RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/UKR/128 
7 June 2005 
 
 (05-2324) 
Working Party on the 
Accession of Ukraine Original:   English 
 
 
 
ACCESSION OF UKRAINE 
 
Sanitary and Phytosanitary (SPS) Harmonization Programme of Ukraine  
 
 
 The following submission, dated 1 June 2005, is being circulated at the request of the Delegation of Ukraine.   
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 WT/ACC/UKR/128 
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 Ukraine is prepared to fully implement the SPS Agreement upon accession provided adequate 
technical assistance from WTO Members to modernize t esting laboratories, border inspection, control 
methods, and sampling procedures and to train rele vant personnel.  Ukraine has already drafted 
amendments to bring relevant SPS Laws into fu ll conformity with the SPS agreement including 
substantive provisions, procedural and transpar ency aspects.  These will be submitted to the 
Parliament before Summer 2005 for consideration as priority draft laws. 
A. Food Safety Sanitary Measures 
 The Government of Ukraine recognizes the importance of harmonized standards when 
applied to trade and the protecti on of the consumer health.  The use of standards in assuring the 
marketing of safe and high quality consumer product s has long been a tradition in Ukraine.  This 
importance is demonstrated by the long-standi ng dedication to both the development and the 
enforcement policy of national standards.  This is pa rticularly true when considering the standards for 
the safety and quality of food for human consumpti on.  At the present time, within the sanitary 
service, the administration of sanita ry measures assuring the safety of foods for human consumption is 
within the State Sanitary and Epidemiological Serv ice of Ukraine under the Ministry of Health.  
 Presently, mandatory food safety requirements of all imported/exported food products for 
human consumption and food raw materials are being reviewed to determine the degree of 
compliance or the need for further harmonization with  the international food standards of the Codex 
Alimentarius Commission.  
 In order to manage the harmonization process,  a program of comparative review has been 
initiated which will result in the comparison of ma ndatory food safety requirements against Codex 
standards for compliance with or equi valence to the Codex standards.  
 Codex does not have food standards for all food commodities. In the circumstance where 
there is no Codex standard, the mandatory requirement s will prevail if it is reasonably equivalent to 
the requirements of other WTO member countries for the same product.  Where there are considerable 
or significant differences, depending on the level of difference, then consideration will be given to 
revising mandatory food safety requirements. S hould the mandatory requirements provide a higher 
level of protection than those of other WTO count ries, consideration will be given to revising these 
requirements or to perform a risk assessment to determin e if scientific justification is supportive of the 
level of protection. 
 Ukraine also anticipates additional issues which may result from the harmonization process 
which may result in the need for technical assistance from other WTO member countries, namely:  
- A complete list of Codex Standards presently in effect and accurately translated into 
Ukrainian language is required.  
- It is likely that analytical methodology for va rious testing under the Codex standards may not 
be within the technical capability or instrumental  capacity to be carried  out without additional 
personnel training and upgrading of laborator y analytical instruments and facilities. 
- International accreditation, laboratory qua lity assurance programmes and a system of 
reference laboratories are required.  
- It is anticipated that an entire new border c ontrol system will be required to streamline the 
control process and to meet timely import product inspection and testing processing requirements  
- Border personnel will require technical tr aining in inspectional procedures, cargo 
examination, statistical sampling methods, a nd sample handling and shipment procedures 
within the Codex guidelines. It is also probabl e that the cost of these operations will increase 
beyond present resource allocations.  WT/ACC/UKR/128 
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 - Training is needed in risk assessment met hods for scientific personnel when scientific 
justification is needed to support a higher le vel of protection in food safety requirements. 
- All procedures, instructions, legal and non legal policy documents, mandatory food safety 
requirements, used in food control are in the Ukrainian language.  A considerable volume of 
these documents will require translation into one  of the official languages of the WTO.  
Financial assistance may be needed to make  these documents available to the WTO in a 
timely and accurate fashion.   
- To assist in carrying out an effective and e fficient national Codex C oordination and Contact 
Point function and national Code x support staff will require facilities, equipment, training, 
information and other support related to thei r role and responsibilities, functions, method and 
procedures. 
- English language enhancement training is needed for inte rnationally positioned national 
Ukrainian staff to augment communications at the international level. 
 The Ministry of Health has formulated a programme for harmonization of mandatory food 
safety requirements in three phases.  The first ph ase includes the acceptance of Codex standards on a 
provisional basis pending the outcome of the compara tive review of the national and Codex standards 
during a second phase.  The first phase has begun.  It is  anticipated that 40 per cent of the mandatory 
food safety requirements will be equivalent to the Codex standards, consequently no further action 
will be required for those standards.  
 The second phase has also started. It includ es the comparative review of mandatory food 
safety requirements and Codex standards. Commoditi es with high volume and/or value in trade will 
be identified and will make up the first tier of manda tory requirements to be reviewed and evaluated 
on a priority basis. It is anticipated that within  one year, the second phase of the harmonized program 
can be completed and an estimated 80 per cent of  the mandatory food safety requirements and Codex 
standards will be harmonized by that time. 
 The third phase of the harmonization programme will include the comparative review of the 
second tier of commodities (those commodities with l ess trade significance) or those commodities for 
which no Codex standards exist, to complete the to tal review.  At this time, mandatory food safety 
requirements for which there are no Codex standa rds will be reviewed for comparability with 
standards of other WTO member countries.  These re quirements will be considered equivalent to the 
requirements used elsewhere, revised to meet the other WTO country’s standards when significantly 
different or will be subject to risk assessment pr ocedures should it be necessary to establish a higher 
level of protection.  
 It is anticipated that this third phase will r esult in a 100 per cent compliance level for equal or 
equivalent mandatory food safety requirements wi th Codex, with the requirements of other WTO 
member countries where there are no Codex standards, or will be justified by the results of a risk 
assessment. WT/ACC/UKR/128 
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 B.  Animal Health 
 The State Department of Veterinary Medicine  of the Ministry of Agricultural Policy of 
Ukraine has as long history of dedication to the pr otection of animal health and life in Ukraine. 
Traditionally, the animal health standards of the In ternational Office of Epizootic (OIE) are followed, 
specifically the OIE Terrestrial and Aquatic Anim al Health Codes which give guidelines for all 
control measures that are adopted by OIE member countries. 
 A thorough review of the measures governing the administration of control procedures and 
requirements for handling domestic and imported live an imals and animal products has been prepared.   
 Of particular note, the draft law "On Veteri nary Medicine" includes a provision permitting the 
use of hormones and other veterinarian preparations  for medicinal and other uses provided levels of 
such in edible animal products do not exceed established maximum limits. 
 The recent revision of import requirements fo r animals and animal products has brought 
animal health measures closer to full compliance wi th the SPS Agreement.  Refinements to the import 
requirements will continue in order to account for the animal health status of Ukraine compared to its 
trading partners.  
 Ukraine anticipates that additional issues which may result from a harmonization process and 
from the application of refined control measures for animal health protection may require some 
technical assistance from WTO member countries.  This would include: 
- Methodology for various testing of food from an imal origin for guidelines from the OIE will 
require additional technical capability, personnel training, and upgrading of analytical instruments necessary to carry out the testing. 
- International accreditation, laboratory qua lity assurance programmes and a system of 
reference laboratories are required.  
- Border personnel may require additional tec hnical training in inspectional procedures, 
sampling methods and procedures, when necessary,  and sample shipment and handling.  It 
also is probable that the cost of these ope rations will increase beyond present resource 
allocations. 
- Training is needed in risk assessment met hods for scientific personnel when scientific 
justification is needed to support a higher level of protection to be applied for animal health 
protection standards. 
- English language enhancement training is needed for inte rnationally positioned national 
Ukrainian staff to augment communications at the international level. 
- The cost of translation for many of the anim al health control procedures and for sanitary 
measures related to harmonized food for human  consumption safety standards may require 
financial assistance during the initial phases of not ification to the WTO.  English language 
document such as guidelines from OIE will also re quire translation to Ukrainian for a more 
complete understanding by Ukrainian national.  WT/ACC/UKR/128 
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 C.  Phytosanitary Measures 
 The Government of Ukraine also recognizes the importance of harmonized standards when 
applied to the protection of plant health and life.   This importance is demonstrated by the long-
standing dedication to both the development and th e enforcement policy of phytosanitary measures.  
 Ukraine commenced the harmonization pro cess for its phytosanitary measures with 
international standards, guidelines and recommenda tions of the International Plant Protection 
Convention (IPPC) and the relevant  regional plant protection organizations (RPPO).  At the present 
time, Ukraine is not a member of the IPPC (but is  a member of EPPO).  Initiation of IPPC application 
procedures has already been started.  While IPPC  membership is being processed, harmonization of 
Ukrainian phytosanitary measures with standards,  guidelines and recommendations of the IPPC and 
the RPPO will commence.  
 It is anticipated that additional issues w ill be resulting from a harmonization process which 
may result in the need for tec hnical assistance from other WTO member countries.  These include: 
- It is likely that methodology for various examination and testing procedures under the IPPC 
and the RPPO standards may not be within the current technical capability requiring 
personnel training and updating of analy tical testing equipment and facilities 
- International accreditation and a reference labor atory for plant protection detection methods 
and testing is required. 
- Border control procedures will be re-exami ned in light of the new requirements and 
streamlined to meet timely import product in spection and testing processing requirements.  
This will require additional technical assistan ce in the form of upgrading facilities at 
designated border inspection posts.  
- Training in risk assessment methods for scientif ic personnel when scientific justification is 
needed to support a higher level of protection for plant protection and pest control will be 
required 
- A contact point and coordinati on activity will be necessary to activate the general activities of 
the IPPC at the national level. Staff assigned to this activity and that for the RPPO should 
receive training in effectively administering this coordination activ ity.  Study tours to 
countries which have active programs which can se rve as models would be useful to initiate 
the start-up functions of this activity. 
- English-language enhancement training is needed for internationally positioned national 
Ukrainian staff to augment communications at the international level. 
 All procedures, instructions, legal and non-legal policy documents, standards and 
requirements used in plant protection control are in the Ukrainian language and may require 
translation for the notification process to the WTO.   A considerable volume of these documents will 
need translation for notification purposes.  Financ ial support for this activity may be needed initially 
due to the sheer volume of material. 
 
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