RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/UKR/64
23 July 1999
(99-3108)
Working Party on the
Accession of UkraineOriginal:  English
ACCESSION OF UKRAINE
Memorandum on Technical Barriers to Trade
The following information concerning the technical barriers to trade in Ukraine has been
received from the Governmental Commission on Ukraine's Accession to WTO.
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This document contains information on technical barriers to trade (TBT) which are currently
in force in Ukraine.
 Labelling requirements are checked by :
(a) the customs service - when products are imported into the customs territory of
Ukraine;
(b) a certification body - during certification;
(c) Derzhspozhyvzakhyst Ukrainy (the St ate Agency of Ukraine for Protection of
Consumers) - when products are sold.
Labeling requirements for food products are established by Article 7 of the Law of Ukraine
“On the Quality and Safety of Food Products and Food Raw Materials”, No.771/97, of
23 December 1997. Translation of the label may be acceptable if it complies with provisions of this
article.
Resolution of the Cabinet of Ministers of Ukraine “On the Gradual Introduction in Ukraine of
European Union Directives, Sanitary, Ecological, Veterinary and Phytosanitary Rules, and
International and European Standards”, No.244, of 19 March 1997, providing for the enactment of 25
laws is being implemented today as follows:
- the Law “On the Quality and Safety of Food Products and Food Raw Materials”,
No.771/97, of 23 December 1997, is already in force;
- a Draft Law “On the Responsibility of Suppliers for Production and Selling of
Substandard and Hazardous Products”, prepared by Derzhstandart (the State Committee
for Standardization and Certification) at the end of February was introduced by theCabinet of Ministers of Ukraine into the Supreme Rada;
- a Draft Law “On the Withdrawal, Utilization, Destruction and Further Use of
Substandard and Hazardous Products”, prepared by Derzhstandart, was introduced into
the Cabinet of Ministers of Ukraine;WT/ACC/UKR/64
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- a Draft Law “On the Safety of Industrial Products”, prepared by
Derzhnagliadokhoronypratsi (the State Agency  on Labor Protection Control), is being
finalized based on the comments made by ministries and departments concerned;
- Draft Laws “On Standardization and Certif ication”, “On Accreditation” prepared by
Derzhstandart, are in the process of adjustment with relevant ministries and departments;
- a Draft Law “On Milk and Dairy Products”, prepared by Derzhstandart together with the
Ministry of Agro-Industrial Complex and with participation of AFNOR experts (French
Association on Standardization);
- Draft Laws “On Safety of Electronic Products” and “On Safety of Electrotechnical
Products”, prepared by the Minprompolitiky (the Ministry of Industrial Policy);
- a draft law of Ukraine “On Fish, Sea Products and Sea Food”, prepared by the
Derzhkomrybhosp (the State Committee for Fishery).
As per the programs for normative base updating, the programs concerned were developed by
Derzhstandart (the State Committee for Metrology, Certification and Standardization),
Derzhkommedbioprom (The State Committee on Medical and Biological Industry),
Derzhnagliadokhoronpratsi (The State Committee on Labor Protection Control), Derzhnaftogasprom(the State Committee for Oil and Gas Industry), Minenergo (the Ministry of Energy),
Minprompolitiky (Ministry for Industrial Policy) – the machine building industry and light and
processing industry.
It should be noted in respect of the expected adoption of the Law of Ukraine “On the
Responsibility of a Supplier for the Production and Selling of Substandard and Hazardous Products”and a relevant list of products subject to mandatory certification which depends on its adoption, that
the Draft Law of Ukraine “On the Responsibility of a Supplier for Production and Selling of
Substandard and Hazardous Products” was introduced by the Cabinet of Ministers into the Supreme
Rada at the end of February 1999.
An exact date for adoption of the draft law cannot be determined since any draft law must go
through a number of relevant procedures including  its consideration by  the Supreme Rada and the
Presidential Administration.
Further work is underway on reviewing the list of products that are subject to mandatory
certification taking into account international and European practice and the potential risk for
consumers as to the protection of human health, citizens’ property and the environment.
Proceeding from the said Law and the Law “On Standardization and Certification”, the draft
of which is being adjusted, an applicant is expected to be able to choose between the various methods
for confirmation of correspondence of certain types of products as it is practiced in the EU and is
provided for by the EU Directives, for instance, by Directive 73/23EEC with regard to low-voltage
equipment, by Directive 89/106 EEC with regard to building products, etc.
Technical standards and certification of automobiles
As per Ukraine's accession to Geneva Agreement 1958 Namely a decrease in the number of
visits on importer’s plants and discrimination of “private importers”, production examination at
importer’s plants is being carried out in order to check whether enterprises create conditions for stable
production of products by the indices that are in line with the effective legal and normative acts of
Ukraine.
There is no discrimination between legal entities and individuals importing vehicles into
Ukraine. Pursuant to the Resolution of the Cabinet of Ministers of Ukraine “On Rules of State
Registration and Recognition of Automobiles, Buses and Vehicles, Constructed on the Basis of theWT/ACC/UKR/64
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Chassis of Automobiles, Motorcycles of all Kinds, Marks and Models, Trunks, Semi-Trunks and
Side-Cars” No.1388, of 7 September 1998, registration of  purchased vehicles is made provided that a
conformity certificate or certificate of recognition of a foreign conformity certificate is available.
Purchased new vehicles are registered only if the design and technical conditions of the
vehicles comply with the relevant rules and standards, valid in Ukraine. The compliance is confirmed
by a conformity certificate or a certificate of recognition of a foreign certificate.
The State Committee for Certification, Metrology and Standardization provides the State
Automobile Inspection with information from the Unified Register of Products Certified in Ukraine
on the issued conformity certificates or certificates of recognition of foreign certificates.
In case the State Automobile Inspection does not have the information as to whether the
vehicles were certified or the relevant foreign conformity certificates were recognized, the owner of
the vehicle must supply the copy of the relevant certificate” (Item 9).
It warrants mention that the word “owner” in Ukrainian has two meanings - (i) the holder;  (ii)
the proprietor.
As per the validity of a certificate, for the first time in Ukraine, a conformity certificate can be
obtained for one to three years. In comparison, a certificate for a quality system is issued for a term of
three years in the EC.
If such certificate is available a Ukrainian certificate for products, in particular, for cars can
be issued for its validity term.
The certificate (permit) is not issued for a mark but for a type or model.  The practice shows
that the EC conducts annual modernization and re view of car constructions which according to the
rules UN-ECE/WP29 requires conducting new tests and obtaining of a new permit while the model
may remain unchanged.
Ukraine holds the following position as to adoption of UN-ECE standards:Ukraine has no intention of developing new national standards in respect to the safety
requirements for automobiles if there are modern international standards. Instead, Ukraine will
recognize these standards in its territory within th e framework of international agreements, namely the
Geneva Agreement of 1958.
Introduction of any standard, namely UN-ECE/WP29 requires substantial financing to
improve production and to create a modern examination base and the necessary infrastructure tocontrol the observance of an adopted standard. Consequently, the introduction and implementation of
international standards will be speeded up provided that there are essential funds.
As to the recognition of the examination results, Russia and Ukraine are sovereign
independent states, which have signed the Agreement on the Recognition of Products Certification.This Agreement does not cover products of “third” countries. In addition, since Russia has joined UN-
ECE/WP29, results of the automobile examinations received in accredited Russian laboratories are
accepted in Ukraine. Additional examination is not required if initial examinations are valid and
positive.WT/ACC/UKR/64
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Harmonization with international CISPR and IEC standards
In respect to the proposal of the WTO member states to harmonize as soon as possible
national standards with international in the area of EMC, electrical appliances and information
technology equipment. It should be mentioned that Ukraine employs measures to harmonize
standards, norms and rules with international and European ones. The Resolution of the Cabinet of
Ministers of Ukraine “On the Gradual Introducti on in Ukraine of European Union Directives,
Sanitary, Ecological, Veterinary and Phytosanitary Rules, and International and European Standards”
No.244, of 19 March 1997, contains an expanded plan for such harmonization.
Historically Ukraine manufactures radio-receiving and radio-transmitting equipment that
works in different frequency ranges than similar equipment of other countries. Thus, norms onelectromagnetic compatibility differ from internat ional and European norms. An immediate switch to
international and European standards is impossible due to economic and technical difficulties.
Development of Ukraine’s participation in the CB scheme in respect of the nomenclature of
goods and standards at present is problematic due to economic complications, namely, necessity ofadditional equipment for the examination base, which re quires significant financing. In the near future
Ukraine plans to extend the nomenclature of standards and goods in the CB scheme.
Requirements to the production examination
Paragraph 6.3 of the State Standard of Uk raine, No.3413-96 “UkrSEPRO Certification
Systems Products Certification Procedure”, State Standard of Ukraine, No.3412-96 “UkrSEPRO
Certification Systems. Production Attestation, Atte station Procedure”, State Standard of Ukraine
3419-96 “UkrSEPRO Certification Systems, Quality Systems Certification, Certification Procedure”
contains requirements for the production examinati on. Moreover, the Draft State Standard of Ukraine
“UkrSEPRO Certification Systems. Production Examination Procedure” is being developed.
Ukraine agrees to recognize the results of a production examination on a mutual basis. Such
activity is to be performed based on governmental bilateral agreements on mutual recognition of
confirming compliance results.
Sanitary supervision is in the competence of the Ministry of Health Protection. term “sanitary
certification” is not determined by the legislation of Ukraine.
Therefore, the Ukrainian legislation, however, has not defined the term “sanitary
certification”. Scope of the application of sanitary certification is determined by the Ministry and
other relevant agencies.
As to the food products, the Law of Ukraine “On the Quality and Safety of Food Products and
Food Raw Materials” No.771/97, of 23 December 1997 distributes functions of executive bodies in
the area of state control over the proper quality and safety of food products and food raw materials.
More precise definition of agreements on mutual recognition of certification results
Agreements on the mutual recognition of certification results, namely, the draft governmental
agreement, which Ukraine proposes to conclude its trade partners, based on Article 6 of the TBT
Agreement covers cooperation in the area of mutual recognition of conformity in legislation.
The agreement expresses the intentions of governments concerning cooperation in the
indicated area and may serve as a basis for the cooperation of products certification bodies and
examination of laboratories for the separate groups of products approved by parties.WT/ACC/UKR/64
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Information and standards are exchanged within the framework of agreements concluded by
the ANSI NIST institutes of the United States. Currently, negotiations on the possibility of
cooperation on mutual recognition of conformity in some areas, namely telecommunications, medical
equipment, equipment for oil and gas is taking place.
Standards and examination methods in respect of equipment for gas industry and electrical
engineering are being harmonized within the framewo rk of the governmental agreement with France.
As to cooperation with the Republic of Korea parties are determining examination
laboratories for accreditation within the framework of the concluded agreement.
Bilateral agreements with all countries except Tajikystan are concluded within CIS.
The following documents were submitted to the WTO members:- Decree of the Cabinet of Ministers of Ukraine “On Standardization and Certification” No.46-93,
of 10 May 1993;
- Law of Ukraine “On Metrology and Metrological Activity” No.113/98, of 11 February 1998
(WT/ACC/UKR/59/Add.1);
- Decree of the Cabinet of Ministers of Ukraine “On State Supervision over the Observance of
Standards, Norms and Rules and Responsibility for Their Violation” No.30-93, of 8 April 1993(WT/ACC/UKR/59/Add.1);
- Resolution of the Cabinet of Ministers of Uk raine “On the Customs Clearance Procedure for
Foreign Goods (Products) Subject to Obligatory Certification in Ukraine” No.1211, of
4 November 1997 (WT/ACC/UKR/Add.1);
- “Rules on Mandatory Certification of Electric and Similar Equipment And Components approved
by Order of the State Committee for Standardization, Metrology and Certification No.567, of
12 September 1997;
- “Rules on Mandatory Certification of Computer Hardware”, approved by Order of the State
Committee for Standardization, Metrology and Certification No.366, of 25 September 1997;
- “Certification Procedure for Foreign Full-scale Pr oduction Items”, approved by Order of the State
Committee for Standardization, Metrology and Certification No.633, of 18 August 1998
(WT/ACC/UKR/59/Add.1);
- State Standard of Ukraine No.3410-96, “UkrSEPRO Certification Systems: General Provisions”;
- State Standard of Ukraine No.3411-96, “UkrSEPRO Certification Systems: Requirements to the
Certification Bodies and the Procedure of Their Accreditation”;
- State Standard of Ukraine No.3412-96, “UkrSEPRO Certification Systems: Requirements to the
Examination Laboratories and the Procedure of Their Accreditation”;
- State Standard of Ukraine No.3413-96, “UkrSEPRO Certification Systems: Products Certification
Procedure” (WT/ACC/UKR/59/Add.1).
Catalogue and Reference Book “State Standards of Ukraine” and Bulletin on Documents on
Standardization, Metrology and Certification are issued quarterly in the Information Handbook,
“Standards” is issued monthly in Ukrainian.
Documents indicated in the list explain the certification and standards systems in Ukraine.
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