G/TBT/N/UKR/129  
 
6 October 2017  
(17-5390) Page: 1/2 
Committee on Technical Barriers to Trade  Original: English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member: UKRAINE   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible: Ministry of Agrarian Policy and Food of Ukraine  
Name and address (including telephone and fax numbers, email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
3. Notified under Article 2.9.2 [ X], 2.10.1 [  ], 5.6.2 [X], 5.7.1 [  ], other:  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable): Food, feed, 
feed additives, veterinary drugs produced from genetically modified organisms.  
5. Title, number of pa ges and language(s) of the notified document: The Draft Law of 
Ukraine "On amendments to some laws of Ukraine on the traceability and labelling of 
genetically modified organisms and the circulation, traceability and labelling of food, feed 
and/or feed addi tives, veterinary drugs produced from genetically modified organisms" 
(hereinafter referred to as the Draft Law). (8 page(s), in Ukrainian)   
6. Description of content: The Draft Law provides the following amendments:  
− definition of the terms, in particular, "traceability ", "unique identifier ", "operator ", "the 
first stage of the placing on the market of the product ", "pre-packaged products " etc; 
− for pre -packaged products consisting of, or containing GMOs, operators shall ensure that 
the words "This product contains GMOs " or "This product contains genetically modified 
[name of organism(s)] " appear on a label; for non -pre-packaged products offered  to the 
final consumer the words "This product contains GMOs " or 'This product contains 
genetically modified [name of organism(s)] " shall appear on, or in connection with, the 
display of the product;  
− exceptions from the appropriate labelling requirement of pre -packaged and non -pre-
packaged products shall be granted to market operators only when traces of GMO in the 
products do not exceed the legally established thresholds (less than 0.9 %) provided that 
these traces of GMO are adventitious or technically unavoidable;  
− adoption of the provision according to which the State Service of Ukraine for Food Safety 
and Consumer Protection carries out state supervision (control) in the field of safety and 
specific indicators of food quality over the observance of b iological and genetic safety 
measures in respect of: food products, feed, feed additives produced from GMOs by the 
criterion of the presence in those of only registered GMO sources and agricultural plants 
and animals in creating, studying and practical usi ng GMOs in open systems at enterprises, 
institutions and organizations irrespective of their subordination and ownership.  
The Draft Law applies to GMOs, food, feed and/or feed additives, veterinary drugs 
produced from GMOs, which have undergone state regis tration in accordance with the 
established procedure. Unregistered GMOs as well as food, feed and/or feed additives G/TBT/N/UKR/129  
 
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  made from genetically modified organisms are not subject to this Draft Law and shall not 
be placed on the market. Labelling will not apply t o food, feed and/or feed additives which 
comprise the material that contains, consists of or produced from GMOs in a proportion 
less than 0.9% of the food or feed ingredients, ingredients of feed additives considered 
individually or of food or feed consist ing of a single ingredient, provided that the presence 
is adventitious or technically unavoidable.  
7. Objective and rationale, including the nature of urgent problems where 
applicable: The purpose of the Draft Law is to ensure that consumers are informed about 
registered GMOs, which food, feed and/or feed additives, veterinary drugs consist of or 
contain, to provide individuals with the opportunity to carry out economic activities related 
to production and circulation of food, feed and/or feed additives, v eterinary drugs 
produced from GMOs.  
In this connection adaptation of Ukrainian legislation to the provisions of Regulation (EC) 
No 1830/2003 of the European Parliament and of the Council of 22 September 2003 
concerning the traceability and labelling of gen etically modified organisms and the 
traceability of food and feed products produced from genetically modified organisms and 
amending Directive 2001/18/EC will be carried out in this connection.  
8. Relevant documents:  Regulation (EC) No 1830/2003, Directive No 2000/13/EC, 
Regulation (EC) No 726/2004, Directive No 2001/18/EC.  
9. Proposed date of adoption:  To be determined.  
Proposed date of entry into force:  6 months from the date of publication.  
10. Final date for comments: 60 days from notification  
11. Texts available from: National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available, of other body:   
The text of the Draft Law is available in Ukrainian on the official web -site of the Ministry of 
Agrarian Policy and Food of Ukraine: http://minagro.gov.ua/node/21518