RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/UKR/124 
16 December 2004 
 
 (04-5545) 
Working Party on the 
Accession of Ukraine Original:   English 
 
  
ACCESSION OF UKRAINE 
 
Check-list of Illustrative Sanitary and Phytosanitary (SPS) and 
 
Technical Barriers to Trade (TBT) Issues  
 
 
 The following submission, dated 6 December 2004, is being circulated at the request of 
the Delegation of Ukraine. 
  
_______________ 
  
 WT/ACC/UKR/124 
Page 2 Commitments (by the time of accession) WTO Reference Draft Law of Ukraine "On 
Introducing Changes to the 
Law of Ukraine 'On 
Veterinary Medicine'" Draft Law of Ukraine "On 
Introducing Changes to the Law 
of Ukraine 'On Plant 
Quarantine' " Draft Law of Ukraine "On 
Introducing Changes to the Law of 
Ukraine 'On the Quality and Safety 
of Food Products and Food Raw 
Materials'" 
1. Standstill:  the introduction of new 
standards, animal health regulations and 
food safety regulations shall conform to SPS Agreement principles. 1. Generally agreed 
principle in WTO 
accession negotiations.    
2. Establishment and operation of a single 
Contact Point for In formation ("enquiry 
point"). 2. Article 7 and 
Annex B.3. Cabinet of Ministers of 
Ukraine draft Resolution on the Centre for Processing Enquiries and Providing 
Notifications Regarding SPS 
Measures (the enquiry and notification centre referred to 
in the Law "On Veterinary 
Medicine") at the Ministry of Economy and European 
Integration Cabinet of Ministers of Ukraine 
draft Resolution on the Centre for Processing Enquiries and 
Providing Notifications 
Regarding SPS Measures (the 
enquiry and notification centre referred to in the Law "On Plant 
Quarantine") at the Ministry of 
Economy and European Integration Cabinet of Ministers of Ukraine 
draft Resolution on the Centre for Processing Enquiries and Providing Notifications Regarding SPS 
Measures (the enquiry and 
notification centre referred to in the Law "On the Quality and Safety of 
Food Products and Food Raw 
Materials") at the Ministry of Economy and European Integration 
  
  WT/ACC/UKR/124
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Commitments (by the time of accession) WTO Reference Draft Law of Ukraine "On Introducing Changes to the Law of Ukraine 'On Vet erinary Medicine'" 
3. Transparency:  notification and access to 
documentation: 3. Articles 7 and 
Annex B, Also 
G/SPS/7. Article 22: Notifying Proposed Veterinary-Sanitary Measures 
 (a) identification of authority 
responsible for making notifications to the WTO and ensuring 
transparency obligations are met on 
an ongoing basis;  (a) Annex 
B.5.(b) and Annex B.10. Paragraph 1, item 2: 
 When a proposed veterinary-sanitary measure is expected to significantly affect the exporting 
opportunities of other countries, the Department shall prepare a relevant notification to be sent to 
interested trading partners through the centre for processing enquiries and notifications regarding veterinary-sanitary measures (hereinaft er: enquiry and notification centre). 
 (b) establish guidance or law requiring 
publication of proposed measures at 
an early stage for comment;  (b) Annex 
B.5(a). Paragraph 2: 
 
The notice referred to in item 2 of paragraph 1 of this Article shall be submitted no less than 60 days before adoption of the proposed veterinary-sanitary measure.  The notice shall be prepared in the format 
required by the relevant international organisations or international agreements to which Ukraine is a 
party and shall include the commodities to be covered and/or affected by the veterinary-sanitary measure together with a brief indication of the objective and rationale of the proposed measure. 
 (c) provision in law or administrative 
procedure to provide copies of 
proposed measures to WTO Members; and  (c) Annex 
B.5.(c). Paragraph 3: 
 
When requested in writing by a person or interested trading partners, the Department shall provide the text of the proposed veterinary-sanitary measure and, whenever possible, identify the parts which in 
substance deviate from international standards, guidelines and recommendations. 
 (d) require in law or administrative 
procedure, a reasonable period of time for comment from Members 
and the public, and establishment of 
a process to take comments into account without discrimination.  (d) Annex 
B.5(d). Paragraph 4: 
 Upon written request of an person or interested trading partners, prior to finalizing the veterinary-
sanitary measure, the Department shall discu ss comments that were received, and, without 
discrimination, take those into account when preparing the final draft of the veterinary-sanitary measure. 
 
Paragraph 2:  The notice referred to in item 2 of paragraph 1 of this Article shall be submitted no less than 60 days 
before adoption of the proposed veterinary-sanitary measure. The notice shall be prepared in the format 
required by the relevant international organisations or international agreements to which Ukraine is a party and shall include the commodities to be covered and/or affected by the veterinary-sanitary 
measure together with a brief indication of the objective and rationale of the proposed measure.  
 WT/ACC/UKR/124 
Page 4 Commitments (by the time of accession) WTO Reference Draft Law of Ukraine "On Introducing Changes to the Law of Ukraine 'On Vet erinary Medicine'" 
4. Necessity: measures are applied only to 
the extent necessary to protect human, 
animal or plant health. 4. Article 2.2. Article 24: Principles for Applying Veterinary-Sanitary Measures - Paragraph 1, item 1: 
  
Veterinary-sanitary measures shall be applied only to the extent necessary to fulfil the objectives referred to in Article 16 of this Law; 
 
Article 16: Objectives and Goals of Veterinary-Sanitary Measures 
 The Department shall undertake appropriate and necessary veterinary-sanitary measures to fulfil the 
following objectives: 
 
Protecting animal life and health from the risks resulting from the entry, establishment or spread of animal diseases, animal disease-carrying, or an imal disease-causing organisms into Ukraine or 
minimizing those risks; 
Protecting human life and health from the risks resulting from the entry, establishment or spread of zoonoses, zoonoses-carrying, or zoonoses-causing organisms or minimizing those risks; and 
Protecting animal life and health from the risks resulting from the existence of contaminants and animal 
disease-causing organisms in non-edible products of animal origin and feed. 
5. Regulations Based on Science:  
regulations governing animal and plant 
health and food safety shall be based on scientific evidence. 5. Articles 2.2, 3.3 
and 5.2. Article 18: Preparing, Reviewing, Revising and Adopting Veterinary-Sanitary Measures - Paragraph 1, 
item 1: 
 Subject to the provision of item 4 of this paragraph, all veterinary-sanitary measures shall be based on 
scientific principles and available scientific evidence, including relevant processes and production 
methods; relevant inspection, sampling, and testing methods; prevalence of specific animal diseases; existence of zones that are free of or have low prevalence of animal diseases; relevant ecological and 
environmental conditions; and preventive animal quarantine or other treatment. 
 Paragraph 1, item 4: 
 
When scientific evidence needed for risk analysis is insufficient, or in urgent circumstances, veterinary-sanitary measures shall be prepared on the basis of available relevant information obtained from the relevant international organisations or the veterinary-sanitary measures employed by interested trading partners. 
6. Harmonization:  to the extent possible, 
members shall follow international standards, guidelines, and 
recommendations in establishing SPS 
measures. 6. Articles 3.1, 3.3 
and 3.4. Paragraph 1, item 2: 
 All veterinary-sanitary measures shall be based on international standards, guidelines, and 
recommendations of the relevant international organisations. 
7. Equivalence: members shall recognize 
different measures that achieve the same 
level of protection. 7. Article 4. Paragraph 4: 
 
When preparing, reviewing, revising, and adopting ve terinary-sanitary measures, relevant measures in 
another country shall be considered equivalent to those of Ukraine, and consequently accepted, if the other country shows in an objective manner that its measures achieve the same or higher level of 
protection of animal health and life as is required by Ukraine.  
  WT/ACC/UKR/124
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8. Risk Assessment:  developing scientific 
evidence and conducting risk 
assessments to ensure that measures are based on science and applied only to the 
extent necessary to protect health. 8. Article 5.1, 5.2 
and 5.3. Paragraph 1, item 3: 
 
In case international standards, guidelines, and recommendations do not exist or are insufficient to fulfil the appropriate level of animal and related human health protection, veterinary-sanitary measures shall 
be prepared following a risk analysis using the methodology developed by the relevant international 
organisations. 
9. Regional conditions: measures take into 
account the regional characteristics both 
of the areas from which products 
originate and the areas for which they are destined. 9. Article 6 and 
Annexes A.6 and 
A.7. Paragraph 2: 
 
When preparing, reviewing, revising, and adopting veterinary-sanitary measures applicable to imported 
commodities, the Department shall take into account Ukraine’s veterinary-sanitary status relative to that of the country of origin of commodities. 
10. Non-discrimination:  measures do not 
arbitrarily or unjustifiably discriminate 
between different members or between 
domestic and foreign suppliers. 10. Article 2.3, and 
Annex C.1(a) and 
(d). Paragraph 3: 
 
When preparing, reviewing, revising, and adopti ng veterinary-sanitary measures, arbitrary or 
unjustifiable discrimination shall be prohibited between interested trading partners exporting to Ukraine when Ukraine and the country of origin of commodities or when one country of origin relative to 
another country of origin have identical or similar veterinary-sanitary status. 
11. Control, inspection and approval 
procedures:  ensure that procedures, 
including systems for approval of the 
use of additives or for establishing tolerances for contaminants in foods, 
beverages or feedstuffs comply with the 
Agreement. 11. Article 8 and 
Annex C. Article 26: Control, Inspection, and Approval Procedures 
 
The Department shall ensure, with respect to any procedure to check and ensure the fulfilment of the 
requirements of veterinary-sanitary measures, that:  
 - Such procedures conform to the standards, recommendations, and guidelines of the relevant 
international organisations; 
 - Such procedures are executed expeditiously and without unjustifiable delay; 
 - Sampling requirements for control, inspection, and approval procedures are limited to what is 
reasonable and necessary; 
 - The applicant requesting control, inspection and approval procedures must be immediately 
informed of any deficiencies in the application so as to avoid any delay and even if there are 
deficiencies in the application, the procedures shall be undertaken as far as practicable upon 
the request of the applicant; 
 - The expected time for completing such procedures shall be communicated to the applicants 
upon their request; 
 - The results of the procedure shall be promptly transmitted in written form to the applicant and 
in a complete manner; 
 - Such procedures shall be applied equally to objects subject to state veterinary-sanitary control 
and supervision of foreign as well as Ukrainian origin; 
 - All adopted procedures, including procedures to ensure that a product that has been changed 
(treated, processed or otherwise changed) continues to meet requirements of veterinary-
sanitary measures, as well as the information required to conduct control, inspection, and 
approval procedures must be limited to what is necessary for the fulfilment of the veterinary-sanitary measures; 
 - Confidentiality of provided information shall be respected in order to protect the commercial 
interests of the applicants;  
 WT/ACC/UKR/124 
Page 6 Commitments (by the time of accession) WTO Reference Draft Law of Ukraine "On Introducing Changes to the Law of Ukraine 'On Vet erinary Medicine'" 
 - The fees collected for control, inspection, and approval procedures for imported commodities 
shall be equitable in relation to those for domestic commodities and not exceed the 
approximate cost of the service rendered; 
 - The sampling procedure and requirements associated with use of particular facilities for 
carrying out control, inspection, and approval procedures shall minimize inconvenience and be 
equitable for all objects subject to state veterinary-sanitary control and supervision, regardless 
of whether they are imported or of domestic origin; and 
 - A procedure for reviewing complaints concerning the operation of control, inspection, and 
approval procedures shall be established, including means to take corrective action when a 
complaint is justified. 
 The relevant body of state power shall issue the necessary sub-legal acts for the execution of this 
Article. The Cabinet of Ministers of Ukraine shall establish the level of fees, if any, to be collected for 
control, inspection, and approval procedures, according to the provisions of Article 99 of this Law.  
Article 99: Fees for Services Rendered 
 All fees charged in connection with any administrative procedure laboratory analysis, expertise, control 
or other procedure required in connection with this Law shall be equal to the actual cost of the service 
rendered plus a reasonable rate of return. 
 
 
 
  
  WT/ACC/UKR/124
 Page 7Plant Health Legislation  
 
Commitments (by the time of accession) WTO Reference Draft Law of Ukraine "On Introducing Changes to the Law of Ukraine 'On Pla nt Quarantine'" 
3. Transparency: notification and access to 
documentation: 3. Articles 7 and 
Annex B, Also 
G/SPS/7. Article 20: Notifying Proposed  phytosanitary Measures 
 (a) identification of authority 
responsible for making notifications to the WTO and ensuring 
transparency obligations are met on 
an ongoing basis;  (a) Annex 
B.5.(b) and Annex B.10. Paragraph 1, item 2: 
 When a proposed phytosanitary measure is expected to significantly affect the exporting opportunities 
of other countries, the Chief State Inspectorate for Plant Quarantine of Ukraine shall prepare a relevant 
notification to be sent to interested trading partners through the centre for processing enquiries and notifications regarding phytosanitary measures (hereinafter: enquiry and notification centre). 
 (b) establish guidance or law requiring 
publication of proposed measures at 
an early stage for comment;  (b) Annex 
B.5(a). Paragraph 2: 
 
The notice referred to in item 2 of paragraph 1 of this Article shall be submitted no less than 60 days before adoption of the proposed phytosanitary measure. The notice shall be prepared in the format 
required by the relevant international organisations or relevant international agreements to which 
Ukraine is a party and shall include the plants, plant products, and other regulated articles to be covered and/or affected by the phytosanitary measure together with a brief indication of the objective and 
rationale of the proposed measure. 
 (c) provision in law or administrative 
procedure to provide copies of proposed measures to WTO 
Members; and  (c) Annex 
B.5.(c). Paragraph 3: 
 When requested in writing by an person or interested trading partners, the Chief State Inspectorate for 
Plant Quarantine of Ukraine shall provide the text of the proposed phytosanitary measure and, whenever 
possible, identify the parts which in substance deviate from international standards, guidelines and recommendations. 
 (d) require in law or administrative 
procedure, a reasonable period of 
time for comment from Members and the public, and establishment of 
a process to take comments into 
account without discrimination.  (d) Annex 
B.5(d). Paragraph 4: 
 
Upon written request of a person or interested trading partners, prior to finalizing the phytosanitary measure, the Chief State Inspectorate for Plant Quarantine of Ukraine shall discuss comments that were 
received, and, without discrimination, take those into account when preparing the final draft of the 
phytosanitary measure.  Paragraph 2 
 
The notice referred to in item 2 of paragraph 1 of this Article shall be submitted no less than 60 days before adoption of the proposed phytosanitary measure.  The notice shall be prepared in the format 
required by the relevant international organisations or relevant international agreements to which 
Ukraine is a party and shall include the plants, plant products, and other regulated articles to be covered and/or affected by the phytosanitary measure together with a brief indication of the objective and 
rationale of the proposed measure  
 WT/ACC/UKR/124 
Page 8 Commitments (by the time of accession) WTO Reference Draft Law of Ukraine "On Introducing Changes to the Law of Ukraine 'On Pla nt Quarantine'" 
4. Necessity:  measures are applied only to 
the extent necessary to protect human, 
animal or plant health. 4. Article 2.2. Article 22: Principles for Applying Phytosanitary Measures - Paragraph 1, item 1: 
 
 - Phytosanitary measures shall be applied only to the extent necessary to fulfil the objectives 
referred to in Article 14 of this Law. 
 
Article 14:  Objectives and Goals of Phytosanitary Measures 
 The central body of executive power on agrarian policy issues shall undertake appropriate and 
necessary phytosanitary measures to fulfil the following objectives: 
 
 - Protect plant life and health in the territory from the risks resulting from the entry, 
establishment or spread of hazardous organisms in the territory of Ukraine, or minimizing 
those risks; and 
 - Preventing or limiting any other damages caused as a result of the entry or the spread of 
hazardous organisms. 
5. Regulations Based on Science: 
regulations governing animal and plant health and food safety shall be based on 
scientific evidence. 5. Articles 2.2, 3.3 
and 5.2. Article 16: Preparing, Reviewing, Revising and Adopting Phytosanitary Measures - Paragraph 1, item 
1:  
Subject to the provision of item 4 of this paragr aph, all phytosanitary measures shall be based on 
scientific principles and available scientific evidence, including relevant processes and production methods; relevant inspection, sampling, and testing methods; prevalence of specific hazardous 
organisms; existence of zones that are free of or have low prevalence of hazardous organisms; relevant 
ecological and environmental conditions; and quarantine or other treatment.  
Paragraph 1, item 4: 
 When scientific evidence needed for risk analysis is insufficient, or in urgent circumstances, 
phytosanitary measures shall be prepared on the basis of available relevant information, obtained from 
the relevant international organisations, or the phytosanitary measures employed by interested trading partners. 
6. Harmonization: to the extent possible, 
members shall follow international 
standards, guidelines, and 
recommendations in establishing SPS measures. 6. Articles 3.1, 3.3 
and 3.4. Paragraph 1, item 2:  
 
All phytosanitary measures shall be based on international standards, guidelines, and recommendations 
of the relevant international organisations. 
7. Equivalence: members shall recognize 
different measures that achieve the same level of protection. 7. Article 4. Paragraph 4: 
 When preparing, reviewing, revising, and adoptin g phytosanitary measures, relevant measures in 
another country shall be considered equivalent to those of Ukraine, and consequently accepted, if the 
other country shows in an objective manner that its measures achieve the same or higher level of 
protection of plant health and life as is required by Ukraine.  
  WT/ACC/UKR/124
 Page 9Commitments (by the time of accession) WTO Reference Draft Law of Ukraine "On Introducing Changes to the Law of Ukraine 'On Pla nt Quarantine'" 
8. Risk Assessment: de veloping scientific 
evidence and conducting risk 
assessments to ensure that measures are based on science and applied only to the 
extent necessary to protect health. 8. Article 5.1, 5.2 
and 5.3. Paragraph 1, item 3: 
 
In case international standards, guidelines, and recommendations do not exist or are insufficient to fulfil the appropriate level of plant health protection, phytosanitary measures shall be prepared on the basis of 
risk analysis using the methodology developed by the relevant international organisations. 
9. Regional conditions: measures take into 
account the regional characteristics both of the areas from which products 
originate and the areas for which they 
are destined. 9. Article 6 and 
Annexes A.6 and A.7. Paragraph 2: 
 When preparing, reviewing, revising, and adopting phytosanitary measures applicable to plants, plant 
products, and other regulated articles presented fo r import, Ukraine’s status of hazardous organisms 
relative to that of the country of origin of plants, plant products, and other regulated articles shall be taken into account. 
10. Non-discrimination:  measures do not 
arbitrarily or unjustifiably discriminate 
between different members or between 
domestic and foreign suppliers. 10. Article 2.3, and 
Annex C.1(a) and 
(d). Paragraph 3: 
 
When preparing, reviewing, revising, and adopting phytosanitary measures, arbitrary or unjustifiable 
discrimination shall be prohibited between interested trading partners exporting to Ukraine when Ukraine and the country of origin of plants, plant products, and other regulated articles or when one 
country of origin relative to another country of origin have identical or similar status of hazardous 
organisms. 
11. Control, inspection and approval 
procedures: ensure that procedures, 
including systems for approval of the use of additives or for establishing 
tolerances for contaminants in foods, 
beverages or feedstuffs comply with the Agreement. 11. Article 8 and 
Annex C. Article 24: Control, Inspection, and Approval Procedures 
 
The Chief State Inspectorate for Plant Quarantine of Ukraine shall ensure, with respect to any procedure to check and ensure the fulfilment of the requirements of phytosanitary measures, that: 
 
 - Such procedures conform to the standards, recommendations, and guidelines of the relevant 
international organisations; 
 - Such procedures are executed expeditiously and without unjustifiable delay; 
 - Sampling requirements for control, inspection, and approval procedures are limited to what is 
reasonable and necessary; 
 - The applicant requesting control, inspection and approval must be immediatly informed of any 
deficiencies in the application so as to avoid any delay and even if there are deficiencies in the 
application, the procedures shall be undertaken as far as practicable upon the request of the applicant; 
 - The expected time for completing such procedures shall be communicated to the applicant 
upon their request; 
 - The results of the procedure shall be promptly transmitted in written form to the applicant and 
in a complete manner; 
 - Such procedures shall be applied equally to plants, plant products, and other regulated articles 
of foreign as well as Ukrainian origin; 
 - All adopted procedures, including procedures to ensure that a regulated article that has been 
changed (treated, processed or otherwise changed) continues to meet requirements of 
phytosanitary measures, as well as the information required to conduct control, inspection, and approval procedures must be limited to what is necessary for the fulfilment of the 
phytosanitary measures; 
 - Confidentiality of provided information shall be respected in order to protect the commercial  
 WT/ACC/UKR/124 
Page 10 Commitments (by the time of accession) WTO Reference Draft Law of Ukraine "On Introducing Changes to the Law of Ukraine 'On Pla nt Quarantine'" 
interests of the applicants; 
 - The fees collected for control, inspection, and approval procedures for plants, plant products, 
and other regulated articles in consignments presented for import shall be equitable in relation to those for domestic plants, plant products, and other regulated articles and not exceed the 
approximate cost of the service rendered; 
 - The sampling procedure and requirements associated with use of particular facilities for 
carrying out control, inspection, and approval procedures shall minimize inconvenience and be equitable for plants, plant products, and other regulated articles in consignments presented for 
import or export and domestic plants, plant products, and other regulated articles; and 
 - A procedure for reviewing complaints concerning the operation of control, inspection, and 
approval procedures shall be established, including means to take corrective action when a complaint is justified. 
 
The relevant body of state power shall issue the necessary sub-legal acts for the execution of this Article. The Cabinet of Ministers of Ukraine shall establish the level of fees, if any, to be collected for 
control, inspection, and approval services according to the provisions of Article 56 of this Law. 
 Article 56: Fees for Services Rendered 
All fees charged in connection with any administrative procedure, laboratory analysis, testing, control, 
supervision or other procedure required in connection with this Law shall be equal to the actual cost of the service rendered plus a reasonable rate of return. 
  
  WT/ACC/UKR/124
 Page 11Food Safety Legislation  
 
Commitments (by the time of accession) WTO Reference Draft Law of Ukraine "On Introducing Changes to the Law of Ukraine 'On the Quality and Safety of 
Food Products and Food Raw Materials'" 
3. Transparency: notification and access to 
documentation: 3. Articles 7 and 
Annex B, Also 
G/SPS/7. Article 14: Preparing, Reviewing, Revising, Adopting and Applying Sanitary Measures 
 (a) identification of authority responsible 
for making notifications to the WTO 
and ensuring transparency obligations 
are met on an ongoing basis;  (a) Annex 
B.5.(b) and 
Annex B.10. Paragraph 5: 
 
All proposed sanitary measures that do not conform to international standards or for which no 
international standards exist, that are expected to significantly affect the exporting opportunities of interested trading partners, shall be notified through the centre for processing enquiries and 
notifications regarding sanitary measures (hereinafter: enquiry and notification centre) no less than 60 
days before preparing a final draft sanitary measur e in accordance with the provisions of relevant 
international agreements. 
 (b) establish guidance or law requiring 
publication of proposed measures at 
an early stage for comment;  (b) Annex 
B.5(a). Paragraph 5: 
 
All proposed sanitary measures that do not conform to international standards or for which no international standards exist, that are expected to significantly affect the exporting opportunities of 
interested trading partners, shall be notified through the centre for processing enquiries and 
notifications regarding sanitary measures (hereinafter: enquiry and notification centre) no less than 60 
days before preparing a final draft sanitary measur e in accordance with the provisions of relevant 
international agreements. 
 (c) provision in law or administrative 
procedure to provide copies of proposed measures to WTO Members; 
and  (c) Annex 
B.5.(c). Paragraph 6: 
 When requested in writing by a person or interested trading partner, the central executive power body 
in the sphere of health protection shall provide the text of the proposed sanitary measure, whenever 
possible, identify the part which in substance deviate from international standards, guidelines and recommendations.  
 WT/ACC/UKR/124 
Page 12 Commitments (by the time of accession) WTO Reference Draft Law of Ukraine "On Introducing Changes to the Law of Ukraine 'On the Quality and Safety of 
Food Products and Food Raw Materials'" 
 (d) require in law or administrative 
procedure, a reasonable period of time for comment from Members and the 
public, and establishment of a process 
to take comments into account without 
discrimination.  (d) Annex 
B.5(d). Paragraph 4 
 A summary of all proposed sanitary measures, information on how to obtain a copy of the proposed 
measure, and a solicitation for comments from interested parties shall be published in mass media 
publications to enable participants in the food sector to comment on the proposed measure. The 
comment period shall be not less than 60 days.  
Paragraph 5: 
 
All proposed sanitary measures that do not conform to international standards or for which no international standards exist, that are expected to significantly affect the exporting opportunities of 
interested trading partners, shall be notified through the centre for processing enquiries and 
notifications regarding sanitary measures (hereinafter: enquiry and notification centre) no less than 60 days before preparing a final draft sanitary measur e in accordance with the provisions of relevant 
international agreements. 
 Paragraph 7: 
 
Comments received as a result of the notification and publication of proposed new or changed sanitary measures shall be taken into consideration in a non-discriminatory manner before such 
measures are adopted. 
4. Necessity: measures are applied only to 
the extent necessary to protect human, 
animal or plant health. 4. Article 2.2. Paragraph 12: 
 
All sanitary measures shall be applied only to the extent necessary to protect human health and 
without unjustified discrimination between food products locally produced or imported or between different suppliers of imported food products. 
5. Regulations Based on Science: regulations 
governing animal and plant health and 
food safety shall be based on scientific evidence. 5. Articles 2.2, 3.3 
and 5.2. Paragraph 1, item 1: 
 
All sanitary measures shall be based on scientific principles and available scientific evidence except as provided in item 4 of paragraph 1 of this Article. 
 
Paragraph 1, item 4: 
 When scientific evidence needed for risk assessment is insufficient or in urgent circumstances that 
may cause or threaten to cause human health problems, sanitary measures shall be prepared based on 
available relevant information obtained from the relevant international organizations, or sanitary measures employed by interested trading partners. 
6. Harmonization:  to the extent possible, 
members shall follow international 
standards, guidelines, and recommendations in establishing SPS 
measures. 6. Articles 3.1, 3.3 
and 3.4. Paragraph 1, item 2:  
 
If international standards, guidelines, or recommendations exist, they shall be used as the basis for the preparation of sanitary measures unless such international standards, guidelines, or recommendations 
are insufficient to fulfil the appropriate level of human health protection.  
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Food Products and Food Raw Materials'" 
7. Equivalence:  members shall recognize 
different measures that achieve the same level of protection. 7. Article 4. Paragraph 11: 
 When preparing, reviewing, revising, adopting and applying sanitary measures, relevant measures in 
another country shall be considered equivalent to those of Ukraine, and consequently accepted, if the 
other country shows in an objective manner that its measures achieve the same of higher level of 
human health protection as is required by Ukraine. 
8. Risk Assessment: developing scientific 
evidence and conductin g risk assessments 
to ensure that measures are based on science and applied only to the extent necessary to protect health. 8. Article 5.1, 5.2 
and 5.3. Paragraph 1, item 3: 
 
In case international standards, guidelines, and recommendations do not exist or are insufficient to fulfil the appropriate level of human health protecti on, sanitary measures shall be prepared based on a 
risk assessment, taking into account the risk assessment techniques developed by the relevant 
international organizations; 
9. Regional conditions:  measures take into 
account the regional characteristics both of the areas from which products originate 
and the areas for which they are destined. 9. Article 6 and 
Annexes A.6 and A.7. <Not applicable to food products>  
10. Non-discrimination:  measures do not 
arbitrarily or unjustifiably discriminate 
between different members or between 
domestic and foreign suppliers. 10. Article 2.3, and 
Annex C.1(a) and 
(d). Paragraph 12: 
 
All sanitary measures shall be applied only to the extent necessary to protect human health and 
without unjustified discrimination between food products locally produced or imported or between different suppliers of imported food products. 
11. Control, inspection and approval 
procedures:  ensure that procedures, 
including systems for approval of the use of additives or for establishing tolerances 
for contaminants in foods, beverages or 
feedstuffs comply with the Agreement. 11. Article 8 and 
Annex C. Article 17: Control, Inspection, and Approval Procedures 
 
The Sanitary Service and the Veterinary Service shall ensure, with respect to any procedure to check and ensure the fulfilment of the requirements of sanitary measures (hereinafter: control, inspection, or 
approval procedures), that: 
  - Such procedures conform to international standards, guidelines, and recommendations, of 
the relevant international organisations; 
 - Such procedures are executed expeditiously and without unjustifiable delay; 
 - Sampling requirements for control, inspection, and approval procedures are limited to what 
is reasonable and necessary; 
 - The applicant requesting control, inspection and approval must be immediately informed of 
any deficiencies in the application so as to avoid any delay, and even if there are deficiencies in the application, the procedures shall be undertaken as far as practicable upon the request 
of the applicant; 
 - The expected time for completing such procedures shall be communicated to the applicant 
upon their request; 
 - The results of the procedure shall be promptly transmitted to the applicant in written form 
and complete manner; 
 - Such procedures shall be applied equally to objects subject to sanitary measures of foreign 
as well as domestic origin; 
 - All adopted procedures, including procedures to ensure that food product that has been  
 WT/ACC/UKR/124 
Page 14 Commitments (by the time of accession) WTO Reference Draft Law of Ukraine "On Introducing Changes to the Law of Ukraine 'On the Quality and Safety of 
Food Products and Food Raw Materials'" 
changed (treated, processed or otherwise changed) continues to meet requirements of 
sanitary measures, as well as the information required to conduct control, inspection, and approval procedures must be limited to what is necessary for the fulfilment of the sanitary 
measures; 
 - Confidentiality of provided information shall be respected in order to protect the commercial 
interests of the applicants; 
 - The fees collected for control, inspection, and approval procedures for imported objects 
subject to sanitary measures shall be equitable in relation to those for domestic objects 
subject to sanitary measures; 
 - The sampling procedure and requirements associated with use of particular facilities 
(objects) for carrying out control, inspection, and approval procedures shall minimize 
inconvenience and be equitable for imported, exported, and domestic objects subject to 
sanitary measures; and 
 - A procedure for reviewing complaints concerning the operation of control, inspection, and 
approval procedures shall be established for taking corrective action when a complaint is 
justified. 
 
The relevant body of state power shall issue the necessary sub-legal acts for the execution of this 
Article. The Cabinet of Ministers shall establish the level of fees, if any, to be collected for control, inspection, and approval procedures according to the provisions of Article 59 of this Law.  
 
Article 59: Fees for Services Rendered  
All fees charged in connection with any administrative procedures, laboratory analyses, expertise, 
control or other procedure required in accordance with this Law shall be equal to the actual cost of the service rendered plus a reasonable rate of return. 
 
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