RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/UKR/110/Add.3
20 June 2003
(03-3316)
Working Party on the
Accession of UkraineOriginal:  English
ACCESSION OF UKRAINE
Check-list of Issues
Addendum
Sanitary and Phytosanitary Measures (SPS) Completion Report
With reference to the information in  Item 136 of document WT/ACC/110/Add.2, the
Governmental Commission on Ukraine's Accession to the WTO has submitted the following SPS
Completion Report with the request that it be circulated to members of the Working Party.
_______________WT/ACC/UKR/110/Add.3
Page 2
European Expertise Service
Completion Report
Cover page
Project Title: Sanitary and Phytosanitary Measures in Ukraine
Project Number: UK04
Country: Ukraine
Start  Date: 6 September 2001
Duration: 5 Months
Counterpart
Name: Ministry of Economy of Ukraine
Address: Department for European - Atlantic Cooperation
Tel. Number: +380 44 212 5040
Fax number:
E-mail: 1912@mfert.gov.ua
Contact person : Vadim Snizhko
Signatures :
Date of report : 31 January 2002
Period covered : 17 September 2001 – 10 January 2002WT/ACC/UKR/110/Add.3
Page 3
Project Synopsis
Project Title:  Sanitary and Phytosanitary Measures in Ukraine
- Target Groups and Counterparts
Ministry of Economy, Ministry of Health, Ministry of Agrarian Policy, Veterinary Service,
Sanitary-Epidemiological Department, State Servic e for Plant Quarantine, the State Customs Service,
the Ministry of the Environment and the Medved Institute of Ecological Hygiene and Toxicology.
- Wider Objective/s
- To establish a comprehensive and credible SPS regulatory system in Ukraine, improving
the prospects for increased trade in food-related products and leading to further progress
in the path towards compliance with WTO and European Union standards.
- Specific Objectives
- To support Ukraine in the measures necessary to ensure compliance with the sanitary and
phytosanitary requirements of the WTO;
- To assist in the development and implemen tation of the Ukrainian "strategic plan of
measures" for the resolution of problematic SPS questions;
- To provide policy advice on the implementation of the strategic plan; and
- To identify a mechanism for approximation to European Union requirements, and to
identify priority areas and/or sectors that can be addressed.
- Project Activities
- Development of a strategic plan;
- Advice on the implementation of a strategic plan; and
- Identification of a pilot sector.
-R e s u l t s
- An analysis of the effectiveness and compatibility of SPS measures in Ukraine with the
conditions and recommendations of international organisations;
- A comparative analysis with analogous systems in the Europea Union; and
- A strategic plan, agreed with the counterpart, the European Commission, and the WTO (if
appropriate) for the implementation of SPS measures, including a costing and timescale
for implementation.
- Verifiable Indicators of Achievement
- A clear and unambiguous strategic plan of measures designed in full conformity with
both European Union and WTO practises along with a fully costed and developed outline
of recommendations for future funding.
- Conclusions
- Full compliance with the Agreement on the Application of Sanitary and Phytosanitary
Measures, related to food production and the food chain.WT/ACC/UKR/110/Add.3
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- Background and history
Ukraine has had an application outstanding for membership in the WTO since 1994.  One of
the obstacles to accession is compliance with the Agreement on the Application of Sanitary and
Phytosanitary Measures, related to food production and the food chain.
Sanitary and phytosanitary measures are defined by the WTO1 as any measures applied to
protect:
- human or animal life from; risks arising from additives, contaminants, toxins, or disease-
causing organisms in their food;
- from human life; plant- or animal carried diseases;
- from animal or plant life; pests, diseases, or disease-causing organisms; and
- from a country; damage caused by the entry establishment or spread of pests.
The need for a comprehensive set of SPS regulations comes at a time of growth in the
international trade in food products, and sales of processed food, particularly in supermarkets.  The
need for regulation and enforcement of regulation of sanitary standards extends from the farm gate to
the end-consumer.  Food safety concerns in Western Europe, in the light of recent outbreaks of BSE
and Foot and Mouth Disease (FMD) heighten the need for a comprehensive SPS framework.
The Ukrainian authorities have begun a programme of reform, which aims to bring Ukrainian
regulation of sanitary and phytosanitary measures in line with WTO, in the first instance, and
eventually also with European Union standards.  This includes the following regulatory measures:
- Amendments to the Law of Ukraine "On ensuri ng the sanitary and epidemiological safety
of the population"(the fundamental law for SPS);
- Amendments to the Law of Ukraine "On quality and safety of food products and raw
agricultural materials"; and
- Amendments to the Law of Ukraine "On amendments to various laws of Ukraine on
questions of Veterinary Medicine".
In addition, the Cabinet of Ministers is preparing the following resolutions:
- Resolution "On confirming the Statue of the State Sanitary-Epidemiological Service of
Ukraine";
- Resolution "On confirming the Statute of the State Sanitary-Epidemiological Inspectorate
of Ukraine"; and
- Resolution "On the procedure for confirming the list of food additives allowed for use in
Ukraine".
Further to this, the Ministry of Health has confirmed, through its Order No. 247 of
October 2000, a new procedure for carrying out sanitary controls.  This is now being supplementedwith additional procedural documents, which will include important elements such as a definition of
exactly which products are subject to sanitary controls.
European Union operators in Ukraine have expressed some concerns over the application of
SPS measures, with notable examples being a restrictive approach to permitted food additives, and
broad application of sanitary controls (as per the Order No. 190 of the Ministry of Health fromOctober 1995).  This increases the need for better  information exchange and awareness between the
responsible Ukrainian authorities and those of the European Union.
                                                     
1 Agreement on the Application of Sanitary and Phytosanitary Measures, Annex A, Paragraph 1; WTO
1994WT/ACC/UKR/110/Add.3
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- Intervention Rationale: SPS and Ukraine
Assurance of given levels of SPS regulation in the production of food is crucial to Ukraine's
progression to WTO accession and, eventually to full European Union membership.  It is also critical
in the development of both domestic and international trade in food products, a potential area of
growth for Ukraine.
This project was based on a request from the Ministry of Health and Ministry of Agrarian
policy who are in the process of implementing a range of measures, including legislation aimed at the
introduction of standards in food processing.  Technical assistance provided at this time to establish a
comprehensive and credible SPS regulatory system, will improve the prospects for increased trade in
food-related products and will lead to further progress on the path towards compliance with WTO and
European Union standards.
The policy advice provided focused primarily on providing the Ukrainian authorities with
specific guidance with meeting the requirements for WTO accession, and on the development of a
regulatory framework consistent with the longer-term possibility of full European Union membership.
- Short description of activities and deliverables
As detailed in the project inception report, it become apparent that the team of international
experts that were originally proposed to undertake the project did not have the broad expertisenecessary to effectively cover all of the speciali sed areas required to complete the project.  We
therefore replaced proposed inputs by three specialist consultants:  Dr Patrizia Parodi (sanitary issues
and implementation of the WTO SPS Agreement), Evans Dexter (a veterinary specialist) and Edmund
Kingcott (a food safety specialist).  This team ensured that the full range of disciplines required was
covered.
The international experts each undertook brief missions to Ukraine in December 2001.  They
were supported by a team of local experts.
- Commentary on the strategic plan of measures for SPS
The consultants reviewed the "plan of measures regarding solving the problematic issues on
sanitary and phytosanitary control in Ukraine, in particular at the State Border"which had previouslybeen prepared in draft form by the Ministry of Economy and European Integration.  The revision was
undertaken together with representatives of the Ministry of Economy and European Integration of
Ukraine (see Annex A).
- Analysis of the extent to which existing legislation and administrative capacity is compatible
with WTO requirements
- Legislation
The consultants undertook an extensive review of current and proposed legislation relevant to
SPS in Ukraine.  There is a huge amount of fragmented legislation concerning SPS measures, product
by product, in each of the Ministries involved, this constitutes a complex and fragmented legislative
system.  A summary of legislation is provided in Annex B. Within the framework of the project it was
not possible to examine every individual law.
Order No. 247 of 9 October 2000 of the Ministry of Health concerns the procedure for issuing
medical hygiene certificates.  This order covers both national and imported products and is published,
in compliance with article 7 and annex B of SPS Agreement.WT/ACC/UKR/110/Add.3
Page 6
Several other Ministry of Health orders which are either product specific or issued on a
general basis (e.g. mandatory minimal list of analytical tests, a manual for taking samples, technical
requirements etc) are applied in a non-discriminatory manner to both national and imported items, in
compliance with SPS requirements (art. 2, point 3).).
The Ministry of Economy and European Integration is currently seeking to compile a full list
of relevant legislation to enable a full analysis to be undertaken.
- Administrative Capacity
During the missions all relevant Administrations were visited and their organisation and
competencies assessed in respect of SPS agreement.  Descriptions of the organisations and
competencies are attached as Annex C.
In terms of WTO requirements the need to set up an SPS Enquiry Point is very well
understood, but still there is no clear agreement on its location, organisation and work. It is currentlyproposed to establish an Enquiry Point in each Ministry and to prepare an integrated database. The
National Notification Authority will be taken into account only after accession to WTO, and at
present is not considered a matter of priority.
- Recommendations for further reform of the SPS regime
It was recommended that the following actions should be implemented in short term:
- There is an urgent need to increase knowledge and understanding of WTO and European
Union rules regarding the SPS regime.  There is only a basic level of knowledge of SPS
issues, with several points to be clarified. In some cases the European Union experience
could be used as a model. Further training and information dissemination on the
following topics will be extremely relevant:
- definition of what constitutes an SPS measure;
- transparency;
- international procedures for control, inspection and approval;
- activities implemented at the Border Inspection Points according to European
Union rules;
- risk assessment;
- harmonisation; and
- food safety, including HACCP system, al ert system, surveillance and official
control, tracing back, etc..
There is a need for a detailed review of the core competencies of the different administrations
on products covered by SPS agreement, and preparation of a proposal to avoid overlapping.  As an
example, an imported food of animal origin is subject to certification issued by Ministry of Health,authorisation by the State Committee on Standardisation, check of the certificate at the Health Border
Point, check of the product with collection of a sample at the Veterinary Border Point, and
surveillance in the market by the Epidemiological Unit, the Veterinary Service and the Association of
Consumers' Rights (a Non Governmental Organisation).
The Border Inspection Points system (authorisation, facilities and equipment, checks to be
performed, etc.) needs to be reviewed.  At present all BIPs are authorised for all products and
laboratory tests are performed on all consignments of imported food of animal origin, with part of the
costs covered by the owner of goods.  The list of parameters to be checked is very comprehensive, for
instance meat and poultry meat are tested for toxic elements (lead, cadmium, arsenic, copper, zinc,
mercury), ten different pesticides, micotoxine, microbiological parameters and radionuclides, with aWT/ACC/UKR/110/Add.3
Page 7
cost of around US$120 for each consignment.  The cost will increase in the future as the State will no
longer support this activity.
- Advice on legislative measures and reforms necessary to ensure compatibility with WTO
requirements
In addition to general advice in all areas, specific assistance was given on the implementation
of European Union directives relating to animals and products subject to animal health and veterinary
public health control on entering the European Union from third countries, along with detailed
information on the types and forms of control applicable (Annex D).
In the Decree of the President of Ukraine No. 104/2002 of 5 February 2002 On the Program
of Measures on Completion of Ukraine's Accession to the World Trade Organisation (attached as
Annex E), the President specifically mentions the need to pass the law on amending the Law of
Ukraine "On Quality and Safety of Foodstuffs and Food Raw Materials"as bringing nationallegislation into conformity with international re quirements and standards, and with the European
Union directives in the area of regulation of quality and safety of foodstuffs and food raw materials.
He also instructs that the following draft laws be introduced into the Verkhovna Rada
according to the established procedure on amending the laws of Ukraine, so as to bring them into
conformity with international standards in sanitary and phytosanitary areas:
- "On Ensuring Sanitary and Epidemic Safety of Population";
- "On Quality and Safety of Foodstuffs and Food Raw Materials";
- "On Safeguard Against Infectious Diseases";
- "On Pesticides and Agrochemicals";
- "On Bee-Farming";
- "On Quarantine of Plants";
- "On Flora"; and
- "On Seeds".
- Training on various aspects of the SPS regime
Each member of the team presented a number of specialised training courses covering the
WTO SPS regime, food safety procedures, the European Union veterinary regime and the European
Union response to BSE and Scrapie.
- Analysis of information requirements of counterpart institutions and provision of relevant
documentation and databases
There is a widespread lack of knowledge on all aspects of the WTO SPS regime and on
relevant European Union legislation.  In addition to providing copies of translations of the various
WTO texts the project translated more than twenty Ukrainian laws into English and providedinformation on how to obtain copies of relevant European Union directives from EURO-LEX,
(www.europa.eu.int/eur-lex/en/index.html ).
- Identification of a pilot sector for harmonisation with European Union legislation and
elaboration of an approach for implementation
After extensive discussion the dairy sector was identified and agreed as a potential pilot sector
for harmonisation with European Union legislation.
Dairy standards are fragmented within three different rules of the Ministry of Health
(available in Ukrainian) and others are thought to exist in the other normative bodies.  This appears toWT/ACC/UKR/110/Add.3
Page 8
be the same for most products covered by SPS measures. In order to start the process of simplification
and harmonisation with International Standards and EC rules, there is a need to:
- collect and collate all legislation relating to this sector;
- proceed with analysis, review, and systematisation of legislation; and
- draft laws and amendments.
After finishing with the process stated above a database including all relevant laws, orders
and regulations needs to be designed and implemented for consultation of national and international
traders and other interested parties.  To facilitate consultation, a web site should be designed and
opened, as suggested during SPS Committees.  During this process, collaboration with the private
sector (e.g. Food Processors League) would help to ensure the content of the web site is relevant to all
parties.
It was agreed that once this has been implemented for the Dairy sector the methodology
would be replicated in additional problematic sectors.
- Provision of ad-hoc policy advice by international experts
Each of the experts met with a wide range of Ukrainian officials and representatives of the
private sector.  Advice was given on all aspects of implementing the SPS Agreement both pre and
post WTO accession, along with detailed advice relating to specific issues within the areas of theindividual consultant's expertise.
Identification of medium term measures that could be considered for further technical
assistance and, specifically the elaboration of a draft project description for possible financing from
the Tacis 2001 Ukraine Action Plan.
A draft project description is attached as Annex F.Specific measures for further financing that should be considered under the programme are
attached as Annex G.
- The counterpart's actions and reactions, implementation and dissemination
The two main working counterparts identified fo r this project, which are the main authorities
responsible for sanitary and phytosanitary (SPS) regulation in Ukraine, are:
- the Ministry of Health, which is responsible for sanitary controls in the food processing
industry; and
- the Ministry of Agrarian Policy, which is responsible for phytosanitary and veterinary
issues.
The project also involved and liaised closely with other executive agencies subordinate to
these government authorities.  These included th e Chief State Veterinary Inspector, the Chief State
Sanitary Inspector, the State Service for Plant Quarantine, The State Customs Service and also anumber of expert institutes (such as the Medved Institute of Ecological Hygiene and Toxicology),
which provide advice, expertise and analytical capacity.
The main overall counterpart, with responsibility for co-ordination of activities on the
Ukrainian side, was the Ministry of Economy, and specifically the department for Euro-Atlantic
Integration.WT/ACC/UKR/110/Add.3
Page 9
An informal consultative expert group on SPS was created and acted as a steering committee
for the project.  The group comprised officials from the Ministry of Economy, Ministry of Health,
Ministry of Agrarian Policy, Veterinary Service, Sanitary-Epidemiological Department, State Service
for Plant Quarantine, State Customs Committee, and key Research Institutes.  Liaison between the
project and the counterparts was primarily through this consultative expert group.
It is understood that all counterparts appreciated the advice and assistance that they received
from the project, although there was an initial lack of understanding as to what could be achieved
from a small project with limited financial and human resources available.
- The wider reaction to the deliverables
Given the highly complex and technical nature of the subject matter and the limited time
available in Kiev, there was little discussion of the project outside the counterparts mentioned above
and other members of the donor community in Kiev.  It is understood that both the Commercial LawDevelopment Programme funded by the United Stat es Department of Commerce, and the Ukraine
Trade Policy Capacity Building Project funded by British Government's DFID, will continue
assistance to the Government of Ukraine regarding SPS issues until a European Commission funded
project is contracted.
Achievement of short term objectivesThe specific short term objectives of the project were:
- To support Ukraine in the measures necessary to ensure compliance with the sanitary and
phytosanitary requirements of the WTO;
- To assist in the development and implementation of the Ukrainian strategic plan of
measures for the resolution of problematic SPS questions;
- To provide policy advice on the implementation of the strategic plan; and
- To identify a mechanism for approximation to European Union requirements, and to
identify priority areas and/or sectors that can be addressed (see Section 2g for details).
All of the above have been achieved, although it should be stressed that there is still an
enormous amount of work to be carried out by the Ukrainian Government to gain the agreement ofboth their negotiating partners at the World Trade Organisation and the European Union to specific
plans.
- The contribution of project activities and deliverables to achieving the long term objectives
The establishment of a comprehensive and credible SPS regulatory system in Ukraine is a
huge and difficult task requiring strong leadership and coordination across government.  It will only
be achievable with a strong political will, within the Presidential administration, the relevant
ministries and the Verkhovna Rada.  The project has contributed towards this process by assistingwith the identification of further necessary reforms of the SPS regime (as identified in the proposed
Plan), advising on legislative measures and reform s that are compatible with WTO requirements, and
in the identification of medium term measures where further technical assistance could be of benefit.
- The key lessons learned
- Technical lessons
Given the complexity of the legislative system in Ukraine, It was extremely difficult to
identify and obtain the latest relevant legislation, draft legislation, amendments, orders and decrees
relevant to the regulation of SPS measures.  It was almost impossible to obtain anything other thanWT/ACC/UKR/110/Add.3
Page 10
Ukrainian language versions of laws and most other documents.  This necessitated a much greater
translation effort than was originally envisaged. Given the low prevalence of English language ability
all meetings had to be conducted using interprete rs and all documents issued for the counterparts
translated into Ukrainian.
- Management lessons
Sanitary and phytosanitary standards cover a multitude of separate disciplines and
specialisms. International experts tend to specialise in certain areas such as for example human health,
veterinary issues, food safety and plant health and it was not therefore possible to propose an expert
who could cover all areas adequately.  Coordinati on between a number of different experts and the
various government ministries and other beneficiar y institutions was therefore extremely important,
though at times difficult and time consuming.
- Political lessons
Projects of this nature require strong central coordination from both the contractor and the
main counterparts. However, it is also important to  ensure that all beneficiaries feel involved and
taken account of, both in terms of project design and implementation. It is only with the assistance of
the Ministry of Economy and European Integration that the project was able to be successfully
implemented.
- Factors affecting the sustainability of the project's results
There will need to be continued coordination both between the counterparts to the project and
with other donors to ensure that the SPS reform process proceeds in line with Ukraine's accession
negotiations to the WTO.  There appears to be the political will to ensure that this happens, but it is
essential that follow up projects should be approp riately targeted and commence without undue delay.
This implies close co-ordination, firstly betwee n the different Ukrainian authorities affected
by SPS controls, and between Ukrainian authorities and donor agencies at the design or programming
stage.  When it comes to implementing the actual  projects, close co-operation between the selected
contractors and Ukrainian authorities will be vital to ensure success.
The Ukrainian authorities must be committed to allocating sufficient resources on the part of
the administration to the projects, and to recognis e the time required to ensure all laws are passed
efficiently through the legislative bodies, including the parliament.WT/ACC/UKR/110/Add.3
Page 11
European Expertise Service
Form 1:  Logframe Matrix
Long Term
ObjectivesOutputs  (Description and target dates
for delivery)Objective Verifiable
Indicators of deliveryConstraints and
Assumptions
Recommendations for further reform
of the SPS regime. End of projectMonitoring of legislative
changeVerkhovna Rada passes
appropriate legislation.
Necessary resources areavailable forimplementation
Advice on legislative measures andreforms necessary to ensurecompatibility with WTO
requirements. End of projectUkraine's progress with WTO
Accession Comments fromUkraine's WTO Accession
Working Party MembersContinued political will to
accede to the WTOTo establish a
comprehensive and
credible SPSregulatory system inUkraine
Identification of medium term
measures that could be considered for
further technical assistance and
specifically elaboration of a draftproject description for possiblefinancing from the Tacis 2001Ukraine Action Plan. End of projectProject is approved for
financing, tendered and
contracted.Necessary funding will be
available
Short Term
ObjectivesOutputs  (Description and target dates
for delivery)Objective Verifiable
Indicators of deliveryConstraints and
Assumptions
To support Ukrainein the measuresnecessary to ensurecompliance with the
sanitary and
phytosanitaryrequirements of theWTOAnalysis of the extent to which
existing legislation andadministrative capacity is compatiblewith WTO requirements. End of
projectAnalytical report by
International expertsRecommendations will be
taken account of andimplemented
Commentary on the strategic plan ofmeasures for SPS.  December 2001International experts' reports Recommendations will be
taken account of andimplemented
Training on various aspects of theSPS regime (in Ukraine).  December2001 & January 2002Feedback from trainees Relevant personnel are
available for training eventsTo assist in thedevelopment andimplementation of
the Ukrainian
‘strategic plan ofmeasures' for theresolution of
problematic SPS
questionsAnalysis of information requirements
of counterpart institutions andprovision of relevant documentation
and databases. End of projectInformation needs analysis.
Purchase, collation anddissemination of information.Constraint that the project
only has limited resourcesfor purchase and translation
of information into
Ukrainian.
To provide policy
advice on the
implementation ofthe strategic planProvision of ad-hoc policy advice by
International experts.  December
2001 and January 2002Final report Recommendations will be
taken account of and
implemented
To identify amechanism forapproximation to EUrequirements, and to
identify priority
areas and / or sectorsthat can be addressedIdentification of a pilot sector for
harmonisation with EU legislationand elaboration of an approach forimplementation. End of projectPilot sector identified and
approach implemented byUkrainian authoritiesResources will be available
to implement approachWT/ACC/UKR/110/Add.3
Page 12
ANNEX A
Commentary on the strategic plan of measures for SPS
In particular the following points were underlined:
- generally speaking the plan can still be considered valid, and only some changes in the
time-scale should be discussed and introduced at the beginning of the new year;
- a stricter collaboration with the European Commission is of the utmost importance,
mostly for the supply of European Union legislation and information on European Union
procedures and implementing bodies;
- some measures envisaged by the plan need financial support, originally not taken into
consideration; and
- a working group with representatives of all the Ministries involved was designed and its
approval is expected in the near future (Annex 1: draft of the list of members).  The groupis under the leadership of the State Committee of Standards and of the Chief Sanitary
Doctor of the Ministry of Health. Up to now  the Cabinet of Ministers has constantly been
informed on the progress achieved even if th e first official meeting with the working
group will be held in the near future.
Up to now the following steps have been impl emented (see below - Annex A1: revised tables of
measures for 2001):
- reduction of the list of imported goods subject to licensing; and
- preparation of the Memo regarding co-opera tion between Ukraine and EC in the field of
sanitary and phytosanitary measures (available in Ukrainian).
Joining the International Convention on adjusting conditions for Cargo Control at the border
collection of laws and resolutions of the Cabinet of Ministries to be included into the data base
(Annex B: provisional list of collected legislation).  The implementation of the database has been
judged as one of the major problems.  In fact the legislation collected does not include the huge
number of standards specific for single product, issued by competent Ministries and of the utmost
importance to comply with Ukraine import and internal market rules.WT/ACC/UKR/110/Add.3
Page 13ANNEX A1
Review of the Plan of measures for 2001 regarding solving the problematic issues on sanitary and phytosanitary control in Ukrai ne, in particular at the
State Border  agreed in accordance with the Cabinet of Ministries of Ukraine order of 31 August 2001 no. 129-ck/10
Name of the measure Content of the measure Implementation /Comments
1. Reduction of the list of imported
goods subject to licensingExcluding from the list of goods, which are subject to import
licensing the following goods:
- the registered veterinary medicine
- insect killers- cosmetics and hygiene items except in aerosol cansThe Cabinet of Ministries annually approves the list.
At present, the list for 2002 is under approval. It excludes the
registered veterinary medicine and insecticides.
In respect of cosmetics and hygiene items, the Ministry of
Health would ask for derogation, as they deem of the utmost
importance to maintain these items subject to licensing
2. Preparation and submitting for
review by the EC of the Memoregarding co-operation betweenUkraine and EC in the field ofsanitary and phytosanitary measuresEstablishment of the legal basis for attracting international
technical assistance to resolve the problem issues in sanitary andphytosanitary control in Ukraine, in particular at the StateBorderThe Memo has been drafted and sent for approval to all
Ministries.
At present all Ministries have approved it, except Ministry of
Foreign Affairs.
Discussion and negotiation with the Ministry of Foreign
Affairs are going on.
3. Drafting and approval of the list of
products subject to sanitary andepidemiological testing (withreferences to the codes of goods), and
introduction of the corresponding
changes and amendments into thelegislation and regulations specifyingthe procedures for state sanitary andepidemiological testing and sanitary& epidemiological monitoringTranslation and analysis of the list of products subject to
sanitary and epidemiological testing in the EC.
Approval of the list of products subject to the sanitary and
epidemiological forensic testing in Ukraine, with the reference
to the codes of goods in accordance with the Register of Codes.
Introducing changes and amendments to the existing legislation
and regulations, in particular to the Law of Ukraine On sanitaryand epidemiological support of the populationIt was impossible to finalise the work, as the EC, even though
requested several times, has failed to supply documentationAt present the list is under preparation.EC documentation needed
Not yet implemented
4. Joining the International Convention
on adjusting conditions for Cargo
Control at the borderAdoption by Ukraine of the obligation with respect to
simplifying the International cargo Transportation, including the
following:
- reduction of requirements for complying with formalities
- reduction of the types and time period of controls as a way
of co-ordinating the national and international control
procedures and methods of applicationFully implemented, accordi ng to information receivedWT/ACC/UKR/110/Add.3
Page 14Name of the measure Content of the measure Implementation /Comments
5. Drafting and approval of the list of
products (with reference to the codesof goods) subject to the sanitary andphytosanitary control in Ukraine (atthe border, during Customs
processing, at the domestic market)
with the specific definition andcancellation of the same types ofcontrolAnalysis of the international economic balance and statistics of
the domestic industrial production in Ukraine in accordancewith the list of products subject to sanitary and phytosanitaryforensic testing in EC
Creation of the data base of the legislation of Ukraine on
sanitary and phytosanitary control, in particular at the StateBorder Control points
Drafting a list of products subject to sanitary and phytosanitary
control in Ukraine (with reference to the codes of goods in
accordance with the register of codes and types of the control),introducing corresponding changes and amendments to theOrder of the Ministry of Health protection, Ministry ofEcological resources, Ministry of  Agrarian Policy for control at
the State Border, including the following:
- cancellation by the specialised agencies of the
requirements to have forensic testing conclusions (sanitary,epidemiological, veterinary, ecological and so on) for theproducts subject to registration ID control;
- introducing corresponding changes and amendments to the
existing legislation and regulationsNot yet implemented.
Assistance requested
The Ministry of Economy has sent to the other Ministries an
official request for collecting legislation relevant to SPSissues.
At present about 30 laws and resolutions have been collected.
Information received has not jet been analysed.
Data base has not yet been implemented.Assistance requested
EC documentation neededWT/ACC/UKR/110/Add.3
Page 15ANNEX B
Provisional List of Legislation Relevant to  SPS Issues Collected by Different Ministries
Ministry of Ecological Resources
Name of legal act Type of legal act No. and year Last amendment
1. Comprehensive programme of development of the State Border of Ukraine President's edict No. 596 of 16 December 1993 --
2. Programme of organisation of the ecological control at the State border Programme 2 March 1994 --
3. On ecological control at the border points Cabinet of the Ministries decree No. 198 of 20 March 1995 --
4. Rules on production, storage, transportation, use rendering of poisonous wastes,
inclusive of toxic industrial wasteCM decree No. 440 of 20 June 1995 --
5. Amendment to decree no. 198/95 CM decree No. 704 of 28 June 1997 --
6. On approval of the rules of ecological control of export of waste of iron and colour
metals by ecological inspection of the Ministry of EnvironmentCM decree No. 999 of 2 July 1998 --
7. On fees at the border points CM decree No. 1034 of 15.06.99 --
8. Instruction on co-ordination & delineation of functions of control at the state border Instruction 11 June 1994 --
9. On fees and control of the big lots of coal CM order No. 686 of 16 July 1999 --
10. On ecological control at border points & in regional customs Provision No. 204 of 8 September 1999,
No. 787/4080 of 15 October 1999--
11. Rules on taking out from Ukraine or eradication of perished goods of human aid CM decree No. 728 of 28 April 2000 --
12. On carrying out radiological control of means of transportation & cargoes at border
pointsInstruction No. 27 of 15 May 2000 --
13. Rules on control over trans-border transportation of hazardous waste and their
rendering, eradication and yellow and green list of wasteCM decree No. 1120 of 13 July 2000 --
Ministry of Ecological Resources - Phytosanitary Control Quarantine Service
Name of legal act Type of legal act No. and year Last amendment
1. On Quarantine of the plants Law No. 3348 of 30 June 1993 No. 367 of 18 June 1997
No. 783 of 30 June 1999
2. On amendments to the other laws in connection to the adoption of the law of
QuarantineLaw No. 4044-XII of
25 February 1994No. 2341 of 5 April 2001
3. On measures concerning prevention of the spread of the sunflower fomopsis CM decree No. 124 of 1 March 1994 No. 451 of 5 July 1994
4. On measures to prevent entry in Ukraine of the corn pests CM decree No. 745 of 18 September 1995 --
5. On accession of Ukraine to the Convention on Establishing of the European &
Mediterranean Plant Protection OrganisationCM decree No. 38 of 27 January 1994 --
6. On prices for inspection of panel paid materials subject to quarantine services CM decree No. 953 of 24 November 1993 No. 441 of 2  March 2000
7. On Statute of the State Quarantine Service of Ukraine CM decree No. 892 of 28 October 1993 --
8. On approval of the rules on phytosanitary control at the State Border of Ukraine Order of Chief State
Inspection on PlantQuarantineNo. 72 of 25 September 1996
No. 754/1779 of27 December 1996--
9. On approval of rules concerning fees and penalties on citizens & public officers who
violated rules of combat with quarantine pests and diseases of plants and weeds andtransportation of materials. Which have not been treated or checked at quarantineOrder of Chief State
Inspection on PlantQuarantineNo. 36 of 15 May 1996
No. 249/1274 of 25 May 1996--WT/ACC/UKR/110/Add.3
Page 16Ministry of Ecological Resources - Phytosanitary Control Quarantine Service
Name of legal act Type of legal act No. and year Last amendment
10. Instructions on finding localisation and eradication of the quarantine weeds Order of Chief State
Inspection on PlantQuarantineNo. 56 of 29 September 1997
No. 474/2278 of14 October 1997--
11. On amendments to the Law of Ukraine on plant quarantine Law No. 704 of 25 June 2001
The Phytosanitary Control Quarantine Service also provided:
- a list of the Subdivisions and Units of the Executive Power which co-ordinate or exercise phytosanitary control at the border p oints (in Ukrainian);
and
- a list of territorial and regional enterprises and organisations which do phytosanitary control at the State border within the area of customs operation
and within free circulation in the internal market (in Ukrainian)
Ministry of Health
Name of legal act Type of legal act No. and year Last amendment
1. Law on sanitary and epidemic safety of the population Law No. 4004 of 24 February 1994 No. 1288 of 14 December 1999
2. On quality and safety of foodstuffs Law No. 771 of 23 December 1997 --
3. Protection of population from infectious diseases Law No. 1645 of 6 April 2000 --
4. On unified fees at the entry points Law No. 2659-III of 12 July 2001 --
5. Rules for sanitary protection of the territory of Ukraine CM decree No. 696 of 24 April 1999 No. 5 of 12 January 2001
6. Rules on border points CM decree No. 1203 0f 3 August 2000 --
7. Rules on state sanitary epid emiological surveillance CM decree No. 1109 of 22 June 1999 --
8. Rules on state tests, state registrations, list of pesticides and agricultural chemicals
permitted for use in UkraineCM decree No. 295 of 4 March 1996 No. 1794 of 7 December 2000
9. Rules on special sanitary quarantine division Order M.H. No. 31 of 23 February 2000 --
10. Rules of State Sanitary Epid emiological Service Order M.H. No. 78 of 18 April 2000 --
11. Rules on expertise Order M.H. No. 247 of 9 October 2000 --
12. Rules on medical sanitary inspection of cargo es in border inspection points Order M.H. Draft
The Ministry of Health also provided:
- a list of the Subdivisions and Units of the Executive Power which co-ordinate or exercise sanitary control at the border points  (in Ukrainian); and
- a list of territorial and regional enterprises and organisations which do sanitary control at the State border within the area of customs operation &
within free circulation in the internal market (in Ukrainian).
Ministry of Agrarian Policy – Department of Veterinary Medicine
Name of legal act Type of legal act No. and year Last amendment
1. Law on Veterinary Medicine Law No. 2498-XII of 25 June 1992 21 December 2000
2. On responsibility of enterprises for violation on the law on veterinary medicine Law No. 568/96 of 5 December 1996 --
3. Some issue of the State Department of Veterinary Medicine CM decree No. 641 of 8 June 2001 --WT/ACC/UKR/110/Add.3
Page 17Ministry of Agrarian Policy – Department of Veterinary Medicine
Name of legal act Type of legal act No. and year Last amendment
4. Rules on Regional Services of veterinary control at the State border and
transportation subordinated to the Department of Veterinary MedicineCM decree No. 264 of 2 March 1998 --
5. Rules on the veterinary points at the state border Order of the State Dept of
Veterinary MedicineNo. 18 of 19 July 1999
No. 520/3813 of 3 August 1999--
6. On approval of veterinary requirements concerning import in Ukraine of cargoes
subject to veterinary control? No. 39 of 20 October 1999
No. 777/4070 of
11 November 199924 January 2001
7. Rules on entry of cargoes subject to veterinary control at the border ? No. 49 of 27 December 1999
No. 9/4230 of 10 January 2000--
8. Rules on issuing veterinary documents to cargoes subject to mandatory veterinary
control? No. 27 of 7 August 1997
No. 326/2130 of 20 August 199719 October 1999
9. Mandatory minimal list of parameters of row materials for products of animal origin
e non animal origin feeds, visits, etc. to issue certificatesOrder of the State
Department of Veterinary
MedicineNo. 16 of 3 November 1998
No. 761/3201 of 30 November 1998--
10. Rules of entry points at the State border CM decree No. 1203 of 3 August 2000 --
11. On urgent measures concerning ensuring stable epizootic situation in Ukraine ? No. 192/2001 of 22 March 2001 --
12. On urgent measures to prevent and eradicate the incidence of BSE and other prionic
diseases in bovines? No. 23 of 12 March 2001
No. 356/5547 of 18 March 20015 September 2001
13. Typical technological scheme of crossing of the border by humans, means of
transportation, etc.Order No. 152/165/130 of 5 March 2001
No. 248/5439 of 19 March 2001--
14. Co-ordination of activity at the border, of executive power bodies and bodies of the
local self governmentsCM decree No. 48 of 18 January 1999 --
15. On quality and safety of foodstuffs Law No. 771/97 of 23 December 1997 13 September 2000
The Ministry of Agricultural Policy also provided:
- a list of the Subdivisions and Units of the Executive Power which co-ordinate or exercise veterinary control at the border poin ts (in Ukrainian); and
- a list of territorial and regional enterprises and organisations which do veterinary control at the State border within the are a of customs operation &
within free circulation in the internal market (in Ukrainian)
The State Custom Service and the State Standard Committee provided further information, available in Ukrainian.WT/ACC/UKR/110/Add.3
Page 18
ANNEX C
Institute of Ecological Hygiene and Toxicology: founded in 1963 it is responsible for
sanitary-epidemiological investigation for all the country, elaboration of laboratory methods (not
always the same as suggested by International Organisations, especially for infant food, pesticides and
additives), elaboration of standard for production and import of foods, issuing of expertise at nationallevel.
To issue an expertise for imported food, the Ministry of Health does not require any
documents from the Official Administration of the exporting county, just submission of
documentation from the producer or the trader. In case the producer asks for expertise, an inspection
in loco could be arranged, for a large amount of product to be imported for a long time.  Expertises
are issued by specialised Sanitary Epidemiological Commissions, 25 at regional level plus 15 in
national Institutes of research. Different commissions can cover the same product (overlapping ofcompetencies).  The Commission can approve or ask for additional expertise, then takes the final
decision.  A register with all the results issued by  the Commission is available at national level. The
average time to complete an expertise is about 30 days (20 for the Commission's work plus six for the
approval process).  The product to be imported has to be accompanied by a copy of the results of the
expertise, which has a validity of up to five years maximum.  At the border, only documents arechecked by Ministry of Health personnel.  At retail level the product is checked at random.
The Standards seem to be the same for national and imported products, and cover: raw
materials, hygiene, finished product, quality/saf ety, transportation, storage, medical control of
workers, animal welfare, and premises.
To start importation, before asking for expertise a contract shall be signed identifying where
goods will be available in Ukraine.
Medical Quarantine Station and Veterinary Border Points: in both of these staff are present
24h/24.  The first one is responsible for document checks, only in the case where documents are not
available, samples are taken and the costs are covered by the owner of goods.
All Veterinary Border Points are authorised to check all kinds of goods, there is no
specialisation.
OIE documentation available. In case of outbreaks of animal disease in other countries,
veterinary measures are reported to be taken in conformity with OIE rules and information.  These
measures are notified at the Embassy of the exporting country both when they are introduced and
when they are removed.
Reference legislation:
- Veterinary requirements concerning import into Ukraine of the shipment subject to
veterinary control (1999);
- Mandatory minimum list of the analysis of raw materials, product of animal and non
animal origin, feed, raw feed, vitamins which are subject for analysis in the State
Laboratories of Veterinary Services and according to which results the veterinary
certificates have to be issued (1998); and
- Law on Veterinary Service (for the list of products to be checked at border points).
Checks:
- Certificate checks (100 per cent);
- Identity checks (10 per cent); andWT/ACC/UKR/110/Add.3
Page 19
- Laboratory tests (100 per cent).
Veterinary Service and Central Veterinary Laboratory: in December 2001 the new Law on
Veterinary Services was signed.  The pyramidal structure includes laboratories at regional and local
level, all accredited according to Ukrainian rules.  A veterinary officer is present full or part time as
necessary in all factories processing foods of animal origin.  In the markets the veterinary service ispresent full time, while sanitary service makes only surveillance.  Here the veterinary service checks
documents (form 2) and makes particular laboratory analysis (trichinellosis, biochemical tests,
radionuclides).
The Central Veterinary Laboratory has the following tasks: development of new
methodologies, evaluation of new equipment, anal ysis of revision, training, data collection and
elaboration, dissemination of information.  The Central Veterinary Laboratory is accredited according
to former Soviet standards, while ISO accreditation is expected in the near future.  Translation intoUkrainian of ISO methods is considered a priority , as well as training of personnel on western
methods.
Sanitary Stations:  responsible for sanitary surveillance according to the Law on human safety
and welfare of population. Surveillance is articulated into three areas:  preventive control, on-going
control, plan of action for epidemic.  Ad hoc surveillance is envisaged for at-risk products.
One of the problems they have to face is street-trade of food.
Preventive control:  for national producers, is as follows:
- information on technologies
- inspection
- detailed commercial plan;
- expertise;
- spot check on the construction of plant;
- approval of beginning of production; and
- inspection and laboratory samples (not compulsory).
On going control (overlapping with Veterinary Service):
- list of people working in the plant and medical personal book;
- list of products; and
- list of raw materials used.WT/ACC/UKR/110/Add.3
Page 20
MINISTRY OF HEALTH
Sanitary Epidemiological Service
Tasks Surveillance
Infection diseases
Occupational healthFood safety
Child and young people health
Environmental health
State Sanitary Doctor
State Sanitary Doctors at
Regional level  (25 + 2)
State Sanitary Doctors at County level (about 550, each one for about 300,000people)State Sanitary
Doctors of transport
routesState Sanitary Doctors o f
nuclear power stations4 National ResearchInstitutesWT/ACC/UKR/110/Add.3
Page 21
VETERINARY SERVICE
Department of Veterinary Medicine
Legislative power, economic activity, control
activity Headed by Chief Veterinary Inspectora
ppointed b y the Cabinet of Ministries
High Epizootic CommissionHeaded by Vice Prime Minister
Deputy Chief Veterinary
Ins
pector
Division of Epizootic
Veterinary and sanitary expertise and quality control
Inspection Division
Control and ins pection functions at national and border points
Administrative Division25 oblast +
2 citiesCentral Veterinary
Laboratory
3 areas of work:
- toxicology
- micotoxine-
biochemistry
7 BIPs
4 airportsWT/ACC/UKR/110/Add.3
Page 22
INSTITUTE OF ECOLOGICAL HYGIENE AND TOXICOLOGY
Founded 1963
Tasks Sanitary epidemiological investigation at national level
Issue of expertise
Elaboration of standards
Elaboration of laboratory methods
Co-ordination of laboratories (ring tests)
Registration of pesticidesPlastic and toxic waste
Toxicology and food additives
Preparation surveillance programme
Confirmation of analysis
Training of personnel
Organisation Department of toxicology
Department of pesticides and hygiene
Department of food toxicology and hygiene
Department of plastic and toxic wasteDepartment of clinic for diseases of chemical aetiology
Staff About 500 workers (250 researchers)
FOOD PROCESSORS LEAGUE
Founded 1999
Tasks Bring products safely and efficiently to market
Influence food laws
Prevent legislative problems and public misconception
Resolve processing, packaging and other technical dilemmas
Handle claims, manage litigation and avoid crisesEnsure regulatory compliance
Accurately interpret food and packaging regulations
Understand and take advantage of changing food technology
Save research money and time
Members 32 in almost all oblasts of Ukraine (producers of dairy products,
confectionery, different type of beverages, canned food)
Address 3, pereulok Babushkina
03190, Kiyv
Ukraine
Tel. /fax 449-0354, 422-0225
e-mail: gennadiy@nac.kiev.uaWT/ACC/UKR/110/Add.3
Page 23
ANNEX D
List of Animals and Products Subject to  Animal Health and Veterinary Public
Health Control on Entering European Union From Third Countries
Directive 72/462/EU as amended:
- Bovine, ovine, caprine and porcine animals;
- Fresh (chilled and frozen) meat of these species; and
- Meat products manufactured from above meat.
Directive 90/426/EU as amended:
- Live equidae including registered horses for competition, those for breeding and
production and those for slaughter in European Union.
Directive 90/539/EU as amended:
- Live poultry and hatching eggs including day old chicks.
Directive 92/118/EU as amended:
- Products of animal origin not dealt with in special European Union rules on animal health
and public health;
- Including for animal health reasons;
- Liquid milk, dried milk and dried milk products not for human consumption;
- Hides and skins of ungulates (un-tanned);
- Pet foods (containing low risk materials);
- Bones and bone products, horns and horn products and hooves and hoof products;
- Processed animal protein (subject to any BSE restrictions in force);
- Blood and blood products of ungulates and poultry;
- Serum from equidae;
- Lard and rendered fats;
- Raw material for manufacture of animal feedstuffs and pharmaceutical or technical
products;
- Rabbit meat and farmed game meat;
- Apiculture products;
- Game trophies of ungulates and birds;
- Manure; and
- Unprocessed wool, hair, bristles, feathers and parts of feathers.
For public Health Reasons:
- Meat products obtained from poultry meat, farmed game meat, wild game meat and rabbit
meat; and
- Gelatine, honey, frogs' legs and snails.
Directive 94/187/EU:
- Animal casings.
Directive 94/435/EU:
- Pig bristles.WT/ACC/UKR/110/Add.3
Page 24
Directive 89/556 as amended:
- Bovine Embryos.
Directive 88/407 as amended:
- Bovine semen
Directive 90/429:
- Porcine Semen
Directive 71/118/EU:
- Public Health aspects of poultry meat.
Directive 91/494/EU:
- Animal health aspects of poultry meat.
Directive 91/493/EU:
- Fish and fishery products.
Directive 91/492/EU:
- Live Bivalve molluscs.
Directive 92/46/EU:
- Raw milk, heat treated milk and milk based products.
Directive 77/99/EU:
- Detection of Trichinella Spriralis in fresh meat at import.  (Inspection and Certification or
freezing option available).
Types and Forms of Control Applicable to the Above List
of Animals and Products
- Live Animals
The principles governing the organisation of Veterinary checks on Animals entering the
European Union from Third Countries are laid down in directive 91/496/EU as amended while
Commission Decision 97/794/EU lays down detailed rules.
The objective is, at European Union level, to have a common organisation of checks at
external frontiers.
For the purpose of this section of the Legislation the following definitions apply:
- "Documentary Check" means verification of the Veterinary Certificates or documents
accompanying an animal;WT/ACC/UKR/110/Add.3
Page 25
- "Identity Check" means verification by visual inspection only for consistency between the
certificates or documents and the animals and for the presence and conformity of the
marks which usr appear on the animal;
- "Physical Checks" means a check of the animal itself, possibly including sampling and
laboratory testing and where appropriate additional checks during quarantine;
- "Importer" means any natural or legal person who presents animals for importation into
European Union;
- "Consignment" means a quantity of animals of the same species, covered by the same
Veterinary Certificate or Document conveyed by the same means of transport and coming
from the same Third country or part thereof; and
- "Border Inspection Post" means any inspection post located in the immediate vicinity of
an external border of one of the Member States and designated and approved by
Community Procedures.
The main elements of rather detailed procedures are:
- Importers must give one day's notice of intention to present to the Veterinary Staff at the
border inspection post (BIP) specific numbers, type and estimated time of arrival of the
animals;
- The animals under official supervision, should be conveyed directly to the BIP or to a
quarantine centre; and
- The animals cannot leave without Veterinary Checks (and payment for same) being made
and a Veterinary Certificate issues.  The original incoming Certificate may be endorsed,
stamped and returned to the Importer.
- Documentary, Identity and Physical checks will be carried out on each consignment of live
animals
Documentary checks concern the validity and authenticity of the accompanying Certificate
and the Transporters written undertaking concerning the route plan to the final destination in respect
of animal welfare considerations.
Identity checks are carried out on each animal but derogations are possible where a large
number of animals are involved.
Physical checks include unloading of Biungul ates and Equidae for inspection.  Clinical
examination shall determine fitness to travel and general well being.  Sampling is undertaken with a
view to checking on compliance with the health requirements as laid down in the accompanying
Veterinary Certificate.  Other samples may be taken by the official veterinarian if he deems itnecessary.  In addition the means of transport must be checked for compliance with Animal Welfare
rules.  Certain animals are exempt from Individual Clinical Examination.
In the cases of animal not satisfying the Community rules and not being admitted, many
options are available to the competent authority.
- Quarantine/Isolation;
- Shelter, feed, water/treatment;
- Re-dispatch where animal health and animal welfare considerations allow;
- Slaughter for human consumption;
- Slaughter for non-human consumption or for destruction; and
- Certificates relating to rejected consignments are stamped as "rejected" in red.
- Animal ProductsWT/ACC/UKR/110/Add.3
Page 26
The principles governing the organisation of Veterinary checks on Animal Products entering
the European Union from Third Countries are laid  down in Directives 93/13/EU and 97/78/EU.  In
addition there are rules concerning transit across the EU (2000/208/EU) and methods of checks for
products destined for Free Zones, Free Warehouses, Customs Warehouses and certain operators
(2000/751/EU).
For the purpose of this section of legislation the following definitions apply:
- "Products" are the animal products and animal by-products covered in European Union
law;
- "Documentary Check" means an examination of the Veterinary Certificate or Document
accompanying the consignment;
- "Identity Check" means a visual examination to ensure that documents tally with the
product itself;
- "Physical Check" means a check on the product itself and may including checks on the
packaging and temperature and also sampling and laboratory testing; and
- "Person responsible for the Load" is the importer while" Border Inspection Post",
"Consignment" and "Import Conditions" are simila r in intent to those in the live animal
section.
The main elements of very Detailed Decisions and Directives are:
- Border Inspection Posts must be approved for Veterinary Checks and must be
constructed, equipped, maintained and operated according to Community Provisions;
- Importers must give advance notice of arrival of products using an official Documentary
to provide all details to the Veterinary Staff;
- Documentary and identity checks must be carried out on each consignment to ensure
credibility of the documents and a matching of the documents and the products.  Official
health marks or stamps identifying the country and establishment of origin must be
examined and verified;
- Detailed rules for physical checks on products are laid down including temperature
requirements as appropriate, conditions of transport and an absence of abnormalities;
- Organoleptic examinations mainly visual must be carried out in principal on 1 per cent of
the items or packages;
- Additional physical and laboratory examinations, as deemed necessary, particularly after
unloading may be carried out;
- Confirmation of a satisfactory outcome to the series of checks shall be a resealing and
placing of an official stamp on packages handled and resealing of containers opened
together with endorsement of the documents;
- Detailed rules are also laid down in respect of laboratory testing of products in particular
to detect residues, pathogenic organisms or other substances dangerous to humans,
animals or the environment;
- Plant products such as hay and straw are restricted for import to a certain list of countries
or parts thereof;
- More latterly import checks and controls are assisted by a computerised data base known
as shift which allows the veterinary staff to source information on the Third Country of
source of the products and the identity of the establishment of origin;
- When the consignment complies with the im port conditions trade can be commenced in
the products after the original documents suitably endorsed are returned to the personconcerned and a Certificate is issues by the official Veterinarian, without prejudice to any
general customs regulations in place and a guarantee of payment of fees for the
inspections;
- Communication to places of final destination are maintained by the computerised data
base system known as Animo which operates within the community;WT/ACC/UKR/110/Add.3
Page 27
- Derogations involving loss frequent or intense physical checks are possible in the light of
the results of previous checks;
- Redispatching or Destruction of the consignment or its use for other purposes may be
ordered when the product does not meet the import conditions or where irregularities
occur; and
- Safeguard provisions can be applied in the case of notification of serious animal diseases
including Zoonoses which occur in the Third Country of origin of the product.  These can
be temporary or permanent prohibitions depending on the disease situation, its
significance and its evolution.WT/ACC/UKR/110/Add.3
Page 28
ANNEX E
Decree of the President of Ukraine No.104/2002 of  5 February 2002 "On the Program of Measures on
Completion of Ukraine's Accession to the World Trade Organization"
With a view to facilitate Ukraine's accession to the World Trade Organization, coordination
of activity of the executive bodies in this area I decree:
- To Approve the Program of Measures on Completion of Ukraine's Accession to the
World Trade Organization (attached); and
- To empower the Cabinet of Ministers of Ukraine with controlling the implementation of
the noted program.
The President of Ukraine
L. KuchmaWT/ACC/UKR/110/Add.3
Page 29
APPROVED BY
Decree of the President of Ukraine No.104/2002 of 5 February 2002
Program of Measures on Completion of Ukraine's Accession to the World Trade Organization
The World Trade Organization sets forth the rules for multilateral trading system in the world.
Its norms and principles regulate more than 92 per cent of world trade.  The WTO comprises142 member-states and a number of observer states including both applying countries and
international financial institutions and groups.
The multilateral trade system is a reliable safeguard for the protection of exporters' interests in
the markets of WTO member-states.  The existence of such system is in the interest of governments of
both developed and developing countries pursuing sustainable market-oriented policies by openingtheir markets.
Ukraine launched the process of accession to GATT/WTO in 1994.
As of the end of 2001, eight meetings of the Wo rking Party on the Consideration of Ukraine's
Application for WTO Accession (further on - Working Party) have taken place, the last of which was
held on June 13-14 of 2001.
Ukraine is in the process of bilateral negotiations on access to goods and services markets,
one of the key components of acquiring WTO membership, with 24 countries members of the
Working Party.
Bilateral protocols have been signed with Mexico, New Zealand and Uruguay.
Understandings in principle on access to goods and services markets has been reached with a number
of the Working Party members.
The key stages of accomplishing the WTO accession process are:
- signing of protocols on goods and services market access with member states of the
Working Party;
- undertaking by Ukraine of the obligations on transformation of the state support to
agriculture in line with WTO requirements; and
- harmonization of the national legislation with norms and requirements of WTO.
This program sets forth the ways for effective fulfillment of tasks on accelerating the
acquisition by Ukraine of WTO membership. Implementation of measures provided for in its sections
will allow Ukraine to:
- finish the bilateral negotiations in the scope of Working Party on Ukrainian goods and
services markets access and to sign bilateral protocols;
- ensure the harmonization of national legislation with norms and requirements of WTO
agreements, determine the scope of obligations, that will be incorporated into a Draft
Protocol of Ukraine's Accession to WTO; and
- prepare and submit to the member states of the Working Party a Draft Protocol on
Ukraine's Accession WTO.WT/ACC/UKR/110/Add.3
Page 30
1. Economic Forces of Ukraine's Accession to WTO
As proved by the pace of economic development of countries, including the recently acceded
to WTO states of Central and Eastern Europe, WTO membership will result in the following
economic benefits for Ukraine:
- improvement of conditions for access of Ukrainian producers and exporters to the main
international markets;
- liberalization of trade regime between Ukraine and the European Union, initiation of
negotiations on concluding a Free Trade Agreement between Ukraine and the European
Union;
- reduction of tariff and non-tariff restrictions on exports to the European Union of
Ukrainian goods - metal, textiles and clothes;
- obtaining an opportunity to protect national producers in antidumping, special
investigations within the WTO trade disputes settlement procedure;
- prevention of trade and economic isolation of Ukraine from the states of Central and
Western Europe, as well as from the states of Eastern Europe and the Baltic states; and
- development of effective protection system of national producers against unfair
competition from imports.
2. Goal and Tasks of the Program
The Program aims to create and implement the conditions for completing corresponding
negotiations towards Ukraine's accession to the World Trade Organization.
To achieve the set goal, the Program provides for completing the following tasks:
- ensuring coordination of measures of ministries and other central bodies of executive
power, related to completion of the process of acquiring the WTO membership by
Ukraine, which presupposes, first of all, achieving a common coordinated position as to
the tariff policy, liberalization of access of foreign businesses to Ukraine's services
market, gradual transformation of state support of agriculture in compliance to the WTO
requirements;
- conducting a complex analysis of legislation and draft laws on conformity with norms
and requirements of the WTO, and harmonization of legislation with requirements of the
system of WTO agreements; and
- forecasting possible consequences of accession of Ukraine to the WTO, development  and
implementation of measures to increase the competitiveness of industries that may benegatively influenced following Ukraine's accession to the WTO.
3. Legislative Support of Ukraine's Accession to WTO
One of the main components of the process of Ukraine's accession to the WTO is
harmonization of national legislation with norms and requirements of WTO agreements.
Legislative support of this process provides  for immediate adoption of Laws of Ukraine
aimed at bringing national trade legislation into conformity with norms and requirements of WTO
agreements, and meeting obligations, assumed by the Ukrainian side before member-states of the
Working Party, particularly:
- the Tax Code of Ukraine;
- the law on amending the Law of Ukraine "On Television and Radio Broadcasting" on
increasing the size of foreign investments, allowable in the statutory funds of TV and
radio organizations of Ukraine;WT/ACC/UKR/110/Add.3
Page 31
- the law on amending the Law of Ukraine "On State Regulation of Import of Agricultural
Products" as to elimination of quantitative restrictions of import of cattle breeding
products; and
- the law on amending the Law of Ukraine "On Quality and Safety of Foodstuffs and Food
Raw Materials" as to bringing national legislation into conformity with internationalrequirements and standards, and with the European Union directives in the area of
regulation of quality and safety of foodstuffs and food raw materials.
Drafts of these laws were developed in the light of principal requirements of the Uruguay
Round agreements of multilateral negotiations – General Agreement on Tariffs and Trade of 1994,
TRIPS Agreement, TRIMS Agreement, Agreement on application of Article VII of the GATT,Agreement on Sanitary and Phytosanitary Measures, Agreement on Agriculture, General Agreement
on Trade in Services.  The Cabinet of Ministers of Ukraine, ministries, and other central bodies of
executive power shall take measures to accelerate the adoption of these laws.
The Cabinet of Ministers shall ensure the elimination of non-compliance of other legislative
acts with norms and requirements of WTO agr eements, for the purpose of which it shall:
- resolve the issue on elimination of the requirement for a six-month break after expiry of a
four-year period of a permanent foreigners' stay in Ukraine to renew their professional
activity.
- Deadline – first quarter of 2002
- develop and introduce the following draft laws into the Verkhovna Rada according to the
established procedure:
- on amending the laws of Ukraine on introduction of the conformity assessment
procedure with respect to products, imported into Ukraine pursuant to the
requirements of Agreement on Technical Barriers to Trade; and
- on amending the laws of Ukraine "On Ensuring Sanitary and Epidemic Safety of
Population", "On Quality and Safety of Foodstuffs and Food Raw Materials", "On
Safeguard Against Infectious Diseases", "On Pesticides and Agrochemicals", "OnBee-Farming", "On Quarantine of Plants", "On Flora", "On Seeds" so as to bring
them into conformity with international standards in sanitary and phytosanitary areas.
- Deadline – first quarter of 2002
- on amending the Law of Ukraine "On Information Agencies" as to cancellation of
restrictions for foreign citizens and legal entities of foreign states to establish informationagencies, restrictions as to the size of foreign investments in authorized funds of such
agencies;
- on amending the Law of Ukraine "On Banks and Banking Activity" as to granting foreign
banks the right to establish branches on the territory of Ukraine; and
- on amending the Law of Ukraine "On Stimulation of Agriculture Development for the
Period of 2001-2004" as to cancellation of the requirement of obligatory use by tobacco
products manufacturers of tobacco raw materials grown and fermented in Ukraine.
- Deadline – second quarter of 2002
- on amending the Law of Ukraine "On Power Engineering" as to cancellation of priority of
local producers while conducting tenders on equipping power engineering enterprises;
- on amending the Law of Ukraine "On Advocacy" as to cancellation of the requirement to
be a citizen of Ukraine to be able to practice lawyer's activity; andWT/ACC/UKR/110/Add.3
Page 32
- on amending the Law of Ukraine "On Foreign Economic Activity" as to identification of
the import licensing procedure, taking into consideration application of mechanisms of
automatic and non-automatic licensing, deadlines for consideration of applications to
obtain licenses, the mechanism of informing foreign states on the licensing procedure.
- Deadline – third quarter of 2002
- ensure the promotion of the draft laws indicated above during their consideration in the
Parliament.
- Permanently, until adoption of corresponding laws
- ensure the promotion accompanying during consideration in the Parliament of the draft
law on amending the Law of Ukraine "On Auditing Activity" as to cancellation of therequirement to be a citizen of Ukraine to be able to practice auditing activity.
- Permanently, until adoption of corresponding laws
- Ministries and other central bodies of executive power shall conduct a complex analysis
of legislation in the areas, regulated by WTO agreements, prepare tables of conformity of
Ukrainian legislation to WTO norms and requirements:
In the area of protection of intellectual property – by the Ministry of Education and Science of
Ukraine, the Ministry of Justice of Ukraine:
- Deadline – first quarter of 2002
- in customs area – by the State Customs Serv ice of Ukraine, the Ministry of Economy and
European Integration of Ukraine, the State Committee of Standardization, Metrology and
Certification of Ukraine;
- in the area of non-tariff regulation – by the Ministry of Economy and European
Integration of Ukraine, the Ministry of Agrarian Policy of Ukraine, the Ministry of Health
Protection of Ukraine, the Ministry of Industrial Policy of Ukraine, the Ministry of
Finance of Ukraine, the State Customs Service of Ukraine, the Ministry of Justice of
Ukraine, the State Committee of Ukraine for Regulatory Policy and Entrepreneurship, the
Ministry of Foreign Affairs of Ukraine with participation of the National Bank ofUkraine;
- in the area of investment – by the Ministry of Industrial Policy of Ukraine, the Ministry of
Justice of Ukraine, the Ministry of Economy and European Integration of Ukraine, the
Antimonopoly Committee of Ukraine, the Ministry of Fuel and Energy of Ukraine, the
Ministry of Transport of Ukraine, the Mini stry of Agrarian Policy of Ukraine; and
- in the area of agriculture – by the Ministry of Agrarian Policy of Ukraine, the Ministry of
Health Protection of Ukraine, the Ministry of Economy and European Integration of
Ukraine, the State Committee of Standardization, Metrology and Certification of Ukraine.
- Deadline – second quarter of 2002
- in the area of taxation – by the Ministry of Finance of Ukraine, the State Tax
Administration of Ukraine;
- in the area of sanitary and phytosanitary measures – by the Ministry of Agrarian Policy of
Ukraine, the Ministry of Health Protection of Ukraine, the State Committee of
Standardization, Metrology a nd Certification of Ukraine;
- in the area of services – by the Ministry of Finance of Ukraine, the State Committee of
Informational Policy, Television and Radio Broadcasting, the Ministry of Transport ofWT/ACC/UKR/110/Add.3
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Ukraine, the State Committee of Communication and Informatization of Ukraine, the
Ministry of Health Protection of Ukraine with participation of the National Bank of
Ukraine; and
- in the area of technical barriers to trade – by the State Committee of Standardization,
Metrology and Certification of Ukraine,  the Mi nistry of Agrarian Policy of Ukraine, the
Ministry of Health Protection of Ukraine, the Ministry of Industrial Policy of Ukraine, the
Ministry of Transport of Ukraine.
- Deadline – third quarter of 2002
- On the basis of the prepared comparative tables of conformity of Ukrainian legislation to
norms and requirements of WTO agreements the Cabinet of Ministers shall ensure thedevelopment of drafts and adoption according to the established procedure of
corresponding legislative acts, submit according to the established procedure for
consideration by the Verkhovna Rada draft laws on ultimate elimination of non-
conformity of laws of Ukraine with WTO requirements:
In the area of protection of intellectual property rights:
- Deadline – second quarter of 2002
- in customs area;
- in the area of non-tariff regulation;
- in the area of investment; and
- in the area of agriculture.
- Deadline – third quarter of 2002
- in the area of taxation;
- in the area of sanitary and phytosanitary measures;
- in the area of services; and
- in the area of technical barriers to trade.
- Deadline – fourth quarter of 2002
- Another direction of activity towards harmonization of legislation with WTO norms and
requirements is the carrying out of a number of measures aimed at improving the
mechanism of implementation of corresponding legislative acts. The Cabinet of Ministers
of Ukraine shall ensure the carrying out of the following measures in this respect:
In the area of technical regulation of trade:
- on including in the draft Plan of state standardization for 2002 of tasks on development of
drafts of at least 500 standards, harmonized with international and European standards.
- Deadline – first quarter 2002
- on approving the technical regulations on conformity assessment on the basis of the
European Union New Approach directives:
- "On Electromagnetic Compatibility";
- "On Safety of the Low Voltage Equipment";
- "On Safety of Toys";WT/ACC/UKR/110/Add.3
Page 34
- "On Modules of the Conformity Assessment Used in Technical Directives on
Harmonization and Procedures for Marking and Utilization of the CE Compatibility";
- "On Safety of Plain Utensils with High Voltage";
- "On Safety of Elevators";
- "On Non-Automatic Weighting Devices";
- "On Gas Equipment Safety";
- "On Safety of Water Heating Furnaces";
- "On Safety of Refrigerants"; and
- "On Safety of Equipment Operating under Pressure".
- Deadline – first half of 2002
- on development of five technical regulations on conformity assessment.
- Deadline – first half of 2002
- on approving five technical regulations on conformity assessment and development of six
technical regulation on conformity assessment.
- Deadline – second half of 2002
In the area of protection of intellectual property:
- on establishing minimal rates of author reward to stage managers for public performance
of works of art, created specially for stage performance, producers for public
demonstration of an audiovisual work, and reward to producers and performers of
phonograms and videograms for the use of objects of related rights.
- Deadline – February 2002
In the area of sanitary and phytosanitary measures:
- on amendment of the list of food additives allowed for use in food products, approved by
the Resolution of the Cabinet of Ministers of Ukraine No.12 of 4 January 1999, with a
view of harmonizing it with the International requirements and standards, the European
Union directives in the area of regulation of quality and safety of food products and food
raw materials.
- Deadline - May 2002
- A scope of obligations, implementation of which will be provided for by the draft
Protocol on accession to the WTO, and which will be an integral part of the Protocol shall
be approved in the Working Party within the fourth quarter of 2002.
In order to track discrepancies of Ukrainian legislation with norms and requirements of WTO
agreements, and to prevent new discrepancies, it is appropriate to conduct permanent analysis of
legislation to be adopted. Such permanent monitoring of conformity of Ukrainian legislation with
WTO norms and requirements should be also carried out after Ukraine's accession to the WTO.
4. Ensuring Balanced Access to Goods Markets
The principal issue for completion of negotiations on access to market of goods is the
coordination of tariff concessions with member-states of the Working Party.  Out of 42 member-states
of the Working Party, 24 provided their requests concerning tariff concessions for over 5,000WT/ACC/UKR/110/Add.3
Page 35
commodities.  At present, agreement in the course of negotiations was achieved on 80 per cent of the
total number of commodities.
In June 2001 Ukraine submitted to the members of the Working Party the information on the
results of negotiations as of 1 June 2001.  As a next step, Ukraine is planning to submit to the WTO
members a revised consolidated Tariff Offer, which will be based on the initial offer and on theresults of negotiations up to the moment of submitting the Offer.
Tariff concessions for products, in which WTO member states are interested, shall be
provided in accordance with the Concept Paper on the Transformation of the Customs Tariff of
Ukraine for 1996-2005 in compliance with the GATT/WTO system, approved by the Order of the
President of Ukraine No. 255 dated 6 April 1996.  Presently, about 80 per cent of import duty rates donot exceed the margin levels, established by the Concept Paper, about 64 per cent of those are lower
than the margin levels, and about 15.5 per cent correspond to them.
Seeking to speed up negotiations on access of imported goods to the Ukrainian national
market, Ukraine has expressed its commitment to join  16 of the total of 19 sectoral agreements and
initiatives proposed by the US, Canada, the EU and Japan with respect to industrial goods.
Ukraine is planning to join the following sectoral agreements and initiatives:
- chemical harmonization, steel, toys, wood, textile and clothes, non-ferrous metals,
pharmaceuticals, information technologies in 2004;
- paper, agricultural machinery, furniture in 2005;
- scientific equipment, construction equipment, medical equipment in 2006; and
- civil aircraft in 2010.
Ukraine is also planning to join the sectoral agreement on distilled spirits (three years after
accession to the WTO), beer, oil crop seeds, and fish.
To complete bilateral negotiations on access of goods to the Ukrainian market with member-
states of the Working Party, the Cabinet of Ministers of Ukraine has to ensure:
- approval within 2002 of the plan of measures on conducting the next round of
negotiations by the results of each round of bilateral negotiations on access to goods andservices markets of Ukraine with member states of the Working Party; and
- submission of the draft law on amending the Law of Ukraine "On the Customs Tariff of
Ukraine" and ensuring the promotion of the draft during its consideration in the
Parliament in accordance with the results of bilateral negotiations with member-states of
the Working Party on the access to goods market.
Implementation of commitments envisaged by this section of the Program will make it
possible to complete bilateral negotiations and sign bilateral protocols on the access to goods market
with member-states of the Working Party.
5. Ensuring of Balanced Access to Service Market
Negotiations on a guaranteed access to Ukraine's service market by WTO member-states are
held according to the schedule of obligations on liberalization in the sector of services and the list of
exemptions from the most-favored nation treatment.   A draft of such schedule contains commitments
in 139 service subsectors (of the total of possible 155).
By now commitments are agreed in such sectors of the service market as legal, IT, research,
rent and leasing, construction, distribution, education, environment protection, tourism and recreation,WT/ACC/UKR/110/Add.3
Page 36
culture and sport.  Legislative regulation of activity in these service sectors secures an inflow of
investments and the provision of services by foreign suppliers within the territory of Ukraine.
The following sectors require further discussion with WTO members: insurance, banking,
telecommunications, postal, transportation and health care.
In the course of bilateral negotiations with member-states of the Working Party on access to
services market it is necessary to agree upon conditions of liberalization of access of foreign service
providers to national market, particularly to financial service market, communication and
telecommunication services, relocation services for physical persons.
To this end the Cabinet of Ministers of Ukraine shall ensure:
- development of final edition of Ukraine's commitments on access to its national services
market;
- gradual liberalization of access to services market with consideration of commitments of
Ukraine related to accession to the WTO.
Conducting measures, envisaged by this section of the Program will make it possible to sign
bilateral protocols on access to services market with member-states of the Working Party; ensuring asubstantiated approach to liberalization of access to services market will create conditions for an
increase in the volume of foreign investments by 2.5-3 times.
6. Transformation of State Support to Agriculture
According to the Agreement on Agriculture, in ternal support, provided to agricultural
producers should be regulated by WTO rules.
In accordance with WTO requirements transformation of the state support to agriculture is to
ensure its step-by-step downsizing through assuming commitment as to reducing the domesticsupport, which effects negatively trade or production, especially as the result of providing price
supports to producers.
Throughout the period of accession to the WTO Ukraine has significantly reduced the use of
state budget funds for the purposes of price supports of agricultural producers, and since early 2000
the practice of providing agricultural producers with material and technical resources wasdiscontinued.
The new round of WTO negotiations, launched by the conference of WTO ministries in
Doha, Qatar (9-13 November 2001), envisages that negotiations on trading agricultural products
should be aimed at liberalization of access to markets, reduction – with the purpose of gradual
elimination - of all forms of export subsidies, and significant reduction of state support.
The completion of the process of Ukraine's accession to WTO depends greatly on the final
agreement as to the level of the state support to agriculture, shaping up the definitive position with
respect to commitments in reduction of domestic support to agriculture, as well as in adhering to a
principle, according to which the general level of support measures that will be subject to
commitment as to their reduction, cannot be increased. Performance of assumed obligations must besupported through creation of a market-oriented system of agricultural trading.
For Ukraine as a traditional exporter of agricultural products negotiations on discontinuing
export subsidizing issues and the state support in the agricultural sector will be of particular
importance.WT/ACC/UKR/110/Add.3
Page 37
According to WTO, requirements providing for state support should not adversely influence
competition in trade.
The Ministry of Agricultural Policy must finally agree upon the level of the general measure
of the domestic support to agriculture and shape up a commitment with respect to its downsizing.
The Cabinet of Ministers must ensure performing within the second quarter of 2002 of the
analysis of conformity of the agriculture support system to WTO requirements and, if necessary,
development and implementation of corresponding proposals as to harmonization of such system.
Implementation of assignments of this section of the Program will make it possible to
complete bilateral negotiations with member-states of the Working Party as to transformation of the
state support of agriculture.
7. Mobilizing and Implementing International Technical Assistance to Ukraine's Accession to
the WTO
The process of Ukraine's accession to WTO requires the involvement of Ukrainian and
foreign experts in the preparation of economically grounded positions for the negotiations, review and
development of proposals pertaining to the harmonization of national laws.
In order to avoid involvement and implementa tion of the international technical assistance
projects in trade which are inconsistent with Ukraine's needs and fail to achieve concrete results or
duplicate other projects, the Cabinet of Ministers of Ukraine shall put into practice the improvement
of a mechanism for coordinating the international te chnical assistance rendered to Ukraine in order to
facilitate the process of WTO accession.  In 2002 such assistance should be directed at:
- providing for expert-analytical support of the Ukraine's WTO accession process;
- informational support of Ukraine's accession to the WTO;
- organizational support of Ukraine's accession to the WTO; and
- training of specialists on the issues of accession to and functioning of the WTO.
8. Program Funding
The Program is financed with state funds allocated for supporting the operation of respective
ministries and other central bodies of executive power.
The expert, analytical and organizational support to the process of Ukraine's accession to
WTO is also funded through the involvem ent of international technical assistance.
Head of the Administration of the President of Ukraine
V. Lytvyn
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