RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/UKR/135 
17 February 2006 
 (06-0691) 
Working Party on the 
Accession of Ukraine Original:   English 
 
 
 
ACCESSION OF UKRAINE 
 
Additional Questions and Replies  
 
 
 The following submission is being circulated at the request of the Delegation of Ukraine.   
_______________ 
  WT/ACC/UKR/135 
 Page i 
 
 
  TABLE OF CONTENTS 
 
II. ECONOMIC POLICIES..........................................................................................................1  
- Pricing Policies ............................................................................................................... ...........1  
IV. POLICIES AFFECTING TRADE IN GOODS .....................................................................2  
- Trading rights ................................................................................................................. ..........2  
A. IMPORT REGULATIONS......................................................................................................2  
- Other duties and charges....................................................................................................... ...2 
- Fees and charges for services rendered...................................................................................3  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ ...............4  
- Customs valuation.............................................................................................................. .......4  
- Other customs formalities ...................................................................................................... ..5 
- Anti-dumping, countervailing dut ies, safeguard regimes .....................................................6  
B. EXPORT REGULATIONS .....................................................................................................7  
- Export rest rictions ............................................................................................................ ........7  
- Export subsidies ............................................................................................................... .......11  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................12  
- Technical  barriers to trade, standards and certification....................................................12  
- Sanitary and phytosanitary measures...................................................................................14  
- Trade-related investment measures ......................................................................................15  
- State-trading entities......................................................................................................... ......15  
- Free zones, special economic areas........................................................................................16  
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.......................................17  
- GENERAL........................................................................................................................ .......17  
- Application of national and MFN treatment to foreign nationals......................................17  
- SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING 
PROCEDURES FOR THE ACQUISITION AND MAINTENANCE OF INTELLECTUAL PROPERTY RIGHTS ...........................................................................18
 
- Geographical indications, including appellations of origin.................................................18  
-  Requirements on undisclosed information, including trade secrets and test data............18  
- ENFORCEMENT...................................................................................................................1 9 
-  Provisional measures ........................................................................................................... ...19  WT/ACC/UKR/135 
 Page 1 
 
 
  II. ECONOMIC POLICIES 
- Pricing Policies  Question 1 Paragraph 47 of WT/ACC/SPEC/UKR/5/Rev.3 (Dra ft Report):  We take note and welcome the 
abolition of minimum price measures applied to  domestically-produced and import spirits by 
Cabinet of Ministers Resolution No. 407 of 28 May 2005. 
Paragraphs 43-59:  Could Ukraine explain in detail the system of minimum prices recently 
introduced for grain and oil seeds, including the le gal basis, application of the system, duration, 
whether applies to imported/exported goods etc. 
Answer:
  
Pursuant to Articles 3 and 4 of the Law of Ukraine "On State Support of Agriculture in Ukraine", 
No. 1877, by its Resolution No. 399, dated 26 Ma y 2005, the Cabinet of Ministers of Ukraine 
approved a Methodology for the Setting of Minimum Purchase Prices for Certain Items subject to State Price Regulation and the List of such Items for the marketing year of 2005/06.  Pursuant to this Methodology, the amount of the minimum purchase price is  set on the basis of prices that had been in 
effect during the previous five marketing periods  and the level of inflation for this period. 
Items subject to State price regulation for the marketing year of 2005/06 include:  wheat and mixture 
of wheat and rye (meslin), rye, barley and oats , and corn will be include d – from 1 September 2005 
until 31 August 2006.  In implementation of the re quirements set out in the said Resolution, by its 
Order No. 238, dated 2 June 2005, the Ministry of Agricultural Policy approved minimum purchase 
prices for grain crops and oilseeds.  
By the Resolution of the Cabinet of Ministers of Ukraine "On the Approval of Procedures for 
Providing Budgetary Loans within the State Pl edge Procurement of Grain", in June 2005 the 
Government approved the Procedures for providing  such budgetary loans, pursuant to which a 
pledged purchase of grain takes place as a credit transaction secured with the pledge of an item at the expense of funds earmarked in the State Budget in amounts that are annually set by the Ministry of 
Agricultural Policy upon submission of the Agrarian Fund. 
Order No. 316 of the Ministry of Agricultural Policy, dated 14 July 2005 No. 316, "On Amounts of 
Budgetary Loans to be secured with Pledges of Item s subject to State Price Regulation" set the level 
of a loan for 1 ton, which equals approximately to 80 per cent of the minimum purchase price, and 
determined amounts of pledged transacti ons at the level of 1.1 million tons. 
Later, by its Resolution No. 638, dated 25 July 200 5, "On the Setting of the Amount of Payment for 
the Use of Budgetary Loans by Grain Producers within the State Pledge Procurement of Grain", on 
the basis of relevant information from the NBU the Cabinet of Ministers of Ukraine set payment for 
the use of budgetary monies at the level of 8.95 per cent p.a. 
So, a producer could enter into a credit agreement w ith the Agrarian Fund, obtain 80 per cent of the 
minimum purchase price for the concerned type of product and pay 0.75 per cent per month as a 
payment for the use of the budgetary loan.  In th e transaction, for example, with III class wheat, the 
producer obtains UAH 550 for 1 ton and will pay UAH 4.12 per each month the agreement is in effect. WT/ACC/UKR/135 
Page 2  
 
  This system of minimum prices does not apply to imported and exported products.  The customs value 
of imported goods is determined pursuant to the te xt of Articles 266 - 273 of the Customs Code of 
Ukraine, and the customs value of exported goods is determined pursuant to Article 274 of the 
Customs Code of Ukraine.  
IV. POLICIES AFFECTING TRADE IN GOODS 
- Trading rights 
Question 2 Paragraph 83 of the Draft Report and Question 19 of document WT/ACC/UKR/131:  We note 
Ukraine's commitment to bring its licensing fees for alcoho l beverages and tobacco in 
compliance with GATT Article VIII by the date of  accession. Could Ukraine explain the present 
state of matter and what kind of proposals are in  preparation?  What is the foreseen timetable 
for the adoption of these measures? 
Answer:
  
The Government prepared and submitted to the Pa rliament a draft Law of Ukraine "On Amendments 
to Certain Legislative Acts of Ukraine" (No.  8373 of 1 November 2005), amending Law No. 481, 
dated 19 December 1995, in order to bring licen sing fees for alcohol beverages and tobacco in 
compliance with Article VIII of GATT 1994.  (The said draft Law provides for a substantial cut of fees for licenses for production of and trading in spir its, alcohol beverages and tobacco products to the 
amount of 15 - 20 of citizens' non-taxable minimum incomes, which will approximately be equal to 
€ 60.  Alongside with this, it is proposed to intr oduce an annual fee for alcohol and tobacco addiction 
prophylaxis and treatment measures, the amount of which fee, except for a fee for production of raw 
grape spirit and raw fruit spirit, will be equal to an existing fee for the licence, and for business 
entities that are engaged in retail trading in alc ohol beverages the amount of the above fee will be 
differentiated depending on the numbe r of population determined pursuan t to statistical data for the 
previous year.  In addition, the draft Law amend Article 14 of the Law of Ukraine "On the Taxation 
System", whereby the annual fee for alcohol and tobacco addiction prophylaxis and treatment 
measures must be included into the list of national mandatory fees and charges). 
Question 3 
We would like to have the brackets removed fr om the commitment text of paragraph 91. 
Answer:
  
Ukraine agrees to the removal of brackets from the commitment text.  
A. IMPORT REGULATIONS 
- Other duties and charges  
Question 4 Paragraphs 97 – 98:  It is understood that Ukraine imposes a tax of 1 per cent on imported 
wines and spirits for developing vineyards in Uk raine. Could Ukraine confirm whether this tax 
is also imposed on domestic production and if no t, that this tax will be abolished upon accession.   WT/ACC/UKR/135 
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  Answer:   
Pursuant to Article 1 of the Law of Ukraine "On th e Tax for Development of Viticulture, Horticulture 
and Hop-growing", dated 9 April 1999, No. 587-XI V, payers of this tax are business entities, 
irrespective of their form of ownership and subordi nation, which sell alcoholic beverages and beer in 
a wholesale and retail network.  According to Artic le 2 of this Law, proceeds from the sale of 
alcoholic beverages and beer in the whol esale and retail network shall be taxed.  
Proceeds from the sale in the wholesale and retail network of domestically produced and imported 
alcoholic beverages and beer shall be taxed at the rate of 1 per cent.  
This 1 per cent tax is not included into the list of border measures defined by Article 4.2 of the 
Agreement on Agriculture as measures that are requi red to be transformed into usual duties.  
- Fees and charges for services rendered  Question 5 Paragraph 116:  We thank Ukraine of the legi slation provided and note the commitment of 
Ukraine to harmonize the differential railway tari ffs by the date of accession.  We would be 
happy to have the present state of the preparation of the remaining legislative amendments 
concerning iron-ore materials, cast iron, rolled fe rrous metal, mineral fertilizers, foodstuffs and 
petroleum products.  
We have information suggesting that for grai n products differential tariffs have been 
reintroduced until 31 December 2005.  If this is i ndeed the case, could Ukraine confirm that this 
differential will be eliminated upon accession. 
We would request Ukraine to submit to the Wo rking Party a table setting out the harmonised 
railway transport fees per product (amounts of the fees per product), as regards the above 
products, and the products indicated in Order No. 91-p of 1 April 2005 and Order No. 233-p of 
1 July 2005. 
We would like to have all brackets removed fr om the commitment text of paragraph 117. 
Answer:
 
Pursuant to Resolution No. 295- р of the Cabinet of Ministers of Ukraine, dated 29 July 2005, "On 
Measures aimed to stabilize Prices in the Grain Ma rket and to ensure Grain Production without 
Losses", reduced tariffs for transportation of grai n exported by entities of all forms of ownership 
operating on the Ukrainian grain market were effec tive by 3 December 2005.  Thus, Ukraine confirms 
that as from the date of its accession to the WTO the differential railway tariffs for grain 
transportation will be eliminated, and agrees to re move the brackets from the commitment text of 
paragraph 117. 
The tables setting out the harmonised railway transport fees per product are not prepared at this stage, 
as the tariffs have not yet been indexed in full.  Thus, a draft Cabinet of Ministers Resolution "On the 
Indexation of Railway Tariffs for Freight Transportation" , whereby this issue is resolved in full and in 
compliance with the WTO requirement s, has been submitted to the Cabinet of Ministers of Ukraine 
for review.  After the said Resolution has been approved, a book of tariffs for freight/passenger 
transportation will be prepared a nd published, which will indicate ra ilway transport fees per product 
unit.  WT/ACC/UKR/135 
Page 4  
 
  - Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
Question 6 Imports of motor vehicles (Paragraph 140):  We no te the commitment of Ukraine not to apply 
import restrictions relating to the age of vehicles from the date of accession. 
We would urge Ukraine to change its existing legi slation to eliminate the existing import bans of 
buses, trucks and cars of older than eight years by accession. 
Answer:
 
On 30 November 2005, the Verkhovna Rada (Parlame nt) of Ukraine passed a Law of Ukraine "On 
Amendments to the Law of Ukraine "On Some Issu es of Importation into Ukraine's Customs Territory 
of Motor Vehicles" (regarding the issue of registra tion), No. 3151-IV, whereby it is contemplated to 
eliminate the existing bans on imports of buses, trucks and cars that are older than eight years.  Law of 
Ukraine sets out a transition period of five y ears from the WTO accession for the abolition of the 
import ban. 
Question 7 
We would like to have all brackets removed from  the commitment language in paragraph 154. 
Answer:   
Ukraine proposes the commitment text. Ukraine agrees to the above refere nced proposal, except for the impor t restriction relating to the age 
of vehicles imported into the territory of Ukraine.  Pursuant to the Law of Ukraine "On Amendments 
to the Law of Ukraine "On Some Issues of Impor tation into Ukraine's Customs Territory of Motor 
Vehicles", dated 30 November 2005, the ban on impor ts of motor vehicles for free turnover within 
Ukraine's territory, which were manufactured not ear lier than eight years ago as the time such motor 
vehicles enter through Ukraine's customs border, will be eliminated in five years upon the date of 
Ukraine's accession to the World Trade Organization.  
- Customs valuation  
Question 8 
Paragraphs 158 and 161:  The draft law to amend the Customs Code does not transpose into the 
Ukrainian legislation the Interpretative Not es concerning Articles 9 and 15.4 of the Customs 
Valuation Agreement. 
Answer:
 
Pursuant to the Article 17 (Part 3) of the Law of Ukraine "On the Single Customs Tariff", during the 
process of determining the customs value and duty payment, the foreign currency shall be converted 
into Ukrainian currency at the exchange rate of th e National Bank of Ukraine, which is applied for 
payments in foreign economic transactions and is  valid as of the day of submission of customs 
declaration. 
Provisions of the Notes to Article 15 of the Agreem ent were taken into cons ideration in draft Order 
"On the Approval of Methodical Recommendations fo r Application of Certain Provisions of the  WT/ACC/UKR/135 
 Page 5 
 
 
  Customs Code of Ukraine relating to Customs Valuation of Goods imported into the Customs 
Territory of Ukraine".  Draft order has been develo ped.  At present steps are taken for its enactment.  
Question 9 
We would urge Ukraine to transpose these Interpret ative Notes into its legislation, or in case 
Ukraine considers they have already been tran sposed, point out to the Working Party the 
relevant provisions in its national legislation,  that according to Ukraine transpose them. 
Answer:  
In order to ensure the application and unambiguous interpretation of provisions of customs valuation 
legislation, and specifically the Interpretative Note to the Agreement on the Implementation of 
Article VII of the GATT, the State Customs Serv ice of Ukraine prepared a draft Order "On the 
Approval of Methodical Recommendations for Appli cation of Certain Provisions of the Customs 
Code of Ukraine relating to Customs Valuation of  Goods imported into the Customs Territory of 
Ukraine".  At present steps are taken for its enactment.  
Question 10 
We would like to have a commitment in the Working Party Report on the fact that no 
minimum, reference or arbitrary prices are used  for customs valuation purposes, and that the 
customs valuation methodologies used will comply fully with the WTO Customs Valuation Agreement.  Therefore we support  the second commitment language in the brackets and want 
the brackets removed. 
Answer:
 
Ukraine agrees to remove the brackets from th e following commitment language, except "nor would 
apply duties and taxes": 
[The representative of Ukraine confirmed that, as from the date of accession, Ukraine would apply the 
WTO provisions concerning customs valuation, in cluding the Agreement on the Implementation of 
Article VII of the GATT 1994 and Annex I (Interpre tative Note) and paragraph 2 of the Decision on 
Valuation of Carrier Media Bearing Software for Data Processing Equipment (Decision 4.1), 
providing that valuation of software was based on th e value of the media.  He stated that Ukraine 
would not use any form of reference or minimum pr ices or fixed valuation schedules for the valuation 
of imports nor would apply duties and taxes, and that all methods of valuation used were in 
conformity with those provided for in the WTO Agreement on the Implementation of Article VII of 
GATT 1994.  The Working Party took note of these commitments.] 
- Other customs formalities  
Question 11 
Paragraph 171:  We would like to add the following commitment language in paragraph 171: "The representative of Ukraine confirmed that th e classification of goods for customs purposes 
should be made strictly according to  the recommendations of the World Customs 
Organization."  WT/ACC/UKR/135 
Page 6  
 
  Answer:
 
Ukraine agrees to this proposed commitment language. 
- Anti-dumping, countervailing duties, safeguard regimes  
Question 12 Paragraph 174:  We welcome the adoption of Uk raine of the amendments to the law on anti-
dumping and law on safeguards.  We would be ha ppy to have copies of these modified laws as 
soon as possible. Could Ukraine indi cate when these would be available? 
Answer:
  
The Law of Ukraine "On Special Measures in Regard to Imports in Ukraine" and the Law of Ukraine 
"On Protection of National Producers against Du mped Imports", as amended on 1 November 2005, 
are currently being translated.  Ukraine will provi de the texts of the Laws in the near future. 
Question 13 
Paragraph 176 claims that Ukraine had never been accused of violating WTO norms and 
requirements in the application of anti-dumping measures.  We would like to point out that EC has recently raised its concerns as regards an  individual case where several shortcomings as 
regards WTO requirements (for example lack of no tification, failure to establish injury) could 
be established. We would urge Ukraine to ma ke sure that it will apply its anti-dumping 
legislation and conduct its investigations in accordance with the relevant WTO Agreement on 
this area.  
We prefer the second commitment language in paragraph 183 and would like to see the 
brackets removed from it. 
Answer:
 
Since Ukraine has already the relevant legislatio n in place and in line with the relevant WTO 
agreements, the [first][third] commitment langua ge in paragraph 183 is more appropriate. 
[The representative of Ukraine confirmed that, from the date of accession, Ukraine would comply 
with the provisions of the WTO Agreements on Anti-Dumping, Subsidies and Countervailing 
Measures, and Safeguards. The Working Pa rty took note of these commitments.]  
 [The representative of Ukraine confirmed that from the date of accession Ukraine would apply any 
anti-dumping, countervailing or safeguard measure in full conformity with the relevant WTO 
provisions, particularly with the provisions of the WTO Agreement on the Implementation of 
Article VI and the WTO Agreements on Subsidi es and Countervailing Measures and on Safeguards. 
The Working Party took no te of these commitments.]  WT/ACC/UKR/135 
 Page 7 
 
 
  B. EXPORT REGULATIONS 
- Export restrictions Question 14 Paragraph 186 - Export duties on agricultural products:  Could Ukraine explain the current 
state of play as regards export duties on oil seeds, live cattle and hid es and skins?  Has the 
legislation indicated in the draft Working Party report been passed and what is the contents of 
it? 
Answer:
  
The Verhovna Rada of Ukraine adopted a Law of Ukraine "On Amendments to the Law of Ukraine 
"Law on Export Duty Rates for Seeds of Some Oil-Yielding Plants", dated 7 July 2005, under 
No. 2773.  Pursuant to this Law, the rate of the export duty on seeds of some oil-yielding plants will 
be reduced to 16 per cent and will be reduced by  1 per cent annually until it has reached 10 per cent 
(please see the table below).  This Law will enter in to force as from the date of Ukraine's accession to 
the WTO. 
Product code 
according to 
UPC FEA Goods 
description Upon 
accession 1 year 
upon 
accession 2 years 
upon 
accession 3 years 
upon 
accession 4 years 
upon 
accession 5 years 
upon 
accession 6 years 
upon 
accession 
1204000000 Linseeds, 
whether or 
not broken  16 15 14 13 12 11 10 
120600 Sunflower 
seeds, 
whether or 
not broken 16 15 14 13 12 11 10 
1207999900 False flax 
seeds  16 15 14 13 12 11 10 
 
Pursuant to the draft Law of Ukraine "On Amendm ents to the Law of Ukraine "On the Export Duty 
on Live Cattle and Hides" (regard ing the reduction of export duty ra tes), Verhovna Rada registration 
No. 8317-1.  The draft Law provides for the reduction of export duty rates to 50 per cent for live cattle 
and to 30 per cent for hide and skin raw materi als from the date of accession. Then, the export duty 
rate for live cattle will be reduced by 5 per cent po ints annually to 10 per cent, and the export duty 
rate for hide and skin raw materials will be redu ced by 1 per cent point to the amount of 20 per cent 
(please see the table below).  
  WT/ACC/UKR/135 
Page 8 Product code 
according to 
UPC FEA Goods 
description Upon 
accession 
 1 year 
upon 
accession 2 years 
upon 
accession 3 years 
upon 
accession 4 years 
upon 
accession 5 years 
upon 
accession 6 years 
upon 
accession 7 years 
upon 
accession 8 years 
upon 
accession 9 years 
upon 
accession 10 years 
upon 
accession 
0102 Live bovine 
animals:            
0102 90 05 00 - - - of a weight 
not exceeding 80 
kg 50 45 40 35 30 25 20 15 10   
0102 90 21 00 - - - - for 
slaughter 50 45 40 35 30 25 20 15 10   
0102 90 29 00 - - - - other 50 45 40 35 30 25 20 15 10   
0102 90 41 00 - - - - for 
slaughter 50 45 40 35 30 25 20 15 10   
0102 90 49 00 - - - - other 50 45 40 35 30 25 20 15 10   
0102 90 51 00 - - - - - for 
slaughter 50 45 40 35 30 25 20 15 10   
0102 90 59 00 - - - - - other 50 45 40 35 30 25 20 15 10   
0102 90 61 00 - - - - - for 
slaughter 50 45 40 35 30 25 20 15 10   
0102 90 69 00 - - - - - other 50 45 40 35 30 25 20 15 10   
0102 90 71 00 - - - - - for 
slaughter 50 45 40 35 30 25 20 15 10   
010290 79 00 - - - - - other 50 45 40 35 30 25 20 15 10   
0102 90 90 00 - - other 50 45 40 35 30 25 20 15 10   
0104 Live sheep and 
goats:            
0104 10 10 00 - - pure-bred 
breeding 50 45 40 35 30 25 20 15 10   
 a n i m a l s              
0104 10 50 00 - - - lambs (up to 
1 year old) 50 45 40 35 30 25 20 15 10   
0104 10 80 00 - - - other 50 45 40 35 30 25 20 15 10    
   WT/ACC/UKR/135
 Page 9Product code 
according to 
UPC FEA Goods 
description Upon 
accession 
 1 year 
upon 
accession 2 years 
upon 
accession 3 years 
upon 
accession 4 years 
upon 
accession 5 years 
upon 
accession 6 years 
upon 
accession 7 years 
upon 
accession 8 years 
upon 
accession 9 years 
upon 
accession 10 years 
upon 
accession 
4101 Raw hides and 
skins of bovine 
or equine 
animals (fresh, or salted, dried, 
limed, pickled or 
otherwise preserved, but 
not tanned, 
parchment-dressed or further 
prepared), 
whether or not de-haired or split 30 29 28 27 26 25 24 23 22 21 20 
4102 Raw skins of 
sheep or lambs 
(fresh, or salted, 
dried, limed, 
pickled or otherwise 
preserved, but 
not tanned, parchment-
dressed or further 
prepared), whether or not 
with wool on or 
split, other than those excluded 
by note 1 (c) to 
this chapter: 30 29 28 27 26 25 24 23 22 21 20 
4103 90 00 00 - other 30 29 28 27 26 25 24 23 22 21 20 WT/ACC/UKR/135 
Page 10  
 
  Question 15 
Export duty on ferrous scrap (Paragraph 186 of th e Draft Report and Questions 44 of document 
WT/ACC/UKR/131):  We note that the current plans to reduce the level of the export duty for ferrous scrap to € 18 per ton as from 1 January 2007. 
Answer:
  
The draft Law of Ukraine on the reduction of th e export duty for ferrous scrap passed to the 
Verkhovna Rada with the following export duty rates: 
Code HS 96 Goods description Upon accession 1 year upon 
accession 
7204  Waste and scrap of ferrous metals, 
except for alloyed; iron and steel 
scrap ingots for re-melting, except for alloyed   
7204 10 00 00  - Waste and scrap of cast iron € 25/1 ton  € 18/1 ton  
7204 30 00 00  - Waste and scrap of tinned iron 
and steel € 25/1 ton  € 18/1 ton  
  - Other waste and scrap   
7204 41  -- Turnings, shavings, chips, 
milling waste, sawdust, filings, 
trimmings and stampings, whether 
or not in bundles   
7204 41 10 00  --- Turnings, shavings, chips, 
milling waste, sawdust and filings € 25/1 ton  € 18/1 ton  
  --- Trimmings and stampings   
7204 41 91 00  ---- in bundles € 25/1 ton  € 18/1 ton  
7204 41 99 00  ---- other € 25/1 ton  € 18/1 ton 
7204 49  -- other   
7204 49 10 00  --- fragmentized (shredded) € 25/1 ton  € 18/1 ton  
  --- Other   
7204 49 30 00  ---- in bundles € 25/1 ton  € 18/1 ton  
  ---- other   
7204 49 91 00  ---- in bundles € 25/1 ton  € 18/1 ton  
7204 49 99 00  ---- other € 25/1 ton  € 18/1 ton  
7204 50  - re-melting scrap ingots   
7204 50 90 00  -- other € 25/1 ton  € 18/1 ton  
 
Question 16 
Export duty on non-ferrous scrap - Paragraph 199 of the Draft Report and Question 42 of 
document WT/ACC/UKR/131:  We note that  the duty amounts in paragraph 199 are not 
correct.  In the Law of Ukraine No. 7565 on "On Introduction of Amendm ents to the Law on 
export Duty on Ferrous Waste and Scrap", the dut ies are set at 30 per cent as regards all types 
of metal.  
We note that the levels of export duties set fo r non-ferrous scrap in the Law of Ukraine No. 7565 
on "On Introduction of Amendments to the Law on export Duty on Ferrous Waste and Scrap" 
at 30 per cent are too high and considered prohib itive.  We urge Ukraine to further reduce the 
export duties to a non-prohibitive level.    WT/ACC/UKR/135 
 Page 11 
 
 
  Answer:   
The draft Law of Ukraine on the reduction of the export duty for non-ferrous waste and scrap passed 
to the Verkhovna Rada with the following export duty rates: 
HS 96 Description After accession 
7202 99 80 00 Ferro-chromium-nickel 30%, but not less € 0.4 per kg 
720421 Waste and scrap of alloy steel and of 
stainless steel 30%, but not less € 0.4 per kg 
7204 29 00 00 Other waste and scrap of alloy steel  30%, but not less € 0.4 per kg 
7204 50 10 00 Re-melting scrap ingots of alloy steel 30%, but not less € 0.45 per kg 
7218 10 00 00 Stainless steel in ingots and other primary 
forms 30%, but not less € 1 per kg 
7401 Copper mattes, cem ent cooper (precipitated 
copper) 30%, but not less € 0.7 per kg 
7402 00 00 00 Unrefined copper, copper anodes for 
electrolytic refining 30%, but not less € 1 per kg 
7403 12 00 00 Wire-bars 30%, but not less € 1.2 per kg 
7403 13 00 00 Billets of refined copper 30%, but not less € 1.2 per kg 
7403 19 00 00  Other refined copper 30%, but not less € 1.2 per kg 
7403 21 00 00 Copper-zinc based alloys (brass) 30%, but not less €1 per kg 
7403 22 00 00 Copper-tin based alloys (bronze) 30%, but not less € 1 per kg 
7403 23 00 00 Copper alloys, copper-nickel based alloys 
(cupro-nickel) or copper-zinc based alloys 
(nickel silver) 30%, but not less € 1.6 per kg 
7403 29 00 00 Other copper alloys (other than master alloys 
of heading 7405) 30%, but not less € 1 per kg 
7404 00 Copper waste and scrap 30%, but not less € 1 per kg 
7405 00 00 00 Master alloys of copper 30%, but not less € 1 per kg 
7406 Copper powders and flakes 30%, but not less € 1 per kg 
7414 90 00 00 Grills and netting of copper wires  30%, but not less € 1 per kg 
7415 29 00 00 Other articles of copper, not threaded 
(including spring washers) 30%, but not less € 1 per kg 
7415 39 00 00 Other articles of copper, threaded (except for 
screws for wood, other screws, bolts and 
nuts) 30%, but not less € 1 per kg 
7418 19 00 00 Common articles of copper and parts 
thereof, other 30%, but not less € 1 per kg 
7419 Other articles of copper 30%, but not less € 1 per kg 
750300 Nickel waste and scrap 30%, but not less € 5.5 per kg 
7602 00 Aluminium waste and scrap 30%, but not less € 0.4 per kg 
7802 00 00 00 Lead waste and scrap 30%, but not less € 0.3 per kg 
7902 00 00 00 Zinc waste and scrap 30%, but not less € 0.32 per kg 
8002 00 00 00 Tin waste and scrap 30%, but not less € 1.6 per kg 
8101 91 90 00 Tungsten waste and scrap 30%, but not less €10 per kg 
8108 10 90 00 Titanium waste and scrap 30%, but not less € 4 per kg 
 
- Export subsidies 
Question 17 
Paragraphs 208 and 223 of the Draft Report a nd Question 49 of document WT/ACC/UKR/131:  
We would like to maintain our proposed commitment language for  paragraphs 208 and 223:  WT/ACC/UKR/135 
Page 12  
 
  The representative of Ukraine confirmed that from the date of accession Ukraine will not 
maintain subsidies, except subsidies to shipbu ilding industry in the form of exemption from 
the import duty until 31 December 2006, including export subsidies which meet the definition of a prohibited subsidy, within the meaning of Article 3 of the Agreement on Subsidies and Countervailing Measures, and that  it will not introduce such prohibited 
subsidies in the future. The Working Party took note of this commitment. 
Answer:
  
Ukraine agrees to the removal of brackets from the commitment text.  
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS 
- Technical  barriers to trade, standards and certification  
Question 18 
As regards the Ukrainian Law "On developmen t and application of standards, technical 
regulations and conformity assessment procedur es", we have a comment regarding an Article 
and would propose the following amendments to bring these Articles in compliance with the 
TBT Agreement: 
Article 59 Paragraph 2:  The current wording "The notification for a draft technical regulation 
and/or conformity assessment procedure shall be submitted in the format and with the 
information required by the agreement or organiz ation no less than 60 calendar days before the 
relevant expert working group is scheduled to fi nalize a draft technical regulation or conformity 
assessment procedure", should be replaced by: 
"The notification for a draft technical regulatio n and/or conformity assessment procedure shall 
be submitted in the format and with the inform ation required by the agreement or organisation 
no less than 60 calendar days before the relevant expert working group is scheduled to review a 
draft technical regulation or conformity assessment procedure." 
We note Ukraine's commitment to amend the draft Law on Development and Application of 
Standards, Technical Regulations and Conformity  Assessment Procedures to take into account 
this comment.  We would be happy to see the amendment as soon as available.    
Answer:  
The extract from Article 59 Paragraph 2 as cited by th e Member relates to the Government's draft Law 
"On development and application of standards, technical regulations and conformity assessment 
procedures", which did not gain a sufficient number  of votes at the Verkhovna Rada of Ukraine and 
was rejected. 
Instead, on 1 December 2005, the Verkhovna Rada of Ukraine adopted a Law of Ukraine "On 
Standards, Technical Regulations and Conformity Assessment Procedures" prepared by S. Matvienko, 
Member of Parliament of Ukraine, whose draft Law is  aimed to bring the laws of Ukraine in the area 
of technical regulation into conformity with th e rules of the Agreement on Technical Barriers to 
Trade. 
Ukraine provides the English language version of the said Law to the Working Party Members for 
review.  WT/ACC/UKR/135 
 Page 13 
 
 
  Question 19 
Paragraph 239:  We have proposed a commitmen t language to this section and would like to see 
that agreed upon by Ukraine. 
Answer:  
In reply to commitment language suggested for the TBT section, Ukraine proposed its version of the 
commitment language in the said sphere (see an swer to Question 60 in document WT/ACC/UKR/131 
dated 22 August 2005 and para graph 240 in document WT/ACC/SPEC/UKR/5/Rev.3 dated 
24 August 2005): 
[Ukraine confirms its intention to comply with a ll provisions of the Agreement on Technical Barriers 
to Trade (TBT Agreement) on the date of its WTO accession and to abide by the provisions of the 
Code of Good Practice for the Preparation, Adoptio n and Application of Standards (i.e., Annex 3 to 
the TBT Agreement) as regards the development, a doption and application of standards that it signed 
in December 1998. 
Ukraine confirms the voluntary nature of its appli cation of all national standards except for those 
national standards that are referred to in technical  regulations approved in accordance with legislation 
intended to ensure national security, prevent deceptiv e practices, protect life and health of people, 
animals or plants, as well as protect environmen t. Standards will apply equally and in a non-
discriminatory fashion to domestic products and to products imported from WTO Member countries, 
CIS countries and non-CIS countries alike. 
Ukraine confirms its intention to review and repl ace all its national standards (i.e., former USSR 
standards) with international standards or techni cal regulations based on international standards in 
accordance with the Program of Current Standards Re view envisaged by the 2005 – 2011 Action Plan 
(the "Action Plan") to achieve full conformity of  the national system of standards and technical 
regulations in Ukraine to the WTO Agreem ent on TBT (document WT/ACC/UKR/129).  To 
guarantee the necessary degree of technical and re gulatory effectiveness to fulfil its legitimate 
objectives, while avoiding unnecessary obstacles to intern ational trade, Ukraine's process of technical 
and regulatory harmonization shall be carried out on the basis of an informed and technical process of 
standards' development and harmonization, not by means of automatic and systematic substitution of 
domestic with international standards. 
In accordance with the "Action Plan", as well as w ith the special State standardization program for 
2006 – 2010, which is being prepared in accordance with the Decree of the President of Ukraine "On 
Measures to Improve Activities in the Field of  Technical Regulation and Consumer Policy" 
No. 1105/2005 of 13 July 2005, the said standards shall all be replaced by January 2011 at the latest. 
Ukraine also reaffirms its intention in the fiel d of conformity assessment to use international 
standards, guidelines and recommendations of the In ternational Organization for Standardization as 
regards conformity validation pr ocedures in accordance with Article 5 of the WTO Agreement on 
Technical Barriers to Trade.  Ukraine would recognize and accept the results of conformity 
assessment in accordance with Article 6 of the WTO Agreement on TBT provided by conformity assessment bodies of exporting countries based on th eir confirmed adequacy and reliable technical 
competence as well as the recogn ition of the said bodies by the National Executive Authority for 
Conformity Assessment. 
Ukraine shall shorten the List of Products subject to  obligatory certification by the end of 2005 by de-
listing the products of low risk to consumers and shall notify the WTO by 1 December 2005.  Ukraine 
shall also complete the process of regulating conf ormity assessment (manufac turer's declaration of WT/ACC/UKR/135 
Page 14  
 
  conformity and third party's certif ication) as well as the voluntary certification in accordance with the 
"Action Plan" for 2005 – 2011 (document WT/ACC/UKR/129). 
By the date of its WTO accession, Ukraine shall have  introduced relevant changes to its laws in the 
field of conformity assessment envisioning the partic ipation of competent authorities in the field of 
conformity assessment located in the territories of other WTO Members, implementation of national 
conformity assessment procedures, recognition a nd acceptance of conformity assessment results 
provided by bodies in exporting countries by the National Executive Authority for Conformity Assessment. This would the entry into agreem ents with conformity assessment bodies of other 
countries, acceptance and non-discriminatory review of accreditation applications from conformity assessment bodies located in the territories of ot her WTO Members, acceptance of results and 
conformity assessments provided by technically competent authorities in  accordance with the 
established procedure based on international sta ndards, guidelines and recommendations, recognition 
of the equivalence of technical regulati ons and conformity assessment procedures. 
Ukraine shall not use standards, technical regul ations and conformity assessment procedures in a 
manner that would be restrictive to international trade, prohibitive of imports, and discriminatory of 
individual exporters and suppliers.  Ukraine shall use the same standards, technical regulations and 
conformity assessment procedures for imported and domestic goods. 
At the request of WTO Members, Ukraine shall hold consultations and meetings to discuss any issue 
related to the application of standards, technical  regulations and conformity assessment procedures 
that are stipulated by the TBT Agreement and may ha ve a negative impact on international trade.  In 
particular, upon its WTO accession, Ukraine sha ll ensure a national mechanism for ongoing 
information and holding of consultations with na tional and regional executive authorities as well as 
with stakeholders representing its private sector as  regards rights and obligations in accordance with 
the General Agreement on Tariffs and Trade 199 4 and the Agreement on Technical Barriers to 
Trade.] 
Question 20 
We also urge Ukraine to submit the remaining three requested technical regulations bilaterally 
and to the Working Party:  (1) high pressure e quipment, (2) machine and mechanism safety and 
(3) lifts.  
Answer:
 
By the next meeting of the Working Party, Ukraine will submit the above-mentioned technical 
regulations for review. 
- Sanitary and phytosanitary measures  Question 21 Paragraph 253 of the Draft Report and Question 61 of document WT/ACC/UKR/131:  We 
would propose the following commitm ent language for the SPS section: 
The representative of Ukraine stated that from the date of accession to the WTO his 
Government would apply all its sa nitary requirements consistently with the requirements of the 
WTO Agreements on SPS and Import Licens ing Procedures without recourse to any 
transitional arrangements.  He added that Ukraine would not require additional certification or sanitary registration for products which have  been certified as safe for human use and 
consumption by national competent bodies, and Ukraine would ensure that from the date of  WT/ACC/UKR/135 
 Page 15 
 
 
  accession its criteria for granting prior authoriz ation or securing the required certification for 
imported products would be published and availabl e to traders.  He confirmed that sanitary 
and other certification requirements in Ukraine were administered in a transparent and expeditious manner, and that his Government would be willing to consult with WTO Members concerning the effect of these requirements on their trade with a view to resolving specific 
problems.  The Working Party took note of these commitments. 
We have replaced the previous wording "reco gnized foreign or international bodies" by 
"national competent bodies", to make it more clear.  
Answer:
 
Ukraine does not object to replacement of wordi ng "recognised foreign or international bodies" by 
"national competent bodies". 
- Trade-related investment measures  
Question 22 Paragraph 257 of the Draft Report and Question 62 of document WT/ACC/UKR/131:  We 
would like to have the brackets removed fr om the commitment text of paragraph 257. 
Answer:
  
Ukraine agrees to have the brackets removed from the commitment text of paragraph 257. 
"The representative of Ukraine confirmed that fro m the date of accession, Ukraine would apply its 
investment regime in compliance with the releva nt provisions of the WTO, including the Agreement 
on Trade-Related Investment Measures,  and  in a non-discriminatory manner - to imports from all 
WTO Members and to domestically produced goods.  The Working Party took note of this 
commitment". 
- State-trading entities  
Question 23 Paragraph 261:  We would like to point out several discriminatory measures introduced this 
year in favour of a State owned Enterprise Khlib Ukrainy (KU): 
According to Decision of the Cabinet of Ministers No. 295 dated 29 July 2005 measures for 
stabilisation of the local grain market envisioned  that state tax administration reimburses VAT 
to state owned enterprises KU and the State Procurement Fund (SPF) on preferential terms:  the claim for refund was to be satisfied within three days compared to the normal term of 90 
days.  These two companies were also excused fr om paying for certain services of transportation 
companies. Furthermore, the Transport Mini stry was ordered to reduce its port and 
transportation fees for handling grain exports of KU and SPF. According to our information 
State Customs Service and the Ministry of Transport have also been requested to open 24-hour customs gates for KU and SPF on the territory of KU's branch companies in Odessa and 
Mykolaiv ports.  SPF was also ordered to buy  grain at prices not lower than 10 per cent 
compared to the minimal prices dete rmined by the Agrarian Ministry. 
We would urge Ukraine to abolish all these, and other possible measures that favour State 
Trading Enterprises to the detriment of other companies at latest upon accession. We would WT/ACC/UKR/135 
Page 16  
 
  also like to have a commitment from Ukraine th at no such discriminatory measures will be 
introduced in the future. 
Answer:
  
In fact, pursuant to Resolution No. 295- р of the Cabinet of Ministers of Ukraine, dated 29 July 2005, 
"On Measures aimed to stabilize Pric es in the Grain Market and to ensure Grain Production without 
Losses" were special conditions established for State ag ents on the grain market. However, in order to 
reinvigorate exports of grain, later there was passed Resolution No. 375- р of the Cabinet of Ministers 
of Ukraine on 31 August 2005, whereby all ent ities operating on the grain market had equal 
conditions.  This Resolution repealed all rules and measures that were intended for the interests of 
State trading enterprises (in this case, for the St ate-owned enterprises "Joint Stock Company 'Khlib 
Ukrainy'").  
The Government of Ukraine will comply with its laws and rules that regulate trading activities of 
State-owned enterprises and other enterprises, which are granted special or exclusive privileges, and 
will in general act in full compliance with the pr ovisions of the WTO Agreements, in particular 
Article XVII GATT 1994 and the Agreement on the Interp retation of this Article and Article VIII of 
the GATS, as well as Articles III and XI GATT 1994.  Pursuant to the Agreement on the 
Interpretation of Article XVII of GATT 1994, Uk raine undertakes to provide information on State 
trading enterprises in order to ensure transpar ency in activities of State trading enterprises. 
- Free zones, special economic areas 
Question 24 Paragraph 274 of the Draft Report and Question  63 of document WT/ACC/UKR/131:  We note 
that Ukraine is considering the reintroduction of Special Economic Zones. We would like to 
remind Ukraine that these should be in conformity with WTO rules (namely tax and other privileges granted to investors in SEZs must not be contingent upon exports or the use of locally 
produced material or parts). 
We prefer the commitment language of the fi rst paragraph of 274 and would like to have all 
brackets to be removed from the commit ment text of first paragraph of 274. 
Answer:
  
Ukraine agrees to have the brackets removed from the commitment text of the first paragraph of 274.  
"The representative of Ukraine confirmed that the free zones or free ec onomic zones would be 
administered in compliance with WTO provisions  upon accession, and that goods produced in these 
zones pursuant to tax and tariff rules exempt im ports and imported inputs from tariffs and certain 
taxes would be subject to normal customs formalities when entering the rest of Ukraine including the  
application of tariffs and taxes.  The Work ing Party took note of these commitments."  WT/ACC/UKR/135 
 Page 17 
 
 
  V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
- GENERAL - Application of national and MF N treatment to foreign nationals 
Question 25 Question 64 of document WT/ACC/UKR/131:  We note that Article 8.2 a) of the Law "On 
Protection of Rights to Indications of Origin of Goods" leaves little room for an interpretation 
consistent with WTO rules when requiring the conclusion of agreements regarding reciprocal protection with relevant foreign countries as a precondition for granting GI protection to 
foreign GIs in Ukraine.  Therefore we would urge  Ukraine to modify this Article so that it 
excludes the applicability of the requirement of an agreement on reciprocity with respect to 
WTO Members. We propose a following text for Article 8.2.a): 
Article 8. 2. (a)  The foreign country is not a WTO Memb er or Ukraine has not concluded a relevant 
agreement with the foreign country regarding  reciprocal protection of this type of 
indications of origin. 
We note Ukraine's comment that amendments  to the Law "On Protection of Rights to 
Indications of Origin of Goods" are in prepar ation to address the proposed change. We would 
be happy to see the draft amendments as soon as  available. Could Ukraine give any indication 
when this would be available?  
Answer:
 
A draft Law of Ukraine "On Amendments to Intellect ual Property Legislation" has been prepared in 
order to bring Ukrainian law into conformity with EU  legislation.  In the part relating to amendments 
to legislation dealing with protection of rights to  geographic inductions, the said draft Law contains 
the following rule: 
 "The indication relating to the geographic locality in a foreign state shall not be suitable for 
acquiring rights to a geographic indication in the event that: 
 - rights to such a geographic indication are not protected in the concerned foreign state; 
 - the laws of the foreign state do not provide for an opportunity to protect rights to 
Ukrainian geographic indications." 
Such rule is in fact an analogy of Article 8.2 a) of the effective Law "On Protection of Rights to 
Indications of Origin of Goods" in the version suggested by the Member and complies with clause 1 of Article 12 in Council Regulation ( ЕЕС ) No. 2081/92 of 14 July 1992. WT/ACC/UKR/135 
Page 18  
 
  - SUBSTANTIVE STANDARDS OF PROTECTION, INCLUDING PROCEDURES 
FOR THE ACQUISITION AN D MAINTENANCE OF INTELLECTUAL PROPERTY 
RIGHTS 
- Geographical indications, including appellations of origin Question 26 
Question 65:  We note that Article 8.2 a) of the Law "On Protection of Rights to Indications of 
Origin of Goods" leaves little room for an in terpretation consistent with WTO rules when 
requiring the conclusion of agreements regarding reciprocal protection with relevant foreign countries as a precondition for granting GI protecti on to foreign GIs in Ukraine.  Therefore we 
would urge Ukraine to modify this Article so  that it excludes the applicability of the 
requirement of an agreement on reciprocity with respect to WTO Members. We propose a 
following text for Article 8.2.a): 
Article 8. 2. (a)  The foreign country is not a WTO Memb er or Ukraine has not concluded a relevant 
agreement with the foreign country regarding  reciprocal protection of this type of 
indications of origin 
We note the comment of Ukraine that amendmen ts to the Law "On Protection of Rights to 
Indications of Origin of Goods" are in preparat ion to address the proposed change.  We would 
be happy to see the draft amendments as available.  Could Ukraine give any indication when this 
would be available?  
Answer:
 
The draft Law of Ukraine "On Amendments to Intell ectual Property Legislation" has been prepared in 
order to bring Ukrainian law into conformity with EU  legislation.  In the part relating to amendments 
to legislation dealing with protection of rights to  geographic inductions, the said draft Law contains 
the following rule: 
 "The indication relating to the geographic locality in a foreign state shall not be suitable for 
acquiring rights to a geographic indication in the event that: 
 - rights to such a geographic indication are not protected in the concerned foreign state; 
 - the laws of the foreign state do not provide for an opportunity to protect rights to 
Ukrainian geographic indications." 
Such rule is in fact an analogy of Article 8.2 a) of the effective Law "On Protection of Rights to 
Indications of Origin of Goods" in the version suggested by the Member and complies with clause 1 
of Article 12 in Council Regulation ( ЕЕС ) No. 2081/92 of 14 July 1992. 
-  Requirements on undisclosed information,  including trade secrets and test data 
Question 27 Paragraph 346 of the Draft Report and Question 66 of document WT/ACC/UKR/131:  The 
proposed commitment language should be the same text as in paragraph 344.   WT/ACC/UKR/135 
 Page 19 
 
 
  Answer:  
Ukraine agrees to this proposed commitment language. 
- ENFORCEMENT 
-  Provisional measures 
Question 28 
We would like to see the following commitmen ts added to the end of this section: 
Preservation of evidence - Paragraph 360 of th e Draft Report and Question 67 of document 
WT/ACC/UKR/131:  The representative of Ukrain e confirmed that, in order to ensure that 
evidence of intellectual property rights can be  preserved, Ukraine will establish a judicial 
procedure whereby, even before the commencement of proceedings on the merits of a case on intellectual property rights infringement, the comp etent judicial authorities may, on application 
by a party who has presented reasonably available evidence to support his/her claims that 
his/her intellectual property right has been infrin ged or is about to be infringed, order prompt 
and effective provisional measures to preserv e relevant evidence in respect of the alleged 
infringement, subject to the protection of confidential information. 
Ukraine has proposed wording "pass rulings ordering prompt and effective provisional 
measures".  
Could Ukraine explain why it wants a wording "pass rulings" instead of "order"? We would 
like to stress that it is important that the pro cedure will be swift, and "passing rulings" should 
not indicate long and time consuming procedures.  
Answer:
 
Pursuant to the effective Ukrainian law that lays  down procedures for judicial proceedings, a petition 
for preventive measures (securing of a claim) is to be  considered by the concerned court not later than 
within two days following the filing of such a pe tition, and based on findings as a result of such 
consideration of the petition the court issues (p asses) a ruling (Article 43(4) of the Code of 
Commercial Procedure of Ukraine, and Article 153 of the Code of Civil Procedure of Ukraine). 
Question 29 
Paragraph 361:  We would propose the following text for this paragraph: 
"Such measures shall include discovery and exam ination of written and material evidence, 
examination by the court of evidence immediatel y at the place of location thereof, examination 
of premises, in which actions relating to infrin gements took place, seizure of the infringing 
goods, material and implements used in the produc tion and/or distribution of such goods, and in 
appropriate cases, other property owned or held by a person against whom the provisional measures have been taken, or other persons". 
Answer:
 
Ukraine agrees to the proposed changes. WT/ACC/UKR/135 
Page 20  
 
  Question 30 
Paragraph 362:  We have the same reservation as regards the wording "pass the ruling" as 
expressed above in context of paragraph 360. 
Answer:
 
Pursuant to the effective Ukrainian law that lays  down procedures for judicial proceedings, a petition 
for preventive measures (securing of a claim) is to be  considered by the concerned court not later than 
within two days following the filing of such a pe tition, and based on findings as a result of such 
consideration of the petition the court issues (p asses) a ruling (Article 43(4) of the Code of 
Commercial Procedure of Ukraine, and Article 153 of the Code of Civil Procedure of Ukraine). 
Question 31 
Paragraph 363:  Preventive measures - we would propose following texts to some parts of this 
paragraph: 
 The representative of Ukraine confirme d that Ukraine will establish a judicial 
procedure that will allow right holders to obtain preventive measures in case of 
allegation of intellectual property right infringement. 
1)  In particular, (i) Ukraine shall ensure that the judicial authorities may, at the request of 
the applicant:  
(a)  take measures to secure a claim through sei zure of property or funds owned or held by 
the defendant or other persons; to forbid, on a provisional basis and subject, where 
appropriate, to a recurring penalty payment, the continuation of the alleged infringements of that right, or to make su ch continuation subject to the lodging of 
guarantees intended to ensure the compensation of the right-holder; prohibit other 
persons to make payments or transfer property to the defendant; suspend the sale of the seized property, if a claim is filed with respect to the right of ownership to such property or exclusion of such property from the list of  seized property.  Persons, who are guilty of 
violating the prohibition to take certain ac tions or transfer property to the defendant, 
may be subjected to a fine by a ruling of the court.  In addition, the plaintiff may recover damages caused by th e failure to comply with the ruling securing the claim. 
Such measures may be taken against an intermed iary whose services are used by a third 
party to infringe intellectual property rights, in particular to infringe a copyright or a 
related right.   
And as regards point (v): (v)  In establishing such procedures, Ukrain e will preserve the rights of the defendant by 
ensuring that: 
 (b)  the preventive measures, referred to under 1) and 2) are revoked or otherwise 
cease to have effect, upon request of the defendant, if the applicant does not institute proceedings leading to a decision on the merits of the case before the 
competent judicial authority within ten wo rking days from the date on which the 
ruling ordering the preventive measures was passed.  WT/ACC/UKR/135 
 Page 21 
 
 
  Answer:  
Ukraine agrees to the proposed changes, subj ect to the following reservation remark: given 
characteristics of the terminology contained in Article  151 of the Code of Civil Procedure of Ukraine 
and Section 4- А of the Code of Commercial Procedure of  Ukraine, we suggest adding "measures 
aimed to secure a claim" after the words "preventive measures". 
- Special border measures 
Question 32 
Paragraph 372 of the Draft Report and Questio n 68 of WT/ACC/UKR/131:  We would insist of 
maintaining the obligation to reduce the fees charge d from right-holders to lodge applications to 
a level that would not create an obstacle for resorting to these procedures.  Therefore we would 
insist on the following text: 
 The representative of Ukraine confirmed that by accession, Ukraine will change its 
customs legislation to include the possibility of an ex officio action of the customs 
authorities against suspected intellectual property infringers.  Ukraine will also reduce the fees charged from right-holders to lodge applications to a level that shall not unreasonably deter recourse to these procedures. 
Answer:
  
Ukraine agrees to this proposed commitment language. 
 
__________