RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/UKR/101/Rev.2
27 March 2003
(03-1759)
Working Party on the
Accession of UkraineOriginal:  English
ACCESSION OF UKRAINE
Check-list of Illustrative Sanitary and Phytosanitary Issues
Revision
The Governmental Commission on Ukraine's Accession to the WTO has submitted the
following revised information with the request that it be circulated to members of the Working Party.
_______________WT/ACC/UKR/101/Rev.2
Page 2
A. CHECKLIST OF ILLUSTRATIVE SPS ISSUES FOR CONSIDERATION IN
ACCESSIONS
1. Standstill: the introduction of new standards,  animal health regulations and food safety
regulations shall conform to SPS Agreement principles.  (Generally agreed principle in
WTO accession negotiations.)
Not addressed directly in current legislation.
Deviation from the "standstill rule" and application of standards and rules regulating human
and animal life and health and the safety of plants that are more strict that the current ones, can only
take place under extraordinary circumstances (Law "On the Sanitary and Epidemic Safety of the
Population" No. 4004-XII, dated 24 February 1994, Articles 30, 42).
In the formulation, development and application of veterinary, sanitary and quarantine
measures to protect the territory of Ukraine from harmful organisms, and dangerous pathogenicorganisms, Main State Quarantine Inspection of Ukraine and the State Department of Veterinary
Medicines use the international standards of phytosanitary measures, the international data bank
(European and Mediterranean Plant Protection Organization www.eppo.org) and the requirements of
the International Office of Epizootics (IOE).
2. Establishment and operation of a single Contact Point for Information ("enquiry
point").  (Article 7 and Annex B.3).
A single enquiry point will be established in 2003, as provided in the Plan of Measures to
resolve Matters of Sanitary and Phytosanitary Control in Ukraine, in particular at the State Border, as
approved by an Instruction of the Cabinet of Ministers of Ukraine, dated 31 August 2001, to
No. 129-sk/10.
As of 20 March 2003, there is an "Information Center on Sanitary Measures" created at the
web-page of the Ministry of Health Protection ( www.moz.gov.ua ).
3. Transparency: notification and access to documentation (Articles 7 and Annex B, Also
G/SPS/7).
All ministry rules and regulations in the area of sanitary and phytosanitary measures are
subject to state registration with the Ukrainian Ministry of Justice and are entered into the Uniform
State Registry of Ministry Rules and Procedures and are available to the public. (See Resolution
No. 376 of the Cabinet of Ministers of Ukraine,  dated 23 April 2001). Sanitary norms are also
published in the "Collection of Important Official Materials on Sanitary and Epidemiological
Matters", issued by the Ministry of Health Protection.  Till the end of 2003 they will be placed at the
Ministry’s web-page.
"The Action Plan for the Resolution of Issues of Sanitary and Phytosanitary Control in
Ukraine, in Particular at the State Border" envisages the establishment in 2002 of databases for the
information support of central government authorities and their information and analysis services, in
order to verify that the control have indeed taken place:
− registration of pesticides and agrochemicals, and of the positive conclusions of the state
sanitary and epidemiological expertise, etc.;
− registration of food products, food raw materials, related materials, and of the positive
conclusions of the state sanitary and hygienic expertise; andWT/ACC/UKR/101/Rev.2
Page 3
− Sections 2, 16, 17, 18 and 19 of the Procedures for Maintaining the Single State Register
of Normative Acts and Use Thereof Approved by Resolution of the Cabinet of Ministers
No. 376, dated 23 April 2001 "On the Approval  of the Procedures for Maintaining the
Single State Register of Normative Acts and Use Thereof".
As of 20 March 2003, there is an "Information Center on Sanitary Measures" created at the
web-page of the Ministry of Health Protection (www.moz.gov.ua).
(a) identification of authority responsible for making notifications to the WTO and
ensuring transparency obligations are me t on an ongoing basis (Annex B.5.(b) and
Annex B.10)
The authority responsible for making notifications to the WTO and ensuring that transparency
obligations are met on an ongoing basis will be designated before Ukraine’s accession to the WTO.
At present the Ministry of Agricultural Policy of Ukraine through its subordinate
organizations (Main State Quarantine Inspection and the State Department of Veterinary Medicine)
supplies the relevant international organizations with information on the changes in veterinary and
phytosanitary measures.
(b) establish guidance or law requiring publication of proposed measures at an early stage
for comment (Annex B.5(a)).
Point 10 of the Regulation on the Procedure of Preparation of Draft Regulatory Rules
(approved by Resolution No. 1182 of the Cabinet of Ministers of Ukraine, dated 31 July 2000, "On
the Approval of the Regulation on the Procedure of Preparation of Draft Regulatory Rules") provides
for the conduct of public discussions of draft regulatory rules within a period not exceeding 20 days
from their first publication, and for the consideration of proposals relating to such drafts.
(c) provision in law or administrative procedure to provide copies of proposed measures to
WTO Members (Annex B.5.(c)).
Provisions, whereby WTO Members shall be obligatorily provided with copies of documents
regarding proposed measures, will be made in the national law before Ukraine’s accession to the
WTO.
(d) require in law or administrative procedu re, a reasonable period of time for comment
from Members and the public, and establishment of a process to take comments into
account without discrimination (Annex B.5(d)).
Requirements on the non-discrimination by the regulating authority in the consideration of
comments are established in Resolution No. 1182, dated 31 July 2000 "On the Approval of the
Regulation On the Procedure of Preparation of Draft Regulatory Acts".
4. Necessity: measures are applied only to the extent necessary to protect human, animal
or plant health (Article 2.2)
Articles 1 and 9 of the Law of Ukraine "On Ensuring of Sanitary and Epidemic Safety of the
Population" No. 4004-XII dated 24 February 1994, Article 3 of the Law of Ukraine "On Quality and
Safety of Food Products and Food Raw Materials" No. 771/97-VR dated 23 December 1997 and the
Preamble of the Law of Ukraine "On Protection of the Population against Infectious Diseases"No. 1645-III dated 6 April 2000 provide for the application of sanitary and phytosanitary measures
only to the extent necessary to protect human, animal or plant health.WT/ACC/UKR/101/Rev.2
Page 4
5. Regulations Based on Science: regulations governing animal and plant health and food
safety shall be based on scientific evidence (Articles 2.2, 3.3 and 5.2)
Articles 9 and 36 of the Law of Ukraine "On Ensuring  Sanitary and Epidemic Safety of the
Population" No. 4004-XII dated 24 February 1994; Articles 1 of the Draft Law "On the Amendment
of Certain Laws on Veterinary Medicine" No. 7352; Article 1 of the Law of Ukraine "On Quality and
Safety of Food and Food Raw Materials" No. 771/97 dated 23 December 1997 provide for the
conduct of hygiene regulation, i.e. scientific justification of regulations and norms on safe use of
dangerous factors, (Article 9), and scientific justification of sanitary and anti-epidemic measures
(Article 36)
6. Harmonization: to the extent possible, members shall follow international standards,
guidelines, and recommendations in establis hing SPS measures (6. Articles 3.1, 3.3 and
3.4)
In the formulation, development and application of veterinary and quarantine measures the
relevant authorities use the international standards of phytosanitary measures and the international
data bank (European and Mediterranean Plant Protection Organization www.eppo.org ) and the
requirements of the International Office of Epizootics (IOE).
See also Article 50, 51 of the Law "On the Sanitary and Epidemic Safety of the Population"
No. 4004-XII, dated 24 February 1994; Article 23 of  the Law of "On Quality and Safety of Food
Products and Food Raw Materials"; Articles 1 and 32 of the Draft Law "On the Amendment of
Certain Laws On Veterinary Medicine" No. 2775 dated 15 November 2001.
7. Equivalence: members shall recognize different measures that achieve the same level of
protection (Article 4)
Article 23 of the Law of Ukraine "On Quality and Safety of Food Products and Food Raw
Materials" No. 771/97-VR, dated 23 December 1997; Article 13, Paragraph 8, of the Draft Law "On
the Amendment of Certain Laws On Veterinary Medicine" No. 7352.
8. Risk Assessment: developing scientific evidence and conducting risk assessments to
ensure that measures are based on science and applied only to the extent necessary toprotect health (Article 5.1, 5.2 and 5.3)
Articles 9, 10 and 36 of the Law of Ukraine "On Ensuring of Sanitary and Epidemic Safety of
the Population" No. 4004-X ІІ, dated 24 February 1994, deal with the identification of factors
dangerous to human health on the basis of scientific evidence.
Article 1 of the Law of Ukraine "On Quality and Safety of Food and Food Raw Materials" is
supplemented with the provision on scientific substantiation of the data on content in products
(residues level) of components or substances harmful for human health and life. It meets therequirements of the Agreement "On the Application of Sanitary and Phytosanitary Measures".  (The
Law of Ukraine "On Amendment of the Law of Ukraine "On Quality and Safety of Food and Food
Raw Materials" No. 191-IV dated 24 October 2002).
9. Regional conditions: measures take into acco unt the regional characteristics both of the
areas from which products originate and the a reas for which they are destined (Article 6
and Annexes A.6 and A.7)WT/ACC/UKR/101/Rev.2
Page 5
The regional characteristics both of the areas from which products originate and the areas for
which they are destined for purposes of determinin g the adequate level of sanitary and phytosanitary
protection will be taken into account before Ukraine’s accession to the WTO.
10. Non-discrimination: measures do not arbitrarily or unjustifiably discriminate between
different members or between domestic and foreign suppliers (Article 2.3, andAnnex C.1(a) and (d))
Article 16 of the Law of Ukraine "On Ensuring of Sanitary and Epidemic Safety of the
Population" No. 4004-X ІІ, dated 24 February 1994", envisages that the same safety requirements to
the health and life of people, procedures of verification, expertise, permit granting, procedures of
establishing sanitary and epidemic regulations are applied to the goods, products and raw materials
originating on the territory of Ukraine as well as goods, products and raw materials imported to
Ukraine.
Law of Ukraine No. 1212- ХІV provides that, for residents, the amounts of fees, which are
collected at points of entry at the State border of Ukraine at the time of importation of agricultural
products, are equivalent to any fees that are collected from non-Ukrainian residents.  Fees for the
conduct of customs, sanitary, veterinary, phytosanitary, radiology and environmental control pursuant
to Ukrainian law may not exceed the costs related to the conduct of such control.
11. Control, inspection and approval procedures : ensure that procedures, including systems
for approval of the use of additives or for establishing tolerances for contaminants in
foods, beverages or foodstuffs comply wi th the Agreement (Article 8 and Annex C)
Provisional Procedures for the State Sanitary and Hygienic Expertise (approved by Order of
the Ministry of Health No. 247, dated 19 October 2001).
Law of Ukraine "On Ensuring Sanitary and Epidemic Safety of the Population" No. 4004-XII
dated 24 February 1994, Articles 10, 11, 16, 17, 43.
Law of Ukraine "On Quality and Safety of Food Products and Food Raw Materials"
No. 771/97-VR, dated 23 December 1997, Article 4.
Regulation On the State Sanitary and Epidemic Supervision in Ukraine (approved by
Resolution of the Cabinet of Ministers No. 1109, dated 22 June 1999), paragraph 2 of item 3.
Draft Law "On Amendment of the Law "On Quality and Safety of Food Products and Food
Raw Materials" (is being approved by the relevant ministries and agencies).
The requirements of the SPS Agreement, Anne x C, section 1 (h) will be reflected in
Ukrainian national legislation at the time of Ukraine's accession to WTO.
At the moment of the Ukraine's accession to WTO the domestic legislation will provide for
the application of the relevant international standard as the basis for the access until the final decisionis made on the use of food additives and the permitted level of contaminants in food products,
beverages or animal feed.
The requirements of the SPS Agreement, Annex C, section 2 will be complied with in the
national legislation at the time of Ukraine's accession to WTO.
__________