training means by the BC.

o Financial and technical support from Ministry of Agricultural Policy to facilitate the implementation of training activities is provided

Preconditions: From BI side: 1. Co-financing assured. Enough amount of funds available from the beginning of the project to the end. 2. Office premises for RTA, assistant and MS experts properly equipped, connected to Internet and available from the beginning of the project.

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3. Ukrainian laboratories ready to implement training for local laboratory specialists (equipment, premises).

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ANNEX 2. LIST OF RELEVANT LAWS AND REGULATIONS

APPLICABLE COMMUNITY STANDARDS: Residues monitoring and sampling • Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products, and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC and 91/664/EEC. Official Journal L 125, 23/05/1996 pp. 10 - 32. • Commission Decision 97/747/EC of 27 October 1997 fixing the levels and frequencies of sampling provided for by Council Directive 96/23/EC for the monitoring of certain substances and residues thereof in certain animal products. Official Journal L 303, 6.11.97, pp. 12 - 15 • Commission Decision 98/179/EC of 23 February 1998 laying down detailed rules on official sampling for the monitoring of certain substances and residues thereof in live animals and animal products. Official Journal L 65, 5.3.98, pp. 31 - 34 Veterinary Medicinal Products • Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community Code relating to veterinary medicinal products, OJ L 311, 28.11.2001, p. 1 Residues monitoring and sampling - financing • Council Directive 96/43/EC of 26 June 1996 amending and consolidating Directive 85/73/EEC in order to ensure financing of veterinary inspections and controls on live animals and certain animal products and amending Directives 90/675/EEC and 91/496/EEC. Official Journal L 162, 01/07/1996 pp. 1 - 13. Laboratories • Commission Decision 98/536/EC of 3 September 1998 establishing the list of national reference laboratories for the detection of residues. Official Journal L 251, 11/09/1998 pp 39 – 42 Laboratory analytical methods • Commission Decision 2002/657/EC of 12 August 2002 implementing Council Directive 96/23/EC concerning the performance of analytical methods and the interpretation of results. Official Journal L 221, 17.8.2002, pp. 8-36 as last amended by Commission Decision 2004/25/EC of 22 December 2003. Official Journal L 006, 10/01/2004 pp. 38 – 39. Bans on the use of hormones and beta-agonists for growth promotion • Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stockfarming of certain substances having a hormonal or thyrostatic action and of beta-agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EC. Official Journal L 125 , 23/05/1996 pp. 3 - 9 as last amended by Directive 2003/74/EC of the European Parliament and of the Council of 22 September 2003. Official Journal L 262, 14/10/2003 pp. 17 – 21 Maximum residue limits for veterinary medicines in foodstuffs of animal origin • Council Regulation (EEC) No 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin. Official Journal L 224 , 18/08/1990 pp. 1-8 last amended by Commission Regulation (EC) No 1646/2004 of 20 September 2004. Official Journal L 296, 21/09/2004 pp 5 - 9. Maximum Residue Limits for pesticides in foodstuffs of animal origin • Council Directive 86/363/EEC of 24 July 1986 on the fixing of maximum levels for pesticide residues in and on foodstuffs of animal origin. Official Journal L 221, 07/08/1986 pp. 43 - 47 last amended by Commission Directive 2004/61/EC of 26 April 2004. Official Journal L 127, 29/04/2004 pp. 81 - 91. Maximum Limits for Contaminants • Commission Regulation (EC) No 466/2001 of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs. Official Journal L 77, 16.3.2001, pp. 1-13 as last amended by Commission Regulation (EC) No 684/2004 of 13 April 2004. Official Journal L 106, 15/04/2004 pp 6 - 7. • Commission Recommendation of 4 March 2002 on the reduction of the presence of dioxins, furans and PCBs in feeding stuffs and foodstuffs. Official Journal L 067, 09/03/2002 pp. 69 - 73.

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Authorisation of veterinary medicinal products • Directive 2001/82/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to veterinary medicinal products. Official Journal L 311 , 28/11/2001 pp. 1 – 66 as last amended by Directive 2004/28/EC of the European Parliament and of the Council of 31 March 2004. Official Journal L 136, 30/04/2004 pp 58 -84 Medicated feeding stuffs and additives • Council Directive 90/167/EEC of 26 March 1990, laying down conditions governing the preparation, placing in the market and use of medicated feeding stuffs in the Community. Official Journal L 092, 07/04/1990 pp.42 - 48 • Regulation (EC) No 1831/2003 of the European Parliament and of the Council of 22 September 2003 on additives for use in animal nutrition. Official Journal L 268, 18/10/2003 pp. 29 - 43 Sampling methods and methods of analysis for contaminants in foodstuffs • Commission Directive 2001/22/EC of 8 March 2001 laying down the sampling methods and the methods of analysis for the official control of the levels of lead, cadmium, mercury and 3-MCPD in foodstuffs. Official Journal L 77, 16.3.2001, pp. 14-21 as last amended by Commission Decision 2001/873/EC of 4 December 2001. Official Journal L 325, 08/12/2001 P 34. • Commission Directive 98/53/EC of 16 July 1998 laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs. Official Journal L 201 , 17/07/1998 pp 93 - 101 as last amended by Commission Directive 2004/43/EC of 13 April 2004. Official Journal L 113, 20/04/2004 pp. 14 - 16 (aflatoxins). • Commission Directive 2002/69/EC of 26 July 2002 laying down the sampling methods and the methods of analysis for the official control of dioxins and the determination of dioxin-like PCBs in foodstuffs. Official Journal L 209 , 06/08/2002 pp. 5 - 14 as last amended by Commission Directive 2004/44/EC of 13 April 2004. Official Journal L 113, 20/04/2004 pp. 17 - 18. Sampling methods for pesticides in foodstuffs • Commission Directive 2002/63/EC of 11 July 2002 establishing Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin and repealing Directive 79/700/EEC. Official Journal L 187, 16.7.2002, pp. 30-43 as last amended by Commission Directive 2004/2/EC of 9 January 2004, Official Journal L 014 , 21/01/2004 pp. 10 – 18. Horse identification (passport) • Commission Decision 2000/68/EC of 22 December 1999 amending Commission Decision 93/623/EEC and establishing the identification of equidae for breeding and production. Official Journal L 023, 28/01/2000 pp. 72 – 75.

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ANNEX 3. SUBSTANCES OR GROUP OF SUBSTANCES TO BE MONITORED IN THE RELEVANT COMMODITY

Group A – Substances having anabolic action and substances prohibited from use in animals A 1 Stilbenes, stilbene derivatives, and their salts and esters (Dietylostilbestrol, Dienestrol, Hexestrol) A 2 Thyreostatics (Tiouracil, Tapazol, Metylotiouraiyl, Propylotiouracil, Fenylotiouracil) A 3 Steroids (19-nortestosteron, Trenbolon, Estradiol, Testosteron, Octan medroksyprogesteronu, Metylotestosteron, Etynyloestradiol, Boldenon A 4 Resorcylic acid lactones including zeranol A 5 Beta-agonists (Klenbuterol, Salbutamol, Mabuterol, Terbutalin) A 6 Other pharmacologically active substances which are referred to in Annex IV to the Regulation 2377/90 of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin. Nitrofuran metabolites (AMOZ, AOZ, SEM, ADH), Nitrofurany (Furazolidon, Nitrofurantoina, Nitrofurazon, Furaltadon), Chlorpromazyna, Propiopromazyna, Metronidazol, Dimetridazol, Ronidazol, Chloramfenikol Group B – Medicinal products, including prohibited substances, which may be used for veterinary purposes, chemical contaminants and other contaminants: B 1 Antibacterial substances, including antibiotics, sulphonamides, quinolones (sulfametazin, fluoroquinolones, tetracicline, streptomycine, peniciline) B 2 Other veterinary drugs B 2a Anthelmintics (Iwermectine, Abamectine, Doramectine, Eprinomectine, Moksydectine, Fenbendazol, Oksfendazol) B 2b Anticoccidials and nitroimidazoles (Lazalocide, Monenzine, Salinomycine, Narazine, Halofuginon, Nikarbazine, Klopidol) B 2c Carbamates and pyrethroids B 2d Sedatives B 2e Non-steroidal anti-inflammatory drugs B 2f Other pharmacologically active substances B 3 Chemical and other contaminants B 3a Organochlorine pesticides including polychlorinated biphenyls (PCB) B 3b Phosphoroorganic pesticides B 3c Toxic elements B 3d Mycotoxins B 2d Dyes B 3f Other

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ANNEX 4. DESCRIPTION OF THE FOOD SAFETY COMPONENT RESULTS WITHIN TACIS AP 2006 PROJECT “IMPLEMENTATION OF UKRAINE’S COMMITMENTS UNDER WTO AND ENP FRAMEWORKS IN THE RURAL SECTOR (SECTOR WIDE APPROACH)

Component 2: Food Safety • Harmonised food and veterinary Ukrainian legislation put in place; • Gap analysis and overall strategy for food safety in Ukraine prepared; • Food safety institutional framework analysed, suggestions for improvement made, at least one study

tour to European Food Safety Authority organised; • Staff of the Agency for Animal Identification & Registration trained; Animal Identification &

Registration System and movement control system improved in at least 5 pilot enterprises; • Supply tender dossier prepared, reference laboratories operational in residue analysis in pilot regions;

residue testing to international standards ensures that any import restrictions based on residue concerns removed for meat, milk and honey and related products; the cost of residue testing reduced;

• Laboratory staff, inspectors and vets in food safety issues trained on food safety issues (at least 100 specialists);

• Effective co-ordination between SWAP constituent contracts and other donor projects; • Three food standards validated; • Access to veterinary databases implemented and DG SANCO newsletters translated.

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ANNEX 5: INDICATIVE LIST OF EU LEGAL ACTS TO BE TRANSLATED WITHIN THE FRAMEWORK OF SERVICE CONTRACT AND TWINNING PROJECT ON FOOD SAFETY ISSUES The information provided below is indicative and is provided for guidance purposes only. Some of this legislation can be frequently amended therefore care is needed in particular to ensure that any modifications to the legislation are taken into account.

General legislation Title To be translated by

COUNCIL DIRECTIVE 98/83/EC of 3 November 1998 on the quality of water intended for human consumption OJ No. L 330, 05.12.1998, P. 32, corrigendum by OJ No. L 111, 20.04.2001, P.31 amended by No 1882/2003/EC, OJ No. L 284, 31.10.2003, P. 1

Twinning project

Council Directive 90/539/EEC on animal health conditions governing intra-Community trade in and imports from third countries of poultry and hatching eggs OJ L 303, 31/10/90. P. 6

service contract9

Council Directive No 90/429/EEC of 26 June 1990 laying down the animal health requirements applicable to intra-Community trade in and imports of semen of domestic animals of the porcine species OJ No. L 224, 18.8.90 P. 62

service contract

Council Directive No 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products. OJ L 046, 19/02/1991 P. 1 repealed as of 01.08.2008 by 2006/88/EC

Twinning project

Council Directive No 91/496/EEC of 15 July 1991 laying down the principles governing the organization of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC OJ L 268, 24.9.91, P.56

service contract

Council Directive No 92/65/EEC of 13 July 1992 laying down animal health requirements governing trade in and imports into the Community of animals, semen, ova and embryos not subject to animal health requirements laid down in specific Community rules referred to in Annex A (I) to Directive 90/425/EEC OJ L 268 , 14/09/1992 P. 54

service contract

Council Directive No 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC OJ L 062 , 15/03/1993 P. 49

service contract

Council Regulation No 1093/94/EC of 6 May 1994 setting the terms under which fishing vessels of a third country may land directly and market their catches at Community ports. OJ L 121, 12/05/1994 P. 3

service contract

9 By service contract hereinafter meant a contract "Implementation of Ukraine’s commitments under WTO and ENP frameworks in the rural sector (Sector Wide Approach for agriculture and rural development)", for which these ToR are established.

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Council Directive 96/93/EC of 17 December 1996 on the certification of animals and animal products OJ L 013 , 16/01/1997 P. 28

Twinning project

Council Regulation No 2406/96/EC of 26 November 1996 laying down common marketing standards for certain fishery products OJ L 334, 23/12/1996 P. 1

service contract

Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries OJ No L 24, 30.01.98, P.9

Twinning project

Council Directive No 2000/13/EC of the European Parliament and of the Council of 20 March 2000 on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs OJ L 109, 06/05/2000 P. 29

service contract

Commission Regulation No 999/2001/EC of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies OJ L 147 , 31/05/2001 P. 1

service contract

Commission Regulation No 2065/2001/EC of 22 October 2001 laying down detailed rules for the application of Council Regulation (EC) No 104/2000 as regards informing consumers about fishery and aquaculture products OJ L 278, 23/10/2001 P. 6

service contract

Commission Regulation No 178/2002/EC of the European Parliament and of the Council of 28 January 2002 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 OJ No. L 31, 01.02.2002, P. 1

Twinning project

Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption OJ No. L 18, 23.1.2003, P. 11

Twinning project

Commission Regulation No 2160/2003/EC of the European Parliament and of the Council of 17 November 2003 on the control of salmonella and other specified food-borne zoonotic agents (OJ No. L 325, 12.12.2003, P. 1)

service contract

Council Directive No 2004/68/EC of 26.4.2004 laying down animal health rules for the importation into and transit through the Community of certain live ungulate animals, amending Directives 90/426/EEC and 92/65/EEC and repealing Directive 72/462/EEC OJ No. L 139. 30.04.2004, P. 321, corrigendum by OJ No. L 226, 25.06.2004, P. 128

Twinning project

Commission Regulation No 852/2004/EC of the European Parliament and of the Council of 29 April 2004 on the hygiene of foodstuffs OJ No. L 139, 30.04.2004, P. 1, corrigendum by OJ No. L 226, 25.06.2004, P. 3

Twinning project

Commission Regulation No 853/2004/EC of the European Parliament and of the Council of 29 April 2004 laying down specific hygiene rules for on the hygiene of foodstuffs (OJ No. L 139, 30.04.2004, p. 55) corrigendum by OJ No. L 226, 25.06.2004, P. 22

Twinning project

45

Commission Regulation No 854/2004/EC of the European Parliament and of 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 OJ No. L 155, 30.04.2004, P. 206, as amended by No 882/2004/EC OJ No. L 165, 28.05.2004, P.), corrigendum by OJ No. L 226, 25.06.2004, P. 83

Twinning project

Commission Regulation No 882/2004/EC of the European Parliament and of 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 ON No. L 165, 28.05.2004, P.1, corrigendum by OJ No. L 191, 30.04.2004, P. 1

Twinning project

Commission Regulation No 1003/2005/EC of 30 June 2005 implementing Regulation No 2160/2003/EC as regards a Community target for the reduction of the prevalence of certain salmonella serotypes in breeding flocks of Gallus and amending Regulation No 2160/2003/EC OJ No. L 170, 01.07.2005, P. 12

SWAP project

Commission Regulation No 2073/2005/EC of 15 November 2005 on microbiological criteria for foodstuffs OJ L 338, 22.12.2005, P.)

Twinning project

Commission Regulation No 2074/2005/EC of 5 December 2005 laying down implementing measures for certain products under Regulation No 853/2004/EC of the European Parliament and of the Council and for the organisation of official controls under Regulation (EC) No 854/2004 of the European Parliament and of the Council and Regulation No 882/2004/EC of the European Parliament and of the Council, derogating from Regulation No 852/2004/EC of the European Parliament and of the Council and amending Regulations No 853/2004/EC and No 854/2004/EC OJ No. L 338, 22.12.2005, P. 27

Twinning project

Commission Regulation No 2075/2005/EC of 5 December 2005 laying down specific rules on official controls for Trichinella in meat OJ No. L 338, 22.12.2005, P. 60

Twinning project

Commission Regulation No 2076/2005/EC of 5 December 2005 laying down transitional arrangements for the implementation of Regulations (EC) No 853/2004, (EC) No 854/2004 and (EC) No 882/2004 of the European Parliament and of the Council and amending Regulations (EC) No 853/2004 and (EC) No 854/2004 OJ No. L 338, 22.12.2005, P. 83

Twinning project

Residue and contaminant controls Council Regulation No 2377/90/EEC of 26 June 1990 laying down a Community procedure for the establishment of maximum residue limits of veterinary medicinal products in foodstuffs of animal origin OJ L 224 , 18/08/1990 P. 1

Twinning project

European Parliament and Council Directive No 95/2/EC of 20 February 1995 on food additives other than colours and sweeteners Council Directive 96/22/EC of 29 April 1996 concerning the prohibition on the use in stock farming of certain substances having a hormonal or thermostatic action and of ß-agonists, and repealing Directives 81/602/EEC, 88/146/EEC and 88/299/EEC OJ L 125 , 23/05/1996 P. 3

Twinning project

Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 86/469/EEC and Decisions 89/187/EEC

Twinning project

46

and 91/664/EEC OJ L 125 , 23/05/1996 P. 10 Commission Directive 98/53/EC of 16 July 1998 laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs OJ L 201 , 17/07/1998 P. 93

Twinning project

Commission Decision No 98/179/EC of 23 February 1998 laying down Twinning project

Lists of approved third countries and certification requirements10 Council Directive No 92/118/EEC of 17 December 1992 laying down animal health and public health requirements governing trade in and imports into the Community of products not subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC OJ L 062 , 15/03/1993 P. 49

service contract

Commission Decision No 92/260/EEC of 10 April 1992 on animal health conditions and veterinary certification for temporary admission of registered horses OJ L 130 , 15/05/1992 P. 67

service contract

Commission Decision No 93/140/EEC of 19 January 1993 laying down the detailed rules relating to the visual inspection for the purpose of detecting parasites in fishery products. OJ L 056, 09/03/1993 P. 42

service contract

Commission Decision No 93/195/EEC of 2 February 1993 on animal health conditions and veterinary certification for the re-entry of registered horses for racing, competition and cultural events after temporary export OJ L 086 , 06/04/1993 P. 1

service contract

10 The necessity of the translation of the documents listed from this point and till the end of the annex 4 will be discussed at the later stage.

Commission Directive No 2001/22/EC of 8 March 2001 laying down the sampling methods and the methods of analysis for the official control of the levels of lead, cadmium, mercury and 3-MCPD in foodstuffs OJ L 077, 16/03/2001 P. 14

Twinning project

Commission Regulation No 466/2001/EC of 8 March 2001 setting maximum levels for certain contaminants in foodstuffs OJ L 077, 16/03/2001 P. 1

Twinning project

Commission Directive No 2002/69/EC of 26 July 2002 laying down the sampling methods and the methods of analysis for the official control of dioxins and the determination of dioxin-like PCBs in foodstuffs OJ L 209 , 06/08/2002 P. 5

Twinning project

Commission Decision No 2002/657/EC of 12 August 2002 implementing Council Directive 96/23/EC concerning the performance of analytical methods and the interpretation of results OJ L 221 , 17/08/2002 P. 8

Twinning project

Commission Decision No 98/179/EC of 29 April 2004 laying down detailed rules on official sampling for the monitoring of certain substances and residues thereof in live animals and animal products OJ L 065 , 05/03/1998 P. 31

Twinning project

Commission Decision No 2004/432/EC of 29 April 2004 on the approval of residue monitoring plans submitted by third countries in accordance with Council Directive 96/23/EC. OJ L 189, 27.05.2004, P.33

Twinning project

47

Commission Decision No 93/196/EEC of 5 February 1993 on animal health conditions and veterinary certification for imports of equidae for slaughter OJ L 086 , 06/04/1993 P. 7

service contract

Commission Decision No 93/197/EEC of 5 February 1993 on animal health conditions and veterinary certification for imports of registered equidae and equidae for breeding and production OJ L 086 , 06/04/1993 P. 16

service contract

Commission Decision No 93/342/EEC of 12 May 1993 laying down the criteria for classifying third countries with regard to avian influenza and Newcastle disease OJ L 137 , 08/06/1993 P. 24

service contract

Commission Decision No 94/984/EC of 20 December 1994 laying down animal health conditions and veterinary certificates for the importation of fresh poultry meat from certain third countries* OJ L 378 , 31/12/1994 P. 11

Twinning project

Commission Decision No 95/149/EC of 8 March 1995 fixing the total volatile basic nitrogen (TVB-N) limit values for certain categories of fishery products and specifying the analysis methods to be used. OJ L 097, 29/04/1995 P. 84

Twinning project

Commission Decision No 95/328/EC of 25 July 1995 establishing health certification for fishery products from third countries which are not yet covered by a specific decision.11 OJ L 191, 12/08/1995 P. 32

Twinning project

Commission Decision No 97/38/EC of 18 December 1996 setting specific public health requirements for imports of egg products for human consumption* OJ L 014 , 17/01/1997 P. 61

Twinning project

Commission Decision No 2000/572/EC of 8 September 2000 laying down animal and public health conditions and veterinary certification for imports of meat preparations from third countries and repealing Decision 97/29/EC OJ L 240 , 23/09/2000 P. 19

Twinning project

Commission Decision No 2001/182/EC of 8 March 2001 repealing Decision 93/351/EEC determining analysis methods, sampling plans and maximum limits for mercury in fishery products OJ L 077, 16/03/2001 P. 22

Twinning project

Commission Decision No 2003/779/EC of 31 October 2003 laying down animal health requirements and the veterinary certification for the import of animal casings from third countries OJ No. L 285, 01.11.2003, P. 38

Twinning project

Commission Decision No 2004/438/EC of 29 April 2004 laying down animal and public health and veterinary certifications conditions for introduction in the Community of heat-treated milk, milk-based products and raw milk intended for human consumption OJ No. L 154, 30.04.2004, P. 72, corrigendum by OJ No. L 189, 27.05.2004, P. 57, corrigendum by OJ No. L 92, 12.04.2005, P. 47

Twinning project

Commission Decision No 2004/595/EC of 29 July 2004 establishing a model health certificate for the importation into the Community for trade of dogs, cats and ferrets OJ L 266, 13.8.2004, P. 11

Twinning project

Commission Regulation No 745/2004/EC of 16 April 2004 laying down measures with regard to imports of products of animal origin for personal consumption

Twinning project

11 Please note that apart from the listed legislation here, there exist a large number of Commission Decisions addressed to individual countries and laying down special health conditions for import of fishery products from the given country and certificate for such purpose.

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OJ No. L 122, 26.04.2004, P. 1 Commission Decision No 2005/64/EC of 26 January 2005 implementing Council Directive 92/65/EEC as regards import conditions for cats, dogs and ferrets for approved bodies, institutes or centres OJ No. L 27, 29.01.2005, P. 48

Twinning project

Commission Decision No 2005/432/EC of 3 June 2005 laying down the animal and public health conditions and model certificates for imports of meat products for human consumption from third countries and repealing Decisions 97/41/EC, 97/221/EC and 97/222/EC OJ No. L 151, 14.06.2005, P. 3

Twinning project

Legislation related to border inspection post (BIP) procedures

Commission Decision No 94/360/EC of 20 May 1994 on the reduced frequency of physical checks of consignments of certain products to be implemented from third countries, under Council Directive 90/675/EEC OJ NO. L 158, 25/06/94, P. 41

Twinning project

Commission Decision No 97/794/EC of 12 November 1997 laying down certain detailed rules for the application of Council Directive 91/496/EEC as regards veterinary checks on live animals to be imported from third countries OJ No. L 323, 26.11.97, P 31

Twinning project

Commission Decision No 2000/25/EC of 16 December 1999 establishing the detailed rules for the application of Article 9 of Council Directive 97/78/EC concerning the transhipment of products at a Border Inspection Post where the consignments are intended for eventual import into the European Community, and amending Commission Decision 93/14/EEC OJ No. L 9, 13.01.2000, P.7

Twinning project

Commission Decision No 2000/208/EC of 24 February 2000 establishing detailed rules for the application of Council Directive 97/78/EC concerning the transit of products of animal origin from one third country to another third country by road only across the European Community OJ No. L 64, 11.03.2000, P.20

Twinning project

Commission Decision No 2000/571/EC of 8 September 2000 laying down the methods of veterinary checks for products from third countries destined for introduction into free zones, free warehouses, customs warehouses or operators supplying cross border means of sea transport OJ No. L 240, 23.09.2000, P.14

Twinning project

Commission Decision No 2001/881/EC of 7 December 2001 drawing up a list of border inspection posts agreed for veterinary checks on animals and animal products from third countries and updating the detailed rules concerning the checks to be carried out by the experts of the Commission OJ No. L 326, 11.12.2001, P.44

Twinning project

Commission Decision No 2002/349/EC of 26 April 2002 laying down the list of products to be examined at border inspection posts under Council Directive 97/78/EC OJ L 121, 8.5.2002, P.

Twinning project

Commission Regulation No 136/2004/EC of 22 January 2004 laying down procedures for veterinary checks at Community border inspection posts on products imported from third countries OJ No. L 21, 28.01.2004, P.11

Twinning project

Commission Regulation No 282/2004/EC of 18 February 2004 introducing a document for the declaration of, and veterinary checks on, animals from third countries entering the Community OJ No. L 49, 19.02.2004, P.11

Twinning project

Commission Regulation No 745/2004/EC16 of April 2004 laying down measures with regard to imports of products of animal origin for personal consumption OJ No. L 122, 26.04.2004, P.1

Twinning project

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Legislation related to animal identification and registration system Council Directive No 64/432/EEC of 26 June 1964 on animal health problems affecting intra Community trade in bovine animals and swine OJ No. 121, 29.7.1964, p. 1977/64. System of surveillance networks mentioned in art 14.

service contract

Regulation of the European Parliament and of the Council (EC)No 1760/2000 of 17 July 2000 establishing a system for the identification and registration of bovine animals and regarding the labelling of beef and beef products and repealing Council Regulation (EC)No 820/97 OJ No. L 204, 11.08.2000, p. 1 amended by ACT of 2004 amended by (EC) No 1791/2006 OJ No. L 363, 20.12.2006, p. 1

service contract

Council Directive No 92/102/EEC of 27 November 1992 on the identification and registration of Animals OJ L 355, 5.12.92, p.32 amended by Accession Treaty of 1994 amended by (EC) No 21/2004 OJ No. L 5, 09.01.2004, p. 8

service contract

Council Regulation No (EC) 21/2004 of 17 December 2003 establishing a system for the identification and registration of ovine and caprine animals and amending Regulation (EC) No 1782/2003 and Directives 92/102/EEC and 64/432/EEC OJ No. L 5, 09.01.2004, p. 8 amended by (EC) No 1791/2006 OJ No. L 363, 20.12.2006, p. 1

service contract

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ANNEX 6. RESOLUTION OF THE CABINET OF MINISTERS ON APPROVAL OF PROCEDURES FOR PREPARATION AND IMPLEMENTATION OF TWINNING PROJECTS IN UKRAINE

UNOFFICIAL TRANSLATION

THE CABINET OF MINISTERS

RESOLUTION

DATED FEBRUARY 7, 2007 № 154

KYIV

ON ADOPTION OF THE PROCEDURES FOR PREPARATION AND IMPLEMENTATION OF

TWINNING PROJECTS IN UKRAINE

THE CABINET OF MINISTERS OF UKRAINE RESOLVES:

1. TO ADOPT THE PROCEDURE FOR PREPARATION AND IMPLEMENTATION OF TWINNING PROJECTS IN UKRAINE, WHICH IS ADDED UPON.

2. TO TAKE INTO CONSIDERATION THAT THE FUNCTIONS OF THE TWINNING PROGRAMME ADMINISTRATION OFFICE IN UKRAINE ARE PERFORMED BY THE CENTER FOR SUPPORT OF CIVIL SERVICE INSTITUTIONAL DEVELOPMENT UNDER THE MAIN DEPARTMENT OF THE CIVIL SERVICE OF UKRAINE.

3. THE MAIN DEPARTMENT OF THE CIVIL SERVICE OF UKRAINE SHOULD PROVIDE CLARIFICATIONS ABOUT THE SPECIFICS OF IMPLEMENTATION OF THE PROCEDURE, ADOPTED BY THIS RESOLUTION, AND OTHER ISSUES RELATED TO THE ORGANIZATION OF WORK ON PREPARATION AND IMPLEMENTATION OF TWINNING PROJECTS IN UKRAINE.

PRIME-MINISTER OF UKRAINE V. YANUKOVYCH

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APPROVED

BY THE RESOLUTION OF THE CABINET OF MINISTERS

DATED FEBRUARY 7, 2007 № 154

PROCEDURES FOR PREPARATION AND IMPLEMENTATION OF TWINNING PROJECTS IN UKRAINE

1. THIS PROCEDURE DEFINES THE MAIN REQUIREMENTS FOR ORGANIZATION OF WORK BY CENTRAL BODIES OF EXECUTIVE POWER ON PREPARATION AND IMPLEMENTATION OF TWINNING PROJECTS IN UKRAINE.

2. IN THIS PROCEDURE THE TERMS ARE USED WITHIN THE FOLLOWING MEANING:

TWINNING PROJECT (HEREAFTER – PROJECT) – A PROJECT OF EUROPEAN COMMISSION TECHNICAL ASSISTANCE, WHICH CONSISTS IN ORGANIZATION OF COOPERATION OF THE PUBLIC BODY OR INSTITUTION OF THE EUROPEAN UNION MEMBER-STATE (HEREAFTER – PARTNER-STATE) WITH CORRESPONDING CENTRAL BODY OF EXECUTIVE POWER OF UKRAINE, WHICH IS A BENEFICIARY OF SUCH PROJECT, WITH THE AIM OF IMPLEMENTATION OF THOSE INSTITUTIONAL ELEMENTS OF PUBLIC ADMINISTRATION NEEDED FOR ADAPTATION OF THE NATIONAL LEGISLATION OF UKRAINE TO EU LEGISLATION;

TWINNING CONTRACT (HEREAFTER – CONTRACT) – AN AGREEMENT WHICH IS DRAWN IN A FORM DEFINED BY THE EUROPEAN COMMISSION, BETWEEN THE PUBLIC BODY OR INSTITUTION OF PARTNER-STATE AND EUROPEAN COMMISSION UPON COORDINATION WITH CORRESPONDENT CENTRAL BODY OF EXECUTIVE POWER OF UKRAINE – THE PROJECT BENEFICIARY. THE INDISPENSABLE ANNEX TO THE CONTRACT IS A WORK PLAN, WHERE EXPECTABLE RESULTS OF PROJECT IMPLEMENTATION, MEASURES, AIMED AT REACHING PROJECT RESULTS WITH TIMEFRAMES AND THEIR EXECUTION CRITERIA, AS WELL AS ALLOCATION OF RESPONSIBILITIES FOR PROJECT PARTICIPANTS ARE DEFINED.

PROJECT LEADER FROM PARTNER-STATE – A PUBLIC SERVANT OR EQUAL (CITIZEN OF ONE OF THE EU MEMBER-STATES), WHO HOLDS AN OFFICE IN A PARTNER-STATE PUBLIC BODY OR INSTITUTION, AND TOGETHER WITH HIS/HER UKRAINIAN COUNTERPART PERFORMS GENERAL MANAGEMENT OF WORK ON THE PREPARATION OF THE CONTRACT AND IMPLEMENTATION OF THE PROJECT IN THE CORRESPONDENT CENTRAL BODY OF EXECUTIVE POWER AND BEARS RESPONSIBILITY FOR REACHING THE EXPECTABLE RESULTS OF THE PROJECT IMPLEMENTATION;

PROJECT LEADER FROM UKRAINE – A CIVIL SERVANT WHO HOLDS AT LEAST CATEGORY TWO POSITION IN A CENTRAL BODY OF EXECUTIVE POWER – THE BENEFICIARY – WHO TOGETHER WITH PROJECT LEADER FROM PARTNER-STATE PERFORMS GENERAL MANAGEMENT OF WORK ON THE PREPARATION OF THE CONTRACT AND PROJECT IMPLEMENTATION AND BEARS RESPONSIBILITY FOR REACHING THE EXPECTABLE RESULTS OF THE PROJECT IMPLEMENTATION;

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RESIDENT PROJECT ADVISER – A PUBLIC SERVANT OR EQUAL (A CITIZEN OF ONE OF THE EU MEMBER-STATES) WHO WORKS ON A FULL-TIME BASIS IN THE FRAMEWORK OF THE PROJECT AND IS SECONDED TO UKRAINE TO PROVIDE IMPLEMENTATION OF THE PROJECT IN A CENTRAL BODY OF EXECUTIVE POWER – THE PROJECT BENEFICIARY;

SHORT- AND MEDIUM-TERM PROJECT ADVISERS (HEREAFTER – ADVISERS) – EMPLOYEES (CITIZENS OF THE EU MEMBER-STATES) WHO ACCORDING TO CONTRACT AND WORK PLAN ARE INVOLVED IN PROJECT IMPLEMENTATION AND ARE TEMPORARILY (USUALLY FOR A PERIOD FROM SEVERAL DAYS UP TO SEVERAL MONTHS) SECONDED TO CORRESPONDENT CENTRAL BODY OF EXECUTIVE POWER OF UKRAINE.

3. A CENTRAL BODY OF EXECUTIVE POWER – PROJECT BENEFICIARY:

1) DURING THE PREPARATION F THE CONTRACT DETERMINES:

PROJECT LEADER FROM UKRAINE;

AN OFFICIAL WHO ON THE FULL-TIME BASIS WILL DIRECTLY COOPERATE WITH RESIDENT PROJECT ADVISER DURING THE PROJECT IMPLEMENTATION TIME;

THE RESPONSIBLE STAFF OF THE CENTRAL BODY OF EXECUTIVE POWER, WHO ARE INVOLVED IN THE PROJECT IMPLEMENTATION, AND THEIR RESPONSIBILITIES;

2) PROVIDES AT THE EXPENSE OF THE STATE BUDGET OF UKRAINE FOR THE MAINTENANCE OF THE CENTRAL BODY OF EXECUTIVE POWER FOR THE CORRESPONDING YEAR:

PROVISION OF RESIDENT PROJECT ADVISER BEGINNING FROM THE DAY OF HIS/HER ARRIVAL TO UKRAINE WITH APPROPRIATE OFFICE SPACE EQUIPPED WITH FURNITURE, COMPUTER HARDWARE, TELEPHONE AND FACSIMILE COMMUNICATIONS, WITH POSSIBILITY OF USING COPIERS, INTERNET AND E-MAIL;

CREATION IN THE CORRESPONDENT CENTRAL BODY OF EXECUTIVE POWER OF APPROPRIATE WORKING CONDITIONS FOR THE WORK OF PROJECT ADVISERS, CONSIDERING THEIR COMPETENCES, DEFINED IN THE CONTRACT, IN THE INTERESTS OF THE EXECUTIVE BODY;

FPROVISION OF ROOMS FOR TRAININGS, SEMINARS, CONFERENCES AND OTHER EVENTS IN THE PROJECT FRAMEWORK EQUIPPED WITH SPECIAL HARDWARE FOR HOLDING PRESENTATIONS AND MAKING SIMULTANEOUS TRANSLATIONS;

3) PROVIDES PROJECT LEADER FROM PARTNER-STATE, RESIDENT PROJECT ADVISER AND PROJECT ADVISERS WITH INFORMATION NEEDED FOR PERFORMING THEIR DUTIES ACCORDING TO THE CONTRACT.

THE ACCESS OF PROJECT LEADER FROM PARTNER-STATE, RESIDENT PROJECT ADVISER AND PROJECT ADVISERS TO THE INFORMATION, WHICH IS A STATE SECRET, COULD BE GRANTED ON THE BASIS AND ACCORDING TO THE PROCEDURE, DEFINED BY THE LAW OF UKRAINE “ON THE STATE SECRET”. IN CASE WHEN DOCUMENTS OTHER MATERIALS NECESSARY FOR THE PROJECT IMPLEMENTATION CONTAIN CONFIDENTIAL INFORMATION, WHICH IS A PROPERTY OF STATE, DECISION ABOUT THEIR PROVISION SHOULD BE TAKEN BY THE HEAD OF THE CORRESPONDENT CENTRAL BODY OF EXECUTIVE POWER;

4) PROVIDES BECOMING BY THE PROJECT LEADER FROM PARTNER STATE, PROJECT RESIDENT ADVISER AND ADVISERS FAMILIAR WITH REQUIREMENTS ON THE LABOUR PROTECTION, FOLLOWING RULES OF FIRE SAFETY, OTHER REQUIREMENTS CONCERNING PROVISION OF THE SAFETY OF THE WORKING PLACE AND RULES OF INTERNAL WORKING REGULATION TO BE EFFECTIVE IN THE CORRESPONDING CENTRAL BODY OF EXECUTIVE POWER;

5) HAS RIGHT TO INITIATE RECALL OF THE PROJECT RESIDENT ADVISER AND ADVISERS BY THE PARTNER STATE IN THE CASE OF IMPROPER EXECUTION OF THEIR DUTIES SET BY THE CONTRACT;

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6) PROVIDES CARRYING OUT OF OTHER MEASURES STIPULATED BY THE CONTRACT AND WORKING PLAN OF THE PROJECT;

7) SUBMITS TO THE SECURITY SERVICE OF UKRAINE:

THE COPY OF THE CONTRACT DURING 20 DAYS FROM THE MOMENT OF ITS SIGNING;

DURING THREE DAYS WRITTEN NOTIFICATION ABOUT THE ARRIVAL OF PROJECT RESIDENT ADVISER, PROJECT LEADER FROM THE PARTNER STATE AND ADVISERS WITH INDICATING OF THEIR SURNAMES, NAMES AND POSITION, NATIONALITY, DURATION OF STAYING IN UKRAINE;

DURING TEN DAYS ON THEIR REQUEST THE INTERIM (QUARTERLY) REPORTS AND FINAL REPORTS ON THE RESULTS OF PROJECT IMPLEMENTATION IN THE CORRESPONDING CENTRAL BODY OF EXECUTIVE POWER FOR THE ACQUAINTANCE.

4. PROJECT RESIDENT ADVISER EXECUTES THE OPERATIVE MANAGEMENT OF THE PROJECT IMPLEMENTATION IN THE CORRESPONDING CENTRAL BODY OF EXECUTIVE POWER – BENEFICIARY OF THE PROJECT AND IS ACCOUNTABLE AND UNDER CONTROL IN HIS ACTIVITY TO THE PROJECT LEADER FROM PARTNER STATE.

5. PROJECT RESIDENT ADVISER WITHIN HIS RESPONSIBILITIES, SET BY THE CONTRACT AND WORKING PLAN OF THE PROJECT, RENDERS CONSULTATION SERVICES AND TECHNICAL ASSISTANCE TO THE EMPLOYEES OF THE CENTRAL BODY OF EXECUTIVE POWER, INVOLVED IN THE PROJECT IMPLEMENTATION.

6. ALL RIGHTS ON THE SOME RESULTS OF THE ACTIVITY OF THE PROJECT RESIDENT ADVISER AND ADVISERS CONNECTED WITH THE PREPARATION AND IMPLEMENTATION OF THE PROJECT IN UKRAINE BELONG TO THE OWNERSHIP OF THE CENTRAL BODY OF EXECUTIVE POWER – BENEFICIARY OF THE PROJECT. PARTNER STATE AND THE EUROPEAN COMMISSION HAVE RIGHT TO USE MENTIONED RESULTS ONLY BY THE PERMISSION OF THE CENTRAL BODY OF EXECUTIVE POWER – BENEFICIARY OF THE PROJECT. TO GIVE SUCH PERMISSION CAN BE IMPOSSIBLE BY USING THE RESULTS WHEN IT CONTRADICTS TO THE INTERESTS OF THIS BODY OR IT IS FULFILLED FOR COMMERCIAL PURPOSES.

7. THE PROJECT LEADER FROM MS ADMINISTRATION DRAFTS INTERIM (QUARTERLY) AND FINAL REPORTS ON PROJECT IMPLEMENTATION RESULTS AT THE CORRESPONDENT BENEFICIARY ADMINISTRATION (BA) AND SUBMIT THEM FOR APPROVAL TO THE PROJECT LEADER AT THE UKRAINIAN BENEFICIARY ADMINISTRATION.

8. THE PROJECT LEADER FROM UKRAINIAN BA, IF THERE ARE COMMENTS AND REMARKS TO INTERIM (QUARTERLY) AND FINAL REPORTS, SUBMITS THEM TO THE PROJECT LEADER FROM MS ADMINISTRATION.

9. THE REPORTS SIGNED BY PROJECT LEADER FROM UKRAINIAN BA AND TEAM LEADER FROM MS ADMINISTRATIONS ARE SUBMITTED TO TWINNING PROGRAM ADMINISTRATION OFFICE AND EUROPEAN COMMISSION DELEGATION IN UKRAINE.