RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/UKR/66
23 July 1999
(99-3111)
Working Party on the
Accession of UkraineOriginal:  English
ACCESSION OF UKRAINE
Memorandum on Sanitary and Phytosanitary Measures
The following information concerning the sanitary and phytosanitary measures of Ukraine has
been received from the Governmental Commission on Ukraine's Accession to WTO.
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Submitted Information
1. Document on Phytosanitary standards in Ukraine (document WT/ACC/UKR/45) and
information on the sanitary measures system in Ukraine (document WT/ACC/UKR/46).
Introduction
2. The sanitary and phytosanitary regime in Ukraine is divided into two parts. The first one is
the system of sanitary measures, and the second is the system of phytosanitary measures for plant
quarantine.
Sanitary Measures
3. The current system of sanitary measures in Ukraine is aimed at the control of products which
may have a negative influence on the peoples’ health.  The main law regulating introduction of
sanitary measures is the Law of Ukraine "On Ensuring Sanitary and Epidemic Safety of thePopulation", No.4004-XII, of 24 February 1994 and some  other provision of Ukrainian legislation in
the health protection area.  The Ministry of Health Protection of Ukraine is authorized to act as the
central government executive body in the field of health protection.  The Ministry of Health
Protection is responsible for the development of hygiene and safety standards for products,
technologies and services.  It also has some special functions, which include: developing scientificallybased criteria, indicators and norms; designing methods for the control of compliance with such
requirements; implementing preliminary sanitary control by state organs at the stage of drafting new
legislation and developing new technologies and products; deciding whether to permit importation
into and distribution of specific products in Ukra ine; prohibiting the manufacturing, the distribution
and the use of products which fail to meet established product safety standards; investigating thecauses of possible negative effects resulting from the  consumption of low-quality products.
4. The Ministry of Health Protection of Ukraine accomplishes the aforementioned tasks through
its network of sanitary centers, science and research institutes, and institutions of higher education.
The State Sanitary Service includes laboratories, clinics and specialized research institutes which
carry out research projects in fields such as hygiene and toxicology.  Only conformity certificates
issued upon completion of hygiene and sanitary examination at the Ministry of Health Protection ofWT/ACC/UKR/66
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Ukraine are accepted as proof of a product’s conformity with the prescribed requirements.  Such
examination is carried out in accordance with Articles 10-12 and 16 of the Law of Ukraine "On
Ensuring Sanitary and Epidemic Safety of the Population", No.4004-XII, of 24 February 1994.  Order
of the Ministry of Health Protection of Ukraine "On Performing State Sanitary Expert Examination
Concerning Development, Production and Use of Products Potentially Harmful to Health", No.190, of20 October 1995, determines the procedure for examination by the state sanitary bodies and
establishes the list of products subject to obligatory examination by the state sanitary bodies.
5. Order of the Ministry of Health Protection of Ukraine "On Prices on Additional Services
Rendered to Organizations, Commer cial, Private and other Firms by the State Sanitary Bodies",
approved by the Resolution of the Cabinet of Ministers of Ukraine "On Approving the List of
Services Provided by the State Health-Protection Institutions and Higher Medical Institutes",No.1138, of 17 September 1996, the Resolution of the Cabinet of Ministers of Ukraine "On
Introducing Changes and Amendments to Resolution of the Cabinet of Ministers of Ukraine,
No.1138, of 17 September 1996", No.449, of 12 May 1997, establish a fee schedule for sanitary
examinations and the issuance of the necessary documentation.
6. The State Department of Veterinary Medicine  of the Ministry of Agro-Industrial Complex of
Ukraine is the authorized state body designated by the Government of Ukraine to carry out veterinary
control.
Pursuant to Law of Ukraine "On Veterinary Medicine", No.567/96, of 5 December 1996, the main
tasks of veterinary medicine are the:
- protection of the Ukrainian territory against the entry of pathogens of quarantine-designated
diseases for animals from the territory of another country or from a quarantine zone;
- control over the transfer, export and import of animals, products and raw materials of animal
origin, veterinary preparations, fodder, and fodder additives;
- carrying out of veterinary and sanitary examinations for products and raw materials of animal
and plant origin designated for human consumption; fodder and premixes designated for the
feeding of animals, as well as measures for the protection of animals during their export and
import; and,
- establishment of restrictions or prohibitions on the export and import of animals, food
products, and raw materials of animal origin, and agricultural products from specific countries
or regions following the increase of highly dangerous animal diseases, including thosecommon to animals and human beings.
7. In order to fulfill Article 22 of the Law of Ukraine "On Veterinary Medicine", No.567/96, of
5 December 1996, the Resolution of the Cabinet of Ministers of Ukraine "On Approving the
Regulation and Transport on Regional Service of the State Veterinary Control at the State Border ofthe State Department of Veterinary Medicine of the Ministry of Agro-industrial Complex of Ukraine",
No.264, of 2 March 1998, was issued.
The regional services of the state veterinary control at the state borders and for transport are
authorized to supervise the observance of veterinary requirements in international and domestictransportation of all kinds of animals, products, raw materials of animal origin, fodder, veterinary
preparations, biological, microbe, virus plants and mushrooms, collection articles of animal origin,
veterinary medicine preparations, as well as articl es and materials that may be carriers of pathogens of
animal infectious diseases, and other goods that are under the control of the service of the state
veterinary medicine.
The regional services also check veterinary documents, conduct clinical inspection of
animals, and veterinary and sanitary examinations of raw materials and products of animal and plantWT/ACC/UKR/66
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origin, fodder and preparations designated for the pu rposes of veterinary medicine in the course of
import, export and transit through the Ukrainian territory.
8. Goods subject to control by the state veterinary medicine service, as well as articles and
materials that may carry pathogens of animal infectious diseases, and other goods subject to controlby the service of the state veterinary medicine, shall cross the customs border of Ukraine only after
they pass the obligatory veterinary control.
The customs clearance of goods is completed only after the above control thereof is carried
out by specialists from the regional services of the state veterinary control, customs offices, and
customs points.
Goods subject to control by the state veterinary medicine service may be exported, imported
or transited through the territory of Ukraine only if the documents agreed upon by international
agreements are submitted and the veterinary requirements are observed.  The entry of vehicles subject
to obligatory veterinary control is permitted on the same conditions.
9. Sale of imported products and raw materials of animal origin and fodder for animals is
permitted only after a veterinary examination thereof.
Phytosanitary Measures
10. Phytosanitary measures in Ukraine are set forth in the Law of Ukraine "On  Quarantine of
Plants", No.3348, of 30 June 1993, Charter of the St ate Service for Plants' Quarantine, approved by
the Resolution of the Cabinet of Ministers "On the Charter of the State Service for Plants' Quarantine"
No.892, of 28 October 1993, and other ancillary legislative acts.  Requirements of quarantining plants
are aimed at the protection of the Ukrainian territory from the importation and for disbursement ofdangerous disease-carrying pathogens of plants and weeds that are not characteristic to the country.
The above requirements also cover plants, processed products thereof, and raw materials.
11. The Main State Inspectorate on Plant Quarantines at the Ministry of Agro-Industrial Complex
of Ukraine is the state body designated by the Government of Ukraine to carry out phytosanitary
regulations.  The following authorities are subordinated to the Main State Inspectorate on Plant
Quarantines:
- The central science and research laboratory;
- The central fumigation unit;
- The state border inspectorate on plant quarantine in the Autonomous Republic of Crimea;
- The state border oblast and state oblast inspectorates on plant quarantines, the state municipal
inspectorates on plant quarantines; and,
- The oblast quarantine laboratories and fumigation units.
12. The following goods are subject to quarantine control: seeds and sowing materials,
agricultural, forestry and decorative crops, plants and parts thereof (shoots, bulbs, tubers, fruit, etc.),as well as other products of plant origin that ma y contain vermin, plant diseases and seeds of weeds,
spores and mushroom bacteria; viruses, nematodes, ticks, insects, collections, herbariums, samples,
agricultural equipment, devices for soil cultivation, specific industrial goods, packages and goods
produced from materials of plant origin that may contain vermin, plant diseases and seeds of weed;
monoliths and samples of soils, and vehicles that come from foreign countries and Ukrainian regionswhere special quarantine regimes are in existence.
13. The main tasks of the State Service for Plant Quarantines are as follows:WT/ACC/UKR/66
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- protection of the territory from objects of quarantine that may be imported or independently
come from abroad or from a quarantine zone;
- timely detection, reduction and destruction of objects subject to quarantine, as well as
prevention of imports thereof to the regions of Ukraine where they are not yet present; and,
- ensuring the fulfillment of all special quarantine regime requirements and measures
concerning plant quarantine in the course of growing, procuring, export, import, storage,
processing, sale, and use of materials and objects that are under quarantine.
14. Additional requirements are carried out in the course of importing plant materials under
quarantine that are infected with quarantine organisms and are dangerous to Ukraine.  The list of
objects that are considered dangerous is reviewed every five years.  The list is prepared on the basis of
evaluating the potential harm that an organism may cause.  Evaluation is carried out in the followingway:
- The list of harmful organisms subject to quarantine, prepared by the European Organization
for Plant Quarantine is used as an initial reference point.  Groups of experts submit their
suggestions on each of the harmful organisms, taking into account the established criteria ofrisk evaluation.
- Joint consultations are conducted, and a decision on potential “harmfulness” for Ukraine is
made.
- Recommendations, which account for the potential harm an organism may cause, are
prepared.  They also cover the ways in which are spread organisms, including their country of
origin, the climatic conditions of Ukraine, and the possibility of contagion in different
climatic zones.
- Thereafter, the reviewed list is prepared.  The Ministry of Agriculture and Food of Ukraine in
conjunction with the Ukrainian Academy of Agrarian Sciences approve the list.
15. Materials under quarantine are permitted to be imported into Ukraine if the following
requirements are satisfied:
A phytosanitary certificate is issued by the state bodies for quarantine and plant protection of
an exporting country.  Ukrholovderrzhquarantine (State Inspectorate of quarantine) allows the import
of materials under quarantine from countries that do not have the state bodies for quarantine and plant
protection without the phytosanitary certificate with a preliminary issuance of a quarantine permit for
import.
A quarantine permit on import (transit) is issued by the Main State Inspectorate on Plant
Quarantine in advance, at least five days prior to the importation of the materials under quarantine.
16. The Resolution of the Cabinet of Ministers of Ukraine, No.958, of 24 November 1993,
establishes a scale of fees for inspections of materials that are under quarantine:
Amount of material that is under
quarantineFee for the  issuance of a
quarantine license for import or
transit (hryvnias)Fee for the  issuance of a
phytosanitary certificate for
export of materials that are
under quarantine (hryvnias)
Less than 50 tons 18.03 15.45
Less than 100 tons 36.08 30.83
Less than 1000 tons 72.13 61.40WT/ACC/UKR/66
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17. A phytosanitary certificate for export is issued on the basis of a form used by the European
Organization for Plant Quarantine.  Materials of pl ant origin exported from Ukraine are accompanied
by Ukrainian phytosanitary certificates for export.  Such phytosanitary certificates are issued only if
the results of field and laboratory tests prove that the product does not contain harmful organisms andthat the product is exported from a zone that is considered quarantine free by the importing country.
At the same time, a phytosanitary certificate for goods exported from Ukraine may be issued if an
importing country or provisions of an international agreement in the field of quarantine and plant
protection so require.
18. A conformity certificate with sanitary requirements (“hygiene certificate”) is issued for each
agricultural  product imported into Ukraine after examination by specialists from the state services forsanitary and hygiene.  After the goods are imported and the examination concluded with positive
results, a permit for the sale of goods in a specific region is issued, and goods are released from the
control of the state service, if no further obligatory certification is required.  If the product is subject
to such mandatory certification, the appropriate certificate is issued subject the requirements
prescribed by the Ukrainian System for Products Certification (UkrSEPRO).
19. The Chief State Sanitary Doctor of Ukraine (Kyiv, the Ministry of Health Protection of
Ukraine) issues a hygiene certificate for product imported into Ukraine.  The Chief State Sanitary
Doctor of the Republic of Crimea, sanitary doctors of oblasts and Kyiv and Sebastopol issue hygiene
certificates for product that is not subject to mandatory certification.  All of the procedures, as a rule,take 5-7 days.  Hygiene certificates for produce imported are valid for periods from one to three years.
This period may be extended after review of accompanying documentation for produce submitted by
a manufacturer or importer along with indicators of product safety.  In response to other questions, a
representative of Ukraine stated that a new importer of previously certified produce is not obliged to
undertake certification of this product, if the importer presents a copy of a valid hygiene certificateissued for the same product and certified by the manufacturer.  A representative also added that the
modified product has to be checked as if this produce has never been imported to Ukraine.
20. Ukraine has already begun negotiations with its trade partners on mutual recognition of
conformity certificates of sanitary and phytosanitary requirements: some level of equal recognition
may be achieved in this area.  In this connection, a representative of Ukraine has stated that sanitary
certificates issued by foreign bodies are taken into account in the course of expert examinations toissue a hygiene certificate on imported goods in Ukraine.
21. Different ministries research the issue of Ukraine’s membership in the FAO and the Code
Alimentarius Commission.  It is expected that the issue of accession to Code Alimentarius
Commission with respect to food additives, export and import controls, certification, product hygiene,methods of analysis, residues of pesticides, and vete rinary preparations in produce will be resolved in
the nearest future.  It is also expected that in the nearest future Ukraine will make a decision
concerning the ratification of the International Convention on Plant Protection signed in Rome on
6 December 1951.  The current regime of imports, inspection, storage, sale and application of
herbicides and pesticides is established according to the Law of Ukraine “On Pesticides andAgricultural Chemicals”, No.86/95, of  2 March 1995. This law has been drafted by taking into
account the main provisions of the International Convention on Plant Protection.
22. The development of a national sanitary and phytosanitary legislation is carried out by taking
into account international agreements to which Ukraine is a signatory, as well as other internationaltreaties.  However, preference is always given to measures that ensure the highest level of protection.
Some standards developed in Ukraine provide for much higher levels of protection than
corresponding international standards.  Nevertheless, only in cases of necessity does Ukraine
introduce sanitary standards for the protection of its population, animals and plants.  High standardsWT/ACC/UKR/66
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have been established for the pesticide residues  in raw materials and food products, migration of
polymeric components and other synthetic materials into the environment, as well as for products
designated for specific groups of people (children, old people, pregnant women, and nurses).  Such
high standards are based on the norms established by the appropriate scientific institutions of the
Ministry of Health Protection of Ukraine.  Any specific questions concerning the aforementionedissues may be submitted to the Ministry of Health Protection of Ukraine or to the Chief Sanitary
Doctor of Ukraine.
23. Concerning the introduction of notification requirements of the WTO Agreement on Sanitary
and Phytosanitary Measures in Ukraine, it should be mentioned that Ukraine does not have a
mechanism for the consideration of national sanitary standards by experts of various non-
governmental organizations, including foreign ones, prior to their official approval and publicationthereof.  However, a procedure exists for the discussion of standard drafts with the appropriate leading
experts of the state organizations.  Further, issue concerning the application of the Reference bureau
in accordance with the Agreement on Sanitary and Phytosanitary Measures is under consideration.
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