WT/TPR/M/334/Add.1  
14 June 2016  
(16-3251)  Page: 1/144  
Trade Policy Review Body 
19 and 21 April 2016 Original: English/Spanish  
anglais/espagnol  
inglés/español  
 
  TRADE POLICY REVIEW 
UKRAINE  
MINUTES OF THE MEETING 
Addendum 
Chairperson: Ms. Irene Young (Hong Kong, China) 
This document contains the advance written questions and additional questions by WTO 
Members, and replies provided by Ukraine.1 
 
 
Organe d'examen des politiques commerciales 
19 et 21 avril 2016 
EXAMEN DES POLITIQUES COMMERCIALES 
UKRAINE  
COMPTE RENDU DE LA RÉUNION 
Addendum 
Présidente: Mme. Irene Young (Hong Kong, Chine) 
Le présent document contient les questions écrites communiquées à l'avance par les 
Membres de l'OMC, leurs questions additionnelles, et les réponses fournies par Ukraine.1 
 
 Órgano de Examen de las Políticas Comerciales 
19 y 21 de abril de 2016 
EXAMEN DE LAS POLÍTICAS COMERCIALES 
U
CRANIA  
ACTA DE LA REUNIÓN 
Addendum 
Presidenta: Sra. Irene Young (Hong Kong, China) 
En el presente documento figuran las preguntas presentadas anticipadamente por escrito y 
las preguntas adicionales de los Miembros de la OMC, así como las respuestas facilitadas por Ucrania.
1 
                                               
1 In English and Spanish only./En  anglais et espagnol seulement./En inglés y español solamente. WT/TPR/M/334/Add.1 
 
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  REPLIES TO ADVANCE WRITTEN QUESTION S SUBMITTED BEFORE THE DEADLINE 
ARGENTINA Informe de la Secretaría (WT/TPR/S/334) 
1. Entorno económico 
El párrafo 1.21 refiere a la crisis económica y su impacto en el empleo y en los ingresos reales. 
Asimismo se menciona que, según el FMI, comi enzan a observarse signos de estabilización. 
- ¿Podría Ucrania indicar si se han adoptado medidas específicas destinadas a alentar el 
empleo? 
 Answer: Ukrainian authorities have taken all possible steps to raise the employment level after 
the economic crisis in Ukraine: 
 On January 1, 2013 the new version of the Law "On Employment" came into force. The Law 
 concerned introduces new tools to stimulate employment and improve population's  competitiveness. 
 In March 2016 the Government approved the Poverty Reduction Strategy (Resolution of the 
 Cabinet of Ministers No. 161-p as of March 16, 2016), which defines mechanisms for poverty  reduction for the period until 2020. This documents provides for inter alia  the increase of 
 employment policy efficiency (by restructuring public employment assistance system; 
 subsidizing job creation in enterprises that hire unemployed persons; creating national  vacancies register with free on-line access and updating in real time; expanding types and  scope of public works etc.) 
 In July 2015 Ukraine adopted the Resolution of  the Cabinet of Ministers of Ukraine as of 
 July 8, 2015 "On Approval of the Guidelines  for solving the employment problems of 
 internally displaced persons in 2015-2016 years". This document provides for the provision 
 of employment opportunities for internally displaced persons.  
 Ukraine also adopted the Resolution of the Cabinet of Ministers No. 473 as of July 8, 2015 
 "On Amendments to the Procedure for the Registration, Re-registration and Holding Records 
 of Unemployed Persons Looking for a Job", the Resolution of the Cabinet of Ministers 
 No. 696 as of September 8, 2015 "On Approvin g Measures to Promote Employment, Ensure 
 Return of Funds to Finance Such Measures in the Case of Job Security Violation for Internally  Displaced Persons". 
 The Ministry of Social Policy developed a dr aft Law "On Amendments to Some Legislative 
 Acts of Ukraine on Government Control of Employment and Social Insurance in the Case of  Unemployment". The draft Law provides for th e modernization of state employment agency 
 and establishment of the National Agency of Employment on its basis. 
 On April 7, 2016, the Ministry of Social Policy of Ukraine, a range of all-Ukrainian employers' 
 organizations and the International Labour Organization have signed a Memorandum of 
 Mutual Understanding to implement the ILO Program of Worthy Labour for Ukraine for 
 2016-2019. This document is based on thr ee main priorities: promoting employment and 
 sustainable business for stability and growth, promoting effective social dialogue,  improvement of social protec tion and working conditions. 
 
2. Régimen de comercio e inversión En el párrafo 2.52 se menciona que los inversores  extranjeros pueden establecer una oficina de 
representación para gestionar sus actividades. 
-  ¿Podría Ucrania detallar cuál es el procedimiento que debe seguir una empresa extranjera para establecerse en el país? 
 
Answer: A representative office in Ukraine should be  opened and registered in accordance with 
the Instruction on Registration of Representative s of Foreign Business Subjects in Ukraine, as 
approved by the Order of the Ukrainian Ministry of  Foreign Economic Relationships and Trade as of 
January 18, 1996. 
A representative office of a foreign business entity is not a legal entity and it does not carry out any independent economic activity. In all cases it acts in the name and on behalf of the non-
resident and only in the latter's interests. Registra tion of representative offices is performed by the 
national agency on economic policy (Ministry of Economic Development and Trade). In order to register a representative office of a foreign business entity that has no intention to 
conduct business in Ukraine one should submit particular documents (such as a registration WT/TPR/M/334/Add.1 
 
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  application in any form; an excerpt from the tr ade (banking) register of the country, where the 
foreign business entity has a formally registered  office; a certificate from the bank, where the 
applicant has an account; and an authorization for representation functions in the form pursuant to the legislation of the country where such foreign business entity is officially registered). 
All the documents should be notarized at the place of  issue, properly legalized, translated into the 
Ukrainian language and verified with the translator's seal. The state fee for registration of representative offices is established in the amount of USD 2,500. 
The certificate of registration is issued no later than within 60 working days after payment of the 
state fee. Starting from the date of registration , the representative office is deemed open. The 
Ministry of Economic Development and Trade mainta ins a registry of the registered representative 
offices. 
Within the 10-day period following the registration with the Ministry of Economic Development and 
Trade, the registration certificate, a power of atto rney to act as a representative, the regulation on 
operation of the separate division and a completed registration form should be submitted to an 
office of the Ministry of Statistics in order to be included in the Register. The certificate of Unified 
State Register of Enterprises and Organizations of Ukraine is issued within a 5-day period. 
 
En los párrafos 2.59 y 2.60 se menciona que Ucrania creó organismos destinados a atraer 
inversión extranjera (entre ellos, se señala que el Ministerio de Desarrollo Económico y Comercio estableció un grupo de trabajo encargado de formular iniciativas sobre los modos de atraer inversión extranjera) y que estos esfuerzos se vieron reflejados en los indicadores internacionales. 
-  ¿Podría Ucrania especificar cuáles fueron las medidas que se tomaron para mejorar el clima 
de inversión? 
 
Answer: According to 2015 Investment Report of Ministry of Economic Development the following 
achievement were accomplished:  canceled 16 inefficient regulatory restrictio ns; harmonized system of land lease; set 
 deadlines for registering businesses for no mo re than two days; implemented issuance of 
 permits through the centers of administrative services;  abolished licensing for 26 types of economic activity; identified an exhaustive list of 
 economic activities subject to licensing; established a unified procedure for licensing, 
 supervision and control in the field of licensing; 
 approved the Action Plan for deregulation of ec onomic activities and simplify the regulatory 
 framework that aims to eliminate excessive administrative regulation of economic activity, 
 creating favorable conditions for business; 
 ensured adaptation of Ukrainian legislation to European ones concerning takeover bids and 
 adequate protection of minority shareholde rs (the Law of Ukraine "On Amendments to 
 Certain Legislative Acts of Ukraine regarding investor protection" of 07.04.2015 
 number 289-VIII);  ensured validity and transparency of decision s on financing public investment projects, 
 efficient use of public funds and the impact of public investment projects (Law of Ukraine 
 "On Amendments to the Budget Code of Ukraine on public investment projects" of 
 07.04.2015 number 288-VIII);  approved plans for the implementation of certai n legislative acts of the EU in the field of 
 intellectual property (the Cabinet of Ministers of Ukraine of 04.03.2015 number 164); 
 to allign Ukrainian technical regulation system with EU a unified legal and organizational 
 principles for the development, adoption and application of technical regulations and 
 conformity assessment procedures were adopted by the Law of Ukraine "On Technical 
 Regulations and Conformity Assessment" of 15.01.2015 number 124-VIII; established 
 conditions for the functioning of the national standardization body;  approved the list of objects of state ownership of strategic importance to the economy and 
 national security (Cabinet of Minist ers of Ukraine of 04.03.2015 number 83); 
 approved Guidelines to ensure the transparency of  the entities in the public sector (Order of 
 the Minister of 11.02.2015 number 116); 
 eliminated monopoly SE "Ukrecoresursy" (Ukrainain Eco Resourses) (Cabinet of Ministers of 
 Ukraine of 18.03.2015 number 128);  approved the basic standard deduction of shar e of profit used for dividend payments by 
 results of financial and economic activity in 2014 of economic companies whose authorized 
 capital is the corporate law of the State (C abinet of Ministers of Ukraine of 22.04.2015 
 number 241);  approved the list of state property that is planned to be privatized in 2015 (Cabinet of 
 Ministers of Ukraine of 12.05.2015 number 271); WT/TPR/M/334/Add.1 
 
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   ensured conditions for quality and independ ent auditing of the largest state-owned 
 companies (Cabinet of Ministers of Ukraine of 04.06.2015 number 390);  ensured implementation of the pilot project in  public procurement for implementation of 
 electronic procurement (Cabinet of Ministers of Ukraine "On the implementation of the pilot 
project in the field of public procurement on the implementation of e-procurement" of 20.05.2015 
number 501-p);  launched a public access to information on procurement (bi.prozorro.org); 
 launched help-desk (help.vdz.ua) to support customers and participants of public 
 procurement, which provides continuous, pr ompt and professional support on public 
 procurement.  
3. Políticas y prácticas comerciales, por medidas 
En el párrafo 3.67 se señala que el Consejo de Ministros aprobó una resolución destinada a aplicar un plan de acción con el objeto de ayudar a las empresas ucranianas a ampliar los mercados para 
sus productos en el extranjero. 
-  ¿Podría Ucrania detallar las medidas de apoyo a las exportaciones tomadas en el marco de este plan acción y especificar cuáles son los sectores que reciben apoyo? 
 
Answer: The Action Plan until 2015 approved by the Ca binet of Minister's Resolution No. 1206 of 
16 November 2011 provides for basic export promotion and trade facilitation measures, such as providing information on export-related matters, conducting analysis on export potential, 
enhancing protection of domestic producers under the WTO Dispute Settlement Mechanism, 
establishment of trade offices within diplomatic missions abroad, and improving of transport infrastructure and others. The Action Plan is not sector specific. 
 
En el párrafo 3.108 se describe el estado de situación de la legislación en materia de OGM y el compromiso de armonizarla con la reglamentación comunitaria. En este sentido, se menciona que 
Ucrania no tiene un registro de OGM pero que en el futuro deberán registrarse las variedades de 
plantas y animales basadas en OMG, los OMG para productos alimenticios y los OMG para piensos. - ¿Podría Ucrania comentar cuándo comenzará a funcionar el nuevo registro? 
 
Answer: The new GMO regime is expected to be implemented as soon as laws adopting 
EU directives come into force.  
 
 WT/TPR/M/334/Add.1 
 
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  AUSTRALIA 
Report prepared by Ukraine 
2 ECONOMIC ENVIRONMENT 2.3.2 Regional and preferential agreements 
Page 27, paragraph 2.20 
 1) Australia notes that Ukraine has indicated it will gradually align its technical regulations and 
standards with those of the EU. 
Does the Ukraine have a timeframe in mind for the gradual alignment of regulations and standards with the EU? Has the subcommittee on SPS matters already been established? If so, who does it report to? 
 
Answer: The timeframe for the gradual alignment of re gulations and standards is XX as per Annex 
III of the Agreement. 
The SPS Subcommittee has been established, and it reports to Ukraine-EU Trade Committee. 
 3 TRADE POLICIES AND PRACTICES BY MEASURE 
3.4.3 Sanitary and phytosanitary measures 
Page 67, paragraph 3.99  2) The report states that an import risk analysis may be initiated by the competent authorities.  
What would the import risk analysis assessment process involve?  
 Answer: Apart from information on pests and diseases concerning exporting country, import risk 
analysis considers the history of compliance of traders, transport conditions and physical 
examination of goods. The analysis entails hazard identification, hazard characterization, exposure 
assessment and risk characterization. 
 
4 TRADE POLICIES BY SECTOR 4.1 Agriculture  4.1.5 Level of support 
Page 89, paragraph 4.20 
 3) Australia notes that Ukraine has not provided any agricultural domestic support notifications 
for the years after 2011.  
When will Ukraine be in a position to lodge these notifications?  
Answer: Notifications on agricultural domestic support for 2012-2014 are currently under 
development and will be submitted to the WTO Secretariat after their completion.  Report by the Secretariat  
4     TRADE POLICIES BY SECTOR 
4.3    Mining and Energy  Page 96, paragraph 4.48 
 
4) To what extent do Ukraine's policy priorities and initiatives influence or support Ukraine's 
mining equipment, technology and services (METS) sector? 
Answer: The Energy Strategy up to 2030 is focused on creating favorable conditions so as to 
attract foreign investors into the energy and mining sector, with the main focus on renewable 
resources, coal, gas, oil and electricity. Updated draft of the Energy Strategy up to 2035 indicates 
the need for tax reforms in the mining sector to ensure fair business environment and create an attractive investment climate.  With respect to mining sector, the current situation in Donbass area, which is the centre of the 
national coal industry, requires rebuilding the sy stem of relations in the coal industry and its 
operating principles virtually from scratch. The infrastructure destruction and the shutdown of coal producers in several districts of Donetsk and Luhansk regions make Ukrainian coal industry face 
the threat of losing its role in ensuring the country's energy security. Ensuring the efficient 
operation of the coal industry in the long term re quires the transition to the market environment, 
completion of privatization processes, and the introduction of a competitive coal market.  
 WT/TPR/M/334/Add.1 
 
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  BANKING SERVICES 
Page 108, paragraph 4.99  5) The Secretariat Report states that the National Bank of Ukraine issued a 'Programme for 
Development of the Financial Sector 2015-2020' on 23 March 2015. 
Could Ukraine please provide more information on this program, particularly with regard to its implications for trade and investment in financial services? 
 
Answer :  
In 2015, the National Bank of Ukraine develo ped and adopted the Comprehensive Program of 
Ukraine Financial Sector Development Until 2020 (t he "Comprehensive Program"). Its provisions 
set forth the stages, directions and the pace of reforms in the Ukrainian financial sector.  
A trigger tode devevelopment the Comprehensive was signing of the Association Agreement with European Union. The choice of the European development model and building up a financial sector 
capable of ensuring sustainable development an d market competitive environment required a 
systemic resolution of accumulated problems, ma jor among which were the rapid growth of share 
of distressed assets in banks' balance sheets, considerable outflow of deposits, high dollarization of 
loans and deposits, insufficient amount of eq uity and regulatory capital of banks etc. 
The main objective of the Comprehensive Program is to establish a fully-fledged, efficient and 
effective financial market in Ukraine, build its infrastructure, and strengthen its resilience to crisis developments on the global financial markets. Implementation of the Comprehensive Program 
would enable Ukraine to speed up the economic development and its integration in the European 
Economic Area on a competitive basis. Main directions of implementation of the Comprehensive Program are set as follows:  
A. Ensuring financial stability and dynamic development of financial sector;  
B. Development of institutional capacity of financial sector regulators;  C. Protection of rights of financial market consumers and investors. 
The overall implications of the Comprehensive Program shall be a gradual liberalization of capital 
flow as provided in the Association Agreement with European Union. For more details of the Comprehensive Program of Ukraine Financial Sector Development Until 2020 please visit the official website of the National Council of Reforms 
(http://reforms.in.ua/sites/default/files/upload/docs/strategy2020_18062015-
eng_june_2015_1.pdf).  
INSURANCE SERVICES  
Page 109, paragraph 4.104  
6) The Secretariat Report states that 'in 2015, a draft Law No. 1797-1 of 6 February 2015 "on 
Insurance" was submitted for consideration to the Verkhovna Rada'.  Could Ukraine please provide an overview of this ne w insurance law, particularly with regard to its 
implications for foreign investment in insurance services in Ukraine and the provision of insurance 
services to Ukrainian entities on a cross-border basis. 
 Answer: The new draft law "On Insurance" No. 1797-1 was recently adopted in the first reading. 
This draft Law aims, among others, at enhancing consumers rights protection, bringing Ukrainian 
legislation in line with the EU legislation and standards, improving monitoring and strengthening 
the control over the insurance sector, improving the licensing regime and introducing international 
standards of corporate governance and prudential  supervision, and developing long-term life 
insurance. The new law will introduces a new order of legislative regulation of the insurance (reinsurance) and brokerage activities for both residents and non-resi dents. It will improve legal system so as to 
ensure further development of insurance market, relevant state regulation and supervision. The 
adoption of the new insurance law will help to create a more competitive environment by introducing equal conditions for both resident an d non-resident insurers, and, thus, improve the 
quality of insurance services and reduce their costs for consumers. 
With respect to providing insurance services on a cross-border basis, Articles 3 and 4 of the new 
draft law maintain the previously existed restrictions providing for the exhaustive list of services 
that can be provided by the non-resident insurer (mode 1), in particular: i) insurance of risks 
related to maritime shipping and commercial av iation and spaceships and freight (including 
satellites), with such insurance to cover any or all of the following: goods being transported, the 
vehicle transporting the goods and any liability arising therefrom; ii) reinsurance; iii) ancillary 
insurance services such as consulting services, valuation of actual risks and satisfaction of claims; WT/TPR/M/334/Add.1 
 
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  as well as iv) insurance mediation subject to valid licenses issued for this type of service in their 
home country.  TELECOMMUNICATIONS SERVICES  
Page 121, paragraph 4.168 
 7) The Secretariat Report states that Ukraine is in the process of implementing number 
portability to stimulate competition, referring to NCCIR Decision No. 394 of 31 July 2015. 
Could Ukraine please provide an update on its implementation of this policy on number portability?  Answer : The implementation of the number portabilit y services in Ukraine is at the stage of 
selecting the relevant equipment supplier by the Administrator of the ported numbers centralized 
database (the UCRF) with competitive bidding results being currently reviewed. WT/TPR/M/334/Add.1 
 
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  CANADA 
Government Report (WT/TPR/G/334) 
Part III. Trade Related Reforms; 3.1 Trad e Performance; paragr aph 3.19, page 11 
The Government Report states that the Government of Ukraine aims to create an export-credit 
agency and establish an export promotion agency , and plans to open eight trade representative 
offices around the world.   
1. Could Ukraine please elaborate on the status of this initiative, including where these offices 
would be located, and when these offices will be established?  Answer: According to the draft Presidential Decree (approved by the Cabinet of Ministers), 
developed by the Ministry of Economic Developmen t and Trade, eight trade representative offices 
are to be established in the following preliminar y identified locations: the EU (Brussels), the 
WTO (Geneva), Turkey, China, Egypt, Poland, Germany and the USA. This Decree is being 
considered by the President of Ukraine. Funding for establishment of the respective offices is also 
foreseen in the 2016 State Budget.  
In regard to creation of export-credit agency the Government of Ukraine is in the process of 
concept approval and development of respective draf t law. With respect to the establishment of an 
export promotion agency, so far the Ministry of Economic Development and Trade is developing a 
project plan. Currently the donor-funded project te am is assisting the Ministry with its export 
promotion activity. 
 
2. Could Ukraine please elaborate on whether addition al offices will be considered in future and, if 
so, where? 
 
Answer: The Government of Ukraine will make a final decision on initial and additional offices 
after abovementioned Presidential Decree comes into force. 
 
Part III. Trade Related Reforms; 3.4 Govern ment Procurement; paragraph 3.49, page 14  
The Government Report notes that "On 29 December 2015, the Verkhovna Rada adopted new law 
on public procurement and by au tumn 2016 all public tenders will be transferred into electronic 
format and will be conducted through the electronic procurement system "Prozorro" 
(http://www.prozorro.org)." Canada warmly welcomes this development.  
3. Will there be summary notices in English for procurement covered under Ukraine's GPA market 
access schedule?  
Answer: Summary notices will be posted on Prozorro for bids exceeding EURO 133 thousands. 
The notice will at least include the subject matter of the procurement; the final date for the 
submission of tenders, and the address from which procurement documents may be requested. 
 
4. Will this website be used by the government of  Ukraine to centralize all information relevant to 
government procurement, such as award information, laws and regulations, etc.?  
Answer: The Prozorro website will be used by the government of Ukraine to centralize all 
information relevant to government procurements including award information as well as public procurement related laws and regulations. 
 
5. Does Ukraine foresee any challenges to its plan to publish all procurement opportunities on this website in the fall of 2016?   
Answer: Ukraine does not presently foresee any challenges to its plan to publish all procurement 
opportunities on this website in the fall of 2016.  
Secretariat Report (WT/TPR/S/334) 
PART III. TRADE POLICIES AND PRACTICES BY MEASURE; (3.2) MEASURES DIRECTLY 
AFFECTING IMPORTS; (3.2.2) Ordinary customs duties: 
PARAGRAPH 3.14; PAGE 41 
As the Secretariat report explains, Ukraine levied an import surcharge of 10% on agricultural products and 5% on industrial goods from February-December 2015. Imports from all trading WT/TPR/M/334/Add.1 
 
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  partners, including those with preferential trad e agreements with Ukraine (and within tariff 
quotas), were subject to the measure, and by the end of 2015, the surcharge had raised Hrv 25 billion according to the Ukrainian Ministry of Finance. The report states that the import surcharge would have been abolished from 1 January 2016.  
 
6. Could Ukraine please confirm that import surcharges have been removed effective 1 January 2016 and indicate whether any import surcharges are in effect now or being planned for 
implementation this year?  
 Answer:  Ukraine confirms that import surcharges have been removed effective 1 January 2016. 
No import surcharges are currently in effect or being planned for implementation this year. 
 
PART III. TRADE POLICIES AND PRACTICES BY MEASURE; (3.2) MEASURES DIRECTLY 
AFFECTING IMPORTS; (3.2.6) internal taxes: 
PARAGRAPH 3.26; TABLE 3.9; PAGE 47 
In its discussion of internal Ukrainian taxes, the Secretariat Report states that "…VAT exemptions may also be accorded on a temporary basis." In Table 3.9, "grains and other industrial crops" are 
listed to be VAT exempt until the end of 2017. The Secretariat report notes on page 90 that 
Ukraine's production of grains was in the range of 60-65 million tonnes in recent years, with approximately half of that total exported. It also states that Ukraine ranks among the major exporters of maize, feed wheat and barley.  
 
7. Could Ukraine describe explain the criteria used to determine which activities/groups of products will be granted temporary VAT exemption? In particular, could Ukraine explain its 
rationale for granting the VAT exemption to "grains and other products"?  
 Answer: The tax code allows the application of special VAT regime for agriculture, fishery, and 
forestry (now valid only until 1 January 2017, See 2.15 in the Government Report). To qualify, the 
cost of goods and services related to agriculture pr ovided by the entity should be at least 75% of 
total costs. Due to overload of requests for compensation received from the agriculture producers, the 
Government was forced to implement this nece ssary and temporary measure of exempting grain 
and industrial crops so as to release the burden from the budget. Currently export of grain and industrial crops is subject to zero rate and is subject to VAT refund 
together like other products. 
 PART III. TRADE POLICIES AND PRACTICES BY MEASURE; (3.3) MEASURES DIRECTLY 
AFFECTING EXPORTS; (3.3.5) Export promot ion and marketing assistance: PARAGRAPHS 
3.67 – 3.68; PAGE 59 According to the Secretariat report, Ukraine passed a resolution with the objective of assisting Ukrainian enterprises in expanding the markets for their products abroad in 2011. The resolution 
calls on central and local authorities to implement an action plan for the development and 
employment of Ukraine's export potential. Accordin g to the Ukrainian authorities, the action plan 
introduces effective mechanisms of government support to national producers. 
Further, the Cabinet of Ministers introduced a system of government support to Ukrainian 
exporters in August 2013. The stated purpose of  the legislation is to develop export-oriented 
industries, improve the quality and competitiv eness of exported goods, improve Ukrainian 
exporters' positions in promising markets and increase the volume of foreign trade. 
 8. Could Ukraine provide more details as to the above-mentioned action plan for the development and employment of Ukraine's export potential and to  the type of government support that is being 
granted to Ukrainian exporters in the Ukrainian Cabinet of Ministers Resolution No. 568-r "On 
Approval of the Concept of Government Support System for Ukraine's Exports"?  
 
Answer: Both the Action Plan up to 2015 (referred to in para. 3.67 of the Secreteriat Report) and 
the Concept foresee measures that were to be realized during 2013-2015. The 2016 State Budget of Ukraine does not foresee any financial support for the implementation of these plans. 
The Action Plan up to 2015 approved by the Cabinet of Minister's Resolution No.1206 of 
16 November 2011 provides for basic export promot ion and trade facilitation measures, such as 
providing information on export-related matters, conducting analysis on export potential, enhancing protection of domestic producers under the WTO Dispute Settlement Mechanism, WT/TPR/M/334/Add.1 
 
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  establishment of trade offices within diplomatic missions of Ukraine abroad, improving transport 
infrastructure and logistics, and others.  In accordance with the Cabinet of Minister's Re solution No. 568, the Concept of the Government 
Support System for Ukraine's Exports foresees measures aimed at development and 
implementation of an effective policy of the state support for export, in particular institutional, 
organizational, informational and financial measures. The above-mentioned measures are not contingent upon export and refer to a number of sectors, among them, high-tech industries 
(aviation, shipbuilding, defence and space industries), pharma, transportation and logistics 
services.  PART III. TRADE POLICIES AND PRACTICES BY MEASURE; (3.4) MEASURES AFFECTING 
PRODUCTION AND TRADE; (3.4.11) Price Controls: 
PARAGRAPH 3.147; PAGE 78 The Secretariat report outlines the price control regi me that has been in place in Ukraine for spirits 
since 2008. It states that minimum prices were introduced with the stated aim of combatting 
illegal production and trade. The minimum prices, set for sales at the wholesale and retail level, 
originally applied only to domestically produc ed beverages. However, the system has been 
extended to imported alcoholic beverages since June 2014. The minimum prices were adjusted 
upward with effect from 1 September 2015, but retain a substantial differential between similar products. The minimum price for whiskey, for inst ance, is very nearly double the minimum price 
for vodka. The report also notes that there is a substantial domestic production of vodka. 
 
9. Could Ukraine please explain the rationale for having a lower minimum price for vodka as compared to similar products, such as whiskey, rum, gin, and other spirits? 
 
Answer: The average market price of vodka brands co nsumed in Ukraine is generally lower than 
the average market prices for whisky, rum, gin and other spirits. 
 
PART IV. TRADE POLICIES BY SECTOR; (4.1) AGRICULTURE (4.1.4) Export measures: PARAGRAPH 4.18; PAGE 89 The Secretariat Report notes that Ukraine effectivel y taxes agricultural exports by failing to refund 
VAT to exporters of agricultural products. Conver sely, agricultural producers selling domestically 
are entitled to VAT refunds as outlined in paragraph 4.12 (pages 87-88).  
10. Could Ukraine outline whether it plans to introduce legislation to subject all agricultural 
producers to the same taxation regime?   
Answer: The special VAT regime for agriculture has been sunset to expire on 1 January 2017. 
 PART IV. TRADE POLICIES BY SECTOR; (4.1) AGRICULTURE (4.1 .6) Selected agricultural 
products: PARAGRAPH 4.26 GRAINS; PAGE 91 
The Secretariat report states that, "it appears that the Agrarian Fund has carried out intervention 
purchases of grains in most marketing years since accession…" For the marketing year 2013/14, purchase targets for public intervention were se t for wheat, rye, barley, sugar, maize, milk 
powder, butter, buckwheat, oats, millets and peas. 
 11. Could Ukraine explain the procedure for the pu rchase of these commodities, outline the prices 
at which these products were procured and provide the expenditures for these purchases?  
 Answer: The Agrarian Fund priority is the formation of public intervention fund - the state reserve 
of certain agricultural products, which should guarantee the country's food security. Filling the 
state intervention fund is through intervention measures such as spot and forward purchases. 
Purchases made at prices no lower than the guar anteed minimum, providing the appropriate level 
to agricultural production efficiency. The purchases are made under the contracts with the agrarian 
producer which should fulfill several conditions i.e. providing documents relating to its registration, 
certificate of the payer of VAT, annual balance sheets and financial statements of producers in the last two calendar years with a mark of statistics, certificate of absence of arrears of taxes and fees 
etc 
 WT/TPR/M/334/Add.1 
 
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  In 2013/2014: 
 The total amount of purchases of the Agrarian Fund  in 2014 amounted to 1.2 mln. tons of grain, 
30 thousand tons of millet, and 30 thousand tonne s of oats. The minimum intervention prices in 
the 2013/2014 marketing period for objects purchases (prices include VAT) were: 
 2
nd grade wheat - 1841 UAH. / T; 
 3rd grade wheat - 1736 UAH. / T; 
 4th grade wheat - 1667 UAH. / T; 
 Rye class1 - 1601 UAH. / T; 
 Rye Class 2 - 1525 UAH. / T; 
 Rye Class 3 - 1565 UAH. / T; 
 3rd -grade barley - 1567 UAH. / T; 
 Oats 1 class - 2640 UAH. / T; 
 Oats 2 class - 2420 UAH. / T; 
 Oats Class 3 - 2200 UAH. / T; 
 Millet 1 class - 2750 UAH. / T; 
 Millet 2 grade - 2500 UAH. / Tonne. 
 
In 2015: The object of the procurement stands wheat 2n d and 3rd class and buckwheat crop of 2015. 
The total amount of purchases amounted to 1.2 mln. tons of grain. 
2016: 
The total amount of purchases is expected to reach 640 thousand tons of grain. Of these: 
580 thousand tons of wheat grade 2 and 3, 50 th ousand tons of Rye 1, 2 and 3 classes, and 
10 thousand tonnes of buckwheat. 
The total amount of funds to be spent on th e purchase of grain is expected to reach 
UAH 1.4 billion.  
 
PART IV. TRADE POLICIES BY SECTOR; (4.1) AGRICULTURE (4.1 .6) Selected agricultural 
products: PARAGRAPH 4.36 SUGAR; PAGE 93 The Secretariat report notes that Ukraine's minimum applied administered price for refined sugar 
established by the Cabinet of Ministers for the 2015/16 marketing year is Hrv 6,454.73 per tonne 
(an increase from Hrv 4,496.2 per tonne in calendar year 2011). The report also notes that 
legislation that would remove the administered prices for sugar and the A-quota for sugar is 
pending. 
 12. Could Ukraine provide more information as to when Draft Law No. 2856 of 18 April 2013 or 
similar legislation will take effect, and as a consequence, when administered prices for sugar will 
be removed?   Answer: Draft Law No. 2856 of April 18, 2013 was withdrawn in 2014. Draft Law No. 4172 "On 
canceling the invalidity of some laws of Ukraine on state regulation of production and sale of 
sugar" provides for full cancellation of administra tive regulation of sugar-beet industry, including 
the annual determination of the government minimum price for sugar. The said draft was 
considered at a meeting of the Committee on Agrarian Policy, which was held on March 15, 2016 
and was recommended to Verkhovna Rada of Ukraine for adoption. The Draft Law will come into effect after adoption by the Verkhovna Rada, si gning by the President, and publication in the 
official gazette of Ukraine. 
 Part IV. Trade Policies by Sector: Air Transport: paragraph 4.5.3.1., page 113:  
The Secretariat Report indicates that Lviv and Odes sa International airports have introduced, on a 
unilateral basis, an open skies regime for all carriers covered by bilateral ASAs. 
 13. Could Ukraine please explain how this policy interacts with Ukraine's bilateral ASAs with the 
countries of said carriers?  
 Answer:  This regime will come into force after re levant changes are made to the existing ASAs, 
therefore air carriers will be able to fly without restrictions to Lviv and Odessa, after obtaining a 
permit from respective aviation authorities.  14. What additional rights do carriers have over  and above what are in the ASAs and why aren't 
those rights included in the ASAs? WT/TPR/M/334/Add.1 
 
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  Answer: No other rights except full 3 and 4 freedom traffic rights are granted to carriers which is 
in compliance with the ASAs. WT/TPR/M/334/Add.1 
 
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  THE P. R. CHINA 
Part I. Questions based on Report by the Secretariat (WT/TPR/S/334) 
Page 7, Para2 2. Ukraine was hit exceptionally hard by the global financial crisis that started in 2008. A 
strong economic rebound in 2010-11 was subsequently dampened by political instability, 
developments in the Crimea and then followed by a severe economic contraction with the outbreak of conflict in Eastern Ukraine. Real GDP contra cted by nearly 7% in 2014 and another 16% in 
2015. The conflict and the withdrawal of capital from certain foreign investors reduced foreign 
direct investment, which fell from more than US$8 billion in 2012 to US$410 million in 2014. The repercussions on remittances from Ukrainians living abroad has been less pronounced though noticeable. Depleting reserves of foreign exchange  and steady downward pressure on the value of 
the national currency (the hryvnia) led to a series of measures, including exchange rate 
liberalization, in early 2015. At that point, Ukra ine's international reserves covered less than one 
month of import requirements. Measured in US dollars, current GDP per capita in 2015 was less 
than US$1,000, one quarter of the level in 2013. Nonetheless, some signs of stabilization of the 
economy have emerged in 2015 as Ukraine has begun to implement reforms, which are supported by a new IMF programme. 
 
Question 1: Does Ukraine intend to terminate all or part of the foreign exchange control measures over 
residents and non-residents adopted in September 2014, including compulsory foreign exchange 
settlement, limitations on conversion and transfer? Is there a timetable? 
 Answer : Beginning from 2013, the National Bank of Ukraine had to apply a range of restrictions in 
the foreign exchange market that were aimed at stopping the unjustified outflow of capital and 
avoiding panics in the foreign exchange market. According to the Letter of Intent of 21 July 2015 and the Memorandum on Economic and Financial 
Policies of Ukraine, a gradual lift of administrative restrictions in the area of foreign exchange 
regulation and control is planned. Such measures will be taken in accordance with the roadmap developed in cooperation with the IMF and under appropriate conditions (in particular, stable functioning of the foreign exchange market for a certain period of time, reaching the target 
amount of the foreign exchange reserves, completion of the capitalization program for banks, 
etc.). The National Bank of Ukraine launched a project on liberalization of foreign exchange regulation 
and free flow of capital under the IMF program EFF, the EU-Ukraine Association Agreement and the 
Comprehensive Program of Ukraine Financial Sector Development Until 2020. Plans regarding gradual and stepwise liberalization of foreign exchange regulation, which is rather linked to 
achievement of certain macroeconomic indicators and delivery of required conditions than to strict 
deadlines, are adopted by these documents.  Considering the above mentioned, National Bank of Ukraine is ready to lift a number of temporary administrative restrictions in the foreign exch ange market (introduced beginning from 2014) and 
fundamental restrictions (implemented from earl y 1990s) after implementation of arrangements 
achieved with the IMF. Elimination of restrictions will allow to simplify the bureaucratic procedures and take away the last obstacles for all foreign exchange market participants: exporters, 
importers, direct and portfolio investors, joint ve ntures and subsidiaries, players in the financial 
markets etc. The final objective of the foreign exchange market liberalization is ensuring free flow of capital as 
provided in the EU-Ukraine Association Agreement and in line with WTO obligations. 
 Page 7, Para 6 6. Ukraine introduced a 13% import surcharge on certain goods in March 2009. The surcharge 
was eliminated in two stages in May and September 2009. The WTO Committee on Balance of 
Payments (BOP) Restrictions concluded that Ukraine's BOP situation had not justified the imposition of the measure, which had also been applied inconsistently with WTO provisions. In 
December 2014, Ukraine's Parliament passed legislation introducing a temporary import surcharge 
of 10% on agricultural products and 5% on indust rial goods. The legislation entered into force on 
25 February 2015 and remained in place until the en d of the year, when it was eliminated as 
Ukraine had indicated to the WTO. The surcharge raised Hrv 25 billion in government revenue 
according to the Ministry of Finance of Ukraine.  WT/TPR/M/334/Add.1 
 
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  Question 2: 
In recent years Ukraine customs has been charging imported goods from China based on the value that they themselves estimate other than the de clared value; in particular, Ukraine government 
issued Administrative Order No. 449 on May 14 of 2015, placing Hong Kong 
，China and Marco, 
China under its trade monitoring, and officially authorized the customs to charge tariff on goods 
from monitored regions according to the valu e they themselves estimate. and since many 
Chinese-invested companies in Ukraine ship goods to Ukraine through Hong Kong ，China and 
Marco，China, the goods from China are significantl y overvalued. When will Ukraine stop such 
practice preserve the normal trading order between the two sides? 
 Answer: Cabinet of Ministers Resolution "On the list of states (areas) that meet the criteria 
established by subparagraph 39.2.1.2 subparagraph 39.2.1 paragraph 39.2 of Article 39 of the Tax 
Code of Ukraine" No. 449 was adopted on May 14. This resolution does not deal with customs 
valuation.  
Page 8, Para 11 
Page 9, Para 13 13. The Cabinet of Ministers is authorized to estab lish lists of goods subject to import or export 
licensing and import/export quotas. In 2015, automatic licensing was applied to ozone depleting 
substances and products containing such substances (Montreal Protocol), optical polycarbonates and machinery for the manufacture of disks for laser-reading systems. Import quotas were enforced on coking and bituminous coal, coke and semi-coke during a seven month period in 
2013. At present, import quotas (enforced through non-automatic licensing) are only applied in 
connection with safeguard measures on certain seamless steel pipes. Additional import duty, as a safeguard measure, is applied to tableware and kitchenware of porcelain. In response to a 
WTO panel's findings, a safeguard duty on certain motor vehicles was terminated on 30 September 
2015. Ukraine imposes no countervailing measures, but one investigation is on going. Anti dumping measures in force affect imports of certain goods from Belarus, China, Kyrgyz 
Republic, and the Russian Federation. 
 Question 3: Please explain the basis for adopting the safeguard measures on tableware and kitchenware of 
porcelain? 
 Answer: Safeguard measures ware imposed by the Decision of the Interdepartmental Commission 
on International Trade as a result of the safeguard investigation on imports of tableware and 
kitchenware of porcelain regardless of country of origin and export. Safeguard measures concerned were adopted on the basis of the results of an investigation initiated on May 16, 2013 
pursuant to the application of "Drughkivskyy po rcelain factory" Ltd, SC "Sumskyy porcelain 
factory" and "Coral" Ltd "Dovbys kyy porcelain factory" (the domest ic industry within the meaning 
of Article 4.1.(c) of the Agreement on Safeguards).  Detailed information regarding the basis for impositi on of safeguards is contained in notifications 
submitted to WTO as follows: 
G/SG/N/6/UKR/10 – initiation of the investigation (Article 12.1(a) of the Agreement on Safeguards); 
G/SG/N/8/UKR/4 – injury findings (Article 12.1(b) of the Agreement on Safeguards); 
G/SG/N/8/UKR/4/Suppl.1 – application of safegu ard measures (Article 12.1(b), 12.1(c) of the 
Agreement on Safeguards). 
 
Page 9, Para 14 A ten-year ban on the export of unprocessed timber came into force on 1 November 2015. For pine logs, the ban is applicable from 1 January 2017. 
 
Question 4: Could Ukraine explain the effect of the ban and its influence on trade. 
 
Answers: The Government of Ukraine has prepared a Draft Law amending the Law № 325-VIII of 
9 April 2016, which provides for revocation of the ban in question and improves transparency of 
wood sales administration. 
 WT/TPR/M/334/Add.1 
 
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  Page 9, Para 17 
 17. Ukraine will be aligning its technical regulations and standards to those of the EU. In the 
future, an Agreement on Conformity Assessment and Acceptance of Industrial Products is to be 
concluded, ensuring that Ukrainian goods may circulate on the same conditions as EU products in 
a single market for the products covered by the agreement. Ukraine has also committed to aligning its SPS and animal welfare legi slation with the EU aquis communautaire. 
 
Question 5: According to Ukraine-EU Free Trade Agreement, Ukraine will make adjustments and align its technical regulations and standards with those of the EU. Could Ukraine to the best extent possible 
disclose the progress in this regard and how to do a good job of transition and conversion between 
those regulations and standards? From now on, in respect of Chinese products which already obtained access certificate into the EU market, is it necessary to apply additional certificate for 
those products to circulate in Ukraine? Is it necessary to modify the bilateral cooperation 
documents between China and Ukraine on certification and accreditation?  
Answer: Annex III to the Association Agreement provides for implementation into national 
legislation of 27 acts on the basis of the European  Directives, 24 of which envisage publishing lists 
of harmonized standards, voluntary use of which provides a presumption of conformity of products, related processes or production method s, or other objects with requirements of the 
mentioned Directives covered by these standards or their parts and defined in this Directive. 
Among 27 sectors identified in Annex III, 24 technical regulations were adopted in Ukraine on the basis of relevant EU legislative acts, 22 of them are mandatory for use. It remains to develop 
another 3 technical regulations in relevant sectors (on explosives for civil use, packaging and 
packaging waste, high-speed railways). At the same time due to changes in European  legislation, under which a number of the EU 
Directives was revised and laid down in new edition, the revision of adopted technical regulations 
is carried out with a view to their maximum aligning to new versions of the EU Directives. Today separate technical regulations are aligned with the EU legislative acts (electromagnetic compatibility of equipment, low-voltage electrical  equipment, machinery safety, safety of toys, 
medical devices, medical devices for in vitro diagnostic; active implantable medical devices, energy 
labeling). Number of standards is 3458. 
Implementation of the European Directives into national legislation in Ukraine is carried out by 
adoption of appropriate technical regulations, whic h also provide for publishing lists of national 
standards, voluntary use of which provides a presumption of conformity of products, related 
processes or production methods, or other object s with requirements of the mentioned Directives 
covered by these standards or their parts and defined in this technical regulations. During 2001–2015 all national standards for technical regulations defined in Annex III to the Association Agreement was adopted in Ukraine. 
Recognition of conformity certificates issued by conformity assessment bodies of both Ukraine and 
the EU Member States is impossible only on the basis of entry into force of the Agreement on Free Trade Area with the EU. 
Only after reaching full harmonization of technical regulation system of Ukraine with that of the 
EU, in accordance with Article 57 of the EU – Ukraine Association Agreement the Agreement on 
Conformity Assessment and Acceptance of Indust rial Products (the ACAA Agreement) will be 
signed primarily in four priority sectors jointly identified by stakeholders, namely: machinery, low-
voltage equipment, electromagnetic compatibility an d simple pressure vessels. This Agreement will 
envisage that trade between Ukraine and the EU will be carried out under the same conditions. This means that European conformity certificates and the CE mark will be recognized in Ukraine. 
Along with this, Ukrainian producers will have the right to supply their products to the EU market 
with Ukrainian conformity certificates. Thus, from today until the ACAA Agreement will be concluded relevant products introduced into 
circulation in Ukrainian territory must pass the required conformity assessment procedure (if 
required by relevant technical regulations) and be  marked by Ukrainian mark of conformity with 
technical regulations. 
Another mechanism for conformity certificates recognition is conclusion of agreements between 
conformity assessment bodies of Ukraine and other countries under certain conditions. According to the Law designated bodies may unilate rally recognize results of products conformity 
assessment conducted by foreign accredited conformity assessment bodies on the basis of 
agreements with such conformity assessment bodies under certain conditions, namely: WT/TPR/M/334/Add.1 
 
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   national accreditation bodies accrediting conformity assessment bodies both in Ukraine and 
 in other state are members of international or regional organization for accreditation and/or  h a v e  s i g n e d  a n  a g r e e m e n t  w i t h  s u c h  a n  o r g a n i z a t i o n  o n  m u t u a l  r e c o g n i t i o n  o f  r e l e v a n t   activities on conformity assessment; 
 designated body applies a conformity assessm ent procedure or part of it and issues 
 document of compliance envisaged by this procedure at its own responsibility on the basis of  a document of compliance issued by foreign conformity assessment body. 
 
Page 13, Para 1.15 1.15. In October 2015, the NBU started to gradually relax currency and capital restrictions that had been introduced in 2014 and early 2015 to prevent capital flight and further depreciation of 
the hryvnia. Nonetheless, a number of restrictions on payments and transfers for current 
international transactions remain in place: (a) surrender requirements: 75% of foreign currency proceeds (effective from 23 September 2014); (b) co mpletion of export and import transactions 
(delivery to payment) within 90 days (effective from 19 November 2012); (c) prohibition of 
repatriation of dividends and proceeds from the sale of securities, except sovereign bonds (effective from 3 December 2014); (d) limitation of foreign currency withdrawal from current and 
deposit accounts of clients at cash desks and ATMs to the equivalent of Hrv 20,000 per day per 
client (effective from 4 September 2015) ; and (e) limitation of foreign cash sales per person and per business day, not exceeding the equivalent of Hrv 3,000 per bank (effective from 3 September 2015). 
 
Question 6: The Secretariat has noted the numbers of restrictions that remain in place on payments and 
transfers for current international transactions. Wi th respect to the subjection of 75% of foreign 
currency to compulsory exchange into domestic currency, China notes that if a company does not get for the relevant export tax rebate on time, it will bring local export enterprises with larger 
financial pressure. How does Ukraine plan to mi tigate the aforementioned negative effects? 
There are regulations concerning the performance of  the import Contract, i.e. the importer needs 
to take the delivery of the imported cargo after declaration of the Customs Service within 90 days after the payment of the contractual value, otherw ise the importer will be fined or exempted the 
right of import. This policy constitutes the import trade barrier. 
Ukraine´s central bank dollar foreign exchange policy changes frequently, which has led to difficulties on purchase of foreign exchange and result in payment delays, or shortage of the 
foreign Currency exchanged, among others. What measures is Ukraine planning to take in order to 
provide certainty to its legal framework, theref ore improving its business climate in Ukraine? 
 
Answer: See answer to Question 1. 
The NBU decided that from 5 February 2015, the exchange rate would be determined by market 
forces on the interbank foreign exchange market of Ukraine. Ukraine will retain this policy in the foreseeable future. 
 
Page 33, Para 2.53 2.53. Ukraine's foreign exchange regulations (Section 1.2) pose a certain number of complications 
for foreign investors. Some of these concerns were addressed in 2010 , as requirements to effect 
investments exclusively through accounts with Ukrainian banks were lifted, and early repayment of loans granted by non-residents became possible. The mandatory registration of investments was 
also eliminated. However, it should be noted that investment protection is only available to 
registered investments as per Article 12 of the Law "on the Regime of Foreign Investment". At present, investment registration is effected by regi onal or city administrations further to Resolution 
No. 139 of the Cabinet of Ministers "on Adoption of the Order of State Registration (Re 
registration) of Foreign Investments and its Annulment" of 6 March 2013. 
 Question 7: 
How does Ukraine intend to improve its investment climate with regard to foreign companies 
established through representative offices or owni ng less than 10% of shares, given that under the 
current legal framework they are not considered foreign investment, therefore not covered by the 
investment protection? 
Does Ukraine intend to cover these foreign entities and shareholders under the umbrella of investment protection as a way for promoting inbound Foreign Direct Investment?  WT/TPR/M/334/Add.1 
 
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  Answer: Resolution of Cabinet of Ministers of Ukraine № 139 "On Adoption of the Procedure of 
State Registration of Foreign Investment and Its Annulment" as of 6 March 201 provides the 
procedure for registration of foreign investments in Ukraine. This is an administrative procedure where registration is in principle automatic once application is properly completed with accurate 
information about the investment. Registration is completed within seven business days. This 
registration is available for all investors without any discrimination.  
 
Page 50, Para 3.41 
3.41. The verification of customs value is carried out during customs control and customs clearance. Goods may be released for free circulation while disagreements persist regarding the correct valuation. In such cases, the declarant may pay duties and taxes according to the declared 
value and provide a payment guarantee for the a dditional disputed amounts. The declarant has 
80 days to provide additional documentation in support of his claims. For authorized economic operators (AEOs), documentation requirements will be restricted to the customs value declaration, 
the contract, the invoice, bank payment document s, and proof of transportation and insurance 
costs. All verification exercises are to be perf ormed after the goods have been released for free 
circulation. 
 
Question 8:  
Ukraine has requested the registration of Chinese medical apparatus and instruments, requiring not only to provide the CE and ISO certificates, but also to notarize them, which is time 
consuming. Does Ukraine intend to reduce such  overwhelming burden for Chinese companies in 
the near future? China notes that agricultural material products such as pesticides, fertilizers need to go through 
brand certification process which is very difficult for the Chinese Exporters and also time 
consuming (2 years). Could Ukraine explain the rationale behind such criteria?  
Answer: This requirement is not specific to China.  
As pesticides and fertilizers constitute the group of high risk for the health of the people and safety 
of the environment due to the toxicity level they sh all be subject to the strict safety requirements 
as the safety for human life and environment is  one of the basic principles of the Ukrainian 
legislation (the Law of Ukraine "On Pesticides and Agrochemicals" and international legislation as 
well. Brand certification is necessary because fake products for good molecules are quite common for 
very effective products. Fake products have gr ave consequences for farmers' crops and health, 
businesses, the environment, etc.  
Page 99, Para 4.61 
4.61. Ukraine has had a feed-in ("green") tariff regime since 2008 for various types of alternative energy installations (wind, solar, biomass, bi ogas, small hydropower, and geothermal power). 
Feed-in tariffs are determined by the NEURC for each facility , and are guaranteed by law until 
1 January 2030. The wholesale market operator Energo rynok is required to purchase the electricity 
generated from alternative/renewable sources at the green tariff established for the renewable energy producer (Chart 4.6). The cost of grid  connection was split 50/50 between producer and 
the grid operator, but this incentive has been cancelled. Since 2014, renewable electricity 
generators have the option to sell under direct power purchase agreements. The Electricity Market Law envisages the establishment of a Cost Imbala nce Allocation Fund to compensate Energorynok 
for losses related to renewable energy purchases at feed-in tariffs, but this matter is still under 
discussion in the context of the elaboration of a new draft Electricity Market Law, aimed at aligning the legislation with the Third Energy  Package of the Energy Community. 
 
Question 9: 
Ukraine passed enactment in 2015 to significantl y reduce electricity price subsidies to grid-
connected PV power station of over 10MW, and Chinese companies are the main foreign investors 
of such PV power stations, Ukraine's practice causes loss to the PV power stations invested by 
Chinese companies... Would the government of Ukraine keep its commitments in the renewable energy field and restore green energy price subsidie s to PV power stations from January 1 of 2017, 
to mitigate the impact on foreign investors and provide good and stable investment environment 
to investors?  Answer: This measure is temporary. Previous levels of subsidies will be restored starting 1 
January 2017. WT/TPR/M/334/Add.1 
 
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  Part II. Other Questions 
Question 10: Trade-related Chinese commercial and tourism visas have always been inconvenient, complex 
(visa de retour) and time consuming (20 working days required)
，and costly and frequently 
changing. .When will Ukraine take practical measures to address the issue?  
 
Answer: The Government of Ukraine is planning to introduce the procedure of a single entry visa 
issuance at the Ukraine's state border checkpoints at the international airport "Boryspil" for the citizens of People`s Republic of China who are tr aveling to Ukraine for business or tourist purpose. WT/TPR/M/334/Add.1 
 
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  COLOMBIA 
Informe de la Secretaría - Documento WT/TPR/S/334 
RESUMEN - El párrafo 13 del informe de la Secretaría in dica que... "...Durante un período de siete meses 
en 2013 se impuso un contingente de importación para la hulla coquizable y la hulla bituminosa, 
los coques y los semicoques. En la actualidad únicamente se aplican contingentes de importación (mediante licencias no automáticas) en relación con las medidas de salvaguardia sobre 
determinados tubos de acero sin soldadura…" 
Teniendo en cuenta que en 2015 los principales productos colombianos exportados hacia Ucrania correspondieron a coques y semicoques de hulla (81% del valor total exportado), Colombia quisiera conocer la justificación económica y comercial para la adopción de contingentes a estos 
productos por parte del Gobierno de Ucrania? 
 Answer: Quotas on these goods were introd uced for the following reasons: 
 to support for coal mining enterprises whose working assets are significantly reduced 
 because of the break of coke's shipment. Such companies do not pay salaries on time which  leads to the growth of social tension in coal mining regions and can lead to closure of 
 separate mines; 
 warehouses of coal mining companies accumulate large amounts of coke's scraps which 
 could lead to spontaneous inflammation at the mines. Such an inflammation may cause  threat to the health and lives of people who are in underground workings as well as the 
 population that is located in the process buildings and territories attached; 
 To react against significant increase in imports. Thus, for example, in 2009 there were 
 imported 7.5 million tons of coking coal in  Ukraine, in 2010 - 9.1 million tons and in 2011 - 
 10.7 million tons. For 11 months of 2012 there were imported 12 million tons of coking coal, 
 exceeding import volume of 2009, 2010 and 2011 combined.  
- El párrafo 3.15 del informe de la Secretaría señala que... "El 28 de diciembre de 2014, el 
Verjovna Rada aprobó una ley que introducía un recargo temporal a la importación. La Ley entró en vigor el 25 de febrero de 2015. El recargo era del 10% para los productos agropecuarios y del 5% para los productos industriales. La medida af ectaba a las importaciones procedentes de todos 
los socios comerciales, incluidos los que tenían acuerdos de comercio preferencial con Ucrania (y 
aunque se realizaran en el marco de los contin gentes arancelarios). Quedaban exentos del pago 
del recargo determinados artículos de primera necesidad. La Ley preveía que la medida se aplicara 
hasta el 1º de enero de 2016, aunque pudiera reducirse de forma gradual antes de que finalizase 
ese plazo. Tras celebrar consultas, el Comité de Restricciones por Balanza de Pagos remitió su informe al Consejo General de la OMC, que lo aprobó en su reunión del 27 de julio de 2015." 
Colombia quisiera conocer la justificación económica y comercial de la adopción de este tipo de 
medidas por parte del Gobierno de Ucrania (recargos temporales a las importaciones de productos agropecuarios e industriales)  
Answer: These measures have been eliminated as of 1 January 2016. They were intended to 
address balance of payments deficit.  
Medidas sanitarias y fitosanitarias 
- El párrafo 3.94 del informe de la Secretaría indica que... "Ucrania es miembro de la 
Organización Mundial de Sanidad Animal (OIE), la Convención Internacional de Protección 
Fitosanitaria (CIPF), la Organización Europea y Mediterránea para la Protección de las Plantas 
(OEPP) y la Comisión del Codex Alimentarius.  La Comisión Nacional del Codex Alimentarius, que normalmente presta asistencia para la formulación de métodos de control de la inocuidad de los alimentos, límites máximos de residuos 
(LMR) de plaguicidas, etc. y procedimientos para el análisis de peligros y puntos críticos de control 
(APPCC), entre otras cosas, no está en funcionami ento. El punto nacional de contacto del Codex 
sigue en funciones y continúa difundiendo las normas del Codex en Ucrania. 
C o l o m b i a  q u i s i e r a  e l  t i e m p o  e n  e l  c u a l  s e  p o n d r á  e n  f u n c i o n a m i e n t o  s u  C o m i s i ó n  N a c i o n a l  d e l  
Codex Alimentarius, dada la importancia que ésta tiene en el apoyo de las políticas nacionales sobre inocuidad de los alimentos, las medidas adoptadas sobre la materia y su conformidad con 
las disposiciones del AMSF-OMC.  
 Answer: Due to budgetary constraints and administrative reforms, the National Codex 
Alimentarius Commission was liquidated. A national codex contact point has been designated. WT/TPR/M/334/Add.1 
 
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  - El párrafo 3.96 del informe de la Secretaría  indica que... "Entre las medidas adoptadas 
últimamente cabe mencionar la creación, el 10 de septiembre de 2014, de un nuevo Servicio Estatal de Inocuidad de los Alimentos y Protección del Consumidor con el fin de consolidar las funciones relacionadas con las MSF que están repartidas entre varios organismos. No obstante, al 
mes de diciembre de 2015, el Servicio aún no había comenzado sus actividades. Según la 
reorganización prevista, las funciones del Servicio Veterinario y Fitosanitario Estatal se combinarán con algunas o todas las funciones del Servicio Sani tario y Epidemiológico Estatal, la Inspección 
Estatal para la Protección de los Derechos del Consumidor, el Servicio Estatal de Inspección 
Agrícola y el Servicio Estatal de Análisis..." Colombia quisiera conocer el cronograma para la puesta en marcha del nuevo Servicio Estatal de Inocuidad de los Alimentos y Protección del Consumidor de Ucrania y las funciones específicas que 
tendrá a cargo en materia MSF.  
 Answer: SPSA became operational pursuant to the Order of the Cabinet of Ministers of Ukraine 
"Issues of the State Service for Food Safety and Consumer Protection" adopted as of April 6, 2016.  
 Servicios  
-En el párrafo 4.170 se señala que "las licencias para la utilización del espectro se otorgan sobre 
una base competitiva, en los casos en que la demanda sobrepasa la disponibilidad" Quisiéramos entender qué quiere decir que la licencia se otorgue sobre una base competitiva, ¿se realiza a través de una subasta?; Adicionalmente si es sobre una base competitiva ¿qué implica la 
condición que la licencia sea otorgada en los ca sos que la demanda sobrepase la disponibilidad?, 
¿es un test de necesidad?  
Answer: According to the Law on "Radio Frequency Resource" (Article 30) the issuance of radio 
frequency license is subject to the availability of radio frequencies resource. If the requested demand for the frequency spectrum exceeds its availability, a license is awarded on a competitive 
basis, trough contest or tenders. Such contest is conducted in accordance with the rules approved 
by the Decision of the National Commission for State Regulation of Communications and Informatization No. 625 of 24 September 2013. The al location of frequency spectrum is carried out 
in accordance with the Frequency Plan, which provides for a distinction between mobile, fixed and 
satellite usage.  
The winner is determined by the highest bid an d the votes of the member of the specially 
established commission, provided that all conditions prescribed in the terms of such contest or 
tender are met by such bidder in his proposal.  
 En el párrafo 4.168 se señala que en materia de servicios de telecomunicaciones "Los servicios 
fuera de la zona habitual de cobertura (servicios de itinerancia) en general no están 
reglamentados" Quisiéramos entender las implicaciones de esta afirmación. ¿Esto quiere decir que las tarifas de roaming nacional no están reguladas? y ¿Existen algunas condiciones especiales para los nuevos 
entrantes en el mercado para negociar las tarifas de terminación de llamadas cuando la llamada 
termina fuera de la zona habitual de cobertura?   
Answers : National roaming tariffs are not subject to state regulation. Rates for traffic termination 
on mobile telecommunication networks (MTR) are subject to state regulation for telecommunications operators with significant market power. 
 
Propiedad Intelectual  
Con referencia al párrafo 3.152. que señala "Por lo que respecta a la supervisión de la observancia de los derechos protegidos, una dependencia especial (la División de Inspectores del Estado 
encargados de las cuestiones relacionadas con la propiedad intelectual) realiza visitas 
programadas y no programadas a las empresas comerciales. En función del tipo de infracciones detectadas, los inspectores pueden presentar informes de infracciones administrativas (que se 
remiten al sistema judicial) o notificar las posibles infracciones penales a un órgano de 
investigación prejudicial". Nos gustaría conocer más fondo la labor que lleva a cabo esta dependencia, como por ejemplo 
¿Cómo selecciona la dependencia las empresas comerciales a las que realiza visita?; ¿Existe algún 
criterio para esta elección? ¿Cuál es el alcance del informe presentado por el inspector?; ¿Se ha 
realizado algún estudio que mida el impacto que ha tenido esta labor en la observancia de los DPI?  WT/TPR/M/334/Add.1 
 
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  Answers : The Scope of work and authorities of the state inspectors is provided in Regulation 
№ 674 "On Approving the Charter of the State In spector on Intellectual Property of State 
Intellectual Property Service" as of 17 Ma y 2002(last amended 9 January 2014). The State 
Inspector is a civil servant of the State Intellect ual Property Service of Ukraine (SIPSU) appointed 
by the Head of SIPSU in coordination with the Minister of Economic Development and Trade of 
Ukraine. State inspector performs  the following main functions: 
- monitors the compliance with the laws "On Copyright and Related Rights", "On the distribution of 
audiovisual works, phonograms, computer programs, databases," "On peculiarities of state 
regulation of business entities related to the production, export, import of disks for laser reading systems "and other legislative acts in the field of intellectual property; - takes measures to suppress illegal traffic of goods produced in violation of intellectual property 
rights, including removing of counterfeit copies  of audiovisual works, phonograms, computer 
programs, databases, produced or imported in violation of the law, as well as equipment and raw materials for production of CDs and matrices; 
- issues binding to subjects of economic activity  instructions to bring activity in conformity; 
- conducts inspections of the subjects of econ omic activity regarding intellectual property 
violations; and 
- applies special measures to the subjects of economic activity. 
The State inspector exercises control by way of conducting scheduled and extraordinary inspections. The plan of inspections is adopted by  SIPSU. Extraordinary inspections are carried out 
upon the request of SIPSU, other bodies of central executive power, and initiative of the State 
Inspector. State inspector can conduct inspection based on the written application of intellectual 
property right holder and upon request of enforcement authorities.  Upon the results of inspection, the state inspector issues an act of inspection. This act shall contain 
information on the date of inspection, name, title of the inspector, and data about the object of 
inspection, reference to the plan of inspection (if scheduled inspection is conducted), fact of the violation if detected with detailed description of ea ch type of violation. Copies of all documents and 
materials of inspection shall be attached to the act of inspection. Should the representative of the 
enterprise subject to the inspection disagree with the results of the inspection, s/he has the right 
to submit observations to the act of inspection. 
The last research conducted regarding the impact of performance of IP state inspectors was in 
2014. Under the auspices of SIPSU the evaluation of  state inspectors on intellectual property for 
2014 took place. For 7 months of 2014 state inspectors conducted 219 (186 – scheduled and 33 
extraordinary) inspections, participated in 31 special inspections together with prosecutor's office, 
Ministry of Internal Affaires and State Security Service related to intellectual property rights. Upon 
the results of the inspection 30 administrative protocols were adopted. More than 5700 copies of 
counterfeit goods totaling about 141600 UAH were seized.  
 WT/TPR/M/334/Add.1 
 
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  EL SALVADOR 
Párrafo 2.14 del Inform e de la Secretaría:  
"Por lo que respecta al desequilibrio de la balanza de pagos, Ucrania impuso recargos temporales a la importación en 2009 y 2015 (sección 3.2.2)." 
En relación a la imposición de restricciones por el desequilibrio en la balanza de Pagos, podría 
Ucrania inicar en qué medida la restitución del equilibrio en la balanza de pagos se debió a la aplicación de dichas restricciones en 2009 y 2015.  
Qué otras herramientas de política económica fueron utilizadas tanto para mejorar el saldo en la 
balanza de pagos, como para compensar los efectos adversos de la aplicación de las restricciones al comercio internacional.  Tienen previsto utilizar restricciones al comercio por desequilibrio en balanza de pagos en un 
futuro. 
 Answers : Balance of payments in 2014 was under considerable pressure – the deficit amounted 
to $13.3 bln virtually the same as it was during the 2008/2009 crisis. Although the current account 
balance improved in 2014, the deficit remained quit e high at 4% of GDP, and the capital inflows to 
the country were not sufficient to cover it. The BoP deficit was financed via a decrease in its 
reserve assets – gross international reserves fell to $7.5 bln as of the end of 2014 (or just 
1.8 months of future imports). As a result, the Ukrainian economy remained vulnerable to adverse 
external developments and its external position wa s under significant pressure at the beginning of 
2015. 
Import surcharge was imposed temporary to stabiliz e the balance of payments and was part of the 
macroeconomic stabilization program, agreed with the IMF. The decision was taken by the Ukrainian authorities at the end of 2014 and was enforced on February 25, 2015. In combination 
with the exchange rate and other policy reforms it contributed to narrowing of the current account 
deficit to 0.2% of GDP in 2015. The major improvement was underpinned by a further decline in imports as the introduction of the import surcharge and hryvnia devaluation has an almost instant 
effect on imports, while policy reforms take time to be reflected in exports. Moreover, in 2015 
Ukrainian exports continued to deteriorate amid destruction of the export potential of Donbas (where a large number of heavy industrialized and export-oriented enterprises are located) due to 
armed conflict, as well as Russia's imposition of trade barriers on Ukrainian goods. 
According to our estimates, the introduction of im port surcharge led to about $0.8-1.0 bn decrease 
in imports of goods in 2015. Gross international reserves started to increase gradually since April 2015. Thanks to the 
disbursements under the IMF's Extended Fund Facility Loan for Ukraine, they recovered to $13.3 
bn as of the end of 2015 (or 3.5 months of future imports).  The economy is expected to gradually return to a growth trajectory on the back of further progress 
in macroeconomic stabilization, structural reforms and improved access to external financial 
markets. Macroeconomic stabilization, underpinned by a strong monetary anchor, fiscal adjustment, financial sector recovery, and external official financing, is expected to become more 
entrenched in 2016.  
Prior to introduction of import surcharge, a number of measures were implemented to enhance 
macroeconomic adjustment of the Ukrainian economy. In particular, free-floating ER regime was implemented, the Ukrainian authorities committed strongly to carry out fiscal consolidation, 
initiated a number of structural reforms, including in the energy and banking sectors. As well, the 
NBU raised sharply its key policy rate and introduced a number of administrative measures to contain Hryvnia devaluation pressures.  
 
These measures included:  
 restrictions on export/import operations (75% surrender of FX receipts); 
 capital controls (a ban on repatriation of dividends abroad); 
 restrictions on operations with FX cash (exchange, transfers and cash 
withdrawals); 
 restrictions on banking operations with foreign currency: 
 technical requirements: NBU required advance hryvnia payments for foreign 
currency, requested additional document, tightened monitoring requirements, etc.; 
 limits to purchase foreign currency if the client had FX deposits, other property 
rights in foreign currency, borrowed hryvnia resources for this transaction, etc. 
 WT/TPR/M/334/Add.1 
 
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  Ukraine is not going to re-introduce import surcharges in the nearest future. However, its re-
imposition may be considered by the Ukrainian authorities in case of adverse shocks, jeopardizing macroeconomic stability of the country. However, this move will be in compliance with the WTO requirements. 
 WT/TPR/M/334/Add.1 
 
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  THE EUROPEAN UNION 
WT/TPR/S/334 – WTO Secretariat's Report 
1 ECONOMIC ENVIRONMENT 1.2 Economic Developments 
Paragraph 1.15, Page 13 
The report indicates that a number of restrictions of the National Bank of Ukraine on payments and transfers for current international transactions still remain in place. 
 
EU question No 1:  In the context of the relaxation of currency and capital restrictions introduced 
since 2015, and taking into account the long-term production processes for some categories of products (ex. machinery), is Ukraine planning to lif t the restrictions or to the very least consider 
longer periods to complete the import/export transactions (currently set at 90 days from delivery 
to payment)?  
Answer : Beginning from 2013, the National Bank of Ukraine had to apply a range of restrictions in 
the foreign exchange market that were aimed at stopping the unjustified outflow of capital and avoiding panics in the foreign exchange market. 
According to the Letter of Intent of 21 July 2015 and the Memorandum on Economic and Financial 
Policies of Ukraine, a gradual lift of administrative restrictions in the area of foreign exchange regulation and control is planned. Such measures will be taken in accordance with the roadmap developed in cooperation with the IMF and under appropriate conditions (in particular, stable 
functioning of the foreign exchange market for a certain period of time, reaching the target 
amount of the foreign exchange reserves, completion of the capitalization program for banks, etc.). 
The National Bank of Ukraine launched a project on liberalization of foreign exchange regulation 
and free flow of capital under the IMF program EFF, the EU-Ukraine Association Agreement and the Comprehensive Program of Ukraine Financial Sector Development Until 2020. Plans regarding 
gradual and stepwise liberalization of foreign exchange regulation, which is rather linked to 
achievement of certain macroeconomic indicators and delivery of required conditions than to strict deadlines, are adopted by these documents.  Considering the above mentioned, National Bank of Ukraine is ready to lift a number of temporary 
administrative restrictions in the foreign exch ange market (introduced beginning from 2014) and 
fundamental restrictions (implemented from earl y 1990s) after implementation of arrangements 
achieved with the IMF. Elimination of restrictions will allow to simplify the bureaucratic procedures 
and take away the last obstacles for all foreign exchange market participants: exporters, 
importers, direct and portfolio investors, joint ve ntures and subsidiaries, players in the financial 
markets etc. 
The final objective of the foreign exchange market liberalization is ensuring free flow of capital as 
provided in the EU-Ukraine Association Agreement and in line with WTO obligations. Longer periods to complete the import/export transactions are not envisioned under the current agreement with the IMF. Further liberalization will  depend on market conditions and on agreement 
and arrangements with the IMF in accordance with roadmap. In this regard, the NBU monitors 
situation on the monetary and exchange market on a regular basis.  
 
2.3 Trade Agreements and Arrangements 
2.3.1 WTO  Paragraph 2.14, page 25 
The report states that Ukraine agreed during the accession negotiations to provide periodic reports 
as a Member on progress in privatization and on other issues related to economic reforms, but it has not yet provided any such reports.  
EU question No 2: Could Ukraine clarify when will they provide such reports?  
 Answer: Ukraine plans to provide updated information on privatization in 2016. 
 
2.4 Investment Regime 
Paragraph 2.59, page 35 
The report mentions the working group set up by the Ministry to formulate initiatives on ways 
to attract foreign investment into Ukraine. WT/TPR/M/334/Add.1 
 
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  EU questions No 3-4: Could Ukraine clarify which are the competencies of this working group? In 
particular, could Ukraine describe which are the envisaged initiatives to attract foreign investments into Ukraine?   
Answers : The following working groups were set up by  the Ministry of economic development and 
trade of Ukraine (MEDT):  the working group on solving problems in the sphere of entrepreneurship and investment 
(the key competencies and functions – study the actual problem issues in the sphere of 
entrepreneurship and investment; preparing the proposition on solving its) (Minister's order of 26 February 2016 № 323); 
 the working group "The target team of reforms on deregulation and development 
entrepreneurship" (the key competencies and functions – preparation of proposes on strategy and 
mechanisms of reform implementation, providing of monitoring its implementation) (Minister's order of 13 October 2015 № 1300); 
 the working group on preparation of proposals on improvement of the regulation of public 
support in establishment and functioning of in dustrial parks, free economic zones and other 
investment promotion instruments (the key competencies and functions – forming the favorable 
conditions for establishment and functioning of industrial parks, identification of investment 
promotion instruments in Ukrainian economy, solution the problem issues on establishment and functioning of industrial parks, free economic zones) (Minister's order of 17 December 2015 № 1604). 
Our initiatives to attract foreign investments in Ukrainian economy: 
 the improvement of investment activity standards – MEDT is working on issues on 
association to the OECD Declaration on International Investment and Multinational Enterprises and 
establishing the National Contact Point to implement the standards of responsible business conduct 
. The OECD experts in cooperation with Ukrainian authority experts have drafted the Investment Policy Review of Ukraine; 
 the development of measures on investment attractiveness of Ukraine – designing on-line 
investment map; the plan on promotion investment advantages of Ukraine is drafted; to work on the setting up investment projects ba se to promote on investment forums; 
 institutional reform based on establishing the Investment Promotion Agency (IPA) which 
will provide the support for foreign and local investors and this would include the creation of a 
user-friendly and regularly up-dated online portal specifically designed for potential and existing 
investors to help investors get information and to shed some light on recent legal and regulatory 
changes and upcoming opportunities. 
 3 TRADE POLICIES AND PRACTICES BY MEASURE 
3.2.7, Import prohibitions, restrictions, and licensing:  
The EU companies experience an excess of docume ntation needed to do business with Ukraine. In 
particular, the documentation process of licenses, permits, certificates etc. is a recurrent and unpredictable barrier for trade. 
 
EU question No 5: Could Ukraine clarify whether they are planning to simplify the current regime 
and how?  
 
Answer: The following steps have been already taken in order to simplify the current regime: 
 Reduction of the number of permits from 143 to 84 (41%). 
 Cancellation of mandatory certification for 90% of goods, including the mandatory 
 certification of new cars. Acceleration of the provision of phytosanitary certificates.  Cancellation of quarantine certificates. 
 Establishment of Better Regulation Delivery Office. 
 Cancellation of licenses for export  and import of non-ferrous metals. 
 Cancellation of licenses for export and impo rt of compact disks and equipment for their 
 production. 
 
3.2.8 Customs valuation Paragraph 3.39, page 
The EU welcomes the new Customs and Tax Codes ad opted by Ukraine by the date of accession to 
the WTO which should aim at simplified the procedures with respect to customs valuation together with diminishing the number of permits required for customs clearance. However, the EU has recently received a number of complaints from EU  companies concerning the actions by Ukrainian 
customs in relation to customs valuation. This includ es the transfer of the classification of goods to WT/TPR/M/334/Add.1 
 
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  another HS code (equivalent to artificial increase in value), as well as application for valuation 
purposes of prices different from the market value, as well as significant delays and dispute on custom valuation due to the fact that the custom authorities often question the valuation presented in the documentation. 
 
EU question No 6: Is Ukraine planning any reform to its current system aiming at reducing costly 
delays and at having a clear, transparent and predictable valuation system?  
 
Answer: Ukraine is in the process of strengthening capacity of customs officers on customs 
valuation in accordance with the WTO Agreement on Implementation of Article VII of GATT 1994. 
Customs valuation will be an integral part of Ukraine's plan in modernizing its risk management 
system. Customs officers will be required to fo llow risk management wi th the aim of accepting 
transaction value for majority of import transactions.  Ukraine has in place a mechanism for issuing advance rulings on classification which traders may 
use. Ukraine plans to build greater awareness of  this mechanism within the business community.  
Both administrative and judicial appeals are available for traders in connection with customs issues including valuation. The administrative appeal on refund of overpayment is decided within 
15 working days and the overpayment shal l be refunded within 5 working days. 
 3.3.1 Export procedures and requirements Paragraph 3.57, page 54 
The report states that the registration, with the Ministry of Economic Development and Trade, is 
required for contracts for exportation of scrap metal.  
EU question No 7: Could Ukraine explain the rationale for the registration of these contracts and 
confirm that it does not amount to a non-automatic export licensing procedure?  
 
Answer: Registration of contracts for exportation of scrap metal is aimed at preventing illegal 
exportation beyond allowed amount so as to ensure supplies on domestic market. In 2016, the procedure for registration established by the Cabinet of Minister's Resolution No. 155 of 2002 was adopted in the new edition. As compared to the previous years, contracts for 2016 were already 
registered on a more competitive basis with more exporters being registered. In addition, review 
of international contracts for export of scrap metal filed for registration is in line with WTO rules and is conducted according to the rule of simultaneous consideration. 
 
3.3.3 Export restrictions Paragraph 3.61, page 58 
The report states that Article 17 of the Law "on Foreign Economic Activity" prohibits exports of 
"limited natural resources (with a corresponding restriction applicable to domestic consumption or production)".  
E U  q u e s t i o n  N o  8 :  Could Ukraine clarify which measures are implemented pursuant to 
Article 17 (ii)?   
Answer: According to Article 17 of the Law "On Foreign Economic Activity", export of limited 
natural resources can be restricted. The only prohibition under this Article has been on timber due to critical shortage. 
 
Paragraph 3.62, page 59 The report states that exports may be restricted to ensure the supply of domestic raw materials for processing industries when the domestic price of such materials is lower than the world market 
price. In such cases, the restrictions should be accompanied by a Stabilization Plan from the 
Cabinet of Ministers. Furthermore, since 1 November 2015, a ten-year export ban has been in place for unprocessed timber, noting that the measure has been put in place, according to the 
Ukrainian authorities, to address a shortage of  oak logs as the available volume would be 
insufficient to satisfy the needs of local processing enterprises.  
EU questions No 9-10: In reference to the ten-year export ban on timber, could Ukraine explain 
how this measure is compatible with Art. XI of the GATT? Does Ukraine have any plan to lift the ban? 
 WT/TPR/M/334/Add.1 
 
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  Answers: The Government of Ukraine has prepared a Draft Law amending the Law № 325-VIII of 
9 April 2016, which provides for revocation of the ban in question and improves transparency of 
wood sales administration.  
3.3.6 Intellectual property rights 
Paragraph 3.151 In Ukraine there is a significant problem with the operation of illegal or "rogue" collective 
management organizations, i.e., associations that collect royalties by falsely claiming they are 
authorized to do so. Such organizations tend to operate without adequate transparency and rarely 
distribute the royalties that they collect for the right holders entitled to this remuneration. In the EU's view, Ukraine should implement a fair an d transparent system for authorizing collective 
management organizations as soon as possible and should also provide right holders with a fair 
and transparent mechanism for enforcing their rights.  
EU question No 11: How is Ukraine going to solve the problem of the unauthorized collective 
management organizations? In particular, please describe which are the measures contained in the 
draft bill for the improvement of the collective ri ght management of copyright and related rights. 
In the response, please elaborate also which rules will guarantee that both the Ukrainian and 
foreign authors and neighbouring right holders are duly remunerated for the use of their works and performances and that the collection, management and distribution of the royalties will be carried out in a transparent manner.  
 
Answer: The Draft Law № 2943 as of 21 May 2015 "On Amendments to some legislative acts of 
Ukraine concerning improvement of the collectiv e management of copyright and related rights" 
was recalled from the Parliament. A new is draft law is under preparation and soon it will be 
submitted to responsible state bodies for approv al according to the Regulation of Cabinet of 
Ministers of Ukraine. 
The Ministry of Economic Development and Trade established inter-ministerial working group 
aimed at developing conceptual framework for reforming intellectual property system. In 
particular, reorganization of the system of collective management of proprietary and related rights 
shall include: 
 
 bringing in compliance with national legislation on adjusting activity of national collective 
 management organizations with the provisions of the acts of the EU legislation; 
 transparency of activities of collective management organizations, and proprietary related 
 rights; 
 the introduction of a transparent mechanism for the collection, distribution and payment of 
 compensation to the subjects of copyright and related rights; 
 determination of the amount of equitable rem uneration for the use of copyright and related 
 rights; 
 improvement of the procedure for determining the amount of payment for the management 
 of property rights provided by collective management organizations from the sum of 
 collected remuneration as well as validity an d rationality of such deductions regarding the 
 services provided by collective management organizations of copyright holders; 
 permanent control by Ministry of Economic Development and Trade over activities of 
 collective management organization s and proprietary related rights; 
 establishing in a public and transparent manner the new collective management 
 organization through transformation of Public Organization "Ukrainian Agency of Copyright 
 and Related rights" in the non-governmental organization of collective management, which 
 will collect the fee (royalty). 
 
Activity of this collective management organization will be guided through nominating 
management bodies in accordance with the Charter and control its operation exclusively by the 
members of this collective management organizations – national authors, performers and 
producers. Foreign copyright holders and collective management organizations will receive 
royalties in Ukraine in certain areas specified in the law through collective management 
organizations. 
 
Paragraph 3.152, Page 82  The report confirms that the black market for counterfeit and pirated goods remains significant in Ukraine. The Ukraine Alliance Against Counterfeiting and Piracy estimates that sales of fake goods WT/TPR/M/334/Add.1 
 
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  represent a turnover of US$1.3 billion in Ukraine each year. Most of such goods are imported 
according to the Report.  EU question No 12: Please provide more information on the draft laws (summarizing the specific 
rules) related to IPR enforcement and border measures Ukraine intends to introduce as well as on 
the actions Ukraine plans to take in order to combat counterfeiting and piracy. In the response please also elaborate in more detail on the concrete measures Ukraine wants to take to stop the 
counterfeiting of agrochemicals.  
 Answer: The Draft Law № 3681 "On Amendments to the Customs Code of Ukraine concerning 
Protection of Intellectual Property Rights in Crossi ng Border of Ukraine" as of 21 December 2015 is 
currently under discussion in the Parliament. The aforementioned draft law implements provisions 
of Regulation (EU) No 608/2013 of the European Parliament and of the Council of 12 June 2013 
concerning customs enforcement of intellectual property rights and repealing Council Regulation 
(EC) No 1383/2003. The draft law is aimed at expand ing the list of object of intellectual property 
subject to protection when crossing border; introducing new definition of terms "goods, violating intellectual property rights", "counterfeit good s", "pirate goods"; expand the scope of persons 
subject to seeking protection of intellectual prop erty rights when moving goods across the customs 
border of Ukraine; expand the list of customs regimes, subject to protection of intellectual 
property rights; exclude protection of intellectual property rights regarding parallel imports and for 
goods in transit; establish a mechanism for the application of safeguards to prevent misuse of 
intellectual property rights in foreign economic activity; strengthen measures to prevent and 
timely respond to movement of counterfeit goods in international mail or international express 
shipments, in particular by introducing a special procedure for the destruction of small 
consignments of goods suspected in violating intell ectual property rights; introduce the option of 
pre-scheduled release of goods subject to customs clearance suspension based on suspicion of violating intellectual property rights. 
 
Paragraph 3.154, page 83  As mentioned in the report, according to the United States Trade Representative, Ukraine continues to host some of the largest pirate sites in the world. It is acknowledged that cybercrime 
and cybersecurity represent a complicated challenge for Ukrainian officials according to the Report.  
 EU question No 13: Please provide more details about the measures Ukraine plans to take in 
order to prevent internet-based intellectual prop erty theft. In the answer please specify how 
Ukraine intends to reform the liability of intermed iary service providers and close the pirate sites.   
 
Answer: The Ministry of Economic Development and Trade of Ukraine developed draft law "On 
Amendments to Certain Legislative Acts of Ukrain e on Regulation of Copyright and Related Rights 
Issues in Internet". This draft law was publicly di scussed, due notes were taken from civil society, 
stakeholders, associations. On 23 October 2015 the draft law was submitted to the Parliament and 
is being under consideration of the relevant committees. This draft law is aimed at introducing 
transparent, predictable and effective mechanism of ceasing violations of intellectual property rights and eliminating violations of IPRs in the Internet. The draft law establishes mechanisms of 
countermeasures against repeated infringement of copyright and (or) related rights in the 
Internet; introduces responsibility of website owners which place information on its websites, as well as information intermediaries liable for non-compliance to address violations of copyright and 
(or) related rights, if the relevant parties in volved were informed respectively about such 
violations. The draft law implements Articles 12-15 of the Directive 2000/31/EC of the European 
Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market ('Directive on electronic 
commerce'). 
 3.4 Measures Affecting Production and Trade 
3.4.1 Subsidies and 4.1.4 Export measures (AGRI) 
Page 60 and 89  EU companies experience difficulties with reimbursement of VAT; in particular, with long delays in 
finalizing reimbursements. 
 E U  q u e s t i o n  N o  1 4 :  Is the Ukrainian Government envisaging any changes in its structural 
process regarding to taxes that will help to address this problem?  
 WT/TPR/M/334/Add.1 
 
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  Answer: On November 14, 2014, the Ministry of Fi nance of Ukraine issued Order No. 1128 "On 
Approval of Determining Compliance Taxpayer Valu e Added Criteria entitled to Receive Automatic 
Budgetary Compensation of Value Added Tax" wh ich established a transparent process for VAT 
refund. VAT refunds are being reimbursed either in cash or applied against tax liabilities of VAT tax 
payers: Major progress has been achieved in 2015 with respect to the refund of VAT. The current 
period for processing VAT refund has been reduced to around two months.  
 
3.4.1 Subsidies (see also 2.3.2.1 European Union – regional and preferential 
agreements) The EU welcomes the resolve Ukraine shows in im plementing a state aid control system. A state 
aid (framework) law was already introduced two year s ago, allowing a three year transition period 
until it becomes fully operational mid-2017. A state aid unit has been set up in the Anti-Monopoly 
Committee of Ukraine (AMCU) and they are working on the secondary legislation.   
EU question No 15: Could Ukraine give more information on any sector they want to focus on in 
the near future?  
Answer : In the near future the AMCU is going to focus on: 
1. working out state aid (admissibility) assessmen ts criteria and also the procedure of the 
 recovery of unlawful state aid; 2. accomplishing the started Pilot Project on gene rating the register of existing state aid 
 programs and measures in the Ukrainian energy sector and also assessment of its 
 influence on competition; 3. raising public awareness on state aid issues. 
 
3.4.3 Sanitary and phytosanitary measures  Paragraph 3.94, page 65  
Under the International Plant Protection Convention (IPPC) rules, when a country sends a 
consignment that is not compliant with phytosanitary rules (eg: a pest is found or there is a problem with the phytosanitary certificate), th e receiving country will send a non-compliance 
notification, and the sending country is obliged to respond. 
 
EU question No 16: The EU would be interested to hear about the arrangements that have been 
put in place by the Government of Ukraine to ensu re that they are meeting their obligations under 
the IPPC and responding to non-compliance notifi cations. As the EU and its Member States have 
had several non-compliance notifications that, to da te, appear to be without a response from the 
Ukraine, it would also be helpful to know when to expect the Ukraine to address these 
notifications.  
 Answer: Ukraine, as all Member States to the IPPC in  implementing international trade in plants 
and plant products, strictly follows the ISPM st andards and phytosanitary requirements of the 
importing countries. In cases where any problematic issues (related to the identification of 
significant instances of non-compliance of imported goods with the established phytosanitary requirements, including the detection of specified regulated pests) arise, the parties shall 
exchange notifications in accordance with the ISPM №13 provisions "Guidelines on notification of 
non-compliance and emergency action".  Pursuant to paragraph 9.1 ISPM №13: "The exporting country should investigate significant 
instances of non-compliance to determine the possible cause with a view to avoid recurrence. 
Upon request, the results of the investigation should be reported to the importing country." In all cases upon the receipt of notifications, the Ukrainian side holds investigations and takes measures to avoid recurrence of such cases. Upon the request of the importing country, the 
situation that caused the receipt of the notification is being described, along with the measures 
that were taken by the Ukrainian side. Please provide information on notifications on which the EU National Plant Protection Organizations 
would like to receive answers. 
The newly established body, State Service of Ukra ine on Food Safety and Consumer Protection, 
will be responsible for providing answers to al l notifications received from the EU in 2016. 
The current situation on the increasing number of notifications obliges Ukraine to strengthen 
control of goods and packaging material that are destined for export. In addition, in case of a 
violation of the phytosanitary requirements of Uk raine when importing plants and plant products, 
the notifications are sent to the exporting countries. WT/TPR/M/334/Add.1 
 
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  In 2015 Ukraine sent 420 notifications, 186 of which were sent to the EU countries. In 2016 the 
number of notifications amounted to 76, 47 of which were sent to the EU.  There were several cases of plants and plant pr oducts contamination by quarantined organisms 
detected in Ukraine. 
Thus, upon the results of phytosanitary procedures conducted when importing both in 2015 and 
2016, the Ukrainian side sent 19 notifications to the EU regarding the detection of western flower thrips. 
Furthermore, due to the repeated detection of western flower thrips in fresh salads and cabbage 
(33 cases) which were imported from the EU to Ukraine, a temporary ban on the import of a number of related objects of regulation from Spain was imposed.  
Paragraph 3.103, page 68 
The requirements for products subject to veterina ry surveillance and control are set out in Order 
No. 71 of the Ministry of Agrarian Policy and Food . However, some of the requirements stated in 
this Order are not in line with international stan dards. Ukraine is currently amending the above-
mentioned Order.  
EU question No 17: When it is foreseen that the Order No.71 is amended and all the 
requirements set out in the Order are in line with international standards?   Answer: A working group has been established to prepare amendments for Order 71 in line with 
OIE standards. A draft is expected in 2016. 
 E U  q u e s t i o n  N o  1 8 :  Will be the international certificate mentioned in the same paragraph 
included in this re-written Order? 
 Answer: The international certificate will not be included in this revised Order. 
 
3.4.7 Government procurement EU questions No 19-20: Since Ukraine will become Part of the GPA as from May 2016, which are 
the measures that Ukraine is considering for en suring more transparency and security in the 
tendering procedures? In particular, could Ukraine describe which are the measures, if any, that it 
will take for improving the principles of public ity, of equal access and of non-discrimination? 
 
Answer: The Prozorro website will be used by the government of Ukraine to centralize all 
information relevant to government procurements including award information ad well as pubic procurement related laws and regulations. Th e Prozorro system is designed to improve 
transparency and to provide broad and equal access without any discrimination. 
In accordance with the Law on Public procurement open access to all information on tenders and tendering processes is published on Prozorro.  
3.4.8 State trading, state-owned enterprise s, and privatization (also para 3.40 of 
Government report) The report describes the SOE reform launched by Ukraine in 2015. 
 
EU questions No 21-23: Will the « SOE Reload » task force continue its activities in 2016 and 
what will be its priorities for the forthcoming months? Since 2015, all SOEs have had the obligation 
to publish their financial statements, as recalled in paragraph 3.40 of the Ukrainian report. How 
many have already done so? As regards the audits  conducted by internationally recognised firms 
on the largest SOEs, how many have now been launched and how many completed?  
Answer: The "SOE Reload" task force is still in operation. Together with the Ministry of Economic 
Development and Trade of Ukraine "SOE Reload" w ill concentrate its activities on reaching the 
following goals: 
 
 Reduction of SOEs losses due to economic stabilization and growth potential. Increasing the 
 efficiency of SOEs and improving their management. 
 Transparent and competitive privatization of the "Odessa Port Plant" and "Centrenergo" - 
 attraction of foreign investors.   Mandatory independent audits of SOEs. 
 New CEOs for SOEs (in 2015 - 98 new, 9 of them - the biggest enterprises).  
 Market salaries for CEOs of SOEs.  WT/TPR/M/334/Add.1 
 
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   Establishment of professional supervisory bo ard with independent members (non-officials) 
 for Naftogaz - less politics and more economics.  Implementation of a new corporate governance structure for Ukrazalinytsa. Completion of 
 Ukrpost corporatization (transformation into a joint stock company).  
  
Starting from April 2016 the State Property Fund will publish on its web site (www.spfu.gov.ua) and on the Unified State Web Portal of Open Data  financial statements of the state enterprises 
whose property management functions are delegated to the Fund and its regional branches due to 
the decision on their privatization.  Additionally, overview of Ukraine's Top-100 Stat e-owned Enterprises (9 moths of 2015) prepared 
by "SOE Reload" together with the Ministry of Economic Development and Trade of Ukraine 
provides for the analysis of the activities of 94 largest state-owned enterprises based on their 
financial statements.  
Concerning audits: 
  Six enterprises already have completed such audits for 2014 
 Ten enterprises have signed contracts with accounting firms 
 Thirteen enterprises are holding tenders in this regard 
 3.4.10 Competition policy 
The EU welcomes the progress made with regard to competition policy, despite a substantive cut 
in the budget of the Anti-Monopoly Committee of Ukraine (AMCU) as mentioned in 3.142. We note the recent improvements as regards merger control (increase of the merger notification threshold, 
simplified procedures), the law imposing the AMCU to publish its decisions and the introduction of 
a methodology to calculate fines.   
EU questions No 24-25: What would be the next element on which the AMCU will be asked to 
focus, besides implementation of the recent re forms? Moreover, as regards the budget of the 
AMCU, what are the perspectives for the years to  come and what would be the impact on the 
enforcement activities? 
 
Answer: Besides the implementation of these reform s, the AMCU will be mainly focusing on: 
 
1. prioritization of the AMCU's activity; 
2. developing communication with civil society; 
3. improving efficiency of the AMCU's enforcement practices; 
4. developing international cooperation; 
5. elaborating documents explaining the principles used in the assessment of horizontal 
mergers; 6. taking all necessary measures in order to establish state aid monitoring and control system, 
in particular elaborating and adopting secondary legislation, and providing general, regional and 
sectoral training programs for the authorized and concerned bodies' stuff. The overall budget of the AMCU since 2014 has increased in UAH terms on 34.72% but in 
US dollar terms has decreased on 37.62%. 
 The budget cut is not expected to dramatically a ffect the AMCU's enforcement activities. The AMCU 
understands existing budgetary problem and the EU's  concern on that and in order to change the 
situation the AMCU is now holding consultations with the Ministry of finance of Ukraine concerning the increase of the AMCU's budget.  
 
4 TRADE POLICIES BY SECTOR 4.1.3 Domestic support 
Paragraph 4.9, page 87 
According to the report, in 2013 the Agrarian Fund was corporatized as a state-owned enterprise (PJSC Agrarian Fund). However, the specialized government agency (Agrarian Fund) and the PJSC 
Agrarian Fund currently exist in parallel, apparently for legal reasons which prohibit the transfer of 
assets to a corporation. In addition, Paragraph 4.28 of the report states that the State Food and Grain Corporation of Ukraine (SFGCU) were established in 2010 as the successor to the state-owned company Khlib Ukrainy (Bread of Ukraine). The 100% state-owned enterprise is one WT/TPR/M/334/Add.1 
 
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  of the main operators on the grain market, whose activities include the storage, processing, 
shipping, and export of grains.  EU question No 26: Does the Ukraine intends to notify about SFGCU and PJSC Agrarian Fund 
activities in accordance to the transparency prov isions agreed under the 10 Ministerial Conference 
in Nairobi on export competition ?  
Answer: Ukraine abides by the transparency provisions of the WTO and will take necessary steps 
accordingly.  Paragraph 4.12, page 88 (also gove rnment report paragraph 2.15) 
Reference is done to the "VAT accumulation " regime, currently valid until 1 January 2017. 
 EU question No 27: Could Ukraine clarify whether, as from 1 January 2017, the current "VAT 
accumulation" regime will be suppressed? 
 Answer: As of 1 January 2017, the current "VAT ac cumulation" regime will be suppressed. 
 
EU question No 28: Could Ukraine clarify if, as from 1 January 2017, the revenues from VAT on 
agricultural products will continue to be accumulated into a separate account?   
Answer: Up till 1 January 2017, the revenues from VAT on  agricultural products will continue to 
be accumulated on a separate account.  
Paragraph 4.13, page 88 
Reference is to the domestic support provided to vineyards mentioned in the report.  
EU question No 29: Could Ukraine provide more detailed information on this type of subsidies?  
 Answer: Funds were spent in promotion of new vineyards. 
 
4.1.5 Level of support 
Paragraph 4.20, page 89  The report refers to the level of domestic support for agriculture. Data (from the entrance into the 
WTO) shows a substantial increase in spending under the Green Box on General inspection and 
specific product inspection services for purposes of  health care, safety, grading of standardization. 
 
E U  q u e s t i o n  N o  3 0 :  Could Ukraine provide more detailed information on for this type of 
spending?  Answer: Please note that there was no substantial in crease in the spending under the green box, 
if considering inflation and currency devaluation.  
 The expenses within "green box" are mainly for inspection services and inspection of certain 
products to check compliance with sanitary norms, safety, quality and standards requirements 
contain:  
 development in the area of standardisation and certification of agricultural products; 
 related to activity of agricultural establishmen ts for plan quarantine, veterinary medicine and 
protection of plant variety and inspection of agricultural products; and  laboratory activity on safety and quality of agricultural products. 
 
4.1.6 Selected agricultural products Pages 90-91 
The report refers to the different domestic support provided for specific agriculture products (in 
particular for grains). In addition, Paragraph 4.29 of the WTO Secretariat's report refers to the fact that Ukraine has recurrently implemented export re strictions in recent years. The European Union 
notes that in the past, the Minister of Agrarian Policy and Food of Ukraine has imposed bans or 
restrictions on wheat exports.  WT/TPR/M/334/Add.1 
 
- 33 - 
 
  EU question No 31: Does Ukraine intend to separately submit to the WTO an ES:2 notification for 
2015 including total exports of wheat and wheat flour for which Ukraine is a significant exporter according to document G/AG/W/123?  
Answer : In fact, Ukraine is considering the opportunity to provide this additional notification in 
line with the Committee of Agriculture most updated understandings. Ukraine attaches strong importance to the Nairobi Ministerial Decisions on Export Competition and looks forward to 
continual reductions in and elimination of agricultural export subsidies. Ukraine is pleased to 
confirm that no export subsidies have been used.  EU question No 32: Would Ukraine provide explanations of the reasons behind introducing this 
measure and of its compatibility with WTO rules?  
 Answer: There are presently no bans or restrictions on wheat exports. Export quotas of wheat 
were last applied on a temporary basis from 4 October 2010 until 30 June 2011. This measure was 
compatible with Article XI of the GATT and Article 12 of the Agreement on Agriculture. 
Ukraine experienced in 2010 adverse weather conditions during maturation and harvesting of 
crops, especially draught in summer. This ha d a negative influence on the vegetation and 
formation of poor agricultural harvest, which contributed to significant shortages in production 
indicators. 
Shortages in the production of grain in this marketing season caused an increase in world market's 
prices at first and subsequently domestic prices. 
It should be noted that at the beginning of the October, namely the moment of the adoption of the 
Resolution of the Cabinet of Ministers of Ukraine co ncerning the export restrictions on grain, there 
were only 79 percent of the necessary gr ain volume at the state food stock. 
 
Thus the necessity of the adoption of the relevant export quotas was stipulated by: 
 
 Reduction in the grain harvest in 2010/2011 marketing year by 25 percent compared to the 
 previous season; 
 Rapid growth in prices for grain at the domestic market at the beginning of the marketing 
 season, that is at the period of its most supply; 
 Lack of grain at state and regional resources; 
 Limited facilities to export rye and barley; and 
 Deficit of buckwheat at the domestic market. 
 EU question No 33: Does Ukraine intend to notify these export prohibitions or restrictions to the 
WTO Committee on Agriculture as far in advance as practicable, as referred under Article 12 of the 
Agreement on Agriculture?  Answer: Ukraine notified the WTO in a timely fashion concerning export quotas on wheat in 2010 
(G/AG/N/UKR/5 as of October 28, 2010). There are presently no export prohibitions on agricultural 
goods. In case such is introduced in the future , Ukraine, as a matter of standard practice, will 
notify them to the WTO Committee on Agriculture as far in advance as practicable, as referred 
under Article 12 of the Agreement on Agriculture. 
 Paragraph 4.29, page 91 
The report refers to the fact that Ukraine has recurrently implemented export restrictions in recent 
years. The European Union notes that in the past, the Minister of Agrarian Policy and Food of Ukraine has imposed bans or restrictions on wheat exports.  
EU questions No 34-35: Would Ukraine provide explanations of the reasons behind introducing 
this measure? Does Ukraine intend to notify th ese export prohibitions or restrictions to the 
WTO Committee on Agriculture as far in advance as practicable, as referred under Article 12 of the 
Agreement on Agriculture? 
 Answer: See replies to the previous two questions. 
 
Paragraph 4.31, page 92 The report refers to " the 2012/13 marketing year, the where export policy for grains has been governed by a memorandum of understanding signed  before the beginning of each marketing year 
between the Ministry of Agrarian Policy and F ood and representatives of grain exporters and WT/TPR/M/334/Add.1 
 
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  producers. If exports of any type of grain reach 80%  of the agreed level, the Ministry could review 
the conditions of trade. According to the authorit ies, exceeding the "agreed" export volumes does 
not necessarily trigger the introduction of export restrictions. The "agreed" export volumes for the 
marketing year 2015/16 are 16.6 million tonne s of wheat, 16 million tonnes of maize, 
3.9 million tonnes of barley , and 8,000 tonnes of rye." 
 E U  q u e s t i o n  N o  3 6 :  Could Ukraine clarify who are the representatives of grain exporters and 
producers included in this process? Please indicate  to what extent they represent/cover the sector 
concerned and whether users (e.g. mills) are also consulted.  Answer: The Ukrainian Grain Association (association of  producers, processors, and exporters of 
grain) is the main representative of the private sector in this porcess. Traders represented in the 
Ukrainian Grain Association exports over 90 percent of Ukrainian grain. Its members include grain producers, processors (including mills), trading co mpanies, subsidiaries and representative offices 
of international trading houses, transporting and shipping agencies, and media companies. 
 EU question No 37: Does Ukraine plan to use this type of relatively soft market instrument on a 
permanent basis or are there any alternative plan in the pipeline?   
 Answer: There is no alternative plan at this point. 
 
EU question No 38: Is there any kind of break-down (or quota) of the national "agreed export 
volumes" (i.e. by region or by calendar month, etc.)? 
 
Answer: There is no any kind of break-down (or quota) of the national "agreed export volumes" 
(i.e. by region or by calendar month, etc.)?  
Paragraph 4.36  
The report refers to the numerous concerns raised by Members in the Committee on Agriculture about Ukraine's current AMS notification for sugar, in which the fixed external reference price of its 
price support calculation was adjusted for inflation. According to the authorities, the inflation 
adjustment was warranted in order to reflect the true level of support. Legislation drafted by the 
M i n i s t r y  o f  A g r a r i a n  P o l i c y  a n d  F o o d  i s  p e n d i n g  t h a t  w o u l d  r e m o v e  t h e  a d m i n i s t e r e d  p r i c e s  f o r  sugar and the A-quota for sugar (Draft Law No . 2856 of 18 April 2013 "on Amending the Law of 
Ukraine 'On State Regulation of Production and Sale of Sugar' (the production and supply of sugar 
to the domestic market)".   
E U  q u e s t i o n  N o  3 9 :  Could Ukraine provide more detailed information on how and when the 
administered prices for sugar and the A-quota for sugar would be removed?  Answer: Draft Law No. 2856 of April 18, 2013 was withdrawn in 2014. Draft Law No. 4172 "On 
canceling the invalidity of some laws of Ukraine on state regulation of production and sale of 
sugar" provides for full cancellation of administra tive regulation of sugar-beet industry, including 
the annual determination of the government minimum price for sugar. The said draft was 
considered at a meeting of the Committee on Agrarian Policy , which was held on March 15, 2016 
and was recommended to Verkhovna Rada of Ukraine for adoption. The Draft Law will come into effect after adoption by the Verkhovna Rada, si gning by the President, and publication in the 
official gazette of Ukraine. 
 4.3.1 Electricity Paragraph 4.66, ppage 101 
The royalty rates for gas and other hydrocarbon productions have been amended in late 2015 and 
brought back to the level before the sharp increase in 2014.   
EU questions No 40-41: Is the Ukrainian Government considering further changes to these 
royalties with a view to making Ukraine more attractive for foreign investors or does it want to keep the current rates? What is the expected impact of the changes made in 2015? 
 
Answers: Following the tax reform in the end of 2015, new royalty rates were established. In 
particular, the subsoil use taxes for natural gas are currently fixed at 29% of the value of gas 
extracted for deposits that are located at depths up to 5,000 meters and 14% for deposits located 
deeper than 5,000 meters. The rates for PJSC "Ukrgasdobycha" from 1 January 2016 to WT/TPR/M/334/Add.1 
 
- 35 - 
 
  1 April 2016 are fixed at a temporary 70% rate (for deposits up to 5,000 meters), afterwards at 
50% till the end of 2015, and as of 1 January 2017 at a permanent rate of 29%. The rate for 
deposits deeper than 5,000 meters is fixed at 14%. The royalty rates for extraction of other minerals remained unchanged. (Law No. 909-V III of 24 December 2015). The Government of 
Ukraine expects to receive additional revenue to the state budget by increasing subsoil tax. 
 WT/TPR/G/334 – Ukraine's Report  
2 MACROECONOMIC AND TRADE POLICY REGIMES,  
2.2 Fiscal Policy Paragraph 2.15, page 7  
According to the report, in December 2015, the Ukrainian Parliament adopted a comprehensive tax 
reform which immediately entered into force. Howe ver, in paragraph 2.15 of the Ukrainian report, 
it is stated that "a new tax reform will envisage reducing the tax burden on the payroll; creating tax incentives for de-shadowing of the business; simplifying and ensuring the stability of the tax 
legislation; creating equal competitive conditions for business activities by eliminating any tax 
preferences". However, the budgetary impact of any new tax reform has to be carefully assessed to ensure that Ukraine's fiscal sustainability is preserved. 
 
EU question No 42: When is this new tax reform planned to be submitted to Parliament and to 
enter into force?   
Answer: The above mentioned tax reform refers mainly to three legislative acts. One of them was 
adopted in December 2015 and which is already in  force (The Law of Ukraine "On Amendments to 
the Tax Code of Ukraine and Laws of Ukraine to Ensure the Balance of Revenue in 2016" of 
Ukraine December 24, 2015 No. 909-VIII). The other two were submitted to the Verhovna Rada of 
Ukraine and now are on the different stages of discussion. Draft No. 3357 Law "On Amendments to the Tax Code of Ukraine and on Tax Liberalizatio n" is still at the stage of discussion by the 
Committees of the Verkhovna Rada. Draft Law No. 3630 "On the Creation of Competitive 
Conditions in Taxation and Stimulating Economic Activity in Ukraine" now is waiting consideration by the parliament.  
3 TRADE RELATED REFORMS 
3.1 Trade Performance Paragraph 3.2, page 10 
According to the report, Ukraine has recently in troduced a large number of measures aiming at 
deregulating business activity in the country, in cluding through a substantial reduction of the 
number of permits, the cancellation of mandat ory certification for 90% of products, or the 
reduction of the number of economic activities subject to licensing, among others. 
 E U  q u e s t i o n  N o  4 3 :  One of Ukraine's commitments under the current EU macrofinancial 
assistance programme is to "reduce the number of permits and simplify permit and licensing 
procedures on the basis of a thorough analysis of their costs to businesses and their benefits to 
society". Has such an analysis been conducted?  
Answer: Yes, indeed. During the simplification process all the economical effects of such 
measures were analyzed by Ukrainian competent authorities.   WT/TPR/M/334/Add.1 
 
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  MEXICO 
Informe del Gobierno de Ucrania (WT/TPR/ G/334) (versión original en inglés): 
Pregunta 1 WT/TPR/G/334 • Ucrania; Informe de Ucrania; 3 TRADE RELATED REFORMS; 
3.5 Technical Regulation System Reform: 
Página 15, párrafos 3.58 y 3.59:  The first stage of the reform aiming at providing necessary 
legislative support for transition to the EU stan dards and regulations was completed at the end of 
2015 by adopting a necessary package of docume nts. In total, Ukraine adopted 47 technical 
regulations, 45 of which were developed based on the EU regulations and 41 technical regulations 
are already binding (e.g. 96% of pla nned EU Directives were adopted). 
3.59. In 2015, Ukrainian National Standardizat ion Body adopted 4,833 national normative 
documents (standards and amendments to standards), 2,651 of which were harmonized with 
International and European ones. Today the Nation al Standards Fund consists of 18,623 normative 
documents, including 11,662 national standards harmonized with International and European 
ones. 
 
México pregunta 1:  ¿De todos los reglamentos técnicos que aplica actualmente Ucrania, podría 
indicar, por favor cuáles regulan a los automóviles y bebidas alcohólicas, y si dichos reglamentos 
técnicos ya se encuentran armonizados con normas internacionales (o estándares) internacionales 
o de la Unión Europea?  Answer: Decree of the Cabinet of Ministers of Ukraine of 10.05.1993 № 46-93 "On 
Standardization and Certification" was amended in July 2014. According to these amendments 
food products (hence it follows that and al cohol products) are not subject to mandatory 
certification in the state certification system. Also, there are no technical regulations in Ukraine 
establishing requirements for alcoholic beverages.  
Today Ukraine takes measures for implementation of the European model of road vehicles certification within the framework of aligning national legislation in the field of ensuring safe 
operation of wheeled vehicles with relevant European legislation. 
In order to implement the Agreement on adoption of uniform technical prescriptions for wheeled vehicles, equipment items and parts, which can be fitted and/or used on wheeled vehicles, and on conditions for mutual recognition of official approv als issued on the basis of these prescriptions of 
1958 as amended in 1995, full transition from the procedure of mandatory certification of wheeled 
vehicles in the state certification system to proc edures of their designs approval was carried out 
since1 January, 2016. 
 
Pregunta 2 WT/TPR/G/334 • Ucrania; Info rme de Ucrania; 4 TRADE AGREEMENTS: 
Página 15, párrafo 4.1:  After joining the WTO, Ukraine continued to pursue further integrate into 
the global trading system as a means to achieve sustained economic growth. In the recent years 
Ukraine activated its work with trading partners, inter alia, by finalising negotiations on free trade zone with Canada and by restarting trade negotiations with Israel and Turkey.  
México pregunta 2:  ¿El Gobierno de Ucrania tiene intenciones de negociar en el futuro cercano 
acuerdos comerciales internacionales con países de América Latina?  
Answer: The Latin American region is an important trading partner of Ukraine. There are 
presently no plans by the Ukrainian government to conduct negotiations in the near future regarding the international trade agreements with the Latin American countries. 
 
Pregunta 3 WT/TPR/G/334 • Ucrania; Inform e de Ucrania; 4 TRADE AGREEMENTS; 4.3 
Canada: Página 17, párrafo 4.16:  On 14 July 2015, Ukraine and Canada have completed negotiations on 
the Canada-Ukraine Free Trade Agreement (CUFTA) and the document is currently being prepared 
for the ratification. The free trade zone should open 98% of the Canadian market for Ukrainian goods. In particular, import duties will be abo lished for all agricultural products except for 108 
tariff lines and all industrial goods, except some  types of cars (7-years transitional period 
application). Agricultural commodities, which are included in 108 tariff lines, could be exported at a zero rate within the Global Canadian tariff quota. In turn, Ukraine should abolish tariffs for 80% of 
Canadian goods from the subsequent abolition of tariffs for other products in three phases - over 
the next 3, 5 and 7 years. Free Trade Agreement between Canada and the Ukraine will create new 
opportunities for Canadian and Ukrainian companies, enhancing bilateral trade and economic relations between these two countries. WT/TPR/M/334/Add.1 
 
- 37 - 
 
  México pregunta 3:  ¿Qué tipo de automóviles conservarán sus aranceles conforme al periodo 
transitorio de 7 años de aplicación previsto en el Tratado de Libre Comercio Canadá – Ucrania?  Answer: The text of Canada-Ukraine Free Trade Agreem ent has been initialed. The information on 
this matter will be available after signing, ratifica tion, and coming into force of the agreement. This 
is expected by end of 2016.  
Informe de la Secretaría de la OMC (WT/TPR/S/334) (traducción al español) 
Pregunta 4. WT/TPR/S/334 • Ucrania; In forme de la Secretaría; RESUMEN: 
Página 8,  a los productores que tienen acceso a las cuentas del IVA con la finalidad de utilizar 
dichos uerdos comerciales internacionales párrafo 7: Ucrania aplica impuestos especiales sobre el 
consumo a la cerveza, el vino y los aguardientes; el tabaco y los productos de tabaco; los 
productos derivados del petróleo, el alcohol de snaturalizado y el biodiésel; los vehículos 
automóviles, y la electricidad. Los tipos impositivos se revisan cada año. En su mayoría son 
específicos y se fijan en la moneda nacional, en el caso de las bebidas alcohólicas y el tabaco, y en 
euros, en el del resto de los productos. El 1º de julio de 2015 Ucrania introdujo un sistema electrónico de gestión del IVA. El impuesto sobre el valor añadido (IVA) se aplica al tipo general 
del 20% tanto a las mercancías y los servicios producidos en el país como a los importados y, 
desde el 1º de enero de 2014, a un tipo reducido del 7% a los medicamentos registrados en Ucrania, los suministros médicos y el equipo destinado a ensayos clínicos. Las exportaciones, los servicios de transporte internacional, el mantenimiento de aeronaves que realizan rutas 
internacionales y los suministros a buques marítimos se gravan con un tipo cero. Entre las demás 
actividades no sujetas al IVA figuran los servicios bancarios, los servicios de seguro y reaseguro, los servicios de gestión de activos y las loterías. Se ha recurrido a las exenciones del IVA (y de los 
derechos de importación) por un plazo de tiempo limitado para promover determinadas industrias 
y proyectos, aunque de manera variable. Los regímenes del IVA que se aplican a la agricultura, la ganadería, la silvicultura y la pesca son especiales y bastante complejos: el IVA se calcula en 
función de la producción primaria nacional y se declara en consecuencia. Sin embargo, las 
cantidades recaudadas con el IVA no se remiten al Tesoro, sino que se acumulan en cuentas especiales que los productores pueden utilizar para financiar inversiones, bienes, insumos o servicios. El programa de ayuda interna a la agri cultura más importante de Ucrania con diferencia 
es el régimen de acumulación del IVA. 
 México pregunta 4:  ¿De qué manera elige Ucrania a los productores y/o sectores económicos 
que tienen acceso a las cuentas del IVA con la finalidad de financiar sus inversiones, bienes, 
insumos o servicios? ¿Qué criterios emplea para tal efecto?  
Answer: The special VAT regime (the accumulation of VAT at separate accounts) applies only to 
agriculture, fisheries and forestry.  As of 1 January 2017, the current VAT accumulation regime will be suppressed. 
In Ukraine, due to the absence of direct budget support, indirect public support through the special 
VAT regime was the only government support for farmers that was performed automatically 
without the intervention of the state, and was impo rtant to simplify tax relations in agriculture, 
reduce complexity and cost of tax administration.  
 
Pregunta 5. WT/TPR/S/334 • Ucrania; Info rme de la Secretaría; 2 RÉGIMEN DE 
COMERCIO E INVERSIÓN; 2.3 Acuerdos y Arreglos comercia les; 2.3.1 OMC: 
Página 27, párrafo 2.13:  Ucrania se adhirió a la OMC cuando ya estaba en marcha el Programa 
de Doha para el Desarrollo. Forma parte del grupo de Miembros de reciente adhesión y aspira a que sus compromisos y su posición única sean reconocidos por los demás Miembros de la OMC. Ucrania sostiene que la conclusión de las negociaciones sobre agricultura en la Ronda de Doha 
debería contribuir a establecer normas más previsibles y equitativas para el comercio de productos 
agropecuarios, tomando en la debida consideración factores como la seguridad alimentaria, la reducción de la pobreza y la lucha contra el hambre. Es partidaria de que se aborden en el marco 
la OMC las disciplinas sobre reglamentación y transparencia en la esfera de la seguridad 
energética. Aunque reconoce la legítima necesidad de los Miembros de establecer normas exigentes en materia de salud, medio ambiente, desarrollo o bienestar de sus habitantes, teme 
que estos esfuerzos puedan conducir a la creación de nuevos obstáculos al comercio. Concede 
especial relevancia al papel de la OMC en la observancia y el fortalecimiento de la transferencia de las medidas y los instrumentos de política comercial.  WT/TPR/M/334/Add.1 
 
- 38 - 
 
  México pregunta 5:  ¿Podría Ucrania explicar el sentido de sus propuestas o postura negociadora 
con respecto al comercio de productos agropecuarios en la OMC y/o en acuerdos de libre comercio?  
Answer : Ukraine has made significant contributions to trade liberalization within the framework of 
the WTO. The level of trade openness of Ukraine is  one of the highest in the WTO. However, some 
WTO Members have only 50% or less of their tariff lines bound, high currently applied and bound 
tariffs, export subsidies, and substantial domestic support under the "Amber box" that reflects 
dramatic inequal conditions of trade. Thus, Ukraine is interested in the abolition of measures that distort trade in agriculture and greater liberalization of market access for agricultural products as soon as possible. 
For Ukraine the main purpose of concluding FTAs is access to foreign markets on preferential 
conditions. Ukraine's official position in the framework of FTAs negotiations is based on national interests and deeper trade liberalization and grea ter economic cooperation with trading partners. 
Taking into account the level of liberalization committed by Ukraine in WTO we expect from our 
counterparts in negotiations adequate levels of liberalization.  
Pregunta 6. WT/TPR/S/334 • Ucrania; Info rme de la Secretaría; 2 RÉGIMEN DE 
COMERCIO E INVERSIÓN; 2.4 Régimen de inversiones: 
Página 37, párrafo 2.53:  La reglamentación cambiaria de Ucrania (sección 1.2) plantea ciertas 
complicaciones a los inversores extranjeros. Algunas de ellas se solventaron en 2010
2, cuando se 
suprimió la obligación de efectuar inversiones ex clusivamente a través de cuentas abiertas en 
bancos ucranios y se posibilitó la devolución anticipada de los préstamos concedidos por no residentes. También se eliminó la inscripción obliga toria de las inversiones. No obstante, conviene 
señalar que solo cuentan con protección aquellas inversiones que están inscritas en virtud de lo 
establecido en el artículo 12 de la Ley del Régime n de Inversión Extranjera. En la actualidad, la 
inscripción de las inversiones se realiza en las administraciones regionales o municipales, de 
conformidad con lo establecido en la Resolución Nº 139 del Consejo de Ministros, de 6 de marzo 
de 2013, por la que se adopta la Orden de inscr ipción estatal (reinscripción) de las inversiones 
extranjeras y su anulación.  
México pregunta 6:  ¿Cuáles son los activos de las inversiones, tanto inscritas como no inscritas 
conforme al artículo 12 de la Ley del Régimen de Inversión Extranjera que Ucrania protege conforme a su legislación?  
 
Answer: Resolution of Cabinet of Ministers of Ukraine № 139 "On Adoption of the Procedure of 
State Registration of Foreign Investment and Its Annulment" as of 6 March 201 provides the 
procedure for registration of foreign investments in Ukraine. This is an administrative procedure 
where registration is in principle automatic once application is properly completed with accurate information about the investment. Registration is completed within seven business days. This registration is available for all investors without any discrimination.  
 
Pregunta 7. WT/TPR/S/334 • Ucrania; Informe de la Secretaría; 3 POLÍTICAS Y PRÁCTICAS COMERCIALES, POR MEDIDAS; 3.2 Medidas que afectan directamente a las 
importaciones; 3.2.7 Prohibiciones, rest ricciones y licencias de importación: 
Página 55, párrafo 3.35.  Actualmente, los contingentes de importación (restricciones 
cuantitativas a la importación) se aplican únicamente en relación con las medidas de salvaguardia. 
Los contingentes se asignan mediante licencias no automáticas. El Consejo de Ministros aprueba 
cada año la lista de productos sujetos a licencias automáticas.
3 En 2015 se utilizaron licencias 
automáticas para cumplir los requisitos del Protocolo de Montreal relativo a las sustancias que agotan la capa de ozono y limitar los productos que contienen esas sustancias, así como para 
evitar prácticas engañosas en el sector de los policarbonatos ópticos y del equipo para la 
producción de discos para sistemas de lectura por láser (cuadro 3.10).  
México pregunta 7: ¿En qué criterios se basa el Consejo de Ministros de Ucrania para incluir 
determinadas mercancías en la lista anual de productos sujetos a licencias automáticas?   
                                               
2 Ley Nº 2155-VI, de 14 de mayo de 2010. 
3 En 2013, la carne y subproductos comestibles de las aves (SA 0207) y el tocino sin partes magras y 
grasa de cerdo o de ave (SA 0209) estaban sujetos a licencias automáticas. WT/TPR/M/334/Add.1 
 
- 39 - 
 
  Answer: According to Article 16 of the Law of Ukrain e No. 959-XII "On foreign economic activity" 
as of April 16, 1991, automatic licensing shall be defined as a set of administrative actions taken by an executive agency in charge of the economic policy to provide a party to foreign economic activities with a permit for the export (import) of commodities, which are not subject to quotas 
(quantitative or other restrictions), during a certain period. The automatic licensing of the export 
(import) as an administrative procedure of the ex ecution and issue of a license does not affect the 
commodities, whose export (import) is subject to licensing) in a restrictive manner. The automatic 
licensing of the import may be repealed in case of the termination of circumstances that 
constituted the ground for the introduction thereof, as well as in case of the existence of other procedures that can be used to tackle the tasks, for whose solutions the automatic licensing is implemented. 
 
Preguntas 8 a 10. WT/TPR/S/334 • Ucrania; Informe de la Secretaría; 3 POLÍTICAS Y 
PRÁCTICAS COMERCIALES, POR MEDIDAS; 3.2 Medias que afectan directamente a las 
importaciones; 3.2.10 Regímenes antidump ing, de derechos compensatorios y de 
salvaguardias: Página 58, párrafo 3.48.  Las empresas nacionales y los sindicatos de trabajadores de éstas 
pueden instar la adopción de medidas antidumping mediante la presentación de una denuncia ante 
el Ministerio de Desarrollo Económico y Comercio. El Ministerio lleva a cabo las investigaciones en colaboración con el organismo central encargado de las cuestiones fiscales y aduaneras (actualmente, el Servicio Fiscal Estatal) y la Comisión Interdepartamental de Comercio 
Internacional. Las investigaciones que dan lugar a la imposición de medidas se publican en el 
Uryadoviy Courier.  En relación con el párrafo 3.48, cuando un sindicato de trabajadores presenta una denuncia ante 
el Ministerio de Desarrollo Económico y Comercio para la adopción de medidas antidumping: 
 México pregunta 8:  ¿Cómo se conforma la rama de producción nacional de acuerdo con el 
artículo 4.1 del Acuerdo Antidumping? 
 Answer: According to Article 12.3 of the Law of Ukraine "On protection of the national producer 
against dumped imports" "Trade unions of employees  of the national producer's enterprises shall 
enjoy a similar right to filing a complaint to the Mi nistry according to the procedure, established by 
this Article". In case filing a complaint to the Ministry by trade unions of employees the general 
procedure for definition of the national producer is applied in accordance with Article 4.1 of the 
Agreement on Implementation of Article VI of GATT 1994 and Article 11 of The Law of Ukraine "On 
protection of the national producer against dumped imports". In general, Article 11 of Law "On Protection of National Producer against Dumped Im ports" implements provisions of Article 4.1 of 
the Anti-Dumping Agreement by setting forth pecu liarities of definition of national producer. 
 México pregunta 2:  En caso de que la empresa a la que dicho sindicato pertenece sea también 
importadora de la mercancía que se pretende sujetar a la investigación, ¿la autoridad la tomará en 
cuenta dentro de la conformación de la rama de producción nacional? 
 Answer : The general procedure for the national producer  definition is governed by provisions of 
Article 4.1 of the Agreement on Implementation of  Article VI of GATT 1994 and Article 11 of the 
Law of Ukraine "On protection of the national producer against dumped imports". In case the producers of similar goods in Ukraine are connected with the exporters or importers or 
they themselves are importers of goods the defini tion of the national producer is considered 
separately in each case on the basis of available and objective information.  See also previous reply.  
México pregunta 3:  ¿Cómo se cumple el umbral de representatividad conforme al artículo 5.4 del 
mismo Acuerdo?  
Answer: Part 6 of Article 12 of the Law "On Protection of National Producer against Dumped 
Imports" provides that anti-dumping investigation shall be initiated provided the Ministry and the Commission determine that the complaint has been submitted by a national producer or other 
person on his behalf. The complaint shall be considered submitted by the national producer or 
other person on his behalf if it is backed by those Ukrainian producers, whose aggregate production constitutes more than 50% of the tota l production volume of similar goods, produced 
by that part of national enterprises, which supports the complaint or expresses objections. 
However, no investigation shall be initiated, where the aggregate production with those producers, WT/TPR/M/334/Add.1 
 
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  supporting the complaint, constitutes less than 25% of the total volume of production of similar 
goods, manufactured by the national producer. In such case, where by the date of submission of 
the complaint to the Ministry this complaint is backed by those producers whose aggregate production constitutes 25 or more per cent (but less than 50%) from the total production volume 
of similar goods, produced by the national produc er, such an applicant has the support (or direct 
or indirect objections) of other Ukrainian producers, in order to establish, prior to the date of initiation of an anti-dumping investigation, whether or not such application is backed by those 
producers, whose aggregate production constitutes more than 50% of the total production volume 
of similar goods, manufactured by the national producer.   Pregunta 11. WT/TPR/S/334 • Ucrania; Info rme de la Secretaría; 3 POLÍTICAS Y 
PRÁCTICAS COMERCIALES, POR MEDIDAS; 3.4 Me didas que afectan a la producción y el 
comercio; 3.4.11 Controles de precios:  Página 88, párrafo 3.147: El Consejo de Ministros aprobó en 2008 los precios mínimos del 
vodka y otros productos alcohólicos.
4 El objetivo declarado era combatir la producción y 
comercialización ilegal de esos productos. Los precios mínimos, establecidos para las ventas al por mayor y al por menor, inicialmente se aplicaron sólo a las bebidas de producción nacional. Sin 
embargo, desde junio de 2014 el sistema se ha ampliado a las bebidas alcohólicas importadas. Los 
precios mínimos se ajustaron al alza con efectos desde el 1º de septiembre de 2015, pero persiste una diferencia notable según el tipo de bebida : whisky, ron, gin y ginebra (545 Hrv, precio 
minorista), coñac (de 420 a 470 Hrv) y vodka, licores y otras bebidas alcohólicas (274,5 Hrv).
5 Así 
pues, la reglamentación permite la venta del vodka, un producto del que existe una importante 
producción nacional, a precios inferiores a los aplicados a otras bebidas alcohólicas (principal o exclusivamente importadas).
6 
 
México pregunta 11:  ¿En qué criterios se basó el Consejo de Ministros para establecer el precio 
de 274.5 Hrv a las demás bebidas alcohólicas, además del parámetro consistente en el litro de 
alcohol puro? 
 
Answer:  The average market price of vodka brands co nsumed in Ukraine is generally lower than 
the average market prices for whisky, rum, gin and other spirits. 
 
Pregunta 12. WT/TPR/S/334 • Ucrania; Informe de la Secretaría; 4 POLÍTICAS COMERCIALES, POR SECTORES; 4.4 Manufacturas:  
Página 118, párrafo 4.85: El sector de los textiles, las prendas de vestir y el cuero representó 
en 2014 aproximadamente el 1% del producto industrial. Las industrias textiles y del vestido están controladas en gran parte por pymes privadas (cer ca de 2.000), que producen diferentes tipos de 
prendas textiles de vestir, incluidas prendas de piel y punto, en todas las regiones de Ucrania. 
Muchos fabricantes trabajan para empresas extranjeras según un "régimen de maquila".
7 Las 
prendas de vestir de marca se han desarrollado rápidamente en Ucrania, especialmente en las grandes ciudades como Kiev, Odessa y Lviv. En 201 5, el promedio de los aranceles NMF aplicados 
fue del 3,9% para los textiles y del 11,4% para las prendas de vestir, con crestas del 12,5% y del 
12%, respectivamente (cuadro 3.3).  
México pregunta 12:  ¿Podría Ucrania explicar con mayor detalle el funcionamiento de su 
"régimen de maquila"?  
Answer: The functioning of the maquiladora regime is governed by the Customs Code of Ukraine, 
Civil Code and Commercial Code. According to the Customs Code, it is a specific regime referred to "processing on the customs territory" according to which foreign raw materials' components are given to Ukrainian parties for processing - a particular customer provides a producer with raw 
                                               
4 Resolución Nº 957 del Consejo de Ministros, de 30 de octubre de 2008. La resolución ha sido 
modificada en 10 ocasiones, la última a través de la Resolución Nº 426, de 17 de junio de 2015. 
5 Los precios de las bebidas alcohólicas se calculan  por litro de alcohol puro, y el sistema también 
incluye las bebidas fermentadas (SA 2206). En el caso del vino en botellas de cristal, los precios mínimos se aplican sólo en el nivel minorista (de 27 a 49,9 Hrv). Consultado en: http://zakon5.rada.gov.ua/laws/show/957-2008-%D0%BF (en ucraniano). 
6 Según el informe de 2015 del Representante de los Estados Unidos para las Cuestiones Comerciales 
Internacionales (USTR, 2015), los precios mínimos apli cados desde junio de 2014 supusieron una caída del 
50% en las ventas de whisky estadounidense en Ucrania. 
7 Información en línea de East Invest, consultada en:: http://www.east-invest.eu/en/investment-
promotion/ukraine-2/UA-Textiles. WT/TPR/M/334/Add.1 
 
- 41 - 
 
  materials/goods etc. to be further processed/ma nufactured as a finished product and then re-
exported.  Currently such transactions constitute a specific type of import-export operations. The relations between a customer and a producer are based upon  payment and are of a sub-contractor nature. 
Foreign customer could import raw materials to Ukraine or purchase so-called "equivalent goods" 
on the Ukrainian territory. Such goods will be equivalent if they are identical to foreign goods in their description, technical characteristics and quantity.  
According to the Customs Code of Ukraine, re-expor t of processed/finished products produced with 
the use of equivalent products (prior to the import of foreign goods or prior to the completion of the processing operations) is permitted. The re -export process is regulated by the agreement 
concluded between consumer and producer. Importantly, in order to be fully exempted from the 
customs payments the processing should be perfor med according to all the conditions prescribed 
by the relevant legislation, particularly the Customs Code of Ukraine. The processing of some types of products may be  restricted or banned upon the decision of the 
Cabinet of Ministers of Ukraine. It also decides on the list of products, re-export of which is 
obligatory and may prohibit free circulation of this or that product on the territory of Ukraine. The Cabinet of Ministers is entitled to demand some financial guarantees from the owner of goods 
being processed on the territory of Ukraine.  
Currently, in order to avoid any delays in importation, foreign importers have a possibility to check whether there are some restrictions as to the goods that are going to be processed at the territory of Ukraine. The Resolution No. 461 of the Cabine t of Ministers, dated 21 May 2012 and Resolution 
of Cabinet of Ministers No. 295 of 27 March 2013 provide for the list the goods concerned. The 
Customs Code of Ukraine prescribes conditions and methods for the provision of financial guarantees. 
In the case when foreign importer cleared the goods and after that relevant customs office 
imposed restrictions/ban on them, their processing should be done according to the conditions that were effective at the time when such g oods were placed into processing regime. 
In order to import goods for their processing on the territory of Ukraine a foreign company must 
obtain written permission issued by the customs office within five working days starting from the date of registration of the application concerned. Such permissions are issued free of charge. The owner of the products could request a customs office to issue a preliminary decision as to the 
possibility of import for further processing on the territory of Ukraine.  
If foreign economic agreement envisages processing of products in separate consignments within a 
fixed period of time under the same conditions, th e permission will be granted for that particular 
v o l u m e  o f  g o o d s  a n d  t e r m  ( b u t  n o  m o r e  t h a n  one year) indicated in the agreement. The 
permission provides for the list of particular processing operations and relevant methods. The refusal to issue a permission could not be based on the country of origin of such products, country 
of dispatch, destination or if equivalent goods are present in Ukraine. 
If during the application for the permission foreign importer provided unreliable information or now breaches the Customs Code of Ukraine or other relevant act, his permission may be amended or revoked. 
Foreign goods imported for processing retains their status of foreign goods during the whole 
process. All the scraps and waste from processed goods also have a status of foreign goods and 
enjoy the same regime. In the case when producer uses Ukrainian goods for processing, such 
goods will be deemed as foreign goods after their exportation.  
As to the term of the processing operations, it is established by the customs office in the framework of permission procedure. The decision is made on case-by-case basis and is based on 
the number of factors related to processing. The term starts on the day of customs clearance 
completion. If there are valid reasons to prolong the term concerned, foreign importer may ask customs office to do this. According to the legislat ion, the term should not be more than 365 days. 
However, in the case of sophisticated processing operations the term may be longer (but this 
should be provided for by the relevant law). 
Till the re-exportation, the goods that are proc essed on the customs territory of Ukraine are 
subject to customs control. Relevant customs authorities have the right to perform inspections at 
the premises where processing takes place at any stage of the operation. They are also 
responsible for the control of the volume of pr ocessed/manufactured products. So, they compare 
the volume efficiency indicated in the document pr ovided for the permission to perform processing 
and the volume efficiency. In order to confirm the relevant volume data of such products, customs 
authorities may engage another state or experts. Central customs office could issue obligatory norms for products resulted from processing if processing operations are performed in accordance with a model/equivalent technical conditions 
with constant characteristics of the goods and their resulting products. WT/TPR/M/334/Add.1 
 
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  Pregunta 13. WT/TPR/S/334 • Ucrania; Informe de la Secretaría; 4 POLÍTICAS 
COMERCIALES, POR SECTORES; 4.5 Servicios;  4.5.3 Servicios de transporte; 4.5.3.1 
Transporte aéreo:  Página 128, párrafo 4.124:  En 2013 se empezó a negociar un acuerdo sobre una zona común 
de aviación con la Unión Europea, cuyos principales objetivos son la liberalización gradual del 
mercado de servicios de transporte aéreo en Ucra nia y la armonización de las normas de Ucrania 
sobre aviación civil con las de la UE. Según este acuerdo, podrá realizar vuelos en Ucrania 
cualquier línea aérea de un Estado miembro de dicho acuerdo, con lo cual aumentará la 
competencia. En 2015, el Aeropuerto Internacional de Lviv y el Aeropuerto Internacional de Odesa 
introdujeron unilateralmente un régimen de cielos abiertos para todas las líneas aéreas abarcadas por los acuerdos bilaterales de servicios aéreos. La s líneas aéreas podrán realizar vuelos a Lviv y 
Odesa sin ninguna restricción, siempre que obtengan un permiso de sus respectivas autoridades 
de aviación.  
México pregunta 13:  ¿A qué acuerdos bilaterales de servicios aéreos de los que Ucrania es parte 
les aplica este régimen unilateral de cielos abiertos?  
Answer : An open skies regime on a unilateral basis is not covered by any bilateral 
intergovernmental air services agreement concluded by Ukraine.  Pregunta 14.  WT/TPR/S/334 • Ucrania; Informe de la Secretaría; 4 POLÍTICAS 
COMERCIALES, POR SECTORES; 4.5 Servicios; 4.5.4 Servicios postales y de 
telecomunicaciones:  Páginas 136 y 137, párrafo 4.165:  Es preciso obtener una licencia para prestar servicios de 
telecomunicaciones locales, de larga distancia e internacionales a través de redes de línea fija o de 
telefonía móvil, que incluye el derecho de mantener y explotar redes de telecomunicaciones y alquilar canales de comunicación; la prestación de servicios de apoyo para el mantenimiento de las 
redes y para la explotación de redes de telecomunicaciones, redes de radiodifusión y televisión y 
redes de radio y televisión por cable. La NCCIR por lo general otorga licencias sobre una base no competitiva. En algunos casos esas licencias pueden otorgarse por concurso (por ejemplo, si la NCCIR limita el número de licencias). Según la Ley Nº 222-VIII, de 2 de marzo de 2015, de 
Concesión de Licencias para Determinados Tipos de Actividad Económica, el régimen de licencias 
para los servicios de telecomunicaciones se cancelará el 1º de enero de 2018.  
México pregunta 14:  ¿Existen limitaciones a la inversión extranjera en servicios de 
telecomunicaciones, radiodifusión y servicios audiovisuales en Ucrania?   
Answer: In general, there are no restrictions on foreign investments in sectors of 
communications, telecom and audio-visual services. Investments for this matter are regulated under the general investment regime. Current licensing regime applies to telecom operators or providers regardless of the foreign ownership. However, one should take into account that 
providing telecommunication services, as well as th e right to establish TV and radio broadcasting 
companies as an economic entity is reserved for the legal entities registered in Ukraine and/or individuals with permanent residence in Ukraine. (Article 6 Law "on Telecommunications" and 
Article 12 Law "on TV and Radio Broadcasting"). Otherwise, participation of foreign entities in 
respective entities is not limited.  Note further that the legislation of Ukraine forbids the establishment and participation in 
broadcasting organizations or program services providers, including but not limited to: 
 legal entities and individual entrepreneurs regist ered in offshore zones listed as such by the 
 Cabinet of Ministers of Ukraine as well as stateless persons;  natural and legal entities with residence in a country recognized by the Parliament of 
 Ukraine as "aggressor country" or "invader country", legal entities that include members 
 (shareholders) belonging to the abovementioned legal or natural entities at all levels of the  broadcasting organizations' corporate rights ownership chain, including final beneficiaries. 
 
Pregunta 15. WT/TPR/S/334 • Ucrania; Info rme de la Secretaría; WT/TPR/S/334 • 
Ucrania; Informe de la Secretaría; 4 PO LÍTICAS COMERCIALES, POR SECTORES; 4.5 
Servicios; 4.5.4 Servicios postal es y de telecomunicaciones:  
Página 137, párrafo 4.166.  Algunos servicios de telecomunicaciones están sujetos a controles 
de precios (tarifas). La NCCIR establece tarifas fijas o máximas para los servicios siguientes: servicios públicos de telecomunicaciones (incluidas  las comunicaciones telefónicas locales de línea 
fija con un determinado código de área); tarifas para líneas alquiladas que son propiedad de WT/TPR/M/334/Add.1 
 
- 43 - 
 
  empresas con un gran poder de mercado; tasas por servicios de acceso a redes de 
telecomunicaciones pertenecientes a empresas co n un poder de mercado importante y tarifas para 
cables de telecomunicación alquilados.   
México pregunta 15:  ¿Qué procedimiento utiliza Ucrania para determinar mercados relevantes y 
qué criterios utilizan para determinar la existencia  de entidades jurídicas con poder sustancia en el 
mercado? 
 
Answer: The National Commission for State Regulation of Communications and Informatization 
(NCCIR) is competent to assess the level of competition on the particular telecommunication services market by identifying entities having substantial market power. As of today, the NCCIR 
has only established the relevant procedure for traffic transit market. In this regard, in September 
2011, a Regulation No. 444 on Analyses of the Market s for Traffic Transition and Definition of the 
Telecommunication Operators Having Significant Market Power (the Market Definition Regulation) 
was adopted. Under the Market Definition Regulation, the NCCIR conducts the market analyses of 
traffic transit at least once every two years. The market analysis is based on the principle of the 
previous regulation (ex-ante) and includes the following steps: determination of traffic transit 
services markets; assessment of competition on a particular market; identification of 
telecommunications operators with significant market power on such market; establishment of regulatory obligations for such operators with significant market power. Market players whose gross income share on a ce rtain traffic market exceeds 25% of the total 
income telecommunications operators and service providers received within the same period of 
time within one year are to be classified as operators having significant market power. (Law "on Telecommunications") Where this is the case, such operators will have to comply with certain 
additional regulatory requirements set out in the Market Definition Regulation. WT/TPR/M/334/Add.1 
 
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  NEW ZEALAND 
REPORT BY THE WTO SECRETARIAT (WT/TPR/S/334) 2.3.2 REGIONAL AND PREFERENTIAL AGREEMENTS 
WT/TPR/S/334, section 2.3.2.1, page 27, paragraphs 2.20-2.22 
The Secretariat's report, at paragraphs 2.20-2.22, states that "Ukraine will gradually align its 
technical regulations and standards with those of the EU. The establishment of a future Agreement on Conformity Assessment and Acceptance of Industrial Products should ensure that, for the 
products covered by it, Ukrainian goods may circulate under the same conditions as goods 
between EU member States. Ukraine has agreed to align its legislation on SPS and animal welfare with the EU acquis communautaire. A subcommittee on SPS matters will monitor progress on this front and provide a forum for addressing concerns. 
The DCFTA provides a mutual right of establishment for suppliers in all sectors, including services, 
except in accordance with the reservations recorded in a negative list. In the areas of financial services, telecommunications, postal and courier services, and international maritime services, 
Ukraine will implement the existing and future EU acquis and, once this has been accomplished, 
Ukrainian services providers will have the same ac cess to the internal market as EU providers. 
In the area of industrial subsidies, Ukraine is to  set up a system of independent control of state 
aids similar to that of the EU. Particularly distor tive subsidies are to be prohibited. Ukraine and the 
EU will exchange information annually on the amount, type, and sectoral distribution of subsidies, and will provide additional details on specific su bsidies or schemes on request. Agricultural and 
fisheries subsidies fall outside the scope of these rules." 
 
Questions:  Given the importance of implementing the EU acquis communautaire and elimination of 
subsidies, what progress has Ukraine made toward s implementation of the EU acquis (notably, in 
international maritime services)?   
Answer: In accordance with the provisions of DCFTA Ukraine will need to implement 20 Directives 
and Regulations within the next 6 years. Appropriate action plans for implementation have been developed and implementation in different areas has been initiated.  Ukrainian government has adopted the Roadmap on approximation of Ukrainian law to the EU law 
in the field of international maritime transport.  
Official information can be found here http://www.kmu.gov.ua/kmu/control/uk/publis h/article?art_id=24798 1894&cat_id=247984327. 
 
 How does Ukraine intend to incorporate the EU acquis on agriculture into its domestic 
regime?  
 
Answer: The DCFTA does not provide specific time limits for implementation of the EU regulations 
in sphere of agriculture. However, the Action plan on approximation of Ukrainian law to law of the EU in the field of agriculture adopted be Ministry of Agrarian Policy and Food of Ukraine establishes 
the time limit for implementation of the main EU  Directives and Regulations of EU by December 
2017.  Pursuant to paragraph 367 of the action plan fo r the implementation of the Association Agreement 
between Ukraine, on the one hand, and the Eu ropean Union, the European Atomic Energy 
Community and their Member States, on the other hand, in the years 2014-2017, the Cabinet of Ministers of Ukraine approved buy its Resolution  No. 847-r of 17 September 2014 action plan of 
approximation of Ukraine to EU law in the agricultural sector, which is approved by the Decree of 
the Ministry of Agrarian Policy of  Ukraine No. 15 dated 19 January 2015. 
The Action Plan provides for the implementation of 44 EU Directives and Regulations by December 
2017. In particular, 5 EU policy acts, 3 acts on organic farming, 1 act on genetically modified 
crops, 27 standards relating trade of plants, seeds, products derived from plants, fruit and 
vegetables and 8 standards of live animals and animal products.  
3.2  MEASURES DIRECTLY AFFECTING IMPORTS 
WT/TPR/S/334, section 3.2.2,  page 38, paragraph 3.11 
The Secretariat's report, at paragraph 3.11, notes that "all applied MFN import duties are 
ad valorem except for beer, wine, cigare ttes, and a few other tobacco products.
11" 
Footnote 11 to paragraph 3.11 notes that "the customs tariff of Ukraine is aligned with the 
nomenclature of the integrated tariff (TARIC) of the European Union. As TARIC accords separate WT/TPR/M/334/Add.1 
 
- 45 - 
 
  tariff lines to a considerable number of wines of protected geographical designation or appellation 
of origin, Ukraine's current tariff establishes specific  rates of duty for sparkling wines (6 tariff lines) 
and other wines (96 lines). In Ukraine's Good s Schedule, which was drawn up in HS 2007 
nomenclature, the same products are covered by a total of 6 tariff lines; 3 for sparkling wine and 
3 for other wines." 
 Question(s): 
 What is the rationale for levying specific import tariffs to wine? 
 Answer: International  experience shows that specific import tariffs stop abuse of customs value 
for top revenue generating goods. 
 
 What is the ad valorem equivalent rate of duty  collected on wine in the past three years? 
 
Answer: The average ad valorem  equivalent rate of duty collected on wine in the past three years 
is 10.47%.  
 
 Are there any plans to review the specific import tariffs on wine and replace it with 
ad valorem rates?   Answer: There are no plans to review the specific import tariffs on wine and replace it with 
ad valorem  rates. 
 3 TRADE POLICIES AND PRACTICES BY MEASURE 
WT/TPR/S/334, section 3.4.3,  page 66, paragraph 3.97 
The Secretariat's report, at paragraph 3.97, states that "the regulatory framework for food safety is based on the Law "on the Safety and Quality of  Food Products" (Food Safety Law), as amended. 
According to the Law, sanitary measures should  be based on scientific evidence in line with 
international standards, guidelines and recommendat ions, and should not be more restrictive than 
necessary. In practice, Ukraine still maintains numer ous food safety and nutritional standards that 
were first established by the Soviet Union, for example, the standards on 'Medico-biological 
Requirements and Sanitary Norms of Quality of Alimentary Raw Materials and Food Products' No. 
5061-89 of 1 August 1989 are still in force in Uk raine. Nevertheless, a number of food safety 
requirements were recently revised". 
Paragraph 3.97 also notes that while a number of fo od safety requirements were recently revised, 
"Ukraine still maintains numerous food safety and nutritional standards that were first established 
by the Soviet Union". 
 
Question  Is Ukraine planning further revision of its f ood safety and nutritional standards regime? If 
so, will the revision process take account of relevant international food standards established by 
the Codex Alimentarius Commission? If not, why not? 
 Answer: Ukraine is planning further revision of its f ood safety and nutritional standards regime in 
line with Codex Alimentarius, World Health Organization, and EU standards. 
 3 TRADE POLICIES AND PRACTICES BY MEASURE 
WT/TPR/S/334, section 3.4.3, pages 68-69, paragraph 3.105 
The Secretariat's report, at paragraph 3.105, states that "phytosanitary measures are based mainly on the framework Law "on Plant Quarantine ". The law was recently amended with the aim 
of aligning it with IPPC standards and requirements. According to the amendments, two lists of 
subjects of phytosanitary regulation will be developed: one for imports, exports and re-exports; 
the other for controlling transit through Ukraine. However, the authorities have advised that some regulatory changes may not be in conformity with the relevant international standards (notably 
ISPM No. 32 and ISPM No. 5). Phytosanitary certific ation is carried out in accordance with ISPM 
No. 12 ("phytosanitary certificates") and with shortened timelines (24 hours, instead of 5 days)". Paragraph 3.105 also notes that phytosanitary measures are based mainly on the framework Law 
on Plant Quarantine, and that while recently amended to align it with IPPC standards and 
requirements, some regulatory changes may not be in conformity with the relevant international 
standards (notably ISPM No. 32 and ISPM No. 5). WT/TPR/M/334/Add.1 
 
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  Question 
 Does Ukraine intend to bring all outstanding phytosanitary measures into alignment with 
relevant international standards, including those of the IPPC?   
Answer: Ukraine has made significant progress in harmonizing its phytosanitary measures in line 
with IPPC International Standards for Phytosanitary measures. Over half of ISPMs have been reflected in national legislation. 
 
4.1 AGRICULTURE WT/TPR/S/334, section 4.1.1, page 85, paragraph 4.3 Paragraph 4.3 of the Secretariat's Report notes that "land sales have been subject to a 
moratorium since 2000 with the aim, according the authorities, of protecting the property rights of 
small landholders and allowing time for the development of an appropriate land tenure regime."  
Question 
 How has Ukraine's land tenure regime developed since the introduction of the moratorium 
on land sales since 2000, and is there any intentio n to lift moratorium? If the moratorium will be 
lifted, how will this be managed and over what time period? 
 Answer: With the adoption in 2015 of the Law on Deregu lation and several related legislative acts 
several improvements were provided regarding the land tenure regime, including the simplification 
of procedure to obtain land in lease (now need to satisfy just 3 simple conditions), established the 
duration and the minimum timing for the lease of agricultural land (7 years period) and provided possibility to register lease of agricultural land through a notary (previously only by state register).  
According to the Law of Ukraine № 767-VIII "On amendments to Section X" Transitional Provisions 
"of the Land Code of Ukraine on the extension of the prohibition of alienation of agricultural land", It is expected that the moratorium on land sales will be canceled beginning 1 January 2017. The 
plan of the moratorium lifting has not yet been developed. 
 4.1 AGRICULTURE WT/TPR/S/334, section 4.1.5,  page 89, paragraph 4.20 
The Secretariat's Report, at paragraph 4.20, notes that "notifications by Ukraine to the WTO 
Committee on Agriculture cover domestic support up to and including calendar year 2011.23 Total domestic support to agriculture was Hrv 20,400. 6 million, a 17% increase over 2010, largely 
because of higher Green Box expenditures and higher Amber Box support (Table 4.2). The Current 
Total AMS remained well below the Hrv 3,043.4 million limit set by Ukraine's Total Bound AMS commitment. However, a number of Members have raised concern in the Committee on 
Agriculture about Ukraine's Current AMS calculation for sugar, in which the fixed external 
reference price was adjusted for inflation (Section 4.1.6). Market price support for sugar accounted for almost all of the Current Total AMS (99% in 2011). In addition, the notification specifies Hrv 12,656.6 million of Amber Box support below the de minimis limits, a large part of which is for the 
special VAT accumulation regimes."  
Paragraph 4.20 also notes that in calendar year 2011, Ukraine's "total domestic support to agriculture was Hrv 20,400.6 million, a 17% increase  over 2010, largely because of higher Green 
Box expenditures and higher Amber Box support (Table 4.2)." 
 Question 
 Has Ukraine considered moving away from the use of trade distorting Amber Box type 
support for agriculture? If not, why not?  Answer: Ukraine has not considered moving away from the use of Amber Box type support for 
agriculture. The current total AMS is well below Ukraine's Total Bound AMS commitment. 
 4.2 FISHERIES 
WT/TPR/S/334, section 4.2, pa ge 99, paragraphs 4.42-4.46 
The Secretariat's report, at paragraph 7 of the Summary, notes that "special and rather complex VAT regimes apply to agriculture, forestry, and fisheries where VAT is assessed on the output of 
the domestic primary producers and placed. However, the resulting amounts are not remitted to 
the Treasury, but accumulated in special accounts which the producers may use to finance investment goods, inputs or services. The "VAT accumulation" regime is by far Ukraine's most important support scheme for agriculture." WT/TPR/M/334/Add.1 
 
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  The report also notes, at paragraph 4.46, that "f ishermen and fishing enterprises are exempt from 
income tax (corporate profit tax), VAT, and rental  fees for special water use", and that "around a 
third of Ukraine's catch is taken outside of its waters" (at paragraph 4.42).  
Questions: 
 What level of support does the fisheries sector enjoy under these three exemptions? 
 
Answer: There is no breakdown by sector. 
  Is there any other form of support provided to the fisheries sector? 
 
Answer: There is no any other form of support provided to the fisheries sector. 
  When will these programmes be notified under the SCM Agreement? 
 
Answer: According to Article 25 of the SCM Agreement Ukraine applies notification on industrial 
subsidies not including fisheries VAT exemptions for the reason that this is not addressing subsidy. 
With regard to Ukrainian, legislation fishery is cons idered as agricultural product and notified in the 
Table DS:9 "Non-product-specific AMS" among other products as "Total amount of producers support by introducing a special taxation regimes such as value-added tax".  
 How does Ukraine ensure that such support is not provided to illegal, unreported or 
unregulated fishing and does not contribute to overfishing or overcapacity?'  
Answer: According to the Order of State Fishing Agency Fishery of aquatic living resources is 
carried out within the limits of quotas. The Captains of the ships are to inform of the fishing amount. Users engaged in fishery of aquatic living resources, shall not exceed the established 
limits (quotas) on the extraction of aquatic li ving resources and the number of permitted fishing 
gear. To ensure itself that there is no illegal, unreported or unregularly fishing and there is no overfishing the State Agency makes inspections and the fishers are bind to let the State Agency officials on their docks and warehouses.  
 
4.3 MINING AND ENERGY WT/TPR/S/334, section 4.3.1, pa ge 99, paragraphs 4.58-4.59 
The Secretariat's Report, at paragraph 4.58, states that "on 1 October 2014, the Cabinet of 
Ministers adopted a National Renewable Energy Action Plan (up to 2020). In line with EU commitments (Directive 2009/28/EC), the plan sets a target for renewable energy generation 
equivalent to 11% of gross final energy consumption by 2020 (up from 5.5% in 2009)." 
At paragraph 4.59, the Report notes that "the  Law "on the Alternative Energy Sources" was 
amended in 2014 to eliminate unnecessary administ rative barriers by reducing the number of 
permits for production, transmission and distributi on of electricity, heat and mechanical energy 
from alternative sources; production of geothermal  energy; installation of solar, wind or hydro-
power equipment; construction or reconstruction of hydro-electric power facilities that use the energy of small rivers; and establishment of tran sportation networks for energy produced from 
alternative sources." 
In addition, paragraph 10 of the Summary states that "gas prices charged to households were increased by 285% on average in April 2015 and a further 67% in May 2015, although full cost 
recovery on gas and heating tariffs is not programmed until April 2017". 
 Question:  New Zealand welcomes Ukraine's intentions to increase energy consumption from renewable 
sources by 2020. In this light, and considering th e sharp increase in domestic gas prices during 
2015, what specific actions is Ukraine taking to ensure that it meets its renewable energy generation obligations under EU directives (in addition to simplifying the required administrative 
processes to produce, transmit or distribute renewable energy)? 
 Answer: Considering the commitments of Ukraine as the Energy Community Member, the 
Government has approved relevant policy documents on energy, in particular the State Target 
Economic Programme on Energy Efficiency and Deve lopment of Production of Energy Carriers from 
Renewable Energy Sources and Alternative Fuel s for 2010-2015, and the Energy Strategy of 
Ukraine up to 2030.  WT/TPR/M/334/Add.1 
 
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  In addition, Ukraine aims at full implementation  of the Directive 2009/28/EC that sets mandatory 
national targets for renewable energy, first of all to encourage investment and development of 
novel technologies and innovations in this field. It also contains rather strict requirements to the criteria of sustainable production of biofue ls and reduction of greenhouse gas emissions. 
To encourage development of renewable energy  and use of renewable energy sources and 
alternative fuels the Tax and Customs Codes of Ukra ine contain provisions that envisage i) land 
tax reduction for renewable energy enterprises and ii) tax exemption of: a) operating profits of the 
energy companies producing electricity from rene wable sources; b) biofuel producers' profits 
earned from biofuel sales; c) company profits earned from combined electricity and heat production and/or production of heat using biological fuel types; d) profits of producers of machines, equipment and devices for the manufacture and reconstruction of technical and 
transport means consuming biological fuel types and finally iii) value-added tax exemption for the 
transactions related to importation to Ukraine's customs territory of equipment working on renewable energy sources, equipment and materials for production of alternative fuels or for 
production of energy from renewable sources, as  well as import duty exemption for the above-
mentioned equipment and materials. In addition, Ukraine has also introduced and rece ntly updated a feed-in ("green") tariff regime for 
various types of alternative energy installations (wind, solar, biomass, biogas, small hydropower, 
and geothermal power). Feed-in tariffs are determined by the the National Energy and Utilities Regulatory Commission (NEURC) for each facility, and are guaranteed by law until 1 January 2030. 
 
REPORT BY UKRAINE (WT/TPR/G/334)  
3 TRADE RELATED REFORMS WT/TPR/G/334, section 3.1, page 10, paragraph 3.10 
The Report by the Government of Ukraine, at paragraph 3.10, notes that "in order to overcome 
structural deformations and ensure the rapid development of economic activities for the production of high value added products, the MEDT has pr epared the Concept of State Target Economic 
Program of industrial development for the period  until 2020 and has adopted a number of relevant 
laws and regulations in this direction. In the upcoming months, Ukraine will also finalize its first Export Strategy together with Action Plan."  
Question: 
 Could the Government of Ukraine please provide further detail on the Export Strategy and 
Action plan, including what it will entail, what products and markets (if any) it will target? 
 
Answer: The Export Strategy and the Action Plan have not been approved yet. Overall, the 
document will provide for a general export develo pment and promotion strategy, and will prioritize 
directions of foreign trade policy targeting main trading partners and products. 
The aim of the strategy is to facilitate the entry of national producers of goods and services into 
the global markets, this will allow to further develop Ukraine's economic potential and will lead to economic 
growth. 
As of now, relevant experts had already prepared analytical materials on the state export promotion policy. 
 
3  TRADE RELATED REFORMS WT/TPR/G/334, section 3.1, page 10, paragraph 3.11 
The Report by the Government of Ukraine, at pa ragraph 3.11, notes that "the new agrarian policy 
of Ukraine was developed with the focus not only on an increase in export of raw materials and semi-finished products, but also on export of processed products with higher value-added."  
Question: 
 Could the Government of Ukraine please provide further detail on the agrarian policy of 
Ukraine, including the how the policy operates, what sectors it is target towards, etc. 
 
Answer: The objective of the agrarian policy is to create organizational and economic conditions 
for the effective socially directed development of the agricultural sector to ensure a stable 
population with quality and safe domestic agricu ltural industry and agricultural raw materials, 
manufacturing products with high added value, increasing the volume of the world market for agricultural products and foodstuffs. The program for implementing the policy entail optimizing of industrial and social infrastructure; improving the competitiveness of agricultural production' 
increasing production volume; improving the quality and safety of agricultural products through WT/TPR/M/334/Add.1 
 
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  adhering to international standards including GACCP and GlobalGAP; ensuring environmental 
protection and restoration of natural resources; and increasing rural employment creation of new jobs. The Agrarian Policy of Ukraine covers all agricultural sectors.   
3 TRADE RELATED REFORMS 
WT/TPR/G/334, section 3.2, page 12, paragraph 3.27 The Report by the Government of Ukraine, at  paragraph 3.27, notes that "the new Law 'On 
amending of Law 'On quarantine of plants'' has re duced time-frame for issuance of phytosanitary 
and quarantine certificates from 5 days to 24 hours."  Question(s): 
 Could the Government of Ukraine please provide detail of how these increases in efficiencies 
were achieved, including what mechanisms were involved. What challenges did the Ukraine government face in implementing these efficiencies while ensuring the same levels of accuracy in 
the certification process? 
 Answer: Efficiency was increased through internal organizational and administrative streamlining. 
Challenges were mitigated through introduction  of advance processing of application.  
 4  TRADE AGREEMENTS WT/TPR/G/334, section 4.1, page 16, paragraph 4.8 
The Report by the Government of Ukraine, at pa ragraph 4.8, states that "until the end of 2015, 
the EU was providing autonomous trade prefer ences to Ukraine and as of 1 January 2016 the 
DCFTA fully entered into force". 
 
Question:  Relating to the DCFTA, what is the likely long-term impact of the DCFTA's entry into force on 
Ukraine – EU trade volumes, particularly in the dairy and agricultural sectors? 
 Answer: In spite of the current economic situation in Ukraine, the exports of agricultural products 
have grown to the EU by an average of 13% averag e for the last five years and are anticipated to 
grow to at least 3-5% annually in the upcoming 5-10 years.  For the last three years Ukraine's 
Exports to the EU for the agricultural products (Chapters 1-24 of Harmonized Systems) have accounted for 29% of all exports and an average of 3.9 bln USD a year. The top 5 exports where: 
cereals, oil seeds, animal or vegetable fats, residues and waste from food industries and edible 
fruits and nuts that counts for over 90% of all agricultural exports. Average exports of dairy products (Chapter 04 of the HS) between 2012 and 2014 amounted to 
€28.95 mn, growing by an average of 73% per annum over the last 5 years.  
With closer cooperation with EU under the DCFTA, it is expected that new products will be allowed to enter the EU market. Starting in 2015 the Ukrainian producers obtained the certificates that permit them to export dairy production in EU and the export started in April 2016. The quota for 
dairy products is 2.000 tons.  
Agricultural products are the largest Ukrainian export in EU. The export of the main agricultural products (such as wheat (quota: 950 000- 1 000 000 tons), corn (400 000- 650 000 tons), 
processed tomatoes (10 000 tons) stay stably on the high level with increase. There is also 
increasing in export of some agricultural products, namely the export of sugar was 20% from quota in 2014 and in 2015increased to 98,9% from quota; the export of oats was 1,6% in 2014 
and in 2015 exhausted all amount of quota for this product (4 000 tons). Hence, the volumes of 
export of dairy and agricultural products are consistently increasing.   5  FUTURE POLICY DIRECTIONS AND GOALS 
WT/TPR/G/334, section 5.2, page 18, paragraph 5.9 
The Report by the Government of Ukraine, at paragr aph 5.9, states that "Ukraine establishes as its 
ultimate goal to eliminate corruption and to enter the top-50 countries under the Transparency 
International Corruption Perceptions Index in the nearest future". 
 Question: 
 What steps have been taken and are to be taken by Ukraine to tackle corruption and 
improve its ranking in the Transparency In ternational Corruption Perceptions Index?  
 Answer: A Number of measures have been implemented in order to tackle corruption, inter alia : 
• Establishment of corruption-free police in 16 cities (29 – by 2017). WT/TPR/M/334/Add.1 
 
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  National Anti-corruption Bureau with over 70 new detectives has been launched. 
 Lustration program launched, over 800 civil servants dismissed.  
In the sphere of state-owned enterprises: 
• Introduction of the requirement to perform mandatory audit and publish financial  statements. 
• Establishment of the standards of corporate governance for SOEs. 
• Cancellation of sale of 5-10% of  shares before the privatization. 
• Establishment of the committee for the transparent appointment of CEOs of SOEs.  
Deregulation and liquidation of "schemes": 
• Reduction of administrative services from 11 000 to 3000.  • Reduction of regulatory requirements (e.g. licensing) 
• New State Portal of e-Services has been launched. 
Elimination of the monopoly of Ukrecoresursy. • On-line business registration. 
In the sphere of public procurement: 
•  Establishment of ProZorro e-procurement system.  For short updates on reforms please see -
https://www.youtube.com/watch?v=Xo FR1j8hObM&list=PL6AMqkvC3-PNnX-
zRPeQnhpuEPVR4FiI9&index=5. WT/TPR/M/334/Add.1 
 
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  NORWAY 
1. Customs valuation: 
The issue of defining the customs value has been raised by Norway and others a number of times 
in different WTO fora. We acknowledge the efforts done in Ukraine to simplify the procedures on 
customs valuations, as referred to in the report by  the Secretariat, chapter 3.40. However, we still 
find that Ukrainian customs authorities are questioning declared customs values and do not follow the WTO methodology in defining the customs valu e. For Norway, this problem affects trade in 
seafood in particular. 
Challenges still exist due to indicative prices being used by the Custom Service of Ukraine when calculating customs and other levies. What steps is Ukraine taking to ensure that its practices in this area are brought in line with its WTO obligations?  
We understand that a process is underway to adapt Ukraine's national legislation regarding 
customs valuation. Ukraine is kindly requested to pr ovide an overview of its national legislation for 
customs valuation and an update on any ongoing procedures to amend the legislation. 
 
Answer: Ukraine's Customs Code is fully in line with the WTO Agreement on Implementation of 
Article VII of GATT 1994. Ukraine is in the proc ess of strengthening the capacity of customs 
officers on customs valuation in accordance with the WTO Agreement on Implementation of Article 
VII of GATT 1994. Customs valuation will be an inte gral part of Ukraine's plan in modernizing its 
risk management system. Indicative prices will only be used in the context of risk management and in accordance with WCO guidelines. Customs officers will be required to follow risk 
management with the aim of accepting transaction value for majority of import transactions. 
An overview of national legislation concerning customs valuation is provided in Section 3.2.8 of the Secretariat Report. Ukraine's Customs Code is fully in line with the WTO Agreement on 
Implementation of Article VII of GATT 1994. Th ere is presently no plan to amend legislation 
related to customs valuation.  WT/TPR/M/334/Add.1 
 
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  THE SEPARATE CUSTOMS TERRITORY OF TAIWAN, PENGHU, KINMEN AND MATSU 
PART I: RE: THE SECRETARIAT'S REPORT (WT/TPR/S/334) 
3. TRADE POLICIES AND PRACTICES BY MEASURE 3.4 Measures Affecting Production and Trade 
3.4.1 Subsidies 
Page 60 (Para 3.71) At present, assistance to coal mining is primarily  provided in the form of partial reimbursement of 
the production costs to loss-making state-owned co al producers. The Ministry of Energy and Mines 
determines the list of eligible enterprises based on their economic performance and their production plans. Funds are also made available fo r restructuring, i.e. either to accelerate the 
closure of unprofitable mines or to support construction projects enhancing the efficiency of certain 
coal and peat producing state-owned enterprises. 
 Question(s): 
1. What conditions does the Ministry of Energy and Mines apply when offering reimbursements to 
state-owned coal enterprises?   
Answer: According to the Order of the Cabinet of Minister No. 153 of 23 February 2011, wholly 
state-owned enterprises and entities that possess state integral property complexes or system of integral property complexes by lease or concession are eligible to receive reimbursement for payments to workers and electricity consumption. 
 
2. Is there the possibility that non state-owned companies and foreign coal companies may be 
squeezed out by the fact that some Ukraine producers receive official reimbursements?  
 
Answer:  Even though over the last years, support  granted to state-owned coal mining, which 
mostly covered payments to workers in unprofitable mines, have increased – its share in the State 
Budget had decreased. On the other hand, even wi th the aforementioned support from the state 
budget the financial situation of the state-owned coal mines is still very weak. These state-owned companies need capital investments and renovation. Thus, Ukraine believes that foreign coal companies can in no way be squeezed out by the fact of reimbursement. 
 
3.4.4 Trade-related in vestment measures 
Page 70 (Para 3.111) 
In June 2015, the Verkhovna Rada adopted a law amending Article 17 of the Law "on the Electric 
Power Industry". Earlier local content requirements were cancelled and replaced by a premium payment on the "green" feed-in tariff. The premiu m amounts to 5% of the feed-in tariff when the 
ratio of local components is at least 30%, and ri ses to 10% with a local component ratio of 50% or 
more.  Question(s): 
3. In its report in the WTO dispute settlement case DS 426 (Canada — Feed-In Tariff Program), 
the panel recognized that Canada's local content requirements were in violation of the rule of 
national treatment. Could Ukraine please explain how its new local content requirements do not 
produce unfair market competition and are not, therefore, in violation of the same rule of national 
treatment?  
Answer: These premium payments do not create additional burden or any impediments 
for energy producers from obtaining "green tariff". Moreover, this premium payment is temporary and is aimed at stimulating local production of equipment for alternative energy needs, and this measure ensures fair conditions of ener gy production from alternative sources.  
 
4. TRADE POLICIES BY SECTOR 4.3  Mining and energy 
4.3.1 Electricity 
Page 97 (Para 4.53)  
The basic structure of Ukraine's electricity system is shown in Chart 4.6. There are: 1 state-owned 
hydro-power operator (Ukrhydroenergo); 1 nucle ar power operator (Energoatom); 5 thermal 
power generating companies; 25 regional distribution companies (oblenergos); 1 transmission system operator (Ukrenergo); 1 wholesale market operator (Energorynok); and importers and exporters ("independent suppliers"). Ukraine's four operational nuclear power plants WT/TPR/M/334/Add.1 
 
- 53 - 
 
  (Zaporizhzhia, Rivne, Khmelnytskyi, and South Ukraine) are operated by Energoatom. Thermal 
power generation is dominated by five large companies, all privately-owned, except majority state-owned Centrenergo. In late 2014, the Ukrainian energy system faced a crisis with black-outs across the country, due to shortages in coal-fired power plants. New generation capacity is 
tendered by the MECI. Ukraine has some 0.8 GW electricity generation capacity from (non-hydro) 
renewable sources (about 1.5% of total capacity), mainly solar and wind power. The largest industrial consumers by far are the metallurgical and mining industries (25% of total consumption 
in 2014). 
 Question(s): 4. Are foreign investors allowed to build power plants? If so, it would be appreciated if Ukraine 
could please provide us with details of the relevant regulations. 
 Answer: Ukrainian legislation does not forbid foreign investor to build power plants. The relevant 
regulations are the following: Law on Electricity No. 575 of 16 October 1997, Law on the Basic 
Principles of the Electricity Market Operation No . 663 of 24 October 2013 and the Regulation of the 
National Commission on Electric Power Regulati on No. 3 of 8 February 1996 (as amended in 2010) 
on "Approval of terms and rules of economic activity  of production of electric power." Furthermore, 
foreign investors may also invest in electric power production, distribution and supply in accordance with the Law on Concessions No.997-XIV of July 16, 1999.  
4.3.2 Gas and Oil 
Page 102 (Para 4.73) The "Natural Gas Market Law" (of Ukraine) entered into force on 1 October 2015 and replaces the 
law "on Principles of Natural Gas Market Operation". Under Article 21 of the new law, an operator 
of a gas transportation system must be (i) a bu siness entity established and owned exclusively by 
the State, or (ii) in case of a joint venture, a Ukrainian state-owned company with 51% equity and 
a foreign company with 49% that is controlled by residents of the United States or the European 
Energy Community (gas transmission system partner).  Question(s): 
5. The gas transportation system is not on the WTO MFN exemption list for Ukraine. Is it possible, 
therefore, that the above-mentioned provision relating to the case of a "joint venture", which contains limitations according to nationalities, might be in violation of WTO regulations?  
 
Answer: Ukraine reaffirms its commitment to non-discriminatory treatment and adherence to 
compliance with the WTO regulations. Ukraine is currently undergoing a process of implementation 
of the European laws and standards so as to establish a legal framework that would enable 
integration of Ukrainian and EU energy markets. The new Natural Gas Market Law transposes Ukraine's commitments under the Energy Community  Treaty and the 3rd En ergy Package of the 
European Union (namely – Directive 2009/73/EC conc erning common rules for the internal market 
in natural gas and Regulation No. 715/2009 on conditions for access to natural gas transmission 
networks) and with Directive No. 2004/67/EC conc erning measures to safeguard security of 
natural gas supply into Ukrainian legislation. 
 
4.5 Services 4.5.5 Tourism 
Page 123 (Para. 4.177) 
In 2013, 24.7 million foreign tourists visited Ukraine (compared with 23.0 million in 2012).Ukraine was ranked the world's number 14 in terms of international tourist arrivals. Tourism receipts amounted to US$5.1 billion in 2013 (compared wi th US$4.8 billion in 2012). In 2014, however, 
tourist arrivals dropped to 12.7 million. Ukraine's main tourist destinations are Kyiv,Odessa and 
Lviv.  
Question(s): 
6. In light of the nearly 50% drop in the number of  foreign tourists in 2014 compared to 2013, we 
wonder whether Ukraine has any plans to streamline its visa application procedures? If so, we 
should like to know what changes to procedures are being considered, and which countries are the 
most likely to be offered such new visa treatment?  Answer: According to the Cabinet of Minister's Resolution No. 145 as of March 2, 2016 "On 
Amending Rules for issuing visas for entrance and transit through the territory of Ukraine", WT/TPR/M/334/Add.1 
 
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  nationals of a number of countries do not need to submit an invitation at the consulate for a 
short-term visa, while nationals of other group of countries would be able to get a tourist visa while crossing the border of Ukraine for a 15-day stay. Countries, whose nationals do not need an invitation for a short-term visa: Australia, Albania, 
Bahrain, Guatemala, Qatar, Kuwait, Malaysia, Me xico, New Zealand, United Arab Emirates, Oman, 
Saudi Arabia, Singapore and Turkey. Countries, whose nationals will be able to get a tourist single entry visa for 15 days at the border: 
Australia, Antigua and Barbuda, the Commonwea lth of the Bahamas, Barbados, Mauritius, 
New Zealand, United Arab Emirates, Palau, El Salvador, Seychelles, Saint Kitts and Nevis, Trinidad and Tobago and Turkey.  
PART II: RE: THE GOVERNME NT REPORT (WT/TPR/G/334) 
3. TRADE-RELATED REFORMS 3.2 Deregulation 
Page 12 (Paras 3.23 + 3.24) 
The ultimate goal of deregulation reform is to create favourable conditions for business development and attraction of foreign investments in to Ukraine. 
In spite of all political and economic challenges, the Government of Ukraine put its best efforts to 
reach the abovementioned ambitious goal. In particul ar, throughout the last couple of years, a lot 
of different steps were taken in this directio n. The Better Regulation Delivery Office as an 
independent NGO was created in order to facilitate reforms and deregulation process in different 
sectors of economy. The Council of Business-Ombudsman was created and has already considered 
more than 500 complaints.   
Question(s): 
7. Could Ukraine please provide further details of the role of the "Better Regulation Delivery 
Office" in regulatory reform, and the relationship  between this Office and the "Council of Business-
Ombudsman"? 
 Answer: The Better Regulation Delivery Office (BRDO)  is a non-governmental independent entity 
that works in collaboration with businesses, various agencies, and ministries to tackle issues of 
regulatory environment in order to eliminate barriers for business and boost economic growth of 
Ukraine. BRDO is initiated by the Ministry of Economic Development and Trade of Ukraine with the support of the Government of Canada through its Expert Deployment for Economic Growth and 
Governance Project. 
The BRDO conducts a review of all state regulations in selected industries for effective regulation. The ultimate goal of the creation and functioning of the BRDO is to reduce the cost and complexity 
of doing business, reduce corruption factor s and build capacity for better regulation. 
 Its activities focus on the following:  
 Review regulatory acts (laws, resolutions, regu lations etc.) in at least three selected sectors 
 of economy, assess impact of regulatory bu rdens, receive proposals from civil society and 
 business community and split it by 3 groups of acts: to be abolished, to be changed, to be 
 kept; 
 Draft needed changes into the legislation or ne w regulations and transmit to the Ministry for 
 the final approval; 
 Building capacity of Ministry's appropriate staff and involved project managers; 
 Training, capacity-building and expert support to deregulation initiatives of the Ministry. 
 There is not relationship between BRDO and Council of Business-Ombudsman.  
4. TRADE AGREEMENTS 
4.1 European Union 
Page 16 (Para 4.10) 
Since its accession to the WTO, in 2011 Ukraine has also become a party to the Energy 
Community Treaty that, inter alia, requires implemen tation of the EU acquis on electricity and gas, 
notably the Third Energy Package. In line with its commitments, Ukraine has amended and 
adopted new energy law that was developed by the Ministry of Energy and Coal Industry in 
collaboration with the Energy Community. In particular, the Law "On Natural Gas Market" (No. 2250 of 26 February 2015), that provides conditions for further functional unbundling of Naftogaz into separate production, transmission , storage and supply companies. It provides for 
non-discriminatory third-party access to the gas transport system on contractual basis and WT/TPR/M/334/Add.1 
 
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  establishes the right for customers to freely choose their gas suppliers. One of the law's objectives 
is to end non-cost reflective pricing and cross-subsidization, while providing a framework to protect vulnerable customers.  
Question(s): 
8. The "Natural Gas Market Law" of Ukraine came into force on 1 October 2015. Among its 
objectives are "to end non-cost reflective pricin g and cross-subsidization". In the opinion of the 
Ukraine government, what are the possibilities of th e law achieving these goals, and does it expect 
to encounter resistance?  Answer: After a long history of ineffective gas pricing and cross-subsidisation, Ukraine is currently 
moving towards creation of a cost-reflective energy pricing system. The new system tries to 
establish a balance between protection of gas co nsumers, especially "vulnerable consumers", who 
are households eligible for subsidies, and their right to freely select and change gas suppliers. In 
particular, 5 million vulnerable families have received subsidies in 2015. In addition, the 
Government aims at reduction of energy consumption. A number of projects are currently underway in this direction. WT/TPR/M/334/Add.1 
 
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  SINGAPORE 
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT 
II TRADE POLICY REGIME: FRAMEWORK AND OBJECTIVES Trade and Investment Regime 
Page 34 (Para 2.55) 
1. We note that Para 2.50 on page 33 states that water supply is a public monopoly. We would like to seek clarification on what the specific limitations on foreign ownership for water supply 
(mentioned in Para 2.55) include. 
 Answer: Under Article 5 of the Law "On Privatization of the State Property" water supply facilities 
may not be privatized (are not subject to privatization). These facilities are normally owned by 
municipalities (local communities). However, these facilities may be operated by private 
companies under lease or concession contracts awarded by local councils (Law No. 2624-VI of 21 October 2010). 
The National Commission for State Regulation of Utilities has established license conditions for 
water supply and disposal operations (Decree No. 279 of 10 August 2012). Under this Decree, 
licenses may be granted to business entities, including companies with foreign investment (at least 
10 % of foreign ownership), which provide or intend to provide water supply services.  
Besides, Ukraine's Services Schedule does not co ntain any specific commitments concerning water 
supply (water collection, purification and distribution).  
 WT/TPR/M/334/Add.1 
 
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  SWITZERLAND 
Report by the Secretariat [WT/TPR/S/331– February 9, 2016) 
2.4 Investment Regime Para 2.49:  In paragraph 2.49 of the report it is stated that a business may need to open a 
permanent bank account and inform the District Tax Inspectorate that it has done so. What is the 
purpose of the requirement?  
Answer: The purpose is to monitor the flow of money.  This requirement is elaborated from FATF 
Recommendations concerning measures which countries should implement in order to combat money laundering and terrorist financing.  
Para 2.50:  Which developments does the current government foresee in what concerns the 
requirements and restrictions to foreign investment mentioned in paragraph 2.50? Does Ukraine for example consider to open up sectors like the usage of the railway infrastructure?  
 
Answer: Foreign investors may invest in infrastructure sectors cited in paragraph 2.50 of the 
Secretariat Report through concessions and public-private partnerships. This is provided in the Law 
No. 2404-VI "On Public-Private Partnership" of 1 July 2010 and Law No. 997-XIV "On Concessions 
of 16 July 1999. Concessions are authorized in following sectors: 
 Exploration, prospecting of mineral deposits and production thereof; 
 Heat production, transport and supply, and natural gas distribution and supply; 
 Construction and/or operation of highways, roads, runways at airports, bridges, overhead 
roads, tunnels and subways, river and sea ports and infrastructures thereof; 
 Machine building; 
 Water collection, purification and distribution; 
 Health care; 
 Tourism, leisure, recreation, culture and sports; 
 Support of operation of irrigation and land improvement systems; 
 Waste treatment and management; 
 Electric power production, distribution and supply; 
 Property management 
 Urban public transport and municipal parking services; 
 Telecommunications; 
 Postal services; 
 Public catering;  
 Construction of residential real estate;  
 Funeral services.  
Railways are excluded from the law on concessi ons. Ukraine does not presently plan to open 
railway sector for foreign investment. And railway sector is unbound in the Schedule of specific commitments of services of Ukraine.  
Para 2.53:  Is Ukraine reflecting on extending the investment protection, mentioned in paragraph 
2.53, to investments which are not register ed (under foreign exchange regulations)?  
 
Answer : All registered foreign investment are covered by the public protection according the 
national legislation and the same time the foreign investment are covered by international treaties on promotion and reciprocal protection of investments.  
Ukraine's bilateral international investment treaties typically contain substantive 
investment protection provisions, such as protection against expropriation without compensation and against discrimination, and they give cove red investors access to investor-State dispute 
settlement mechanisms (ISDS) to enforce those provisions (over 70 treaties were signed and 
ratified by the Verkhovna Rada of Ukraine.  
The Washington Convention 1965 on the Se ttlement of Investment Disputes between 
States and foreign persons is ratified  by the Law of Ukraine of 16.03.2000 № 1547 improving 
protection of foreign investments. 
 Para 2.55:  The report explains in paragraph 2.55 that foreign enterprises may not establish in 
industries of strategic importance for the national security. Could you draw up - if possible - an 
exhaustive (and if not an exemplary) list of the strategic industries? Would the sectors mentioned 
in paragraph 2.50 cover the industries of strategic importance mentioned in paragraph 2.55? WT/TPR/M/334/Add.1 
 
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  Answer: According to the Commercial Code of Ukraine foreign enterprises may not be established 
in industries defined by the Law as of strategi c importance for the national security. However, 
there is no Law that defines or draws the list of sectors of strategic importance to national security. As of April 2016, there is no definition of  such sectors of strategic importance to national 
security where foreign investments would be prohibited or restricted. 
 Para 2.59:  In paragraph 2.59 it is stated that the Cabinet decided in 2014 to integrate the State 
Agency for Investment in the Ministry of Economic Development. What were the reasons to do so? 
Is the Agency working independently on the basis of a mandate?  Answer : For improving the institutional structure and optimizing the function of public authorities 
the Government decided in 2014 to integrate the State Agency for Investment in the Ministry of 
Economic Development. However, the Ministry is working on the issue of setting up an agency responsible for investment promotion with  a clear mandate and adequate funding. 
 
3.3.2 Export taxes, fees, and charges for services rendered, and internal taxes on 
exports 
Para 3.60:  As stated in para. 360 Ukraine applied temporary export duties on grain exports in 
2011. This measure potentially aggravated the upwa rd dynamic of prices in international markets 
at a time of extraordinary price surges. Do the Ukrainian authorities envisage policy reforms that improve the resilience of the domestic food system  without having recourse to short-term export 
duties?   
 Answer: Ukraine intends to implement reforms to improv e resilience of the domestic food system. 
Export duties are not envisaged to be an instrument for this purpose. 
 Table 3.14 Export duties, 2013, 2014 and 2016:  Is there a specific reason why data for 
the year 2015 is missing? 
 Answer: There is no specific reason. It is perhaps an oversight.   
Export duties are gradually and automatically reduced annually as per commitment of Ukraine, 
which were effectuated by respec tive laws adopted upon accession to the WTO. For example, 
export duties on oil seeds and some categories of  live cattle have been decreasing by 1% each 
year starting from 1 January 2009, export duties on the remaining cattle has been decreasing by 
5% annually. By 2018 export duties on cattle and oil seeds will reach the final level of 10%, and 
20% on raw hides and skins. Export duties for wastes and scrap metals reached their minimum of 
10% in 2014. 
 
3.3.3 Export restrictions Para 3.64:  In para 3.64 it is stated that the Cabinet of Ministers approves the list of goods subject 
to export restrictions and licensing on an annual basis. The same paragraph also lists the goods for 
which licensing was applied in 2015. 
Is it possible to get a more comprehensive overview  of Ukraine's use of export restrictions with 
regard to previous years? How often have agricult ural products been affected by such measures? 
 
Answer: The number of goods subject to licensing and export quotas has been gradually reduced 
during the recent years 
For 2013, export quotas were set at zero for gold and silver, scrap of precious metals, crude oil 
and natural gas of Ukrainian origin. Export quotas were opened for 2,750 tons of zinc waste and 7,200 tons of copper waste. Annexes to the Cabinet of Minister's Regulation No. 1201 specify goods export and import of which is subject to licensing such as: optical polycarbonate to produce 
discs for laser reading systems and certain types of equipment for the production of disks for laser 
reading systems, ozone-depleting substances, go ods containing ozone-depleting substances, and 
products containing alloy ferrous metals, non-ferro us metals and their alloys, and metal waste, as 
well as meat (HS Code 0207 and 0105) and pork fat. (CMU's Resolution No. 1201 of 
19 December 2012). Export restriction for 2014 and 2015 were quite similar to the year before. In particular, export 
quotas were set at zero for gold and silver, scrap of precious metals, and natural gas of Ukrainian 
origin. Export quotas were opened for 2,700 tons of zinc waste and 6,400 tons of copper waste. In the Annexes to the Cabinet of Minister's Regu lation No. 950 of 2013, optical polycarbonate to 
produce discs for laser reading systems and certain types of equipment for the production of disks 
for laser reading systems, ozone-depleting substances, goods containing ozone-depleting WT/TPR/M/334/Add.1 
 
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  substances, and products containing alloy ferrous metals, non-ferrous metals and their alloys were 
listed as good subject to licensing in 2014.(CMU's Resolution No. 950 of 25 December 2013). In 2015, licensing was applied to ozone-depleting substances and goods containing such substances; optical polycarbonate and equipment for the manufacturing of disks for laser reading 
systems; gold and silver; natural gas; zinc and copper containing slags (export quotas); and goods 
containing alloyed ferrous metals, non-ferrous metals and their alloys, and anthracite (this list was drastically shortened).  
In 2016, Ukraine had reduced a number of export re strictions. In particular, export quotas were 
set at zero for gold and silver, scrap of precious metals, and natural gas of Ukrainian origin. The Regulation's Annexes only provided for licensi ng of export and import of ozone-depleting 
substances and goods containing ozone-depleting substances.  
The export of agricultural products is only restricted to ensure the sufficient supply of agriculture 
products on the domestic market in the case of shortage. Such restrictions are temporary. The Cabinet of Ministers' Resolution No. 938 of 4 October 2010 established export 
quotas till mid-2011, due to the poor harvest in 2010, for some cereal crops mainly rye and 
buckwheat so as to restore equilibrium on domestic grain market that is a necessary condition for stability and food security of Ukraine. Relevant export restrictions were notified to the WTO.  
 
3.3.5 Export promotion and marketing assistance Para 3.68:  According to para 3.68 the Ukraine introduced a new legislation to develop 
export-oriented industries, improve the quality an d competitiveness of exported goods, improve 
Ukrainian exporters' positions in promising markets and increase the volume of foreign trade.  
Does this government support apply to agricultural exports too? What measures have been taken to fulfill the purpose of this new system? 
 
Answer: The Action Plan up to 2015 approved by the Cabinet of Minister's Resolution No. 1206 of 
16 November 2011 provides for basic export promotion and trade facilitation measures, such as 
providing information on export-related matters, conducting analysis on export potential, 
enhancing protection of domestic producers under the WTO Dispute Settlement Mechanism, establishment of trade offices within diplomatic missions of Ukraine abroad, improving transport infrastructure and logistics, and others.  
In accordance with the Cabinet of Minister's Re solution No. 568, the Concept of the Government 
Support System for Ukraine's Exports foresees measures aimed at development and implementation of an effective policy of the state support for export, in particular institutional, 
organizational, informational and financial measures. The above-mentioned measures are not 
contingent upon export and refer to a number of sectors, among them, high-tech industries (aviation, shipbuilding, defence and space industries), pharma, transportation and logistics 
services. 
 3.4.1 Subsidies Para 3.70, 3.77 and 3.79:  According to those two paragraphs, fossil fuel are significantly 
supported by the Ukrainian government. Para 3.70 st ated that nearly 80% of the sectoral support 
in Ukraine goes to the coal mining industry. Para 3.77 states that the state budget allocated nearly 
Hrv 20 billion to the National Joint Stock Company "Naftogaz Ukraine" from 2008 through 2012 to 
cover the price difference between imported natural gas and the (lower) price paid by the users. 
We note too, that Ukraine supports the import of energy saving technologies and power stations producing renewable energy and the production of biofuel. 
What percentage of the gas consumption subsidy is based on social policy considerations? What 
are the funds involved in this support policy comp ared to the budget for fossil fuels subsidies? 
Does Ukraine envisage to phase out fossil fuel subsidies? Does Ukraine envisage to substitute fossil fuel energy by greener energy? If yes, what type s of measures does Ukraine envisage to achieve 
this objective? 
 Answer: Presently almost 100% of gas consumption subsidies, for gas extracted by state-owned 
companies, is based on social policy consideration.  
In 2015 expenditures of the state budget for coal mining and production of other fossil fuel amounted to around UAH 2 billion.  
The 2015 state budget envisaged about UAH 25 billion in social subsidies to cover gas 
consumption, heating, electricity (about UAH 20 billion were spent). In 2016 the amount is around UAH 35 billion. Ukraine envisages phasing out fossil fuel subsidies within next five year depending on the 
privatization process. WT/TPR/M/334/Add.1 
 
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  Ukraine envisages partial substitution of fossil fuel energy by greener energy. Measures under 
third energy package commitments related to ecology and reduction of gas emissions.  Table 3.15:  Table 3.15 shows that the annual support to the coal mining industry has gradually 
increased from 6144.1 UAH million in 2009 to 14 823.1 UAH million in 2013. Then, the support 
drops to 9114.8 UAH million in 2014, accounting for a decrease of 38.5%. Could Ukraine explain the reason of this decrease? 
 
Answer: The main reason is tight budgetary constraints and resources and other developmental 
priorities as well as the situation in Eastern Ukraine where most mines recipients of support are located.  
 
3.4.8 State trading, state-owned enterprises, and privatization 
Para 3.130:  Paragraph 3.130 states that state-owned enterprises continue to dominate in some 
sectors of the Ukrainian economy, notably in areas related to infrastructure, mining, and energy. 
Have these sectors been excluded from privatizat ion, such as objects of "national importance" 
referred to in paragraph 3.132? 
 
Answer: Some objects of these sectors were excluded from privatization. According to Article 5 of 
the Law No. 2163-XII as of March 4, 1992 "On Privat ization of State Assets " the following objects 
are excluded: subsoil, water, forest and other na tural resources; nuclear power plants, reactors 
and facilities; roads, railroads, runways, subway s; oil and gas pipelines and storage facilities; 
governmental properties, educational institutions  and many other. However, according to the 
Resolution of the Cabinet of Ministers No. 271 as of May 12, 2015 "On conducting a transparent 
and competitive privatization in 2015-2016" 29 objects of mining sector, 21 objects of energy 
sector and 13 objects of infrastructure are subject to privatization.  
 
Para 3.131:  According to para 3.131 about 40% of State-Owned Enterprises operated at a loss in 
2014. How does Ukraine explain the high proportion of unprofitable SOEs? And what does Ukraine concretely envisage to solve this lack of prof itability and, thus, increase economic stability? 
 
Answer: Weak corporate governance and conflict in East  of Ukraine have both contributed to this 
issue. Ukraine has developed a framework docume nt (SOE Reform Concept) for improving SOEs 
efficiency.  
This reform aims at removing corrupt public officials from management positions in SOEs, and will 
create professionally managed companies less subject to political influence. The Law also aims to make SOEs more attractive to foreign bidders to maximise benefits from the 
anticipated privatisation process in Ukraine. 
The Law will become effective after it is signed by the President of Ukraine upon its official promulgation. Other measures include: 
 Approving the composition as well as rules of procedure of the Appointment Committee - 
 Order of the Ministry of Economic Deve lopment and Trade of Ukraine No. 157 as of 
 February 23, 2015 "On approval of the Committee on the Appointment of Heads of 
 Enterprises of Especial Importance for the Economy". 
 Appointing managers of most important state enterprises on a competitive basis, business 
 competence and appropriate system of incentives. 
 Developing a concept and model of managing public holding company. 
 Organizing training of 50 CEO's of largest SOEs under the auspices of Kyiv School of 
 Economics.  
Para 3.133:  According to paragraph 3.133, the present government has embarked on a reform 
agenda targeting inter alia improved budgetary oversight, strengthened corporate governance, 
corporate restructuring, and more transparent pr ivatization. Switzerland would like to know, if 
ensuring competition has also been taken into consideration in that reform. How does Ukraine 
guarantee a level playing field in sectors concerne d with privatization? Are there regulations which 
ensure competition in these sectors? Do privatized enterprises retain their monopoly status, 
respectively their former advantage in the market? 
 Answer:  The Law of Ukraine 'On the Protection of Economic Competition' equally applies to 
state-owned, privatized and private enterprises.  WT/TPR/M/334/Add.1 
 
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  Other than natural monopolies, there are no sanc tioned monopolies. State-owned enterprises do 
not enjoy special privileges which make them more competitive than private companies.  
When privatized, a state-owned company (with dominant position) may lose or retain its dominant position in the market given competition; similarly if it was not privatized. 
Experience has shown, that privatization in many  cases has strengthened corporate governance of 
previously state owned enterprises.  
3.4.10 Competition policy 
Para 3.140:  Paragraph 3.140 states that the work of the Antimonopoly Committee involves the 
development of legislation, i.e. the elaboration of  draft laws forwarded to the Cabinet of Ministers 
for approval and adoption, as well as instructions and other legal acts promulgated within its own 
powers. Switzerland thus understands that the Antimonopoly Committee has a legislative power, is 
that correct? Is the Ukraine's Parliament, the Verkhovna Rada, consulted?  
Answer: The AMCU has no legislative power. The AMCU may make  recommendations, which may 
be draft legislation (laws, resolutions), to bo th the Cabinet of Ministers of Ukraine and the 
Verkhovna Rada. At the same time the AMCU, can elaborate and adopt secondary legislation in the 
sphere of its competence such as internal regulatory acts. 
 According to paragraph 3.140, the Antimonopoly Committee also approves draft legal acts developed by other branches of government that could affect competition. What are these legal 
acts? What happens if the Antimonopoly Committee refuses to approve these acts? 
 Answer: Draft legal acts need consent of relevant ministries and state bodies. The AMCU, as a 
state body, reviews all draft legal acts to ensure conformity with the Law of Ukraine on Protection 
of Economic Competition. The AMCU does not provide consent in case draft legislation restricts or distorts competition. If AMCU refuses to provide its consent, the relevant authority may still adopt 
the draft legislation. The AMCU subsequently may launch investigation and challenge adoption 
 Para 3.143: Paragraph 3.143 states that the Antimonopoly Committee handles appeals in relation 
to government procurement decisions. Does the Antimonopoly Committee also intervene in 
previous stages regarding government procur ement, during tender phases for instance?   
 Answer: As a complaint review authority in the field of procurement according to the Law of 
Ukraine dated April 10, 2014 № 1197-VII "On Public Procurement" the AMCU can intervene only if 
it has received a complaint. Complaints related to the tender documents may be filed at any time after the publication of the tender notice 
but no later than expiration date for submission of tender proposals. 
Complaints concerning violations committed during the procurement procedures for electronic reverse auctions can be submitted after declaring the winner of the electronic reverse auction but before the procurement 
contract is concluded. 
Besides, the AMCU can also investigate bid-rigging in public procurement. 
 4.1 Agriculture 
4.1.3 Domestic support 
Para 4.9 informs about activities of the Agrarian Fund "as a specialized government agency (…) to 
carry out market interventions for commodities subj ect to price regulation and stabilize producer 
prices". 
Could Ukraine provide further information on the proc edures and criteria related to sales out of the 
respective purchases? Does the fund register net benefits related to exports of these commodities? Which measures does Ukraine undertake in order to  avoid negative effects for its trading partners 
related to purchases and sales of commodities? 
 Answer: Ukraine regulates the wholesale prices on certain agricultural products (mainly grains, 
sugar, meat and milk) by establishing minimum an d maximum intervention prices, as well as by 
applying other measures in line with the antitrust rules and rules of fair competition. The state price regulation is conducted through interventions by the Agrarian Fund in the volumes that make 
it possible to reach the equilibrium price on the level not lower than the minimum intervention 
price and not higher than the maximum inte rvention price established by the State. 
For this purpose, the Agrarian Fund performs commo dity and financial interventions. In particular, 
the Agrarian Fund purchases certain products when the prices reach their regulated minimum and 
sells the purchased goods when the prices start to increase. Both selling and purchasing are WT/TPR/M/334/Add.1 
 
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  conducted on spot or forward terms so as to establish an equilibrium price on the level that is not 
lower than the minimum/maximum intervention price. For further details please see Section II of the Law "on State Support of Ukraine's agricultural sectors" that provides for scope and procedure of interventions by the Agrarian Fund. 
The Agrarian Fund does not register any net benefits and it engages in export only upon the 
decision by the Cabinet of Ministers. The fund is  a non-profit state organization and since 2015, it 
does not receive any financing from the budget. 
In order to avoid negative effects, as well as due to  financial difficulties and lack of financing to the 
Agrarian Fund, a Public Joint Stock Compan y "Agrarian Fund" (PJSC Agrarian Fund) was 
established so as to perform similar functions on a more competitive basis without financial support from the Budget. The PJSC Agrarian Fund is a commercial state company that conducts 
activity on the domestic market. It purchases the product (mainly grain, i.e. wheat) on forward or 
spot market prices and buys surplus products that later are processed and sold on the market, for example flour. 
 
4.1.4 Export measures Para 4.18: In para 4.18 it is stated, that Ukraine currently lacks a functioning mechanism for 
refunding VAT to exporters of agricultural products , which has the same effect as an export tax.  
Being a net importer of agricultural products, we are worried about the impact such a lack of a functioning VAT refund mechanism could have on  net food-importing countries. Is the Ukraine 
considering any changes regarding its measures affecting exports? If yes, what changes are 
planned? 
 Answer: On November 14, 2014, the Ministry of Fi nance of Ukraine issued Order No. 1128 "On 
Approval of Determining Compliance Taxpayer Valu e Added Criteria entitled to Receive Automatic 
Budgetary Compensation of Value Added Tax" wh ich established a transparent process for VAT 
refund. VAT refunds are being reimbursed either in cash or applied against tax liabilities of VAT tax 
payers: Major progress has been achieved in 2015 with respect to the refund of VAT. The current 
period for processing VAT refund has been reduced to around two months.  
 4.1.6 Selected agricultural products 
Para 4.29 and 4.31  make reference to several export-related instruments and procedures (such 
as a memorandum of understanding).  Could Ukraine please explain in detail the functioning of these mechanisms, in particular the 
memorandum of understanding. Who are the partner involved? What criteria are applied for 
determining the volume, timing and restrictions related to exports of commodities? Does this mechanism imply additional net benefits to exporters compared to exports not covered by the 
memorandum of understanding? Could Ukraine prov ide a balance of these exports? Does Ukraine 
intend to notify these measures under Article 12 of the Agreement on Agriculture? What measures does Ukraine undertake in order to avoid negative  effects for its trading partners, in particular 
net-importing developing countries related to exports of the commodities concerned? 
 
Answer: The only mechanism in place is consultations within the framework of the Memorandum 
of Understanding between the Ministry of Agrari an Policy and Food of Ukraine and producers, 
processors, and exporters of grain.  
The Ukrainian Grain Association (association of producers, processors, and exporters of grain) is the main representative of the private sector. Its members include grain producers, processors 
(including mills), trading companies, subsidiaries and representative offices of international trading 
houses, transporting and shipping agencies, and media companies. All exports fall under this mechanism.  In 2015/2016 Marketing Year, the approximate vo lumes of wheat exports from Ukraine total 
16.6 mln tonnes, including 8.8 mln tonnes of A- and B-group wheat, and 7.8 mln tonnes of non-
food wheat, specified the appendix to the memora ndum of understanding between the Ministry of 
Agrarian Policy of Ukraine and grain exporters. According to the document, the planned volumes of 
corn exports total 16 mln tonnes. Also, it is planned to supply 3.9 mln tonnes of barley and 
8 000 tonnes of rye on foreign markets. Ukraine will notify any measures falling under Article 12 of the Agreement on Agriculture. 
Since 2012, when the consultations mechanism was established within the framework of the 
Memorandum of Understanding, no restrictions have been imposed on grain exports. There are no definite criteria for determining the volume and timing related to exports of commodities. As for criteria for adopting export restrictions, these are defined in Article 16 of the 
Law on Foreign Activities and are consistent with GATT Article XI.  WT/TPR/M/334/Add.1 
 
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  THE UNITED STATES 
PART I: QUESTIONS ON THE SECRETARIAT REPORT (WT/TPR/S/334) 
2 TRADE AND INVESTMENT REGIME 2.3 Trade Agreements and Arrangements 
2.3.1 WTO 
Page 25, Paragraph 2.14: The Secretariat's report notes that Ukraine has provided more than 
460 notifications relevant to its WTO obligations. However, many changes to Ukrainian laws and/or 
regulations were not been notified at all, or we re notified after the measures laws entered into 
force or too late for useful input from WTO Members. Does Ukraine have any plans to improve the effectiveness of Ukraine's notification process?   
Answer: Ukraine has been notifying the WTO on a regular basis in accordance with the 
WTO requirements. Ukraine continuously improves its notification processes.  
Page 25, Paragraph 2.14:  The Secretariat's report notes that Ukraine promised to provide 
periodic reports on privatization during its accession negotiations but it has not done so. When does Ukraine plan to provide such reports to WTO Members? 
 
Answer: Ukraine plans to provide updated information on privatization in 2016. 
 Page 25, Paragraph 2.14: The Secretariat's report notes that the total number of SPS 
notifications provided by Ukraine is 110; however, the WTO's SPS IMS system (i.e., the official 
SPS notification database) shows the total SPS notifications as 134. Please explain this discrepancy. 
 
Answer: We confirm that 110 SPS notifications were made by Ukraine some of which fall under 
different groups (regular, emergency). Apparently, the SPS IMS system counted twice those falling 
under both groups.  
 2.3.2 Regional and preferential agreements 2.3.2.1. European Union (EU) 
Page 27, Paragraph 2.20:  The Secretariat's report notes that Ukraine will "align its legislation on 
SPS and animal welfare with the EU acquis communautaire." Does Ukraine have a list of SPS measures that will be affected and a schedule for this process? What consultative procedures will 
Ukraine employ to solicit input from domestic stakeholders and from WTO Members? How will 
Ukraine ensure that it will undertake this alignment in a manner consistent with its WTO SPS obligations? 
 
Answer: The Cabinet of Ministers of Ukraine adopted it s Resolution of 24 February of the 2016 
No. 228 "On the Adoption of the Comprehensive St rategy for the Implementation of Chapter 4 
(Sanitary and Phytosanitary Measures), Title IV Tr ade and Trade-related Matters of the Association 
Agreement between the European Union and the European Atomic Energy Community and their 
Member States, on the one part, and Ukraine, on th e other part", which provides for the list of SPS 
measures that will be affected and a schedule for this process. The timeframe range from 2016 to 
2021. 
Relevant working groups will be established invo lving stakeholders. Drafts will be posted for 
commenting by stakeholders on Ministry of Agrari an Policy and Food website. WTO Members will 
be notified of drafts in accordance with the requirements of the WTO SPS Agreement. 
Ukraine SPS laws require adherence to Codex Alimentarius, Office of International Epizootics (OIE), International Plant Protection Convention standards as well as EU standards. Where EU 
standards differ from international standards, Ukraine will consider international standards. 
 
Page 27, Paragraph 2.23:  The Secretariat's report notes that "Ukraine's enforcement of 
intellectual property rights is to be based on EU internal rules". Which EU internal rules does 
Ukraine plan to follow, and what is the timeline for Ukraine to implement these changes to 
copyright law? Will Ukraine solicit input from both domestic and foreign stakeholders?   
Answer : The main point for Ukraine in this question is the European Parliament and Council 
Directive No.2004/48/EC dated 29.04.2004, on the en forcement of intellectual property rights (EU 
Official Journal, L 157, 30.04.2004, p.45-86). Aiming  at its proper implementation and taking into 
account the peculiarities of domestic norm projecti ng techniques, two drafts have been developed, WT/TPR/M/334/Add.1 
 
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  the first one is a draft Law "On Amendments to Certain Legislative Acts of Ukraine (concerning 
strengthening the enforcement of intellectual prop erty)" and the second is the ad hoc draft Law 
"On Amendments to Certain Legislative Acts of Ukraine on Regulation of Copyright and Related 
Rights".  
The draft Law "On Amendments to Certain Legislative Acts of Ukraine (re strengthening the 
enforcement of intellectual property)" is focused on the achievement of a proper and effective level 
of intellectual property rights enforcement. This  draft Law envisages modifications to the Civil, 
Economic, Civil Procedure and Economic Proc edure Codes of Ukraine. These introduced 
modifications apply to the procedure of compensation of harm for infringement of intellectual property rights, the circle of persons who have the right to apply for their rights protection, soliciting the evidence and securing the right to be provided with information in the cases of 
intellectual property rights infringement, as well as to the alternative actions the court may take in 
such cases.  The Draft Law "On Amendments to Certain Legislative Acts of Ukraine on Regulation of Copyright 
and Related Rights" is focused on, among other things, strengthening the enforcement in the 
context of copyright and related rights: the following articles have been significantly revised: "Infringement of Copyright and Related Rights", "W ays of Civil Legal Enforcement of Copyright and 
Related Rights". New articles have been intr oduced such as "Liability for Non-Payment of 
Allowances" and "Control over the Compliance wi th the Legislation on Copyright and Related 
Rights" etc. According to the Government's 2016 Action Plan  all draft laws on the implementation of EU 
legislation have to be approved by the Cabinet of Ministry of Ukraine on June 2016. 
 2.4 Investment Regime 
Pages 33-4, Paragraph 2.53: The Secretariat's report notes that "Ukraine's foreign exchange 
regulations (Section. 1.2) pose a certain numbe r of complications for foreign investors," but 
acknowledges that some of them have been addr essed. Please describe what Ukraine is doing to 
address the remaining complications.  
 Answer : Beginning from 2013, the National Bank of Ukraine had to apply a range of restrictions in 
the foreign exchange market that were aimed at stopping the unjustified outflow of capital and 
avoiding panics in the foreign exchange market. 
According to the Letter of Intent of 21 July 2015 and the Memorandum on Economic and Financial 
Policies of Ukraine, a gradual lift of administrative restrictions in the area of foreign exchange 
regulation and control is planned. Such measures will be taken in accordance with the roadmap 
developed in cooperation with the IMF and under appropriate conditions (in particular, stable functioning of the foreign exchange market for a certain period of time, reaching the target 
amount of the foreign exchange reserves, completion of the capitalization program for banks, 
etc.). The National Bank of Ukraine launched a project on liberalization of foreign exchange regulation and free flow of capital under the IMF program EFF, the EU-Ukraine Association Agreement and the 
Comprehensive Program of Ukraine Financial Sector Development Until 2020. Plans regarding 
gradual and stepwise liberalization of foreign exchange regulation, which is rather linked to achievement of certain macroeconomic indicators and delivery of required conditions than to strict 
deadlines, are adopted by these documents. 
Considering the above mentioned, National Bank of Ukraine is ready to lift a number of temporary administrative restrictions in the foreign exch ange market (introduced beginning from 2014) and 
fundamental restrictions (implemented from earl y 1990s) after implementation of arrangements 
achieved with the IMF. Elimination of restrictions will allow the simplification of bureaucratic procedures and take away the last obstacles for all foreign exchange market participants: 
exporters, importers, direct and portfolio investor s, joint ventures and subsidiaries, players in the 
financial markets etc. 
The final objective of the foreign exchange market liberalization is ensuring free flow of capital as provided in the EU-Ukraine Association Agreement and in line with WTO obligations. 
 
3 TRADE POLICIES AND PRACTICES BY MEASURE 3.1 Introduction 
Page 36, Paragraph 3.1: The Secretariat's report notes that Ukraine's Customs Code 
incorporated a number of provisions based on "international best practice." However, businesses complain that some internationally-accepted practices are not followed across all customs offices --for example, some Ukrainian Customs officials have assessed duties based on weight of packaging 
materials and ice glazing on seafood products. How does Ukraine plan to ensure that WT/TPR/M/334/Add.1 
 
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  internationally-accepted practices are followed across all customs offices, especially those practices 
that may not be encoded by law?   Answer:  It is not to our knowledge that Ukrainian customs officials assess duties based on weight 
of packaging materials and ice glazing on seafood products. Valuation of these products is based 
on ad-valorem rates applied on customs value. Ukraine's Customs Code is based on best internationally practices, including the key standards of 
the WCO Revised Kyoto Convention and is aligned to  a large extent with the European Union Model 
Customs Law. By law, the Customs Code of Uk raine and related sublegal acts must apply 
uniformly across the territory of Ukraine. Ukraine will be strengthening internal audit and control 
functions within the State Fiscal Service. In addition, Ukraine is paying significant attention to the 
development of human resources within customs au thorities and is subjecting new and existing 
officers to integrity tests.   
Page 36, Paragraph 3.5:  The Secretariat's report notes that "As of November 2015, the 
appropriate procedures for the screening and approv al of AEOs were still being developed." Could 
Ukraine provide a progress report on such developments? Is there a date by which Ukraine 
expects to have the AEO program operational? 
 Answer: In close cooperation with the private sector, Ukraine has prepared draft amendments to 
the Customs Code to strengthen the provisions related to AEO.  These are presently at the Cabinet 
of Ministers and are expected to be adopted in 2016. Ukraine envisions an operational AEO 
program in 2017.  
3.2 Measures Directly Affecting Imports 
3.2.8 Customs valuation Page 50, Paragraphs 3.40-3.43: According to the Secretariat's report, Ukraine is following the 
procedures laid down in the Customs Valuation Agreement. However, businesses have raised 
concerns that the CVA is not being followed in all cases. Could Ukraine explain the procedure to resolve such concerns? Can businesses protest or appeal customs valuation decisions? If it is determined that a valuation was incorrectly calculated, how are refunds for overpayment 
provided? 
 Answer:  Ukraine is in the process of building capacity of customs officers on customs valuation in 
accordance with the WTO Agreement on Implemen tation of Article VII of GATT 1994. Customs 
valuation will be an integral part of Ukraine's plan in modernizing its risk management system. 
Customs officers will be required to follow risk management with the aim of accepting transaction 
value for majority of import transactions.  
Both administrative and judicial appeal processes are available, in a non-discriminatory manner, for traders in connection with customs issues, including customs valuation. The administrative appeal on refund of overpa yment is decided within 15 working days and the 
overpayment shall be refunded within 5 working days. 
 Page 50, Paragraph 3.43: In light of Ukraine's State Fiscal Service's (SFS) historical reliance on 
reference or indicative prices, the United States is concerned about the specific endorsement of 
benchmark prices in Resolution 724, even if only for risk management purposes. How will Ukraine ensure that the SFS will not use benchmark prices as minimum declared values?  
 
Answer: The Resolution No. 724 does not endorse th e use of benchmark prices as minimum 
declared values. The Resolution covers the maintenance of the database and its use within the risk management system.  
 
3.2.9 Rules of Origin Page 51, Paragraph 3.44: The Secretariat's report states that the 2012 Customs Code regulates 
issues regarding country of origin in order for goods to be conferred MFN treatment. However, 
Paragraph 3.44 states that "Proof of origin is mandatory when goods are eligible for preferential tariff treatment …". Does that mean that proof of origin is not mandatory in order for goods to 
receive non-preferential (MFN) treatment?  
 Answer: The proof of origin is not mandatory for non-preferential (MFN) goods. 
 WT/TPR/M/334/Add.1 
 
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  3.2.10 Anti-dumping, countervailin g duty, and safeguard regimes  
Page 54, Paragraph 3.55: The Secretariat's Report states that "Article 37 of the Law 'on Foreign 
Economic Activity' authorizes sanctions to be applie d to entities engaged in foreign trade or foreign 
entities found to contravene Ukrainian legislation." Please clarify whether this law can also be 
applied to the circumvention or evasion of antidumping or countervailing duties. If so, please also 
clarify if Ukraine has ever done so, identify the number of times it has done so, the orders that have been involved in such inquiries,  and the outcomes of those inquiries. 
 
Answer : Article 37 of the Law "On Foreign Economic Activity" cannot be applied to the 
circumvention or evasion of antidumping or countervailing duties. Procedure for measures application in case of avoidance of anti-dumping duty payment is 
governed by Article 27 of the Law of Ukraine "O n protection of the national producer against 
dumped imports" and Article 26 of the Law of Ukraine "On Protection of National Industry Against Subsidized Imports". 
 
3.3 Measures Directly Affecting Exports 
3.3.2  Export taxes, fees, and charges for serv ices rendered, and internal taxes on 
exports 
Pages 55-58, Table 3.14: The Secretariat's report notes that Ukraine maintains export duties on 
a number of products, such as live cattle, metal scrap, and other commodity products. Such duties often tend to distort markets for these products, to the benefit of domestic downstream users.  
Does Ukraine plan to eliminate these exports duties?   
 Answer : Ukraine undertook commitments to gradually reduce export duties on oil seed crops, live 
cattle and rawhide, ferrous wastes and scrap metals, alloy steel scrap, ferrous metals and their 
semi-finished products. Respectively, Ukraine has made all the relevant amendments to the relevant laws and is in compliance with its obligations in this regard.  
 
3.3.5 Export promotion and marketing assistance Page 59, Paragraph 3.68: The Secretariat's report states the Ukraine government has 
introduced a "system of government support to Ukrainian exporters in August 2013." Can Ukraine 
explain if financial support is being provided to exporters under the system and whether the 
assistance is contingent on export performance?  
Answer : The Cabinet of Minister's Resolution No. 568 approved the Concept of the Government 
Support System for Ukraine's Exports that foresees institutional, organizational, informational and 
financial measures to be implemented during 2013-2015 period so as to develop and implement 
an effective policy of state support for export in order to integrate Ukraine into the world economy. The above-mentioned measures are not contingent upon export. The 2016 State Budget of Ukraine does not foresee any financial support for this matter.  
3.4 Measures Affecting Production and Trade 
3.4.2  Standards, technical requiremen ts, and conformity assessment 
Page 63, Paragraph 3.84: According to the Secretariat's Report, "11,662 Ukrainian standards 
have been harmonized with international or EU st andards." The United States expects that Ukraine 
will comply with its obligations under the WTO TBT Agreement to base its national standards on 
international standards. How many of those 11,6 62 standards were harmonized with EU standards 
instead of international standards (i.e., in cases where both international and EU standards 
existed, Ukraine adopted the EU standard)? How many of those 11,662 standards were notified to 
the WTO?   
Answer : As of the end of 2015, Ukraine adopted over 12000 standards based on international and 
the EU standards. There is no tracking as to which ones were based on the EU vs international standards. It should be noted that a significant number of European standards adopted as national 
ones are identical to relevant international standards developed by the ISO and IEC. 
According to requirements of the WTO TBT Ag reement and the Code of Good Practice for 
Standardization Ukraine sends notifications to the ISO/IEC Information Center and IEC on availability of working programme for national standardization and its annexes indicating sources 
where it is published and available. 
There were no requests to Ukraine regarding dr aft standards included in working programmes for 
national standardization following through national inquiry point and ISONET center, which WT/TPR/M/334/Add.1 
 
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  functions are performed by National Standardization Body. In case of receiving requests related to 
national standards Ukraine will provide for appropriate response. Catalogue of national standards adopted in Ukra ine is available on the web-site of National 
Standardization Body (link: http://shop.ukrndnc.org.ua/).  
 
Page 65, Paragraph 3.89: According to the Secretariat's Report, the DCFTA envisions that 
Ukraine will sign an Agreement on Conformity As sessment and Acceptance of Industrial Products 
w i t h  t h e  E U  ( A C A A ) .  W h a t  i m p a c t  w i t h  a n  A C A A  h a v e  o n  n o n - E U  s u p p l i e r s  t o  t h e  U k r a i n i a n  
market? How will third country suppliers demonstrate conformity with Ukraine's new technical standards? Will Ukraine accept the same types of  accreditations or other mechanisms that are 
used for exports to the EU?  
 
Answer : Signing the ACAA Agreement will have no effe ct on non-European suppliers of products. 
Such suppliers, as it was before signing the ACAA Agreement, must prove that their products are 
in compliance with requirements of Ukrainian technical regulations. The ACAA agreement will not 
contain additional requirements for products from non-European countries. Requirements for products conformity assessment are contained directly in Ukrainian technical 
regulations. Depending on products degree of risk, conformity assessment can be carried out 
either by the manufacturer or with assistance of designated conformity assessment body. The 
ACAA Agreement will not affect the proof of prod ucts conformity originating from non-European 
countries with Ukrainian technical regulations. 
Today, the national accreditation body of Ukraine has its activity recognition at the European level. 
The National Accreditation Agency of Ukraine is an Associated Member of the European 
Cooperation for Accreditation (EA) and is a signatory to a bilateral agreement with EA in areas of 
accreditation of management systems certification, calibration and testing laboratories, personnel 
certification bodies, inspection bodies, product certification bodies.  
Page 65, Paragraph 3.91: According to the Secretariat's Report, Ukraine has adopted 24 of the 
EU's technical regulations, with an additional 3 technical regulations still to be adopted.  Consistent with its obligations under the WTO TBT Agreemen t, will Ukraine adopt international technical 
standards to meet the "essential safety requir ements" of those regulations? What type of 
consultations will Ukraine undertake with domestic and international stakeholders in the 
development of those technical standards?   
Answer : Rules and procedures for development and adop tion of technical regulations in Ukraine, 
which requirements are mandatory, are defined by  the Law of Ukraine "On Technical Regulations 
and Conformity Assessment". Notifications on draft technical regulations adopted in Ukraine on the 
basis of relevant European Directives, which requirements are mandatory, have been sent to the 
WTO. In January 2015 the Law of Ukraine "On Standardiz ation" in the new edition entered into force. 
The Law stipulates that: 
national standards and amendments to them are developed in a way that does not create technical 
barriers to trade and prevent their occurrence (Article 17); national standards are applied on a voluntary basis (Article 23). 
Furthermore, Article 17 of the Law of Ukraine "On Standardization", in particular, stipulates that 
national standards are developed on the basis of: 1) international standards and amendments to them  if they have already been adopted or are in 
the final stage of their development, or relevant  parts thereof except when such standards are 
ineffective or inappropriate, in particular considering lack of protection, significant climatic or geographical factors or technological problems; 2) regional standards and amendments to them or relevant parts thereof if international standards 
can not be used for reasons mentioned in paragraph one of this part; 
3) standards and amendments or relevant parts thereof of countries, which are members of relevant international or regional organizations for standardization and with which relevant 
international agreements of Ukraine on cooperation and works on standardization were concluded. 
If international standards and amendments to them are not taken as the basis for national standard, the National Standards Bodies provides for a written explanation related to the request 
of an interested party. 
National standards are adopted by consensus. Technical Committees for Standardization, which competence includes development and approval of national standards, are formed on the principle 
of representation of all stakeholders, including manufacturers and businesses. WT/TPR/M/334/Add.1 
 
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  Working programmes for national standardization and their annexes and notifications on draft 
national standards are published on the web-site of National Standardization Body on order to 
inform national stakeholders. Rules of national standardization works provide for procedure of publishing notifications on draft 
national standards and giving responses to comments of interested parties regarding draft 
standards provided by all stakeholders in Ukraine. According to requirements of the WTO TBT Ag reement and the Code of Good Practice for 
Standardization Ukraine sends notifications to the ISO and IEC on availability of working 
programme for national standardization and its annexes indicating sources where it is published and available. There were no requests to Ukraine regarding dr aft standards included in working programmes for 
national standardization following through national inquiry point and ISONET center, which 
functions are performed by National Standardization Body. In case of receiving requests related to 
national standards Ukraine will provide for appropriate response. 
 
3.4.3  Sanitary and phytosanitary measures 
Page 66, Paragraph 3.96: The Secretariat's report notes the establishment of a new State 
Service for Food Safety and Consumer Safety on September 2014 but that the new agency is not 
yet operational. When does Ukraine foresee the Service becoming operational?   Answer:  SPSA became operational pursuant to the Or der of the Cabinet of Ministers of Ukraine 
No. 260 "Issues of the State Service for Food Safety and Consumer Protection" adopted as of 
April 6, 2016.  
Page 67, Paragraph 3.98: The Secretariat's report notes that Ukraine aims to align its food 
safety legislation with international standards and the EU acquis. Will Ukraine look first to align its legislation to international standards, as requir ed under the WTO SPS Agreement? What type of 
consultations will Ukraine undertake with domestic and international stakeholders during this 
process?   
 Answer : Ukrainian SPS laws require adherence to Codex Alimentarius, Office of International 
Epizootics (OIE), International Plant Protection Convention standards as well as EU standards. 
Where EU standards differ from international standards, the priority will be for international standards. 
Relevant working groups will be established invo lving stakeholders. Drafts will be posted for 
commenting on Ministry of Agrarian website fo r commenting by stakeholders. WTO Members will 
be notified of drafts in accordance with the re quirements of the WTO SPS Agreement and will be 
provided opportunity for commenting. 
 Page 67, Paragraph 3.99: The Secretariat's report notes that new Food Safety Law amendments 
(Article 53) require that imports of food products (except products of animal origin) and raw 
materials for the food industry must be accompanied by an "international certificate" or other 
documents issued by the competent authority of the country of origin. Can Ukraine explain this 
r e q u i r e m e n t ?  W h a t  i s  m e a n t  b y  a n  " i n t e r n a t i o n a l  c e r t i f i c a t e "  o r  d o c u m e n t s  i s s u e d  b y  t h e  
competent authority? What should be provided if the supplier country does not envisage or provide 
such certificates?  
Answer: Article 1 of the Law of Ukraine № 1602-VII "On Amendments to Several Laws with 
respect to Food Safety" defines 'international certificate' as a document, the form and content of which meet the guidelines of the relevant intern ational organizations, issued by the competent 
authority of the country of origin, certifying animal health and/or suitability of food for 
consumption. 
Any certificate attesting to animal health and/or suitability of food for consumption is issued by competent authority in exporting country acceptable, provided it is agreed on a bilateral basis. 
Note that products of animal origin are regulated under the new Food Law. 
 Para 68, Paragraph 3, 103: The Secretariat's report notes that Ukraine plans to develop its own 
form of international certificate for imports of meat and meat products. Can Ukraine please explain 
what will be required under this certificate?   Answer: This will be developed based on OIE model. The content and specifics have to be agreed 
with each trading partner on a bilateral basis. WT/TPR/M/334/Add.1 
 
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  Page 69, Paragraph 3.108: The Secretariat's report states that Ukraine has undertaken to align 
its GMO legislation with the EU. Does Ukraine plan to adopt the EU regulations in full, or will regulations be modified to apply to the situation in the Ukraine? When does Ukraine plan to make such regulation changes? Does Ukraine plan to automatically accept all the GE traits already 
approved by the EU? 
 Answer: The building blocks of the GMO EU legislation consist of: Directive 2001/18/EC; 
Regulation (EC) 1829/2003; Directive (EU) 2015/ 412; Regulation (EC) 1830/2003; and Directive 
2009/41/EC.  
 Ukraine does not intend to adopt the EU regulations in full. On February 24th, 2016, the 
Government adopted the decree "On Approval of Comprehensive Strategy for Implementation of 
Chapter IV (Sanitary and Phytosanitary Measures) of  Title IV "Trade and Trade-related Matters" of 
the Association Agreement between Ukraine and the EU.  The Strategy provides for the measures 
to be implemented, in particular, Regulation 1829/2003 as of September 22, 2003 on genetically 
modified food and feed (planned to be impl emented in 2019); Regulation 1830/2003 as of 
September 22, 2003 concerning the traceability an d labelling of genetica lly modified organisms 
and the traceability of food and feed products  produced from genetically modified organisms 
(planned to be implemented in 2019) and Directiv e 2001/18/EC of the European Parliament and of 
the Council (planned to be implemented in 2016).  
Ukraine does not plan to automatically accept all the GE traits already approved by the EU. 
 
Page 69, Paragraph 3.108 : With regard to creation of GMO registries, what is the expected 
timeline for developing the specific sub-legislation for registering GMO sources for plants and 
animals as well as food and feed? 
 Answer: The registration of GMO has been in place since 2009 based on Cabinet of Ministers 
Resolution No. 808 of 23 July 2009 on certain Aspects of Conduct of Approbation (Tests) and 
Registration of GMO of Agricultural Plant Varieties.  3.4.4  Trade-related investment measures 
Page 70, Paragraph 3.111: The Secretariat's report notes that amendments to the Law "on the 
Electric Power Industry" provide for an increa se in the premium payment when more local 
components are used. Please explain how these premiums are consistent with Ukraine's 
obligations under the WTO TRIMS Agreement.   
 Answer : These payments do not create additional burden or any impediments for energy 
producers from obtaining "green tariff".  
 Page 70, Paragraph 3.112: With regard to the local content requirements for manufacturers of 
agricultural equipment established in Cabinet of Ministers' Resolution No. 369 of 27 May 2015, 
what benefit is granted to manufacturers who meet the applicable ratios? Please explain how this 
Resolution is consistent with Ukraine's ob ligations under the WTO TRIMS Agreement.   
 
Answer : Please note that the Resolution was adopted on 27 May 2013. 
Manufacturers of agricultural equipment benefit from: - partial (70 percent) compensation of refinancing rate of the National Bank of Ukraine for 
bank loans granted to enterprises of domestic  mechanical engineering for agriculture to 
manufacturing machinery and equipment for agriculture, and state support for banks engaged in long-term loans of these companies.; - partial (40 percent) state compensation co st of machinery and equipment supplied to 
agricultural producers and enterprises of food and processing industry; 
- purchase of domestic agricultural machinery and equipment for subsequently selling to 
agricultural producers and enterprises of food an d processing industry under financial leasing. 
This policy does not impose any requirements on investors to use local content. As such, this 
policy does not violate TRIMS Agreement.   
3.4.6  Transit 
Page 72, Paragraph 3.118: The Secretariat's report states that commercial merchandise moving 
in transit through Ukraine is only subject to cu stoms charges where required by law. Can Ukraine 
provide a list of the customs charges that are required by law for commercial merchandise moving 
in transit through Ukraine? WT/TPR/M/334/Add.1 
 
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  Answer : Presently, there are no customs fees or charges imposed on commercial merchandise 
transiting through the territory of Ukraine. Customs however collect unified fees for highway usage by vehicles.  
3.4.8 State trading, state-owned enterprises, and privatization 
Page 74, Paragraph 3.130: The Secretariat's report states that in spite of the many 
privatizations that have taken place, some 3,500 enterprises – accounting for 37% of Ukraine's 
GDP – remain in public ownership and dominate some sectors of the Ukrainian economy. Please 
provide additional information regarding any plans for future privatizations of such enterprises, 
and additional details of the plans themselves.   
Answer: The Resolution of the Cabinet of Ministers No. 271 as of May 12, 2015 "On conducting a 
transparent and competitive privatization in 2015-2016" provides for the list of 124 state 
enterprises that are subject to sale in 2016. The resolution also set forth the list of 43 state 
enterprises that could be sold after their exclusion from the list of state enterprises that are not 
subject to privatization.  Additionally, the State Property Fund of Ukrain e issued an Order No. 42 as of January 12, 2016 
"On Approval of the Privatization Schedule for Objects of Groups C and D in 2016" that provides 
for the sale of state enterprises of the groups concerned, inter alia : "Ternopolyoblenergo", 
"Zaporozhyeoblenergo", "Harkovoblenergo", "Hme lnitskoblenergo", "Nikolayevoblenergo", "The 
Odessa port plant", "The Odessa combined heat  and power plant", "The Kherson combined heat 
and power plant", "The Nikolaev combined heat and power plant" and others. 
Please see additional information on privatization in section 2.5 of the Government Report.  
Page 75, Paragraphs 3.131-133: The Secretariat's Report states that "corporate governance 
structure is generally weak in Ukraine's state-owned enterprises" and identifies a number of steps that the government has taken to try to remedy this. Please provide an update as to whether 
these steps have shown any appreciable improvement in the corporate governance structure of 
the state-owned enterprises, and identify any sp ecific examples where the government has seen 
improvement and the methods that have been most effective in doing so.  
Answer:  Ukraine approved composition and procedure rules for the Appointment Committee by 
Order of the Ministry of Economic Develo pment and Trade of Ukraine No. 157 as of 
February 23, 2015 "On approval of the Committee on the Appointment of Heads of Enterprises of 
Especial Importance for the Economy". In 2015 managers of 6 important state enterprises were 
appointed by this Committee on a competitive basis. "SOE Reload" task force together with the Minist ry of Economic Development and Trade organized 
training of 50 CEO's of largest SOEs under the auspices of Kyiv School of Economics. 
 Page 75, Paragraph 3.134: The Secretariat's Report states that during Ukraine's accession 
process, eight enterprises were considered potent ial state trading enterprises (STEs) within the 
WTO definition in Article XVII. However, only one has been officially notified. Please explain why 
the other seven STEs have not been notified to the Working Party on State Trading Enterprises. 
 
Answer : On the date of accession to the WTO, Ukra ine had eight state trading enterprises with 
exclusive or special privileges. Presently, only one company falls under the definition of Article XVII of GATT 1994, that is the state concern of liqueur and spirits industry "UKRSPYRT". 
Notification under Article XVII:4(a) of the GATT 1994 and paragraph 1 of the Understanding on the 
Interpretation of Article XVII of this STE is being prepared. 
 
3.4.12 Trade-related intelle ctual property regime 
Page 78, Paragraph 3.148: The Secretariat's report notes that Ukraine promised to study 
joining the Brussels Convention Relating to th e Distribution of Programme-Carrying Signals by 
Satellite. Has Ukraine reviewed the Brussels Conven tion and will it join the Brussels Convention?  
 
Answer : Ukraine has not considered reviewing the Brussels Convention.  
Draft Law "On Amendments to Certain Legislative Ac ts of Ukraine on Regulation of Copyright and 
Related Rights" has been drafted and is soon to be submitted to relevant executive government 
bodies for approval. With respecting the requiremen ts of the Action Plan on Implementation of the 
EU-Ukraine Association Agreement (approved by the Ordinance of the Cabinet of Ministers of 
Ukraine dated 17.09.2014 No.847) this Draft Law takes into account the provisions of a series of 
EU directives in the field of copyright and rela ted rights, including the European Parliament and WT/TPR/M/334/Add.1 
 
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  Council Directive No.93/83/EC dated 27.09.1993, on the coordination of certain rules concerning 
copyright and rights related to copyright applicable to satellite broadcasting and cable retransmission (EU Official Journal, L 248, 06.10.93, p.15-21).  
Page 82, Paragraph 3.153: The Secretariat's report provides some statistics on violation of IP 
rights. Does Ukraine have available statistics on the destruction of seized counterfeit goods?  
Answer: There are no aggregate statistics on the destruction of seized counterfeit goods. Ukraine 
intends to establish a system for collecting such information.   Page 82, Paragraph 3.154: The Secretariat's report notes significant problems in the area of 
intellectual property rights enforcement. Issues of particular concern included the administration of 
collection societies, the widespread use of illegal software by government agencies, and the failure to combat effectively widespread online infringe ment of copyright and related rights. What are 
Ukraine's plans for addressing these outstanding problems? 
 Answer : A new Draft Law on Collective Management Organizations, based on EU Directives, is 
being finalized by the Ministry of Economic Development and Trade of Ukraine. To address the 
outstanding issues before the draft law is passed actions to stop an uncontrolled growth in the 
number of collective management organizations were taken. A Joint Order by the MEDT and the Ministry of Education and Science of Ukraine (M ESU) of 16 February 2016 No 243/126 entitled "On 
amendments to the Procedure of keeping record  of collective management entities and of 
supervision over their operations" Order 311 issued  by MESU on 21 May 2003 was adopted. As of 
now no new collective management entities may be registered until the new law is passed.  
 The Ministry of Economic Development and Trade has conducted preliminary audit of the software 
installed with governmental agencies and preparing action plan to eliminate this matter. For 2016 Ukraine has allocated costs to gradually install legal software within several governmental 
agencies. 
On 28 January 2016, the Parliament of Ukraine passed the draft law "On State support of cinematography in Ukraine" (registration number 3081-D of 27 November 2015) on the first 
reading. Among other things, this legislation am ends the copyright and related rights law of 
Ukraine, introducing effective mechanisms to stop infringements of copyrights and related rights 
on the Internet under a pre-action protocol. In particular, it permits deletion of, or blockage of access to, content posted in violation of copyrights or related rights. It also holds both website 
owners and information intermediaries liable for failure to comply with requirements to delete 
illegal content. Ministry of Economic Development and Trade of Ukraine developed draft law "On Amendments to 
Certain Legislative Acts of Ukraine on Regulati on of Copyright and Related Rights Issues in 
Internet". This draft law was publicly discusse d, due notes were taken from civil society, 
stakeholders, associations. On 23 October 2015 the draft law was submitted to the Parliament and 
is being under consideration of the relevant committees.  
More broadly, the system of governmental agencies responsible for IPR protection underwent 
significant changes in 2015. Specifically, a special unit was created within the National Police of Ukraine to counteract IPR infringements. This special unit initiated 802 criminal proceedings 
through the end of 2015 for criminal IPR violations, including 466 cases for criminal piracy of 
copyright and related rights; 59 cases for criminal  circulation of pre-recorded CDs; 254 cases for 
criminal counterfeiting of trademarks for goods and services; and 23 cases on other criminal-level 
violations of rights to objects of industrial pr operty. These efforts seek to identify criminal 
offenses, and to bring offenders to justice, appl ying appropriate criminal liability. In 2015, the 
courts considered 32 cases of Internet-based copyright and related rights infringements. The operations of 61 pirate sites were shut down. In addition, three criminal cases were brought in 
2015 against owners of pirate websites. The defend ants (owners of the see.od.ua, kinopab.net and 
imperia-kino.com.ua sites) were convicted and imprisoned for appropriate terms. Interaction between Ukrainian law enforcement agencies and th e FBI continues to be enhanced. Specifically, 
in the course of ongoing criminal proceedings, joint investigation actions are being performed to 
document transnational criminal groups actively involved in IPR violations such as digital piracy, which harm the economy of many countries. In a ddition, a pilot project has been launched to 
develop effective mechanisms for addressing issues  related to identification of web page content 
as proof of copyright or related rights violations on the Internet. The pilot project is also developing mechanisms for settlements and payments for use of protected content on the Internet, as well as resolutions of copyright and related rights disputes related to the Internet 
usage under a pre-action protocol. WT/TPR/M/334/Add.1 
 
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  Page 83, Paragraph 3.155: The Secretariat's report notes that the State Intellectual Property 
Service has developed a new draft law "on Amendments to Certain Legislative Acts of Ukraine on Regulation of Copyright and Related Rights Issues " which gives consideration to the provisions of 
six related EU Directives." What is th e current status of this legislation? 
 
Answer : The Draft Law "On Amendments to Certain Legislative Acts of Ukraine on Regulation of 
Copyright and Related Rights" is soon to be submitted to relevant governmental bodies for review. 
 
4 TRADE POLICIES BY SECTOR 4.1 Agriculture 4.1.4  Export measures 
Page 89, Paragraph 4.18: The Secretariat's report notes concerns about the backlog of VAT 
refunds to exporters of agricultural products, further noting that Ukraine does not have a functioning mechanism to refund VAT payments. What are Ukraine's plans to address such 
concerns? 
 Answer: On November 14, 2014, the Ministry of Fi nance of Ukraine issued Order No. 1128 "On 
Approval of Determining Compliance Taxpayer Valu e Added Criteria entitled to Receive Automatic 
Budgetary Compensation of Value Added Tax" wh ich established a transparent process for VAT 
refund. VAT refunds are being reimbursed either in cash or applied against tax liabilities of VAT tax 
payers: Major progress has been achieved in 2015 with respect to the refund of VAT. The current 
period for processing VAT refund has b een reduced to around two months.   
 4.1.6  Selected agricultural products 
Page 92, Paragraph 4.31: With respect to export policy, it is stated that "exceeding agreed 
export volumes" under a Memorandum of Understanding "does not necessarily trigger the introduction of export restrictions." Could Ukraine explain the circumstances under which it would 
restrict exports? 
 Answer:  Exports of grain may be restricted based on the Law "On Foreign Economic Activity of 
Ukraine", which permits the imposition of quantitative restrictions in case of considerable 
disturbance of the equilibrium with respect of ce rtain commodities being of substantial importance 
for the life in Ukraine on the domestic market. Such restrictions are provisional and can be applied until the restoration of the equilibrium in respect of certain commodities on the domestic market. 
This is consistent with GATT Article XI and the Agreement on Agriculture Article 12. 
 Page 93, Paragraphs 4.33 and 4.34: The Secretariat's report notes that Ukraine was a net 
exporter of sugar in 2012-14 but has a tariff rate quota (TRQ) on imports. Can Ukraine explain 
why a TRQ is needed if Ukraine is a net exporter of sugar?  Answer:  TRQ for sugar fully corresponds to Ukraine's commitments in the WTO. In addition, the 
TRQ is applied only to raw cane sugar and not refined sugar where Ukraine is a net exporter. 
 4.4 Manufacturing 
Page 105, Paragraph 4.86: The Secretariat's report notes the importance of the pharmaceutical 
sector in Ukraine. How does Ukraine plan to implement its pharmaceutical data protection provisions?  
 
Answer: The TRIPS pharmaceutical data protection provisions have been implemented in the Law 
on Pharmaceuticals No. 123/96 of 4 April 1996 (as amended in 2012). Ukraine is working with the 
private sector to strengthen the administration of these provisions. 
 
4.5 Services 4.5.4 Telecommunications and postal services 
Page 122, Paragraph 4.169: The Secretariat's report notes that Ukraine may impose universal 
(public) service obligations on telecom operators. How many suppliers have been subject to a universal service obligation (USO) and for what items? Are any services reserved for suppliers with 
a USO? If so, how is the reserved service define d? If not, is a compensation fund or other 
mechanisms used to offset the burdens of a USO?   Answer : There in no supplier in telecommunication sector subject to Universal Service Obligation 
(USO) as per Article 64 of the Law "on Telecommunications" No. 1280-IV of 18.11.2003. Overall, WT/TPR/M/334/Add.1 
 
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  the USO may include the providing the following services: connection of consumer's terminal 
equipment to fixed-line public telecommunication networks (universal access), fixed-line local telephone calls, emergency calls and information services, and public payphones.  Tariffs for public telecommunication services are subject to state regulation by means of tariff caps 
which are obligatory for all telecommunication operators that provide such services. 
There is no compensation fund or any other mech anisms used to offset the burdens of a USO. 
 
Page 122, Paragraph 4.171:  The Secretariat's report notes that Ukraine may require operators 
to undertake a contribution to a compensation fund. Please describe any existing requirements for contributions to a compensation fund.   
Answer : The Law of Ukraine "On Postal Services" does not provide for the operation of a 
compensation fund for postal services. As of today, within the context of EU Directiv e 97/67/EC on common rules for the development of 
the internal market of Community postal servic es and the improvement of quality of service 
implementation plan, approved by decree of th e Cabinet of Ministers of Ukraine of 18.03.2015 
No. 222, the Ministry of Infrastructure of Ukra ine developed a draft law amending the Law of 
Ukraine "On postal services", which aims at further development of the postal sector in Ukraine, 
the fulfillment of Ukraine's commitments und er the EU-Ukraine Association Agreement. 
NCCIR did submit proposals amending the abovemen tioned draft law providing that the designated 
operator of postal services may apply for a compensation of losses due to the provision of 
universal postal services and submit a relevant losses account to the National Regulator, as well as 
providing for amendments to the Tax Code of Ukraine relative to the compensations for the 
provision of universal postal services. 
Currently, the abovementioned draft law amending th e Law of Ukraine "On Postal Service" is being 
discussed.  
PART II: QUESTIONS ON THE GOVERNMENT REPORT (WT/TPR/G/334) 
2 MACROECONOMIC AND TRADE POLICY REGIMES 2.3 Investment Regime Page 9, Paragraph 2.36: The Government Report states that Ukraine adopted protections for 
plant varieties on December 8, 2015. Which enforcement bodies in Ukraine have authority to 
protect plant varieties and other agricultural intellectual property? Are there efforts to increase Ukraine capacity to enforce these plant protection s? Does the Ministry of Agriculture plan to 
incorporate functions on registration of plant varieties? Which structural divisions would implement 
those functions?   
 
Answer: The Department of Farming and technical poli cy in the field of agriculture under the 
Ministry of Agrarian Policy and Food of Ukraine has the authority to protect plant varieties and other agricultural intellectual property. This de partment is currently working on developing the 
State Register of Plant Varieties and will responsible for administering the registry. 
 
Page 9, Paragraph 2.37: The Government Report highlights three draft bills on audiovisual 
products (No. 3384, 30/10/2015); on copyright and related rights regulating software and 
databases; and on improving collective management. Can Ukraine provide additional details about 
these laws and numbers for the latter two, as well as brief summaries of the substance of all three?  
 
Answer: The purpose of the draft Law of Ukraine No. 3384 "On Amendments to the Law of 
Ukraine" On the distribution of audio-visual works, phonograms, computer programs and databases" is to provide the legal protection of the rights of authors, performers, producers of 
phonograms (videograms), computer programs and databases in the distribution of their works 
and performances, to overcome piracy and improving the investment climate in Ukraine.  Adoption of the draft law will create an additional and si gnificant mechanism to combat violations of the 
legitimate rights and interests of IPR owners . The proposed changes enable improvement the 
process of issuing control marks and allow IPR owners to independently monitor the implementation of the law in terms of issuing co ntrol marks. Ultimately, the implementation of 
provisions of the draft law will prevent the use of economic sanctions to Ukraine by the 
U.S. Government.  Draft Law № 4144 "On Amendments to Certain Acts on Acquisition, Disposal and Protection of 
Copyright and Related rights". This Draft law is  developed to implement Articles 181 and 187 of 
the Association Agreement and Directive 2009/24/E C of the European Parliament and of the WT/TPR/M/334/Add.1 
 
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  Council of 23 April 2009 on the legal protection of computer programs, Directive 96/9/EC of the 
European Parliament and of the Council of 11 March 1996 on the legal protection of databases. The adoption of the proposed act is necessary to create legal grounds for concluding license agreements based on public proposals. 
The Draft Law № 2943 "On Amendments to some legislative acts of Ukraine concerning 
improvement of the collective management of copy right and related rights" was recalled from the 
Parliament. A new draft law is under preparation. 
 
Page 9, Paragraphs 2.37 & 2.42: The Government Report identifies two draft laws – No. 3353, 
23/10/2015, and No. 3081-d, 27/11/2015 – adopted by the Parliament in first reading in January 2016 and a draft bill "On Amendments to certain acts on acquisition, disposal and 
protection of copyright and related rights," a pproved by the government of Ukraine on 16 
December 2015 and to be sent to the Parliament. Can Ukraine provide any more details about the subject matter of these three laws?  
 
Answer : a) Draft Laws No.3353 & No. 3081-d. This legislation amends the copyright and related 
rights law of Ukraine, introducing effective mechanisms to stop infringements of copyrights and 
related rights on the Internet under a pre-action protocol. In particular, it permits deletion of, or 
blockage of access to, content posted in violation of copyrights or related rights. It also holds both website owners and information intermediaries liable for failure to comply with requirements to delete illegal content.  
Draft Law No. 3081-D also envisages significant changes in the language of Article 176 of the 
Criminal Code of Ukraine. New provisions introduce criminal persecution for copyright piracy and related rights infringement. Covered activities include Internet piracy; camcording; cardsharing; 
unauthorized reproduction and dissemination on video tapes, floppies, discs and other media using 
cloud storage of data (files) accessible to Intern et users; financing such operations; and other 
willful violations of copyrights and related rights.  
Draft Law No. 3081-D also foresees respective changes to the "E-Commerce" Law of Ukraine 
approved 03rd of September 2015 in order to implement the requirements of the EU-Ukraine 
Association Agreement (DCFTA) and EU Directive 2000/31/EC on e-commerce. The proposed changes define clear liability of intermediary service providers. 
b) Government-initiated Draft Law "On Amendments to certain acts on acquisition, disposal and 
protection of copyright and related rights" has been registered in Parliament on 24.02.2016 No. 4144.  
It provides new regulation of IPRs on objects (sof tware, data bases, etc) created during "work on 
hire":  - Ownership of computer programs and data bases belongs to employers; 
- Ownership of economic copyright when the state is the employer belongs to state;  
- Ownership of the economic right on the rest of IP is defined on a contractual base. Draft Law No. 4144 also provides the opportunity to conclude licensing agreements regarding copyrights and related rights on the basis of pub lic offer via telecommunication systems. This Draft 
Law meets the requirements of DCFTA, TRIPS Agreement and WIPO legislation.  
 Page 9, Paragraph 2.41: Regarding the draft bill on "control marks," can Ukraine provide any 
more details on the process improvements esta blished in the draft bill and how the analyzed 
information will help users independently protect their interests? Was this draft bill modeled on legislation successfully implemented in some other country? 
 
Answer : Draft Law on "Amendments to the Article 5 of Act on distribution of audiovisual products, 
phonograms, videograms, computer programs and databases" was approved by Government and submitted to Parliament (registration No. 3384, 30/10/2015).  
Draft Law No.3384 improves the process of markin g by control marks and control for their use. 
The mechanism, introduced by this Draft Law, provides for essential increasing of transparency of the procedure of control marks labeling. In case of the Draft Law adoption, the central body of 
executive power, realizing the state policy in IP sphere, within three working days from the date of 
control marks granting, shall publish at its official Web-site the list of a standard form of titles of exemplars of audiovisual works, phonograms, vi deograms, computer programs, databases with 
indication of works fixed in these exemplars (in language used for the original of the relevant 
exemplar), data on the applicant (for legal enti ties – full name, for natural persons – surname, 
given name, patronymic), in respect of whom a decision on control marks granting was taken, the number of granted control marks, the date of control marks granting.    WT/TPR/M/334/Add.1 
 
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  The mentioned information is very important for rightholders as it permits to monitor the situation 
and to take actions in due time in cases when a control mark is received by unfair applicant.   
 3 TRADE RELATED REFORMS 
3.1 Trade Performance 
Page 10, Paragraph 3.5: Ukraine notes that it is a net exporter of high-technology services. We 
understand that there have been discussions with in the Ukrainian government on joining the WTO 
Declaration on the Expansion of Trade in Information Technology Products to eliminate tariffs on 
cutting-edge ICT products. In fact, Ukraine is already reducing its tariffs on products covered by ITA Expansion as part of the DCFTA implementati on. Does Ukraine have plans to become an ITA 
Expansion participant? 
 
Answer: Currently, the Ministry of Economic Developm ent and Trade of Ukraine is assessing the 
impact of elimination of import duties for the listed goods both for consumers and the relevant 
sectors of the economy. The decision as to the Ukraine's accession to the ITA Expansion will be 
taken after the completion of the assessment.  
3.5 Technical Regulation System Reform 
Pages 14-15, Paragraph 3.56: The United States supports Ukraine's efforts to transition away 
from the old GOST standards towards a more modern and less burdensome regulatory system. Will Ukraine confirm that, as it makes this change, it  will rely primarily on international standards?  
 
Answer : Article 17 of the Law of Ukraine "On Standardization" in the new edition that entered into 
force in January 2015, in particular, stipulates that national standards are developed on the basis 
of: 
1) international standards and amendments to them  if they have already been adopted or are in 
the final stage of their development, or relevant  parts thereof except when such standards are 
ineffective or inappropriate, in particular considering lack of protection, significant climatic or 
geographical factors or technological problems; 2) regional (in particular, European ones) standards and amendments to them if international standards can not be used for reasons mentioned in paragraph one of this part; 
3) standards and amendments to them of countries, which are members of relevant international 
or regional organizations for standardization and with which relevant international agreements of Ukraine on cooperation were concluded. 
National standards and amendments to them are developed in a way that does not create 
technical barriers to trade and prevent their occurrence If international standards and amendments to them are not taken as the basis for national 
standard, the National Standards Bodies provide for a written explanation related to the request of 
an interested party. According to the EU – Ukraine Association Agreem ent Ukraine should adopt European standards, 
compliance with which provides presumption of conformity with requirements of the European 
Directives set out in Annex III to the Agreement, as identical national standards. That is those 
standards that must be included in the list of harmonized standards for technical regulations adopted in Ukraine on the basis of relevant European Directives. Such lists of national harmonized 
standards should be identical to the lists of Europe an standards published in the Official Journal of 
the European Union.  
Page 15, Paragraph 3.59: With respect to Ukraine's efforts aimed at reforming its outdated 
standardization system, can Ukraine describe its process for adopting new technical standards? Does Ukraine prioritize international or EU standards? What happens when there is a discrepancy between EU and international standards? Does Ukraine provide opportunities for consultation with 
industry and with WTO Members on the issue of wh ich standards to adopt? Does Ukraine take into 
consideration whether an EU standard is accepted by a majority of WTO Members? Does Ukraine notify the WTO of those adoptions? 
 
Answer : The Law of Ukraine "On Standardization" in new edition, which entered into force in 
January 2015, laid the foundation for further actions on national standardization improvement and 
continuation of process of its alignment with rules and procedures of international standardization. 
The Law provides for: priority adoption of international standards as national ones in Ukraine; voluntary application of standard if otherwise is not specified by regulatory acts; adoption of standards by consensus; establishment and func tioning of a single and independent National 
Standardization Body, preventing approval of draf t national standards with government agencies; WT/TPR/M/334/Add.1 
 
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  avoiding settlement of any rules related to th e development of enterprises' standards and 
specifications, and so on. The Law stipulates that: national standards and amendments to them are developed in a way that does not create technical 
barriers to trade and prevent their occurrence (Article 17); 
state policy in the field of standardization is based on balanced application of principles, in particular regarding the priority of adoption of international and regional standards as national 
ones in Ukraine (Article 4); 
requirements for publishing notifications on draft national standards and providing for responses to 
comments to drafts (Article 20). National standards are adopted by consensus.  
Technical Committees for Standardization, which competence includes development and approval 
of national standards, are formed on the principle of representation of all stakeholders, including manufacturers and businesses. Membership in Technical Committees for Standardization is 
voluntary.  
The basic standards for national standardization were adopted in Ukraine, including DSTU 1.2 "Rules for works on national standardization", DSTU 1.7 "Rules and methods of adoption of 
international and regional regulatory acts", by which ISO/IEC Guide 21-1:2015 and ISO/IEC Guide 
21-2:2015 are adopted as non-equivalent, DSTU 1.13 "Rules of notifying trading partners of Ukraine".  Working programmes for national standardization and their annexes and notifications on draft 
national standards are published on the web-site of National Standardization Body on order to 
inform national stakeholders. Rules of national standardization works provide for procedure of publishing notifications on draft 
national standards and giving responses to comments of interested parties regarding draft 
standards provided by all stakeholders in Ukraine. According to requirements of the WTO TBT Ag reement and the Code of Good Practice for 
Standardization Ukraine sends notifications to the ISO and IEC on availability of working 
programme for national standardization and its annexes indicating sources where it is published and available. There were no requests to Ukraine regarding dr aft standards included in working programmes for 
national standardization following through national inquiry point and ISONET center, which 
functions are performed by National Standardization Body. In case of receiving requests related to 
national standards Ukraine will provide for appropriate response. 
According to requirements of the WTO TBT Ag reement and the Code of Good Practice for 
Standardization Ukraine sends notifications to the ISO and IEC on availability of working programme for national standardization and its annexes indicating sources where it is published 
and available. Catalogue of national standards adop ted in Ukraine is available on the web-site of 
National Standardization Body (link: http://shop.ukrndnc.org.ua/). At the same time, according to the EU – Ukraine Association Agreement Ukraine should adopt European standards, compliance with which provides  presumption of conformity with requirements 
of the European Directives set out in Annex III to the Agreement, as identical national standards. 
In order to fulfill such obligations Ukraine has cancelled international standards previously adopted as national ones and replaced them with relevant European standards only if they refer to 
standards that must be included in the list of harmonized standards for technical regulations 
adopted in Ukraine on the basis of relevant European Directives. Such lists of national harmonized standards should be identical to the lists of Europe an standards published in the Official Journal of 
the European Union.  
Issue regarding adoption of European standard s to replace national standards, by which 
international standards were adopted, was followed  up before by the EU Member States which are 
the WTO Members. Ukraine brings its legislation and national standards in line with the EU – 
Ukraine Association Agreement. 
A significant number of European standards adopted in Ukraine as national ones are identical to 
relevant international standards developed by the ISO and IEC. According to the commitments of 
affiliated member of the European organizations for standardization Ukraine sends notifications on 
adopted European standards as national ones to the CEN/CENELEC Secretariat.  
Page 15, Paragraph 3.59: In its Report, Ukraine notes that it has "adopted 4,833 national 
normative documents (standards and amendments to standards), 2,651 of which were harmonized with International and European ones." Were any EU standards adopted instead of international standards where both EU and international stan dards existed? If so, how many and for which 
standards?  WT/TPR/M/334/Add.1 
 
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  Answer : According to the EU – Ukraine Association Agreement Ukraine should adopt European 
standards, compliance with which provides presumption of conformity with requirements of the European Directives set out in Annex III to the Agreement, as identical national standards. In order to fulfill such obligations Ukraine has cancelled international standards previously adopted 
as national ones and replaced them with relevant European standards only if they refer to 
standards that must be included in the list of harmonized standards for technical regulations adopted in Ukraine on the basis of relevant European Directives. Such lists of national harmonized 
standards should be identical to the lists of Europe an standards published in the Official Journal of 
the European Union.  
Issue regarding adoption of European standards to replace national standards, by which 
international standards were adopted, was followed  up before by the EU Member States which are 
the WTO Members. Ukraine brings its legislation and national standards in line with the EU – 
Ukraine Association Agreement. 
A significant number of European standards adopted in Ukraine as national ones are 
identical to relevant international standards developed by the ISO and IEC. According to the 
commitments of affiliated member of the European  organizations for standardization Ukraine sends 
notifications on adopted European standards as national ones to the CEN/CENELEC Secretariat. 
According to requirements of the WTO TBT Ag reement and the Code of Good Practice for 
Standardization Ukraine sends notifications to the ISO and IEC on availability of working programme for national standardization and its annexes indicating sources where it is published and available. The catalogue of national standards adopted in Ukraine is available on the web-site 
of National Standardization Body (link: http://shop.ukrndnc.org.ua/). 
 
_______________ 
 WT/TPR/M/334/Add.1 
 
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  REPLIES TO QUESTIONS SUBMITTED AFTER THE DEADLINE AND TO FOLLOW-UP OR 
ADDITIONAL QUESTIONS 
BRAZIL PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT 
III TRADE POLICIES AND PRACTICES BY MEASURE 
3.2 Measures Directly Affecting Imports  
3.2.1 Import procedures and requirements  
 
Page 36 (para 3.7): The Secretariat report notes that until June 2015, activity licences were 
required to engage in importation of certain goods, but such licences are no longer required. Currently, prior permission is needed only for im ports of alcoholic beverages and tobacco products. 
In that regard, please answer: 
 
1. Does the Government of Ukraine intend to di scontinue the requirement of prior permission 
for the import of tobacco products? If so, when? 
 Answer: Draft law No. 2498a  on Amendments to Certain Legislative Acts of Ukraine regarding the 
reduction of licensing procedures in the field of foreign trade activities, presently at Parliament, 
calls for cancelling the import licensing requirements for tobacco products.  3.2.4 Tariff quotas and tariff exemptions  
Pages 42 and 43, (para 3.17 and 3.18): The Secretariat report notes that the Government of 
Ukraine offers a tariff quota for imports of raw cane sugar, amounting to 267,800 tonnes annually. 
According to information from the Ministry of Economic Development and Trade, no applications 
for import licences were received in 2013 and 2014. In spite of that, domestic prices of sugar are 
considerably higher than import prices. In that regard, please answer:  
2. Were applications for import licences of cane sugar requested since 2014? 
3. Is there any additional administrative requirement for the import of cane sugar? 
 Answer: The Procedure on allocation of imports tariff quota for the raw cane sugar to Ukraine is 
approved by the Resolution of the Cabinet of Mi nisters of Ukraine of 12 November 2008 No. 1002.  
In 2015 no applications from importers to obtain licenses to import raw sugar from cane within the tariff quota were received.  
There is no additional administrative requirement for the import of cane sugar. 
 3.2.10 Anti-dumping, countervailing duty, and safeguard regimes  
 
Page 54 (Para 3.54) 
 Article 29 of the Law "on Foreign Economic Activity" of 16 April 1991 authorizes Ukraine to 
retaliate against actions of other States, customs unions, or economic groupings that restrict the 
legitimate rights of Ukrainian entities engaged in foreign economic activity. Retaliation may involve a full or partial trade embargo, suspension of M FN or preferential treatment, additional import 
duty, licensing, import quotas, or any other meas ures specified in Ukraine's legislation or in 
international treaties. The Ministry of Economic Development and Trade conducts the investigation, and the Interdepartmental Commission on Inte rnational Trade examines the results of the 
investigation. On the basis of the authority under Article 29, the Cabinet of Ministers introduced an 
import quota, enforced through licensing, on pa ssenger cars originating in Uzbekistan from 15 
November 2011. The measure was lifted on 22 February 2012.   
Questions: 
 
4. Would Ukraine consider that an application of antidumping duties, countervailing or 
safeguard measures could be considered a restriction to the legitimate rights  of Ukrainian 
entities engaged in foreign economic activity ? Could Ukraine explain how Article 29 of "Law 
on Foreign Economic Activity" would be in compliance with its WTO obligations? WT/TPR/M/334/Add.1 
 
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  Answer:  Article 29 of the Law "on Foreign Economic Activity" (hereinafter – the Law) regulates 
the application of measures in response to discriminatory and/or unfriendly actions of other countries, customs or economic unions against Ukraine. Having conducted the investigation in accordance with the Law, Ukraine is able to apply the 
relevant measures in response to discriminatory actions of countries that are not members of the 
same international intergovernmental organization as Ukraine is or if they are members of the same organization but such organization does no t regulate the issue of the dispute.This means 
that Article 29 of the Law is without prejudice to the Ukraine WTO obligations and is not applied to 
WTO members.  
Along with this, pursuant to Article 29 (part 4) of  the Law, when Ukraine and the country, which is 
considered to be maintaining the discriminatory and/or unfriendly actions against Ukraine, are 
members of the same international intergover nmental organization (for example the WTO), 
consideration and settlement of disputed issue are to be pursued in accordance with the rules and 
procedures of such international intergovernmental organization. 
Considering Ukraine's WTO obligations, disputed issues on application of the anti-dumping, 
safeguard or countervailing measures by the WTO members are to be settled according to procedures and rules of the WTO. 
Thereby, Article 29 of "Law on Foreign Economic Activity" fully complies with Ukraine's WTO 
obligations.  Page 60 (Para 3.71 and 3.73)  
 
3.71 At present, assistance to coal mining is  primarily provided in the form of partial 
reimbursement of the production costs to loss-maki ng state-owned coal producers. The Ministry of 
Energy and Mines determines the list of eligible enterprises based on their economic performance 
and their production plans. Funds are also made available for restructuring, i.e. either to accelerate the closure of unprofitable mines or to support construction projects enhancing the 
efficiency of certain coal and peat producing state-owned enterprises.   
 3.73. The aircraft industry, i.e. the development, production and repair of aircraft and aircraft 
engines, became eligible for state support in 2001. The Cabinet of Ministers determines the list of 
beneficiaries. The most significant assistance provided in recent years has been in the form of 
exemption from corporate income tax (for 10 ye ars starting 1 January 2011), and the exemption 
from VAT on goods imported by these enterprises. The aircraft industry is also exempt from 
payment of land tax, sales of research-related output are exempt from VAT, and specific items are 
exempt from import duty until 1 January 2016 (Table 3.6). However, the revenue foregone from the import duty exemption is relatively modest, amounting to Hrv 6.2 million in 2013 and Hrv 5.6 
million in 2014. 
 Question: 
 
5. Brazil would like to request Ukraine to inform the legal basis upon which the Ministry of 
Energy and Mines determines the list of eligible enterprises (coal mining) and the Cabinet of Ministers determines the list the beneficiaries (aircraft industry). Moreover, what are the objective criteria for the qualification of a company to receive these assistances? 
Answer:  The legal basis for determining the list of eligible enteprises in coal mining is Resolution 
of the Cabinet Ministers of Ukraine No. 153 "On A pproval of the Use of Funds in the State Budget 
for Partial Cover of the Expenses of Coal Comp anies Which are Included to the Prime Cost of 
Finished Marketable Coal" of 23 February, 2011. Assistance is provided to loss making emterprises 
based on their performance and production plans.  The Cabinet of Ministers determines the list of beneficiaries in aircraft industry based on Law of 
Ukraine of "On the Development of the Airc raft Industry" No.2660-14 of 20 January 2010. 
Enterprises must have appropriate licenses and certificates granting the right to develop or manufacture or repair, or rebuilding, or modification of, or maintenance of aircraft and 
aviation engines and meet at least two of the following criteria besides being a resident of Ukraine: 
1. engaged in the development of aviation techno logy and aviation engines, production of 
aircraft and aircraft engines, repair of aircraft and aircraft engines. 
2. perform state or defense order for development of aircraft and aircraft engines, aircraft 
production machinery and aircraft engines, repairing of aircraft and aircraft engines. WT/TPR/M/334/Add.1 
 
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  3. ensure compliance with international obligations of Ukraine in order to implement 
international contracts for development of avia tion technology and aircraft engines, supply 
of aircraft and aviation engines, production of aircraft and aircraft engines, repair of 
aircraft and aircraft engines. 
 
PART II: QUESTIONS REGARDING THE GOVERNMENT REPORT 
III TRADE POLICIES AND PRACTICES BY MEASURE 
2. Macroeconomic and trade policy regimes  
2.4 Trade-related intellectual property regime  
 Page 8 (para 2.38): The Government report states that a Draft Bill "On Amendments to Customs 
Code of Ukraine on protection of intellectual pr operty rights during movement of goods across the 
customs border of Ukraine" was approved by th e CMU and submitted to the Parliament. In that 
regard, please answer:  
6. Does the Draft Bill cover measures related to the apprehension of in-transit goods? If so, 
what will be the rights granted to right-holders under the legislation? How does the Draft Bill 
ensure that no obstacles are raised to the trade of non-infringing in-transit goods? Is there 
any measure intended to curb unjustified or bad faith actions by right-holders against 
legitimate goods? 
7. In case the Draft Bill includes measures rela ted to the apprehension of in-transit goods, 
what criteria are to be adopted in order to define whether a product transiting is counterfeit 
or not? Will the jurisdiction of the respective import country be taken into account to assess 
the counterfeit nature of the seized goods? If so, how? 
 
Answer : The Draft law of Ukraine "On amending th e Customs Code of Ukraine regarding the 
protection of the intellectual property rights in transit of goods through the customs border of Ukraine" was developed to perform Articles 84, 250 and Annex XV 'Approximation of the tax 
legislation' to the EU-Ukraine Association Agreem ent; par. 116, 117 of the Implementation Action 
Plan for the EU-Ukraine Association Agreement fo r 2014-2017 approved by the Resolution No. 847 
of the Cabinet of Ministers of Ukraine of 17 September 2014. The purpose of the said draft law is the implementation into the domestic legislation of the 
provisions of the Regulation (EU) № 608/2013 of 12.06.2013 on the customs control after the IPR 
conformity and the Implementation Regulati on of the Commission (EU) # 1352/2013 that 
establishes the forms of the documents whic h are foreseen in the Regulation (EU) № 608/2013. 
The draft law shall specifically foresee hereto: 
 
 expand the list of the IPR objects where the protection is secured in transit of goods 
through the customs border of Ukraine; 
 provide a new definition for the terms "the goods which violate IPRs", "counterfeit 
food", "pirated goods" etc.; 
 expand the circle of persons which will be able to address for the IPR defence to the 
so-called "parallel imports" and the goods which are transitted through the customs 
border of Ukraine in the customs transit regime'; 
 foresee the possibility of establishing the mechanism of applying the guarantees to 
prevent any mala fide use of IPR in conduct of the foreign economic activities; 
 enforce the measures for the prevention and counteraction to the transit of 
counterfeit goods in the international postal dispatches or international express-
dispatches, specifically, through the implem entation of a specific procedure for the 
destruction of minor packages of goods wher e there is a suspicion in the breach of 
IPR. 
 implement the possibility of advance issue of the goods which customs formalization 
is terminated due to the suspicion in the IPR breach. WT/TPR/M/334/Add.1 
 
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  THE P.R. CHINA 
Additional questions 
Part I. Questions based on Report by the Secretariat (WT/TPR/S/334) Page 36, Para 3.1 
3.1. Ukraine's new Customs Code entered into fo rce on 1 June 2012. By late 2013, the Cabinet of 
Ministers had issued 46 decrees and the Ministry of Finance 51 orders to implement the code. The 
law incorporated a number of provisions based on international best practice to facilitate customs 
clearance. Overall, the number of permits required in connection with customs clearance fell from 
69 to 26 with the new Customs Code. Goods could henceforth be declared at any customs office, and the law stipulated that goods should be cleared through customs in no more than 4 hours. According to the Ukrainian authorities, the average clearance time amounted to 1 hour and 
38 minutes for imports, and 41 minutes for export declarations, in October/November 2013. 
Question 1 ： 
It is mentioned in Para 3.1 that "the number of permits required in connection with customs 
clearance fell from 69 to 26 with the new Customs Code". What types of permits were cancelled 
and which respects do they involve? What is the basis for the cancellation? What are the effects of 
the cancellation? 
Answer: the new Customs Code of Ukraine provides for simplification of the customs procedures 
with diminishing the number of permits required for customs clearance. Its provisions, which are fully in line with the WTO Agreement on Implementation of Article VII of GATT 1994, and 
provisions of other Ukrainian laws are the basis for relevant amendments of legislation of Ukraine.  
The Government of Ukraine has simplified the procedure of customs clearance for certain goods. In particular the Resolution of the Cabinet of Mini sters of Ukraine of 2 March 2016 No. 142 sets out 
updated lists of goods, which have restrictions on movement across the customs border of Ukraine 
and documents confirming compliance with such re strictions, approved by the Resolution of the 
Cabinet of Ministers of Ukraine of 21 May 2012 No . 436 pursuant to the Article 197 of the Customs 
Code of Ukraine. 
For example, according to aforementioned amendments such documents as license for 
exporting/importing disks for laser reading systems, individual license for foreign economic operations were excluded from the appropriate list. 
But the list was added by documents needed for customs clearance of such goods as seeds and 
planting materials, radioactive materials, radioelectronic devices and emitters. Thus, as of today the list includes 29 permitting  documents required to be submitted to customs 
authorities in cases, established by laws of Ukraine. 
 
Question 2 ： 
It is mentioned in Para 3.1 that "goods could henceforth be declared at any customs office, and 
the law stipulated that goods should be cleared through customs in no more than 4 hours". How is the time of clearance calculated? What measures have been taken by the customs to ensure that 
the time of clearance does not exceed 4 hours? If the time exceeds four hours, what measures will 
be taken to ensure the rapid clearance of the goods? 
 
Answer: Part I of the Article 255 of the Customs Co de of Ukraine (hereinafter - the Code) 
stipulates that customs clearance should be completed within four working hours from submission to customs authorities of goods, commercial use vehicles, subject to customs clearance (if under 
this Code goods, commercial use vehicles are su bjects to submission), submission of customs 
declaration or document, which replaces it according to the legislation, and all necessary 
documents and information stipulated by articles 257 and 335 of the Code. 
Measurement of the duration of customs clearanc e of goods moved through the customs border of 
Ukraine and fixation of the time of performance of  certain customs procedures in respect of these 
goods are provided by usage of the automate d system of customs clearance "Inspector". 
Besides, Part II of this Article stipulates the cases in which aforementioned period of time may be 
exceeded by the time of relevant formalities pe rformance (for example, performance of customs 
formalities out of the location of customs authorities, detection of customs rules violation, termination or suspension of customs clearance and so on). WT/TPR/M/334/Add.1 
 
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  Question 3 ： 
It is mentioned in Para 3.1 that "according to the Ukrainian authorities, the average clearance time 
amounted to 1 hour and 38 minutes for imports, and 41 minutes for export declarations, in 
October/November 2013". Please provide the latest data of clearance time. Were new measures 
taken in 2014 and 2015 to improve the clearance efficiency? How effective are these measures? 
 
Answer: In April/May 2016 the average time of customs clearance of goods moved through the 
customs border of Ukraine amounted to: 
Exports - 1 hour and 2 minutes; Import - 2 hours and 14 minutes. 
The quantity of customs declarations submitted in electronic form in the same period amounted to 
96% of the total quantity of the issued customs declarations. Please see additional information on measures taken to improve the clearance efficiency in 
answers given above.  
Ukraine will be further improving the clearance e fficiency and paying significant attention to the 
development of human resources within customs authorities. 
 
Page 36, Para 3.2 
3.2. The law provides for the use of electronic systems and technological solutions. All users are 
permitted to file declarations electronically irre spective of the customs procedure to be applied. 
Most supporting documents may also be submitted in electronic form, or within three days of 
customs clearance. As electronic customs declar ations are being processed immediately, users 
have been quick to adapt to the new paperless environment. The share of e declarations in 
customs operations jumped from 12% in June 2012 to 83% before the end of 2013.  
Question 4 ： 
It is mentioned in Para 3.2 that "most supporting documents may also be submitted in electronic 
form, or within three days of customs clearance". If the supporting documents are submitted 
within three days of customs clearance, how can the Ukrainian customs examine the supporting documents of the goods before obtaining them? How to guarantee that the supporting documents 
are those of the goods? How can the clearance formality be completed? What method will be used 
by the Ukrainian customs to examine the supporti ng documents after they are submitted? Is the 
electronic data required to be changed to data  in paper form? How are the documents issued by 
other departments examined? 
Answer: According to Part III of the Article 335 of the Code invoice or another document 
determining the value of the goods and, in the cases stipulated by this Code, declaration of customs value are submitted to customs authoritie s together with customs declaration. Pursuant 
to the procedure established by this Code a declar ant or his authorized person should indicate in 
the customs declaration information about other documents needed to provide customs control. 
Provisions of the Article 264 of the Code stipul ate that on request of customs authorities a 
declarant or his authorized person should provid e to the customs authority the originals of such 
documents or duly certified copies if legislat ion does not provide for the submission of the 
originals. 
In accordance with the Article 334 of the Code customs authorities should require only those 
documents and information, which are needed for customs control performance and stipulated by this Code, from persons transporting goods, comm ercial use vehicles through customs border of 
Ukraine or carrying out activities, which should be controlled by customs authorities according to 
the Code. 
Part V of the abovementioned Article stipulates that customs authorities for customs control 
performance after release of goods have the ri ght to send written requests and to receive 
documents or certified copies, additional information (also in electronic form) relating to the 
movement of goods, commercial use vehicles across the customs border of Ukraine, release of goods and their usage in the customs territory of Ukraine or abroad.  WT/TPR/M/334/Add.1 
 
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  ECUADOR 
Informe Secretaría de la OMC 
 1.De conformidad con la página 53, párrafo 3.27 respecto a lo siguiente: 
 
"Determinados tipos de ventas nacionales también pueden estar exentos del IVA o no estar sujetos al régimen del IVA. Entre los artículos exentos del pago del IVA figuran las publicaciones 
periódicas ucranias, los alimentos para lactantes…" 
 Según lo expuesto por la Secretaría, ¿podría indicarnos Ucrania cómo esta exención del IVA para determinados tipos de ventas nacionales se ajusta a la disposición multilateral en materia de trato 
nacional, cuando se trate de productos importados similares a los productos nacionales, 
directamente competidores, o sustituibles?  
Answer : There is no discrimination in the application of VAT-exemption for items listed in para 
3.27 of the Secretariat Report in favor of Ukrain e products. The exemptions listed in Para 3.27 
apply equally for domestically-produced and imported goods. 
 
2. De conformidad con la página 54, párrafo 3.32 respecto a lo siguiente:  "El artículo 16 de la Ley de Actividades Económicas Exteriores autoriza al Consejo de Ministros a 
establecer una lista de mercancías sujetas a licencias de importación y/o exportación, así como a 
establecer el volumen de los contingentes de importación/exportación. Las licencias pueden exigirse por los siguientes motivos: 
[...] v) para adoptar medidas de protección de lo s productores nacionales en los supuestos de un 
aumento de las importaciones que causen o amenacen con causar un perjuicio grave a los productores de productos similares o directamente competidores; 
 
¿Podría señalarnos Ucrania un ejemplo sobre el otorgamiento de una licencia para adoptar medidas de protección, mencionadas en el párrafo anterior, y cómo esta medida se ajusta a las disposiciones multilaterales y compromisos de Ucrania en la OMC? 
 
Answer : In case of safeguard measures, Ukraine may apply license to administer import quotas. 
As a matter of example, the Resolution of the Interdepartmental Commission on International 
Trade extending the application of safeguard measur es on imports into Ukraine of steel casing and 
tubing regardless of the country of origin and expo rt establishes that "Quota allocation for imports 
of goods subject to the safeguard measure shall be carried out by issuing special licenses..." 
Imports of goods shall be accompanied with a special license. 
Use of licensing in conformity with the prov isions of the Agreement on Import Licensing 
Procedures and the Agreement on Safeguards is permitted by the WTO and in accordance with the WTO commitments of Ukraine. 
 
3. De conformidad con la página 57, párrafo 3.43 respecto a la utilización de criterios de referencia para la valoración en aduana de las mercancías en el marco del sistema de gestión de riesgos. 
 
"La Resolución (N° 724) implica el empleo de criterios de referencia unificados para la valoración en aduana de las mercancías importadas, superv isado por el Ministerio de Hacienda. [...] "En 
consecuencia, la desviación con respecto a uno de esos criterios solo es un indicador adicional para 
que las autoridades aduaneras inspeccionen la mercancía importada y comprueben una lista normalizada de documentos justificativos. El hecho de que el valor declarado sea inferior al nivel 
de referencia establecido no constituye por sí mismo razón suficiente para solicitar documentos o 
declaraciones adicionales, o para rechazar el valor declarado". 
 ¿Podría indicarnos Ucrania cuáles son los criterios de referencia unificados y explicarnos por qué 
razón estos criterios de referencia unificados para la valoración en aduna  (напевно  aduana ) no 
podrían ser considerados como una lista de precios indicativos?  
Answer : Resolution 724 unified all databases used by different customs offices into one database 
with values determined based on historical imports as per World Customs organization guidance. Resolution No. 724 does not endorse the use of indi cative prices as minimum declared values. The WT/TPR/M/334/Add.1 
 
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  Resolution covers the maintenance of the database and its use within the risk management 
system.   4. De conformidad con la página 66, párrafo 3.62, respecto a lo siguiente: 
 
"Desde el 1º de noviembre de 2015 está prohibida la exportación de madera sin elaborar por un período de 10 años" 
¿Podría informarnos Ucrania bajo que disposiciones del artículo XI del GATT de 1994 se podría 
justificar la medida. Por qué razón Ucrania no optó por la adopción de derechos de exportación como realizó con otros productos de exportación?  
Answer : The Government of Ukraine has prepared a Draft Law amending Law № 325-VIII of 
9 April 2016, which provides for revocation of the ban in question.  
5. De conformidad con la página 78, párrafo 3.111, respecto a lo siguiente: 
 "Las prescripciones anteriores en materia de cont enido local fueron suprimidas y reemplazadas por 
el pago de una prima en concepto de tarifa regulada ("verde"). La prima equivale al 5% de la 
tarifa cuando el porcentaje de componentes locales es al menos del 30%, y aumenta al 10% cuando esa proporción de componentes locales es del 50% o más".  
Aunque las prescripciones en materia de contenido local fueron suprimidas (se lo resalta en el 
Informe de la Secretaría), ¿podría indicarnos Ucrania por qué motivo la prima por concepto de tarifa regulada se vincula a un porcentaje de contenido local. Existe algún incentivo o ventaja para 
la incorporación de contenido local por lo cual se preserva el tema del porcentaje de contenido 
nacional. De ser la respuesta afirmativa, cómo esta medida (la prima y su relación con el contenido nacional) se ajusta a las disposiciones del Acuerdo de la OMC sobre las Medidas en 
materia de Inversiones relacionadas con el Comercio? 
 Answer: These premium payments do not create additional burden or any impediments for 
energy producers from obtaining "green tariff". Moreover, this measure is temporary and is aimed 
at stimulating local production of equipment for alternative energy needs. It ensures fair conditions 
of energy production from alternative sources. This measure does not require or condition investors/investment to use local content. As such, it 
does not violate the TRIMS Agreement. 
 6. De conformidad con las páginas 67 y 79, párrafos 3.69 y 3.112, respecto a los programas de 
apoyo sectorial para la construcción de maquinarias agrícolas y las prescripciones en materia de 
contenido local, respectivamente.  "En virtud de las facultades conferidas en el artículo 6 de la Ley de Fomento de Maquinaria 
Agrícola de Fabricación Nacional, el Consejo de Ministros estableció prescripciones en materia de 
contenido local para los fabricantes de esa maquinaria en mayo de 2013. Los porcentajes aplicables son el 25% en el caso de las rociador as propulsadas, del 20% para los tractores con 
motores de hasta 89 kW de cilindrada, y del 35% para los tractores de mayor tamaño, los 
vehículos especiales para la agricultura y las cosechadoras".  
En virtud de los expuesto, podría indicarnos Ucrania cómo justifica esta medida al amparo de las 
disposiciones del párrafo 4 del artículo III de trato nacional, el Acuerdo de la OMC sobre las Medidas en materia de Inversiones relacionadas con el Comercio y el párrafo 1 del artículo XI del GATT de 1994? 
 
Answer:  This policy does not impose any requirements on investors to use local content. As such, 
this policy does not violate TRIMS Agreement.  
 
7. De conformidad con la página 86, párrafo 3.137, respecto a lo siguiente:  
"La legislación de Ucrania no prohíbe que las empresas ucranias realicen operaciones de trueque 
de mercancías, servicios u obras con interlocutores extranjeros, sin que medie ningún pago en efectivo ni por transferencia bancaria. Las mercancías importadas en virtud de un acuerdo de trueque deben entrar en el territorio aduanero de Ucrania en un plazo máximo de 180 días desde 
su despacho de aduana". WT/TPR/M/334/Add.1 
 
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  ¿Podría indicarnos Ucrania cómo procede y se aplica la valoración en aduana de la mercancías 
sujetas a operaciones de trueque?  Answer : Barter trade has rarely taken place in Ukraine during the last decade. 
Ukraine follows the WTO customs valuation rules and considers first, for the purpose of transaction 
value, any equivalent market based prices determined between the subjects of foreign economic activity in their contract. 
 
8. De conformidad con la página 88, párrafo 3.147, respecto a los precios mínimos del vodka y otros productos alcohólicos nacionales e importados.  
"Así pues, la reglamentación permite la venta del vodka, un producto del que existe una 
importante producción nacional, a precios inferiores a los aplicados a otras bebidas alcohólicas (principal o exclusivamente importadas)". 
Podría indicarnos Ucrania las razones por las cuales se fijó un precio mínimo para el vodka, inferior 
que el aplicado para otras bebidas alcohólicas. Al parecer, esta prescripción o Resolución estaría otorgando un trato menos favorable a las bebidas alcohólicas importadas que el otorgado al vodka 
de producción nacional. En ese sentido, ¿podría indicarnos Ucrania cómo la medida se ajusta a las 
disposiciones en materia de trato nacional, artículo III, párrafo 4 del GATT de 1994, partiendo del criterio de que entre una bebida alcohólica import ada podría considerarse como similar, inclusive 
directamente competidora o sustituto del vodka de producción nacional? 
 
Answer:  The average market price of vodka brands (domestic and imported) consumed in 
Ukraine is generally lower than the average market prices for whisky, rum, gin and other spirits. 
Minimum prices apply on both domestic and imported  vodka, whiskey, run, gin, and other spirits. 
 9. En relación con la página 58 párrafo 3.48. ¿Existe algún tipo de estatus o procedimiento 
especial para las solicitudes de medidas antidumpin g realizadas por los sindicatos de trabajadores 
ante el Ministerio de Desarrollo Económico y Comercio de Ucrania?  Answer:  There is no special procedure for the anti-dumping applications made by trade unions 
before the Ministry of Economic Development and Trade of Ukraine.  
 10. Sobre la página 67 párrafo 3.67 ¿Podría Ucrania explicar cómo funcionar el mecanismo 
previsto en la resolución 1206 del Consejo de Ministros, de 16 de noviembre de 2011, a qué 
sectores se dirige el apoyo y, en el caso de existir medidas de subvenciones, cómo estas medidas son compatible con las disposiciones y compromisos de Ucrania en materia de subvenciones? 
 
Answer:  The Action Plan up to 2015 approved by th e Cabinet of Ministers Resolution No.1206 of 
16 November 2011 provides for basic export promotion and trade facilitation measures, such as providing information on export-related matters, conducting analysis on export potential, 
enhancing protection of domestic producers under the WTO Dispute Settlement Mechanism, 
establishing trade offices within diplomatic missions of Ukraine abroad, and improving logistics. The State Budget of Ukraine did not foresee any fi nancial support for the implementation of the 
Action Plan up to 2015 (referred to in para. 3.67 of the Secretariat Report). 
 11. Respecto a la Página 67 párrafo 3.68 ¿Podría Ucrania explicar con mayor detalle el mecanismo 
contemplado en la resolución 586 -r del Consejo de Ministros? ¿Qué sectores se benefician? ¿Cuál 
es el monto del apoyo estatal para las exportaciones y su compatibilidad con los compromisos de Ucrania en la OMC sobe subvenciones a la exportación?  
Answer:  In accordance with the Cabinet of Minist er's Resolution No. 568, the Concept of the 
Government Support System for Ukraine's Exports foresees measures aimed at development and implementation of an effective policy of the state support for export, in particular institutional, 
organizational, informational and financial measures. The above-mentioned measures are not 
contingent upon export and refer to a number of sectors, among them, high-tech industries (aviation, shipbuilding, defence and space industries), pharma, transportation and logistics 
services. Ukraine notified its level of support in G/SCM/N/284/UKR. 
 12. En relación con la página 69 párrafo 3.69. ¿Podría Ucrania explicar, con mayor detalle, cómo opera la exención del cobro al impuesto a la renta y comentar en qué medida es compatible con WT/TPR/M/334/Add.1 
 
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  los compromisos de Ucrania en la OMC y particularmente la nota al pie de página 58 en el Anexo I 
del Acuerdo sobre Subvenciones y Medidas Compensatorias?  Answer: The notification contained in G/SCM/N/284/UKR elaborates on the income tax 
reduction/exemption measures in place in Ukraine during the period covered by that notification. 
Details on the legislative bases and implementati on are found therein. These measures apply as 
part of horizontal and sectoral programmes. For some programmes, no benefit was conferred, as 
indicated in the notification to the Committee on Subsidies and Countervailing Measures. Since the 
income tax reduction/exemption measures (or programmes containing them) are neither contingent upon export performance, nor upon th e use of domestic over imported goods, Ukraine 
believes that these programmes and measures are consistent with its WTO obligations. 
 
13. Sobre la página 82 párrafo 3.121. ¿En el marco de los procesos de contratación pública existe algún tipo de exenciones tributarias para los productos importados por una tercera empresa 
privada destinados a una institución pública? 
 Answer: Ukraine's legislation in public procurement sphere does not contain any provisions 
relating on procedure for taxation of goods and services purchased on the results of procurement 
procedures.   14. Respecto a la página 87 párrafo 3.144. ¿Podría Ucrania ampliar la información sobre los 
procedimientos de fijación de precios al consumo y si existe una canasta de productos sujetos a 
esta fijación en el mercado?  
Answer: According to the Law of Ukraine "On Prices and Pricing" state regulation of prices is used 
for products which have a decisive impact on the overall price level and dynamics, have significant social value, as well as for goods produced by subjects who have a monopoly (dominant) position 
on the market. 
Today regional (city) administrations may regulate prices for socially important food products, including flour, bread, pastas, cereals, sugar, beef, pork, poultry, cooked sausage, milk, cheese, sour cream, butter, sunflower oil, eggs, by setti ng the maximum level of production profitability, 
maximum retail surcharges to the wholesale price (customs value) and by the declaration of 
changes in wholesale prices (according to the Cabinet of Ministers Resolutions No. 1548 of 25 December 1996 and No. 1222 of 17 October 2007). 
Fixed prices are normally used for setting the prices of goods provided by natural monopolies. The 
pricing methodology for natural monopolies is generally based on cost plus reasonable return on investment. 
 WT/TPR/M/334/Add.1 
 
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  ECUADOR (FOLLOW-UP QUESTIONS) 
Informe Secretaría de la OMC.- 
 1.Página 75, párrafo 3.98: "Se establecerá la rastreabilidad obligatoria de los productos 
alimenticios y se exigirá a los importadores que conserven la documentación pertinente por seis 
meses, contados a partir de la fecha de caducidad de los productos".  
A este respecto, ¿Podría Ucrania proporcionarnos mayor información sobre la reforma del régimen 
de vigilancia de la inocuidad de los alimentos al promulgarse la Ley Nº 1602-VII?  Answer:  State control for food products and/or other objects of sanitary measures shall be 
implemented solely by competent authority. The competent authority is entitled to delegate 
powers on state control implementation in cases prescribed by Law.  State control shall be carried out without prior notice to market operator during working hours of a 
facility. Exceptions hereof are the cases when a prior notice is a key factor to ensure control 
efficiency, notably in regard to planning of a st ate audit on ongoing procedures that are based on 
principles of hazard analysis and critical control points. State audit on ongoing procedures that are 
based on principles of hazard analysis and critical control points shall be carried out upon 
notification of market operator in writing no later than 3 business days prior to implementation of such an activity.  
State control shall be carried out with the use of state control acts. 
 Frequency of state control conduct shall be defined on a risk-based approach that includes, in 
particular: 
 
1) defined risks related to objects of sanitary measures or facilities, as well as production 
and/or processing techniques; 
2) results of previous state control; 3) results of procedures applied by market operator to ensure compliance with legislative requirements on safety and specific quality parameters of food products. 
 
The Competent authority shall develop and organi ze the implementation of state control plan. 
Implementation of long-term national plan for stat e control is carried out by preparation, approval 
and implementation of annual plans for state control, implementation progress assessment thereof 
and planning of measures to address identified problems.  
Traceability 
 According to Article 1 of the Law of Ukraine 'On th e basic principles and requirements to the food 
safety and food quality' traceability is a possibility of identifying the market operator, time, place, 
subject and other terms of supplies (sales or transfer ), sufficient for establishing the origin of the 
food, animals deemed for the production of the f ood, materials contacting with the food or the 
substances deemed for the inclusion or it is expected that they will be included into the food 
products at all the stages of production, proce ssing and circulation. The scope of traceability 
system shall be defined by the specifics of bu sinesses, nature of processes being conducted. 
Article 20 of the said Law foresees an obligation of the market operators to secure the traceability 
and provide the information that is foreseen in Article 22 of this Law, specifically, as follows: 
1. Market operators should be able in principle to establish other market operators which 
supply them the food and other objects which ar e subject to sanitary measures following the 
principle 'one step back' in the supply chain. 
2. Market operators shall be able in principle to  establish other market operators where they 
supply the food and other objects which are subject to sanitary measures following the principle 'one step forward' in the supply chain. 
3. Requirements to the market operators regarding securing the traceability do not make it 
binding to find the link (the so-called internal traceability) among the SPS-effected objects involved during the production and the SPS-effect ed objects which were received as a result of 
such a production. 
4. To secure the performance of the requirements of Parts one and two of Article 22 of the Law 
the market operators shall apply the system and the procedures which secure access to such WT/TPR/M/334/Add.1 
 
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  information for the competent body upon reques t. The information shall be preserved during 
six months after the expiry of the final date of  selling the food be placed on the label.  
 2. Página 75 - 76, párrafo 3.99: "De acuerdo con las modificaciones introducidas, las 
importaciones de productos destinados a la alimentación (excepto los de origen animal) y de 
materias primas para la industria alimentaria deben ir acompañadas de un "certificado internacional" u otros documentos emitidos por la autoridad competente del país de origen… Los 
organismos competentes pueden iniciar un procedimiento de análisis de los posibles riesgos de un 
producto importado y autorizar a los laboratorios acreditados a realizar ese análisis".  ¿Cuáles son los requisitos para adquirir este certificado internacional? ¿Cómo se ejecuta el análisis 
de riesgo que determina la frecuencia de inspecciones físicas y las pruebas de laboratorio en 
frontera?  
Answer:  Article 1 of the Law of Ukraine № 1602-VII "On Amendments to Several Laws with 
respect to Food Safety" defines 'international certificate' as a document, the form and content of which meet the guidelines of the relevant intern ational organizations, issued by the competent 
authority of the country of origin, certifying animal health and/or suitability of food for 
consumption. Any certificate attesting to animal health and/or suitability of food for consumption is issued by competent authority in exporting country acceptable, provided it is agreed on a bilateral basis. 
Apart from information on pests and diseases conc erning exporting country, import risk analysis 
considers the history of compliance of traders, transport conditions and physical examination of goods. The analysis entails hazard identification, hazard characterization, exposure assessment 
and risk characterization. 
If the consignment is deemed risky based on the afor ementioned factors, it will be subject to first 
physical inspection and then possibly to laboratory testing.  
 
3. Página 77, párrafo 3.104: "Según las autoridades, están permitidas las importaciones de carne y productos cárnicos tratados con hormonas para estimular el crecimiento".  
¿Existe algún tipo de hormona para estimular el crecimiento aplicado en animales de consumo que 
no sea permitida por posibles repercusiones para el consumo humano? ¿Se ha establecido algún nivel de restricción en cuanto a los LMR o solo están basados en los descritos en el Codex 
Alimentarius? 
 Answer: According to Ukrainian legislation, only registered veterinary drugs are permitted for 
using. Today no veterinary drugs containing growth hormones are registered. 
Ukraine SPS laws require adherence to Codex Alimentarius, Office of International Epizootics (OIE), International Plant Protection Convention standards as well as EU standards.   
4. Página 78, párrafo 3.107: "El uso de plaguicidas registrados oficialmente y los procedimientos 
de aplicación son supervisados por el Ministerio de Ecología y Recursos Naturales (MENRU) sobre la base de las normas establecidas por el Ministerio de Salud. 
 
El MENRU publica una vez al año un catálogo de plaguicidas y sustancias químicas para la agricultura cuyo uso está permitido en Ucrania (marca comercial, grupo, propietario, país de 
origen, ingredientes activos y duración del registro). Ya no se requiere una licencia para la 
importación de plaguicidas".  ¿Cuáles son los requisitos para exportar un plaguicida a Ucrania, y su posterior ingreso al listado 
de sustancias permitidas? ¿Existe algún tipo de restricción para la importación de productos 
veterinarios y piensos para animales, de ser así bajo qué normativa se regula? ¿Podría Ucrania facilitarnos el dominio de la página web del sitio of icial en el que se pueda encontrar la lista de los 
plaguicidas y sustancias químicas para la agricultura permitidos en Ucrania, los cuales no 
requieren una licencia de importación?  
Answer: As pesticides and fertilizers constitute high risk for the health of the people and safety of 
the environment due to the toxicity level they are subject to the strict safety requirements as the 
safety for human life and environment is one of the basic principles of the Ukrainian legislation (the Law of Ukraine "On Pesticides and Agrochemicals" and international legislation as well. WT/TPR/M/334/Add.1 
 
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  The main requirement for exporting pesticides to Ukraine is registration at the Ministry of 
Environment after testing and materials research by  the Ministry of Environment and public health 
expertise by the Chief Sanitary Doctor of Ukraine. Order of the State Department of Veterinary Medicine  of the Ministry of Agrarian Policy of Ukraine 
N 71 of June 14, 2004 prescribes the basic conditions for the importation of veterinary products to 
Ukraine. Order 71 is being amended for greater compliance with OIE recommendations, standards, and guidelines. 
The list of pesticides and chemicals for which an import license is required is found in Cabinet of 
Ministers Resolution No. 1176 of 20 December 2015 (for 2016). This Resolution is updated 
annually. Annex to the Law of Ukraine No. 86 on Pesticides and Agrochemicals of 2 March 1995 provides the 
list of permitted agrochemicals.  
The list of pesticides and chemicals for agriculture permitted in Ukraine can be found at http://www.menr.gov.ua/control/control5 . 
 WT/TPR/M/334/Add.1 
 
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  MOLDOVA 
QUESTIONS REGARDING THE SECRETARIAT REPORT (WT/TPR/S/334)  
Para 2.50 (page 33) with regards to "Unlike normal business registration certificates, which bear 
no time-limit, some activity licences may have limited validity (at least 5 years, but in principle 
renewable)".  
Question 1 : Can you please explain what are the activities which currently require "activity 
licenses" as provided in paragraph 2.50? 
Answer: The list of economic activities subject to licensing is provided in the Law on the Licensing 
of Economic Activities No. 222-19 of 2 March 2015. The following types of economic activity are 
subject to licensing: 
1) banking, which shall be licensed under the Law of Ukraine "On Banks and Banking 
Activities"; 
2) financial services (excluding professional activities on the securities market); 3) professional activity in the securities market, which shall be licensed with the 
specifications defined by the Law of Ukraine "O n State Regulation of Securities Market in 
Ukraine"; 4) activities in the field of television and radio, which are licensed under the Law of Ukraine 
"On Television and Radio"; 
5) activities in the electricity sector, which is licensed with the specifications defined by the Law of Ukraine "On Electric Power Industry", ex cluding activities of the supply of electricity 
at unregulated rates and the use of nuclear energy, which is licensed with the 
specifications defined by Law of Ukraine "On Permit activity in the field of nuclear energy"; 
6) educational activities of educational institutions; 7) the production and sale of ethyl, cognac  and fruit, alcoholic beverages and tobacco, 
which is licensed under the Law of Ukraine "On state regulation of production and turnover 
of ethyl, cognac and fruit, alcoholic beverages and tobacco products"; 8) activities in the field of telecommunications with the specifications defined by the Law of 
Ukraine "On Telecommunications", providing services in the field of cryptographic 
protection of information (except the digital signature) and technical protection of information according to the list establishe d by the Cabinet of Ministers of Ukraine; 
9) construction of IV and V categories of comp lexity - with the specifications defined by the 
Law of Ukraine "On Architectural Activity"; 
10) production of medicines, wholesale and retail trade in drugs, importing drugs (except Active Pharmaceutical Ingredients) - with the specifications defined by the Law of Ukraine 
"On Medicines"; 
11) production and repair of non-military firearms and ammunition, knives, airgun caliber over 4.5mm and the speed of a bullet over 100 meters per second, trade firearms and 
non-military ammunition, knives, air guns ca liber over 4.5 mm and the speed of a bullet 
over 100 meters per second; production of special vehicles, charged substances tear and irritant, individual defense, active defense and their sale; 12) production of industrial explosive materials according to the list established by the 
Cabinet of Ministers of Ukraine; 
13) services and works for fire-fighting purposes under the list established by the Cabinet of Ministers of Ukraine; 
14) production of particularly hazardous chemicals listed by the Cabinet of Ministers of 
Ukraine, the handling of hazardous waste the storage (accumulation) an entity formed by them hazardous waste if within one year of the formation of hazardous waste are 
transferred to business entities that are licensed for hazardous waste management; 
15) medical practice;  16) the banks of umbilical cord blood and other tissues and human cells according to the list approved by the Ministry of Health of Ukraine; 
17) veterinary practice; 
18) release and conduction of lotteries; 19) tour operator activities; 
20) mediation in employment abroad; 
21) industrial catch of aquatic biological resources outside the jurisdiction of Ukraine; 22) cultivation of plants in Table I list of narcotic drugs, psychotropic substances and 
precursors, approved by the Cabinet of Mini sters of Ukraine, development, production, 
manufacture, storage, transportation, purchase, sale (supply), the importation into WT/TPR/M/334/Add.1 
 
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  Ukraine, export from Ukraine, use, destructio n of narcotic drugs, psychotropic substances 
and precursors included in said list - with the specifications defined by the Law of Ukraine "On narcotic drugs, psychotropic substances and precursors"; 23) activities related to the development, manufacturing, supply of special equipment for 
interception of communications and other technical means secret information (criteria of 
membership and the list of technical means secret information determined by the Cabinet of Ministers of Ukraine on the proposal of the Security Service of Ukraine ) 
24) transportation of passengers, dangerous goods and hazardous waste by river, sea, 
road, rail and air transportation, international transportation of passengers and goods by road; 25) foreign economic activity in accordance with Article 16 of the Law of Ukraine "On 
Foreign Economic Activity"; 
26) the transport of oil and oil trunk pipelines; 27) transportation and distribution of natural gas, natural gas (methane) of coal deposits, 
its storage in amounts exceeding the level set by the license terms, and delivery, in 
addition to the supply of natural gas, natural gas (methane) of coal deposits at unregulated tariff; 
28) centralized water supply and sanitation, in addition to water supply and sanitation at 
unregulated tariff; 29) production of thermal energy, heat transportation through main and local (distribution) heat networks and heat supply, in addition to production, transportation and supply of heat 
energy at unregulated tariff; and 
30) guarding activity.  
 
Para 2.57 (page 34) with regards to "Ukraine has signed numerous bilateral agreements on the 
avoidance of double taxation and/or in respect of the promotion and protection of investments. 
Although Ukraine does not utilize a model agreem ent, the bilateral treaties generally contain a 
most-favoured nation clause, protection against expropriation, and fair and equitable treatment."  
Question 2:  Is there an intention from the government to adopt a BIT model law and is there any 
understanding on what other substantive standards of protection this law will prescribe?   
Answer: The Law "On Foreign Investment Regime" No.93/96 of 19 March, 2006 as amended on 
11 August, 2013 covers all standard BIT provisions including:  
 Repatriation of profit 
 Expropriation and compensation 
 MFN 
 National treatment 
 Payments transfer 
 Transparency 
 Taxation 
 Dispute settlement: access to judicial system and arbitration. 
 
Para 3.15 (page 41) with reference to "On 28 December 2014, the Verkhovna Rada passed a law introducing a temporary import surcharge. The law entered into force on 25 February 2015. The 
surcharge amounted to 10% on agricultural products and 5% on industrial goods. Imports from all 
trading partners, including those with preferential trade agreements with Ukraine (and within tariff 
quotas), were subject to the measure. A certain number of essential items were exempt from the 
surcharge. The measure was put in place until 1 January 2016, and could be reduced gradually 
before the end of this period. Following consultations, the Committee on Balance-of-Payments Restrictions forwarded its report to the WTO General Council, which adopted the report at its meeting on 27 July 2015. By the end of December  2015, the import surcharge had raised Hrv 25 
billion since its inception according to the Minist ry of Finance. Towards the end of the year, the 
Verkhovna Rada adopted legislation to abolish the temporary import surcharge with effect from 1 January 2016." 
Question 3:  Can the government confirm that the import surcharge mentioned in para 3.15 have 
been abolished as of 1 January 2016?  
Answer : Ukraine confirms that import surcharges have been removed effective 1 January 2016.  
 WT/TPR/M/334/Add.1 
 
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  Para 3.43 (page 50) with reference to "On 23 September 2015, the Cabinet of Ministers approved 
Resolution No. 724 "on the Use of Benchmarks for Customs Valuation of Goods in the System of 
Risk Management". The Resolution implies th e use of unified benchmarks for the customs 
valuation of imported goods, monitored by the Mi nistry of Finance. According to the Resolution, 
benchmarks may be used only within the risk management system. Thus, the deviation from a 
benchmark serves only as an additional indicator for customs to inspect an imported good and check a standard list of supporting documents. A declared value below an established benchmark 
level does not in itself provide sufficient reason to request additional documents or statements, or 
to reject the declared value. The authorities stre ss that the State Fiscal Service does not apply a 
list of indicative prices in its analysis and assessment of risk related to customs valuation".  
Question 4:  Can the government of Ukraine provide more detailed information regarding the 
benchmark system referred to in paragraph 3.34? Ho w is this system different from the system of 
reference pricing? 
Answer : The benchmark system is a database of prices computed based on historic import. 
Resolution No. 724 does not authorize or prom ote the use of benchmark prices as minimum 
declared values. The Resolution covers the maintenance of the database and its use within the risk management system.  
 WT/TPR/M/334/Add.1 
 
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  THE RUSSIAN FEDERATION 
QUESTIONS REGARDING THE SECRETARIAT REPORT (WT/TPR/S/334) 
 1 ECONOMIC ENVIRONMENT 
1.3 Developments in Trade.  
 
1.26. The EU and the Russian Federation remained  Ukraine's top export destinations during 2008-
14. However, trade data show some redirection of  exports away from the Russian Federation and 
other CIS countries towards the EU and Asia, nota bly China and India (Chart 1.3 and Table A1.4). 
Merchandise trade between Ukraine and the Russian  Federation started declining in 2013 as these 
countries became engaged in trade sanctions, followed by a massive fall in bilateral trade in 
2014.22 Products most affected by the drop in bilateral trade between 2013 and 2014 include gas, 
oil and petroleum products; iron and steel; tubes,  road vehicles and other transport equipment 
(including railway rolling stock); machinery, notably electric and power generating machines; and 
dairy products. 
 Question:  
 
According to Presidential Decree No. 549/2015 of 16 September 2015 "on approval of the 
decision of Ukrainian Council on National security and defense of 2 September 2015 "on application of personal, special economic and other measures (sanctions)" in relation to Russian 
juridical entities, goods and services the following measures are being applied: 
a) Freezing of assets (out of line with Articles III and XI of GATT; Articles II, XI,XVI and 
XVII of GATS); 
b) Business contacts prohibition (out of line with Articles I, III, X and XI of GATT and 
Article II of GATS); 
c) Suspension of financial transactions (out of line with Articles III and XI of GATT; 
Articles II, XI,XVI and XVII of GATS); 
d) Restriction, total or partly ban on transit of resources, flights and transportation 
through Ukraine (out of line with Articles I, III, V, X and Article XI of GATT); 
e) Suspension of economic and financial commitments (prohibition of credit and loan 
issuing, financial aid and guarantees granting; ban of stocks acquisition and corresponding crediting (out of line with Articles II, XVI and XVII of GATS); 
f) Ban on business activity within the Territory of  Ukraine (out of line with Articles I, III, 
V, X and Article XI of GATT, Articles II of GATS); 
g) Restriction, total or partly ban on supply of telecom services and public service 
network utilization (out of line with Articles II, XVI and XVII of GATS); 
h) Restriction of capital outflow outside the terri tory of Ukraine contrary to Articles III and 
X of GATT; Articles II and XI of GATS); 
i) Termination of issuing of licenses for import and export to/from Ukraine of currency 
values from/to foreign state and restriction of money withdrawal for the cards issued for foreign cardholders (out of line with Article II of GATS); 
j) Restriction imposed by National Bank of Ukraine for registration of participants of 
international payment system using services of payment organisation which is foreign 
resident (out of line with Articles II, XVI and XVII of GATS); 
k) Cancellation or suspension of licenses or other compulsory approvals for certain types 
of services which are required to operate in the Ukrainian market (out of line with 
Articles II and VI of GATS); 
l) Total ban of transit of resources and transportation through the territory of Ukraine
8 
(out of line with Articles I, III, V, X and XI of GATT and II of GATS);  
m) Restriction of trade operations (out of line with Articles II, XI, XVI and XVII of GATS). 
 
In respect of all measures mentioned above: 
- Please explain how the mentioned above measures comply with the specific commitments of 
Ukraine under the indicated in brackets Articles of GATT and GATS. 
- Please specify the provisions of WTO justifying the application of such measures.  
 
                                               
8 Though the transit is resumed currently, the Russian Federation expresses its concern over the 
mentioned restrictive measures undertaken by Ukrainian authorities.  WT/TPR/M/334/Add.1 
 
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  Answer:  When adopting these measures, Ukraine took into account its WTO rights and obligations 
and considers that the measures are consistent with them.  
 
- Does Ukraine apply measures that are similar to any of the measures described above in 
respect of any other WTO Member?  
Answer:  When adopting trade-related measures, Ukraine carefully considers its WTO obligations 
before adopting them.  
 
- Have all of the mentioned measures of Ukraine referred to above been notified to the WTO?       
If no, please explain, why?  
 
Answer:  Ukraine complies with its WTO notification  obligations with respect to the measures 
covered by this question.  
 
- Could Ukraine provide the timeframe for revision  of these measures in order to bring them 
into compliance with GATT and GATS?] 
 
Answer:  Ukraine is of the view that these measures are in conformity with its WTO obligations.  
 Investment Regime 2.55 Although Ukraine's legal framework generally treats domestic and foreign investors alike, 
some restrictions apply only to foreign investment. According to Article 117(2) of the Commercial 
Code, "foreign enterprises" (i.e. wholly-owned by foreign capital) may not be established in industries "of strategic importance for the national security under the law". No attempt has been 
made to draw up a precise or exhaustive list defining the sensitive and strategically-important 
industries. However, it would appear to apply to the nuclear power industry, generation and distribution of electricity, Ukraine's space in dustry, railway transportation, the printing of 
banknotes and securities, etc. (Section 4). Specific limitations on foreign ownership apply in 
certain sectors, notably in media, operators of  gas transportation systems, and water supply. 
Moreover, professional activity in the stock market  must be carried out by a Ukrainian legal entity, 
and educational establishments (primary, secondary and higher education) must be headed by a 
citizen of Ukraine. Since 2014, investment restrictions apply to residents of the Russian 
Federation.  
Questions : 
1) Under the Gas Market Law
9 of Ukraine, an operator of a gas transportation system as well as 
underground storages should be either a wholly state-owned enterprise or a joint venture 
between a state-owned enterprise (51%) and a fo reign company controlled by residents of the 
United States of America or the European Energy Community (49%). Furthermore, an operator 
should obtain a mandatory certificate of compliance with the EU's requirements in this field.  
 In respect of the Law mentioned above could the Ukraine please answer the following questions: 
a) Please explain taking into consideration the provisions of Articles 21 and 44 of the Law 
of 9 April 2015 which types of legal entities, business entities or joint ventures are authorised to be perform functions of an operator of a gas transportation system of 
Ukraine (hereinafter referred as the Ukrainian GTS)? If yes, please explain how the 
                                               
9 (Law No. 329-VIII of 9 April 2015), paragraph 4.73.  p. 102 of the Secretariat Report: On 9 April 
2015, the Ukrainian Parliament adopted the Law No. 2250 of 26 February 2015 "on Natural Gas Market", which was developed by the Ministry of Energy and Coal Industry in collaboration with the Energy 
Community based on the Third Energy Package of the EU. The Law establishes conditions for the functional unbundling of Naftogaz into separate production, tran smission, storage and supply companies. It provides 
for non-discriminatory third-party access to the gas tr ansport system on contractual basis and establishes 
the right of customers to freely choose their gas suppli ers. One of the law's objectives is to end non-cost 
reflective pricing and cros s-subsidization, while providing a framewo rk to protect vulnerable customers. 
The Natural Gas Market Law entered into force on 1 October 2015 and replaces the Law "on Principles of 
Natural Gas Market Operation". Under Article 21 of th e new law, an operator of a gas transportation 
system must be (i) a business entity established and ow ned exclusively by the State, or (ii) in case of a 
joint venture, a Ukrainian state-owned company with 51% equity and a foreign company with 49% equity 
that is controlled by residents of the United States  or the European Energy Community (gas transmission 
system partner). WT/TPR/M/334/Add.1 
 
- 95 - 
 
  establishment of the types of legal entities, business entities or joint ventures comply 
with the provisions of Article XVI of the GATS? 
b) Could you please specify whether the Gas Market Law provides a certain type of legal 
entity, business entity or a joint venture,  authorized to perform functions of an 
operator of the Ukrainian GTS? If yes, could Ukraine please confirm that this measure 
is consistent with paragraph 2(e) of Article II of the GATS?   
c) Does the Law of 9 April 2015 provide for, inter alia, a requirement on control of such a 
legal entity, a business entity or a joint vent ure by the State of Ukraine? If yes, could 
Ukraine please confirm that such measure is consistent with Article XVII of GATS?   
d) Does the Law of 9 April 2015 provide for, inter alia, a requirement on control of such a 
legal entity, a business entity or a joint vent ure by the State of Ukraine and by a legal 
entity controlled wholly or partly by the Stat e of Ukraine? If yes, could Ukraine please 
confirm that this requirement is consistent with Articles II and XVII of the GATS?   
e) Does the Law of 9 April 2015 provide for, inter alia, that the functions of an operator of 
the Ukrainian GTS could be performed by a bu siness entity 100% of corporate rights of 
which jointly belongs to the State of Ukraine and a legal entity (referred to under the Law as a GTS partner)? If yes, could Ukraine please explain whether this requirement 
is in compliance with paragraph 2 (e) of Article XVI of the GATS? 
f) Does the Law of 9 April 2015 provide for that a GTS partner shall be controlled by 
resident/residents of the United States? If yes, could Ukraine please confirm that this requirement is in consistence with Article II of the GATS?   
g) Does the Law of 9 April 2015 provide for that a GTS partner shall be controlled by 
resident/residents of the European Energy Community? If yes, could Ukraine please confirm that this requirement is consistence with Article II of the GATS? 
h) Does the Law of 9 April 2015 provide for that 49% of corporate rights of a GTS partner 
should be owned/controlled by any person (persons) or residents of the United States and European Energy Community? If yes, could Ukraine please confirm that such 
requirement is consistence with Article XVI 2 (f) of the GATS? 
i) Is the similar right to perform functions of an operator of the Ukrainian GTS as well as 
of gas storage facilities (within a joint venture) accorded to any other WTO members (other than residents of the United States and European Energy Community)? If yes, 
please specify the respective provision of the Law of 9 April 2015. 
j) Taking into account that paragraph 1 of Article 2 of Section 1 of the Law refers to the 
obligations of Ukraine under the Treaty Establishing the Energy Community of 2005, 
pursuant to which the reform of natural gas market was adopted, could Ukraine, 
please, specify which provision of the said  Treaty requires, that 49% of corporate 
rights of a legal person (GTS Partner) should be owned by any person (persons) from 
a state (states) which is a party of the Energy Community or which is the US. 
k) Taking into account that Ukraine did any limitation both on market access and national 
treatment under mode 3 in respect of pipeline transport services and warehouse services in its schedule of specific commitments under the GATS, could you, please, 
specify how the above indicated requirements of Law of 9 April 2015 comply o with the 
specific commitments of Ukraine under the GATS in respect of pipeline transport services and warehouse services? 
 
Answer:  Ukraine would like to refer the Russian Federation to the information that Ukraine has 
provided to the Russian Federation on this i ssue in the context of the Committee on Trade in 
Services meetings of June 2015 and March 2016 (see documents S/C/M/123 and S/C/M/126).  
 2) Regarding media services Ukraine imposed a full scale or partly ban for Russian media service 
providers within the territory of Ukraine. We believe this measure to have trade distortive 
effect and appear to be not in line with the following commitments of Ukraine under the WTO: 
Articles II, XVI and XVII of GATS. We kindly as k the Ukrainian Government to comment on the 
application of such measure.  
 
Answer:  When adopting this measure, Ukraine took into account its WTO rights and obligations 
and considers that the measure is consistent with them.  
 
State trading, state-owned ente rprises, and privatization.  
3.129  As an independent nation, Ukraine inherited from the centrally-planned Soviet Union an  
economy largely in collective ownership. The Verkhovna Rada passed a law on privatization in  
1992 and adopted a number of successive State Privatization Programmes starting from 1992.  By WT/TPR/M/334/Add.1 
 
- 96 - 
 
  the end of 2006, nearly 110,000 entities had ch anged ownership since the privatization process  
begun; 26% of them had been state owned, while  the other enterprises had been held by the  
municipalities. Larger enterprises were often split into smaller independent units which were  
subsequently privatized. The proceeds from privatization totalled nearly Hrv 40 billion over this  
period, of which most was channelled into a general fund for addressing social issues. The  
privatization of more than 1,200 objects raised  an additional Hrv 22 billion between 2008 and  
2013.  
Question: 
According to the Law №1005-VIII "On amendments of certain legislative acts concerning the 
improvement of privatization procedures" of 16 February 2016, which entered into force on 6 
March 2016 the ban on participation in privatization procedures was introduced with respect to both legal and natural persons or connected with them and registered in states or residents of states recognized by Ukraine as aggressors with respect to which the sanctions were applied 
according to the Ukrainian legislation.  
The Russian Federation considers the provisions of  the Law to be not in line with the commitments 
of Ukraine under the WTO (Article II of GATS).  Could the Ukrainian side please explain the 
compliance of such requirement with its WTO commitments? 
Answer:  When adopting Law No 1005-VIII, Ukraine took into account its WTO rights and 
obligations and considers that the measure is consistent with them.  
 Import prohibitions, restrictions, and licensing.  
3.31.  Law No. 959-XII "on Foreign Economic Activities" of 16 April 1991, as amended by Law  No. 
360-V of 16 November 2006, provides the basic legal framework for the imposition of  non-tariff 
measures in Ukraine. Imports may be banned in exceptional cases as foreseen in  Articles XX and 
XXI of the GATT 1994, e.g. for the protec tion of human, animal or plant life or  health, or for the 
protection of the environment; to block goods or services propagating war,  racism or racial 
discrimination, genocide, or other acts contradicting Ukraine's Constitution; or to  enforce Ukraine's 
international obligations related to the maintenance of international peace and  security. Goods 
violating intellectual property rights are also prohibited. Import restrictions  maintained under the 
SPS regime are detailed in Section 3.4.3.  
Question: 
According to Cabinet of Ministers' Resolution No. 1147 of 30 December 2015 on import ban of goods originating in the Russian Federation the Ukraine imposed an import ban on certain Russian 
goods (beef, pork, poultry meat, fish, dairy products, coffee and tea, wheat, sugars and 
confectionary, child nutrition, beer, ethyl alcohol, vodka, cigarettes with filter etc.).  
We consider the applied by Ukraine measure as an unjustified and discriminatory barrier to trade. 
Such measure is not in line with the following WTO obligations of Ukraine: Article I GATT (Russian 
goods are treated less favourable than those imported from third countries), Article XI GATT (the measure imposed is not in line with the requirements to quantitative restrictions).  
Could Ukraine please elaborate on the compliance of the measure imposed to the mentioned WTO 
rules?  
Answer:  When adopting this measure, Ukraine took into account its WTO rights and obligations 
and considers that the measure is consistent with them.  
 
Anti-dumping, countervailing duty , and safeguard regimes.  
 3.49.  It is not uncommon for investigations to be terminated without the imposition of measures. 
Although the five-year reviews regularly result in the extension of existing measures, seven 
measures expired in 2014 (without review investigations). The definitive anti-dumping measures in force as of November 2015 affected certain imports from four trading partners (Table 3.11). At the same time, investigations were in progress regarding caustic soda and certain nitrogen fertilizers 
produced in the Russian Federation. Ukraine's anti dumping measure on ammonium nitrate is 
currently being examined by a panel under the WTO Dispute Settlement Mechanism (Section 2.3.1). 
 WT/TPR/M/334/Add.1 
 
- 97 - 
 
  Questions:  
 1. On 1 July 2014 the Intergovernmental Commi ssion of Ukraine on International Trade 
extended definitive anti-dumping measures on imports  of ammonium nitrate originating in the 
Russian Federation and increased anti-dumping duties.
10 The decision to increase the definitive 
anti-dumping duties rests, inter alia, on dumping margins calculated on the basis of the comparison of the actual export prices of the Ru ssian exporters with the constructed normal value. 
In the context of establishing the constructed norm al value and performing an ordinary course of 
trade test, Ukraine failed to calculate costs on th e basis of records kept by the Russian exporters 
and producers. Ukraine rejected the price of natu ral gas actually paid by Russian exporters and 
producers of ammonium nitrate and replaced it with the adjusted export price of natural gas that 
is delivered at the German border. On 12 May 2015 the Russian Federation requested 
consultations with Ukraine over its antidumping measures on ammonium nitrate pursuant to Articles 1 and 4 of the Understanding on Rules and Procedures Governing the Settlement of 
Disputes, Article XXIII:1 of the GATT and Articles  17.2 and 17.3 of the Anti-Dumping Agreement.
11 
Regrettably, the consultations failed to resolv e the matter and the Russian Federation had to 
proceed with a request for the establishment of a Panel.12 The Russian Federation considers that 
the Ukrainian antidumping measures on ammonium nitrate are, inter alia incompatible with 
Articles 2.2.1.1 and 2.2 of the Anti-Dumping Agreement that mandate the use of producers' 
records when establishing the constructed normal value and the use in this context of costs in the country of origin. The Russian Federation brings to the Ukraine's attention the Panel Report in 
European Union – Anti-dumping Measures on Bi odiesel from Argentina released on 29 March 
2016.
13 At paragraph 7.242 of the Report the Panel conclusively rejected a proposition that under 
Article 2.2.1.1 of the Anti-Dumping Agreement an investigating authority is entitled to reject 
producers' costs on the account of those costs being unreasonable.14 Furthermore, at paragraph 
7.260 of the Report the Panel ruled that under Article 2.2 of the Anti-Dumping Agreement an 
investigating authority cannot use a "cost" that is not the cost prevailing "in the country of origin" 
in the construction of the normal value. Since the Ukrainian anti-dumping measures on ammonium 
nitrate originating in the Russian Federation are based on the above mentioned methodologies that the Panel found to be incompatible with the An ti-Dumping Agreement, the Russian Federation 
believes that the conditions for the imposition of such anti-dumping measures are not met. The 
Russian Federation hereby requests the Ukrain ian authorities to carefully examine the above 
comments in relation to its WTO obligations. Besides, the Russian Federation requests Ukraine to answer the following questions.  
 
1.1. Does Ukraine consider that whenever there is a governmental regulation of any kind, the 
reported  costs of production are distorted and therefore do not reasonably reflect the costs of 
production? 
1.2. Please clarify how the use of data from sources other than the producers or exporters of the 
 country of origin of the product under consideration is relevant for determining the cost of  production in the country of origin, as required by Article 2.2 of the WTO Anti-Dumping 
Agreement. 
1.3. What criteria Ukraine uses for determining other representative markets while rejecting 
actual costs  of Russian exporters or producers? 
                                               
10 Decisions of the Intergovernmental Commission on International Trade No. AD-315/2014/4421-06 
of 1 July 2014. 
11 Ukraine - Anti-Dumping Measures on Ammonium Ni trate - Request for consultations by the Russian 
Federation, WT/DS493/1, G/L/1114, G/ADP/D109/1, 12 May 2015. 
12 Ukraine - Anti-Dumping Measures on Ammonium Ni trate - Request for the establishment of a panel 
by the Russian Federation, WT/DS493/2, 10 March 2016. 
13 WT/DS/473/R. 
14 Paragraph 7.242 of the Report states: "On the ba sis of the foregoing considerations, we understand 
the ordinary meaning of the phrase "provided such reco rds … reasonably reflect the costs associated with the 
production and sale of the product under consideration", in its context, to concern whether the costs set out in 
a producer/exporter's records reflect all the actual cost s incurred by the producer/exporter under investigation 
in –within acceptable limits – an a ccurate and reliable manner. This, in our view, calls for a comparison 
between, on the one hand, the costs as they are reported in the producer/exporter's records and, on the other, 
the costs actually incurred by that producer. We emphasiz e, however, that the object of the comparison is to 
establish whether the records reasonably reflect the cost s actually incurred, and not whether they reasonably 
reflect some hypothetical costs that might have be en incurred under a different set of conditions or 
circumstances and which the investigating authority considers more "reasonable" than the costs actually incurred". WT/TPR/M/334/Add.1 
 
- 98 - 
 
  1.4. How does Ukraine reconcile using the export price of Russian gas at the German border as a 
 benchmark and alternative cost basis when Article 2.2 of the WTO Anti-Dumping Agreement  provides that the determination is to be based on "the cost of production in the country of 
origin"? 
1.5. In its reply to the Russian Federation's Question No. 5 in WTO document G/ADP/Q2/UKR/1 
("Please  specify what kind of costs of produc tion should be 'adjusted' or 'established' in 
accordance with the  Ukrainian Anti-Dumping law, and whether this shall be done only when 
the costs in question  constitute an important part of the total production costs?"), Ukraine cited 
paragraph 9 of Article 7  of the Ukrainian Anti-Dumping Law, including the following part: "under condition such accounting  report … completely reflects the costs, related to the production and sale of goods subject to  consideration". 
 
1.5.1.  What is the meaning of the phrase "completely reflects" in the Ukrainian legislation 
and the interpretation of this phrase by the Ukrainian investigating authority? 
1.5.2.  What is the difference in the meaning between the wording "completely reflect" used 
in the Ukrainian Anti-Dumping Law and the wording "reasonably reflect" in Article 2.2.1.1 of the WTO Anti-Dumping Agreement? 
1.5.3.  What criteria and methodology does the Ukrainian investigating authority use to 
determine whether exporters' or producers' records "completely reflect" the costs associated with the production and sale of the product under consideration? In what document is this methodology described? 
1.5.4.  Is the investigating authority required to "adjust" or "establish" the costs if a 
determination is made that the recorded costs do not "completely reflect" the costs associated with the cost of production of the product under consideration? Please 
provide an answer with reference to the relevant provisions of Ukrainian legislation 
and of the WTO Anti-Dumping Agreement.  
 
Answer:  The issues covered by these questions are currently subject to Dispute Settlement 
proceedings in the WTO (DS 493).   2. On 2 July 2014 Ukraine started the interim review of anti-dumping measure on imports of 
float glass originating in Belarus, Poland and the Russian Federation. The Russian Federation 
considers that launching the review the investigating authority acted inconsistently with the following provisions of the Anti-Dumping Agreement: 
 Article 11.2 (during the review period there was no domestic industry in the 
understanding of Article 4 of the Anti-Dum ping Agreement, since the work of the 
only float glass producer was suspended for reasons other than dumped imports); 
 Article 3.5 (there was no causal link betw een Russian imports and the injury to the 
domestic industry). 
 On 10 September 2015 Ukraine ended the expiry re view because the applicant had withdrawn the 
application for the review due to lack of float glass production in Ukraine. Subsequently, the anti-
dumping measures on imports of float glass originating in Belarus, Poland, Bulgaria and Turkey were terminated. Only for the Russian goods the measure is still in effect. Therefore, please 
answer the following. 
 
2.1. What are the reasons for Ukraine to maintain the measure on imports from 
Russia?  
2.2. What provisions of the Anti-Dumping Ag reement enable Ukraine to maintain the 
measure, given that the sole Ukrainian producer confirmed that there is no production of float glass in Ukraine? 
 
Answer:  The original anti-dumping measure on float glass from the Russian Federation was 
imposed on 28 May 2012. This investigation was conducted in accordance with national legislation 
and the Anti-Dumping Agreement. Unless there is a justification to suspend or terminate it, an 
anti-dumping measure should remain in force for a period of 5 years. The measure at stake should 
thus remain in force until 27 May 2017, unless extended in accordance with the national legislation 
and Article 11(3) of the Anti-Dumping Agreement.  
The determination to terminate the measures with respect to imports of float glass from certain countries – contained in Resolutions No. AD-337/2015/4442-06, AD-338/2015/4442-06, AD-339/2015/4442-06 and AD-340/2015/4442-06 of the Interdepartmental Commission on 
International Trade - was based on the facts before the Commission, and analysis thereof. The WT/TPR/M/334/Add.1 
 
- 99 - 
 
  assessment is disclosed in the above-referred Resolutions. Since those facts and analysis 
supported the termination of only some of the measures on float glass, the Commission so decided.   
3. Please specify the methodology used by Ukraine to determine domestic industry for the 
purposes of anti-dumping investigations when the production of the product under investigation at 
the territory of Ukraine is suspended for an und efined timeframe (nitrogen fertilizers, abrasive 
wheels on ceramic bonds) or totally terminated (pointworks).  
Answer : The general procedure for definition of the na tional producer is governed by Article 4.1 
of the Agreement on Implementation of Article VI of GATT 1994 and Article 11 of the Law of 
Ukraine "On protection of the national producer against dumped imports". In particular, Article 4.1 of The Agreement, the term "domestic industry" sh all be interpreted as referring to the domestic 
producers as a whole of the like products or to  those of them whose collective output of the 
products constitutes a major proportion of the total domestic production of those products. Thus, for the investigation purposes the Ministry of economic development and trade of Ukraine is 
conducting examination of the presence of the nati onal producer for clearly defined period. In case 
of the production suspension by domestic producers the definition of the national producer is considered separately in each case on the basis of available and objective information.  
 
4. With respect to the ongoing anti-dumping investigation on imports of certain nitrogen 
fertilizers initiated by Ukraine on 27 June 2015 the Russian Federation notes that the actions of 
Ukrainian investigating authority appear to be inconsistent with the following provisions of Anti-
Dumping Agreement (ADA): 
 Article 5.2 (an application of producers on the initiation of investigation does not 
correspond to the requirements of ADA); 
 Article 5.4 (an application on the initiation of investigation was not made by or on 
behalf of the domestic industry, the information on domestic producers supporting the application was not provided); 
 Article 6.2 (exporting industry was not provided with full opportunity for the 
defense of their interests); 
 Article 6.5 (the non-confidential summaries do not permit in sufficient detail a 
reasonable understanding of the substance of the information submitted in 
confidence). 
 In the light of the above, could the Ukrainian si de please explain the actions of the Ukrainian 
investigating authority with reference to the relevant WTO provisions? Besides, the Russian 
Federation urges Ukraine to continue the anti-dum ping investigation in full consistence with WTO 
rules. 
 
Answer : On June 27, 2015 according to the decision of the Interdepartmental International Trade 
Commission (23 June 2015 # AD-331/2015/4442-06) "On the initiation and conduction of anti-dumping investigation on imports into Ukraine of certain nitrogen fertilizers originating from the 
Russian Federation" the investigation was launched. As of today the investigation is being 
continued. All interested parties in this investigation were properly registered and informed of their rights and obligations in the framework of the investigation. All interested parties were given 
opportunity to present in writing all evidence which they consider relevant in respect of the 
investigation. Registered Russian producers/exporter s are given with full o pportunity for defence of 
their interests under ADA and the Law of Ukraine "O n protection of the national producer against 
dumped imports."  
 5. Please explain the criteria or rules the Ukrainian investigating authority is guided by during 
the anti-dumping investigations when it makes a de cision to send questionnaires to the authorities 
of exporting countries in cases of active participation of the exporters (as it was made during the 
anti-dumping investigation in respect of certain types of mineral fertilizers originating in the Russian Federation), and provide the relevant examples.  
 
Answer: In accordance with Article 6.1 of the Anti-Dumping Agreement "[a]ll interested parties in 
an anti-dumping investigation shall be given notice of the information which the authorities 
require…" In turn, Article 6.9 of the Anti-Dumping Agreement states  that "[f]or the purposes of 
this Agreement, "interested parties" shall include: …(ii) the government of the exporting WT/TPR/M/334/Add.1 
 
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  Member;.." Moreover, Annex II, para. 1 to the Anti-Dumping Agreement requires that: "As soon as 
possible after the initiation of the investigation, the investigating authorities should specify in detail the information required from any interested party, and the manner in which that information should be structured by the interested party in its response." These requirements are 
reflected in Article 13.3 of the Law of Ukraine "On protection of the national producer against 
dumped imports", according to which the Ministry of Economic Development and Trade is entitled to send questionnaires to the known exporters,  importers, other parties of the antidumping 
investigation deemed relevant or to competent bodies of an exporting country in order to obtain 
information and evidence to be used in the antidumping investigation. The Ministry is entitled to request the parties in volved to submit information and evidence needed 
for an antidumping investigation. Such a request is binding for parties involved and reply shall be 
provided within a time period set by the Ministry ." In sum, both in light of the Anti-Dumping 
Agreement as well as the national legislation th e Ministry of Economic Development and Trade is 
entitled to seek information from all interested parties, including the government of the exporting 
Member. 
In the investigation at stake, the authorities of the Russian Federation requested to be registered 
as interested parties in the anti-dumping investigation on imports into Ukraine of nitrogen 
fertilizers originating in Russian Federation. Subsequently, the Ministry of Economic Development 
and Trade informed all registered parties to the investigation of their rights and duties. The competent authorities of the Russian Federation submitted comments to the non-confidential version of the application, in which they drew the attention of the Ministry to facts that required 
further examination in the investigation. In light of that and in order to clarify some facts and to 
obtain information to be used in the antidumping investigation, the Ministry of Economic Development and Trade sent requests for informat ion to the competent authorities of the Russian 
Federation.  
 6. With respect to the Safeguard measure applied by Ukraine on Seamless steel pipes and 
extended for 1,5 years from 1 April 2015 to 30 September 2016 the Russian Federation notes that 
the Ukrainian  investigating authority acted inconsistently with the following provisions of Agreement on Safeguards:  
‐ Articles 3.1 and 7.2 (the measure was applied during period of the review that 
was conducted after the date of the supposed termination of the measure, which makes the results of such review (decision to extend the period of 
application of the measure) unfounded); 
‐ Articles 2.1 and 4.1 (causal link between increased imports and serious injury to 
the domestic industry was not demonstrated). 
 
In the light of the above, the Russian Federation considers that the actions Ukrainian investigating 
authority were not in line with the commitments of Ukraine under Agreement on Safeguards.  
6.1. Could the Ukrainian side please explain the decision of the Ukrainian investigating 
authority to extend the period of applicat ion of the measure with reference to the 
relevant provisions of the Agreement on Safeguards and the GATT and confirm 
that the total period of application of a safeguard measure will not exceed eight 
years as it is stipulated in Article 7.3 of the Agreement on Safeguards? 
 
Answer: In accordance with Article 7.3 of the Agreement on Safeguards and equivalent provision 
of the national legislation, the Ukrainian authorities extended the period of application of the safeguard measures after determining that th ere was enough evidence that the safeguard 
measure continued to be necessary to prevent or  remedy serious injury and that the domestic 
industry was adjusting. The required notifications under Article 12 of the said Agreement were 
submitted to the WTO. The maximum period of application of a safeguard measure is set forth in Article 18.5 of the Law 
of Ukraine "On application of safeguard measures against imports into Ukraine" which states that: 
"[t]he total period of application of a safeguard measure including the period of application of any 
provisional measure, the period of initial application and any extension thereof, shall not exceed 
eight years." This provision is consistent with Ar ticle 7.2 of the Agreement on Safeguards. Ukraine 
acts in any investigation in line with its national and WTO obligations.   
6.2. In accordance with Article 8 of Agreement on Safeguards A Member proposing to 
apply a safeguard measure or seeking an extension of a safeguard measure shall WT/TPR/M/334/Add.1 
 
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  endeavour to maintain a substantially equivalent level of concessions and other 
obligations to that existing under GATT 1994 between it and the exporting Members which would be affected by such a measure, in accordance with the provisions of paragraph 3 of Article 12. To achieve this objective, the Members 
concerned may agree on any adequate means of trade compensation for the 
adverse effects of the measure on their trade. In this context, please specify on the actions undertaken by Ukraine to co mply with Article 8 of Agreement on 
Safeguards.  
 Answer:  In line with its obligations under Article 8.1 and 12.3 of the Agreement on Safeguards, 
Ukraine provided adequate opportunity for prior consultations with those Members having a 
substantial interest as exporters of the product concerned, with a view to, inter alia , exchanging 
views on the measure and reaching an understanding on ways to achieve the objective set out in Article 8.1. Ukraine did not receive any request for consultations from the Russian Federation 
under those provisions of the Agreement on Safeguards. 
 3.50 As for countervailing measures, Ukraine launched an investigation into imports from the 
Russian Federation of cars (HS 8703) in September 2014. The investigation is ongoing.
15 
Question: 
The Russian Federation notes that the countervailin g investigation in question as regards imports 
of cars from the Russian Federation is terminated. Ukraine applies countervailing duties as from 2 January 2016. We note that the measure imposed is inconsistent with Ukraine's obligations under 
the Agreement on Subsidies and Countervailing Measures (ASCM): 
Article 10 of ASCM (countervailing duties may only be imposed pursuant to investigations initiated and conducted in accordance with the provisions of ASCM); 
Article 11.2 (an application of producers does not include sufficient evidence of the existence of a 
subsidy, injury and a casual link between th e subsidized imports and the alleged injury); 
Article 11.3 (an investigation was initiated based on evidence insufficient to justify the initiation of 
an investigation); 
Article 12.7 (the investigating authorities of Ukrain e did not take into consideration the information 
provided by Russian exporters regarding existence of alleged subsidy and benefit); Article 13.4 (consultations did not occur due to non-provision of non-confidential summary);   
Article 14 (methods of calculation were not transparent and adequately explained); 
Article 15 (not all factors affecting the injury were taken into consideration). In the light of the above, the Russian Federation  considers that Ukraine's investigating authority 
did not act fully in line with the commitments of Ukraine under the ASCM when conducting 
countervailing investigation in question. Could the Ukrainian side please explain the Ukrainian investigating authority's actions with respect to their compliance with the mentioned WTO 
provisions? 
 Answer:  Ukraine does not accept the factual and legal characterization contained in these 
statements and question. The Ukrainian authorities conducted this investigation, and adopted the 
final determination, consistently with the national legislation and the Agreement on Subsidies and 
Countervailing Measures. Ukrainian authorities made affirmative determinations of the existence of a subsidy, material injury and a causal link between the subsidized imports and the material 
injury. During the investigation, the Ministry of Economic Development and Trade provided 
opportunities to all interested parties to present relevant evidence and written comments concerning the matters under investigation. The main findings and conclusions of the investigating 
authority were sent to all interested parties, including the competent authorities of the Russian 
Federation, and comments received were taken into consideration in the final determination.   Technical barriers to trade 
 
3.84. The Law "on Standardization" was revised in 2014 to clarify the terminology used, avoid any compulsory application of standards, and to crea te a national standardization body fully equipped 
to promulgate standards while not being a state authority. In November 2014, the Cabinet of 
Ministers designated the Ukrainian Scientific-Research and Training Centre of Standardization, Certification and Quality Problems to serve as the new national standardization body. Within this 
body, an information centre (ISONET) has been established to provide information about the 
                                               
15 WTO document G/SCM/N/289/UKR, 3 September 2015. WT/TPR/M/334/Add.1 
 
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  institution's work. According to the Ukrainian authorities, 11,662 Ukrainian standards had been 
harmonized with international or European standards by January 2016, leading to the cancellation of 15,773 interstate (GOST) standards developed before 1992.  
 
Question: 
The Russian Federation notes that according to Pa ragraph 3.84 of the Secretariat report Ukraine 
considerably changed its system of technical regulation in 2014 - 2016: 11.662 standards were 
amended/adopted. However, in the mentioned period Ukraine submitted only 18 TBT notifications. Please specify the reason, why such a serious modification was not accompanied by the 
consequent quantity of notifications?   
 Answer:  Ukraine has been notifying the WTO on a regular basis in accordance with the WTO TBT 
Agreement requirements.  
In accordance with paragraph J of the Code of  Good Practice for Preparation, Adoption and 
Application of Standards, contained in Annex 3 to the WTO Agreement on Technical Barriers to Trade, notifications were sent to the Information Centre of the International Organizations for 
Standardization ISO / IEC. 
During 2014-2015, Ukraine did not adopt national standards that could have a significant impact on trade of other WTO members and believes that adopted national standards do not create 
unnecessary obstacles to international trade. These national standards are voluntary to use. 
During 2014-2015, Ukraine has neither received requests from WTO members regarding draft standards included in working programmes for national standardization nor on national standards that could have a significant impact on trade of other WTO members and create unnecessary 
obstacles to international trade.  
 3.88. The procedures for recognition of equivale nce of conformity assessment undertaken outside 
of Ukraine are laid down in Articles 26 and 30 of the Law "on Standards, Technical Regulations and 
Conformity Assessment Procedures". Foreign certif icates of conformity may be accepted on the 
basis of signed agreements with the correspondi ng authorities of other WTO Members. As of 1 
September 2013, Ukraine had concluded 12 such agreements with the conformity assessment 
bodies of the Czech Republic, Slovak Republic, Pola nd, China, Republic of Korea, Germany, and the 
Russian Federation.  
Question: 
In 2014-2016 Russian economic operators repeated ly reported numerous cases of unjustified 
delays in the procedure of recognition  of equivalence of Russian certificates of conformity by an 
authorised organisation of Ukraine, a State certification system (UkrSEPRO), which is not in line with Article 2 of the Agreement on principles of conformity assessment activities and mutual 
recognition of results  of conformity assessment of 4 June 1992. Please explain the reasons for the 
practice? Was it due to the cancellation of 15,773 interstate standards (GOST)?  Answer:  The new Law of Ukraine "On Technical Regulations and Conformity Assessment", 
provisions of which are based on the basic princi ples of the WTO TBT Agreement and Article 45 of 
which governs recognition of conformity assessment conducted outside Ukraine, entered into force on 10 February, 2016. Thus, documents of compliance with technical regulations issued in result of 
conformity assessment carried out in another country are accepted in that case if Ukraine and 
other state concluded a treaty on mutual recognit ion of conformity assessment. At present such 
agreements are not concluded. 
 
Besides, designated bodies have the right to re cognize results of products conformity assessment 
conducted by foreign accredited conformity asse ssment bodies on the basis of agreements with 
such conformity assessment bodies under certain conditions, namely: 
 
 national accreditation bodies accrediting conformity assessment bodies both in Ukraine and 
in other state are members of international or regional organization for accreditation and/or 
h a v e  s i g n e d  a n  a g r e e m e n t  w i t h  s u c h  a n  o r g a n i z a t i o n  o n  m u t u a l  r e c o g n i t i o n  o f  r e l e v a n t  
activities on conformity assessment; and 
 designated body applies a conformity assessm ent procedure or part of it and issues 
document of compliance envisaged by this procedure at its own responsibility on the basis of 
a document of compliance issued by foreign conformity assessment body. 
 WT/TPR/M/334/Add.1 
 
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  Simultaneously, mandatory products certification in the state certification system, which is 
regulated by the Decree of the Cabinet of Ministers of Ukraine "On Standardization and 
Certification», exists along with conformity assessment system according to technical regulations. Mandatory certification is carried out by designated certification bodies, in other words by the third 
parties as conformity assessment, and only of th ose products mentioned in the list of products 
subject to mandatory certification in Ukraine (hereinafter referred to as "the List") and contains types of products covered by technical regulations.  This means that when Ukraine adopts technical 
regulations on products subject to mandatory certification, such products are excluded from the 
List and its mandatory certification stops. Today 90% of products are excluded from this List. This situation will continue until 1 January, 2018 wh en the Decree of the Cabinet of Ministers of 
Ukraine "On Standardization and Certification" as well as system of mandatory certification will be 
canceled. 
Agreements mentioned by Russian representatives are related to recognition of conformity assessment results  
conducted in state certification systems. 
Therefore, it is likely that refusals in recognition conformity assessment results (conformity certificates provided by Russian operators) happene d to be due to the fact that in Ukraine such 
types of products, for which have been issued certificates, are not included in the list of products 
subject to mandatory certification in Ukraine and they are subjects of relevant technical regulations. This is not connected with cancellation in Ukraine of interstate standards (GOST) developed before 
1992, especially that they in majority will be cancelled during 2017 and 2018.   
The referenced agreement is a bilateral agreement. Ukraine requests that the Russian Federation consult in the appropriate bilateral forum about specific concerns with regard to recognition of 
equivalence. Ukraine notes that Ukrainian exporters have experienced numerous instances of 
difficulties in recognition of their conformity assessment with Russian Federation requirements.  
 
3.93. Ukraine has provided around 250 TBT notifications since it joined the WTO, of which more 
than 100 are notifications of draft technical regula tions. Members have raised two specific trade 
concerns in the TBT Committee. The first concern related to a draft technical regulation on the labelling of foodstuff, which appeared to differ from the Codex Alimentarius and involved additional 
costs and burdens for affected operators. In 2012, another Member questioned amendments to 
Ukraine's Law "on Advertising" introducing restrictions on the marketing of alcohol and tobacco products. Ukraine, in turn, has raised 15 specific trade concerns relating to measures maintained 
by other WTO Members. 
 Question: 
According to WTO's notifications database Ukraine has submitted less than 200 (182) TBT 
notifications. Could you please explain the ga p between this figure and that provided in  Paragraph 
3.93 of the Secretariat report? Furthermore, it is mentioned in Paragraph 3.93 that Ukraine has 
submitted around 250 TBT notifications of which more  than 100 are notifications of draft technical 
regulations. In this context could Ukraine please specify whether the remaining part (more than 100 notifications) were notified as legal acts entered into force? If yes, we note that to be fully in 
line with its international commitments, notably (Articles 2.9 and 5.6 of the WTO TBT Agreement) 
the members shall notify other members at an early appropriate stage of their development. Please specify the reason Ukraine digressed from mentioned provisions in a half of cases.  
 
Answer : According to the TBT IMS Ukraine, submitte d 181 regular and 65 other TBT notifications 
(including addenda and corrigenda). Other TBT notifications are prepared according to Article 10.7 
of the TBT Agreement. 181 notifications of Ukrain e were submitted according to Articles 2.9, 5.6 
and 15.2, as it is foreseen by the TBT Agreement.  In addition, Ukraine notified all prepared draft 
technical regulations, resolutions of the Cabinet of Ministers of Ukraine which adopt technical regulations and Draft Laws of Ukraine. In this  manner, all requirements of the TBT Agreement 
provisions are met.  
 3.4.3 Sanitary and phytosanitary measures  
 
3.94. Ukraine is a member of the World Organisation for Animal Health (OIE), the International Plant Protection Convention (IPPC), the European and Mediterranean Plant Protection Organization 
(EPPO), and the Codex Alimentarius Commission . The national Codex Alimentarius Commission 
that normally assists in developing food safe ty control methods, MRLs, and HACCP procedures, WT/TPR/M/334/Add.1 
 
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  amongst others, is currently inactive. The national Codex Contact Point remains operational and 
continues its dissemination of Codex standards in Ukraine.  Questions: 
a) It is mentioned that the national Codex Alimentarius Commission is currently inactive. 
However the Ukrainian National Contact Point is still operating. Could you please clarify what body is responsible for food safety standards developm ent, risk assessment and cooperation with Codex 
Alimentarius Commission in Ukraine?  
 Answer: At present, in accordance with Regulation No. 667 "On State Food Safety and Consumer 
Protection Service of Ukraine" th e functions relating to food safety standards development and risk 
assessment are performed by the State Food Safety  and Consumer Protection Service of Ukraine. 
Due to administrative reforms, the National Codex Alimentarius Commission was liquidated. A national codex contact point has been designated.  
 
b) Could you please clarify whether the HACCP procedures and principles are mandatory within 
the territory of Ukraine? Are these principles mandatory for importers? 
 
Answer : The Law of Ukraine No. 771/97- ВР "On basic principles and requirements for safety and 
quality of food" as of September 20, 2015 provides  for the introduction of HACCP system to all 
Ukrainian food business operators with transition for the follwoing: 
 Production facilities dealing with the food containing unprocessed ingredients of animal 
origin (excluding any minor capacities (starting as of 2017);  Production facilities dealing with the food containing no unprocessed ingredients of animal 
origin (excluding any minor capacities (starting as of 2018); 
 Minor production facilities (starting as of 2019). 
 
Such requirements are applied to importers as well.  
 3.96. Recent developments include the establishment of a new State Service for Food Safety and Consumer Safety on 10 September 2014 with the aim to consolidate SPS-related responsibilities 
spread over several agencies. However, the new agency is not yet operational (as of December 
2015). Under the planned reorganization, the State Veterinary and Phytosanitary Service is to be merged with some or all of the functions of the State Sanitary and Epidemiological Service, the 
State Inspection for Consumer Rights Protection, th e State Agricultural Inspection Service, and the 
State Assay Service. The new agency will be acco untable to the Cabinet of Ministers and function 
as the central executive body responsible for SP S measures, including the safety and quality of 
food products, sanitary legislation, veterinary measures, animal identification and registration, 
plant protection and quarantine, certification of seeds and planting material, and tobacco control.  Question: 
Could you please clarify if the new State Service for Food Safety and Consumer Safety is still not 
operational? Could you please specify its functions? If it is not yet operational what national bodies are responsible for SPS measures ? When will the new agency start to operate? Will any other 
responsible SPS competent authorities cooperate with the new agency? How the functions and 
responsibilities will be distributed among them?  
Answer : The State Service for Food Safety and Consum er Protection became operational pursuant 
to the Order of the Cabinet of Ministers of Uk raine No. 260 "On Issues of the State Service for 
Food Safety and Consumer Protection" adopted as of April 6, 2016. The purpose of the ongoing reform is to reduce the competent authorities in the SPS area to a 
single one - the State Service for Food Safety an d Consumer Protection -, with competence on a 
wide range of areas (see para. 3.96 of the WTO Secretariat Report). Until the moment when the State Service for Food Safety and Consumer Protection is able to effectively exercise all of its 
competences, SPS authorities (such as the Ministry of Agrarian Policy and Food and State 
Veterinary and Phytosanitary Service) will continue to cooperate with the State Service for Food 
Safety and Consumer Protection. The normative acts regulating each of the SPS authorities 
establish their respective functions and responsibilities as well as coordination mechanisms 
between the different competent State authorities in the SPS area.   3.98. A major reform of the food safety regime entered into force on 20 September 2015 with the 
enactment of Law No. 1602-VII of 22 July 2014 "on Amendments to Several Laws with respect to WT/TPR/M/334/Add.1 
 
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  Food Safety". The law aims to align Ukrainian food safety legislation with international standards 
and the EU acquis ("farm-to-fork approach"). Under the new food safety approach, the food chain 
will be monitored through the gradual introduction of HACCP procedures. Mandatory traceability of food products is to be introduced and importers will be required to keep relevant documentation 
for six months after product expiry. Responsibility for compliance with food safety legislation will 
rest mainly on market operators subject to fines for non-compliance. A new chapter on general food hygiene requirements was included in the Food Safety Law, with the objective to replace 
outdated sanitary and veterinary requirements, some of which date back to the 1980s. 
 Question: Could you please provide information to which extent the Ukrainian SPS legislation is harmonized 
with the EU legislation? What specific actions have been taken to achieve this goal, what are the 
future steps? What are the guarantees that Ukraine has its own risk assessment and scientific 
justification for each EU SPS measure which differs  from international standards, guidelines and 
recommendations?  
 Answer : Considerable steps have being undertaken in order to harmonise the Ukrainian SPS 
regime with the EU's. Achievements are presen ted in the "Report on Implementation of the 
Association Agenda and the Association Agreem ent between the European Union and Ukraine" 
which is published regularly and is available in th e web portal of the Government of Ukraine. The 
latest version was published beginning of January 2016 and reports the results achieved in the 
SPS in 2015.  
Regarding future steps, on February 24, 2016 the Cabinet of Ministers of Ukraine published Resolution No. 228-p "On approval of a comprehens ive strategy for the implementation of Chapter 
IV (Sanitary and Phytosanitary Measures) of Chapte r IV "Trade and issues related to trade," the 
Association Agreement between Ukraine, on one hand, and the European Union, the European Atomic Energy Community and their Member States, on the other hand". This normative document 
is available at the web portal of the Government of Ukraine. This Resolution contains a detailed list 
of activities to be performed, with deadlines for achieving them.   Regarding risk assessment and scientific justificat ion, Article 15 of the Law of Ukraine "On the 
Basic Principles and Requirements for Food Sa fety and Quality" No. 771/97, as amended on 1 
January, 2016, sets forth, in its para. 1.1), that "sanitary measures shall be based on scientific 
principles and current scientific studies, except as provided in subparagraph 4 of this paragraph;…"  
Besides using its own risk assessment, Ukraine may draw upon existing international and other 
national assessments.  
 3.99. The amendments require that imports of food  products (except products of animal origin) 
and raw materials for the food industry must be accompanied by an "international certificate" or 
other documents issued by the competent authorit y of the country of origin.102 The requirement 
for importers to obtain a sanitary-hygiene certificate was repealed, effective 20 September 2015, although imported food consignments may be subject to state border control. The frequency of 
physical inspections and laboratory testing of shipments depends on the risk posed to human 
health. An import risk analysis may be initiated by the competent authorities, authorizing accredited laboratories to perform the assessment. The results of a risk analysis must be published 
on the agency's website within three days. Laboratories can be accredited by the National 
Accreditation Agency of Ukraine and/or an international accreditation body.   
 
Questions: 
a) Could you please clarify what is the «international certificate»? Please provide an 
active web-link, where the form, structure and content of this document are available? What international standards correspond to this "international certificate"? Whether 
this document corresponds to the requirements for national producers? Are any other 
products (except for products of animal origin) should be accompanied with this document? What other documents are necessary for imported animal and plant 
products?  
 Answer : Article 1 of the Law of Ukraine № 1602-VII "On Amendments to Several Laws with 
respect to Food Safety" defines 'international certificate' as a document, the form and content of 
which meet the guidelines of the relevant intern ational organizations, issued by the competent 
authority of the country of origin, certifying animal health and/or suitability of food for consumption. According to the food law, all food products require international certificate or other 
document issued by the competent authority of country of origin. WT/TPR/M/334/Add.1 
 
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  Any certificate attesting to animal health and/or suitability of food for consumption is issued by 
competent authority in exporting country acceptable, provided it is agreed on a bilateral basis. For importing products of animal origin, the interational veterinary certificate issued by the country of origin is considered to meet the requirements of international certificate. 
The import of plant products requires phytosanitary certiciate. The plant origin products are 
supported with a certificate approved by the International SPS Standard (IFRS #12).  Templates of approved international certificates are placed on the web-site of the State Veterinary 
and Phytosanitary Service of Ukraine http://www.vet. gov.ua/node/68. At this web page there is an 
information concerning templates agreed veterinary certificates on import animal origin products 
and live animals into Ukraine, and also there are te mplates of agreed certificates for certain food 
products and live animals on export from Ukraine. 
It is foreseen by national food law that consignments with sanitary objects that are imported in 
Ukraine need to be accompanied by international certificate or other document issued by the competent authority of country of orig in (1 consignment – 1 certificate). 
 
b) What are "other documents issued by the competent authority of the country of 
origin"?  
 
Answer :  I t  i s  f o r e s e e n  b y  n a t i o n a l  f o o d  l a w  t h a t  c o n s i g n m e n t s  w i t h  s a n i t a r y  o b j e c t s  t h a t  a r e  
imported in Ukraine need to be accompanied by international certificate or other document issued by the competent authority of country of origin atte sting to animal health and/or suitability of food 
for consumption. 
 
c) Could you please specify whether sampling and testing procedures will be held 
separately from the border control procedures? What specific measures are provided 
to avoid the additional costs of economic agents? 
 
Answer : Sampling and testing procedures may be held at border control points if traders wish to 
complete clearance of goods upon entry where facilities for such are available. Sampling and testing for goods clearing at inland customs house is not performed at entry points unless physical exmaintaion of consignmnets require such.  
 
In the course of physical check, means of transpor tation with food products of animal origin are 
subject to full unloading when: 
 
1) a consignment was loaded in a way so that it is not feasible to access all of its parts through partial unloading; 
2) infringement was found in th e course of sample inspection; 
3) infringements were found in prev ious consignments of the operator; 
4) there is a reasonable suspicion of a potential infringement. Laboratory analysis shall be mandatory in cases as follows: 
1) availability of results from the previous analysis indicative of hazard of a consignment 
originating from the same facility; 2) availability of information on hazards related to an object of sanitary measures imported (sent) 
to the customs territory of Ukraine from a certain country; 
3) if provided for by annual state monitoring plan; 4) if based on the results of control of documents that accompany a consignment of objects of 
sanitary measures and/or inspection thereof in regard to compliance of information contained in 
accompanying documents, there is evidence on potential infringement of legislative requirements on safety and specific quality parameters of food products.  
 
d) Frequency of physical and laboratory good s examinations depends on the transported 
goods risk to human health. Could you please clarify which is the way to determine the mentioned? Please provide the web-link to the in formation on the risk products is available. 
 
Answer : The periodicity of conducting the physical inspection and laboratory tests is established 
to secure the proper level of protecting a person's  health, animals' health and plant health (Article 
5 of the SPS Agreement).  
As per the Law of Ukraine # 1602, the Ministry of Health Protection of Ukraine shall establish the 
proper level of protecting a person's health.  WT/TPR/M/334/Add.1 
 
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  The Law of Ukraine "On the veterinary medicine" (A rticle 23) established the criteria for the risk 
analysis, specifically, as follows:  
1) objective of risk analysis; 
2) identification of animals' diseases, ways of penetration (carriers, type of transmission) 
fostering their skidding, rooting and spread;  3) sources of information;  
4) risk assessment of animals' diseases including the probability of causing injury to the 
animals and persons and subsequent effects;  5) defined options of risk management and ca uses of rejecting any alternative options. 
 
2. In case of sufficient volume of scientific and other technical information it is required to conduct 
quality risk assessment as per the requirements of  the respective international organizations.  
3. In case of insufficient or no scientific and other technical information be necessary for the 
quality risk analysis it is required to conduct a quality risk assessment. 
4. The documents on risk analysis which are specified in Part one of this Article shall be accessible for all the interested parties either in writing and/or in an electronic form. 
 
The Law of Ukraine "On the plant quarantine" (Article 17) establishes the criteria regarding the conduct of the risk analysis and risk management, specifically, as follows:  
 purpose of conducting the analysis;  
 facts of identifying regulated hazardous organisms and the ways of their penetration 
(carriers, type of transmission), rooting and spread;  
 sources of information;  
 conclusion on assessment of the phytosanitary risk including the probability of causing injury 
to plants and consequences which might be caused hereby;  
 options of risk management and causes for rejecting the alternative options. 
 Risk analysis results are placed on the official web-site of the central executive authority that implements the state policy in the field of plant qu arantine during three working days as of the day 
when the conclusions are approved. (http://www. vet.gov.ua/sites/default/files/AFR.pdf ) 
Risk analysis is conducted by the central executive authority that implements the state policy in the field of the plant quarantine. 
Risk management entails risk mitigation for the plant life and health as per the proper level of 
phytosanitary protection that is established in Ukraine.  In the course of examining the alternative options of  mitigating the risk of skidding the quarantine 
organisms the defined phytosanitary measures shall not restrict the trade more than it is 
necessary to achieve the proper level of the ph ytosanotary level of protection including the 
technical and economic advisability of the alternative measures proposed.  
 
e) Please provide information what are the requirements for the risk assessment? What 
are the methods to conduct risk assessment? Is there a sampling plan for laboratory analysis? Whether any risk assessment has been conducted? Please provide the web-
link to the information about conducted risk assessments is available. What is the 
quantity of the laboratories accredited for risk analysis?  
 
Answer : Risk assessment requirements are specified in par. d) (see above). 
As per Article 55 of the Law of Ukraine # 162 the laboratory tests are mandatory only if: 
 
1) available are the results of the latter tentative test proving the hazard of the freight 
originating from the same facility; 
2) available is the information on the hazardous factors related to the object that is subject to the SPS measures that is imported (forwarded) to the customs territory of Ukraine from 
a certain country; 
3) if such a test is envisaged in an annual plan of state monitoring; 4) if, as per the results of verifying the documents supporting the freight with the objects 
be subject to the sanitary measures, and/or based on inspection of the freight regarding 
the conformity with the information that is provided in the supporting documents, received are the data proving the impossibility of violating the requirements of the law on food safety and specific indices of food quality. 
 WT/TPR/M/334/Add.1 
 
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  Register of authorized laboratories and reference laboratories is maintained by the competent 
authority, which will be publicly available at its official website. Currently the mentioned issue is being under construction. A draft resolution of the Cabinet of Ministers of Ukraine "On approval of the sampling procedure for 
the objects of sanitary and veterinary-sanitar y measures for research (testing) is pending 
adoption.  
3.100. According to the authorities, there are current ly no procedures in place for the registration 
of food additives and flavouring matters. It a ppears that food additives recognized by the 
European Union to be safe for human consumptio n are deemed to be approved in Ukraine. The 
adoption of the relevant regulation governing the approval procedure for state registration of food 
additives, flavourings and enzymes on the basis of EU Regulation No. 1331/2008 of 16 December 
2008 is still pending.106 According to the Law of Ukraine No. 1602-VII of 22 July 2014, the central executive body will be responsible for registration  of food additives and administration of a state 
register.   
 Question: 
According to Ukrainian law No. 1602-VII food additives approved in the EU are automatically 
approved in Ukraine. But the list of such approv ed food additives was not attached to the draft 
document. Please provide the source of informatio n where the list of approved food additives is 
available. How will be the subsequent food additives registration conducted? How is the structure 
of population nutrition taken into account and how is the safety risk for food additives set up? Will 
the national risk assessment takes into account the population nutrition features or the practice of automatically approving of the EU standards will continue? 
 
Answer : The Law of Ukraine # 1602 (Articles 29, 30) provides the procedures of state registration 
of the food additives. 
 
The food additive can be registered only in case if:  
1) there is a justified technological necessity in a food additive; 
2) the consumer is not made confused due to the use of the food additive; 
3) the food additive, as per the current scientific data, does not cause any injury to the person's health if used in the volu me that is planned for the usage. 
 
In the course of the state registration of the food additive it is required hereto:  
1) define the food where this food additive might be added and, if necessary, the 
conditions when it can be added; 2) restrict the food additive up to the lowest level of its usage be necessary to achieve the effect desired; 
3) take into account any permissible daily consumption or volume of consumption of food 
additive and its alleged daily consumption from all the sources including the potential daily consumption of the food additive by special groups of consumers. 
 
3.103. Pending its reorganization, the State Veterina ry and Phytosanitary Service of the Ministry of 
Agrarian Policy and Food remains the competent authority for the implementation of veterinary 
and phytosanitary measures. Veterinary requirements are governed principally by the Law "on 
Veterinary Medicine" and the Food Safety Law. Ac cording to the Food Safety Law, the importation 
of meat and meat products is conducted either on the basis of an international veterinary certificate or another relevant document issued by the competent authority of the home country. 
With the creation of a new institution, Ukraine will develop its own form of the international 
certificate. Currently, on the official website of  the Veterinary Service, forms of veterinary 
certificates agreed with some foreign partners fo r export and import can be viewed in Ukrainian 
(http://old.vet.gov.ua/law/sert#grp_4). The requir ements for products subject to veterinary 
surveillance and control are set out in Order No. 71 of the Ministry of Agrarian Policy and Food. 
Activity licensing for imports of animals and anim al products, and food additives, amongst others, 
was abolished in 2014. In the context of a broader deregulation policy, the requirement to obtain a 
veterinary permit for imports of meat, meat pr oducts, and live animals has been eliminated. 
 WT/TPR/M/334/Add.1 
 
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  Questions: 
a) Are there any administrative procedures for importing of goods to the territory of 
Ukraine?  
 
Answer : Procedures for importing food products are provided in the food safety law.  
 
b) In the circumstances of the pre-licensing abolition, whether there is a list of countries, 
which can export its agricultural products without any preliminary approval? If there is 
such list, what is the basis for its formulation and where it is possible to get acquainted with it?  
 
Answer : There is no list of countries which can import into the customs territory of Ukraine its 
agricultural products without pre-approval.  
3.104. Since April 2014, the Ministry of Agrarian Po licy and Food recognizes the EU production and 
control systems for products of animal origin and raw materials as equivalent to Ukraine's system of food safety and quality. Products from approved EU-facilities are allowed for import into 
Ukraine. The legal framework provides for mandatory identification and registration of farm 
animals. Recent amendments aim to improve the monitoring of animal health and veterinary-
sanitary conditions. Imports of meat and meat products treated with growth promoting hormones are permitted, according to the authorities. A ccording to the Law "on veterinary medicine", 
veterinary medicines must be registered; at end-2015 no growth-promoting veterinary drugs had 
been registered.   
 
a) Could you please specify the export requirem ents for animal origin and plant origin 
products? Are they same as the import requirements? Is there export licensing in Ukraine? Could you please provide precise information about the internal control 
procedure and traceability?  
 Answer : The export and import requirements for animal products are generally established in 
connection with the health status of the partner trading country. For animal prdocuts, the main 
requirement is approval of export facilities. 
The export requirements are not the same as import requirements. There is no export licensing for produc ts of animal origin or plant origin. 
 
Internal control for food products : 
 
State control for food products and/or other objects of sanitary measures shall be implemented 
solely by competent authority. The competent auth ority is entitled to delegate powers on state 
control implementation in cases prescribed by Law.  State control shall be carried out without prior notice to market operator during working hours of a 
facility. Exceptions hereof are the cases when a prior notice is a key factor to ensure control 
efficiency, notably in regard to planning of a st ate audit on ongoing procedures that are based on 
principles of hazard analysis and critical control points. State audit on ongoing procedures that are 
based on principles of hazard analysis and critical control points shall be carried out upon 
notification of market operator in writing no later than 3 business days prior to implementation of such an activity. 
State control shall be carried out with the use of state control acts. 
 Frequency of state control conduct shall be defined on a risk-based approach that includes, in particular: 
 
1) defined risks related to objects of sanitary measures or facilities, as well as production and/or processing techniques; 
2) results of previous state control; 
3) results of procedures applied by market op erator to ensure compliance with legislative 
requirements on safety and specific quality parameters of food products. 
 
The Competent authority shall develop and organi ze the implementation of state control plan. 
Implementation of long-term national plan for stat e control is carried out by preparation, approval 
and implementation of annual plans for state control, implementation progress assessment thereof 
and planning of measures to address identified problems. WT/TPR/M/334/Add.1 
 
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  Traceability 
 According to Article 1 of the Law of Ukraine 'On th e basic principles and requirements to the food 
safety and food quality' traceability is a possibility of identifying the market operator, time, place, 
subject and other terms of supplies (sales or transfer ), sufficient for establishing the origin of the 
food, animals deemed for the production of the f ood, materials contacting with the food or the 
substances deemed for the inclusion or it is expected that they will be included into the food 
products at all the stages of production, proce ssing and circulation. The scope of traceability 
system shall be defined by the specifics of bu sinesses, nature of processes being conducted. 
 Article 20 of the said Law foresees an obligation of the market operators to secure the traceability 
and provide the information that is foreseen in Article 22 of this Law, specifically, as follows: 
 
1. Market operators should be able in principle to establish other market operators which 
supply them the food and other objects which are subject to sanitary measures following 
the principle "one step back" in the supply chain. 2. Market operators shall be able in principle to establish other market operators where 
they supply the food and other objects which are subject to sanitary measures following 
the principle "one step forward" in the supply chain. 3. Requirements to the market operators regarding securing the traceability do not make 
it binding to find the link (the so-called internal traceability) among the SPS-effected 
objects involved during the production and th e SPS-effected objects which were received 
as a result of such a production. 4. To secure the performance of the requiremen ts of Parts one and two of Article 22 of 
the Law the market operators shall apply th e system and the procedures which secure 
access to such information for the competent body upon request. The information shall be preserved during six months after the expiry of the final date of selling the food be placed 
on the label. 
 
b) How are the animals identification and registration held? How the provisions of para. 
318 of the Working party report on the Ukrainian accession to the WTO relate to 
animals identification and registration requ irements in the EU? How the animal health 
status is registered? 
 
Answer : The legislation basis of Ukraine regarding th e identification and registration of animals 
shall comprise of the follows:  
 Law of Ukraine "On the identification and registration of animals"; 
 Law of Ukraine "On the veterinary medicine"; 
 Code of Ukraine on the administrative violations  
 And other normative and legal acts: 
 Resolution of the Ministry of Agrarian Po licy and Industry of Ukraine of 25.09.2012 # 578 
'On the approval of the Regulation on the Unifie d state registry of animals' registered in the 
Ministry of Justice of Ukraine on 10.10. 2012, # 1713/22025; 
 Resolution of the Ministry of Agrarian Po licy and Industry of Ukraine of 17.09.2003 # 342 
'On implementing the identification and registrati on of the horned livestock' registered in the 
Ministry of Justice of Ukraine on 09.10.2003, # 909/8230; 
 Resolution of the Ministry of Agrarian Po licy and Industry of Ukraine of 31.12.2004 # 496 
'On the implementation of identification and regi stration of horses' registered in the Ministry 
of Justice of Ukraine on 06.04.2005, # 362/10642;  
 Resolution of the Ministry of Agrarian Po licy and Industry of Ukraine of 31.12.2004 # 497 
'On the implementation of identification and regist ration of pigs' registered in the Ministry of 
Justice of Ukraine on 26.01.2005, # 103/10383;  
 Resolution of the Ministry of Agrarian Po licy and Industry of Ukraine of 31.12.2004 # 498 
'On the implementation of identification and re gistration of sheep and goats' registered in 
the Ministry of Justice of Ukraine on 26.01.2005, # 102/10382. 
 
Resolution of the Ministry of Agrarian Polic y and Industry of Ukraine of 02.12.2003 # 426 'On 
approval of the Regulation on ordering, storage, recording of cattle tags and passports of horned 
livstock' registered in the Ministry of Justic e of Ukraine on December 19, 2003, # 1185/8506.  
Ukraine is of the view that the above-referred normative acts are consistent with Ukraine's WTO 
rights and obligations, including those contained in its Protocol of Accession.  WT/TPR/M/334/Add.1 
 
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  c) Could you please provide information on the territory of Ukraine zoning? Do you 
accept the EU regionalization on all animal diseases? 
 Answer : Zoning practices in Ukraine are mainly based on OIE recommendations which are 
effective in preventing and eliminating animal diseases. Ukraine adopts, as necessary, other 
internationally recognized disease prevention prac tices -which may include those practiced in the 
EU.  
 
3.107. The use of officially registered pesticides and their application procedures are controlled by the Ministry of Ecology and Natural Resources (MENRU) using the norms established by the Ministry of Health. The MENRU publishes a catalogu e, once a year, of pesticides and agricultural 
chemicals allowed for use in Ukraine (brand name, group, owner, country of origin, active 
ingredients, and duration of registration). The importation of pesticides is no longer subject to activity licensing. 
 
Question: Could you please clarify the procedures to set out risk assessment for MRLs? Does Ukraine also 
use the EU MRLs indicators? If the EU MRLs will differ from existing international standards, will 
Ukraine harmonize them with EU or international standards?    Answer : Ukrainian SPS laws require adherence to Codex Alimentarius, Office of International 
Epizootics (OIE), International Plant Protection Convention standards as well as EU standards. 
Where EU standards differ from international standards, the priority will be for international standards.  
MRLs are provided for in Order of Ministry of He alth of 13 May 2013 No. 368 on approval of the 
state sanitary rules and norms in "Regulation of maximum levels for certain contaminants in foodstuffs".  
In assessing risk for MRLs, Ukraine fo llows Article 5 of the SPS Agreement. 
 4.1 Agriculture  4.1.1 Main features 
 
4.2. Ukraine's exports of agricultural products  increased from US$10.9 billion in 2008 to US$16.8 
billion in 2014, while imports remained at around US$5-6 billion each year (Tables A4.1 and A4.2). 
The large agricultural trade surplus was driven primarily by exports of grains and oilseeds, owing 
also to several record harvests in recent years.  Sunflower seed oil, followed by maize and wheat 
were the leading agricultural export commoditi es in 2014 (Chart 4.2). Ukraine ranks among the 
world's top exporters of coarse grains (mainly maize and barley); wheat (mainly feed wheat); and 
oilseeds, oil of oilseeds, and oilcakes. In the lives tock sector, poultry meat production and exports 
have grown strongly. Cheese exports have declined sharply (Table A4.1).  
4.4. The farm structure in 2013 was composed of 40,752 family farms with an average size of 109 
ha; 14,878 agricultural enterprises with average agricultural land holdings of 1,163 ha; and about 5 million households, with an average size of 1.2 ha and producing primarily for own consumption. 
In addition, there are currently about 270 state- owned enterprises (a fraction of which are 
operational) covering a range of activities in the ag ricultural sector – from market intervention as a 
regulatory agency, to production, storage, proces sing, marketing, input supply, and international 
trade. Major agricultural SOEs include the Agrarian Fund, and the State Food and Grain 
Corporation of Ukraine.  Question: 
Please, specify, which state owned enterprises are responsible for exports of agricultural products? 
What is the share  of goods, exported by the STEs? What are the steps planned to restrict the 
activities of the STEs in Ukraine in accordance with Nairobi Ministerial Conference decision 
(WT/MIN(15)/45)? 
 Answer : There are two state enterprises engaged in exports of agricultural products: 
 
 the State export operator is PJSC 'State production grain corporation of Ukraine'. Its 
share in the exports of grains from Ukraine in 2014/15 approximated 7%.. PJSC 
"State production grain corporation of Ukraine" does not have any monopoly or any 
exclusive rights in the foreign economic activities; WT/TPR/M/334/Add.1 
 
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   the state enterprise 'Ukrspirt' is authoriz ed to conduct the exports of ethyl (UKTZED 
code 2207) and wholesales trade of ethyl and fruit ethyl (UKTZED code 2207) as per the Resolution of the Cabinet of Ministers of Ukraine of July 28, 2010, # 672 "On the 
creation of the state enterprise of ethyl and liqueur and vodka industry". 
 
As regards to the State enterprise 'Ukrspirt' Ukraine notifies on the activity of this state enterprise 
the WTO Secretariat since the Agreement on Interpretation of Article XVII GATT 1994 shall 
regulate its activities.  
Since accession to the WTO, Ukraine has taken steps to reduce state trading.  4.1.2 Market access 
4.5. Tariffs are the main instrument of border protection. The MFN tariff regime is complemented 
by a WTO tariff quota for raw cane sugar (Section 3.2.4 and 4.1.6) and preferential tariff quotas 
implemented within the framework of Ukraine's FT As with the EU and FYROM (Section 3.2.4). MFN 
tariffs on agricultural products (WTO definition) averaged 9.6% in 2015, with a range from zero to 
50% (Section 3.2.2). The highest rates, on aver age, were applied on sugars and confectionary 
(15.8%) with tariff peaks of 50%. As part of its accession commitments, Ukraine has undertaken 
not to take recourse to the special agricultural safeguard (SSG).4 However, agricultural imports 
were subject to an import surcharge of 10%, comp ared to 5% on other products, to address the 
balance-of-payments situation (Section 3.2.2).  
Question: 
Does Ukraine plan to cancel the special taxation for agricultural imports? When that is planned to cancel them? Which is the reason to maintain the highest tariff rates for confectionary? 
 
Answer : Ukraine cancelled an additional imports duty including the imports duty for the 
agriculture products as of January 1, 2016, and adopted the Law of Ukraine of December 24, 
2015, # 912 "On the measures on stimulation of foreign economic activiites" that recognizes void 
the Law of Ukraine "On the measures on stabilization of the payment balance of Ukraine as per Article XII of the General Agreeement on Tariffs and Trade of 1994". Having joined the WTO Ukraine has maximum liberalized access to its market of the agriculture 
products including the confectionery market whic h fostered strengthening the competitability of 
the confectionary industry.  
 
4.1.3 Domestic support 
 4.9. In 2005, the Agrarian Fund was established as a specialized government agency subordinate 
to the Ministry of Agrarian Policy and Food, to carry out market interventions for commodities 
subject to price regulation and stabilize producer prices over the marketing year. According to the 
regulatory framework, purchases and sales by the Agrarian Fund may be executed at spot or forward prices on the Agrarian Exchange10 and are subject to minimum and maximum 
intervention prices (with a 5% margin). The provisions with respect to the Agrarian Exchange in 
the Law "on state support of Ukraine's agricultur al sectors" were cancelled in 2015 (Law No. 191-
VIII of 12 February 2015). The Agrarian Fund has also been involved in regulating the prices, as 
well as wholesale and retail margins, of a number of basic food items (e.g. wheat bread, meat, 
butter, sunflower oil, sugar, and baby food). In 2014, the Agrarian Fund processed 440,000 tonnes of grains into flour, 314,000 tonnes of which was delivered to bakeries at regulated prices to 
control food price inflation (see also Section 4.1.6). In 2013, the Agrarian Fund was corporatized 
as a state-owned enterprise (PJSC Agrarian Fund ). However, the specialized government agency 
(Agrarian Fund) and the PJSC Agrarian Fund currently exist in parallel, apparently for legal reasons which prohibit the transfer of assets to a corporation. 
 
4.10. The State Reserve Agency under the Mini stry of Economic Development and Trade is 
responsible for maintaining emergency stocks and operates independently from the Agrarian Fund. 
 4.11. Ukraine has notified its expenditure on public  stockholding for food security purposes in the 
Green Box. Outlays for food reserve stocks (including seeds) increased from Hrv 109 million in 
2009 to Hrv 237.5 million in 2011.  WT/TPR/M/334/Add.1 
 
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  Question: 
Please specify if the companies, that have not acqu ired the grains in the Agrarian Fund are eligible 
to export the grain abroad? Does the Agrarian Fund have any additional monopoly or exclusive rights in the foreign trade activities? 
 
Answer : The companies that have not acquired the grains in the Agrarian Fund are eligible to 
export the grain abroad. The Agrarian Fund has no monopoly or exclusive rights in the foreign 
trade activities. 
 4.14. The Government also provided subsidies for the purchase of domestically-manufactured 
agricultural machinery and equipment. The reimbu rsements covered up to 30% of the machinery 
costs and were notified as non-product-specific support (UAH 10 million in 2011, down from Hrv 
30 million in 2010). The programme is no longer  funded, according to the authorities. The 
Government has in the past supported investments in agricultural machinery and equipment 
through a leasing scheme (Ukragroleasing). There was no funding in 2015 for the agricultural 
leasing programme, according to the authorities.  
Question: 
Please specify the reasons  for the termination of support for domestically produced complex 
agricultural machinery and equipment.   
Answer : As indicated in the above excerpt of the Report of the WTO Secretariat, the support has 
ended because no funds have been allocated.  
 WT/TPR/M/334/Add.1 
 
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  THE RUSSIAN FEDERATION (FOLLOW-UP QUESTION) 
QUESTION REGARDING THE SECRETARIAT REPORT (WT/TPR/S/334) 
 Paragraph 4.69. p.101 of the Secretariat Report: 
 
Pipeline transport is regulated by the NEURC. All activities related to design, construction, repair and operation of the pipeline transport facilities, transportation of natural gas, and transportation 
of oil and oil products via mains and distribution  pipelines require a licence issued by the NEURC 
(activity licensing). Natural gas transportation via trunk pipelines is conducted on terms established by NEURC's standard contract. Tariffs for natural gas transportation and connection to the transportation and distribution systems are based on a prescribed methodology by NEURC and 
are subject to its approval. Activity licensing has b een cancelled for exports of oil products, refining 
of crude oil, and sale of oil products.  
Paragraph 4.70. p. 102 of the Secretariat Report: 
 Ukraine has made "full" commitments under th e GATS on pipeline transport, covering the 
transportation of fuels and transportation of othe r goods. In addition, Ukraine has undertaken: "to 
provide full transparency in the formulation, adop tion and application of measures affecting access 
to and trade in services of pipeline transportation. Ukraine undertakes to ensure adherence to the principles of non-discriminatory treatment in access to and use of pipeline networks under its 
jurisdiction, within the technical capacities of these networks, with regard to the origin, destination 
or ownership of product transported, without im posing any unjustified delays, restrictions or 
charges, as well as without discriminatory pricing based on the differences in origin, destination or 
ownership." 
 Paragraph 4.73. p. 102 of the Secretariat Report: 
 
On 9 April 2015, the Ukrainian Parliament adopted the Law No. 2250 of 26 February 2015 "on Natural Gas Market", which was developed by th e Ministry of Energy and Coal Industry in 
collaboration with the Energy Community based on  the Third Energy Package of the EU. The Law 
establishes conditions for the functional unbundling of Naftogaz into separate production, 
transmission, storage and supply companies. It provides for non-discriminatory third-party access to the gas transport system on contractual basis and establishes the right of customers to freely 
choose their gas suppliers. One of the law's objectives is to end non-cost reflective pricing and 
cross-subsidization, while providing a framework to protect vulnerable customers. The Natural Gas Market Law entered into force on 1 October 2015 and replaces the Law "on Principles of Natural 
Gas Market Operation".  
 Question:   
Under the GATS specific commitments (Additional commitments section) Ukraine undertook inter 
alia to ensure adherence to the principles of nondiscriminatory treatment in access to and use of pipeline networks under its jurisdiction without impo sing any unjustified restrictions or charges, as 
well as without discriminatory pricing based on the differences in origin, destination or ownership.  
 Taking into account this obligation could Ukraine, please, confirm that following the adoption of the 
Law  № 329-VIII "On the Natural Gas Market" of 9 April 2015 and the Regulation № 2517 of 30 
September 2015 of the National Energy and Utilit ies Regulatory Commission (NEURC) of Ukraine 
(as well as other related regulation) the tariffs for natural gas transportation services via interconnectors set for entry and exit points (including transit of gas) are not discriminatory in 
comparison to internal tariffs? 
 Answer : When adopting Law № 329-VIII "On the Natural Gas Market", Ukraine took into account 
its WTO rights and obligations and considers that it is consistent with them. In particular, Ukraine 
is of the view that the tariffs for natural gas transportation services via interconnectors set for entry and exit points (including transit of gas) are not discriminatory in comparison to internal 
tariffs. WT/TPR/M/334/Add.1 
 
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  THAILAND 
QUESTION REGARDING THE REPORT BY THE GOVERNMENT 
2.  MACROECONOMIC AND TRADE POLICY REGIMES 
Page 8 (paragraph 2.26)  
Question 1  With the development of industrial parks in Ukraine, are there any specific industries 
being regarded as the targeted sectors in these parks?  
Answer: The Law No. 5018-VI 'On industrial parks' as  of June 21, 2012 permits the establishment 
of industrial parks for undertaking economic activities in the sphere of manufacturing as well as 
research activities, activities in the field of information and telecommunications. 
 
Question 2 Are these industrial parks divided by zoning?   
Answer: The current legislation does not provide mandatory zoning of industrial parks. But, 
generally, concepts of industrial parks, provided by the initiators of creation for inclusion in the Register of industrial parks, contain information ab out zoning of industrial parks according to types 
of economic activity, taking into account their compatibility, sanitary and environmental factors 
and the principle of minimizing the final waste products. 
3. TRADE RELATED REFORMS 
Page 11 (paragraph 3.13)  
Question 3  Please clarify how the amendment of the Law "On Foreign Economic Activity" is 
consistent with the WTO rules, since the amended Law would allow the Ukrainian government to 
take countermeasures against any country which Ukraine considers as an aggressor or causing harm to the economy?   
Answer: The Law of Ukraine No. 898-VIII "On amendments to the Law of Ukraine "On foreign 
economic activity" on 23 December 2015 empowered the Government of Ukraine to take adequate 
measures of economic nature to the aggressor stat e. This Law authorized the Cabinet of Ministers 
of Ukraine to introduce a range of trade restrictions (including quotas, full or partial ban, safeguard 
measures, licensing of foreign economic operations, termination of trade preferences) with regard to the aggressor state.  
Page 11 (paragraph 3.20 – 3.21)  
Question 4  In order to achieve the goal of restoring the role of Ukraine as a transport hub, in 
particular, on the route from Europe to Asia through the new "Silk Road" to China, has the 
Ukrainian Government established any arrangement with countries along this route with a view to 
removing cross border transport barriers?   
Answer: Ukraine does not have any cross border transport barriers that would hinder the 
movement of goods in transit. 
Law No. 1172-XIV "On cargo transit" as of Octo ber 20, 1999 provides for the freedom of transit 
through the Ukrainian territory.  
 
Page 13 (paragraph 3.42)  
Question 5  As the Ukrainian Government is aiming to privatize many state - owned enterprises 
(SOEs ) with a view to achieving more transparency and efficiency but still lacking of domestic 
resources to properly manage SOEs reform, what actions does the Ukrainian Government intend to 
take to achieve this aim, in particular, with respect to the incentives to attract foreign investors to participate in SOEs' privatization?  WT/TPR/M/334/Add.1 
 
- 116 - 
 
  Answer: The Verkhovna Rada of Ukraine adopted La w No. 1005-VIII as of February 16, 2016 
improves the provisions of the Law of Ukraine "On State Property Privatization" in terms of transparency and openness of the privatization proc ess. In addition, the new law provides for the 
opportunity to address the privatization disputes in accordance with the Rules of the Arbitration 
Institute of the Stockholm Chamber of Commerce. 
Foreign investors are allowed to participate in Ukraine's privatization process under the same conditions as those for Ukrainian investors. However, foreign investors from states which are 
considered to be aggressors are not allowed to take part in privatization process. WT/TPR/M/334/Add.1 
 
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  THAILAND 
Additional questions 
QUESTION REGARDING THE REPORT BY THE SECRETARIAT 
 
3.  TRADE POLICIES AND PRACTICES BY MEASURE 
 
Page 63 (paragraph 3.83) 
 Question 1  At present, which agency under the Minist ry of Economic Development and Trade has 
the main responsibility with regard to the es tablishment and implementation of standards, 
technical rules and regulations, and conformity assessment? 
 
Answer: In standardization field, the Law of Ukraine "On Standardization" (in new edition) provides for establishment and functioning of a single and independent National Standardization Body. 
Through Decree of the Cabinet of Ministers of Ukraine as of November 26, 2014 No. 1163-p "On 
Determination of the State Enterprise which Performs the Functions of the National Standardization Body", the State Enterprise "Ukrainian Scientific, Research and Training Center on 
Standardization, Certification and Quality Problems" became the National Standardization Body 
(hereinafter referred to as "the NSB"). This Decree also establishes the functions of the NSB. On the web-site of the NSB the catalogue of national standards adopted in Ukraine is available (link: http://shop.ukrndnc.org.ua/ ).  
 
In the field of technical regulation functions of the authorized central executive body were 
entrusted directly to the Ministry of Econom ic Development and Trade of Ukraine (Technical 
Regulation Department) according to the line of  Orders of the President of Ukraine (as of 9 
December, 2010 № 1085/2010, as of 6 April, 2011 № 370/2011 and as of 31 May, 2011 № 
634/2011) within the framework of the administrative  reform in Ukraine. According to the Statute 
on the Ministry of Economic Development and Trad e of Ukraine enacted by the Resolution of the 
Cabinet of Ministers of Ukraine as of 20 August, 2014 № 459 (with amendments made by the 
Resolution of the Cabinet of Mi nisters of Ukraine as of 13.01.2016 № 4) the Ministry of Economic 
Development and Trade of Ukraine, in particular provide for formation and realization of the state 
policy in the field of technical regulation, standardization, metrology and metrological activity. 
 In the accreditation field, the National Accreditation Agency of Ukraine (hereinafter referred to as 
"the NAAU") operates under the Law of Ukrain e "On accreditation of conformity assessment 
bodies" and the Regulations on the National Accred itation Agency of Ukraine (hereinafter referred 
to as "the Regulations") approved by the Orde r of the Ministry of Economic Development and 
Trade of Ukraine of 29.05.2012 № 646 (as revised by the Order of the Ministry of Economic 
Development and Trade of Ukraine of 05.11.2013 № 1305). According to provisions of paragraph 
1 of the Regulations the NAAU is a state organization established by the Ministry of Economic Development and Trade of Ukraine, belongs to its jurisdiction, ensures the state policy in the field 
of economic development and carries out non-profit  activity. According to provisions of paragraph 
3 of the Regulations the Ministry of Economic De velopment and Trade of Ukraine has no right to 
interfere in the NAAU activity in the field of accr editation. The link on the web-site of the NAAU is 
following: http://naau.org.ua/?lang=en . 
 Additional information on technical regulation system in Ukraine is contained in Annex to this 
document.  
 Page 64 (paragraph 3.86) 
 
Question 2  Ukraine indicated that the current compulsory product certification regime is to be 
fully abolished by 2018 and is being replaced by conformity assessment. As Decree No. 46-93 "On 
Standardization and Certification" covers laws 468/97-BP "On State Regulation of Imports of 
A g r i c u l t u r a l  P r o d u c t s "  o f  1 7  J u l y  1 9 9 7 ,  d o e s  t h i s  m e a n  t h i s  c h a n g e  w i l l  a l s o  b e  m a d e  t o  t h e  
regulation of imports of agricultural products? And how will this be implemented?  
Answer: According to the Law of Ukraine of 15 January 2015 № 124-VIII "On Technical 
Regulations and Conformity Assessment" (hereinaft er referred to as "the Law") the Decree of the WT/TPR/M/334/Add.1 
 
- 118 - 
 
  Cabinet of Ministers of Ukraine of 10.05.1993 № 46-93 "On Standardization and Certification" will 
be terminated on 1 January 2018.  So, the List of products subject to mandatory certification (hereinafter referred to as "the List"), approved pursuant to the aforementioned Decree  by the Order of the State Committee of Ukraine 
for Technical Regulation and Consumer Policy of 1 February 2005 № 28, will be canceled after 
01.01.2018. It should be noted, that Ukraine, while fulfilling its obligations on meeting provisions of the WTO 
Agreements, systematically reduces the List by the way of moving from mandatory certification to 
its conformity assessment with technical regulations requirements. The List is reduced resulting from implementation of technical regulations on particular kinds of products.  Within the framework of these commitments for the period from 2005 to 2015 the List was 
reduced by 86,4% by excluding from it products covered by technical regulations, as well as 
products with low risk. At present, the List includes tobacco goods (the Paragraph 12 of the List), but according to 
mentioned above, mandatory certification of tobacco goods will be abolished starting from 
01.01.2018. As the Law establishes uniform legal and organizational principles of development, adoption and 
application of technical regulations and conformity assessment procedures, implementation of 
conformity assessment according to European requ irements and provisions of the WTO Agreement 
on Technical Barriers to Trade, its implementation  will be provided by development of secondary 
regulatory acts.  
 
Page 65 (paragraph 3.94) 
 
Question 3  As the Cabinet of Ministers' Resolution that established the national Codex 
Alimentarius Commission in 1998 was cancelled, and only the national Codex Contact Point 
remains, please clarify how work on standards are carried out in accordance with the Codex. 
Please also clearly indicate the status and details regarding the new agency to be established in 
place of the national Codex Alimentarius Commission.  Answer: Due to administrative reforms, the National Codex Alimentarius Commission was 
liquidated. A national Codex Contact Point has been designated (Kolesnyk Serhii, Secretary of The 
National Codex Alimentarius Commission of Ukraine (NCACU), Codex Contact Point in Ukraine, L.I. 
Medved's Research center of preventive toxicology, food and chemical safety of Ministry of Health. 
Tel:+380445269553; fax: +380445269643; e-mail: ccp.ukraine@codex.co.ua, 
skolesnick@gmail.com; web: http://www.codex.co.ua; link: http://www.fao.org/fao-who-codexalimentarius/members-observers/members/detail/en/c/15710/). 
The objectives of the Ukrainian contact person on cooperation with the Codex Alimentarius are 
following: coordination of the work concerning the Codex Alimentarius at the national level; dissemination of draft Codex Alimentarius standards or amendments to them to interested central executive bodies, market operators or specialized NGOs for obtaining of proposals and 
recommendations to improve or upgrade standards. 
At present, in accordance with Regulation No. 667 "On State Food Safety and Consumer Protection Service of Ukraine" the State Food Safety and Co nsumer Protection Service of Ukraine performs 
functions relating to food safety standards development and risk assessment. 
 Page 66 (paragraph 3.95) 
 Question 4  Please provide details regarding reforms of the SPS regime, and the timeframe for 
which the new State Service for Food Safety and Consumer Safety will be established with the aim 
to consolidate SPS-related responsibilities spread over several agencies. Please also indicate the 
scope of work and responsibilities for the new Stat e Service for Food Safety and Consumer Safety. 
 Answer: The new State Service for Food Safety an d Consumer Protection (hereinafter – the SPSA) 
became operational pursuant to the Decree of th e Cabinet of Ministers of Ukraine No. 260 "Issues 
of the State Service for Food Safety and Consumer Protection" adopted as of 6 April 2016. The purpose of the ongoing reform is to reduce the competent authorities in the SPS area to a 
single one - the SPSA, with competence on a wide range of areas (see para. 3.96 of the WTO 
Secretariat Report).  The Resolution of the Cabinet of Mini sters of Ukraine of 2 September 2015 № 667 approves the 
Statute on the SPSA, which defines its competence in the field of veterinary medicine; food safety; 
plant protection; identification and registration of  animals; sanitary legislation; prevention and WT/TPR/M/334/Add.1 
 
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  reduction of tobacco use and its adverse effects on human health; supervision of fulfillment of 
legislative provisions on consumer protection and advertising. Objectives and goals of the competent authority in the field of food and feed safety remain 
unchanged. State control over food products and/or other objects of Sanitary and Phytosanitary 
Measures (SPS) is provided exclusively by the competent authority - the SPSA.  
The main functions of the SPSA are following: - implementation of state policy in the field of veterinary medicine, food safety, plant protection, 
identification and registration of animals, sanitary  legislation, prevention and reduction of tobacco 
use and its adverse effects on human health; me trological and market surveillance (within the 
scope of its responsibility), seed and seedling, state control of fulfillment of legislative provisions on consumer protection and advertising; 
- providing of state surveillance (control) over fulfillment of sanitary legislation, animal health and 
welfare, food safety and some quality indicators of food products and so on; - control over phytosanitary measures implementation; 
- market surveillance within the scope of its responsibilities; 
- metrological surveillance; - control within the scope of its responsibilities over environmental factors of human life which may 
have adverse effects on human health. 
 Page 67 (paragraph 3.98) 
 
Question 5  With the reform of the food safety regime aiming to align Ukrainian food safety 
legislation with international standards and the EU, please provide information on how Ukraine 
plans to carry out the reform in the following 6 months to 1 year period. 
 
Answer: Currently Ukraine is taking measures to gradually approximate its SPS legislation to the relevant EU's.  
By the Decree of the Cabinet of Ministers of  Ukraine of 24 February 2016 No. 228 Ukrainian 
Government adopted the Comprehensive Strategy for the Implementation of Chapter 4 (Sanitary 
and Phytosanitary Measures), Title IV Trade and Trade-related Matters of the Association 
Agreement between the European Union and the European Atomic Energy Community and their 
Member States, on the one part, and Ukraine, on th e other part. This Strategy provides for the list 
of SPS measures to be performed and a schedule for this process. The timeframe ranges from 2016 to 2021. This normative document is availa ble at the web-portal of the Government of 
Ukraine (http://zakon5.rada.gov.ua/laws/show/228-2016-%D1%80 ). 
 Page 68 (paragraph 3.103) 
 Question 6  It is stated that Ukraine has the intention to reorganize and the State Veterinary and 
Phytosanitary Service of the Ministry of Agrarian Policy and Food and establish a new institution, 
which in this connection Ukraine will develop its own form of the international certificate for the 
importation of meat and meat products. Please indicate how this will be done in accordance with 
the international practices, and if possible please  provide an example of the certificate in English 
which Ukraine and its trade partners has mutually agreed to use for the importation and 
exportation of meat and meat products , as current certificates that can be found on websites are 
in Ukrainian language.  
Answer: The reorganization of the State Veterina ry and Phytosanitary Service of Ukraine and the 
establishment of the SPSA will not affect the issuing of international veterinary certificates. According to the OIE requirements an international veterinary certificate is an official document drawn up by the exporting country in accordance with the terms of Chapter 5.1 and Chapter 5.2 of 
the Terrestrial Code, describing the animal health  requirements and, where appropriate, public 
health requirements for the exported commodity.  Article 1 of the Law of Ukraine № 1602-VII "On Amendments to Several Laws with respect to Food 
Safety" defines "international certificate" as a document, the form and content of which meet the 
guidelines of the relevant international organizations, issued by the competent authority of the country of origin, certifying animal health an d/or suitability of food for consumption.  
Templates of approved international certificates are placed on the web-site of the State Veterinary 
and Phytosanitary Service of Ukraine http://www.vet.gov.ua/node/68.  If establishment of new international certificates forms is required proper adjustment on a bilateral basis between countries will be made. 
 WT/TPR/M/334/Add.1 
 
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ANNEX 
 
Unofficial translation  
 Information on technical regulation system in Ukraine (as of May, 2016)   
Regulatory and legal framework in the field of technical regulation in Ukraine consists of:  
Decree Law of the Cabinet of Ministers of Ukraine as of 10 May, 1993 № 46-93 "On 
Standardization and Certification"; 
 
Laws of Ukraine: 
"On Standardization"; 
"Om Metrology and Metrological Activity"; 
"On Technical Regulations and Conformity Assessment"; 
"On Accreditation of Conformity Assessment Bodies". Decrees of the Cabinet of Ministers of Ukraine:  
– of 27.01.2016 № 96 "On approving of the Procedure of issuance or refusal of issuance of 
decision on designation, its renewal and issuance of  its duplicate, expansion or reduction of area of 
designation, suspension and renovation of decision  on designation and abolishment of this decision 
and ceasing invalid some Decrees" (is to be agreed  with the State Regulatory Service of Ukraine 
by the decision of the Cabinet of Ministers of Ukraine); 
– of 27.01.2016 № 95 "On approving the conformity assessment modules and rules for their usage 
with a purpose of developing conformity assessment procedures"; 
– of 27.01.2016 № 57 "On approving the Procedure of issuance, refusal of issuance, renewal and 
issuance of duplicate of decision on designation of certification body in the State Certification System, expansion of area of designation and cancellation of the decision on designation"; 
– of 13.01.2016 № 56 "On approving special requirements for designated conformity assessment 
bodies" – of 30.12.2015 № 1184 "On approving the form and descrip tion of the mark of conformity with 
technical regulations, rules and conditions for its application"; 
– of 16.12.2015 № 1170 "On approving the Procedure of monitoring of compliance with the 
requirements to national accreditation body of Ukraine and amendments to item 3 of the 
Regulations of the Ministry of Economic Development and Trade of Ukraine"; 
– of 16.12.2015 № 1057 "On determining areas, in which central executive bodies carry out 
functions of technical regulation"; of 18.06.2012 № 708 "On Approval of the Rules on Drafting Technical Regulations Developed on 
the Basis of the European Union Legislative Acts , Which are to be Approved by the Cabinet of 
Ministers of Ukraine"; of 11.04.2002 № 485 "On Approval of Rules on Determinat ion of Value on Conformity Assessment 
Works in Legislative Regulated Field". 
 
Order of the Cabinet of Ministers of Ukraine as of 26 November, 2014 № 1163-p "On 
Determination of the State Enterprise which Performs the Functions of the National 
Standardization Body".  
Functions of the authorized central executive bo dy in the field of technical regulation were 
entrusted to the Ministry of Economic Developm ent and Trade of Ukraine (Technical Regulation 
Department) according to the line of Orders of th e President of Ukraine (as of 9 December 2010, 
№ 1085/2010, as of 6 April, 2011 № 370/2011 and as of 31 May, 2011 № 634/2011) within the 
framework of the administrative reform in Ukraine. According to the Statute on the Ministry of Ec onomic Development and Trade of Ukraine enacted 
by the Decree of the Cabinet of Mini sters of Ukraine as of 20 August, 2014 № 459 (with 
amendments made by the Decree of the Cabine t of Ministers of Ukraine as of 13.01.2016 № 4) the 
Ministry of Economic Development and Trade of Ukraine, in particular provide for formation and 
realization of the state policy in the field of technical regulation, standardization, metrology and 
metrological activity. The Ministry of Economic Development and Trad e of Ukraine performs the following functions 
according to entrusted tasks in the field of technical regulation, standardization, metrology and 
metrological activity: WT/TPR/M/334/Add.1 
 
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  – provides for legal regulation in the field of standardization; 
– approves the work program on national standardization; – takes actions for adaptation of Ukrainian legislation in the field of standardization with the EU legislation; 
– summarizes the practice of application of legislation in the field of standardization, develops 
proposals for its improvement and submits for consideration draft legislative acts, acts of the President of Ukraine and of the Cabinet of Mini sters of Ukraine due to the established order; 
– approves national standards (amendments to them) developed by national standardization body; 
– approves national classifications, changes to  them and procedures of their development; 
– monitors how national standardization body  keeps to the procedures in the field of 
standardization in accordance with the principles, standards and requirements established by law; 
– takes reasonable actions for adoption of and adherence to the Code of Good Practice for 
Preparation, Adoption and Application of Standard s by standardization entities according to the 
WTO Agreement on Technical Barriers to Trade, annexed to the Marrakesh Agreement establishing 
the World Trade Organization of 15April, 1994; 
– approves the Statute of the national st andardization body and changes thereto; 
– informs and provides for clarification on the impl ementation of the state policy in the field of 
standardization; 
– within the authority provided by law, cooperates  in the field of standardization with relevant 
authorities of other states; – defines priority directions of development in the field of standardization; 
– establishes a national standardization body; 
– approves the Regulations on the presidency coun cil of the national standardization body and its 
staff; 
– approves the Regulations on the appeals co mmission, its composition and the procedure for 
appeals' consideration; – provides organizational, informational and technical support of activity of the appeals 
commission established according to Article 14 of the Law of Ukraine "On Standardization"; 
– approves the methodology of determining complexity and cost of works on national standardization; – examines annual report on activity of the national standardization body; 
– establishes the national accreditation body; 
– appoints and retires the head of the national accreditation body; – carries out monitoring of national accreditation body to ensure the fulfillment of the 
requirements established in Article 61 of the La w of Ukraine "On accreditation of conformity 
assessment bodies"; – takes appropriate corrective actions or provides for taking such actions by national accreditation 
body in cases where the said authority does not comply with or does not fulfill obligations 
established by the Law of Ukraine "On accred itation of conformity assessment bodies"; 
– defines priority directions of development of technical regulations in Ukraine; – provides for legal regulation in the field of technical regulation; 
– coordinates activities on development and re view of technical regulations and conformity 
assessment procedures; – according to the law approves plan of development of technical regulations for one or more 
calendar years; 
– approves the draft technical regulations and co nformity assessment procedures developed by the 
relevant central executive bodies; 
– provides for methodological support on development and review of technical regulations and 
conformity assessment procedures; – defines the procedure for formation and maintenance of a database of technical regulations and register of designated bodies and recognized independent organizations; 
– creates and maintains a database of technical re gulations and register of designated conformity 
assessment bodies and recognized independent organizations; – approves the list of national standards, co mpliance with which provides the presumption of 
compliance of conformity assessment bodies with special requirements to designated conformity 
assessment bodies, and places it on its official website; – carries out functions (defined by the Law) of  the body, which appoints conformity assessment 
bodies (including recognized independent organizations), limits the scope of their designation, 
suspends or resumes the effect of decisions on appointment or terminates such decisions; – approves the Regulations on the appeals commission for consideration of appeals against decisions of designated conformity assessment bodies, its composition and appeals consideration 
order; WT/TPR/M/334/Add.1 
 
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  – according to the Law carries out functions of technical regulation in the area defined by 
legislation; – prepares proposals for signing international agreements of Ukraine on mutual recognition of conformity assessment and other issues of technical regulation; 
– carries out international cooperation in the field of technical regulations with relevant authorities 
of other states; – defines principles, structure and rules of state certification system; 
– approves the List of products subject to mandatory certification and determines terms of its 
implementation; – sets requirements for designated certification bodies in the state certification system; – establishes rules for recognition of conformity certificates of other states in the state certification 
system; 
– designates certification bodies in the state cert ification system and assigns them identification 
numbers, refuses to designate certification bodies, expands the scope of designation and cancels 
designation; 
– considers the controversial issues on certification in the state certification system; – carries out state supervision over fulfillment by certification bodies of rules and order of 
certification in the state certification system through scheduled and unscheduled inspections; 
– keeps the Register of the state certification system; – organizes information support on certification in the state certification system; – establishes requirements for content of information about decisions on issuing, refusals to issue, 
revokes, suspends the validity of conformity certific ates or certificates of recognition of conformity 
adopted by certification bodies, which ( information ) is submitted for inclusion to the Register of 
the state certification system; 
– establishes the order of keeping the Regi ster of the state certification system; 
– establishes the order for certification bodies to assign conformity certificates and certificates of recognition of conformity issued by them with registration numbers; 
– establishes the form of application submitted by organization claiming the designation by 
certification body in the state certification system; – provides for state administration of uniformity of measurements in Ukraine; – provides for legal regulation in the field of metrology and metrological activity; 
– organizes basic researches in the field of metrology; 
– provides for functioning of national standards base and prepares proposals for its improvement; 
– develops or participates in development of state scientific and technical programmes for 
ensuring uniformity of measurements; 
– develops state scientific and technical progra mmes for establishment and improvement of state 
standards; 
– coordinates activities on ensuring the functi oning and development of metrology system in 
Ukraine; – provides for status of national standards to standards; – registers national standards; 
– defines scientific keepers of national standards; 
– provides for authorization for verification of legally regulated measuring instruments in use; – monitors the compliance of authorized scientific metrological centers, metrological centers and 
verification laboratories with the Law of Ukraine "On Metrology and Metrological Activity" and 
makes decisions on cancellation of certificate on authorization, if they do not fulfill the obligations stipulated by the Law of Ukraine "On Metrology and Metrological Activity"; 
– approves the Regulations on scientific metrological centers; 
– sets definitions of basic units of the Internatio nal System of Units (SI), names and definitions of 
the derived SI units, decimal multiples and partial of the SI units, allowed off-system units as well as their indications and rules of application of units and rules of spelling names and indications of 
measuring units and symbols of values; 
– establishes the order for storage and application of national standards and monitors compliance with rules and conditions of their storage and use; 
– approves typical Regulations on metrological serv ices of the central executive bodies, other state 
bodies, administration bodies of enterprise associations, enterprises, institutions and organizations performing works in the field of legally regulated metrology; 
– establishes the order for keeping the Register of approved types of measuring instruments; 
– sets verification intervals for legally regulated measuring instruments by categories; – establishes the order for verification of legally regulated measuring instruments in use and registration of its results, as well as norms of time allowance required for verification of such 
instruments; WT/TPR/M/334/Add.1 
 
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  – sets the criteria to be met by authorized scientific metrological centers, metrological centers and 
verification laboratories; – establishes the order for certification of auditors on metrology; – keeps the State Register of scientific metrological  centers, metrological centers and verification 
laboratories authorized to carry out verification of measuring instruments in use; 
– places on its official website links to documents containing technical specifications adopted by the International Organization of Legal Metrology (regulatory documents of the International 
Organization of Legal Metrology) and lists of part s of these regulatory documents, compliance with 
which provides presumption of conformity of measuring instruments with the essential requirements of technical regulations concerning measuring instruments, which are covered with such parts of regulatory documents; 
– represents interests of Ukraine in relevant international organizations for standardization, 
metrology, concludes international agreements of Ukraine on cooperation in the field of technical regulation, standardization, metrology and metrological activity with relevant authorized foreign 
organizations and relevant governmental and inte rgovernmental bodies of other states according 
to the Law of Ukraine "On International Treaties of Ukraine".  
Signing of the Ukraine – EU Association Agreemen t defined the basic challenges in the field of 
technical regulation which are the following: harmonization of national legislation (basic and sectoral) with the EU legislation and implementation of its provisions; making relevant administrative and institutional reforms according to the Agreement on Conformity Assessment 
and Acceptance of Industrial Products and establishment of effective and transparent 
administrative system in the field of technical regulation what will create favourable conditions for export development.  
A number of measures were carried out with a view to aligning national legislation in the field of 
technical regulation with requirements of the EU legislation.   
In the field of standardization  
 
It was adopted the Law of Ukraine as of 05.06.2014 № 1315-VII "On Standardization" (new 
edition), which envisages provisions on establishment of a single National Standardization Body 
that is not a state power body; cancellation of obligations on application of standards and other 
regulatory documents in the field of standardization; withdrawal of specifications registration; withdrawal of agency-level agreem ents of draft national standards and cancellation of normative 
regulation of relations connected with development of standards and specifications of enterprises, 
institutions and organizations. The Law has entered into force on 3 January, 2015.  Implementation of the Law will allow ensuring of: 
Improvement of legal and organizational basis for national standardization; 
Creation of new national standardization system, that meets modern requirements and trends, and 
will provide a uniform state policy in this area aimed at regulatory support of important public objectives; 
Bringing national standardization system in line with the European model; 
Creation of organizational forms of activity in th e field of standardization that will correspond with 
international and European practice; 
Compliance with fundamental principles of standardization. 
In pursuance of the Law of Ukraine as of 05.06.2014 № 1315-VII "On Standardization" it was 
adopted the Decree of the Cabinet of Mini sters of Ukraine as of November 26, 2014 № 1163-p "On 
Determination of the State Enterprise which Performs the Functions of the National 
Standardization Body" which defines that State En terprise "Ukrainian Scientific, Research and 
Training Center on Standardization, Certification and Quality Problems" (the "UkrNDNC") will perform functions of the National Standardization Body (hereinafter referred to as "the NSB").  
According to this Law of Ukraine the NSB has in particular such powers:  
1) organization and coordination regarding development, adoption, examination, revision, cancellation and revalidation of national standards, codes of best practice and changes to them; 
2) adoption, cancellation and revalidation of national standards, codes of best practice and 
changes to them; 3) taking measures for harmonization of national standards and codes of best practice with 
relevant international, regional standards and codes of best practice; 
4) development of national standards and amendm ents to them in coordination with central 
executive body that implements state policy in the field of standardization regarding: procedures of development, adoption, examination, revision, cancellation and revalidation of 
national standards, codes of best practice and changes to them; WT/TPR/M/334/Add.1 
 
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  criteria, forms and procedures for consideration of proposals regarding works on national 
standardization; procedures of establishment, operation and termination of activity of standardization technical committees ; 
5) ensuring compliance of national standards and codes of best practice with legislation; 
6) ensuring adaptation of national standards and codes of best practice to modern scientific and 
technical achievements; 
7) preparation and approval of programme for national standardization works;  
8) making decisions on establishment and termination of activity of standardization technical committees, determination of scope of its activity; 9) coordination of activity of standardization technical committees; 
10) participation in preparation of international,  regional standards and codes of best practice 
developed by relevant international and regional organizations for standardization, which member 
is the National Standardization Body or with which it cooperates in accordance with provisions of 
such organizations or respective agreements, as well as ensuring consideration of interests of 
Ukraine during the proceedings of this activity; 11) ensuring and promoting cooperation in the field of standardization between manufacturers, 
suppliers, consumers of products and relevant authorities; 
12) encouraging of small and medium entrepreneurship to participate in development of national standards and codes of best practice, ensuring access of these entities to the texts of such 
documents. 
According to the Article 27 of the Law of Ukrain e "On Standardization" the NSB represents the 
interests of Ukraine in international and regional organizations for standardization, takes decisions concerning joining them, signs agreements on cooperation and performance of works in the field of 
standardization with the National Standardization Bodies of other countries, takes steps to fulfill 
the obligations flowing from participation in international and regional organizations for standardization. 
In autumn 2015 the "UkrNDNC" has received a conf irmation of membership in the International 
Organization for Standardization (ISO) and the International Electrotechnical Commission (IEC), what will promote implementation of achiev ements in technical progress and technology 
development, make an opportunity to agree national  technical policy in the field of standardization 
with technical policies, which is carried out by trade partners of Ukraine.  
Today the "UkrNDNC" as the NSB carries out work on renewal of membership agreements with European Committee for Standardization (CEN) and European Committee for Electrotechnical 
Standardization (CENELEC). 
Besides, to date Ukrainian NSB processes issues on signing bilateral agreements in the field of standardization between the "UkrNDNC" and nation al standardization bodies of other countries, 
which is trade partners of Ukraine. 
Currently it is carried out work on revising basic standards with consideration of new Law of Ukraine "On Standardization". Furthermore, harmonization of national standards with international and European ones, especially 
those voluntary application of which is a proof of products compliance to requirements of technical 
regulations that are similar to the relevant Directiv es of New and Global Approaches, is provided in 
Ukraine on a permanent basis. 
Today the Fund National Standards Fund consists of 15 133 documents, including 11 300 national 
standards harmonized with International and European ones. In 2015, Ukrainian National Standardization Body adopted 3996 national normative documents 
(standards and amendments to standards), 2970 of which were harmonized with International and 
European ones. As of today interstate standards (GOST) developed before 1992 are cancelled, in particular orders on cancellation of 15 773 GOSTs (in particular DSTU GOST, which are identical to GOSTs issued 
before 1992) were issued in 2015. 
Ukraine is represented in the following International and European organizations for standardization: 
International Organization for Standard ization (ISO), full member since 1993; 
International Electrotechnical Commission (IEC), full member since 1993; European Committee for Standardization (CEN), corresponding member since 1997, in 2005 
Ukraine received a status of Partner Standardization Body (PSB), affiliate member since 2008; 
European Committee for Electrotechnical Standardization (CENELEC), affiliate member since 2001. 
 WT/TPR/M/334/Add.1 
 
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  In the field of metrology 
 
It was adopted the Law of Ukraine as of 05.06.2014 № 1314-VII "On Metrology and Metrological 
Activity, which envisages harmonization of legal acts with documents of the International 
Organization of Legal Metrology (OIML), EU legal acts on metrology and documents of the 
European Cooperation in Legal Metrology (WELMEC). The Law also provides for establishment of a separate central executive body, which implements  a state policy in the field of metrological 
surveillance. The Law entered into force on 1 January, 2016.  
Implementation of the Law will allow ensuring of: Creation of modern metrological system of Ukraine and its integration to global and European economic area; 
Creation of conditions for domestic production of measuring instruments and their access to the 
world market by improving competitiveness; Reducing the number of permits in the area of metrology; 
Protection of citizens of Ukraine and the national economy from unreliable measurement results 
that are used during: works on ensuring protection of life and health of citizens; quality and safety 
control of food and drugs; environmental control; control of safety working conditions; trade and 
business transactions and settlements between buyer (consumer) and seller; calculation of taxes 
and duties, tax and customs control; works related to the definition of buildings, structures and building territory parameters. According to the Law Ukrainian metrological system creates necessary framework for ensuring the 
uniformity of measurements in the countr y, the main objectives of which are: 
1) implementation of common technical policy in the field of metrology and metrological activity; 2) protection of citizens and national economy from the consequences of inaccurate measurement 
results; 
3) implementation of basic and applied research es and scientific developments in the field of 
metrology and metrological activity; 
4) saving of all types of energy and material resources; 
5) ensuring quality and competitiveness of domestic products; 6) creation of legal, regulatory, scientific and technical and institutional framework for ensuring 
traceability of measurements in the country. 
Metrological system of Ukraine includes: 
– national metrological service; – legal and regulatory framework, including legislation, technical regulations and other legal acts 
regulating relations in the field of metrology and metrological activity; 
– national standard framework and transmission system of sizes of measurement units; – system of voluntary accreditation of calibration laboratories as well as a system of accreditation 
of testing laboratories, conformity assessment bodies in cases determined by this and other laws 
of Ukraine; – educational institutions, scientific and research institutions and organizations spreading knowledge and experience in the field of metrology and metrological activity. 
Activities related to ensuring the functioning an d development of metrology system of Ukraine are 
coordinated by the Ministry of Economic Development and Trade of Ukraine. The national metrological service includes: 
1) Central executive body, which provides for state policy in the field of metrology and 
metrological activity (Ministry of Economic Development and Trade of Ukraine); 2) Central executive body, which implements the state policy in the field of metrology and 
metrological activity (Ministry of Economic Development and Trade of Ukraine); 
3) Central executive body, which implements the state policy in the field of metrological control (State Service on Food Products Safety and Consumers Protection); 4) Scientific metrological centers; 
5) State enterprises, which are under jurisdiction of the Ministry of Economic Development and 
Trade of Ukraine and conduct metrological activities; 6) State Service of Universal Time and Standard Frequencies, State Service of Standard Samples 
of Composition and Characteristics of Substances and Materials, State Service of Standard 
References on Physical Constants and Char acteristics of Substances and Materials; 
7) Metrological services of central executive bodies, other governmental bodies, enterprises and 
organizations; 
8) Conformity assessment bodies for measuring instruments and calibration laboratories. Implementation of the Law provides for developm ent of 38 secondary regulatory acts (among 
them – 32 acts developed by the Ministry of Econ omic Development and Trade of Ukraine, namely: WT/TPR/M/334/Add.1 
 
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  19 Decrees of the Cabinet of Ministers of Ukrain e and 13 Orders of the Ministry of Economic 
Development and Trade of Ukraine). The following acts have already been adopted: 22 Decrees of the Cabinet of Ministers of Ukraine,  18 of them are developed by the Ministry of 
Economic Development and Trade of Ukraine , namely: 
– of 25.02.2015 № 75 "On recognizing as invalid Decrees of the Cabinet of Ministers of Ukraine of 
1 April, 1999 № 528 and of 15 January, 2005 № 32" ( special aspects of metrological activity in the 
field of scientific researches and developments );  
– of 27.05.2015 № 330 "On determining scientific metrological centers"; 
– of 04.06.2015 № 372 "On recognizing as invalid some decrees of the Cabinet of Ministers of 
Ukraine" (concerning the abolition of Decree of the Cabinet of Ministers of Ukraine of 17.08.1998 
№ 1300 "On approval of Procedure of importation of  measuring instruments into the territory of 
Ukraine"); – of 04.06.2015 № 374 "On approving the List of categories of legally regulated measuring 
instruments subject to periodic verification"; 
– of 17.06.2015 № 398 "On approving the Procedure and criteria for provision a status of national 
standards to standards"; 
– of 08.07.2015 № 474 "On approving the Procedure for submission of measuring instruments for 
periodic calibration, supply and maintenance support"; – of 19.08.2015 № 607 "On approving the Technical Regulation on bottles used as measuring 
tanks"; 
– of 02.09.2015 № 663 "On approving the Statute of the State Service of Standard Samples of 
Composition and Characteristics of Substances and Materials"; – of 02.09.2015 № 664 "Issues regarding the State Service of Universal Time and Standard 
Frequencies"; 
– of 02.09.2015 № 667 "On approving the Statute of the State Service on Food Products Safety 
and Consumers Protection" ( metrological control ); 
– of 07.10.2015 № 807 "On amendments to the Procedure and criteria for provision a status of 
national standards to standards"; – of 28.10.2015 № 865 "On approving the Procedure of paym ent for works and services related to 
conformity assessment of legally regulated measuring instruments with requirements of technical 
regulations, verification of these instruments, which are in operation, and determining the value of 
such works and services"; – of 16.12.2015 № 1058 "On approving of criteria for assessi ng the risk of economic activities in 
the field of metrology and metrological activity and determining the periodicity of planned 
measures on metrological control of legally regulated measuring instruments that are in operation and number of packaged goods in packages, which ar e held by the State Service on Food Products 
Safety and Consumers Protection"; 
– of 16.12.2015 № 1062 "On approving the Technical Regulations on non-automatic weighing 
instruments"; – of 16.12.2015 № 1110 "On approving of the Procedure of monitoring compliance with rules and 
conditions of storage and application of national standards"; 
– of 16.12.2015 № 1113 "On approving of the Statute of th e State Service of Standard References 
on Physical Constants and Characteristics of Substances and Materials"; 
– of 16.12.2015 № 1193 "On approving the Technical Regulations on certain goods packed in 
finished package by weight and volume"; – of 16.12.2015 № 1195 "On approving the Procedure of es tablishing inter-verification intervals 
for legally regulated measuring instruments by categories"; 
– of 23.12.2015 № 1152 "On special aspects of metrological activity in the field of defense"; 
– of 13.01.2016 № 94 "On approving the Technical Regulations on legally regulated measuring 
instruments". 
– of 24.01.2016 № 117 "On approving the Procedure of issuing or denying issuing, renewal, 
issuing a duplicate, cancellation of certificate on authorization to carry out calibration of measuring instruments in use and which are used in the field of legally regulated metrology, and installation 
of fees for issuing certificate on authorization, its renewal and issuing of duplicate"; 
– of 24.01.2016 №
 163 "On approving the Technical Regulations on measuring instruments"; 
7 orders of the Ministry of Economic Development and Trade of Ukraine with state registration in 
the Ministry of Justice of Ukraine , namely: 
– of 04.08.2015 № 914 "On approving definitions of the basic SI units, names and definitions of 
the derived SI units, decimal multiples and partial of the SI units, allowed off-system units as well as their signs and Rules of measuring units application and spelling of names and designations of WT/TPR/M/334/Add.1 
 
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  measuring units and symbols of values" registered in the Ministry of Justice of Ukraine on 
25.08.2015 № 1022/27467; 
– of 15.09.2015 № 1144 "On approving the Procedure of storage and application of national 
standards" registered in the Minist ry of Justice of Ukraine on 30.09.2015 № 1159/27604; 
– of 21.09.2015 № 1164 "On approving the Procedure of maintaining the State Register of 
scientific metrological centers, metrological centers and calibration laboratories authorized to carry out verification of legally regulated measuring instruments that are in operation" registered in the 
Ministry of Justice of Ukraine on 06.10.2015 № 1203/27648; 
– of 23.09.2015 № 1192 "On approving the criteria to be met by scientific metrological centers, 
public enterprises, which are under jurisdiction of the Ministry of Economic Development and Trade of Ukraine and carry out metrological activity, and calibration laboratories authorized to carry out 
verification of legally regulated measuring instruments that are in operation" registered in the 
Ministry of Justice of Ukraine on 07.10.2015 № 1213/27658; 
– of 21.12.2015 № 1719 "On approving the Rules of time required for verification of legally 
regulated measuring instruments that are in operation" registered in the Ministry of Justice of 
Ukraine on 14.01.2016 № 51/28181; 
– of 23.12.2015 № 1747 "On approving the Modal provisions on metrological services of the 
central executive bodies, other state bodies, bodies of enterprise associations, enterprises, 
institutions and organizations, which perform work in the field of legally regulated metrology, ceasing to be invalid some orders of the State Committee of Ukraine for technical regulation and 
consumer policy" registered in the Mini stry of Justice of Ukraine on 16.01.2016 № 79/28209; 
– of 08.02.2016 № 193 "On approving the Order of verifi cation of legally regulated measuring 
instruments that are in operation and presentation of its results" registered in the Ministry of 
Justice of Ukraine on 24.02.2016 № 278/28408. 
The other draft acts of the Cabinet of Ministers of  Ukraine and orders of the Ministry of Economic 
Development and Trade of Ukraine, which are necessa ry for implementation of the Law, are in the 
various stages of approval. 
As of today, 69 state and 71 secondary standards of measurement units are included to the 
Register of State, Primary and Secondary Stan dards of Measurement Units and 234 CMC-lines are 
included to database of the International Bureau of Weights and Measures (BIPM). Ukraine is represented in the following International and European organizations for metrology: 
General Conference on Weights and Measures ( СGPM), associate member since 2002; 
Euro-Asian Cooperation of National Metrological  Institutions (COOMET), full member since 1992; 
European Association of National Metrology Institutes (EUR АMET), status of partner organization 
since 1998; 
International Organization of Legal Metrol ogy (OIML), corresponding member since 1997. 
 
In the field of technical regulations and conformity assessment  
 
The Law of Ukraine of 15.01.2015 № 124-VIII "On Technical Regulations and Conformity 
Assessment", which establishes uniform legal and organizational principles of development, 
adoption and application of technical regula tions and conformity assessment procedures, 
implementation of conformity assessment accordin g to European requirements and provisions of 
the WTO Agreement on Technical Barriers to Trade and determines the end date of cancellation of 
compulsory product certification (since 2018) according to the Decree of the Cabinet of Ministers 
of Ukraine of 10.05.1993 № 46-93 "On Standardization and Certification", was adopted The Law 
entered into force on 10 February, 2016. 
Implementation of the Law provides for developmen t of 31 secondary regulatory acts: 17 Decrees 
of the Cabinet of Ministers of Ukraine (among them – 15 acts developed by the Ministry of 
Economic Development and Trade of Ukraine and 2 developed by other central executive bodies) 
and 14 Orders of the Ministry of Econom ic Development and Trade of Ukraine).  
The following acts have already been adopted: 
11 Decrees of the Cabinet of Ministers of Ukraine , namely: 
– of 17.07.2015 № 519 "On amendments to item 3 of the Procedure of funds provided by the 
state budget for implementation of measures for consumers protection, standardization, 
metrology, certification, conformity assessment and quality management"; – of 04.11.2015 № 898 "On amendments to the Decree of the Cabinet of Ministers of Ukraine of 
18.06.2012 № 708"; 
– of 16.12.2015 № 1057 "On determining areas, in which central executive bodies carry out 
functions of technical regulation"; – of 16.12.2015 № 1170 "On approving the Procedure of monitoring of compliance with the 
requirements to national accreditation body of Ukraine"; WT/TPR/M/334/Add.1 
 
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  – of 30.12.2015 № 1184 "On approving the form and descrip tion of the mark of conformity with 
technical regulations, rules and conditions for its application"; – of 13.01.2016 № 4 "On amendments to the Regulations of the Ministry of Economic 
Development and Trade of Ukraine"; 
– of 13.01.2016 № 56 "On approving special requirements for designated conformity assessment 
bodies"; – of 27.01.2016 № 57 "On approving the Procedure of issuance, refusal of issuance, renewal and 
issuance of duplicate of decision on designation of certification body in the State Certification 
System, expansion of area of designation and cancellation of the decision on designation"; – of 27.01.2016 № 95 "On approving the conformity assessment modules and rules for their usage 
with a purpose of developing conformity assessment procedures"; 
– of 27.01.2016 № 96 "On approving of the Procedure of i ssuing or denying issuing decisions on 
designation, its renewal and issuing its duplicate, expansion or reduction of area of designation, suspension and renovation of decision on designat ion and abolishment of this decision and ceasing 
invalid some Decrees"; 
– of 02.03.2016 № 142 "On amendments to the Decree of the Cabinet of Ministers of Ukraine of 
21.05.2012 № 436"; 
5 orders of the Ministry of Economic Development and Trade of Ukraine with state registration in 
the Ministry of Justice of Ukraine , namely: 
– of 17.09.2015 № 1151 "On approving the application form for designation of certification body in 
the State Certification System" registered in the Ministry of Justice of Ukraine on 02.10.2015 № 
1179/27624; 
– of 08.10.2015 № 1282 "On approving the Procedure of formation and maintenance of technical 
regulations databases" registered in the Ministry of Justice of Ukraine on 27.10.2015 № 
1309/27754; 
– of 17.11.2015 № 1454 "On approving the Regulations on the Appeal Commission for 
consideration of appeals against decisions of designated bodies and recognized independent 
organizations and the Procedure of consideration of a ppeals" registered in the Ministry of Justice of 
Ukraine on 04.12.2015 № 1512/27957 and № 1513/27958); 
– of 10.02.2016 № 224 "On approving the Procedure of formation and maintenance of the Register 
of designated conformity assessment bodies an d recognized independent organizations and the 
Procedure of formation and maintenance of da tabases derived from designated conformity 
assessment bodies by the body that appoints" (reg istered in the Ministry of Justice on 25.02.2016 
№295/28425 and 296/28426); 
– of 25.02.2016 № 308 "On approving the List of national standards, compliance with which 
provides presumption of conformity of conformi ty assessment bodies and recognized independent 
organizations with special requirements to th e designated conformity assessment bodies and 
recognized independent organizations". 
The other draft acts of the Cabinet of Ministers of  Ukraine and orders of the Ministry of Economic 
Development and Trade of Ukraine, which are nece ssary for implementation of the Law, are in 
various stages of approval. 
According to the Decree of the Cabine t of Ministers of Ukraine of 10.05.93 № 46-93 "On 
Standardization and Certification" product certification in Ukraine is divided into mandatory and voluntary.  
Products, for which legislative or normative documents set obligatory requirements regarding 
safety for life and health of consumers as well as for their property and environment is subject to mandatory certification . Mandatory certification is performed exceptionally in the State 
Certification System  and includes inspection and testing of products for identifying its 
characteristics and further technical surveillance for product certification. Voluntary certification  of conformity with requirements of normative documents agreed with 
supplier and consumer is performed at the in itiative of manufacturer, seller, consumer, 
governmental bodies, public organizations on th e basis of an agreement between applicant and 
certification body for defining conformity of products with requirements, which are not considered as obligatory. 
Product certification is performed in order stated in national standards and rules developed on 
their basis, which is mainly similar for different types of products. Certification of imported products is performed according to the same procedures that for national ones. 
 
Organizational basis of the State Certification System in Ukraine consists of 12 state standards: 
DSTU 3410-96. State Certification System. Main Provisions; DSTU 3411-2004. State Certification System. Requirements to Products Certification Bodies and its 
Designation Procedure and Empowering for Activity in the System; WT/TPR/M/334/Add.1 
 
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  DSTU 3412-96. State Certification System. Requirements to Testing Laboratories; 
DSTU 3413-96. State Certification System. Order of Performing Products Certification; DSTU 3414-96. State Certification System. Attest ation of Production. Order of Performing; 
DSTU 3415-96. State Certification System. System Register; 
DSTU 3417-96. State Certification System. Procedur e of Recognition of Certification Results of 
Imported Products; DSTU 3418-96. State Certification System. Requ irements to Auditors and Order of Their 
Attestation; 
DSTU 3419-96. State Certification System. Quality Systems Certification. Order of Performance; 
DSTU 3420-96. State Certification System. Requirements to Quality Systems Certification Bodies and Order of Their Accreditation; 
DSTU 3498-96. State Certification System. Document Sheets. Form and Description; 
DSTU 3957-2000. State Certification System. Order of Inspection of Production During Performance of Products Certification. 
Product certification in the State Certification System is performed according to the Rules for 
certification of homogeneous products. Today this List consists of 5 documents, namely: Order of the State Committee of Ukraine for Standardization, Metrology and Certification of 13 
September, 1996 № 378 "On approving the Rules for mandatory certification of tobacco goods" 
registered in the Ministry of Justice of Ukraine on 03.10.1996 № 569/1594; 
2. Order of the State Committee of Ukraine for Standardization, Metrology and Certification of 16.01.1997 № 19 "On approving the Rules for mandatory certification of oil and oil products" 
registered in the Ministry of Justice of Ukraine on 26.02.1997 № 52/1856. 
3. Order of the State Committee of Ukraine for Standardization, Metrology and Certification of 11.04.1997 № 192 "On approving the Rules for mandatory certification of building materials, 
products and structures" registered in the Mi nistry of Justice of Ukraine on 18.06.1997 № 
222/2026. 4. Order of the State Committee of Ukraine for Standardization, Metrology and Certification of 
10.04.1997 № 191 "On approving the Rules for mandatory certification of technical security and 
fire alarm systems" registered in the Mi nistry of Justice of Ukraine on 08.08.1997 № 298/2102. 
5. Order of the State Committee of Ukraine for Standardization, Metrology and Certification of 27.06.1997 № 374 "On approving the Rules for mandatory ce rtification of products for fire-fighting 
use" registered in the Ministry of Justice of Ukraine on 16.09.1997 № 407/2211. 
140 certification bodies are designated for carrying out certification in the State Certification System. This number of certification bodies fully meets the needs of local businesses in 
certification of any product mix. 
State Certification System provides for a variety of  schemes of certification. At the request of the 
applicant certification of products can be made by the following schemes: 
1. Certification of sepa rate line of products; 
2. Certification of serial production with insp ection, attestation of production, certification 
(assessment) of quality management systems. Ukraine, while fulfilling its obligations on meeting provisions of the WTO Agreements, 
systematically reduces the List of products subject to mandatory certification (hereinafter referred 
to as "the List") by the way of moving from mandatory certification to its conformity assessment with technical regulations requirements. The List is reduced resulting from implementation of 
technical regulations on particular kinds of products. 
Within the framework of these commitments for the period from 2005 to 2015 the List was 
reduced by 86,4% by excluding from it products covered by technical regulations, as well as 
products with low risk. 
According to the Law of Ukraine "On Technica l Regulations and Conformity Assessment" the 
Decree of the Cabinet of Ministers of Ukraine of 10.05.1993 № 46-93 "On Standardization and 
Certification" will be terminated on 01.01.2018. 
The List is approved pursuant to the provisions of  the Decree, so 100 % of the List positions will be 
canceled after 01.01.2018. Ukraine also has joined to the international certification systems of the International 
Electrotechnical Commission (IEC), namely: 
System for Conformity Testing and Certification of Electrotechnical Equipment and Components (IECEE) under the CB scheme; 
Quality Assessment System for Electronic Components (IECQ).  The adoption of the Law of Ukraine "On Techni cal Regulations and Conformity Assessment" in 
particular creates a legal basis for adaptation of a "vertical (sectoral) legislation" as defined by part 
two of Annex III to the EU – Ukraine Association Ag reement, as according to Articles 56 and 57 of WT/TPR/M/334/Add.1 
 
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  Chapter 3 "Technical Barriers to Trade" of the EU  – Ukraine Association Agreement Ukrainian side 
should take the necessary steps to sign the Agreement on Conformity Assessment and Acceptance of Industrial Products (hereinafter re ferred to as "the ACAA Agreement"). 
Ukraine's accession to the ACAA Agreement will en able products covered by this Agreement to be 
placed on the EU internal market without additional testing and conformity assessment 
procedures. Among 27 sectors identified in Annex III, 24 technical regulations were adopted in Ukraine on the 
basis of relevant EU legislative acts, 22 of them are mandatory for use. It remains to develop 
another 3 technical regulations in relevant sectors (on explosives for civil use, packaging and packaging waste, high-speed railways). At the same time due to changes in European  legislation, under which a number of the EU 
Directives was revised and laid down in new edition, the revision of adopted technical regulations 
is carried out with a view to their maximum aligning to new versions of the EU Directives. Today separate technical regulations are aligned with the EU legislative acts (electromagnetic 
compatibility of equipment, low-voltage electrical  equipment, machinery safety, safety of toys, 
medical devices, medical devices for in vitro diagnostic; active implantable medical devices, energy labeling). 
Currently work on preparation for signing of the ACAA Agreement in four determined sectors of 
Ukrainian industry (low-voltage equipment, electromagnetic compatibility, machinery, simple pressure vessels), which have been prioritized wi th the participation of central executive bodies 
and other interested organizations, are being continued. 
As for today the work on aligning technical regulations in three sectors of industrial products to 
European legislation are completed. As a result the following technical regulations were adopted: – Technical regulations on machinery safety, approved by the Government's Decree on 30.01.2013 
№ 62; 
– Technical regulations on low-voltage electrical equipment, approved by the Government's Decree 
on 16.12.2015 № 1067; 
– Technical regulations on electromagnetic co mpatibility of equipment, approved by the 
Government's Decree on 16.12.2015 № 1077. 
However, in view of adoption of new version of  the Directive on simple pressure vessels (of 26 
February 2014 № 2014/29/EC) by the European Parliament and the Council, the work on aligning 
Technical regulations on safety of simple pressure vessels approved by the Government's Decree 
on 25.03.2009 № 268 to the European legislation is being completed. 
For the purposes of the ACAA Agreement 12 conf ormity assessment bodies accredited by the 
National Accreditation Agency of Ukraine (NAAU ) were designated, 4 of them are of private 
ownership. Issue regarding the expansion of the ACAA Agreemen t on the next priority sectors of industrial 
products in accordance with Annex III to the Association Agreement is being considered currently. 
It will allow increasing the competitiveness of do mestic products and expanding export capacity of 
Ukraine. In the first half year of 2016 the European side is to start examination of Ukrainian technical 
regulations, standardization, metrology, accreditation, market surveillance and conformity 
assessment systems for compliance with the requirements to technical regulation system laid down in relevant EU Directives, Regulations and Decisions. 
There are 49 technical regulations adopted in Ukra ine in general, 47 of them are developed on the 
basis of the EU legislative acts, including Directiv es of New and Global Approaches, 41 of them are 
mandatory for use. 
 
Technical regulations developed on the ba sis of the European legislative acts 
 
1. Decree of the Cabinet of Mini sters of Ukraine of 07.10.2003 № 1585 "On approving 
Technical regulations on conformity assessment modules". 
2. Order of the State Committee of Ukraine for Te chnical Regulation and Consumer Policy of 
24.12.2004 № 289 "On approving Technical regulations on conformity assessment of 
packing (packing materials) and packing waste". 
3. Decree of the Cabinet of Mini sters of Ukraine of 10.12.2006 № 1764 "On approving 
Technical regulations on building materials, buildings and structures". 
4. Decree of the Cabinet of Mini sters of Ukraine of 05.09.2007 № 1103 "On approving 
Technical regulations on marine equipment". 
5. Decree of the Cabinet of Mini sters of Ukraine of 05.12.2007 
№ 1382 "On approving 
Technical regulations on sealed sources of ionizing radiation". WT/TPR/M/334/Add.1 
 
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  6. Decree of the Cabinet of Ministers of Ukraine of 20.08.2008 № 717 "On approving Technical 
regulations on detergents". 
7. Decree of the Cabinet of Ministers of Ukraine of 27.08.2008 № 748 "On approving Technical 
regulations on hot water boilers fired with liquid and gaseous fuels". 
8. Decree of the Cabinet of Ministers of Ukraine of 27.08.2008 № 761 "On approving Technical 
regulations on personal protective equipment". 
9. Decree of the Cabinet of Ministers of Ukraine of 03.09.2008 № 787 "On approving Technical 
regulations on maximum energy consumption for refrigeration equipment". 
10. Decree of the Cabinet of Ministers of Ukraine of 24.09.2008 № 856 "On approving 
Technical regulations on appliances burning gaseous fuels". 
11. Decree of the Cabinet of Ministers of Ukraine of 08.10.2008 № 898 "On approving 
Technical regulations on equipment and defense systems for use in potential explosive 
atmosphere". 
12. Decree of the Cabinet of Ministers of Ukraine of 05.11.2008 № 967 "On approving 
Technical regulations concerning transportable pressure equipment". 
13. Decree of the Cabinet of Ministers of Ukraine of 03.12.2008 № 1057 "On approving 
Technical regulations concerning restriction of use of some dangerous substance in electric 
and electronic equipment". 
14. Decree of the Cabinet of Ministers of Ukraine of 27.12.2008 № 1144 "On approving 
Technical regulations concerning labeling of energy efficiency of lamps for household purpose". 
15. Decree of the Cabinet of Ministers of Ukraine of 14.01.2009 № 13 "On approving Technical 
regulations concerning names of textile fabrics and textile products marking". 
16. Decree of the Cabinet of Ministers of Ukraine of 11.03.2009 № 190 "On approving 
Technical regulations on no automatic weighing instruments". 
17. Decree of the Cabinet of Ministers of Ukraine of 25.03.2009 № 268 "On approving 
Technical regulations on safety of simple pressure vessels". 
18. Decree of the Cabinet of Ministers of Ukraine of 08.04.2009 № 332 "On approving 
Technical regulations on essential requirements for measuring instruments". 
19. Decree of the Cabinet of Ministers of Ukraine of 22.04.2009 № 465 "On approving 
Technical regulations on lifts".  
20. Decree of the Cabinet of Ministers of Ukraine of 24.06.09 № 679 "On approving Technical 
regulations on radio and telecommunications terminal equipment". 
21. Decree of t he Cabinet of Mi nisters of Ukraine of 29.07.2009 № 785 "On approving 
Technical regulations on electromagnetic compatibility". 
22. Decree of the Cabinet of Ministers of Ukraine of 14.10.2010 № 1076 "On approving 
Technical regulations on cableway installations for carriage of passengers". 
23. Decree of the Cabinet of Ministers of Ukraine of 29.10.2009 № 1149 "On approving 
Technical regulations on low-voltage electrical equipment". 
24. Decree of the Cabinet of Ministers of Ukraine of 25.11.2009 № 1262 "On approving 
Technical regulations on safety marks and protection of workers` health". 
25. Decree of the Cabinet of Ministers of Ukraine of 01.03.2010 № 193 "On approving 
Technical regulations of delivery of services related to passenger and loads transportation 
by railway". 
26. Order of the State Committee of Ukraine for Technical Regulation and Consumer Policy of 
28.10.2010 № 487 "On approving Technical regulations on rules for food products 
labelling". 
27. Decree of the Cabinet of Ministers of Ukraine of 19.01.2011 № 35 "On approving Technical 
regulations on safety of pressure equipment".  
28. Decree of the Cabinet of Ministers of Ukraine of 18.05.2011 № 529 "On approving 
Technical regulations on ecological labeling". 
29. Decree of the Cabinet of Ministers of Ukraine of 09.06.2011 № 632 "On approving 
Technical regulations on energy labeling of material that are used for production of basic components of shoes promoted for sail". 
30. Decree of the Cabinet of Ministers of Ukraine of 03.08.2011 № 839 "On approving 
Technical regulations on pyrotechnic articles". 
31. Decree of the Cabinet of Ministers of Ukraine of 09.11.2011 № 1147 "On approving 
Technical regulations on recreational crafts". 
32. Decree of the Cabinet of Ministers of Ukraine of 28.12.2011 № 1367 "On approving 
Technical regulations on type approval of agricultural and forest tractors, trailers and changeable trailer machines, systems, components and separate technical units". WT/TPR/M/334/Add.1 
 
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  33. Decree of the Cabinet of Ministers of Ukraine of 28.12.2011 № 1368 "On approving 
Technical regulations relating to components and characteristics of wheeled agricultural tractors". 
34. Decree of the Cabinet of Ministers of Ukraine of 30.01.2013 № 62 "On approving Technical 
regulations on machinery safety". 
35. Decree of the Cabinet of Ministers of Ukraine of 11.07.2013 № 494 "On approving 
Technical regulations on the safety of railway transport infrastructure". 
36. Decree of the Cabinet of Ministers of Ukraine of 11.07.2013 № 515 "On approving 
Technical regulations on safety of toys". 
37. Decree of the Cabinet of Ministers of Ukraine of 01.08.2013 № 927 "On approving 
Technical regulations on requirements to mo tor petrol, diesel, marine and boiler fuel". 
38. Decree of the Cabinet of Ministers of Ukraine of 07.08.2013 № 702 "On approving 
Technical regulations on energy labelling" (Technical regulation on energy labelling of energy consuming products). 
39. Decree of the Cabinet of Ministers of Ukraine of 07.08.2013 № 702 "On approving 
Technical regulations on energy labelling" (Technical regulation on energetic marking of household electrical refrigerators). 
40. Decree of the Cabinet of Ministers of Ukraine of 07.08.2013 № 702 "On approving 
Technical regulations on energy labelling" (Technical regulation on energetic marking of household washing machines). 
41. Decree of the Cabinet of Ministers of Ukraine of 02.10.2013 № 753 "On approving 
Technical regulations on medical devices". 
42. Decree of the Cabinet of Ministers of Ukraine of 02.10.2013 № 754 "On approving 
Technical regulations on medical devices for laboratory in vitro diagnostic".  
43. Decree of the Cabinet of Ministers of Ukraine of 02.10.2013 № 755 "On approving 
Technical regulations on active implantable medical devices". 
44. Decree of the Cabinet of Ministers of Ukraine of 17.07.2015 № 514 "On approving 
Technical regulations on energy labellin g of household dishwashing machines". 
45. Decree of the Cabinet of Ministers of Ukraine of 19.08.2015 № 607 "On approving 
Technical regulations on bottles used as measuring tanks".  
46. Decree of the Cabinet of Ministers of Ukraine of 16.12.2015 № 1193 "On approving the 
Technical Regulations on certain goods packed in finished package by weight and volume"; 
47. Decree of the Cabinet of Ministers of Ukraine of 30.12.2015 № 1194 "On approving the 
Technical Regulations on safety of railway rolling stock".  
 
In the field of accreditation 
 
National Accreditation Agency of Ukraine (hereina fter referred to as "the NAAU") operates under 
the Law of Ukraine "On accreditat ion of conformity assessment bodies" and the Regulations on the 
National Accreditation Agency of Ukraine (hereina fter referred to as "the Regulations") approved 
by the Order of the Ministry of Economic Development and Trade of Ukraine of 29.05.2012 № 646 
(as revised by the Order of the Ministry of Economic Development and Trade of Ukraine of 
05.11.2013 № 1305). 
According to provisions of paragraph 1 of the Regulations the NAAU is a state organization 
established by the Ministry of Economic Development and Trade of Ukraine, belongs to its 
jurisdiction, ensures the state policy in the fiel d of economic development and carries out non-
profit activity. According to provisions of paragr aph 3 of the Regulations the Ministry of Economic 
Development and Trade of Ukraine has no right to interfere in the NAAU activity in the field of 
accreditation. According to paragraph 7 of the Regulations the main powers of the NAAU are the following: 
– accreditation of conformity assessment bodies, including making decisions on accreditation, 
refusal of accreditation, expansion and limitation of the scope of accreditation, temporary 
suspension and renewal and cancellation of accreditation certificate;  – monitoring of compliance of accredited conformity assessment bodies with accreditation 
requirements (hereinafter referred to as "monitoring") through the surveillance, conducting 
repetitive and special assessments; – approval of the Procedures for accreditation, accreditation programs, order of monitoring, order 
of handling complaints related to the accredited conformity assessment bodies, qualification 
requirements, procedures and rules for attestation of personnel on accreditation, composition of attestation commission of personnel on accreditation; – organizing selection, studying, training and attest ation of personnel on accreditation, engaging it 
to the work on accreditation; WT/TPR/M/334/Add.1 
 
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  – keeping a Register of accredited conformity assessment bodies and Register of personnel on 
accreditation; – participation in work on harmonization of regulatory acts, national standards and other documents on accreditation with international and European rules and standards that define 
requirements for national accreditation body of  Ukraine and accredited conformity assessment 
bodies; – representation and participation of Ukraine in international, European and other regional 
organizations for accreditation; 
– concluding agreements on cooperation and mutu al recognition of accreditation of conformity 
assessment bodies; – organization of information support on accreditation, including publication of texts of regulatory 
acts and other documents on accreditation, info rmation on types of activities on conformity 
assessment accredited by the NAAU and any related changes (with reference to the relevant regulatory acts and standards) on its website; 
– performance of functions related to accreditation of other bodies than conformity assessment 
bodies, and certification of individuals' competence s in proceeding other activity than conformity 
assessment in some cases established by the legislation. 
As of 2011 the NAAU received a status of signatory of the Bilateral Agreement on Recognition with 
the European Cooperation for Accreditation (EA) in the area of "Accreditation of personnel certification bodies".  On 23 November, 2011 an Agreement on Associated Membership was signed between the NAAU 
and the EA. 
In order to expand recognition of the NAAU at the European level the EA on 24 May, 2012 
confirmed recognition of the NAAU for the area of "Accreditation of personnel certification bodies" 
and signed an agreement on expansion of recogn ition of national accreditation system for new 
areas, namely: "Accreditation of calibration laboratories", "Accreditation of testing laboratories", "Accreditation of management systems certification bodies". 
On 20 November, 2014 the NAAU became a signator y of the Bilateral Agreement on Recognition 
with the EA in the area of "Accreditation of inspection bodies".  On 1–2 October, 2015 the NAAU representatives attended the 34th meeting of the Council of the Multilateral Agreement of the European Cooperat ion for Accreditation (MAC) that took place in 
Berlin (Germany), during which it was decided to ob tain the NAAU a status of signatory in the area 
of "Accreditation of product certification bodies". On 26 November, 2015 during the EA General Assembly an important event occurred – it was 
signed the expanding Bilateral Agreement betwee n the EA and NAAU in the area of products 
certification (ISO/IEC 17065). This is a significant achievement not only for the national accreditation body but for economy of Ukraine in general, as well as for effectiveness of economic 
part of the EU – Ukraine Association Agreement,  which entered into force on 1 January 2016. 
In 2013 the NAAU started preparations for joining the Agreement of the International Laboratory 
Accreditation Cooperation (ILAC) on Mutual Recognition (MRA) and Associated Membership in the ILAC. 
On 16 September, 2014 the NAAU received a status of Associated Member of the ILAC. 
On 24 September, 2014 the NAAU received a status of a Full Member of the ILAC and became a signatory of the ILAC MRA Agreement in the area of "Accreditation of calibration and testing 
laboratories". 
On 11 December, 2014 the NAAU expanded its recognition and become a signatory of the ILAC MRA Agreement in the area of "Accreditation of inspection bodies". 
Also in December, 2014 the NAAU submitted an application for membership in the International 
Accreditation Forum (IAF) and for joining the Multilateral Recognition Agreement of the International Accreditation Forum (IAF MRA) for the area of "Accreditation of management system certification bodies". On 5 November, 2015 the NAAU became a Member of the IAF. 
Accreditation of conformity assessment bodies, which is carried by the NAAU, is equivalent to 
accreditation by any other recognized European national accreditation body. Accreditation is carried by the NAAU according to the Law of Ukraine "On Accreditation of 
Conformity Assessment Bodies" with considering th e requirements of International and European 
standards in the field of accreditation of conformity assessment bodies. One of the basic principles of management and leadership commitments is the NAAU's focus on all 
stakeholders and establishing partnership with them. 
Potential customers, for which access to provision of accreditation services is opened, can be any conformity assessment bodies, regardless of their ownership. In order to ensure activity transparency the N AAU regularly takes part in information events, 
which also examine the customers' needs and proposals for cooperation.  WT/TPR/M/334/Add.1 
 
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  Any accredited conformity assessment body may use the national mark of accreditation in 
accordance with instructions "Description and rules for application of national accreditation mark" and "Procedure for usage of marks for accreditation".  Accredited conformity assessment body, which carries out activities under the scope of the NAAU 
recognition in ILAC, may use the ILAC MRA combined mark in accordance with the instructions 
"Procedure for usage of marks for accreditation". The NAAU carries out accreditation of conformity assessment bodies in the following areas: 
– testing and calibration laboratories – acco rding to the requirements of DSTU ISO/IEC 
17025:2006 "General requirements for competence of testing and calibration laboratories" (May 2012); – management systems certification bodies – a ccording to the requirements of the ISO/IEC 
17021:2011 "Requirements for bodies performing audit and management systems certification" 
(May 2012); – personnel certification bodies – according to the requirements of the ISO/IEC 17024:2003 
(transition to new version of the ISO/IEC 17024:2012 standard) "General requirements to bodies 
performing personnel certification" (November 2009); – inspection bodies – the DSTU ISO/IEC 17020:2001 (transition to new version of the ISO/IEC 
17020:2012 standard) "Conformity assessment. Requirements for activity of various types of 
bodies performing inspection" (October 2014); – products certification bodies (the ISO/IEC 17065:2012 standard "Conformity assessment – Requirements for bodies certifying products, processes and services") (November 2015). 
Detailed information on the NAAU's activity is  available on the website: www.naau.org.ua.  
 Further work will be connected with implementation of all the tasks related to reformation of 
technical regulation system, in particular those de fined in the Program of the Cabinet of Ministers 
of Ukraine approved by the Decree of the Ca binet of Ministers of Ukraine of 09.12.2014 № 695, 
namely: 
– implementation of new Laws of Ukraine "On Standardization", "On Metrology and Metrological 
Activity", "On Technical Regulati ons and Conformity Assessment; 
– adoption of the priority technical regulation s in the fields of metrology and conformity 
assessment; 
– modernization of equipment and material and technical basis of testing and calibration 
laboratories for the next period; – recognition of Ukrainian accreditation system at the European level. 
 
The main perspective directions for the Ministry's activity for 2016 in the field of technical regulation are the following: 
1. Carrying out by the European Commission an an alysis of Ukraine's readiness to sign the ACAA 
Agreement in four priority sectors of Ukrainian industry (low-voltage equipment, electromagnetic 
compatibility, machinery, simple pressure vessels). 2. Signing the ACAA Agreement. 
3. Implementation of the Strategy for Developmen t of Technical Regulation System for the period 
until 2020 (measures of the Strategy envisaged for 2016). 4. Adoption of 1000 national standards harmonized  with International and European ones by the 
methods of "translation" and "confirmation". 
Development of technical regulation system on principles operating in the European Union, in particular bringing rules and procedures of Ukra inian technical regulation system in line with 
international and European practices, strengthening institutional development of the country with 
a view to implementing the EU – Ukraine Associatio n Agreement in the field of technical regulation, 
will improve the level of social stability and prosperity of the country, promote further development of trade and investment cooperation with the European Union countries and enhance 
elimination of technical barriers to trade. 
 WT/TPR/M/334/Add.1 
 
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  TURKEY 
THE SECRETARIAT REPORT 
2.4 Investment Regime, pgs. 32-35 
Could Ukraine please provide information on  the institutional framework for the improvement of 
investment climate in Ukraine? Is there a consultation body that includes private sector representatives to strengthen the dialogue between public and private sector regarding new regulations and implementation problems on investment-related issues?  
Answer: The Ministry of Economic Development and Trade of Ukraine has the Department for 
Attracting Investments, whose responsibilities include the analysis of the investment climate in Ukraine and general development of the investment. In recent years, Ukraine committed significant steps to enhance cooperation with investors. In particular, the business dialogue to 
resolve the issues with investors takes place on a regular basis - quarterly meetings with 
representatives of ministries and businesses. A working group was created to attract foreign investment, which studies and prepare proposals for the implementation of best practices to 
support investment activities by the State. The government intends to create a website which will 
contain detailed information about the investment potential of Ukraine. In order to ensure transparency of public au thorities, reduce corruption, and prevent unfair 
(dishonest) behavior regarding business entities and other violations of their legitimate interests, a 
Business Ombudsman Council was established in 2014. This is a permanent advisory body of the Cabinet of Ministers of Ukraine. To increase the protection of foreign investments Ukraine ratified the Washington Convention 1965 
on the Settlement of Investment Disputes be tween States and Nationals of Other States. 
Executive authorities and local governments can create consultative and advisory bodies to address pre-trial settlement of disputes betwee n investors and executive authorities (local 
government).  
 
2.3.1  Trade and Investment Regime - Tr ade Agreements and Arrangements – WTO, 
pg. 25, para. 2.13  
3.3.2  Trade Policies and Practices by Measure – Measures Directly Affecting 
Exports – Export Taxes, Fees, and Charges fo r Services Rendered, and Internal Taxes on 
Exports, pg. 55, paras. 3.59-3.60 
It is stated in the Secretariat Report that " Recognizing the legitimate needs of Members to pursue 
high health, environmental, developmental or welfare standards for their inhabitants, Ukraine is also concerned that these efforts could lead to the erection of new trade barriers… Ukraine began 
levying export duties on live cattle and hides in 1996 and expanded the use of export duties to 
certain oilseeds in 1999 and waste and scrap of ferrous metals in 2002…The export duties 
applicable as from 1 January 2016 are enumerated in Table 3.14. " 
Considering Ukraine's concern about the erection of new trade barriers and considerably wide list 
of products subject to export taxes, could Ukraine share its plans about phasing out these 
restrictive measures, if any?  
Answer:  Ukraine undertook during its accession commitments to gradually reduce export duties 
on oil seed crops, live cattle and rawhide, ferrous wastes and scrap metals, alloy steel scrap, ferrous metals and their semi-finished products. Respectively, Ukraine has made all the relevant 
amendments to the relevant laws to effectuate these reductions. Ukraine is in compliance with its 
WTO obligations in this regard.  
 
3.3.5  Trade Policies and Practices By Measure – Measures Directly Affecting 
Exports –Export Promotion and Market ing Assistance, pg. 59, para. 3.68 
It is stated in the Secretariat Report that, " The Cabinet of Ministers introduced a system of 
government support to Ukrainian exporters in August 2013. The stated purpose of the legislation is to develop export-oriented industries, improve the quality and competitiveness of exported goods, WT/TPR/M/334/Add.1 
 
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  improve Ukrainian exporters' positions in promis ing markets and increase the volume of foreign 
trade. " 
Could Ukraine provide details regarding the aforem entioned system of government support? Does 
it only consist of export-oriented support schemes?  
Answer: The Action Plan up to 2015 approved by the Cabinet of Minister's Resolution No.1206 of 
16 November 2011 provides for basic export promot ion and trade facilitation measures, such as 
providing information on export-related matters, conducting analysis on export potential, 
enhancing protection of domestic producers under the WTO Dispute Settlement Mechanism, establishing trade offices within diplomatic missions of Ukraine abroad, improving transport 
infrastructure and logistics, and others.  
In accordance with the Cabinet of Minister's Re solution No. 568, the Concept of the Government 
Support System for Ukraine's Exports foresees measures aimed at development and implementation of an effective policy of the state support for export, in particular institutional, 
organizational, informational and financial measures.  
None of the aforementioned is contingent upon export. 
 
3.4.1 Subsidies, pp. 62, para. 3.80 
It is mentioned in the report that "Tax exemptions are also granted to other industries than those 
mentioned above." 
In this regard, what kind of tax exemptions (exempt from excise duty, corporate income tax and 
etc.) are applicable for the steel industry?  
Answer: No tax exemptions are applicable for the steel industry.  
3.4.2 Standards, technical requirements, an d conformity assessment, pg. 65 para 3.90  
It is stated in the paragraph that, "For the ACAA to be finalized, Ukraine will need to fully 
harmonize its legislation with EU legislation, incl uding the adoption of technical regulations based 
on all relevant EU directives, ensuring that its institutions (national standardization and conformity assessment bodies, accreditation agency, and market surveillance authorities) are acting in line 
with EU practice, and adopting harmonized st andards evidencing product conformity with 
requirements set forth in technical regulations. Once in place, the ACAA will provide Ukrainian and 
EU manufacturers free access to a joint market for certain types of industrial products based on mutual recognition of certificates of conformity. Four priority industrial sectors have been identified 
for mutual free access, namely low-voltage equipm ent, electromagnetic compatibility, machinery, 
and ordinary pressure vessels."  
* Could Ukraine please provide more detailed in formation on the implementation procedure and 
the possible time frame for the adoption of th e EU directives on technical regulation.  
Answer: The tentative timeframe for the implementation of  EU Directives is part of the Cabinet of 
Ministers Resolution No. 844-p, of August 19 2015, "On the approval of the strategy of 
development of technical regulation for the period  until 2020". This Resolution is available in the 
web portal of the Government of Ukraine.   
 
* Could Ukraine please elaborate on to what extent it has harmonized the directives covering sectors such as low-voltage equipment, electrom agnetic compatibility, machinery, and ordinary 
pressure vessels.  
Answer: Ukraine has adopted, through Governmental Decrees, the following technical 
regulations:   
 on low-voltage electrical equipment;  
 on electromagnetic compatibility;  
 on safety of machinery;  
 on safety of ordinary pressure vessels.  
In the view of the Government of Ukraine, th e Decrees are fully harmonized, in all essential 
matters, with the respective EU Directives based on  which they were develo ped. However, in view 
of the recent amendments to the related EU le gislation (e.g. ordinary pressure vessels), the WT/TPR/M/334/Add.1 
 
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  Government of Ukraine is currently reviewing its own legislation in order to align it to the revised 
EU legislation.  
 
* Could Ukraine please inform on the current situation in quality infrastructure (standardization, 
accreditation, conformity assessment, metrology) taking into consideration the aim to settle an 
effective QI System in Ukraine, how does Ukrain e implement market surveillance activities? Are 
there any efforts to strengthen MS system in the country?  
Answer: In addition to the detailed presentation of recent institutional and legislation-related 
developments provided for in the Report prepared by the Secretariat, the following may be added 
with respect to the current situation of quality infrastructure area:  
 In the standardization area, the Law of Ukrain e No. 1315-VII "On standardisation" aims at the 
following: 
a) Improvement of legal and organizational basis for national standardization; 
b) Creation of new national standardization sy stem that meets modern requirements and 
trends, and will provide a uniform state policy in this area aimed at regulatory support of important public objectives; 
c) Bringing national standardization system in line with the European model; 
d) Creation of organizational forms of activity in the field of standardization that will 
correspond with international and European practice; 
e) Compliance with fundamental principles of standardization. 
In addition, through Decree of the Cabinet of Mi nisters of Ukraine as of November 26, 2014 No. 
1163-p "On Determination of the State Enterprise which Performs the Functions of the National 
Standardization Body", the State Enterprise "Ukrainian Scientific, Research and Training Center on Standardization, Certification and Quality Problems" became the National Standardization Body 
(NSB). This Decree also establishes the functions of the NSB. The NSB is member of various 
international standardisation organisations and cooperates with various national standardisation 
bodies. 
In the accreditation field, the National Accreditat ion Agency of Ukraine (NAAU) operates under the 
Law of Ukraine "On accreditation of conformity  assessment bodies" and the Regulations of the 
NAAU. It is an independent state body. Its functions are enumerated in the above-referred Law. NAAU carries out accreditation of conformity a ssessment bodies in among others the following 
areas: testing and calibration laboratories and inspection bodies. 
In the technical regulation and conformity asse ssment area, since the adoption of the Law of 
Ukraine of 15.01.2015 No. 124-VIII "On Technical Regulations and Conformity Assessment" 17 out 
of the 31 by-laws that had to be developed in or der to implement it have already been published. 
Twenty-four technical regulations have adopted by Ukraine on the basis of relevant EU legislative 
acts. Another 3 technical regulations are under deve lopment (on explosives for civil use, packaging 
and packaging waste, high-speed railways). 
In the area of metrology, the Law of Ukraine No. 1314-VII "On Metrology and Metrological Activity 
envisages harmonization of legal acts with documents of the International Organization of Legal Metrology (OIML), EU legal acts on metrology and documents of the European Cooperation in 
Legal Metrology (WELMEC). The Law also provides for establishment of a separate central 
executive body, which implements a state policy in the field of metrological surveillance. The Law 
entered into force on 1 January, 2016. The Law is aimed at: 
a) Creating a modern metrological system of Ukraine and integrating it to global and 
European economic area; 
b) Creating conditions for domestic production of measuring instruments and their access 
to the world market by improving competitiveness; 
c) Reducing the number of permits in the area of metrology; 
d) Protecting citizens of Ukraine and the national economy from unreliable measurement 
results that are used during: works on ensuring protection of life and health of citizens; quality and safety control of food and drugs; environmental control; control of 
safety working conditions; trade and business transactions and settlements between 
buyer (consumer) and seller; calculation of taxes and duties, tax and customs control; WT/TPR/M/334/Add.1 
 
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  works related to the definition of buildings, structures and building territory 
parameters.  
Activities related to ensuring the functioning an d development of metrology system of Ukraine are 
coordinated by the Ministry of Economic Development and Trade. 
The Law has been developed by 22 Decrees adopte d by the Cabinte of Ministers as well as 7 
Orders adopted by the Ministry of Economic Development and Trade.  
In the area of market surveillance, the Law of Ukraine "On State Market Surveillance and Control 
of Non-Food Products" and "On General Non-Food Product Safety" are the basic normative acts. 
They are developed by several by-laws which regulated several aspects related with the 
implementation of those basic Laws.  
The Law of Ukraine "On State Market Surveillance and Control of Non-Food Products" lays down 
the legal and organizational fundamentals for carry ing out state market surveillance and control of 
non-food products. The implementation of this Law musthysical taken into account several basic 
principles, including those of proportionality, transparency and objectivity, impartiality and professionalism of market surveillance authorit ies. Market surveillance authorities and their 
officials shall protect personal data and information, which, according to the Law, constitute 
commercial or other secrets protected by the law of Ukraine, and to which they have access due to 
the fulfillment of their duties. 
Various institutions are responsible for the implementation state market surveillance and control of 
non-food products. At the apex, the Cabinet of Ministers shall, among others, ensure 
implementation of the public policy in the area of  market surveillance and control of products; and 
direct and coordinate the operation of ministries, other bodies of executive power in the area of market surveillance and control of products. Un der the Cabinet, market surveillance shall be 
carried out by market surveillance authorities. A list of such authorities, together with their areas 
of responsibility, can be found in the Resolucion No. 573 of 1 June 2011. The powers of market surveillance authorities include participation in the implementation of public policy in the area of 
market surveillance and organization of the de velopment of draft market surveillance sectoral 
plans, approve market surveillance sectoral plans,  monitor their implementation and review them. 
Since the market surveillance functions involve seve ral authorities, the Law sets forth that market 
surveillance authorities shall coordinate among themselves in order to ensure control of products. 
Documentary checks, as well as visits and the taking of product sampes and subjecting them to 
expert examination (testing), are some of the aspects that are regulated in particular detail. 
The Law "On State Market Surveillance and Control of Non-Food Products" regulates many 
implementation-related issues such as the rights  and obligations of the officials carrying out 
market surveillance and control of products, safeguards for the activities of officials carrying out 
market surveillance and control of products, planni ng of market surveillance activities, procedures 
for performing checks of products' characteristi cs, and market surveillance measures that may be 
adopted.  
The Law "On General Non-Food Product Safety" complements the Law "On State Market 
Surveillance and Control of Non-Food Products" in important areas, for instance by establishing operational procedures for market surveillance authorities as well as rights and obligations of their officials when performing market surveillance acti vities and by requiring to set up and operate a 
mechanism to rapidly exchange information on products posing a serious risk among ministries 
and agencies.  
a) The Cabinet of Ministers Resolution No. 844-p, of August 19 2015, "On the approval of the 
strategy of development of technical regulation for the period until 2020" sets forth concrete 
actions, including deadlines for achieving them, to further improve the product control and 
market surveillance system in place. Among them, the following actions are 
contemplated:eliminate the duplication in state surveillance (control) of the conformity of 
products with established requirements; 
b) intensification of cooperation between central authorities, enterprises, institutions and 
organizations with European and international organizations for standardization, metrology, 
accreditation, conformity assessmen t and state market surveillance; 
c) ensuring the integration of information exchange  in the field of pub lic market surveillance 
with relevant approach of the EU; WT/TPR/M/334/Add.1 
 
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  d) review of the existing legislation with a view to further harmonising it with the relevant EU 
legislation; 
e) improve the ability of market surveillance agenci es to perform their functions effectively, by 
training their employees, preparing guidelines , and conducting seminars and workshops.  
 
* Could Ukraine please provide information on wh en the negotiations between Ukraine and EU on 
ACAA are expected to be finalized.  
Answer: The negotiations are at initial stages. At present, the tentative conclusion date of the 
negotiations cannot yet be anticipated.  
 
4.1.5  Trade Policies By Sector – Agriculture –  
4.1.5 Level of support, pp. 89, para. 4.21 
It is mentioned in the report that "According to OECD estimates, Ukraine's support to agricultural 
produces (Producer Support Estimate- PSE) is low, and was even negative in some years. 
Agricultural producers in Ukraine benefit from support and import protection, on the one hand, and 
are taxed through export restrictions and the non-refunding of VAT for exports, on the other hand. On balance, the incidence of the taxation measur es has outweighed the support and protection in 
2011, 2013 and 2014." 
 Given this information, how does Ukraine plan to overcome these distortions in agriculture? Are there any actions planned to further support agriculture to eliminate the negative PSE results?  
 
Answer: On November 14, 2014, the Ministry of Fi nance of Ukraine issued Order No. 1128 "On 
Approval of Determining Compliance Taxpayer Valu e Added Criteria entitled to Receive Automatic 
Budgetary Compensation of Value Added Tax" wh ich established a transparent process for VAT 
refund. VAT refunds are being reimbursed either in cash or applied against tax liabilities of VAT tax 
payers: Major progress has been achieved in 2015 with respect to the refund of VAT. The current 
period for processing VAT refund has b een reduced to around two months.   
 
Level of Support, pg. 90, para. 4.22 
It is stated in the Secretariat Report that, " Ukraine's export restrictions and taxation of grains and 
oilseeds had the effect of pushing the domestic prices of the major grains and oilseeds below world 
market price levels, as reflected by the negati ve single commodity transfers (SCT) for these 
commodities. " 
Given the negative SCT percentages especially on grains and oil seeds stemming from export 
restrictions and taxation, does Ukraine consider any liberalization in its export regime specifically 
on the above-mentioned products?  
 Answer: Ukraine undertook during its accession commitments to gradually reduce export duties 
on oil seed crops, live cattle and rawhide, ferrous wastes and scrap metals, alloy steel scrap, 
ferrous metals and their semi-finished products. Respectively, Ukraine has made all the relevant amendments to the relevant laws to effectuate these reductions. Ukraine is in compliance with its WTO obligations in this regard.   
4.4 Manufacturing, pp.103, para. 4.76 
It is mentioned in the report that "Ukraine has long been heavily industrialized, owing amongst 
others to its rich endowment with natural resour ces, cheap energy and centrally-planned industrial 
development during Soviet times. At the time of  independence, the industrial sector contributed 
about half of GDP. With the restructuring of the economy since 1991, the industrial sector has 
declined to about 20% of the GDP in 2014( Table A1.1). Industrial output has fallen since 2013, and the decline has accelerated since mid-2014, mainly due to weakened trade ties with the 
Russian Federation and disruptions in production in the eastern part of the country, Ukraine's traditional industrial heartland (Chart 4.7)." 
Could Ukraine kindly provide information about possible reform plans in the industrial sector to 
overcome this sharp decline in production? Are there any specific incentives provided to the WT/TPR/M/334/Add.1 
 
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  industrial sector? Chart 4.7 shows that the decrease in industrial production was 18% in the first 
eight months of 2015, however, in the Government Report page 4, it is mentioned that " Since May 
the decline in the production pace began and for 12 months 2015 it amounted to 13.4% " Could 
Ukraine kindly explain the reason behind these differing data?  
Answer: The sharp decline in production figures are largely due to decline in commodity prices in 
world markets and the conflict in Eastern Ukrain e where a significant number of large producers 
are located. The discrepancy is that the secretariat report covers the first 8 months of 2015 and the 
government report covers the entire year.  
 4.5.1 Services, Overview, pg. 105, para. 4.89  
* To our knowledge, to open a bank account in Ukraine, a foreign firm has to obtain a tax number, 
and to obtain a tax number a firm has to be established in Ukraine. For a Mode 1 service supplier who needs to open a bank account in Ukraine, this requirement leads to an indirect limitation and Ukraine has listed Mode 1 in many sectors as "none". Could Ukraine please clarify this issue?  
Answer: According to Article 6 of the Law of Ukrain e 'On the payment systems and funds transfer 
in Ukraine', the Ukrainian banks are allowed to open the bank accounts to such non-residents, specifically, to the legal entities acting as investors and the representative offices of the legal 
entities in Ukraine. 
The procedure for the investment bank accounts op ening to the non-resident investors and funds 
use in these accounts is governed by Chapter 16 of the Instruction on the Procedure for the Opening, Utilization and Closing of Bank Accounts in the Local and Foreign Currencies
16. 
The type of activity (cross- border trade) be intended to be carried out by a foreign company in 
Ukraine is classified as foreign economic activity, according to the norms of the Law of Ukraine 'On Foreign Economic Activity'. 
Specifically, a legal entity established under the laws of Ukraine can act as an operator of foreign 
economic activity where its assets and/or equity are in complete ownership of the  foreign  
businesses. 
With the view to the above, the foreign company has to open an investment bank account in the 
Ukrainian bank and, to be able to operate under its founding documents, create a legal entity in Ukraine in accordance with the law of Ukraine.   
* Could Ukraine kindly provide detailed information whether or not there are any limitations on 
broadcasting of foreign film and TV programs?   
Answer: It is forbidden to establish or participate in TV and radio organisations or programme 
service providers in Ukraine: 
 for economic entities and natural entities-entre preneurs that are registered in the offshore 
zones the list of which is approved by the Cabinet of Ministers of Ukraine, as well as for 
persons without citizenship; 
 for natural and economic entities that are residents of a country that is recognized as an 
aggressor-state or an occupant-state by the Verkhovna Rada of Ukraine, as well as for 
economic entities which stakeholders at any level of a chain of corporate rights ownership 
of a TV or radio company and final beneficiaries of which are such as above economic or natural entities. 
 
* Could Ukraine kindly explain if there are legal or de facto restraints on advertisements and investments of foreign health institutions?   
 
Answer: In general, there are no restrictions on advertisements and investments of foreign health 
institutions. They can advertise using all types of media. 
Investments for this matter are regulated under the general investment regime. According to The 
Licensing conditions for business in medical practi ce (adopted by the order of the Ministry of 
Health of Ukraine) the effect of these Licensing Conditions applies to all business entities 
registered in the prescribed manner, irrespective of their legal form and ownership that carry out 
economic activity on medical practice. But medical activities can engage individuals with 
appropriate special education who meet the uniformed qualification requirements. In accordance 
                                               
16 Approved by the NBU Resolution #492 of 12.11.2003. WT/TPR/M/334/Add.1 
 
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  with Article 74 of The Law of Ukraine on the Base s of the Legislation of Ukraine on health care 
persons who have passed medical or pharmaceutical training in educational institutions of foreign 
countries are admitted to the profession after verification of their qualifications in the manner 
prescribed by the central executive authority. 
 
THE GOVERNMENT REPORT 
3.5 Technical Regulation System Reform, pg. 14, para. 3.55 
 
It is mentioned in the report that, "In line with its WTO commitments, in November 2014, the 
Cabinet of Ministers designated the Ukrainian Scientific Research and Training Centre of 
Standardization, Certification and Quality Problems to serve as the new national standardization 
body." 
Could Ukraine kindly provide details about whet her there is any marketing (e.g., agricultural 
quality) standard regulations concerning agricultural products? If so, are these marketing 
standards based on international standards such as those developed under the United Nations Economic Commission for Europe?  
 
Answer : Ukraine has adopted marketing standard regulations concerning agricultural products 
which are generally based on UN ECE standards. Su ch standards are available on the web portal of 
the Ukrainian National Standardization Body (link: http://ukrndnc.org.ua/).   
 If marketing standards for agricultural products exist within the Ukranian system, which bodies are responsible for conducting controls at import stage?  
 
Answer : Marketing standards for agricultural products are not subject to control at import stage.  
 
4.1 European Union, pg. 16, para. 3.44 
I t  i s  s t a t e d  i n  t h e  G o v e r n m e n t  R e p o r t  t h a t ,  "Until the end of 2015, the EU was providing 
autonomous trade preferences to Ukraine and as of 1 January 2016, the DCFTA fully entered into 
force." 
Could Ukraine kindly provide further information about the expected impacts of the DCFTA on the 
economy?  
Answer : The potential of the DCFTA:  
 Wider accession to the EU market. 
 Attracting investments and loans. Improving the investment climate, holding investment 
forums, with a priority to guide prospective competitive sectors that have the greatest 
chance of entering the EU market. 
 Participation in global, European and regional supply chains. Development of cooperation 
with of the EU Member States enterprises an d companies. Study and application of best 
practices in order to improve industrial management. 
 Implementation of appropriate standards of quality in industrial production. 
 Renovation and modernization of Ukrainian national enterprises. 
 Simplification of processes of attraction of technological and innovation solution as well as 
seeds and planting stocks. 
 
The Ukrainian enterprises continue to use actively the preferences under the free trade between 
Ukraine and the EU. During the first quarter of 2016, tariff quotas for grape and apple juices, honey, barley groats and 
meal, sugars, processed tomatoes, maize and oats have been fully utilized. The tariff quota for 
wheat has been utilized by more than 99,23% (943 ths. tons from 950 ths. tons possible). Basic quotas for poultry meat for the first and second quarter have been utilized by 100% (4 000 tones on a quarterly basis). The active utilization of additional quota for chicken (23% of total volume) 
started this year. 
Utilization of tariff quotas for sweetcorn, sugar produc ts (fructose, lactose, etc.), ethanol, starches, 
bran, sharps and residues, barley, sugar processed products, etc. have also started. 
Overall, as for today Ukrainian exporters use possibilities of export under the 19 tariff quotas of 
40 possible. WT/TPR/M/334/Add.1 
 
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  11 January, 2016 the EU market for Ukrainian dairy products was opened. Ukrainian enterprises 
have already started exporting dairy products to the EU. However, export of dairy products under the appropriate tariff quotas will actually be possible from July 1, 2016.  
The EU enterprises also take advantage of  the free trade between Ukraine and the EU. 
During the first quarter of this year the basic tariff quota for poultry meat and poultry meat preparation has been fully utilized. The tariff quota for sugars has been utilized by 67,03%, for 
pork meat – by 14,01%. WT/TPR/M/334/Add.1 
 
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  THE UNITED STATES (FOLLOW-UP QUESTIONS) 
PART I: QUESTIONS ON THE SECRETARIAT REPORT (WT/TPR/S/334) 
 
4 TRADE POLICIES AND PRACTICES BY MEASURE 
 
4.4.2  Sanitary and phytosanitary measures 
 
 
Page 69, Paragraph 3.108: Ukraine's answer to th e U.S. question regarding adoption of the EU 
regulations on GMOs notes it does not intend to adopt the EU regulations in full, but goes on to list 
three EU regulations, two of which will be impl emented in 2019, and one in 2016. Which parts of 
these regulations does Ukraine intend not to adopt?  Will Ukraine notify the draft regulations to the 
WTO before final implementation in order to provide Members an opportunity to comment?  
Answer : Ukraine will gradually approximate its GMO legislation to relevant EU Regulations and 
Directives as provided for in the Association Agreement between Ukraine and the EU (Annex XXX 
to Chapter 6 "Environment").  
Ukraine intends to notify the draft regulation s to the WTO in order to provide Members an 
opportunity to comment as per obligations under the WTO SPS agreement. 
 
3.4.4 Trade-related investment measures Page 70, Paragraph 3.111: Ukraine's response to the U.S. question regarding the increase in the 
premium payment when more local components are used states that the Law "on the Electric 
Power Industry" does not create additional burd en or any impediments for energy. Ukraine did 
not, however, provide an answer the question on  how the link between the amount of domestic 
content and the amount of the "green tariff" is consistent with the TRIMS Agreement's prohibition 
against mandating local content requirements in order to obtain an advantage. Does Ukraine have 
an answer to this question?  
Answer:  These premium payments do not create additional burden or any impediments for 
energy producers from obtaining "green tariff". Moreover, this measure is temporary and is aimed 
at stimulating local production of equipment for alternative energy needs. It ensures fair conditions of energy production from alternative sources. This measure does not require or condition investors/investment to use local content. As such, it 
does not violate the TRIMS Agreement. 
 3.4.12 Trade-related intelle ctual property regime 
 
Page 82, Paragraph 3.154: Ukraine's answer to the U.S. question regarding concerns in the area of 
IPR protection and enforcement notes that a pilot project has been launched to develop effective 
mechanisms for addressing issues related to identification of web page content as proof of 
copyright or related rights violations on the Internet. Could Ukraine provide us with more details about the pilot project? Is this pilot project aimed at supporting Ukrainian criminal enforcement measures related to online infringement, or is this pilot project aimed at identifying issues, in the 
civil enforcement realm, regarding the challenges of identifying authors and copyright owners of 
online materials protected under copyright and re lated rights? Could Ukraine also provide further 
information about the scope of these mechanisms regarding proof of violations and about the 
"developing mechanisms for settlements and payments" element here? Settlements suggests 
some form of case resolution while "payments for use" suggests some form of licensing. Could 
Ukraine also provide more information what is meant by a "pre action protocol"?  
Answer:  On January 26, 2016 the State Intellectual Property Service of Ukraine (SIPSU) 
presented the system of identification and study of the content of web pages on the Internet. The 
system is operating on a trial mode through the online service «WEB-identification", located on the website of the company (www.intelprotect.org).When  using the system for the first time, it is 
necessary to register at the web site of SE "Intelzakhyst" ('Intelprotect') and create personal 
office, where all saved statements of the applic ant and the results of services provided will 
subsequently be stored on-line, namely the relevant reports and expert opinions, which may be accessed at any time. The system provides two kinds of services: services for the identification of WT/TPR/M/334/Add.1 
 
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  content web pages on the Internet and services for recording and research content of web pages 
on the Internet. It is important that the result of such services will be issuing the relevant expert opinion with added print snapshots of web pages on  the Internet and digital medium such CD-r or 
DVD-r, containing the photo as a graphic image in JPG and PDF, as well as a text file with the 
source code of this web page. The introduction of such services will prevent the destruction, 
damage, modification of the content of web pages on the Internet. Such expert evidence and/or 
opinion can be used in communications with a requirement to stop violations of rights (pre, non-
judicial dispute resolution procedure), as well as appeal to the court. 
The Draft Law "On amendments to the legislation of Ukraine concerning the protection of the 
intellectual property rights on the internet" introduces provision of evidence online. In particular, at the request of interested party notary has th e right to provide evidence online. Provision of 
evidence on the Internet is done by issuing protocol by notary, describing the information posted 
on the Internet, documents that record the information on the Internet re attached thereto. As a mode of civil protection of copyright and relate d rights intellectual property right owners can 
request information that identifies the user who posted on the website information that violates 
copyright and (or) related rights or of a web site  t h a t  u s e s  h o s t  s e r v i c e s  t o  p l a c e  a n d  p r o v i d e  
access to information that violates copyright and (or) related rights.  
 
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