Ukraine’s legislative framework has seen a number of developments: The “Concept of Development of Farms and Agricultural Cooperatives for 2018-20”, approved by the Cabinet Ministers of Ukraine (CMU), provides the relevant conditions for the implementation of support programs for concessional loans and for the encouragement of agricultural co-operatives. The “Action Plan of the Strategy for the Development of Small and Medium Enterprises”, adopted in May 2018, allows for specific support measures for SMEs and addresses the modernisation of the relevant regulatory framework, following up on analyses undertaken by the EU-financed Better Regulation Delivery Office.
The Law “On the State Control for Conformity with Legislation on the Safety and Quality of Food and Feed, Animal Health and Wellbeing” adopted by the national Parliament in May 2017, and in force since April 2018, regulates the state’s control of production facilities to ensure the desired level of protection of human health and consumer interests. It also provides for reduced physical inspections of imported agricultural and food products into the customs territory of Ukraine subject to certain requirements regarding the type of product imported and its origin, and conditional on a prescribed set of documentation.
The Law “On Feed Safety and Hygiene”, adopted by the national Parliament in December 2017 and in , is to come into force in January 2020, sets legal and organisational principles for production, circulation, labelling and presentation of feedstuff, and regulates the relations between executive authorities2 and feed market operators.
After substantial reductions, the state budget for supporting the Ukrainian agricultural sector was significantly increased since 2016. In 2018, total expenses by the Ministry of Agrarian Policy and Food of Ukraine for direct subsidies to agricultural producers amounted to UAH 4.2 billion (USD 154 million), up from UAH 0.3 billion (USD 12 million) in 2016 when most of the support had been provided through public revenues foregone.
Livestock producers benefitted from specific support programmes in 2018: UAH 1 340 million (USD 49 million) were allocated for the partial reimbursement of costs related to the construction and reconstruction of animal farms and complexes. Another UAH 512 million and UAH 320 million (USD 19 million and USD 12 million) were directed to agricultural enterprises as a subsidy per head of cows and to rural households as a subsidy per head of young cattle, respectively.
As in 2017, the programme “State support of animal husbandry” provided partial compensation to agricultural producers purchasing high breeding animals. Allocations in 2018 significantly exceeded those in 2017 and amounted to UAH 215 million (in 2017: UAH 11.7 million) (USD 7.9 million and USD 0.4 million, respectively). In contrast, no allocations were made for debt repayment under the same programme, which had provided UAH 158 million (USD 5.9 million) to livestock producers in 2017.
Similar to the programme “Partial compensation of interest on commercial bank credit”, re-activated in 2015, the Ministry continued to support agricultural enterprises through the programme “Financial support in agriculture through preferential credits” to the tune of UAH 266 million (USD 9.8 million) in 2018. In addition, the state programmes “Financial support for farm development” and “State support of livestock sector”, transferred UAH 8.5 million and UAH 3.7 million (USD 0.3 million and USD 0.1 million) to support short-term loans, respectively. The state programme “Financial support for farm development” additionally included a subsidy of UAH 6.4 million (USD 0.2 million) to partially compensate costs for seeds for smaller farmers.
Funding of the “Subsidy for partial compensation of agricultural machinery and equipment” has been increased almost eight-fold from its 2017 volume, comprising a total of UAH 1 020 million (USD 34 million), including UAH 108 million (USD 4 million) specifically earmarked for smaller farms3.
Specific support also continued to be provided for planting material and the construction of refrigerators for orchards, vineyards and berry fields. At UAH 394 million (USD 14 million), this support was slightly smaller in 2018 than in the preceding year, when funds were also available for debt repayments.
From 1999 to 1 January 2017, significant support to agricultural producers had been provided through unpaid VAT, which was accumulated on special accounts and used for input purchases. In 2017, the VAT accumulation system was abolished, with the payment of a “Development Subsidy” with similar characteristics of being based on VAT receipts and spent for various production inputs having been paid instead. Since 2018, this form of support has ceased to be provided to agricultural producers.
The sugar production quota system has been abolished since September 2018, and minimum prices for sugar beet within the sugar quota no longer exist, putting an end to a system developed in the late 1990s. The sugar quota regime had been another element of price support policy. Reflecting domestic beet production, a national marketing quota for sugar produced from sugar beet and sold on the domestic market used to be set annually, together with the minimum in-quota prices for sugar beet and sugar. This quota, allocated to individual sugar plants, had not accounted for sugar processed from imported raw cane sugar, which had been subject to a Tariff Rate Quota (TRQ).
During 2018, the State Service of Ukraine for Food Safety and Consumer Protection resumed its official controls and veterinary checks, following the entry into force of the “Law on State Control for Food, Feed, Animal Health and Animal Welfare” in April 2018. Furthermore, the drafting and adoption of sanitary and phytosanitary (SPS) legislation has accelerated, with 17 legal acts compatible with EU legislation adopted and more than 140 others put in the legislative process during 2017-18.
The Law “On Foodstuff Information”, adopted in December 2018, establishes the legal and organisational groundwork for providing food information to consumers, aiming at a high level protection of citizens’ health, well-being, social and economic interests. In particular, the law defines relevant terminology and specific obligations of food market operators, including regarding the specific placement of information, labelling and others.
The Law “On the Basic Principles and Requirements for Organic Production, Circulation and Labelling of Organic Products”, adopted in July 2018, provides the main framework for the production of organic food products and the functioning of the market for organic products. It also defines the roles and obligations for public authorities and organic market operators, and lays out further public policy directions for the development of organic product markets.
Budget allocations for land reforms have more than tripled in 2018 compared to 2017, and reached UAH 342 million (USD 12.5 million). Among the financed work was a normative monetary valuation of agricultural land for all of Ukraine. The results of this valuation are used for the State Land Cadastre and made available to users online and free of charge.
Smaller farmers benefitted from the compensation of up to 90% of costs for extension services. A total of UAH 0.2 million (USD 7 300) were allocated to this support in 2018.
Ukraine made further steps towards implementing its commitments under the 2016 Paris Agreement of the UNFCCC. In December 2018, the CMU approved the Action Plan on the implementation of the Concept for the Implementation of the State Policy on Climate Change for the Period up to 2030. The multi-sectoral Action Plan foresees constant monitoring, reporting and verification of greenhouse gas emissions, emissions trading, the application of financial instruments for emission reductions, and mechanisms towards public-private partnerships. The Government also commits to develop, during the 2019-20 biennium, recommendations for the adaptation of agriculture to climatic changes and as well as a medium-term action plan for the adaptation of forestry. Both the recommendations and a corresponding allocation of budgetary funds are conditions for public activities on spatially specific advice for agricultural producers regarding the risks associated with future climate change.
The Laws “On Environmental Impact Assessment” and “On Strategic Environmental Assessment” adopted in May 2017 and March 2018, respectively, provide for the legal basis for environmental assessments in Ukraine. The former establishes the principles of environmental impact assessments (EIAs) which aim at preventing environmental damage, ensuring environmental safety, environmental protection, efficient use and renewal of natural resources in the political decision-making process related to economic activities with potentially significant environmental impact. In turn, the latter law mandates strategic environmental assessments, including mandatory public consultations, for a variety of projects including in agriculture; among others, it establishes relevant procedures for the implementation and approval of such strategic environmental assessments.
The Ministry of Agrarian Policy and Food is being restructured, giving specific attention to the sustainable management of forestry and fisheries resources.