WORLD TRADE  
ORGANIZATION  G/TBT/2/Add.100 
30 May 2008 
 (08-2527) 
Committee on Technical Barriers to Trade Original:   English 
  
 
IMPLEMENTATION AND ADMINISTRATION OF THE AGREEMENT  
ON TECHNICAL BARRIERS TO TRADE 
 
Communication from Ukraine
 
 
Addendum  
 
 
 The following statement under Article 15.2 of the Agreement on Technical Barriers to Trade 
has been received from the Delegation of Ukraine. 
 
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I. INTRODUCTION 
1. In accordance with Article 15.2 of the Agreement on Technical Barriers to Trade (TBT 
Agreement) and the Decision taken by th e Committee on Technical Barriers to Trade 
(G/TBT/1/Rev.8), we would like to submit to the Committee the summarized  information on the 
measures, in existence and taken, to ensure the implementation and administration of the TBT 
Agreement in Ukraine. 
2. The process of implementation and administration of the TBT Agreement is based on some 
legislative acts in existence and certain amendments  aimed at bringing Ukraine's legislation into 
compliance with all the substantive provisions of  the Agreement on Technical Barriers to Trade. 
II. RELEVANT LAWS AND REGULATIONS 
3. The principal laws governing standards, techni cal regulations and conformity assessment in 
Ukraine are the following: 
- Law "On standardization" (No. 2408-III of 17 May 2001); 
- Law "On conformity assessment" (No. 2406-III of 17 May 2001); 
- Law "On accreditation of conformity assessme nt bodies" (No. 2407-III of 17 May 2001); 
- Law "On metrology and metrology activity"  (No. 113/98 of 11 February 1998). 
 
4. Mandatory product certification is regulated by the following Laws:  
- Law "On protection of consumer rights"  (No. 3682-XII of 15 December 1993); 
- Law "On state regulation of imports of agricultural products"  (No. 468/97- ВР of 17 July 1997);  
- Law "On labour protection"  (No. 2694-XII of 14 October 1992); 
- Law "On quality and safety of  foodstuffs and raw food"  (No. 771/97- ВР of 23 December 
1997);   
- Law "On communication" (No. 2657-XII of 2 October 1992);  
- Law "On highway traffic"  (No. 3353-XII of 30 June 1993); 
- Law "On transport"  (No. 232/94- ВР of 10 November 1994);  G/TBT/2/Add.100 
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  - Law "On permissible activity in the area of nuclear energy use"  (No. 1370-XIV of  
11 January 2000);  
- Law "On tourism"  (No. 324/95- ВР of 15 September 1995).  
 
A. AMENDMENTS TO SOME NORMATIVE ACTS GOVERNING STANDARDS , TECHNICAL 
REGULATIONS AND CONFORMI TY ASSESSMENT  IN UKRAINE  
5. To introduce modern international terminology and principles in the area of metrology, the 
Law "On making amendments to the law of Uk raine on metrology and metrological activity" 
No. 1765-IV of 16 June 2004,  has been adopted. 
6. To eliminate duplication of supervisory and co ntrolling functions in central agencies of 
executive power, the following normative  documents have been amended: 
- Law "On veterinary medicine", No. 2498-XII of 25 June 1992;  
- Decree of the Cabinet of Ministers of Ukrain e "On standardization and certification"   
No. 46-93 of 10 May 1993;   
- Decree of the Cabinet of Ministers of Ukraine "On state supervision of compliance with 
standards, norms and rules, and sanctions for violations thereof"  No. 30-93 of 8 April 1993;  
- Law "On safety and quality of food products" No. 771/97- ВР of 23 December 1997. 
 
7. To bring the Ukraine's legislation into comp liance with the entire substantive provisions 
(Article 2, Article 4, Article 5, Article 10, A nnex 1 and Annex 3) of th e Agreement on Technical 
Barriers to Trade, the Law "On standards, te chnical regulations and conformity assessment 
procedures" No. 3164-IV of 1 December 2005 cam e into force on 11 January 2006.  This Law 
introduced amendments to the Laws "On Conf ormity Assessment" and "On Standardization"  but does 
not supersede these Laws.  The three mentioned laws should be read together.  According to the Law 
"On standards, technical regulati ons and conformity assessment pr ocedures", technical regulations 
can only be adopted by the Cabinet of Ministers.  
8. The Law "On making amendments to the law of Ukraine on standards, technical regulations 
and conformity assessment procedures"  No. 1107-V of 31 May 2007, has amended Law No. 3164-IV 
of 1 December 2005 to clarify that priority considera tion was given to relevant  international standards 
as a basis for Ukraine's own standards, technical  regulations and associated conformity assessment 
procedures. 
9. To comply with the provisions of Article 4 a nd paragraphs D, E, F of Annex 3 of the TBT 
Agreement, the State Committee for Technical Regulation and Consumer Policy 
(Derzhspozhyvstandart) has issued the Order of 5 June 2007 No. 122 according to which what existed 
in Ukraine's technical regulations, standards and conformity assessment procedures should be revised. 
10. By the Order of 4 March 2008 No. 86 of Derzhs pozhyvstandart of Ukraine, 33 new national 
standards have been approved for harmoni zation with international standards. 
11. Ukraine operated a State certification system (UkrSEPRO) based on six certification schemes, 
i.e., certification of either (i) single products; ( ii) groups of products or articles; (iii) serially 
manufactured products; (iv) products with examina tion/inspection of production; (v) products with 
attestation of production; or (vi) products with ass essment of a quality system or certification of a 
quality system. 
12. The coverage of the mandatory certification sy stem has diminished gradually as Ukraine has 
reviewed its regulations to conform with b asic international practice.  By Order of 
Derzhspozhyvstandart of 1 February 2005 No. 28,  a list of products subject to mandatory certification  G/TBT/2/Add.100 
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  has been approved.  Later, through su ccessive Orders of Derzhspozhyvstandart  No. 171 of 14 July 
2005 and No.6 of 29 January 2007, another 28 categori es/subcategories of low-risk products had been 
removed from the list.  
13. Ukraine continues to revise the list to eliminat e additional low-risk goods.  The Order of the 
Derzhspozhyvstandart of 13 September 2007 No. 221, further changes the list of the products subject 
to mandatory certification.  
III. TRANSPARENCY 
A. PUBLICATIONS 
14. Official gazette "Ofitsiyniy Visnyk Ukrajiny"  and "Standards" journal are the publications 
where notices on draft technical regulations or standards and procedures for assessment of conformity 
are announced.  The texts of newly approved regula tions, standards or procedures for conformity 
assessment are also published there.  The sam e notices are also placed on the website of 
Derzhspozhyvstandart at: 
http://www.dssu.gov.ua  
http://www.dssu.gov.ua/control/uk/publish /article/main?art_id=40337&cat_id=30515   
http://www.dssu.gov.ua/control/uk/publish/category/main?cat_id=96920   
 15. The texts of adopted Laws and Orders (in Ukrain ian) can be found on the official Internet site 
of Verhovna Rada of Ukraine and the "L egislation of Ukraine" Internet site: 
http://www.rada.gov.ua
 
http://zakon.rada.gov.ua/cgi-bin/laws /main.cgi?user=o1&find=1&typ=1  
http://zakon1.rada.gov.ua/cgi-bin/laws/main.cgi?user=o715  
 B. TIME
 FOR  COMMENTS   
16. The expected time limits for the submission of comments in writing on draft technical 
regulations, standards or conformity assessment pr ocedures by other WTO Members is 60 days, with 
exceptions made in certain cases (depending on urge ncy consideration) where this period could be 
extended or reduced.  This is regulated by Artic le 10 and Article 39 of the Law "On standards, 
technical regulations and conformity assessment  procedures" No. 3164-IV of 1 December 1995. 
C. ENQUIRY  POINT 
17. The obligations of relevant national authorities to meet the requirements on notification 
procedures, including foreseen in by the TBT Agreem ent are incorporated into the Resolution of the 
Cabinet of Ministers of Ukraine of 31 May 2005 No . 408.  As it was foreseen in Articles 10.1 and 
10.3 of the TBT Agreement, the WTO National Enqui ry Point and Information Processing Centre has 
been established in Ukraine.  The Enquiry Point can be contacted at: 
Ministry of Economy of Ukraine 
WTO National Enquiry Point and Information Processing Centre 8 Lvivska Square 
Kiev 04655, Ukraine 
Tel: +(380) 44 272 1124 Fax: +(380) 44 272 11 47 
 +(380) 44 272 15 78 
Email: ep@mfert.gov.ua
 
Website: http://nepu.com.ua  G/TBT/2/Add.100 
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D. NATIONAL  AUTHORITIES  AND  AGENCIES 
18. The State Committee of Ukraine for Technical Regulation and Consumer Policy 
(Derzhspozhyvstandart) is the central body of exec utive power in the area of standardization and 
technical regulation, as well as a specially authori zed central body of executive power in the area of 
conformity assessment.  The Committee develops and implements the policy of Ukraine in these 
areas. 
19. The Cabinet of Ministers by its Resolution No . 84 of 1 February 1995 established a National 
Information Centre of the Internationa l Information Network (ISONET), allowing 
Derzhspozhyvstandart to provide re gular information on the developm ent and adoption of technical 
regulations, products subject to mandatory certif ication and standardization programmes. ISONET 
can be contacted at: 
State Committee of Ukraine on Technical Regulations and Consumer Policy  
("Derzhspozhivstandart" of Ukraine) Information Centre of the Inte rnational Information Network 
174, Gorkiy Street, GSP 03680 
Kyiv-150, Ukraine Fax: +(380) 44 226 29 70 
Email: dssu@dssu.gov.ua
 
Website:  www.dssu.gov.ua  
 
E. MEASURES  FOR  NEW  TECHNICAL  REGULATIONS  OR CONFORMITY  
ASSESSMENT  PROCEDURES 
20. Article 9 and Article 10 of the Law "On standa rds, technical regulations and conformity 
assessment procedures" No. 3164-IV of 1 Dece mber 2005 specify the procedures enabling the 
relevant national authority to fulfill its obligations  under Article 2.9, 2.10, 3.2, 5.6, 5.7 of the 
Agreement, that is the obligation to notify prepara tion of new technical regulations or procedures for 
assessment of conformity or substantial amendmen ts to existing ones.  For this reason the State 
Programme of Standardization is usually approved fo r a five year period.  The last such programme 
has been approved for the period of 2006-2010.  The Programme, and any changes to it, are published 
in the official journal of Derzhspozhyvstandart "Standards". 
21. The information on the development and adoption of technical regulati ons, products subject 
to mandatory certification and standardiza tion programmes is being regularly sent by 
Derzhspozhyvstandart to ISONET th rough the National Information Ce ntre of the International 
Information Network (ISONET).  
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