Charter of Seed Association of Ukraine

Purpose and Scope of Activity (Objectives) of Association

1.1.        The purpose of the Association is to coordinate business activity of its Members having no right to interfere with their manufacturing processes, business, and management decisions.
1.2.        The scope of activities (objectives) of the Association include:
1.2.1.     coordination of seed producers’ and suppliers’ efforts in plant varieties examination, development and adaptation of laws with regard to the protection of the property rights and intellectual property rights;
1.2.2.     promotion and enforcement of fair competition rules under the current laws of Ukraine;
1.2.3.     promotion of environment which help to form and operate an open and equally accessible seed market;
1.2.4.     development of fair and non-corrupt seed market organization methods;
1.2.5.     promotion of the protection of intellectual property rights in plant breeding;
1.2.6.     active participation in law-making process and protection of Association Members’ rights in plant variety registration process, examination for further registration, maintenance of parental lines, importing seeds for scientific and research purposes; participation in drafting regulations, acts of local authorities that may be relevant for the Ukrainian plant varieties and seed market;
1.2.7.     development and implementation of mechanisms which could promote effective control over the use of samples of plant varieties during registration and examination for further registration of relevant plant varieties;
1.2.8.     support to innovative initiatives, advanced technologies, development and launch of new plant varieties and seeds at the Ukrainian market;
1.2.9.     facilitating the entry (accession) and subsequent successful and mutually beneficial cooperation with other associations, associations members, feed and food product manufacturers, suppliers, farmers, and distributors being the key seed market operators; cooperation with academic and research institutions, international organizations (Organization for Economic Cooperation and Development [OECD], European Seed Association, International Seed Federation etc.).
1.3.        In pursuance of these objectives and in such manner which does not violate the laws of Ukraine, the Association shall:
1.3.1.     Develop draft laws and regulatory legal acts, state and industry standards and other laws related to the sphere of seed growing;
1.3.2.     study and analyze the seed market;
1.3.3.     protect and monitor that plant variety and seed market operators have equal rights regardless of their ownership form and country of origin;
1.3.4.     assist in resolving disputes involving Association Members, including dispute resolution by arbitral court;
1.3.5.     assist in arranging laboratory seed testing;
1.3.6.     identify and develop priority actions to be taken to improve the laws and shall submit the relevant drafts to Verkhovna Rada of Ukraine for consideration;
1.3.7.     analyze regulatory legal acts  of the Cabinet of Ministers of Ukraine; take part in drafting regulations together with the Ministry of Agrarian Policy and Food of Ukraine;
1.3.8.     provide scientific and technical support including development of scientifically  reasonable changes to be made in the State Standards of Ukraine concerning seed and shall be involved in the development thereof;
1.3.9.     conduct research and analytical studies of results of qualification examination of plant varieties on behalf of Association Members and other studies on matters related to the activity of Association Members;
1.3.10.  facilitate the routine control practice to check the status of seed samples stored by the State Service on Right Protection for Plant Varieties and shall attend the state examination procedures;
1.3.11.  take part in research and technical programs funded by the state budget;
1.3.12.  cooperate with and represent Association Members’ interests before the Committee of the Verkhovna Rada of Ukraine on Agrarian Policy and Land Relations, Ministry of Agrarian Policy and food of Ukraine, State Service on Right Protection for Plant Varieties for, State Plant Quarantine Service of Ukraine, other legislative and executive authorities, and the Ukrainian Academy of Agrarian Sciences and the National Academy of Sciences of Ukraine;
1.3.13.  cooperate with Ukrainian and international non-governmental organizations;
1.3.14.  cooperate with research institutions of the Ukrainian Academy of Agrarian Sciences, National Academy of Sciences of Ukraine and other research institutions;
1.3.15.  collect and analyze any necessary information on seed market regulation for Association Members and disseminate the relevant information among them; shall provide internal information support and support discussion of relevant issues;
1.3.16.  disseminate information in mass media about efforts taken by the Association and Association Members and promote ideas, innovations, products and achievements of the Association and Association Members among consumers and rural population; shall publish leaflets/newsletters about Association and international news on a monthly basis and publish a magazine focused on specific achievements of seed market operators on a quarterly basis.
1.3.17.  promote discussion of issues, decisions, activities and achievements of the Association by the general public including the relevant stakeholders; shall hold conferences, symposia, trainings and workshops for stakeholders and public officials; shall hold international conferences focused on implementing best foreign practice to regulate the seed market in Ukraine; shall provide informational support for such activity;
1.3.18.  promote cooperation between Ukraine and international seed growing organizations and promote Ukraine's accession to such international organizations;
1.3.19.  promote Ukraine as a reliable partner and a good market for investments and seed growing business at the international market.
1.4.        The Association may not do any business and may not enter into any joint business agreements (contracts) and establish and co-found any entity, nor control and manage thereof.
1.5.        The Association and Association Members shall not engage in any concerted action which may restrict competition between Association Members, including concerted actions with regard to:
1.5.1.     selling prices;
1.5.2.     quantity of products to be manufactured;
1.5.3.     standard price calculation formulas;
1.5.4.     application of a fixed ratio between the prices for competitive products which are not identical;
1.5.5.     refusal to offer discounts or introduction of uniform discounts;
1.5.6.     loan agreements for customers;
1.5.7.     refusal to reduce prices until all other participants of the concerted action have been notified in advance;
1.5.8.     purchase of excess products offered at low prices (to maintain higher prices for products);
1.5.9.     appointment of one sales agent to control sales volumes of all participants of concerted actions;
1.5.10.  distribution of customers among the participants of concerted actions;
1.5.11.  distribution of territories, purchase or sale of products between the participants of concerted actions.

1.6.        The Association shall prevent any possibility of exercising decisive influence on economic activities of Association Members or agreeing upon their competitive behavior. 



Rights and obligations of Association Members

Association Members shall have the following rights:
a)   to attend the General Meeting; Full Members shall attend the General Meeting and shall have a casting vote, while the Associate Members shall attend the General Meeting in an advisory capacity;
b)   to chair and be involved in management and working bodies of the Association;
c)   to attend, upon Board’s invitation, meetings of the Board and other bodies of the Association in an advisory capacity;
d)   to put on agenda and to taka part in the discussion of proposals on any matter of operation of the Association at the General Meeting including proposals to elect or recall certain members of management bodies of the Association;
e)   to receive reports on the activities of the Association, its working bodies, the Executive Administration, to get information on plans and programs, and on the use of the Association’s funds;
f)    to apply to the management bodies of the Association on any matter of its activity;
g)   to use the services of the Association;
h)   to get help from the Association and any Association Member.
Association Members shall have the following obligations:
a)   to comply with the provisions of the Charter of the Association and resolutions of the General Meeting;
b)  to participate in the implementation of statutory objectives of the Association;
c)   to pay admission and membership fees in a timely manner;
d)   to keep the Executive Administration of the Association informed of any organizational and legal changes;
e)   to follow the principle of ethics in their business;
f)    to honor the good name of the Association.