First letter.

Our company as charterer executed all conditions of the agreement of chartering and your claims as a carrier not reasonable and not subject to satisfaction on next reasons:

Following a decision: CABINET of MINISTERS of UKRAINE, DECISION, From May, 12 in 2007 № 705. An ORDER of realization of review, inspection, analysis, fumigation and inspection (registration of phitosanitary and quarantine certificates) of adjusting objects is in the field of quarantine of plants.

MINISTRY of AGRARIAN POLICY of UKRAINE. ORDER. on Augusts, 23 in 2005 N 414
About claim of the phitosanitary rules of import from abroad, transportation within the limits of country, transit, export, to the order of processing and realization of subquarantine materials
In accordance with the article of a 11 Law of Ukraine About the quarantine of plants.
In obedience to Statute about Central scientifically - the experienced quarantine laboratory, zonal quarantine laboratories, regional and municipal quarantine laboratories" ratified by an order from 18.05.10р. №97 (document attached) point to a 9.10 regulating duration of realization of analysis in the flow of 3 days.

2 Samples, which presented to the laboratory for examination, must be selected, directly, by a government inspector from the quarantine of plants in accordance with DSTU3355-96 (document attached).

A point 5.3.2 states: Selection of coulisses of grain that is transported in bulk in the holds of vessels, carry out during their unloading with a stream that falls from a conveyer or grain pump, crossing him on all width of special dipper sampling or sampling tube through the even intervals of time. General mass of the incorporated test (all coulisses) must present not less than 10 gs on every ton. From every hold the separate is formed incorporated composite sample.

3. Legislative acts operating on territory of Ukraine touching the export of sunflower and order of their custom registration according to the Custom code.

The Custom code of Ukraine. Charter 3. Mutual relations of custom organs, specialized custom establishments and organizations with other public authorities, organs of local self-government, and also with enterprises and citizens.

Article 27. The mutual relations of custom organs with other public authorities, that carry out control during moving of commodities through the custom border of Ukraine.
 
Commodities that move through the custom border of Ukraine, except custom control can be subject to sanitary- epidemiology, veterinary, phitosanitary, radiological, ecological control and control after moving of cultural values.

Custom organs co-operate with public authorities that carry out the marked types of control, in the order set by the legislation of Ukraine.

Custom registration of commodities that move through the custom border of Ukraine is completed only after realization of set by the legislation of Ukraine of the necessary for this commodity types of control, marked in part first it.
A company inquired in the Custom post on control of export of sunflower in part touching a division Certificates, permissions, conclusions of and other Certificate is given on resolving documents for a commodity 1206 00 91 00 on 07.11.2011 (complete text is in an appendix). In this certificate it is indicated: Custom control and custom registration come true after realization of phitosanitary control.
On shipping (commodity-transport) documents the imprint of stamp "Import to Ukraine is settled", or "Transit on Ukraine is settled", or "Export from Ukraine is settled".
Phitosanitary certificate ("5046"), that is given out by the country of exporter must accompany commodities that is subject to this type of control.
We hope that this information is exhaustive on this question and we hope you will take our refuse over payment of the proposed claim.

Second letter.

We give a present to you additional elucidation of our letter from 09.11.20__.

As indicated in SOF (attached) loading completed at 04.50 on 28.10.20__. At this time sampling made off according to norms operating on Ukraine, namely:

-    From 02.00 on 25.10.20__ to 04.50 on 28.10.20__ loading and sampling according to a standard: Samples, which presented to the laboratory for examination, must be selected, directly, by a government inspector from the quarantine of plants in accordance with DSTU3355-96 (document attached to letter dated 09.11.20__). A point 5.3.2 states: Selection of coulisses of grain that is transported in bulk in the holds of vessels, carry out during their unloading with a stream that falls from a conveyer or grain pump, crossing him on all width of special dipper sampling or sampling tube through the even intervals of time. General mass of the incorporated test (all coulisses) must present not less than 10 gs on every ton. From every hold the separate is formed incorporated composite sample.

-    04.50 on 28.10.20__ - 16.00 on 31.10.20__ the composite sample is formed and given in a laboratory, realization of analyses agrees: Statute about Central scientifically - the experienced quarantine laboratory, zonal quarantine laboratories, regional and municipal quarantine laboratories ratified by an order from 18.05.10р. №97 (document attached to letter dated 09.11.20__) point to a 9.10 regulating duration of realization of analysis in the flow of 3 days.

-    16.00 on 31.10.20__ Analyses conducted, data are given in custom control concordantly: A company inquired in the Custom post on control of export of sunflower in part touching a division Certificates, permissions, conclusions of and other Certificate is given on resolving documents for a commodity 1206 00 91 00 (complete text is in an appendix to letter dated 09.11.2011). In this certificate it is indicated: Custom control and custom registration come true after realization of phitosanitary control. On shipping (commodity-transport) documents the imprint of stamp Import to Ukraine is settled, or Transit on Ukraine is settled, or Export from Ukraine is settled. Phitosanitary certificate (5046), that is given out by the country of exporter must accompany commodities that is subject to this type of control.
We hope that additional information suffices for an acceptance our the abandonment from payment of the proposed claim.{jcomments on}