RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/UKR/131 
22 August 2005 
 (05-3717) 
Working Party on the 
Accession of Ukraine Original:   English 
 
 
 
ACCESSION OF UKRAINE 
 
Additional Questions and Replies  
 
 
 The following submission, dated 5 August 2005, is being circulated at the request of the 
Delegation of Ukraine.   
_______________ 
 
    WT/ACC/UKR/131 
 Page i 
 
 
 TABLE OF CONTENTS 
 
II. ECONOMIC POLICIES..........................................................................................................1  
- Pricing Policies ............................................................................................................... ...........1  
IV. POLICIES AFFECTING TRADE IN GOODS .....................................................................7  
- Trading rights ................................................................................................................. ..........7  
A. IMPORT REGULATIONS......................................................................................................7  
- Ordinary cust oms duties ........................................................................................................ ..7 
- Fees and charges for services rendered...................................................................................7  
- Application of internal  taxes to imports .................................................................................8  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ ...............9  
- Customs valuation.............................................................................................................. .....17  
- Anti-dumping, countervailing duties, safeguard regimes ...................................................17  
B. EXPORT REGULATIONS ...................................................................................................19  
- Export subsidies and industrial subsidies.............................................................................22  
C. INTERNAL POLICIES A FFECTING FOREIGN TRADE IN GOODS .........................23  
- Technical Barriers to Trade...................................................................................................2 3 
- Sanitary and Phytosanitary Measures ...................................................................................30  
- Trade-related investment measures ......................................................................................30  
- Free zones, special economic areas........................................................................................31  
V. TRADE-RELATED INTELLECTUAL  PROPERTY REGIME.......................................31  
(d) Application of national and MFN treatment to foreign nationals......................................31  
2. Substantive Standards of Protection.....................................................................................31  
(c) Geographical indications, including appellations of origin.................................................31  
(h) Requirements on undisclosed information, including trade secrets and test data............32  
4. Enforcement .................................................................................................................... ........32  
(c)  Provisional measures ........................................................................................................... ...32 
(e)   Special border measures........................................................................................................ .37 
  WT/ACC/UKR/131 
 Page 1 
 
 
 II. ECONOMIC POLICIES 
- Pricing Policies Question 1 WT/ACC/UKR/130, Question 18:  Refined sugar need s to be correctly classified in accordance 
with the Harmonized System (HS) classification  principles that are accepted by Ukraine.  The 
classification of refined (white) sugar to the raw sugar code, HS sub-heading 1701.12 (raw beet 
sugar), is erroneous.  For consistency with the HS, refined sugar must be classified to subheading 1701.99, regardless of whether it is of ca ne or beet origin.  Only raw sugar should be 
classified to either subheading 1701.11 (cane origin) or subheading 1701.12 (beet origin).  
Accordingly, in the revised Table 3 of WT/A CC/SPEC/UKR/5/Rev.2, Ukraine's entries should 
be: 
− "Ex 1701.99", for the code; 
− "Domestic refined sugar of beet origin produced within the limits of the A quota", for 
the product description; and 
− "Mandatory minimum sale price", for the measure. 
Answer
:  
The Law of Ukraine "On State Regulation of Suga r Production and Sale" does not contain mandatory 
price requirement. In its answers Ukraine does not use the term "mandatory minimum price". 
In Table 3 Ukraine agrees to replace 1701.12 with the HS code 1701.99, in the column "codes of 
goods", and "Sugar produced from sugar beets in Ukrain e within quota 'A'" in the column describing a 
good, and to fill in Table 3 in the following way:  
Table 3: Goods subject to State regulation of prices and tariffs  
Codes of Goods Description of goods prices (tariffs) which are 
subject to state regulation Form or nature of price regulation
1701.99 Sugar produced from sugar beets in Ukraine within 
quota "A" Minimum prices  
(support prices) 
 
Question 2 
In the revised Table 3, there should also be  a separate entry along the following lines: 
− "1701.99", for the code; 
− "Refined sugar", for the product description; and 
− "Administered price applied through offi cial interventions", for the measure. 
Answer :  
Ukraine does not agree with the proposition to inser t the following definition of minimum price into 
Table 3.  Minimum price (support price) is administ ered price in terms of provisions of Annex 3 the 
Agreement of Agriculture.  See also the reply for the next question below.  WT/ACC/UKR/131 
Page 2 
 
 
Question 3 
WT/ACC/UKR/130, Questions 19-21:  The replies i ndicate that sugar support was provided by 
administered prices for refined sugar applied thro ugh official interventions in 2000, and by the 
mandatory minimum sale prices for domestic refin ed sugar of beet origin produced within the 
limits of the A quota in 2001 and 2002.  If Ukrain e can confirm this is correct, we would like to 
see this noted in the report.  We would also like to see a clear distinction drawn between these two very different measures that apply to refined sugar through separate entries in the table on 
price regulations.  We would propose the following the text for the report: 
 "In response to a question from a member, the representative of Ukraine confirmed that 
prior to 2001, sugar support was provided by administered prices for refined sugar 
applied through official interventions, and that from 2001 onwards, sugar support was 
provided by the mandatory minimum sale pric es for domestic refined sugar of beet 
origin produced within the limits of the A quota." 
Answer
:  
This statement does not fully reflect the reality .  From 17 June 1999 unt il now, support of national 
sugar producers is regulated under the Law of Ukra ine "On the State Regulation of Sugar Production 
and Sale" No. 758.  This Law envisages minimum pr ices for domestic refined sugar of beet origin 
produced within the limits of the A quota as a measure to provide support for sugar producers (in accordance with provisions of Annex 3 the Agreemen t of Agriculture).  During the period of 2000-
2004 no official interventions in the form of pr ocurements on sugar market to provide support for 
sugar producers were introduced.  
Question 4 
WT/ACC/UKR/130, Questions 22 and 24:  Further to  Ukraine's replies, we would like to see the 
following text included in the report: 
 "In response to another question from th e member, the representative of Ukraine 
confirmed that a sugar owner could be fined for breaching the requirement pursuant to 
[…] to sell domestic refined sugar of beet origin produced under the A Quota at or above the mandatory minimum sale price.   He  said that the fine was twice the level of 
the minimum price for the quantities sold ab ove the level of minimum sale price. " 
Answer
:  
The Law "On State Regulation of Sugar Producti on and Sale" does not contain mandatory price 
requirement. Moreover, pursuant to the Law s ugar owner could be fined for breaching the 
requirement to sell domestic refined sugar of b eet origin produced under the A Quota below the 
minimum sale price. There is no fine for the quantities sold above the level of minimum sale price.  In 
its replays Ukraine doesn't use the definition "man datory minimum sale price" and we ask Members 
to not use such definition as well.  
Question 5 WT/ACC/UKR/130, Questions 22, 24 and 26:  It is clear from the replies that a mandatory 
minimum sale price applies only to domestic re fined sugar of beet origin produced under the A 
Quota.  Further to these replies, we would like to see the following text included in the report: 
 "In response to further question from th e member, the representative of Ukraine 
confirmed that the mandatory minimum sale price requirement applied to domestic  WT/ACC/UKR/131 
 Page 3 
 
 
 refined sugar of beet origin produced under the A Quota does not apply to imported 
refined sugar or to domestic sugar refined  from imported raw cane sugar and that, 
accordingly, in this respect the measure is consistent with the requirements of Article III:4 of GATT 1994". 
Answer
:  
Ukraine does not object to the inclusion of the afor ementioned text in the Draft Working Party Report.  
However the phrase "mandatory minimum sale price requirement" should be replaced with "minimum 
prices". 
Question 6 
WT/ACC/UKR/130, Question 23:  Ukraine's view that the 365,000 tonnes of domestic sugar 
refined from imported raw cane sugar in 2003 was "insignificant" is a position that we would be happy to explore in our bilatera l market access negotiations.  We will leave it to Ukraine to 
decide whether it would wish to see this view noted in the report. 
Answer
:  
 Ukraine took note of this comment. Question 7 WT/ACC/UKR/130, Question 27:  We look forw ard to seeing an appropriately amended, 
comprehensive and fully updated version of Table 3 of WT/ACC/SPEC/UKR/5/Rev.2 in the forthcoming redraft of the report.  
Answer
:  
Ukraine will include the updated version of Table 3 of WT/ACC/SPEC/UKR/5/Rev.2 in the 
forthcoming redraft of the report. 
Question 8 
WT/ACC/UKR/130, Question 29:  We look forwar d to seeing the inclusion in the report of 
details of export and import prices under int ernational agreements where trade is undertaken 
on preferential terms and where the exports and imports concerned are traded at negotiated 
prices. 
Answer :  
There were no export international trades Agreements on sugar since 1996. 
Question 9 
WT/ACC/UKR/130, Questions 32 and 37:  In the lig ht of the replies provided, we would like to 
see the text proposed in Question 32 amended as follows: 
[…]  A member noted however that WTO jurisprudence had established that a 
regulation requiring that domestic and impo rted products adhere to a minimum-price 
requirement is not consistent with Articl e III of GATT 1994 on the grounds that the 
imported product would be prevented from being sold at a price below that of the WT/ACC/UKR/131 
Page 4 
 
 
domestic product.  The member asked how the minimum price requirements for bitter 
aromatic beverages and spirits will be brough t into conformity with Article III by the 
date of accession.  The representative of Ukraine replied minimum prices applied to 
domestically produced and imported spirits had been eliminated by Resolution No. 407 
of the Cabinet of Ministers of Ukraine of 28 May 2005 "On Invalidation of Certain 
Resolutions of the Cabinet of Ministers of  Ukraine" and that the minimum prices 
applied to bitters would be brought into conf ormity with GATT Article III by the date 
of accession by [eliminating the minimum price] [eliminating the application of the minimum price to the imported goods]. 
Answer
:  
Please note that (21.0390.30.00) were not subject to  price control as was erroneously indicated in 
Table 3 of WT/ACC/SPEC/UKR/5/Rev.2.  The pos ition about bitter aromatic  beverages should be 
removed from Table 3. 
Question 10 
WT/ACC/UKR/130, Question 34:  We appreciate the response, and would ask to see this point 
noted in the report: 
In response to a question from a member, the representative of Ukraine confirmed that the 
price measures on glass ware of Chapter 70 did not apply to imported glass ware and that, 
accordingly, in this respect the measures were co nsistent with the requirements of Article III:4 
of GATT 1994. 
Answer :  
The price measures on glass ware of Chapter 70 did not apply to imported glass packaging and that, 
accordingly, in this respect the measures were cons istent with the requirements of Article III:4 of 
GATT 1994. 
Question 11 
WT/ACC/UKR/130, Question 35:  We appreciate the response.  Therefore, the appropriate 
entry in column 3 is as follows:  "Minimum purchase price applicable to sugar processors 
within the limits of the A Quota". 
Answer :  
In Table 3 of WT/ACC/SPEC/UKR/5/Rev.2, in the column which describes a good will be written 
"Sugar produced from sugar beets in Ukraine within  quota 'A'", and in the column nature of price 
regulation "Minimum prices (support prices)".  The Table 3 will be filled in the following way.  
Table 3: Goods subject to State regulation of prices and tariffs  
Codes of 
Goods Description of goods prices (tariffs) which are  
subject to state regulation Form or nature of price regulation 
1701.99 Sugar produced from sugar beets in Ukraine within 
quota "A" Minimum prices (support prices) 
  WT/ACC/UKR/131 
 Page 5 
 
 
 Question 12 
WT/ACC/UKR/130, Question 36:  The replies to p revious questions in th is set of questions 
appear to clarify the issues that are raised in the context of this question, and the information 
yielded needs to be reflected in appropri ate revisions to Table 3.  In summary: 
− The reply to Question 18 clearly implies that th e classification of refined (white) sugar to 
a raw sugar code such as HS subheading  1701.12 (raw beet su gar) is an erroneous 
application of the Harmonized System; 
− The replies to Questions 22 and 24 indicate th at one of the price regulations applied to 
"refined sugar of beet origin falling to HS subheading 1701.99 within the limits of the A quota" is a "mandatory minimum sale price"; 
− The replies to Questions 19-21 indicate that the price regulation applied to "refined 
sugar of HS subheading 1701.99" is an "administered price for refined sugar applied 
through official interventions". 
Answer
:  
Ukraine agrees with the amendments proposed under the first bullet.   
As for the second bullet, the phrase "mandatory mini mum sale price requirement" should be replaced 
with "minimum prices". 
As for the third bullet, such interv ention has not been applied since 2000. 
Question 13 
WT/ACC/UKR/130, Question 38:  We would appreciate clarification in the context of an 
amended paragraph 137 of WT /ACC/SPEC/UKR/5/Rev.2 as to whether minimum and/or 
maximum purchase prices have been applied to imports or exports of any product pursuant to the provisions of Article 8 of the Law "On State Support to Agriculture in Ukraine". 
Answer
:  
The minimum and/or maximum purchase prices have not so far been applied to imports or exports of 
any product pursuant to the provisions of Article 8 of the Law "On State Support to Agriculture in Ukraine."  
Question 14 
WT/ACC/UKR/130, Question 39:  We would ask Ukra ine to respond to the issues raised in this 
question and for the substance its responses to be in corporated into the text of the redraft of the 
report. 
Answer
:  
Ukraine took note of this comment. Question 15 WT/ACC/UKR/130, Question 40:  We would appreciate clarifications in relation to the 
following matters: WT/ACC/UKR/131 
Page 6 
 
 
- advice of the provisions of the Law "On Stat e Support to Agriculture in Ukraine" that 
could trigger market int erventions aimed at supporting domestic agricultural 
producers; 
- details of how the provisions of the Law "On State Support to Agriculture in Ukraine" 
that could trigger market interventions aimed at supporting domestic agricultural 
producers have been applied; 
- confirmation that the provisions of the Law "On State Support to Agriculture in 
Ukraine" that could trigger market interventi ons are distinct from and unrelated to the 
provisions of Article 8 of the Law concerning minimum and/or maximum purchase 
prices applied to imports or exports. 
Answer :  
Ukraine has not applied the provisions of the Law "O n State Support to Agriculture in Ukraine" that 
could trigger market interventions aimed at  supporting domestic agricultural producers. 
Ukraine confirms that the provisions of the Law "O n State Support to Agricu lture in Ukraine" that 
could trigger market interventions are distinct from and unrelated to the provisions of Article 8 of the 
Law concerning minimum and/or maximum purch ase prices applied to imports or exports. 
Question 16 
WT/ACC/UKR/130, Questions 40 and 41:  We would have no objection to market interventions 
aimed at supporting domestic agricultural producers after accession provided that:  (1) the interventions undertaken are consistent with cu rrent AMS usage within the limits of Ukraine's 
bound AMS commitments; and (2) that the interven tions will not involve or be related to the 
application of mandatory price requirements to any imported product.  We would accordingly 
request that Ukraine commit to not apply ma ndatory minimum price requirements to any 
imported product. 
Answer
:  
[Ukraine commits to not apply mandatory mini mum price requirements to any imported product.] 
Question 17 
WT/ACC/UKR/130, Question 42:  We would request that the information contained in the reply 
to this question be included in the report. 
Answer :  
There would be no obligation on any buyer or seller to buy or sell at the minimum price, and that the 
sole means of influencing the price woul d be intervention purchases and sales.   
The aforementioned information may be included in the Draft Working Party Report. 
Question 18 
WT/ACC/UKR/130, Question 43:  Is the reply to th is question still correct?  If it is not, we 
would appreciate a revised and updated response. 
Answer :  
Yes, it is still correct.  No indicative prices to meat have been introduced  WT/ACC/UKR/131 
 Page 7 
 
 
 IV. POLICIES AFFECTING TRADE IN GOODS 
- Trading rights Question 19 Paragraphs 65 and 74 of WT/ACC/S PEC/UKR/5/Rev.2.  We urge Ukraine to bring its licensing 
fees for alcohol beverages and tobacco in complia nce with Article VIII GATT.  At present the 
fees are excessive and do not reflect the cost of services provided.  
Answer:
 
Nowadays Ukraine is working on this issue in order to bring by the date of accession its licensing fees 
for alcohol beverages and tobacco in complianc e with Article VIII GATT.  The Law on State 
regulation of Production and Turnover of Ethyl, Cogn ac, and Fruit Spirits, Alcoholic Beverages, and 
Tobacco Goods will be amended accordingly. 
A. IMPORT REGULATIONS 
- Ordinary customs duties Question 20 WT/ACC/UKR/130, Question 54:  We are appreciative of the response provided to this 
question. 
Answer
:  
You are welcome. 
- Fees and charges for services rendered  
Question 21 
Paragraph 96 of WT/ACC/SPEC/UKR/5/Rev.2.  We would request Ukraine to provide the 
following to the Working party: 
- information on the timetable and state of play as regards harmonisation the 
railway fees as regards the remaining products iron ore raw materials, cast iron, rolled ferrous metal, mineral fertilizers and oil products; 
- The latest legislative drafts in this  field, prepared in June 2005;   
- A table setting out the harmonised railway transport fees per product (amounts 
of the fees per product). 
We would propose the adding the following commitment language for the section of the 
Working Party Report dealing with railway fees (paragraph 97, second sentence): 
The representative of Ukraine confirmed that from the date of accession, any 
application of fees and charges by Ukraine for services rendered on or in connection 
with importation, exportation or transit would be in accordance with the relevant provisions of the WTO Agreements, in particular Articles I, III, V, VIII, X and XI of the GATT 1994.  After accession, information regarding the application and level of any such fees, revenues collected and their use, would be provided to WTO Members upon 
request.  The Working Party took note of these commitments.   WT/ACC/UKR/131 
Page 8 
 
 Answer:
 
At present, pursuant to inquiries from WTO members the procedures for application of tariffs (rates) 
for carriage by railway of certain types of freight remain a disputable issue. 
The Ministry of Transport and Communication of  Ukraine undertakes respective measures to settle 
this issue, in particular the tariffs (rates) for carri age of coal, grain and scrap of ferrous metals (except 
for crushed scrap that is carried from the Rokytne railway stations of the South-Western Railway) were equalized in the course of efforts undertaken during the first stage. 
Proposals for the second stage of tariff (rate) equa lization pursuant to the inquiries from the WTO 
members were submitted by the Ministry of Trans port and Communication of Ukraine to the Cabinet 
of Ministers of Ukraine in May and June of this 2005.  The draft regulatory act contemplated that the 
tariffs (rates) would be equalized in two stages: from the 1 July 2005 and from the 1 October 2005, in 
order to avoid the occurrence of  possible adverse consequences. 
However, pursuant to Protocol Decision No. 29 of  the Cabinet of Ministers of Ukraine, dated 
16 June 2005, dealing with a moratorium upon the incr ease of tariff (rates) for carriage of products of 
the mining and metallurgic sector, prices for electr icity, natural gas and coal, effective as from the 
16 June 2005 for a period of three months, the proposals of the Ministry of Transport and 
Communication of Ukraine for unification of tariffs (r ates) for carriage by rail were not supported at a 
meeting of the Cabinet of Ministers of Ukraine held on the 30 June 2005, except for the proposals for equalization of tariffs (rates) for carriage of scrap of  ferrous metals (Order No. 233 of the Cabinet of 
Ministers of Ukraine, dated 1 July 2005, has been submitted to the Secretariat, see document 
WT/ACC/UKR/131/Add.1). 
Pursuant to Item 7 of Protocol Decision No. 32 of the Cabinet of Ministers of Ukraine, upon the end 
of the moratorium the Ministry of Transport a nd Communication of Ukraine, jointly with involved 
central agencies of executive power in Ukraine, will submit proposals for further indexation of rail 
carriage tariffs (rates) in accordance with WTO requirements to the Interdepartmental Commission 
for Monitoring of Impact of Tariff Policies upon the Economy pursued in the Area of Railway 
Transportation, for review.  Based on results of th e review by the Inter-Departmental Commission, a 
draft act on the equalization of tariffs (rates) for ca rriage of iron-ore raw materials, cast iron, rolled 
ferrous metal, mineral fertilizers, foodstuffs and petroleum products in accordance with WTO 
requirements will be prepared and submitted to th e Cabinet of Ministers of Ukraine for review. 
The latest drafts of legislative acts that have been prepared with a view of resolving this issue have 
been submitted to the Secretariat (please see document WT/ACC/UKR/131/Add.1). 
The Ukrainian party took note of the suggested language of commitments. 
- Application of internal taxes to imports 
Question 22 Paragraph 104 of WT/ACC/SPEC/UKR/5/Rev.2.  We would propose the following commitment 
language for  paragraph 104: 
The representative of Ukraine confirmed that  from the date of accession, Ukraine would 
apply its domestic taxes including the excise taxes and the value added taxes in full compliance with the relevant provisions of the WTO including Articles I and III of the GATT 1994, in a non-discriminatory manner to imports from all WTO Members and to 
domestically produced goods. The Working Party took note of this commitment.  WT/ACC/UKR/131 
 Page 9 
 
 
 Answer:  
Ukraine accepts this commitment language. 
Question 23 
WT/ACC/UKR/130, Questions 64-67, 69 and 72:  We look forward to advice of Ukraine's plans 
to eliminate the measures described in pa ragraph 109 of WT/ACC/SPEC/UKR/5/Rev.2 and to 
equalize VAT rates by the date of accession, and to positive confirmation from Ukraine that 
these steps have been taken. 
Answer :  
According to the Law of Ukraine "On Amendment of Certain Laws of Ukraine 'On Taxation of 
Agricultural Enterprises'" of 23 December 2004, No. 2287, the effect of the VAT accumulation 
mechanism was extended until 1 January 2006. 
Ukraine does not perceive VAT accumulation as a dist ortion.  There is no discrimination in taxation 
of domestic versus imported produc ts as VAT is calculated and payable at the same rate – 20 per cent 
which applies to both transactions involving sale of domestically manufactured agricultural produce and transactions involving importation of  similar foreign-origin goods.  
- Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
Question 24 WT/ACC/UKR/130, Question 76:  We thank Ukra ine for agreeing to consider the options for 
amending paragraph 130 of WT/ACC/SPEC/UKR/ 5/Rev.2 to include the elimination of 
quantitative restrictions on livestock and hope that this will be reflected satisfactorily in the 
revised draft report of the Working Party.  We would hope that specific paragraph references 
will be included in the commitment paragraph, as we have proposed. 
Answer
:  
Ukraine considers that a reference to respectiv e GATT Article in Paragr aph 130 is adequately 
exhaustive for such commitments. 
Question 25 WT/ACC/UKR/130, Question 77:  We appreciat e a review of these issues is in progress and 
hope that the recommendations outlined in th e terms of this question will be accepted.  Is 
Ukraine able to indicate when it ex pects the review will be completed? 
Answer
:  
The only current bans on imports to protect human, animal, or plant life or health are the following: 
The current Law of Ukraine "On amending the Law of Ukraine "On veterinary medicine" 
No. 2775-III dated 15 November 2001 prohibits the u se for purpose of animal growth hastening and 
productivity (lactation, etc.) increase biological  stimulators, antibiotics, hormonal and other 
preparations that damp function of internal secre tion strangles, and in particular have thyreostatic, 
estrogenic, androgenic or histological influence.  Under Law No. 2775, these preparations can be used 
only for medical purposes. The new draft law "On Veterinary Medicine" includes a provision WT/ACC/UKR/131 
Page 10 
 
 permitting the use of hormones and other veterinarian preparations for medicinal and other uses 
provided their levels in edible animal pr oducts do not exceed established maximum limits. 
Order of the Chief State Inspector of Veterinary  Medicine of Ukraine "On Urgent Measures of 
Prevention and Liquidation of De velopment of cattle sponge-like encephalopathy disease and other 
prion infections" No. 23 dated 12 March 2001, prohibits  (i) import into Ukraine of  meat, meat-bone, 
or bone flours and additives which contain such flour s in order to prevent a nd liquidate development 
of cattle sponge-like encephalopathy disease and other prion infections and (ii) feeding of ruminant 
animals and pigs by meat, meat-bone, bone flours th at contains protein of ruminant animals.  
Note that Ukraine follows, in a ddition, OIE recommendations with respect to animal health.  The 
table below provides the list of goods, imports of which are restricted with the goal of protecting the 
life or health of people, animals or plants.  
  
  WT/ACC/UKR/131
 Page 11The list of goods, imports of which are restricted with the goal of protecting the life or health of people, animals or plants  
UCC FEA commodity code (HS 96) 
The position of 
the good The sub-
position of the 
good The 
category 
of the 
good The sub-
category of the 
good The applied non-tariff 
measure (NTM) The date of 
application of 
NTM The customs 
regime, when 
the NTM 
applies Document 
proving the 
origin of 
control/ and the 
place of its 
application The State 
authority 
issuing the 
permit for 
importation, 
exportation or 
transit Notes 
1 2 3 4 5 6 7 8 9 10 
0102,  0201, 
0202,  0206, 
0210,  0506, 
0507,  0511, 
1516,  1517, 
1602,  2104, 
2301,  2309 
3001,  3002,  
3502,  4101, 
4103,  4206 150200 
150300 
151800 
152200 
160100 
300450 
350300 
  0106009010 
0106009090 
0410000000 
0504000000 
0510000000 
1506000000 
3002905000 
3101000000 
3504000000 Prohibition 11.01.05 Import 
Transit 
 Veterinary 
document 
(certificate or 
form No.2, with 
the CIS 
countries) 
 The State 
Department of 
Veterinary 
Medicine 
(DVM) and its 
structural sub-
divisions 
 Canada 
Encephalopathia 
spongiforme 
0105,  0207, 
0210,  0408, 
0505,  0507,  
1516,  1517, 
1602,  2309, 
3001,  3002, 
3502,  4103, 
4206,  4301 
 020900 
040700 
150100 
160100 
300450 
350300  010600 9010 
0106009090 
0410000000 
0504000000 
0510000000 
1506000000 
3002905000 
3101000000 
3504000000 
6701000000 Prohibition 12.04.05 Import 
Transit 
 Veterinary 
document 
(certificate or 
form No.2, with 
the CIS 
countries) The State 
Department of 
Veterinary 
Medicine 
(DVM) and its 
structural sub-
divisions 
 Greece – Newcastle 
disease 
0105,  0207, 
0210,  0408, 
0505,  0507, 
 1516,  1517, 1602,  2309 
3001,  3002, 
3502,  4206, 
4103,  4301 
 020900 
040700 
150100 
160100 300450 
350300  0106009010 
0106009090 
0410000000 
0504000000 0510000000 
1506000000 
3002905000 
3101000000 
3504000000 
6701000000 Prohibition 12.04.05 Import 
Transit 
 Veterinary 
document 
(certificate or 
form No.2, with the CIS 
countries) The State 
Department of 
Veterinary 
Medicine (DVM) and its 
structural sub-
divisions 
 The Republic o 
Korea -  Avian 
Influenza (Bird Flu)  WT/ACC/UKR/131 
Page 12 UCC FEA commodity code (HS 96) 
The position of 
the good The sub-
position of the 
good The 
category 
of the 
good The sub-
category of the 
good The applied non-tariff 
measure (NTM) The date of 
application of 
NTM The customs 
regime, when 
the NTM 
applies Document 
proving the 
origin of 
control/ and the 
place of its 
application The State 
authority 
issuing the 
permit for 
importation, 
exportation or 
transit Notes 
1 2 3 4 5 6 7 8 9 10 
0105,  0207, 
0210,  0408, 
0505,  0507, 
1516,  1517, 
1602,  2309 
3001,  3002,  
3502,  4206, 
4103,  4301 
 020900 
040700 
150100 
160100 
300450 
350300  010600 9010 
0106009090 
0410000000 
0504000000 
0510000000 
1506000000 
3002905000 
3504000000 
3101000000 
3504000000 
6701000000 Prohibition 28.04.05 Import 
Transit 
 Veterinary 
document 
(certificate or 
form No.2, with 
the CIS 
countries) The State 
Department of 
Veterinary 
Medicine 
(DVM) and its 
structural sub-
divisions 
 Japan –  
Newcastle disease  
0102,  0103, 0104,  0201,  
0202,  0204, 0206,  0210, 
0401,  0402, 
0403,  0404, 
0405,  0406, 
0502,  0505 
0506,  0507, 
0511, 1214, 
1505, 1516, 
1517, 1602 
1703,  2104, 
2301,  2302, 
2303,  2306, 
2308,  2309 
3001,  3002, 
3501,  3502, 
4101, 4102. 
4103,  4105, 
4106,  4206, 
4301, 5101, 
5102 150200 
150300 
151800 152200 
160100 
210500 
300450 
350300 
  0106009010 
0106009090 
0410000000 0503000000 
0504000000 
0510000000 
1213000000 
1506000000 
2304000000 
2305000000 
2309099100 
3002905000 
3101000000 
3504000000 
6701000000 
 Prohibition 18.05.05 Import 
Transit 
 Veterinary 
document 
(certificate or form No.2, with 
the CIS 
countries) The State 
Department of 
Veterinary Medicine 
(DVM) and its 
structural sub-
divisions 
 China  - FOOT-
AND-MOUTH 
DISEASE   
  WT/ACC/UKR/131 
 Page 13 
 
 
 Question 26 
WT/ACC/UKR/130, Question 78:  We would note that the question is not answered by 
Ukraine's reference to the table on Tariff Rate Quotas in document WT/ACC/UKR/120.  
Table 4 of that document does not appear to contain any information on import quotas within the meaning of Article 4.2 of the Agriculture Ag reement and/or Article XI:1 of GATT 1994.  We 
would encourage Ukraine to respond to our requ est for the inclusion of information on all 
import quotas in the table on non-tariff measures  annexed to the report, not excluding import 
quotas applied under preferenti al trade arrangements. 
Answer
:  
Tariff Rate Quotas  
Tariff Code Product 
Description Entity(ies) responsible 
for Applying the 
Measure Legislative Basis Measure Description and 
Purpose 
WTO justification or the 
Date of Elimination 
7010.91 21 00 ----- Bottles: 
- Of colourless 
glass 
 Cabinet of Ministries 
of Ukraine The Law of Ukraine "On 
Amendments to Customs 
Tariff of Ukraine, approved 
by the Law of Ukraine "on 
Customs Tariff of Ukraine"  
No. 1691 dated 20 April 2004  Not prohibited under 
WTO rules. 
 
This is an interim measure 
until the end of 2005 
 
The free trade agreement with FYROM dated 18 January 2001 stipulate tariff rate quotas.  The 
agricultural products listed in the table below are imported free of duty until the quota is reached. 
Then normal duties (MFN duties) apply.  
List of goods subject to Tariff Ra te Quota under Agreement with FYROM  
Names of products HS Code Amount of 
quota, metric 
tons 
Meat of sheep or goats, fresh, chilled or frozen: 0204  500  
- Fruits of the genus Capsicum or of the genus Pimenta: 0709 60  5,000  
Dried vegetables, whole, cut, sliced, broken or in powder, but not further prepared: 0712  500  
Fruit, dried, other than that of headings 08.01 to 08.06; mixtures of 
dried fruits or nuts of this Chapter: 0813  200  
Pepper of the genus Piper; dried or crushed or ground fruits of the 
genus Capsicum or of the genus Pimenta: 0904  500  
Plants and parts of plants (including seeds and fruits), of a kind used 
primarily in perfumery, in pharmacy or for insecticidal, fungicidal or 
similar purposes, fresh or dried, whether or not cut, crushed or powdered: 1211 90  500  
Sugar confectionery (including white chocolate), not containing cocoa: 1704  500  
Chocolate and other food preparations containing cocoa: 1806  500  
Prepared foods obtained by the swelling or roasting of cereals or cereal 
products (for example, co rn flakes); cereals (other  than maize (corn)) in 
grain form or in the form of flakes or other worked grains (except flour 
and meal), pre-cooked, or otherwise 1904  500  
- Sweet biscuits; waffles and wafers 1905 30  100  
Vegetables, fruit, nuts and other edible parts of plants, prepared or 
preserved by vinegar or acetic acid: 2001  6,000  WT/ACC/UKR/131 
Page 14  
 
Names of products HS Code Amount of 
quota, metric 
tons 
Tomatoes prepared or preserved otherwise than by vinegar or acetic 
acid: 2002  4,000  
Other vegetables prepared or preserved otherwise than by vinegar or 
acetic acid, not frozen, other than products of heading No. 2006: 2005  3,000  
Jams, fruit jellies, marmalades, fruit or nut puree and fruit or nut 
pastes, being cooked preparations, whether or not containing added 
sugar or other sweeting matter  2007  100  
Fruit, nuts and other edible parts of plants, otherwise prepared or 
preserved, whether or not containing added sugar or other sweetening 
matter or spirit, not elsewhere specified or included: 2008  500  
Fruit juices (including grape must) or vegetable juices, unfermented 
and not containing added spirit, whether or not containing added sugar 
or other sweetening matter: 2009  3,000,000* 
Sauces and preparations therefor; mixed condiments and mixed 
seasonings; mustard flour and meal and prepared mustard: 2103  3,000  
Wine of fresh grapes, including fortified wines; grape must other than 
that of heading No. 2009: 2204  40,000,000*  
- Spirits obtained by distilling grape wine or grape marc:  2208 20  100,000*  
- - Other spirits and other spirituous beverages 2208 90  100,000*  
Vinegar and substitutes for vinegar obtained  from acetic acid 2209 00  100,000*  
- Tobacco, not stemmed/stripped 2401 10  10,000  
* in Litre 
Question 27 
WT/ACC/UKR/130, Question 79:  We appreciate the commitment, and look forward to advice 
of the repeal of the provision of Article 3.11 of the Law "On State Regulation of Production and Sale of Sugar" No. 758-XIV of 17 June 1996.  We note that Ukraine has introduced a draft law 
to revoke the mandatory exportation of raw cane  sugar and would be interested to know when 
the law will take effect.  We would also reque st that the intention of Ukraine to revoke the 
mandatory exportation of raw cane sugar be included in the redraft of the report. 
Answer
:  
A draft law that will revoke mandatory exportation of  raw cane sugar is currently at the Parliament. 
Ukraine does not object to a reference in the Draft Working Party Report this draft law.   
Question 28 
WT/ACC/UKR/130, Question 80:  We would appreciate the inclusion of the details provided in 
the reply to this question in the report.  We would also appreciate confirmation in the report 
that all trade under such barter arrangements is  subject to the same customs duties, fees and 
charges and internal taxes as other like pr oducts imported into Ukrainian territory. 
Answer :  
Ukraine does not object to the inclusion of details provided in the reply to Question 80 in the Draft 
Working Party Report.   
Ukraine confirms in the report that all trade under such barter arrangements is subject to the same 
customs duties, fees and charges and internal taxes as other like products imported into Ukrainian 
territory.  WT/ACC/UKR/131 
 Page 15 
 
 
 Question 29 
WT/ACC/UKR/130, Question 81:  Given that the approval requirements in relation to precious 
metals and alloys and precious stone notified to Table 12(b) do not apply, we would like to see 
the date (or dates) on which they were eliminated included in this Table. 
Answer :  
References in Table 12(b) will be  changed to "gold and silver."   The Law on Foreign Economic 
Activities will be amended accordingly by the date of accession. 
Question 30 
WT/ACC/UKR/130, Question 82:  We look forward to advice of the outcome of the review of 
import approval requirements for scrap metal.  We would like to see the da te on which they will 
be eliminated included in a revised and updated version of Table 12(b). 
Answer :  
[Ukraine will eliminate import approval requirement s for scrap metal by the date of accession.  The 
Law on Foreign Economic Activities will be amended accordingly.] 
Question 31 
WT/ACC/UKR/130, Question 83:  We look forward to advice of the outcome of the review of 
the activity licensing requirements to engage in im portation of the products listed in Table 6(a).  
We would like to see the date on which they will be eliminated included in a revised and 
updated version of Table 6(a). 
Answer :  
Ukraine takes note.   Question 32 
WT/ACC/UKR/130, Question 84:  We look forward to advice of the outcome of the review of 
the requirements to engage in importation.  We would like to see the date on which they will be 
eliminated included in a revised and updated version of Table 12(b). 
Answer
:  
Ukraine takes note.  
Question 33 
WT/ACC/UKR/130, Questions 85-88:  We appreciate the clarifications provided.  However, we 
would appreciate more information about the im port licensing requirements applicable to 
products in Table 12(c) to conf irm that they are automatic. 
Do they apply to all legal and natural persons? 
What are the applicable requirements set by the Law "On Foreign Economic Activity" of 
16 April 1991 No. 959-XII whose non-observance coul d lead to the non-issuance of the licence? WT/ACC/UKR/131 
Page 16  
 
Answer
:  
The import requirements for the products listed u nder Table 12(c) apply to all legal and natural 
persons. 
According to Article 15 of the Draft Amendm ents to the Law on Foreign Economic Activities 
16 April 1991 No. 959-XII, the licence may not be refused after necessary documents are submitted, 
if the latter comply with prescribed requirements. 
Question 34 
WT/ACC/UKR/130, Question 89:  We understand this question is under review, and would 
hope for a firm commitment from Ukraine not to introduce import quotas for meat and would 
abide by the prohibition on seeking recourse to such measures under Article XI:1 of 
GATT 1994 and Article 4 of the Agriculture Agreement. 
Answer :  
Currently, there are no import quotas on meat in Ukra ine.  Ukraine commits to not introduce such 
measures in the future.    
Question 35 
WT/ACC/SPEC/UKR/5/Rev.2, Paragraph 130.  We would urge Ukraine to eliminate the 
existing import bans of buses, trucks and cars of older than eight years by accession. 
We would propose the following commi tment language for paragraph 130: 
The representative of Ukraine confirmed that  Ukraine will eliminate the ban on imports 
of buses and trucks of older than eight years and of cars older than eight years from the date of accession.  After this date, the impo rted vehicles will be subject to the same 
domestic legislation that is applied to all cars of similar age used in traffic in the 
territory of Ukraine to ensure that they co mply with the relevant technical norms on 
safety and environmental standards.  Fr om the date of accession, Ukraine would 
eliminate and would not introduce, re-introduce or apply quantitative restrictions on imports or other non-tariff measures such as licensing, quotas, bans, permits, prior 
authorization requirements, licensing requirements, and other restrictions having 
equivalent effect, that are not compatible with the provisions of the WTO Agreement.  
He further confirmed that the legal authority of the Government of Ukraine to suspend 
imports and exports or to apply licensing requirements that could be used to suspend, ban, or otherwise restrict the quantity of trade would be applied from the date of 
accession in conformity with the requirements  of the WTO, in particular Articles XI, 
XII, XIX, XX, and XXI of the GATT 1994, and the Multilateral Trade Agreements on 
Agriculture, Sanitary and Phytosanitary Measures, Import Licensing Procedures, 
Safeguards and Technical Barriers to Trade.   The Working Party took note of these 
commitments.   
Answer:
 
Ukraine took note of this propos ition of the commitment language.  WT/ACC/UKR/131 
 Page 17 
 
 
 - Customs valuation 
Question 36 Document WT/ACC/UKR/98/Add.16.  We note that in the "Regulation on the interpretative 
notes for application of the Customs Code Provisions on Customs Valuation of Ukraine", the Articles 9, 11 and 15.4 of the Interpretative  Notes to WTO Customs Valuation Agreement are 
not included. Article 11 is important since it is about appeal procedures. We therefore urge 
Ukraine to transpose these relevant provisions of th e Interpretative Notes into its national law.  
Answer:
 
Article 11 is fully reflected in the Amendments of  the Customs Code – Article 264.  Furthermore, 
Ukraine prepared the Draft Law on Amendmen ts to the Customs Code of Ukraine.  
The draft Law provides the harmonization of some Customs Code provisions to the requirements of 
the General Agreement on Tariffs and trade, namely  the Agreement on Rules of Origin, Agreement on 
Customs Valuation and Special Annex to the International Convention on simplification and 
harmonization of the custom procedures (in ed ition (version) of the Protocol of 1999) . 
This draft law takes into consideration the aboveme ntioned remarks (the draft law has been submitted 
to the Secretariat, see document WT/ACC/UKR/131/Add.1). 
- Anti-dumping, countervailing duties, safeguard regimes 
Question 37 We have submitted to Ukraine textual changes to  "The Act of Ukraine on application of the 
measures of safeguard against imports to Ukra ine" and would urge Ukraine to change their 
legislation accordingly in order for it to be in compliance with the WTO Agreement on 
Safeguards. 
Answer:
 
Ukraine will take into account proposed textual changes in its draft amendments to the Law on 
Application of Special Measures ("Safeguards") against Imports to Ukraine. 
Question 38 
We have the following comments on the Ukrainia n legislation in the area of Anti-dumping and 
countervailing duties: 
Ukraine – "The Law of Ukraine on safeguards of the national industry against dumped 
imports" (No. 330-XIV, 22 December 1998); and Amendment  
General comment:  
Some of the basic concepts do not seem to be fully in line with the WTO Anti-Dumping 
Agreement (ADA). While in many cases this is probably due to translation problems, it 
might sometimes create confusion on the meanin g of the concepts itself. This is e.g. the 
case for Article 1, 8) ("serious injury" shou ld probably read "material injury") or 
Article 1, 16 ("normal cost" instead of "normal value"). We therefore suggest that the wording be aligned as much as possible with that of the ADA. WT/ACC/UKR/131 
Page 18  
 
Specific Comments:
 
− Article 1, 5): the definition of dumping as such should not include the concepts of 
injury and causation but be limited to the notion as defined in Article 2.1 ADA. 
− Article 1, 20): Article 6.11 ADA does not require that parties cooperate in the 
investigation in order to qualify as interested party. 
− Article 1, 21) does not seem to reflect th e concept of "ordinary course of trade" 
laid down in Article 2.2. et seq. ADA 
− Article 7.8, 2): should "above per unit costs of production" read "below…"? 
− Article 10.3, 1): the Amendment does no  longer seem to require that price 
undercutting is significant, although this is required by Article 3.2 ADA. 
− Article 10.5 does not seem to mention a ll injury indicators of Article 3.4 ADA 
(see in particular market share and ability to raise capital). Moreover, the meaning of the first sentence of 10.5.1) ("incomplete reimbursement to a national producer of the actual amount of a margin of dumping and incomplete 
elimination of the effects of a consequent impact of…") is unclear.  Finally this 
provision also refers to contraction in  demand, which rather belongs to the 
factors listed in 10.7 of the law. 
− Article 10.7: "may" should be replaced by "shall" since other factors of injury 
shall be examined by the investigating authorities pursuant to Article 3.5 ADA. 
− Article 12.3 seems to imply that applications can be made by any appropriate 
body of the Ukrainian government. Would such applications be made on behalf 
of the domestic industry?  Under what conditions?  
− Article 12.6 does not seem to be in line with Article 5.4 ADA as it does not seem 
to require support of the application by 50 per cent of the total production of 
those supporting or opposing the complaint, at initiation stage, but only later on in the course of the investigation. 
− Article 13.3: What are the normal dead lines for replying to a questionnaire?  
(see Article 6.1.1 ADA) 
− Article 20.2,1) provides that an interim review shall be initiated if there is 
sufficient evidence that "continuation of the application of the anti-dumping 
measures is reasonable for elimination of dumping".  The meaning of this 
provision is not clear, as it does not refer to any changed circumstances justifying an interim review. 
− Article 26:  How do the special provisions on products with short production 
cycle relate to the ADA?  
Answer:
 
Ukraine will take into account these concerns in its  draft amendments to the Law on Protection of 
Domestic Producer from Dumped Imports No. 330-XIV. 
Question 39 
"The Act of Ukraine on safeguards of the na tional industry against subsidized imports" 
General comment:  
Similar observations can be made for the Ukrainian CVD legislation in regard to 
terminology used in the ASCM.  In regard to the translation, already the title of the law 
is erroneous.  It is not "safeguards of" th e national industry – but "for" the national 
industry.  WT/ACC/UKR/131 
 Page 19 
 
 
 Specific comments:  
− Article 7 mixes up the concept of specificity in regard to a subsidy and the CVD 
measure in its title and the following Articles are unclear in regard to specificity and actionability of a subsidy. 
− Article 10 outlines the general principles of "calculation of the amount of non-
actionable subsidy" this title is erroneous it should just read "calculation of the 
amount of subsidy" 
− Article 13 – definition of injury: "serious injury" should be replaced by 
"material injury" 
− Article 13.3 does not mention that the investigating authorities should consider 
whether there has been a significant increase in subsidized imports (Article 15.2 ASCM) 
− Article 13.5.1 First sentence "incomplete elimination of the effects of previous 
subsidy on the national producer or indemnification of the national producer for 
a shoestring margin of dumping" is unclear and does not correspond to any 
provisions of the ASCM. 
− Article 15.1 also gives the possibility for lodging a CVD complaint to trade 
Unions of the employees of the national enterprise. Please explain how this relates with the provisions of Article 15.8 "application made by or on behalf of the national industry"- does a complaint lodged by Unions also have to be supported by at least 25 per cent of national producers? 
− Article 17.12 limits the application of provisional CVD measures to four months 
but permits an extension to further two mo nths (total six months).  This does not 
correspond with Article 17.4 ASCM limiting the application of provisional CVD measures to four months. 
The law does not foresee consultation s according to Article 13 ASCM.  
Answer:
 
Ukraine will take into account these concerns thr ough drafting amendments to the Law on Protection 
of Domestic Producers from Subsidized Imports No. 331-XIV. 
B. EXPORT REGULATIONS 
Question 40 WT/ACC/UKR/130, Questions 98-113:  We thank Ukraine for noting our requests and would 
encourage Ukraine to make the necessary commitments to elim inate the export duties, the 
export restrictions and the measures which may le ad to the use of export subsidies that have 
been mentioned in these questions, including: 
- all quantitative export restrictions in Table 17(b) of WT/ACC/SPEC/UKR/5/Rev.2 by 
the date of accession, including the export bans on non-ferrous metal scrap and other 
quantitative export restrictions in this table; 
- all export approval requirements relating to products falling to HS headings 2616, 2843, 
7018, 7103, 7104 and 7105 listed in Tabl e 18(c), by the date of accession; 
- the export licensing and prior approval require ments applicable to all products listed in 
Table 18(a) of WT/ACC/SPEC/UKR/5/Rev.2 for which a justification was provided under Article XX(d) or (g) of GATT 1994, by the date of accession; 
- all export contract registration requirements; WT/ACC/UKR/131 
Page 20  
 
- all minimum indicative export prices a nd the approval requirements in relation to 
export prices that do not meet the minimu m indicative export price requirements; and 
- the B and C Quotas for domestic refined sugar.  
Answer
:  
Ukraine takes note concerning bullets 1-3.   
As for 4-6 bullets:  Ukraine does not currently main tain export contract registration requirements.  
The Order of the President of Ukraine "On Consid ering Invalid Some Orders of the President of 
Ukraine" No. 1003/2005 was adopted on 29 June 2005, and came into force on 12 July 2005. 
As to minimum indicative export prices, there is  no indicative export prices now. President Decree 
No. 691 dated 18 November 1994 is not valid now. 
Draft Law No. 7568 currently in the Parliament  eliminates B and C Quotas for domestic refined 
sugar. 
Question 41 
WT/ACC/UKR/130, Questions 101-103:  We are plea sed to note that there is a Draft Law "On 
export Duty on Wastes and Scrap Non-Ferrous Metals and Alloy Steel" which provides for the 
elimination of ban on export of scrap non-ferrous metals. 
- We would appreciate advice on the passage of this Law. 
- Could Ukraine please clarify whether this Law will also eliminate the prohibitions in the 
export of scrap metals categorised in Question 103? 
- We would also like to restate our request fo r an appropriate entry in a revised Table 17 
of WT/ACC/SPEC/UKR/5/Rev.2 that includes de tails of these measures and a date of 
their elimination. 
Answer :  
Draft Law No. 7565 "On Introduction of Amendments  to the Law on Export Duty on Ferrous Waste 
and Scrap" replaces prohibitions on the export of n on-ferrous waste and scrap in the Law on Scrap 
Metal with export duties.  The following is the schedule of export duties: 
− 30 per cent but not less than € 0.4 for 1 kilogram for alloy steel and aluminium; 
− 30 per cent but not less than € 0.3 for 1 kilogram for plumb; 
− 30 per cent but not less than € 1 for 1 kilogram for copper; 
− 30 per cent but not less than € 5.5 for 1 kilogram for nickel; 
− 30 per cent but not less than € 4 for 1 kilogram for titanium; 
− 30 per cent but not less than € 1.6 for 1 kilogram for tin;  
− 30 per cent but not less than € 0.32 for 1 kilogram for zinc. 
Draft Law adopted by Supreme Rada of Ukraine in first reading 6 July 2005 
Question 42 
Export duty on non-ferrous scrap.  We note that the levels of export duties set for non-ferrous 
scrap in the Law of Ukraine "On Export Duty on Scrap of Non-Ferrous Metals and alloyed 
Steel", are too high and considered prohibitive, and therefore equalling an export ban.  We urge 
Ukraine to further reduce the export dut ies to a non-prohibitive level.    WT/ACC/UKR/131 
 Page 21 
 
 
 Answer:  
Please note that the Law of Ukraine titled "On E xport Duty on Scrap of Non-Ferrous Metals and 
alloyed Steel" does not exist. 
Draft Law No. 7565 "On Introduction of Amendments  to the Law on Export Duty on Ferrous Waste 
and Scrap" replaces prohibitions on the export of n on-ferrous waste and scrap in the Law on Scrap 
Metal with export duties.  The following is the schedule of export duties: 
− 30 per cent but not less than € 0.4 for 1 kilogram for alloy steel and aluminium; 
− 30 per cent but not less than € 0.3 for 1 kilogram for plumb; 
− 30 per cent but not less than € 1 for 1 kilogram for copper; 
− 30 per cent but not less than € 5.5 for 1 kilogram for nickel; 
− 30 per cent but not less than € 4 for 1 kilogram for titanium; 
− 30 per cent but not less than € 1.6 for 1 kilogram for tin;  
− 30 per cent but not less than € 0.32 for 1 kilogram for zinc. 
Draft Law adopted by Supreme Rada of Ukraine in first reading. 
Question 43 
WT/ACC/UKR/130, Question 106:  Ukraine states th at the export duty rates currently applied 
to scrap ferrous metals would be liberalised gradua lly.  We request that details be provided on 
how liberalisation will be achieved, and would hope that the final outcome will be the 
elimination of the export duties. 
Answer :  
Draft Law on amending the Law of Ukraine "On Expo rt Duty on Ferrous Metal Wastes and Ferrous 
Scrap Metal" has been submitted by the Cabinet of Mi nisters to the Parliament as a priority Draft.  
Draft number is 7563.    The Draft reduces export duties from € 30 per ton to € 25 per ton starting 
1 January 2006 and to € 18 per ton starting 1 January 2007. 
Question 44 
Export duty on ferrous scrap.  We note that th e level of the export duty for ferrous scrap as set 
in the Law of Ukraine "On Export Duty on Wast e and Scrap of Ferrous Metals", is too high 
and considered prohibitive, and therefore equalling an export ban. We urge Ukraine to further 
reduce the export duties to a non-prohibitive level.   
Answer:  
Draft Law on amending the Law of Ukraine "On Expo rt Duty on Ferrous Metal Wastes and Ferrous 
Scrap Metal" has been submitted by the Cabinet of Mi nisters to the Parliament as a priority Draft.  
Draft number is 7563.    The Draft reduces export duties from € 30 per ton to € 25 per ton starting 
1 January 2006 and to € 18 per ton starting 1 January 2007. 
Question 45 
WT/ACC/UKR/130, Question 107:  We apprecia te Ukraine's acceptance of our suggested 
amendments and request that these be included in the revised draft report of the Working 
Party. WT/ACC/UKR/131 
Page 22  
 
Answer
:  
Ukraine does not object to the proposed amendments under Question 107 of WT/ACC/UKR/130 and 
does not object to their inclusion in the revised Draft Working Party Report. 
Question 46 
WT/ACC/UKR/130, Questions 108-109:  We th ank Ukraine for noting our requests and 
encourage Ukraine to make the necessary commitments to eliminate:  
Answer :  
This question is under the review now.  The Wo rking Party members will be informed about the 
decision of this review 
Question 47 
WT/ACC/UKR/130, Question 111:  We are pleased to note that the Cabinet of Ministers has 
approved the Draft Order of the President "On Considering Invalid Some Orders of the President of Ukraine", with the purpose of liberalis ing the export of goods from Ukraine.  When 
will the Presidential Decree lik ely to come into force? 
Answer
:  
The Order of the President of Ukraine "On Consid ering Invalid Some Orders of the President of 
Ukraine" No. 1003/2005 was adopted on 29 June 2005, and came into force on 12 July 2005.     
Question 48 
WT/ACC/UKR/130, Question 147:  We appreciate Ukraine's intention to abolish the B and C 
Quotas for domestic refined sugar, and look forwar d to a positive outcome that can be noted in 
the report. 
Answer :  
The Draft Law on abolishing B and C quotas has been  drawn up and is being under consideration in 
the Parliament.   
- Export subsidies and industrial subsidies  
Question 49 
1.  Paragraphs 180 and 196 of WT/ACC/SPEC/UKR/5/Rev.2.  We do not agree with the 
modified commitment texts for paragraphs 180 and 196 of the Draft Working Party Report Ukraine had submitted to the Working Party in the recent document "Comments to WT/ACC/SPEC/UKR/Rev.2." Uk raine's new proposal mentions that 
Ukraine would apply its national taxes, including excise duty and VAT, in compliance with the Subsidies Agreement. The relevant sect ions of the Draft Working Party Report 
where the commitment paragraphs 180 and 196 relate to, concern however subsidies in 
general (export and industrial subsidies) , and therefore the commitment language 
should cover all subsidies, whatever the form, not only those given in the form of specific 
taw exemptions. We do not agree.  WT/ACC/UKR/131 
 Page 23 
 
 
 2.  We also note that the information subm itted by Ukraine indicates that the exemption 
from import duty is still maintained unt il 2007 as regards the shipbuilding sector. 
3.  We would therefore propose the following commitment language for  paragraphs 180 
and 196: 
The representative of Ukraine confirmed that  from the date of accession Ukraine will 
not maintain subsidies, except subsidies to shipbuilding 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 took note of this proposition of the co mmitment language and is ready to incorporate 
following changes in paragraphs 180 and 196: 
[The representative of Ukraine confirmed th at from the date accession Ukraine will not 
maintain subsidies, which meet the definition of  a prohibited subsidy, within the meaning of 
Article 3 of Agreement on Subsidies and C ountervailing Measures, and that it will not 
introduce such prohibited subsidies in the future , with exception for subsidies to shipbuilding 
industry in the form of exemption from the import duty until 31 December 2006.  The Working Party took note of this commitment.] 
C. INTERNAL POLICIES AFFECTING FOREIGN TRADE IN GOODS 
- Technical Barriers to Trade 
Question 50 WT/ACC/UKR/5/Rev.2:  Ukraine's Draft Law on Standards, Technical Regulations and 
Conformity Assessment Procedures has been s ubmitted to the Parliament and when adopted 
will supersede the 2001 Law on Conformity A ssessment and the Law on Standardization.  
Paragraph 197 and possibly other parts of th e Draft Working Party Report on TBT (e.g., 
paragraphs 200, 203-205) will need to be updated to reflect the actual content of the new Law 
once approved.  This will also be true for proposed amendments to the Law on Quality and Safety of Foodstuffs and Raw Food, and possibly the new Law on General Safety of Products (if 
relevant).  
Answer
:  
Ukraine will make the necessary updating and am endments to duly reflect the regulatory and 
legislative developments occurred.  
Question 51 
Paragraph 200 should be updated to reflect th e List of Products Subject to Mandatory 
Certification in Order No. 28 of 1 February 2005. 
Answer :  
Ukraine will make the necessary updating and am endments to the relevant paragraph.  WT/ACC/UKR/131 
Page 24  
 
Besides, according to the Order of the State Committee for Technical Re gulation and Consumer 
Policy No. 171 of 14 July 2005 one more category of  low-risk goods has been removed from the list 
of products subject to mandatory certification, na mely category "8.14 Optical wares for medicinal 
purposes". 
Question 52 
Paragraphs 201-202 should be updated to reflect the amended Interstate Standard (DSTU) 
No. 1168-86 on shelf life for fish products.  Th e last sentence concerning mandatory certification 
for other products is unrelated to the shelf-lif e issue and could be merged into paragraph 200. 
Answer
:  
Ukraine is in the process of revising the exis ting DSTU and bringing it into conformity with 
international standards.  Ukraine will make the necessary updating and amendments to duly reflect 
these changes in the Working Party Report. 
Ukraine does not object to removing the last sentenc e of paragraph 201 and merging it into paragraph 
200.   
Question 53 
Paragraph 203: Suggest deletion of "...includi ng the 'modular approach' to conformity 
assessment based on ISO/IEC provisions."  We believe the "modular approach" refers to the European Commission's approach, rath er than to ISO/IEC provisions.   
Suggest deletion of "...and, for higher risk pr oducts, third party certification such as ISO 9000 
should constitute an alternative to costly a nd time-consuming plant inspection."  ISO 9000 does 
not require third party certification.  It is a tool for quality management and not necessarily a 
replacement for regulation of high-risk product as suggested in the text. 
Answer
:  
Ukraine does not object to the proposed deletions above.   
Question 54 
Paragraph 207:  It is our understanding that on 26 May 2005, the Cabinet of Ministers 
approved a Resolution on Establishment of a Centre for Processing Inquiries from WTO 
Member States and for Notifications (the Inquiry Point).  This paragraph should be updated to 
reflect the effect of this Resolution, if appropriate. 
Answer :  
Ukraine will make the necessary updating and amendmen ts to the relevant paragraph of the Draft 
Working Party Report to reflect the effe ct of the abovementioned Resolution.  
The updated text should include the text provided below: 
"On 31 May 2005, the Cabinet of Ministers approved a Resolution on Establishment of a Centre for 
Processing Enquiries from WTO Member-States and for Notifications (the Enquiry and Notification 
Point) to establish a centre for processing inquiries from WTO Members and to make WTO 
notifications (including on TBT matters).  The adopt ion of this legislative instrument was meant to  WT/ACC/UKR/131 
 Page 25 
 
 
 comply, inter alia , with the transparency obligations under the TBT Agreement".  The Enquiry and 
Notification Point will be operational by the date of accession to the WTO. 
Question 55 
Paragraphs 209-210:  It is our understanding that Ukraine is not seeking a transition for 
implementation of the TBT obligations and its commitment to comply upon accession should be 
noted. 
Answer :  
Ukraine confirms its intention to comply with all 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, Adoption and Application of Standards. 
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.   
Question 56 
Draft Law on Development and Application of Standards, Technical Regulations and 
Conformity Assessment Procedures:  We have expressed our concern that the draft Law (and 
TBT Action Plan) fails to distinguish between in ternational and regional standards, with equal 
priority given to them.  The TBT Agreement , in contrast, obliges WTO members to give 
priority to using relevant international standa rds.  (As defined in the TBT Agreement, regional 
bodies are not open to all WTO members).  Th e current draft of the Working Party Report 
(paragraph 199) indicates that "in the area of standardization, priority is given to 
harmonization with international standards and,  in adopting regional standards as national 
standards, preference is given to those regional  standards that are iden tical to international 
standards."   
We are seeking confirmation in the Working Party Report that Ukraine will give priority 
consideration to relevant international standa rds, guidelines and recommendations as a basis 
for it standards, technical regulations and associated conformity assessment procedures. 
Answer
:  
Ukraine does not object to introduce changes to the Draft Law on Development and Application of 
Standards, Technical Regulations and Conformity Assessment Procedures as well as confirm in the 
Draft Working Party Report that Ukraine will give priority consideration to relevant international 
standards, guidelines and recommendations as a basi s for it standards, technical regulations and 
associated conformity assessment procedures.  
Question 57 
We have also expressed concern with certai n privileges associated with "international 
agreements" (e.g., in Articles 5 and 44 of the La w).  In bilateral discussions, Ukraine has 
clarified that the WTO fell within the definiti on of "international agreement" for purposes of 
implementing its Law. 
We are seeking confirmation of this understandi ng in the Working Party Report (when revised 
to reflect the content of this new Law). WT/ACC/UKR/131 
Page 26  
 
Answer
:  
In the draft law, the term "international agreemen t" is defined as: any international agreement, 
including bilateral and multilateral mutual recognition agreements, of which Ukraine is a participant, 
regarding development and applica tion of standards, technical regulations and conformity assessment 
procedures; 
This definition clearly includes the WTO Agreem ent "regarding development and application of 
standards, technical regulations a nd conformity assessment procedures." 
Ukraine does not object to confirm this unders tanding in the Draft Working Party Report. 
Question 58 
As regards the Ukrainian law "On developmen t and application of standards, technical 
regulations and conformity assessment procedures" , we have comments regarding two Articles 
and would propose the following amendments to bring these Articles in compliance with the 
TBT Agreement: 
Article 13 paragraph 3 The current wording "The implementation of standards is voluntary except for cases 
when application of standards is required by  technical regulations", should be replaced 
by: 
"The implementation of standards is voluntary unless for exceptional cases
 when 
application of standards is required by technical regulations". 
Answer:  
As far as wording "unless for exceptional cases" may lead to some misinterpretation when applying 
this provision, Ukraine intends to introduce ch anges provided below into the Draft Law on 
Development and Application of Standards, T echnical Regulations and Conformity Assessment 
Procedures.  
"The implementation of standards is voluntary ex cept for cases when application of standards is 
required by technical regulations approved in accord ance with legislation intended to ensure national 
security, prevent deceptive practices, protect the life and health of people, animals or plants, as well as 
protect the environment". 
Question 59 
Article 59 paragraph 2   The current wording "The notification for a draft technical regulation and/or conformity 
assessment procedure shall be submitted in the fo rmat and with the information required by the 
agreement or organisation no less than 60 cale ndar days before the relevant expert working 
group is scheduled to finalise a draft technical regulation or conformity assessment procedure", 
should be replaced by: 
"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 organisation no less than 60 calendar days before the relevant expert  WT/ACC/UKR/131 
 Page 27 
 
 
 working group is scheduled to review  a draft technical regulation or conformity 
assessment procedure." 
Answer:  
Ukraine will introduce this suggestion into th e Draft Law on Development and Application of 
Standards, Technical Regulations, a nd Conformity Assessment Procedures. 
Question 60 Paragraph 210 of WT/ACC/SPEC/UKR/5/Rev.2.  We would propose the following commitment 
language for the TBT section: 
General commitments on standards
 
The representative of Ukraine confirmed that  Ukraine will comply with all obligations 
under the WTO Agreement on Technical Barriers  to Trade from the date of accession 
without recourse to any transition period, and would sign and follow the Code of Good Practice for the preparation, adoption and application of standards from the date of its accession to the WTO.  
The representative of Ukraine further confirmed that from the date of accession, all 
existing Soviet-era and other regional standard s will be voluntary with respect to products 
imported from WTO member countries.  National standards will remain mandatory only for non-imported products and only by refe rence to a technical regulation, adopted by a 
public authority in accordance with legitimate objectives, such as national security, preventing of misuse practices, protection of the health and life of physical persons, of the health and life of animals, plants protection, and environment protection. All existing 
Soviet-era and other regional standards will  continue to apply as mandatory only to 
products produced in Ukraine or imported  from non-WTO member CIS states.  These 
standards will be replaced with international standards, or technical regulations based on international standards, in accordance with the timetable outlined in WT/ACC/UKR/129, and be fully replaced by 31 December 2011. With respect to the items for which 
certification remains mandatory in Ukraine, the representative of Ukraine confirmed that 
imported products meeting either internationa l, European, or national standards will be 
accepted.   
General commitments on conformity assessment procedures
 
The representative of Ukraine confirmed th at Ukraine will use relevant guides or 
recommendations issued by international st andardizing bodies as the basis for new 
conformity assessment procedures in a ccordance with Article 5.4 of the TBT 
Agreement. Ukraine shall accept conformity assessment certificates issued by internationally recognized authorities of the ex porting countries, or approvals provided by 
recognized independent conformity assessme nt bodies or agencies recognized by the 
Ukrainian Governmental body. Ukraine al so shall reduce further the number of 
categories of imported products subject to manda tory certification prior to the end of year 
2011 and shall notify the revised  list to the WTO by 31 January 2012, and will complete 
the process of conversion to voluntary certif ication in accordance with the timetable 
outlined in WT/ACC/UKR/129.   
The representative of Ukraine confirmed that  prior to the date of accession, Ukraine 
will amend its laws and regulations as described in WTO/ACC/UKR/129 to ensure that 
its conformity assessment procedures reflect ed options for achieving confidence in the WT/ACC/UKR/131 
Page 28  
 
technical competence of bodies located in the territory of other WTO members to 
perform conformity assessment and have  their results accepted by Ukrainian 
authorities.  Such options would include: the conclusion of agreements with conformity assessment bodies in other countries (e.g., a ccreditation bodies; certification bodies); the 
acceptance and non-discriminatory  consideration of applications for accreditation from 
conformity assessment bodies located in other WTO members and the acceptance of 
conformity assessment results from qualifying  bodies; and other means of recognition of 
equivalent procedures. 
General commitments
 
The representative of Ukraine confirmed that Ukraine shall apply the same controls, 
criteria and rules regarding technical regula tions, standards certification and labelling 
requirements to imported and domestic goods, a nd will not use such regulations to restrict 
imports. Ukraine will ensure that its techni cal regulations, standards certification and 
labelling requirements are not applied to imports in an arbitrary manner, in a way that discriminates between supplie r governments wh ere the same conditio ns apply or as a 
disguised restriction on international trade.  Ukraine shall make sure that internal 
mechanisms will exist, upon accession, to inform  and consult with, on an ongoing basis, 
government agencies and ministries (at nation al and sub-national levels), and private 
sector interests on the rights and obligations under the GATT 1994 and the TBT Agreement.   
The representative of Ukraine confirmed that Ukraine will, upon request of WTO 
members, meet to discuss all these measures and their impact on trade with a view to 
resolving problems. The Working Party took note of these commitments. 
Answer:
 
With respect to these comments and suggestions  put forward in the "Non Paper Ukraine on 
WTO/TBT Accession - Final Commitments" we w ould propose our version of the commitment 
language for the TBT section. 
Ukraine confirms its intention to comply with all 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 deceptive practices, protect the life and health of people, 
animals or plants, as well as protect the 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 Standa rds Review envisioned 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 Agreemen t on Technical Barriers to Trade (document 
WT/ACC/UKR/129).  To guarantee the necessary degree of technical and regulatory effectiveness to 
fulfil its legitimate objectives, while avoiding u nnecessary obstacles to international trade, Ukraine's 
process of technical and regulatory harmonization shall be carried out on the basis of an informed and  WT/ACC/UKR/131 
 Page 29 
 
 
 technical process of standards' development a nd 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 sh all all be replaced at the latest by January 2011. 
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 th e WTO Agreement on Technical Barriers to Trade 
provided by conformity assessment bodies of exporting countries based on their confirmed adequacy and reliable technical competence as well as the recognition 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 a nd shall inform the WTO Members by means of a 
notification to the WTO by 1 December 2005.  Ukra ine shall also complete the process of regulating 
conformity assessment (manufacturer's declaration of  conformity and third party's certification) 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 envision the entry into agreements with conformity assessment bodies of 
other countries, acceptance and non-discriminator y review of accreditation applications from 
conformity assessment bodies located in the territori es of other 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 1994 and the Agreement on Technical Barriers to Trade. WT/ACC/UKR/131 
Page 30  
 
- Sanitary and Phytosanitary Measures 
Question 61 Paragraph 221 of WT/ACC/SPEC/UKR/5/Rev.2.  We would propose the following commitment 
language for the TBT section: 
The representative of Ukraine stated that from the date of accession to the WTO his 
Government would apply all its sanitary requi rements consistently with the requirements 
of the WTO Agreements on Sanitary and Phyt osanitary Measures an d Import Licensing 
Procedures without recourse to any transiti onal arrangements.  He added that Ukraine 
would not require additional certification or sanitary registration for products which have been certified as safe for human use a nd consumption by recognized foreign or 
international bodies, and Ukraine would ensure th at from the date of accession its criteria 
for granting prior authorization or securing the required certification for imported products would be published and available 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 Workin g Party took note of these commitments 
Answer:
 
With regard to this proposition for commitmen t language we would propose our version of the 
commitment 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 sanitary requirement s consistently with the require ments of the WTO Agreements on 
Sanitary and Phytosanitary Measur es and Import Licensing Proced ures without recourse to any 
transitional arrangements.  He added that Ukraine would ensure that from the date of accession its criteria for granting prior authorization or securi ng the required certificati on for imported products 
would be published and available 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 tr ade with a view to resolving specific problems.  The Working Party took note of 
these commitments 
Ukraine considers it impossible to agree with the in clusion to the report of the following text:  "He 
added that Ukraine would not require additional certif ication or sanitary registration for products which 
have been certified as safe for human use and co nsumption by recognized foreign or international 
bodies" because it's not clear what is meant by "recognized foreign or international bodies", what products are subject to the following regime, and which certification procedures on safety are being 
used in these bodies.  
- Trade-related investment measures 
Question 62 
Paragraph 226 of WT/ACC/SPEC/UKR/5/Rev.2.  We would propose the following commitment 
language for the TRIMs section: 
 The representative of Ukraine confirmed th at from the date of accession, Ukraine will 
apply its investment regime in compliance with the relevant provisions of the WTO, including the Agreement on Trade-Related Investment Measures, and in a  WT/ACC/UKR/131 
 Page 31 
 
 
 non-discriminatory manner - to imports from  all WTO Members and to domestically 
produced goods.  The Working Party took note of this commitment. 
Answer:  
Ukraine took note of this propos ition of the commitment language. 
- Free zones, special economic areas 
Question 63 
Paragraph 243 of WT/ACC/SPEC/UKR/5/Rev.2:  We would like the brackets to be removed 
from the commitment text of paragraph 243. 
Answer:  
There are two proposed bracketed commitments.  It is unclear which commitment text is being 
referenced in the question. 
V. TRADE-RELATED INTELLECTUAL PROPERTY REGIME 
(d) Application of national and MF N treatment to foreign nationals 
Question 64 Paragraph 287 of WT/ACC/SPEC/UKR/5/Rev.2.  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 Member or Ukraine has not concluded a 
relevant agreement with the foreign country regarding reciprocal protection of this type of indications of origin 
Answer:
 
Draft amendments to the Law "On Protection of Right s to Indications of Origin of Goods" are being 
prepared to address this concern. 
2. Substantive Standards of Protection 
(c) Geographical indications, including appellations of origin Question 65 Paragraph 299 of WT/ACC/SPEC/UKR/5/Rev.2.  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 WT/ACC/UKR/131 
Page 32  
 
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 Member or Ukraine has not concluded a 
relevant agreement with the foreign country regarding reciprocal protection of 
this type of indications of origin 
Answer:
 
Draft amendments to the Law "On Protection of Right s to Indications of Origin of Goods" are being 
prepared to address this concern. 
(h) Requirements on undisclosed information,  including trade secrets and test data 
Question 66 Paragraph 311 of WT/ACC/SPEC/UKR/5/Rev.2.  We would like to see the brackets removed 
from the commitment text of paragraph 311. 
Answer:
 
Ukraine took note of this comment. 
4. Enforcement 
(c)  Provisional measures Question 67 We would like to see the following commitmen ts added to the end of this section: 
Preservation of evidence
 
 The representative of Ukraine 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 competent judicial authorities may, on 
application by a party who has presented re asonably available evidence to support 
his/her claims that his/her intellectual property right has been infringed or is about to be 
infringed, order prompt and effective provisional measures to preserve relevant evidence in respect of the alleged infringement, subject to the protection of confidential 
information. 
 Such measures will include the detailed description, with or without the taking of 
samples, or the physical seizure  of the infringing goods, and, in appropriate cases, the 
materials and implements used in the production and/or distribution of these goods and 
the documents relating thereto.  Those measures  shall be taken, if necessary without the 
other party having been heard, in particular where any delay is likely to cause 
irreparable harm to the rightholder or where there is a demonstrable risk of evidence 
being destroyed.  WT/ACC/UKR/131 
 Page 33 
 
 
  In establishing such procedure, Ukraine will preserve the rights of the defendant by 
ensuring that: 
 (a)  where measures to preserve evidence are adopted without the other party having 
been heard, the parties affected shall be given notice, without delay after the 
execution of the measures at the latest.  A review, including a right to be heard, shall take place upon request of the part ies affected with a view to deciding, 
within a reasonable period after the notification of the measures, whether the 
measures shall be modified, revoked or confirmed. 
 (b)  measures to preserve evidence may be s ubject to the lodging by the applicant of 
adequate security or an equivalent assurance intended to ensure compensation for any prejudice suffered by the defendant. 
 (c)  the measures to preserve evidence can be revoked or otherwise cease to have 
effect, upon request of the defendant, without prejudice to the damages which may be claimed, if the applicant does no t institute, within a reasonable period, 
proceedings leading to a decision on the merits of the case before the competent 
judicial authority, the period to be dete rmined by the judicial authority ordering 
the measures where the law of a Member State so permits or, in the absence of 
such determination, within a period not exceeding 20 working days or 
31 calendar days, whichever is the longer. 
 (d)  where the measures to preserve eviden ce are revoked, or where they lapse due to 
any act or omission by the applicant, or  where it is subsequently found that there 
has been no infringement or threat of infringement of an intellectual property right, the judicial authorities shall have  the authority to order the applicant, 
upon request of the defendant, to provide the defendant appropriate 
compensation for any injury caused by those measures. 
Provisional and precautionary measures
 
 The representative of Ukraine confirme d that Ukraine will establish a judicial 
procedure that will allow right holders to  obtain provisional and precautionary 
measures in case of allegation of intellectual property right infringement. 
 1)  In particular, Ukraine shall ensure that the judicial authorities may, at the 
request of the applicant:  
(a) issue against the alleged infringer an interlocutory injunction intended to 
prevent any imminent infringement of an intellectual property right, or 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 such continuation subject to the lodging of guarantees intended to ensure the compensation of the rightholder; an 
interlocutory injunction may also be issued, under the same conditions, 
against an intermediary whose services are being used by a third party to 
infringe an intellectual property right; injunctions against intermediaries 
whose services are used by a third party to infringe a copyright or a 
related right; 
(b) order the seizure or deli very up of the goods suspected of infringing an 
intellectual property right so as to p revent their entry into or movement 
within the channels of commerce. 
 2)  In the case of an infringement comm itted on a commercial scale, Ukraine shall 
ensure that, if the injured party demonstrates circumstances likely to endanger the recovery of damages, the judicial authorities may order the precautionary WT/ACC/UKR/131 
Page 34  
 
seizure of the movable and immovable property of the alleged infringer, 
including the blocking of his/her bank a ccounts and other assets. To that end, 
the competent authorities may order the communication of bank, financial or 
commercial documents, or appropriat e access to the relevant information. 
 3)  The judicial authorities shall, in respect of the measures referred to under 1) and 
2), have the authority to require the applicant to provide any reasonably 
available evidence in order to satisfy themselves with a sufficient degree of 
certainty that the applicant is the rightholder and that the applicant’s right is 
being infringed, or that such infringement is imminent. 
 4)  Ukraine shall ensure that the provisional measures referred to under 1) and 2) 
may, in appropriate cases, be taken without the defendant having been heard, in 
particular where any delay would cause irreparable harm to the rightholder. 
 5)  In establishing such procedures, Ukraine will preserve the rights of the 
defendant by ensuring that: 
(a) In the event of provisional measures taken without the defendant being 
heard, the parties shall be so informed  without delay after the execution of 
the measures at the latest.  A review, including a right to be heard, shall 
take place upon request of the defendant with a view to deciding, within a 
reasonable time after notification of the measures, whether those measures 
shall be modified, revoked or confirmed. 
(b) the provisional 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, within  a reasonable period, proceedings 
leading to a decision on the merits of the case before the competent judicial 
authority, the period to be determined by the judicial authority ordering 
the measures where the law of a Member State so permits or, in the 
absence of such determination, within a period not exceeding 20 working days or 31 calendar days, whichever is the longer. 
(c) the competent judicial authorities may make the provisional measures 
referred to under 1) and 2) subject to  the lodging by the applicant of 
adequate security or an equivalent assurance intended to ensure 
compensation for any prejudice suffered by the defendant as provided for 
in the following paragraph. 
(d) where the provisional measures are revoked or where they lapse due to 
any act or omission by the applicant, or where it is subsequently found that 
there has been no infringement or threat of infringement of an intellectual property right, the judicial authorities shall have the authority to order the 
applicant, upon request of the de fendant, to provide the defendant 
appropriate 
Answer:
 
With account for these proposals, we suggest that Sec tion 3 of the Draft Report be worded to read as 
follows (proposed amendments cited in italics):  WT/ACC/UKR/131 
 Page 35 
 
 
  "(c)  Provisional measures 
 Preservation of evidence  
 The representative of Ukraine confirmed that, in  order to ensure that evidence of intellectual 
property rights can be preserved, Ukraine will est ablish a judicial procedure whereby, even 
before the commencement of proceedings on the merits of a case on intellectual property 
rights infringement, the competent judicial authorities may, on application by a party who has 
presented reasonably available evidence to suppor t his/her claims that his/her intellectual 
property right has been infringed or is about to be infringed, pass rulings  ordering prompt and 
effective provisional measures to preserve relevant evidence in respect of the alleged 
infringement, subject to the protecti on of confidential information.  
 Such measures shall include discovery and examination of written and material evidence, 
examination by the court of evidence immedi ately at the place of location thereof, 
examination of premises, in which actions relating to infringements took place, seizure of 
property owned by a person, against whom th e provisional measures have been taken, and 
held by such person or other persons.  Those measures shall be taken, if necessary without 
the other party having been heard, in particul ar where any delay is likely to cause irreparable 
harm to the rightholder or where there is a demonstrable risk of evidence being destroyed. 
 In establishing such procedure, Ukraine will pr eserve the rights of the defendant by ensuring 
that: 
 (a)  where a ruling ordering  measures to preserve evidence is passed without the other 
party having been heard, the parties  affected shall be sent a copy of such ruling 
without delay after the execution  of the measures.  A review, including a right to be 
heard, shall take place upon request of the pa rties affected with a view to deciding, 
within a reasonable period after the furnishing of the ruling on the measures, of 
whether the measures shall be modified, revoked or confirmed. 
 (b)  in passing the ruling on  measures to preserve evidence the court may require that it 
be subject to the lodging by the applicant of adequate security or an equivalent 
assurance intended to ensure compensation for any prejudice suffered by the defendant. 
 (c)  the measures to preserve evidence may be revo ked or otherwise cease to have effect, 
upon request of the defendant, without prejudice to the damages which may be 
claimed, if the applicant does not institute proceedings leading to a decision on the 
merits of the case before the competent j udicial authority within ten working days 
from the date on which the ruling ordering measures to preserve evidence was 
passed.   
 (d)  where the measures to pr eserve evidence are revoked, or  where they lapse due to any 
act or omission by the applicant, or where it is subsequently found that there has been 
no infringement or threat of infringement of an intellectual property right, the judicial 
authorities shall have the authority to order the applicant, upon request of the defendant, to provide the de fendant appropriate compensation for any injury caused 
by those measures. 
 Preventive measures
 
 The representative of Ukraine confirmed that Uk raine will establish a judicial procedure that 
will allow right holders to obtain preventive measures  in case of allegation of intellectual 
property right infringement. WT/ACC/UKR/131 
Page 36  
 
 1)  In particular, Ukraine shall ensure that the judicial authorities may, at the request of 
the applicant:  
(a) take measures to secure a claim through seizure of property or funds owned by 
the defendant and held by such defendant  or other persons; to prohibit to take 
certain actions; 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.  Pers ons, who are guilty of violating the 
prohibition to take certain actions or tr ansfer 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 the failure to  comply with the ruling securing the 
claim.  Such measures may be taken against an intermediary whose services are used by a third party to infringe intellectual property rights, in particular to 
infringe a copyright or a related right.   
(b) pass a ruling  ordering the seizure or delivery up of the goods suspected of 
infringing an intellectual property right so as to prevent their entry into or 
movement within the channels of commerce. 
 2)  In the case of an infringement committe d on a commercial scale, Ukraine shall ensure 
that, if the injured party demonstrates ci rcumstances likely to endanger the recovery 
of damages, the judicial authorities may pass a ruling  ordering the preventive seizure 
of the movable and immovable property of  the alleged infringer, including the 
blocking of his/her bank accounts and othe r assets.  To that end, the competent 
authorities may pass a ruling  ordering the communication of bank, financial or 
commercial documents, or appropriate access to the relevant information. 
 3)  The judicial authorities shall, in resp ect of the measures referred to under 1) and 2), 
have the authority to require the appli cant to provide any reasonably available 
evidence in order to satisfy themselves with  a sufficient degree of certainty that the 
applicant is the rightholder and that the app licant’s right is being infringed, or that 
such infringement is imminent. 
 4)  Ukraine shall ensure that the preventive  measures  referred to under 1) and 2) may, in 
appropriate cases, be taken without the defe ndant having been heard, in particular 
where any delay would cause irreparable harm to the rightholder. 
 5)  In establishing such procedures, Ukraine will preserve the rights of the defendant by 
ensuring that: 
(a) In the event of preventive measures  taken without the defendant being heard, 
the parties shall be so informed wi thout delay after the execution of the 
measures at the latest.  A review, including a right to be heard, shall take place 
upon request of the defendant with a view to deciding, within a reasonable time 
after notification of the measures, whet her those measures shall be modified, 
revoked or confirmed. 
(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 decisi on on the merits of the case before the 
competent judicial authority within ten working days from the date on which 
the ruling ordering the measures to preserve evidence was passed.   
(c) in passing a ruling  ordering the preventive measures  referred to under 1) and 
2), the court may demand  that such measures be subject to the lodging by the 
applicant of adequate security or an equivalent assurance intended to ensure  WT/ACC/UKR/131 
 Page 37 
 
 
 compensation for any prejudice suffered by  the defendant as provided for in the 
following paragraph.  
(d) where the preventive measures  are revoked or where they lapse due to any act 
or omission by the applicant, or where it is subsequently found that there has 
been no infringement or threat of infringe ment of an intellectual property right, 
the judicial authorities shall have the authority to order the applicant, upon 
request of the defendant, to provide th e defendant appropriate compensation for 
any injury caused by  those measures." 
(e)   Special border measures Question 68 We note that the customs legislation does not mandate ex officio  action against suspected IP 
infringers.  Instead, customs action to prev ent import/export of counterfeit goods is only 
foreseen on the basis of a formal application fr om the right-holder.  We also note that the 
application fees are prohibitively high. 
Therefore we would like to have the following commitment at the end of this section:  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.  
 The representative of Ukraine confirmed that Ukraine would apply the commitments 
undertaken under TRIPS in a manner so as to permit effective action against acts of 
infringements of intellectual property rights, including if justified act expeditiously on 
the basis of complaints lodged by righ t-holders against well identified factories 
dedicated largely or exclusively to the production of pirated digital media and, if such 
allegations are proven correct, ensure that such protection is permanently stopped and that the infringers are punished.  The Working Party took note of these commitments. 
Answer:
 
We note that the customs legislation does not mandate ex officio  action against suspected IP 
infringers.  Instead, customs action to prevent impo rt/export of counterfeit goods is only foreseen on 
the basis of a formal application from the right-holder. 
Proposed amendments cited in italics:  "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 consider a matter of reducing the 
fees charged from right-holders to lodge applica tions to a level that shall not unreasonably 
deter recourse to these procedures .  
 The representative of Ukraine confirmed that Ukraine would apply the commitments 
undertaken under TRIPS in a manner so as to permit effective action against acts of 
infringements of intellectual property rights, in cluding if justified act expeditiously on the 
basis of complaints lodged by right -holders against well identified enterprises  dedicated 
largely or exclusively to the production of pirated discs for laser-readable systems , if such WT/ACC/UKR/131 
Page 38  
 
allegations are proven correct, ensure that such protection is permanently stopped and that the 
infringers are punished.  The Working Party took note of these commitments". 
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