RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/UKR/137 
8 March 2006 
 (06-1020) 
Working Party on the 
Accession of Ukraine Original:   English 
 
 
 
ACCESSION OF UKRAINE 
 
Additional Questions and Replies  
 
 
 The following submission, dated 3 March 2006, is being circulated at the request of the 
Delegation of Ukraine.   
_______________ 
  WT/ACC/UKR/137 
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  TABLE OF CONTENTS 
II. ECONOMIC POLICIES..........................................................................................................1  
- Foreign Exchange and Payments ............................................................................................1  
- Investment Regime.............................................................................................................. ......3  
- State Ownership and Privatization .........................................................................................3  
- Pricing Policies ............................................................................................................... ...........8  
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES AFFECTING 
FOREIGN TRADE IN GOODS AND TRADE IN SERVICES .........................................10  
IV. POLICIES AFFECTING TRADE IN GOODS ...................................................................11  
- Trading Rights ................................................................................................................. .......11  
A. IMPORT REGULATIONS....................................................................................................13  
- Ordinary Cust oms Duties.......................................................................................................1 3 
- Fees and charges for services rendered.................................................................................14  
- Application of internal taxes on imports...............................................................................16  
- Quantitative import restrictions, includi ng prohibitions, quotas and licensing 
systems ........................................................................................................................ .............17  
- Customs valuation.............................................................................................................. .....19  
- Rules of origin ................................................................................................................ .........21  
- Other customs formalities ...................................................................................................... 22 
- Preshipment inspection ......................................................................................................... .23 
- Anti-dumping, countervailing duties, safeguard regimes ...................................................23  
B. EXPORT REGULATIONS ...................................................................................................26  
- Customs tariffs, fees and charges for serv ices rendered, application of internal 
taxes to exports............................................................................................................... .........26  
- Export rest rictions ............................................................................................................ ......35  
- Export subsidies ............................................................................................................... .......38  
C. INTERNAL POLICIES  AFFECTING FOREIGN TRADE IN GOODS ........................39  
- Industrial policy, including subsidy policies.........................................................................39  
- Technical barriers to trade, sanita ry and phytosanitary measures ...................................41  
- Sanitary and phytosanitary measures...................................................................................45  
- Trade-related investment measures ......................................................................................47  
- State-trading entities......................................................................................................... ......47  
- Free zones, special economic areas........................................................................................48  
- Government-mandated counter-trade and barter...............................................................50  
- Government procurement......................................................................................................50  
- Trade in ci vil aircraft........................................................................................................ ......50  
- Agricultural policies.......................................................................................................... ......51  WT/ACC/UKR/137 
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  V.
 TRADE-RELATED INTELLECTUAL  PROPERTY RÉGIME.......................................52  
(b) Trademarks, including  service marks...................................................................................52  
(c) Geographical indications, including appellations of origin.................................................52  
(h) Requirements on undisclosed information, including trade secrets and test data............59  
- Enforcement .................................................................................................................... ........60  
- TRANSPARENCY .................................................................................................................69  
- TRADE AGREEMENTS .......................................................................................................69  
ANNEX I........................................................................................................................ .......................70  
ANNEX II ....................................................................................................................... ......................74  
ANNEX III...................................................................................................................... ......................83  
 
  WT/ACC/UKR/137 
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  II. ECONOMIC POLICIES 
- Foreign Exchange and Payments Question 1 We applaud Ukraine's elimination of the fo reign exchange surrender requirement of 
50 per cent. 
However, we continue to be concerned with ot her requirements on payments, e.g. an individual 
license for import prepayments with delivery terms exceeding 90 days, and short time limits on payments to non-residents, that could h ave a negative impact on importers.   
How difficult is it to get the extension for payments after 90 days referred to at the end of 
paragraph 20? 
Answer:
 
A Ukrainian non-resident must deliver into (in) Uk raine such products (perform works, services) as 
have been prepaid by a Ukrainian resident under import agreements within 90 calendar days 
following the date of the prepayment. 
Delivery of products into Ukraine with delivery term s exceeding the above referenced time period is 
considered by Ukraine as a capital operation, specifica lly the providing by a Ukrainian resident of a 
commercial credit to a Ukrainian non-resident.  Theref ore, the mentioned requirement is called up to 
prevent the outflow of capital outside Ukraine.  Th e existence of the said requirement in Ukrainian 
law does not denote time limits on payments by Ukra inian residents to Ukrainian non-residents 
because the law permits to use letter of credit ar rangements for prepayment under import agreements 
or allows making payment upon delivery, and it is the Ukrainian resident and the Ukrainian 
non-resident that agree upon the specific forms of payment in their agreement. 
In connection with the existence of this requirement  for certain types of agreements, it is permitted to 
obtain individual licenses from the National Bank of Ukraine for prolonging the legislatively prescribed time limit for payments.  The list of th e mentioned types of agreements is set forth in 
Article 6 of the Law, listing the following ag reements: industrial c ooperation agreements, 
consignment agreements, agreements for comple x construction, agreements for operating and 
financial leasing, agreements for delivery of complex technical devices and products of special 
designation, i.e., these are the agreements under which it may be objectively needed to prolong 
periods of delivery of products into Ukraine.  Resolution No. 445 of the Cabinet of Ministers of 
Ukraine, dated 30 March 2002, lays down procedures,  whereby operations of Ukrainian residents are 
referred to the types of agreements. 
Procedures, under which individual licenses are obtained,  are set forth in Section 5 of the Instruction 
on Procedures for Control of, and Obtaining of Licenses under, Export, Import and Leasing Operations. 
The procedures for obtaining an individual license ar e simple and transparent by themselves.  If a 
Ukrainian resident requests a license in a timely ma nner, i.e. after having concluded an agreement, 
such Ukrainian resident will have no problems with obtaining the individual license. 
Question 2 
We do not believe these requirements are consis tent with Ukraine's IMF obligations nor are 
they necessary at this point for exchange rate and reserve stability. WT/ACC/UKR/137 
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  Answer:
 
At the time Ukraine assumed th e obligations under Article VIII of the IMF Charter (1997), the 
requirement on time limits on delivery by Ukrainian non-residents of products (works, services) into 
Ukraine under import agreements entered into with Uk rainian residents  within 90 calendar days from 
the date of prepayment was not considered by IM F experts, who had closely studied the laws of 
Ukraine, as a restriction on current operations, beca use, as was noted above, both in Ukraine and in 
other countries an operation with de ferred delivery of products in excess of 90 days is regarded as a 
capital operation.  To date, the IMF has not demande d from Ukraine to eliminate the above referenced 
requirement as such that is inconsistent with Article VIII of the Charter.  A country's assuming of obligations under Article VIII of the IMF Charter do es not require elimination of restrictions in the 
area of regulation of capital operations. 
Question 3 
We again request clarity on Ukraine's plans fo r reducing and eventually eliminating these 
remaining so-called "temporary" restrictions.   
Answer:
 
At present, a draft Law of Ukraine "On Amendmen ts to the Law of Ukraine 'On Procedures of 
Payments in Foreign Currency'" h as been prepared (by the Ministry  of Economy of Ukraine), which 
draft Law provides for simplification of the procedures for prolonging periods of payment under the said operations, and, specifically, instead of an i ndividual license from the National Bank of Ukraine 
the Ukrainian residents will obtain permits from th e central agency of executive power for economic 
policy affairs.  
Question 4 Paragraph 21:  The requirement that foreign exchange payments to non-residents be made 
within five days of "date of entry" appears to refer to imports.  Could this be clarified?  What would be an "irrational" use of foreign exchange?  How is this requirement enforced? 
Answer:
 
This requirement is not inconsiste nt with the GATT rules, because the right of a Ukrainian resident to 
purchase foreign exchange to perform its obligations be fore a Ukrainian non-resident is not restricted, 
and the Ukrainian resident may purchase such fore ign exchange at any necessary time pursuant to the 
conditions of an agreement.  Ukrainian residents have a full possibility to meet periods of payment 
contemplated by such agreements both with the use of their own foreign exchange or with the use of 
the foreign exchange purchased in advance. 
The existence of this requirement is conditioned by  the fact that under conditions when the foreign 
exchange market of a country is very sensitive to va rious types of shocks (both internal and external) 
and when instruments for hedging of foreign excha nge risks by resident importers almost are not 
used, this requirement is one of the instruments that allows to: 
- ensure an even demand for foreign exchange on the part of Ukrainian resident importers, 
irrespective of fluctuations of the exchange rate of the national currency against foreign 
currencies; and 
- avoid unjustified pressure upon the exchange ra te of the national currency through speculative 
operations with foreign exchange ca rried out by Ukrainian residents.  WT/ACC/UKR/137 
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  The aforementioned requirement is an additional le ver for the National Bank of Ukraine to influence 
the situation on the domestic foreign exchange market in order to ensure the stability of such market, 
which, in its turn, is a positive factor in foreign economic activities carried out by Ukrainian residents.  
- Investment Regime 
Question 5 
Paragraph 28:  We thank Ukraine for bringing its provisions concerning the use of promissory 
notes to pay the VAT into conformity with Ar ticle III and the commitment to continue this 
practice after accession. 
Paragraph 25:  We applaud Ukraine's eliminatio n of tax and tariff preferences based on use of 
local content requirements in it s laws governing investment in the automobile industry.   
Can Ukraine confirm that no such provisions currently exist, and that from the date of 
accession Ukraine will not use such measures to promote its automobile industry, or others not 
in conformity with WTO obligations? 
Answer:  
Ukraine confirms that no such provisions currently exist, and that from the date of accession Ukraine 
will not use such measures to promote its automobile industry. 
- State Ownership and Privatization 
Question 6 We thank Ukraine for the additional informatio n provided in this section on the State-owned 
sector in Ukraine.   
Paragraph 42: We thank Ukra ine for this commitment. 
We still lack information on the trading activiti es of the major state-owned enterprises not yet 
privatized and the extent to which any of these firms trade on behalf of the state. 
We continue to seek descriptive text out lining the scope, nature and operations of the 
State-owned firms reserved from privatization, in order to better understand Ukraine's vision for the role of the state sector in its economy. 
Answer:
 
Table 1 lists major State-owned enterprises as of  1 January 2006.  This Table should replace 
Table 2(a) and Table 2(b) in the Working Party Repo rt.  Table 2(b) is a very old table and should be 
considered as obsolete.  
We understand "trade on behalf of th e State" to mean that an enterprise is fulfilling an international 
agreement between the State and another foreign en tity.  As such, the following three are the only 
major state-owned enterprises that trade on behalf of the state: 
- State company "Ukrspetzexport" engages in th e export and import of products and services 
intended for military and special purposes;  
- National joint-stock company "Naftogas of Ukraine"; and - State Corporation "Energorynok" engage s in import and export of electricity. WT/ACC/UKR/137 
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  Table 1.  Major State-owned enterpri ses by type of activity (January 2006)
 
No. 
Major State Enterprises Import/Export of Goods Trade on 
Behalf of the 
State 
(Yes/No) State property 
1. State concern "Ukrspyrt"  Export of ethyl spirits.    No 100% 
2. State Joint Stock Company "Liky 
Ukrainy" Export/import of 
pharmaceutical substances 
and medical products. Main 
supplier of narcotic and psychotropic substances, 
produced domestically, for 
population and institutions of protection of health. No 100% 
3. National joint-stock company 
"Naftogas of Ukraine" Export/import of oil and gas 
products and transportation 
services. Yes 100% 
4. State joint-stock company "Khlib 
Ukrajyny" Export/import of grain and 
grain products.  No 100% 
5. National joint-stock  company 
"Ukragroleasing" Organization and control 
over leasing operations in agro-industrial complex that 
are performed pursuant to 
the Agreements, concluded by the state leasing fund. 
Organization of authorized 
servicing of agricultural machinery, tractors, 
automobiles and equipment. 
Organization of trade for carrying out settlements for 
supplied agricultural 
machinery, tractors, automobiles, equipment and 
spare parts. No 100% 
6. Public corporation "Ukrtransnafta" Subsidiary of "Naftogas of 
Ukraine" No 100% 
7. Public corporation "Ukrnafta" Subsidiary of "Naftogas of 
Ukraine" No 50% + 1 share 
8. Subsidiary company 
"Ukrgasvydobuvannya" of  joint-stock company "Naftogas of 
Ukraine" Subsidiary of "Naftogas of 
Ukraine" No 100 % 
9. Subsidiary company "Ukrtransgas" 
of  joint-stock company "Naftogas of Ukraine" Subsidiary of "Naftogas of 
Ukraine" No 100 %  WT/ACC/UKR/137 
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  No. 
Major State Enterprises Import/Export of Goods Trade on 
Behalf of the 
State 
(Yes/No) State property 
10. Subsidiary company "Gas of 
Ukraine" of  joint-stock company 
"Naftogas of Ukraine" Main tasks of the state 
company (SC), Gas of 
Ukraine" are: selling natural 
and liquefied gas to population, communal-
general utilities, budgetary 
organizations, as well as industrial consumers, power 
generating companies of the 
Ministry of Fuel and Energy, entrepreneurial 
entities of the country; 
providing for gas settlements; operation and 
development of gas 
distribution networks, facilities and equipment. No 100% 
11. State company "National Energy 
Company "Ukrenergo" Management of state power 
stations.  No trading 
activities. No 100% 
12. State company "National Atom 
Energy generating company 
"Enerogoatom" Import and export of nuclear 
materials, electricity.  No 100% 
13. Ukrainian State Center of specialized 
carriages exploitation 
"Ukrspetzvagon" The subsidiary of the State 
owned company 
"Ukrzaliznytsia". 
Rendering of transport-dispatch services in course 
of transportation of export, 
import, transit and other consignments.  No 100% 
14. State Administration 
"Urkzaliznytsia" Transport services. No 
trading activities. No 100% 
15. State territorial Branch Company 
"South-Western Railways" Subsidiary of 
Ukrzaliznytsia. No trading activities. No 100% 
16. Lviv State Railway Subsidiary of 
Ukrzaliznytsia. No trading 
activities. No 100% 
17. Odessa Railway Subsidiary of 
Ukrzaliznytsia. No trading 
activities. No 100% 
18. South Railway Subsidiary of 
Ukrzaliznytsia. No trading 
activities. No 100% 
19. State Company "Pridniprovska 
Railway" Subsidiary of 
Ukrzaliznytsia. No trading activities. No 100% 
20. State Company "Donetzkaya 
Railway" Subsidiary of 
Ukrzaliznytsia. No trading 
activities. No 100% 
21. Concern of radio, radio connection 
and television Broadcasting on televisions 
and radio programs. No 
trading activities    No  WT/ACC/UKR/137 
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  No. 
Major State Enterprises Import/Export of Goods Trade on 
Behalf of the 
State 
(Yes/No) State property 
22. Ukrainian State Company of Post 
"Ukrposhta" Postal connection.  No 
trading activities. No 100% 
23. State company "Ukrekokomresursy" Collection and utilization of 
packing and garbage. 
No trading activities. No 100% 
24. Ukrainian State Corporation 
"Ukrzakor-donnaftogazbud" Export/import of gas, oil 
and oil products. No 100% 
25. Leasing company "Ukrtransl easing" Leasing services 
No trading activities No 100% 
26. State company "Ukrspetzexport " Export and import of 
products and services, intended for military and 
special purposes. Yes 100% 
27. State company "Energy company of 
Ukraine" Export/import of goods and 
services in energy sector:  full sets of energy 
equipment; energy carriers 
and electricity. No 100% 
28. State Corporation "Energorynok" Export/import of electric 
energy. Yes 100% 
29. National joint stock company "Nadra 
Ukraine" Geological exploration. 
No trading activities. No > 50 % 
 
Pursuant to the Law "On the List of State Propert y Assets not Subject to Privatization" No. 847-XIV 
of 7 July 1999, the List includes objects of nati onal importance in general terms, meaning property 
and assets essential for the maintenance of Ukraine' s sovereignty and the performance of basic State 
functions, defence and national security, health and the environment, public utilities, or objects 
considered important for the social development of Ukraine. 
Question 7 Does the Agricultural Fund have a monopoly on all purchases and sales of grain and the other 
listed agricultural products, or can private trad ers make domestic and import/export purchases 
and sales as well?  To what extent is imported  grain eligible for purchase for state reserves? 
Answer:
 
The Agricultural Fund does not have a monopoly on all purchases and sales of grain and the other 
listed agricultural products.  Private traders can make domestic and import/export purchases and sales 
as well.  Imported grain and domestic grain are both eligible for purchase by the State Committee of Ukraine on State Material Reserve in forming state reserves for national food security purpose.  There are no restrictions that prevent the Agricultural Fund from importing grain to build state food reserves for the purpose of market intervention.  
Question 8 What sort of products and services are provided by the 465 State-owned agricultural entities 
currently not subject to privatization?  While we appreciate the additional information, it is not 
sufficient to give a clear idea of the role of the state in this sector.  WT/ACC/UKR/137 
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  Answer:  
Around half of the 465 State-owned agricultural en tities provide services and products which ensure 
maintenance and development of the whole agri cultural sector.  These include services connected 
with veterinary medicine, research and development,  plant protection, development and inspection of 
seed stock, chemical laboratories, salt-works, and infrastructural services.  Around 90 of these 495 
enterprises fall under the State Concern "Khlib Ukrainy"  and consists mainly of mill factories, cereal 
factories, provender mills and elevators. Another important group of these enterprises (around 80) are 
engaged in production of ethyl spirits and alcohol ic products and are part of the State Concern 
"Ukrspyrt".  A small number of these enterp rises are collective agricultural farms.   
Question 9 
We note that the discussion in this section i ndicates enduring state involvement in a key sector 
of the Ukrainian economy, i.e. agriculture.  Further description of the State role in this sector would be welcome. 
Answer:
 
The 465 state-owned agricultural enterprises constit ute marginal share in the whole sector which 
consists of around 12,000 private and joint-stoc k agricultural enterprises and around 40,000 farm 
entities. 
Question 10 
Paragraph 37-38 and Tables 2(a) and 2(b):  Are all the enterprises listed in Tables 2(a) and 2(b) 
100 per cent government owned?  How much government ownership equity qualifies an enterprise to be labelled "State-owned."  Wh at is the difference between Table 2(a) and 
Table 2(b)?  Do any of the firms listed have a trading monopoly?   
Answer:
 
Note that Table 2(b) is a very old table and s hould be considered as obsolete.  The table provided 
under the reply to Question 6 above should replace Table 2(a) and Table 2(b).  Most of the 
state-owned enterprises listed under the new table above are 100 per cent owned by the state except 
National joint stock company "Nadra Ukraine" a nd Public corporation "Ukrnafta".  State-owned 
enterprises in Ukraine are defined as entities with the state share exceeding 50 per cent. 
Exclusive rights to trade are granted to the followi ng major state-owned enterprises listed under the 
Table above: 
- Ukrsp іrt: Export of ethyl spirits, cognac spirits, and fruit spirits in Ukraine is allowed only for 
designated state enterprises.  Currently, there are ten state companies, which are all members 
of the State Corporation of Alcohol and Liquor Industry "Ukrspyrt", designated by the 
Cabinet of Ministers are eligible to export ethy l spirits, cognac spirits, and fruit spirits.  As of 
30 January 2006, six of these ten obtained the ri ght (license) to export ethyl spirits, cognac 
spirits, and fruit spirits.   
- Liky Ukrainy: Import/export operations with ce rtain narcotics, psychotropic substances and 
precursors - any activity (including export and im port) regarding turnover of certain narcotics, 
which are defined by the List of narcotic  drugs, psychotropic substances and precursors 
approved by the Cabinet of Ministers of Ukra ine, is allowed only for state and municipal 
enterprises provided they have an activity license.   The total number of state and communal 
enterprises, which have the appropriate license, is currently five (among them is State Joint 
Stock Company "Liky Ukrainy").  WT/ACC/UKR/137 
Page 8  
 
  - Ukrspetzexport: Import/export of military equipm ent, as well as products, which are material 
carriers of information that constitutes State secret – State Company "Ukrspetzexport" is the only state company authorized by the Government  of Ukraine to participate in international 
agreements (contracts) concerning Import/expor t of military equipment, as well as products, 
which are material carriers of information that constitutes State secret.  
- Naftogas of Ukraine (UkrGasEnergo): Naft ogas of Ukraine has been a monopolist in 
supplying natural gas to Ukraine. Closed JSC UkrGasEnergo is a new company - 50 per cent share of its share owned by Naftogas of Ukrain e and 50 per cent by RosUkrEnergo - will have 
a trading monopoly for the importation of gas from Russia and Central Asia to be distributed 
among private industrial producers in Ukraine.  
Question 11 We need the foregoing information to docume nt the scope of Ukraine's State-owned and 
controlled firms and to describe how they operate, with a view to understanding their impact on 
trade.    
We suggest merging the portions of this section that describe State-owned firms with the one on 
State trading entities, without prejudice to Ukrain e's notification of state-trading enterprises as 
required by Article XVII of the GATT and the Understanding on that Article. 
Answer:
 
It is preferred that these two sections re main separate for the following reasons: 
- Not all state-owned enterprises are state trading entities; and 
- Private entities could be state trading entities. 
The purpose of this section is to describe the nature and scope of the state sector and the privatization 
process 
- Pricing Policies 
Question 12 Paragraph 58:  If minimum import prices are not being applied to imports, and will not be in 
the future, please confirm that Ukraine intends to  repeal such provisions in the new law on "On 
State Support of Agriculture in Ukraine," which appears to contains provision for minimum prices that will be applied to imported goods. 
Answer:
  
The Government of Ukraine is developing a draft law on introducing changes to the Law of Ukraine 
"On State Support of Agriculture in Ukraine," which is intended to repeal the said provision. 
Question 13 Paragraphs 52 and 54:  We seek additional in formation from Ukraine on its energy pricing 
requirements.  At what cost does Ukraine generate  electricity and at what price is its sale to 
industrial consumers?  Does Ukraine export electricity?  WT/ACC/UKR/137 
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  Answer:  
Ukraine exports electric power but the proportion of these exports in the overall export volume does 
not exceed 0.5 per cent.  The price of electric power to industrial consumers is regulated by 
Resolution No. 47 of 22 January 2001 of the National Commission on Regulation of Electric Power Industry Ukraine "On Approving the Procedure fo r the Formation of the Retail Tariff on Electric 
Power to Consumers (except for the population an d settlements) Licensees to Supply Electric Power 
at the Regulated Tariff" and, on average, is 40 per cent higher than the purchase price. 
Question 14 
We also seek information concerning the pricing of natural gas and other energy products to 
domestic private and industrial consumers. 
We would appreciate information from Ukraine concerning the reliance of its nitrogen fertilizer 
industry on natural gas secured by domestic industrial consumers at government-mandated 
artificially low prices as a feed stock for its pr oduction.  (Note:  Some of these products are 
currently under antidumping orders in the United States.  End note) 
Answer:
 
Pursuant to Resolution No. 128 of 9 February 200 6, of the Cabinet of Ministers of Ukraine "On 
Approving the Price Ceiling on Natural Gas for the Period Till 2010," for the period till 31 December 2010, the ceiling natural gas price for all categories of consumers, less transportation 
and supply costs and the value added tax, shall not exceed US$ 110 for 1,000 cubic meters in UAH 
equivalent. 
Question 15 
Table 4:  Please provide information in the Wo rking Party text on the nature of the price 
controls listed in Table 4 for energy and fuel s and downstream products, e.g. HS Categories 
2701-2710, 2711, 2716, and 31.  Are these contro ls applied on energy and fuel provided for 
industrial purposes as well as for households? 
Answer:
 
Please see updated Table 4 (Annex I) and aforem entioned answers to paragraphs 52-54. 
Question 16 
From section on "Fees and charges for servi ces rendered", paragraphs 114-116:  This 
discussion of Railroad Tariffs should be moved to the Pricing Policies section.  The commitment 
text in paragraph 59 includes a pledge to equaliz e these rates no later than the date of accession 
Answer:  
Ukraine does not object to moving the discussion on  railroad tariffs in paragraphs 114-116 to the 
Pricing Policies section. 
Question 17 
Paragraph 116:  Concerning Ukraine's differentia l pricing for domestic and imported goods on 
its railroads, we would appreciate a status report on  efforts to bring this into conformity with 
WTO now that the moratorium on tariff increa ses has expired, on 16 September 2005.   WT/ACC/UKR/137 
Page 10  
 
   59. [The representative of Ukraine confirmed that from the date of accession, the 
Government of Ukraine would apply price control measures in a WTO-consistent fashion, and take account of the interests of  exporting WTO Members as provided for in 
Article III:9 of the GATT 1994 and in Article VIII of the General Agreement on Trade in Services (GATS).  [He confirmed that Ukraine did not apply minimum import prices 
to agricultural products, including raw cane sugar, and would not do so in the future.]  
[He confirmed that Ukraine committed to not apply mandatory minimum price requirements to any imported product.]  [He also confirmed that Ukraine would 
equalize differential railway tariffs for the transportation of domestic and imported 
goods by the date of accession.  ]He also co nfirmed that Ukraine published notices of the 
goods and services subject to State price cont rols and would continue to do so after 
accession.  The Working Party took note of these commitments.]   
Answer:
 
The tables setting out the harmonized railway transport fees per product are not prepared at this stage, 
as the tariffs have not yet been indexed in full.  Thus, a draft Cabinet of Ministers Resolution "On the 
Indexation of Railway Tariffs for Freight Transportati on", whereby this issue is resolved in full and in 
compliance with the WTO requirement s, has been submitted to the Cabinet of Ministers of Ukraine 
for review.  After the said Reso lution has been approved, a book of tariffs for freight/passenger 
transportation will be prepared a nd published, which will indicate ra ilway transport fees per product 
unit. 
This Draft is being considered by the relevant Mi nistries and State Committees and is expected to be 
adopted during the first quarter of 2006. 
III. FRAMEWORK FOR MAKING AND ENFORCING POLICIES AFFECTING 
FOREIGN TRADE IN GOODS AND TRADE IN SERVICES 
Question 18 We would appreciate a description for the report of  the ratification procedures Ukraine will use 
to accept the terms of accession approved by WTO members and a sense of how long it is likely 
to take after Ukraine signs its Protocol. 
Answer:
 
According to the Law of Ukraine "On Internationa l Treaties" the President will sign on behalf of 
Ukraine the Protocol of Accession, thus, accepting th e "Accession Package" subject to ratification in 
the Verkhovna Rada.  In the Rada, the Accession P ackage will be voted together with the signed 
Protocol of Accession as Yes or No vote in a si ngle reading by the simple majority (226 votes 
needed).  All the procedures in the Rada – submi ssion/registration for consideration and voting - shall 
take no more than 2 plenary sessions.  Thus, techni cally speaking, ratification could be accomplished 
within three months.  
Question 19 
We note that there are multiple commitmen t paragraphs.  We request agreement to 
paragraphs 71 and 77. 
Answer:  
We suggest the following wording of paragraph 71:  WT/ACC/UKR/137 
 Page 11 
 
 
   The representative of Ukraine confirmed that sub-central entities had no autonomous 
authority over issues of subsidies, taxation, trade policy or any other measures covered by WTO provisions.  He confirmed that the provisions of the WTO Agreement, including Ukraine's Protocol of Accession, shall be app lied uniformly throughout its customs territory 
and other territories under its control, including in  regions engaging in border trade or frontier 
traffic, special economic zones, and other areas where special regimes for tariffs, taxes and 
regulations are established.  He added that  when apprized of a situation where WTO 
provisions were not being applied or were applied in a non-uniform manner, central 
authorities would act to enforce WTO provisions without requiring affected parties to petition through the courts.  The Working Party took note of these commitments. 
We suggest the following wording of paragraph 77: 
 The representative of Ukraine confirmed that from the date of accession Ukraine's laws would 
provide for the right to appeal administrative rulings on matters subject to WTO provisions to an independent tribunal in conformity with WTO obligations including, but not limited to, 
Article X:3(b) of the GATT 1994.  The Work ing Party took note of this commitment. 
IV. POLICIES AFFECTING TRADE IN GOODS - Trading Rights Question 20 We thank Ukraine for the additional informatio n provided and the clear signs that for the vast 
majority of its trade, the right to import and ex port is unrestricted and is not linked to domestic 
investment.   
We remain concerned with the widespread use of activity licensing in the Ukraine on a variety 
of products, such as pharmaceutica ls and alcoholic beverages.   
In the case of alcoholic beverages,  the licensing fee for importation of US$ 47,000 clearly acts as 
a tax on profits, as indicated by Ukraine at the end of paragraph 81.  This, while appropriate for 
distribution of alcoholic beverages, is not ap propriate for importation, and conflicts with 
Article VIII of the GATT.  What is the st atus of efforts to amend Law No. 481 of 
19 December 1995 (paragraph 83) to bring this ch arge into conformity with Article VIII? 
Answer:
 
The Government prepared and submitted to the Pa rliament a draft Law of Ukraine "On Amendments 
to Certain Legislative Acts of Ukraine" (No.  8373 of 1 November 2005), amending Law No. 481, 
dated 19 December 1995, in order to bring licen sing fees for alcohol beverages and tobacco in 
compliance with Article VIII GATT 1994.  (The said draft Law provides for a substantial cut of fees 
for licenses for production of and trading in spirits , alcohol beverages and tobacco products to the 
amount of 15 - 20 of citizens' non-taxable minimum incomes, which will approximately be equal to 
€60.  Alongside with this, it is proposed to introdu ce an annual fee for alcohol and tobacco addiction 
prophylaxis and treatment measures.  For business entiti es that are engaged in retail trading in alcohol 
beverages the amount of the above fee will be diffe rentiated depending on the number of population 
determined pursuant to statistical data for the previous year.  In addition, the draft Law amend 
Article 14 of the Law of Ukraine "On the Taxation Sy stem", whereby the annual fee for  alcohol and 
tobacco addiction prophylaxis and treatment meas ures must be included into the list of national 
mandatory fees and charges). WT/ACC/UKR/137 
Page 12  
 
  Question 21 
In the case of pharmaceuticals and agricultural chemicals, paragraphs 87 and 89, respectively, 
appear to imply that an activity license to pro duce or distribute these products must be obtained 
in order to import.  Is this true?   
Answer:
 
No activity license is required for the importation of  medicines and agricultural chemicals.  Activity 
license is required only for wholesale and retail.    
Question 22 
Are there any other goods for which an activity  license for production or distribution is 
necessary in order to import, e.g. precious meta ls and stones, veterinary medicines, perfumes 
and cosmetics containing alcohol? 
Answer:  
The list of goods for which an activity license for production or distribution is necessary in order to 
import requires an activity license is provided in Ta ble 8(a) of the draft Working Party report.  
Question 23 
Provision should be made for importation that is not distribution, i.e. the requirements for 
production and distribution should not be imposed on importers of record only. 
Answer:  
Ukraine confirms that requirements for production and distribution are not imposed on importers.  
Question 24 
Please detail the specific efforts Ukraine is maki ng to rationalize its fees for pharmaceutical 
registration, as indicated in paragraph 88?  Include information on whether the new fee 
structure will be related to the cost of registrat ion and if there are additional fees for any testing 
or expert evaluation during the registration process. 
Answer:  
Cabinet of Ministers Resolution "On the Approval of the Procedure for State Registration 
(Re-registration) of Medicines and Fees for State Registration (Re-registration) of a Medicine" as of 
26 May 2005 No. 376, lowered the fees fo r registration and re-registration of: 
- Pharmaceutical.  The registration fees b ecame €1,000 for each medical form, €100 for each 
next dose and €100 for each next package of a medicine.  The re-registration fees became 
€500 for each medical form, €50 for each next dose and €50 for each next package of a medicine; 
- Radioactive medicine, diagnostic means and si mple or complex (halenic) preparations of 
plant medical raw materials.  The registration fees became €150 for each medical form, €25 for each next dose and €25 for each next pack age of a medicine.  The re-registration fees 
became €50 for each medical form, €20 for each ne xt dose and €20 for each next package of a 
medicine; and  WT/ACC/UKR/137 
 Page 13 
 
 
  - Active substances and excipients, products of restricted usage, specified by MoH and donor 
blood or plasma.  State registration (re-regist ration) is equivalent of €25 for each items. 
These are financial matters between the applicant and the specialized institutions performing the 
verification and analysis service as described in Pa ragraph 88 of the Working Party Report (new fees 
must be reflected in Paragraph 87). 
Question 25 It also appears that ethyl alcohol, cognac and frui t spirits can only be state-traded, and that only 
specialized domestic firms (perhaps not all of them state owned) designated by the Council of Ministers are permitted in international trade. 
We confirmation in the Working Party report that these firms are state-trading enterprises and 
inclusion of these firms in the coverage of Uk raine's Working Party commitment in paragraph 
263 on State-owned or controlled, and other ent erprises with special or exclusive privileges. 
Answer:
 
Ukraine confirms that the export of  ethyl spirits, cognac spirits, and fruit spirits in Ukraine is allowed 
only for designated by the Cabinet of Ministers state enterprises.  
Question 26 We seek clarification on these points.  In part icular we are not reassured by the text of 
paragraph 90, since it directly contradicts the commitment language in paragraph 91, which we 
support. 
Answer:
 
Any restrictions on rights of individuals and le gal entities to engage in import and export of goods 
will be established only within the confines imposed by the WTO Agreements with due regard to the 
provisions of Article XX of GATT 1994. 
A. IMPORT REGULATIONS 
- Ordinary Customs Duties Question 27 
Paragraph 92:  We suggest that it would be better for the concordance Ukraine is using to 
transpose its negotiated commitments in HS 1996 to HS 2002 be provided to Members prior to 
finalization of the new applied tariff, or be p repared to make the necessary technical changes 
that may occur if the "technical transpositio n" results in the impairment of a granted 
concession. 
Answer:
 
Cabinet of Ministry already submitted the Draf t Law "On Amendment to the Customs Tariff of 
Ukraine" to the Parliament that is based on the 2002 version of the Harmonized System (HS) 
nomenclature.  The draft Law was registered as No. 8652 in the Parliament on 22 December 2005. 
Text of the draft law is available on the website of the Verkhovna Rada.   WT/ACC/UKR/137 
Page 14  
 
  Ukraine will make the concordance table for convers ion of tariff commitments to HS2002 available in 
due course.  
Question 28 
Paragraph 98:  The first sentence of the commitme nt paragraph should be clarified to ensure 
that it is not read as exempting duties and fees from WTO provisions. 
Answer:
 
Ukraine takes note of this proposal. 
- Fees and charges for services rendered 
Question 29 Paragraph 109:  Please confirm that there will be  no other customs clearance fee applied to 
imports, e.g. imports by ship or air, other th an the unified fee described in Table 12(b) after 
1 January 2006. 
Answer:
 
The Law on State Budget 2006 No. 35 dated 20 Dece mber 2005 extended the application of previous 
fees (under Table 12(a)) until the date of WTO Accessi on. On such date, fees in Table 12(a) will 
become invalid and fees in Table 12 (b) and Table 12 (c) will come into effect. 
Question 30 
Paragraphs 110 and 113: Paragraph 110 should be  eliminated and the information moved to 
paragraph 113.  The combined paragraph 113 should  be followed by a chart displaying the port 
charges referred to in this paragraph. 
Answer:  
Ukraine agrees with this proposal. 
Note the following two changes to WT/ACC/UKR/118, Annex 3: - A reference should be made to Order No. 518: (Pursuant to order of the Ministry of 
Transportation and communication of Ukrain e, dated 2 September 2005, No. 518, a 
50 per cent discount for port fees (except for administrative charge) had been introduced till 1 
October 2006 for vessels that call in order to take  a load (unload) of oil at the Pivdenniy oil 
terminal, which is located at the Yuzhniy sea commercial port); and 
- The "Ministry of Transportation" should be the "Ministry of Transportation and 
Communication" 
Question 31 
Registration Fees:  It is also our understanding that State Department and Veterinary Medicine 
of Ukraine (SDVMU) Order No. 62 of 12 Septem ber 2003 establishes two distinct price sets for 
testing and registration of veterinary drugs, an imal feeds, and feed additives and substances, 
one for domestic products and one for imports.  WT/ACC/UKR/137 
 Page 15 
 
 
  We seek information on this measure and its cu rrent status, and ask that Ukraine equalize these 
rates prior to accession.  We suggest the following  descriptive text be added to this section, and 
that these products be covered by the commitment in paragraph 117: 
 113 bis.  A Member noted that Ukrainian State Institutions created directives that charge 
discriminatory fees on imported product.  The State Department of Veterinary 
Medicine of Ukraine issued Order 62, which created fees for the registration and testing 
of veterinary drugs, animal feeds (including pet foods), and feed additives and substances that can be three times higher fo r imported product than domestic.  The 
Cabinet of Ministers Resolution No. 1183 established discriminatory fees for the 
registration of plant varieties in the State Variety Register that are between ten and 
thirty times higher for imports than domestic .  The Ukrainian delegation confirmed that 
the discriminatory fees applied for the registra tion and testing of these products will be 
adjusted to conform to the national trea tment provisions of the GATT upon Ukraine's 
accession.    
Answer:
 
Order No. 62 of the State Department of Veterinary  Medicine of Ukraine was invalidated by Order 
No. 88 of the State Department of Veterinary Me dicine of Ukraine dated 5 October 2005.  Order 
No. 88 establishes new fees for testing and registrati on of veterinary drugs, animal feeds, and feed 
additives and substances, which are the same  for domestic and imported products.  
The Government of Ukraine has prepared draft changes to Resolution No. 1183 of the Cabinet of 
Ministers of Ukraine regarding the abolition of discr iminatory fees for the registration and testing of 
plant varieties. 
Question 32 
Paragraphs 114-116:  Per requested changes in th e section on Pricing Policies, we believe that 
this discussion of Railroad Tariffs should be moved to the Pricing Policies section.  The 
commitment text in paragraph 59 includes a pledge to equalize these rates no later than the date 
of accession 
Answer:  
Ukraine agrees with this suggestion. 
Question 33 
Paragraph 117:  We note the commitment langu age on fees and charges for services rendered.   
 117. [The representative of Ukraine conf irmed that Ukraine would ensure that any 
fees and charges for services rendered on or in  connection with importation, exportation 
or trade in transit, including those listed in Tables 12(a), 12(b) [and 12(c)], described in paragraphs 82, 113 and 117, or introduced in the future would only be applied in conformity with the relevant obligations of  the GATT 1994, and that from the date of 
accession any application of such fees and ch arges by Ukraine 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/137 
Page 16  
 
  Answer:
 
Ukraine agrees with the revised text.  
- Application of internal taxes on imports 
Question 34 Paragraph 122:  Is a separate commitment necessary  for both VAT and excise taxes?  If so, it 
should be amended as follows: 
 (Additions in italics):  ". . . in [full] compliance with all the relevant provisions of the 
WTO including the Agreement on Subsidies and Countervailing Measures and  Articles I 
and III of the GATT 1994, . . ." 
Answer 
 
Ukraine agrees with this suggestion. 
Question 35 
Paragraph 127:  We ask that Ukraine confirm that the Law No. 2505 "On Amendments to the 
Law of Ukraine "On State Budget of Ukraine for 2005" and Some Other Legislative Acts" of 
25 March 2005, has eliminated all VAT exemptio ns for "certain domestic inputs."  Moreover, 
please confirm that the elimination of VAT exem ptions for "certain domestic inputs" are not 
limited to the automobile, shipbuilding, and aircraft construction industries and that the elimination of VAT exemptions also applies to enterprises with an investment program 
approved prior to 1 January 2004.   
Answer:
 
Ukraine confirms that the elimination of VAT ex emptions for "certain domestic inputs" are not 
limited to the automobile, shipbuilding, and aircraft  construction industries and that the elimination of 
VAT exemptions also applies to enterprises wi th an investment program approved prior to 
1 January 2004. 
Question 36 
Paragraph 131-134:  The discussion of VAT exemptions for milk and meat and other 
agricultural products and of the use of the exempt ed funds is confusing and argumentative.   It 
should be revised to ensure clarity.   
Paragraph 134: Please provide a status on  whether Ukraine has amended the Law "On 
Amendments to Certain Laws of Ukraine on Taxation of Agricultural Producers and Support of Social Standards for their Employees" to eliminate discriminatory tax exemptions. 
Please confirm that all of these exempt ions will be abolished upon accession. 
Answer:
  
In paragraph 132 Ukraine provided explanations me ant to lift the expressed concerns with the VAT 
mechanism application in Ukraine.  The only benefi ciaries of the VAT collection procedure applied in 
meat and dairy sectors are agricultural producers of meat and milk (not manufacturers).  Processing enterprises act as sheer intermediari es authorized by the government to transfer their VAT payment  WT/ACC/UKR/137 
 Page 17 
 
 
  obligations as subsidies to agricultural producers.  Henceforth, the existing mechanism is not more 
advantageous (instrumental) for processing enterpri ses that it is for producers of principal types of 
agricultural produce.  For this reason, this mechan ism meets the criteria specified in Paragraph 7 of 
Annex 3 to the Agreement On Agriculture.  As c oncerns the VAT collection procedure as applicable 
to other types of agricultural produce, a representative  of Ukraine stated that he did not regard VAT 
accumulation to be a distortion as VAT rates (20 per cent) remain the same for both imported and 
domestic produce.  In essence, the government provid es an input subsidy in the form of accumulated 
VAT instead of making direct disbursements from th e state budget.  The mechanisms of subsidizing 
domestic agricultural producers through the VAT co llection (subsidies for meat and milk and 
accumulation of VAT) will also be applied in 2006.  
The institution of a special VAT co llection regime governed by the Law of Ukraine On Amendments 
to Certain Laws of Ukraine with Respect to Ta xation of Agricultural Enterprises and Maintaining 
Their Employees' Social Standards discriminati ng against imported agricultural produce in the 
meaning of Article III GATT has been postponed for one year until 1 January 2007 (Law of Ukraine 
On Amendments to the Law of Ukraine On Va lue Added Tax with Respect to Agricultural 
Enterprises)  
Question 37 
Paragraph 135:  Should be revised as follows: (Additions in italics):  ". . . in [full] compliance with all the relevant provisions of the WTO 
including the Agreement on Subsidies and Countervailing Measures and  Articles I and III of the 
GATT 1994, . . ." 
Answer:
 
Ukraine agrees with this suggestion. 
- Quantitative import restrictions, including  prohibitions, quotas and licensing systems 
Question 38 We suggest creating separate sections (1) on quanti tative restrictions and (2) on import licensing 
systems.    
Paragraph 138: In addition the import restrictions listed in Table 14(a), we request more 
information about a current ban on imports of  ground beef by Ukraine and the purpose and 
scientific justification of such a ban.  Does th e enactment of the new Veterinary Medicines law 
change Ukraine's approach on this issue?  If so, how? 
Answer:
 
According to the new Veterinary Medicines Law, all veterinary-sanitary measures shall be based on 
scientific principles and available scientific justifi cations.  All veterinary-sanitary measures shall be 
based on international standards, guidelines, and recommendations of the relevant international 
organizations.  In case international standards, guidelines, and recommendations do not exist or are 
insufficient to fulfil the appropriate level of animal and related huma n health protection, 
veterinary-sanitary measures shall be developed on  the basis of a risk analysis according to the 
technique developed by the relevant  international organizations.  As such, measures that do not meet 
the above criteria (e.g. ban on import of ground bee f) will be eliminated after the enactment of the 
Veterinary Medicine Law. WT/ACC/UKR/137 
Page 18  
 
  Question 39 
Table 14(c):  How does Article XX(c) offer justif ication for restrictions on precious stones?  The 
term "precious metals and alloys" appears to c over more than gold and silver, e.g. platinum.  
Paragraph 149 states that Ukraine will amend its Law on Foreign Economic Activities prior to 
accession to remove reference to precious stones and metals.  Does that mean that the 
restrictions and licensing requirements on these pro ducts will be abolished as well?  Were these 
products on the list of items for licensing issued for 2006? 
Answer:
 
Ukraine is going to adopt the Amendments to th e Law on Foreign Economic Activities according to 
which all measures (other than gold and silv er) in Table 19(b) will be eliminated. 
Question 40 Please include appropriate descriptive material in  the section on import licensing on the new 
licensing requirements for 2006, e.g. for fresh, ch illed, or frozen beef and pork and related live 
animals.  In addition to describing these requirements, please address the following issues: 
- Are there any restrictions on who can apply for the licenses? and  
- Must all applications have a certified cla ssification from the Chamber, or is this 
required only for certain products, e.g. beef and pork? 
We ask that Ukraine provide up-to-date informatio n on all of its intended amendments to its 
current licensing system to bring it into lin e with the WTO Import Licensing Procedures 
Agreement.  We would appreciate copies of amended legislation. 
Answer:
 
Fresh, chilled, or frozen beef and pork and related live animals became subject to import licensing 
without the need for prior approval in 2006 in accordance with CM Resolution No. 1304 as of 
30 December 2005.  Please see revised Table 14 (d) below listing all goods subject to import licensing 
without prior approval. 
All persons can apply for these licenses.  All applican ts for licenses are required to provide an original 
copy of an expert examination act to the eff ect of the good's code determination according to 
Ukrainian Classification of Goods Involved in Fore ign Trade Activity by the Chamber of Commerce 
and Industry of Ukraine or a regional Chamber of Commerce.   
Table 14(d):  Goods subject to import licensi ng, for which no prior approval is necessary  
Tariff Code Product Description Entity 
Responsible 
for Applying 
the Measure Legislative Basis Measure Description/ 
WTO justification 
2833 25 00 00 Copper sulphate Issuance of 
Licence: 
Ministry of 
Economy Resolution of the Cabinet 
of Ministers No. 1304 of 30 
December 2005 "On the 
List of Goods, Export and 
Import of which is Subject 
to Licensing, and Which 
Fall under the Quota 
Regime in 2005 Import Licensing, without 
quantitative restriction. 
GATT Article XX(g); 
monitoring of trade flows.  
3907 40 00 00 Optical 
polycarbonates for 
production of discs for Issuance of 
Licence: 
Ministry of "" Import Licensing, without 
quantitative restriction. 
GATT Article XX (d).  WT/ACC/UKR/137 
 Page 19 
 
 
  Tariff Code Product Description Entity 
Responsible 
for Applying 
the Measure Legislative Basis Measure Description/ 
WTO justification 
laser reading systems   Economy 
4907 00 10 00,  4907 00 91 00,  
4907 00 99 00 Unused postage, 
excise labels and 
similar products being 
in circulation or have 
to be in circulation in 
the country of 
destination; stamp-
impressed paper   Issuance of 
Licence: 
Ministry of 
Economy "" Import Licensing, without 
quantitative restriction. 
GATT Article XX(d); 
monitoring of trade flows.  
0201 Beef chilled and fresh Issuance of 
Licence: 
Ministry of 
Economy  Import Licensing, without 
quantitative restriction. 
monitoring of trade flows.  
0202  
 Beef frozen Issuance of 
Licence: 
Ministry of 
Economy "" Import Licensing, without 
quantitative restriction.  
monitoring of trade flows. 
0203   Pork fresh, chilled or 
frozen Issuance of 
Licence: 
Ministry of 
Economy "" Import Licensing, without 
quantitative restriction. 
monitoring of trade flows.  
0102  
 Live cattle Issuance of 
Licence: 
Ministry of 
Economy "" Import Licensing, without 
quantitative restriction.  
monitoring of trade flows.  
0103   Pork live Issuance of 
Licence: 
Ministry of 
Economy "" Import Licensing, without 
quantitative restriction. 
monitoring of trade flows.  
 
- Customs valuation 
Question 41 We have reviewed Ukraine's Customs Code , its amendments, and draft Regulation 
On Interpretative Notes for Application of the Customs Code Provisions on Customs Valuation, 
legislation is meant to bring Ukraine into co mpliance with the WTO Valuation agreement.  We 
agree that these provisions largely cover our outstandi ng problems with Ukraine's legislation.   
Please update the information on the enactment of  the draft legislation and amend the WP text 
to reflect the changes in legislative authority. 
We also identify the following issues, seeking Ukraine's accelerated effo rts to address them, so 
that we may complete our review of this section.   
Answer:
 
Ukraine proposes the following revisions to Paragraph 161: Asked specifically about the adoption of legisla tion amending the Customs Code, the representative 
of Ukraine said that the Amendm ents to the Customs Code were adopted by the Verkhovna Rada on 
22 December 2005 and published on 2 February 2006 .  The draft Customs Order on Interpretative 
Notes had been prepared and would be adopted in as soon the Amendments to the Customs Code 
come into effect (45 days after publication).  Th e amendments to the Customs Code would reconcile 
the Code's provisions with those of the WTO Ag reements, in particular with regard to the WT/ACC/UKR/137 
Page 20  
 
  determination of country of origin of goods, the determination of customs value, and the mandatory 
publication of court decisions on customs issues. 
Question 42 
Amendment to Section XI Customs Code (Valua tion): We are concerned with Articles 268 and 
269 regarding valuation on the basis of identical goods or similar goods.  These Articles include 
two criteria, i.e. country of origin and manufactu rer of the good, as factors to be considered in 
determining whether a good is identical or si milar.  These criteri a are not included in 
Paragraphs 2(a) and 2(b) of Article 15 of th e Customs Valuation Agreement and should be 
removed from the amendment. 
Answer:
 
Indeed, the "country of origin" and "producer of goods" criteria are not included in paragraphs 2( а) 
and 2 (b) of Article 15 of the Agreement on the Im plementation of Article VII of GATT.  However, 
paragraph 2 (d) of Article 15 provid es that goods shall not be regarded  as "identical goods" or "similar 
goods" unless they were produced in the same country as the goods being valued.  Paragraph 2 ( е) of 
the same Article provides that goods produced by a different person shall be taken into account only 
when there are no identical goods or similar goods, as the case may be, produced by the same person 
as the goods being valued.   
Thus, we believe that the provision of the Law, wh ich takes into account such criteria as the "country 
of origin" and the "producer of goods" in determini ng whether the goods are identical goods or similar 
goods, is not inconsistent with th e provisions of the Agreement on the Implementation of Article VII 
of GATT 
Question 43 Valuation of Imports Using Transaction Value:  What are Ukraine's procedures for dealing wi th imports of goods where the transaction value 
does not seem adequate or accurate?  Are there an y lists of products used to identify imports 
with a risk in this regard?  Are there any reference prices established that could trigger further 
examination of the goods?  Does Ukraine have any special procedures to address these 
situations that incorporate lists of goods or the generation of test values? 
We seek description and assurances in the dra ft Working Party report text on this issue. 
We do not think that the commitment text in the first set of bracke ts in paragraph 164 is 
sufficient for this section.   
Answer:
 
Ukraine applies the norms of the current Cust oms Code, which implements the WTO Customs 
Valuation Agreement, to conduct customs valuation of goods.  There are no lists of products used to 
identify imports with a risk or reference prices th at could trigger further examination of goods.  
Ukraine does not have any special procedures to a ddress these situations that incorporate lists of 
goods or the generation of test values. 
Ukraine accepts the commitment text in the second set of brackets in paragraph 164 except for the 
words "nor would apply duties and taxes":  WT/ACC/UKR/137 
 Page 21 
 
 
  [The representative of Ukraine confirmed that, as fr om the date of accession, Ukraine would apply the 
WTO provisions concerning customs valuation, including the Agreement on the Implementation of Article VII of the GATT 1994 and Annex I (Interpre tative Note) and paragraph 2 of the Decision on 
Valuation of Carrier Media Bearing Software for Data Processing Equipment (Decision 4.1), 
providing that valuation of software was based on th e value of the media.  He stated that Ukraine 
would not use any form of reference or minimum pr ices or fixed valuation schedules for the valuation 
of imports nor would apply duties and taxes, and that all methods of valuation used were in 
conformity with those provided for in the WTO Agreement on the Implementa tion of Article VII of 
GATT 1994.  The Working Party took note of these commitments.] 
- Rules of origin 
Question 44 
At the last meeting, we requested that Ukra ine supply a copy to the Working Party of the 
supplementary legislation referred to in the paragraph to implement the requirements of 
Article 2(h) and Annex II, paragraph 3(d) of the Agreement on Rules of Origin.  Examination of 
the Amendments to Section XI Customs Code (C ountry of Origin) revealed that the amendment 
to Article 277 provides that upon request, the Ukrainian customs authority will adopt a decision 
regarding the country of origin of a good.   
This is not specific enough.  Pursuant to Article 2(h) and Annex II, paragraph 3(d) of the WTO 
Agreement on Rules of Origin, such determinations  should be issued as soon as possible and in 
no event later than 150 days from the date of the request.  In addition, these determinations should remain valid for at least three years from  the date of issuance providing there is no 
change in the facts or circumstances that determine the origin of the good. 
Answer:
 
On 28 October 2004 the Cabinet of Ministers of Ukraine approved Resolution No. 1443 "On Making 
Additions to the Procedure for Determining the C ountry of Origin of Goods Carried Across the 
Customs Territory of Ukraine" intended to ensure the observance of the requirements of Article 2 (h) 
and Annex II, paragraph 3(d) of the Agreement on Rules of Origin.  The Resolution took effect on 
1 January 2005. 
The Resolution stipulates that upon request of the exporter, importer or any interested party the 
customs body approves a preliminary decision on the country of origin of the goods immediately before the goods are traded but no later than 150 after the customs body receives such request. 
The preliminary decision on the country of origin of goods which is binding upon all customs bodies 
is valid during three years after the day of its approval unless it is revoked or suspended. 
The customs body may resolve to revoke or suspend the preliminary decision on the country of origin 
of goods, if such decision was approved based on forged documents or documents containing 
untruthful information. 
A decision to revoke the preliminary decision on the count ry of origin of goods shall take effect as of 
the day of approving the preliminary decision. 
The approved preliminary decision on the country of origin of goods may be revoked in the event: 
- the Ukrainian Classification of Goods Invol ved in Foreign Trade Activity (goods 
nomenclature) has been changed; WT/ACC/UKR/137 
Page 22  
 
  - international agreements to which Ukraine is a party or legislative acts of Ukraine on 
determining the country of origin and/or the ru les on determination relating to the country of 
origin and other conditions for determin ing the country of origin of goods; and 
- state authorities of Ukraine approve decisions  establishing other conditions for determining 
the country of origin. 
The form and procedure for approving, suspending or revoking a preliminary decision on the country 
of origin of goods shall be determined by the State Customs Service. 
Question 45 
We would like to know how these measures w ill be provided for in Ukraine's laws. 
Answer:
 
We also would like to inform you that on 22 December 2005 the Verkhovna Rada of Ukraine passed 
the Law of Ukraine "On Introducing Changes to Some Legislative Acts of Ukraine" No. 3269- ІV that 
introduced changes to Section XII of  the Customs Code of Ukraine (the country of origin of goods).  
The said changes stipulate the use of the latest goods processing operations (the cumulative principle) 
and the use of the criterion of goods code change  in accordance with the goods nomenclature and the 
ad valorem  criterion (Article 2 (a) of the WTO Agreement on Rules of Origin) as well as delineate 
preferential and non-preferential rules of origin (the WTO Agreement on Rules of Origin).  They 
regulate the issues of determining the country of origin  of packaging that must be declared separately 
from the goods (Article 9 of Section 1 of the Speci al Annex to the Kyoto Convention); they regulate 
the issues of determining the country of origin of  components, parts and tools intended to be used 
with machines, devices, units or vehicles (Article 7 of Section 1 of the Special Annex to the Kyoto 
Convention). 
Question 46 
We do not think that the commitment text in the first set of bracke ts in paragraph 169 is 
sufficient for this section.   
Answer:  
Ukraine does not object to the second set of brackets in Para 169. 
- Other customs formalities 
Question 47 The use of non-governmental facilities to establish classification of imports is problematic, in 
that the normal protections of WTO provisions would not necessarily be observed, nor would the right of appeal to Ukrainian customs authorities and subsequently an "independent 
tribunal" be guaranteed.   We need more in formation on how importers recourse to the 
Chamber of Commerce is required and handled.  
- What is the legal authority for the Chamber to perform this requirement? 
- Is a Chamber of Commerce opinion on classifi cation mandatory for all imports or only 
under certain circumstances?  If it is the la tter, please list those circumstances, e.g. if 
products are under import licensing? 
- Are there any time-limits for the review by the Chamber of the application? - Are the Chamber rulings published? - How would an importer appeal a Chamber of  Commerce decision he disagreed with?    WT/ACC/UKR/137 
 Page 23 
 
 
  - Is the Customs Services required to accept the Chamber's decision or is it only 
advisory?  
- Why isn't Ukraine's customs servi ce responsible for these services?  and 
- When will Ukraine customs resu me classification of imports?  
Answer:  
Article 313 of the Customs Code (adopted on 11 July 2002) stipulates the following: 
"Customs authorities shall classify goods, i.e. they  shall refer goods to classification groups of.  
Ukrainian Classification of Goods Involved in Foreign Trade Activity. Decisions of customs 
authorities on classification of goods for customs purposes are binding for enterprises and citizens."  
Thus, the Customs Service is the only authorit y that classifies imports during importation. 
Importers may seek the Chamber of Commerce's opinion re the classification of goods (expert 
opinion) in case of disputes with the Customs Service regarding classification of goods. 
The only mandatory requirement for using Chamber of Commerce services for classification of goods 
is stipulated in the Import Licensing Regulation approved by an annual Order of the Ministry of Economy.  One of the documents to obtain a license is  an original copy of an expert examination act 
to the effect of the good's code determinati on according to Ukrainian Classification of Goods 
Involved in Foreign Trade Activity by the Chamber of Commerce and Industry of Ukraine or a regional Chamber of Commerce.  
- Preshipment inspection 
Question 48 The text in paragraph 173 is a good basis for a Commitment in this section. 
Answer:
 
Ukraine accepts the commitment in Paragraph 173. 
- Anti-dumping, countervailing duties, safeguard regimes 
Question 49 We understand that two draft laws to bring Uk raine into compliance with WTO provisions on 
Anti-dumping and Safeguards were passed by the Rada in November.  These were Draft 
No. 7117 -Amendments to the Law of Ukraine "On the Protection of Domestic Producer against 
Dumping Imports" and Draft No. 7127 "On Amendm ents to the Law of Ukraine On Safeguard 
Measures regarding Importation to Ukraine."  (Note:  Paragraph 175 states that Law No. 860-IV of 22 May 2003 is Ukraine's most current anti-dumping legislation.  End note) 
We understand that the laws have been signed.   Are they currently in force? 
Answer:
 
The Law of Ukraine "On Introducing Changes to th e Law of Ukraine "On Protecting the Domestic 
Goods Producers Against Dumping Imports" took effect on 30 December 2005; and the Law of 
Ukraine "On Introducing Changes to the Law of Uk raine "On Applying Special Measures to Imports 
to Ukraine" took effect on 25 November 2005.  WT/ACC/UKR/137 
Page 24  
 
  Question 50 
Do they require additional implementing regulations?  What is the status of the regulations used 
to implement the previous (unamended) laws?  W ere they also revised?  Were they superceded? 
Answer:
 
The Laws of Ukraine "On Protecting the Domes tic Goods Producers Against Dumping Imports" and 
"On Applying Special Measures to Imports to Ukra ine," both the original and amended versions, do 
not require the approval of additional normative acts. 
Question 51 
The Working Party should be given an opportunity  to review Ukraine's new legislation on these 
issues.  Has the legislation been provided to th e Working Party?  If not, when may we have 
copies? 
Answer:  
Copies of the Laws of Ukraine "On Protecting the Domestic Goods Producers Against Dumping 
Imports" and "On Applying Special Measures to Impor ts to Ukraine" have been submitted to the 
Secretariat.  
Question 52 We reserve the right to make further commen ts upon review of the new anti-dumping and 
safeguard legislative texts. 
Please confirm whether Ukraine has updated the Law "On Protection of National Industry 
against Subsidized Imports" No. 331-XIV of 22 December 1998 which contains Ukraine's countervailing duty legislation.  Have there been any CVD cases initiated or pursued under this 
legislation since 1995? 
Does Ukraine intend to bring its legislatio n concerning countervailing duty measures into 
conformity with the Agreement on Subsidies and Countervailing Measures? 
Answer:
 
There was no need to update the Law of Ukra ine "On Protecting the Domestic Goods Producers 
Against Subsidized Imports" No. 331-XIV of 22 December 1998.  Pursuant to this law, no 
countervailing duty cases have been brought since 1995.  
Question 53 
Paragraph 183:  We do not cons ider the commitment language in the first set of brackets as 
adequate for this section.   
Answer:  
Ukraine does not object to the commitment language in the third set of brackets.  WT/ACC/UKR/137 
 Page 25 
 
 
  Question 54 
Price Comparability in Determining Subsidies and Dumping: We request that the following language be a dded at the end of the section on Anti-Dumping, 
Countervailing Duties and Safeguard Measures to  address the fact that Ukraine is presently 
considered by this Member a non-market ec onomy for the purposes of determining price 
comparability in antidumping investigations: 
The representative of Ukraine confirmed that , upon accession, the following will apply:   
 Article VI of the GATT 1994, the Agreement on Implementation of Article VI of the 
General Agreement on Tariffs and Trad e 1994 ("Anti-Dumping Agreement") and the 
SCM Agreement shall apply in proceedings invol ving imports of Ukrainian origin into a 
WTO Member consistent with the following: 
 (a) In determining price comparability under Article VI of the GATT 1994 and the 
Anti-Dumping Agreement, the importing WTO Member shall use either Ukrainian prices or costs for the industry under investigation or a methodology that is not based on a strict comparison with domestic prices or costs in Ukraine 
based on the following rules: 
 (i) If the producers under investigation can clearly show that market 
economy conditions prevail in the industry producing the like product with regard to the manufacture, production and sale of that product, the importing WTO Member shall use Uk rainian prices or costs for the 
industry under investigation in determining price comparability; 
 (ii) The importing WTO Member may use a methodology that is not based 
on a strict comparison with domestic prices or costs in Ukraine if the producers under investigation cannot clearly show that market economy 
conditions prevail in the industry producing the like product with regard to manufacture, production and sale of that product. 
 (b) In proceedings under Parts II, II I and V of the SCM Agreement, when 
addressing subsidies, the relevant provisio ns of the SCM Agreement shall apply; 
however, if there are special difficulties in that application, the importing WTO Member may then use alternative methodologies for identifying and measuring the subsidy benefit which take into account the possibility that prevailing terms and conditions in Ukraine may not be available as appropriate benchmarks.   
 (c) The importing WTO Member shall no tify methodologies used in accordance 
with subparagraph (a) to the Committ ee on Anti-Dumping Practices and shall 
notify methodologies used in accordance with subparagraph (b) to the Committee on Subsidies and Countervailing Measures. 
 (d)   Once Ukraine has established, under the national law of the importing WTO 
Member, that it is a market economy, the provisions of subparagraph (a) shall 
be terminated provided that the import ing Member's national law contains 
market economy criteria as of the date of accession.  In any event, the provisions of subparagraph (a)(ii) shall expire 15 ye ars after the date of accession.  In 
addition, should Ukraine establish, pursuan t to the national law of the importing 
WTO Member, that market economy conditions prevail in a particular industry 
or sector, the non-market economy provisions of subparagraph (a) shall no 
longer apply to that industry or sector. WT/ACC/UKR/137 
Page 26  
 
  Answer:
 
Ukraine requests a review of this issue because  on 16 February 2006, this Member recognized 
Ukraine as a market economy.  
B. EXPORT REGULATIONS 
- Customs tariffs, fees and charges for services rendered, application of internal taxes to 
exports 
Question 55 We suggest the following redrafting suggestions  for the section on export duties reflecting 
Ukraine's intent to gradually reduce its export duties on metal scrap, and provide the attached 
tables to be appended to the report in the Annex: 
 184.     The representative of Ukraine said that export duties had been introduced on the 
basis of the Laws "On Export Duty on Live Cattle and Hides" No. 180/96- ВР of 
7 May 1996; "On Export Duty Rates for S eeds of Some Oil Crops" No. 1033-XIV of 
10 September 1999, as amended by Law No. 2555- ІІІ of 21 June 2001, and "On Export 
Duty on Ferrous Waste and Scrap" No. 216-IV of 24 October 2002.  The products 
covered and the corresponding rates of duty at present are listed in Table 17(a)
 
(Note: Table 17(b) will contain information on reduction of export duties.  End note).   
Table 17(a):  Current  export duties levied by Ukraine [Move to Annex] 
 185.  OK - no suggested changes. 
 186.   In reply, the representative of Ukra ine stated that export duties per se were 
consistent with the WTO Agreements, but he acknowledged that high export duties 
could act as trade barriers and hence needed reduction.  The export duty on oilseeds had 
resulted in increased capacity utilization among seed processors and higher domestic 
output of oil, margarine, special fats and m ayonnaise.  As for live animals and hides and 
skins, he noted that the consumption of meat and meat products had declined substantially in Ukraine in the 1990s to th e detriment of domestic producers.  The 
introduction of export duty on hides had resulted in a substantial improvement in the 
structure of Ukraine's exports of hides.  However,
 Ukraine recognized the negative 
impact the export duties had on investment and bilateral trade, but a proposals  to repeal 
the export duties on live cattle and hides ha d been defeated in the Supreme Rada, most 
recently in January 2006,  in 2000  and the Cabinet of Ministers had rejected a similar 
proposal in 2002.  With regard to the TRIM -related concern raised by a Member, he 
stressed that agricultural producers which w ere legal entities in any case were allowed 
to export live cattle (as specified in La w No. 180/96-VR of 7 May 1996), except young 
cattle weighing 350 kg or less and hides from their own production, without payment of export duty.  The export duty on oilseeds, or iginally set at 21 per cent, had been reduced 
to 17 per cent in 2001.  Law No. 2773-IV "On Amending the Law On Export Duty Rates 
for Seeds of Some Oil-Yielding Plants" of 7 July 2005 provided for a further reduction 
of the export duty on oilseeds to 16 per cent and then to 10 per cent, through one per cent annual reductions.  This Law would ente r into force after Ukraine's accession to the 
WTO.  Ukraine remained committed to enactment of legislation
 had prepared a draft 
law, which would eliminate the export duty on live cattle and reduce the export duty on 
hides (cattle hides, sheep and lamb skin, pigskin) from 15 to 10 per cent, through one 
per cent annual reductions.  Ukraine also  committed to reduce the €30 per ton export 
duty on ferrous metal waste and scrap to €25 per ton from 1 January 2006  and then to  WT/ACC/UKR/137 
 Page 27 
 
 
  €18 per ton from 1 January 2007  as provided for in Table 17(b) .  The export duty on 
livestock would also be brought down upon a ccession –  including reductions from 75 to 
60 per cent on "live bovine animals", and 50 to 40 per cent on "live sheep and goats" – 
thereafter followed by a further five per cen t annual reduction over a period of four 
years.  Export duties on raw fur-skins would be reduced to 20 per cent by the date of 
accession, followed by a further reduction over the course of five years by one per cent 
annually.  The proposed reduction s are contained in Table 17(b).   The draft laws on 
reducing these  export duties had been submitted to  the Supreme Rada for consideration. 
 192.   [The representative of Ukraine co nfirmed that at present export duties were 
applied only to the goods listed in Table [17(a) ].  Ukraine would reduce progressively 
the export duties listed in Table [17(b) ] according to the timetable indicated.  After 
accession to the WTO, Ukraine would minimi ze the application of export duties on 
other products and apply such measures only  in accordance with the provisions of the 
WTO Agreement.  He further confirmed th at the current duties and any changes in 
their application would be published in the O fficial Gazette.  The Working Party took 
note of these commitments.] 
Answer:  
Table 17(b): Ukraine commits to further reduce expor t duties for ferrous scrap in accordance with the 
following timetable.  A draft law is being prepared to reflect these proposals  
  WT/ACC/UKR/137 
Page 28 Table 17(b)  
Code HS 96 Goods description Upon accession 1 year after 
accession 2 years after 
accession 3 years after 
accession 4 years after 
accession 5 years after 
accession 6 years after 
accession 
7204  Waste and scrap of ferrous metals, 
except for alloyed; iron and steel 
scrap ingots for remelting, except for 
alloyed        
7204 10 00 00  - Waste and scrap of cast iron 25 € /t 18 €/t 16.4 €/t 14.8 €/t 13.2 €/t 11.6 €/t 10 €/t 
7204 30 00 00  - Waste and scrap of tinned iron and 
steel 25 €/t 18 €/t 16.4 €/t 14.8 €/ t 13.2 €/t 11.6 €/t 10 €/t 
  - Other waste and scrap        
7204 41  -- Turnings, shavings, chips, milling 
waste, sawdust, filings, trimmings 
and stampings, whether or not in 
bundles        
7204 41 10 00  --- Turnings, shavings, chips, milling 
waste, sawdust and filings 25 €/t 18 €/t 16.4 €/t 14.8 €/ t 13.2 €/t 11.6 €/t 10 €/t 
  --- Trimmings and stampings        
7204 41 91 00  ---- in bundles 25 €/t 18 €/t 16. 4 €/t 14.8 €/t 13.2 €/t 11.6 €/t 10 €/t 
7204 41 99 00  ---- other 25 €/t 18 €/t 16.4 €/t 14.8 €/t 13.2 €/t 11.6 €/t 10 €/t 
7204 49  -- other        
7204 49 10 00  --- fragmentized (shredded) 25 €/t 18 €/t 16.4 €/t 14.8 €/t 13.2 €/t 11.6 €/t 10 €/t 
  --- Other        
7204 49 30 00  ---- in bundles 25 €/t 18 €/t 16. 4 €/t 14.8 €/t 13.2 €/t 11.6 €/t 10 €/t 
  ---- other        
7204 49 91 00  ---- in bundles 25 €/t 18 €/t 16. 4 €/t 14.8 €/t 13.2 €/t 11.6 €/t 10 €/t 
7204 49 99 00  ---- other 25 €/t 18 €/t 16.4 €/t 14.8 €/t 13.2 €/t 11.6 €/t 10 €/t 
7204 50  - remelting scrap ingots        
7204 50 90 00  -- other 25 €/t  18 €/t  16. 4 €/t 14.8 €/t 13.2 €/t 11.6 €/t  10 €/t 
 
Ukraine commits to further reduce export duties for non- ferrous scrap in accordance with the following timetable.  A draft law  is being prepared to reflect these 
proposals. 
HS 96 Description After accession 1 year after 
accession 2 year after 
accession 3 year after 
accession 4 year after 
accession 5 year after 
accession 
7202 99 80 00 Ferro-chromium-nickel 30%, but not less 
0.4 €/kg 27% but not less 
0.36 €/kg 24% but not less 
0.32 €/kg 21% but not less 
0.28 €/kg 18% but not less 
0.24 €/kg 15%, but not less 
0.2 €/kg 
720421 Waste and scrap of alloy steel and of 
stainless steel 30%, but not less 
0.4 €/kg 27% but not less 
0.36 €/kg 24% but not less 
0.32 €/kg 21% but not less 
0.28 €/kg 18% but not less 
0.24 €/kg 15%, but not less 
0.2 €/kg 
7204 29 00 00 Other waste and scrap of alloy steel  30%, but not less 
0.4 €/kg 27% but not less 
0.36 €/kg 24% but not less 
0.32 €/kg 21% but not less 
0.28 €/kg 18% but not less 
0.24 €/kg 15%, but not less 
0.2 €/kg 
7204 50 10 00 Remelting scrap ingots of alloy steel 30%, but not less 
0.45 €/kg 27% but not less 
0.405 €/kg 24% but not less 
0,36 €/kg 21% but not less 
0.315 €/kg 18% but not less 
0,27 €/kg 15%, but not less 
0.225 €/kg  
   WT/ACC/UKR/137
 Page 29HS 96 Description After accession 1 year after 
accession 2 year after 
accession 3 year after 
accession 4 year after 
accession 5 year after 
accession 
7218 10 00 00 Stainless stee l in ingots and other 
primary forms 30%, but not less 
1 €/kg 27% but not less 
0.9 €/kg 24% but not less 
0,8 €/kg 21% but not less 
0.7 €/kg 18% but not less 
0,6 €/kg 15%, but not less 
0.5 €/kg 
7401 Copper mattes, cement cooper 
(precipitated copper) 30%, but not less 
0.7 €/kg 27% but not less 
0.63 €/kg 24% but not less 
0.56 €/kg 21% but not less 
0.49 €/kg 18% but not less 
0.42 €/kg 15%, but not less 
0.35 €/kg 
7402 00 00 00 Unrefined copper, copper anodes for 
electrolytic refining 30%, but not less 
1 €/kg 27% but not less 
0.9 €/kg 24% but not less 
0.8 €/kg 21% but not less 
0.7 €/kg 18% but not less 
0.6 €/kg 15%, but not less 
0.5 €/kg 
7403 12 00 00 Wire-bars 30%, but not less 
1.2 €/kg 27%, but not less 
1.08 €/kg 24%, but not less 
0.96 €/kg 21%, but not less 
0.84 €/kg 18%, but not less 
0.72 €/kg 15%, but not less 
0.6 €/kg 
7403 13 00 00 Billets of refined copper 30%, but not less 
1.2 €/kg 27%, but not less 
1.08 €/kg 24%, but not less 
0.96 €/kg 21%, but not less 
0.84 €/kg 18%, but not less 
0.72 €/kg 15%, but not less 
0.6 €/kg 
7403 19 00 00  Other refined copper 30%, but not less 
1.2 €/kg 27%, but not less 
1.08 €/kg 24%, but not less 
0.96 €/kg 21%, but not less 
0.84 €/kg 18%, but not less 
0.72 €/kg 15%, but not less 
0.6 €/kg 
7403 21 00 00 Copper-zinc based alloys (brass) 30%, but not less 
1 €/kg 27%, but not less 
0.9 €/kg 24%, but not less 
0.8 €/kg 21%, but not less 
0.7 €/kg 18%, but not less 
0.6 €/kg 15%, but not less 
0.5 €/kg 
7403 22 00 00 Copper-tin based alloys  (bronze) 30%, but not less 
1 €/kg 27%, but not less 
0.9 €/kg 24%, but not less 
0.8 €/kg 21%, but not less 
0.7 €/kg 18%, but not less 
0.6 €/kg 15%, but not less 
0.5 €/kg 
7403 23 00 00 Copper alloys, copper-nickel based 
alloys (cupro-nickel) or copper-zinc 
based alloys (nickel silver) 30%, but not less 
1.6 €/kg 27%, but not less 
1.44 €/kg 24%, but not less 
1.28 €/kg 21%, but not less 
1.12 €/kg 18%, but not less 
0.96 €/kg 15%, but not less 
0.8 €/kg 
7403 29 00 00 Other copper alloys (other than 
master alloys of heading 7405) 30%, but not less 
1 €/kg 27%, but not less 
0.9 €/kg 24%, but not less 
0.8 €/kg 21%, but not less 
0.7 €/kg 18%, but not less 
0.6 €/kg 15%, but not less 
0.5 €/kg 
7404 00 Copper waste and scrap 30%, but not less 
1 €/kg 27%, but not less 
0.9 €/kg 24%, but not less 
0.8 €/kg 21%, but not less 
0.7 €/kg 18%, but not less 
0.6 €/kg 15%, but not less 
0.5 €/kg 
7405 00 00 00 Master alloys of copper 30%, but not less 
1 €/kg 27%, but not less 
0.9 €/kg 24%, but not less 
0.8 €/kg 21%, but not less 
0.7 €/kg 18%, but not less 
0.6 €/kg 15%, but not less 
0.5 €/kg 
7406 Copper powders and flakes 30%, but not less 
1 €/kg 27%, but not less 
0.9 €/kg 24%, but not less 
0.8 €/kg 21%, but not less 
0.7 €/kg 18%, but not less 
0.6 €/kg 15%, but not less 
0.5 €/kg 
7414 90 00 00 Grills and netting of copper wires  30%, but not less 
1 €/kg 27%, but not less 
0.9 €/kg 24%, but not less 
0.8 €/kg 21%, but not less 
0.7 €/kg 18%, but not less 
0.6 €/kg 15%, but not less 
0.5 €/kg 
7415 29 00 00 Other articles of copper, not threaded 
(including spring washers) 30%, but not less 
1 €/kg 27%, but not less 
0.9 €/kg 24%, but not less 
0.8 €/kg 21%, but not less 
0.7 €/kg 18%, but not less 
0.6 €/kg 15%, but not less 
0.5 €/kg 
7415 39 00 00 Other articles of copper, threaded 
(except for screws for wood, other 
screws, bolts and nuts) 30%, but not less 
1 €/kg 27%, but not less 
0.9 €/kg 24%, but not less 
0.8 €/kg 21%, but not less 
0.7 €/kg 18%, but not less 
0.6 €/kg 15%, but not less 
0.5 €/kg 
7418 19 00 00 Common articles of copper and parts 
thereof, other 30%, but not less 
1 €/kg 27%, but not less 
0.9 €/kg 24%, but not less 
0.8 €/kg 21%, but not less 
0.7 €/kg 18%, but not less 
0.6 €/kg 15%, but not less 
0.5 €/kg 
7419 Other articles of copper 30%, but not less 
1 €/kg 27%, but not less 
0.9 €/kg 24%, but not less 
0.8 €/kg 21%, but not less 
0.7 €/kg 18%, but not less 
0.6 €/kg 15%, but not less 
0.5 €/kg 
750300 Nickel waste and scrap 30%, but not less 
5.5 €/kg 27%, but not less 
4.95 €/kg 24%, but not less 
4.40 €/kg 21%, but not less 
3.85 €/kg 18%, but not less 
3.30 €/kg 15%, but not less 
2.75 €/kg 
7602 00 Aluminum waste and scrap 30%, but not less 
0.4 €/kg 27%, but not less 
0.36 €/kg 24%, but not less 
0.32 €/kg 21%, but not less 
0.28 €/kg 18%, but not less 
0.24 €/kg 15%, but not less 
0.2 €/kg 
7802 00 00 00 Lead waste and scrap 30%, but not less 
0.3 €/kg 27%, but not less 
0.27 €/kg 24%, but not less 
0.24 €/kg 21%, but not less 
0.21 €/kg 18%, but not less 
0.18 €/kg 15%, but not less 
0.15 €/kg  
  WT/ACC/UKR/137 
Page 30 HS 96 Description After accession 1 year after 
accession 2 year after 
accession 3 year after 
accession 4 year after 
accession 5 year after 
accession 
7902 00 00 00 Zinc waste and scrap 30%, but not less 
0.32 €/kg 27%, but not less 
0.288 €/kg 24%, but not less 
0.256 €/kg 21%, but not less 
0.224 €/kg 18, but not less 
0.192 €/kg 15%, but not less 
0.16 €/kg 
8002 00 00 00 Tin waste and scrap 30%, but not less 
1.6 €/kg 27%, but not less 
1.44 €/kg 24%, but not less 
1.28 €/kg 21%, but not less 
1.12 €/kg 18%, but not less 
0.96 €/kg 15%, but not less 
0.8 €/kg 
8101 91 90 00 Tungsten waste and scrap 30%, but not less 
10 €/kg 27%, but not less 
9 €/kg 24%, but not less 
8 €/kg 21%, but not less 
7 €/kg 18%, but not less 
6 €/kg 15%, but not less 
5 €/kg 
8108 10 90 00 Titanium waste and scrap 30%, but not less 
4 €/kg 27%, but not less 
3.6 €/kg 24%, but not less 
3.2 €/kg 21%, but not less 
2.8 €/kg 18%, but not less 
2.4 €/kg 15%, but not less 
2 €/kg 
 
Pursuant to the draft Law of Ukraine "On Amendments to the Law of Ukraine "On the Export Duty on Live Cattle and Hides" (regard ing the reduction of export 
duty rates), Verhovna Rada registration No. 8317-1.  The draft La w provides for the reduction of export duty rates to 50 per ce nt for live cattle and to 30 per cent 
for hide and skin raw materials from the date of accession. Then , the export duty rate for live cattle will be reduced by 5 per  cent points annually to the 
10 per cent, and the export duty rate for hide and skin raw mate rials will be reduced by 1 per cent point to the amount of 20 p er cent (please see the table below). 
Product code 
according to 
Ukrainian 
Classification of 
Goods Involved in 
Foreign Trade 
Activity Goods description Upon 
accession 1 year 
upon 
accession 2 years 
upon 
accession 3 years 
upon 
accession 4 years 
upon 
accession 5 years 
upon 
accession 6 years 
upon 
accession 7 years 
upon 
accession 8 years 
upon 
accession 9 years 
upon 
accession 10 years 
upon 
accession 
0102 Live bovine animals:  
0102 90 05 00 - - - of a weight not 
exceeding 80 kg 50 45 40 35 30 25 20 15 10   
0102 90 21 00 - - - - for slaughter 50 45 40 35 30 25 20 15 10   
0102 90 29 00 - - - - other 50 45 40 35 30 25 20 15 10   
0102 90 41 00 - - - - for slaughter 50 45 40 35 30 25 20 15 10   
0102 90 49 00 - - - - other 50 45 40 35 30 25 20 15 10   
0102 90 51 00 - - - - - for slaughter 50 45 40 35 30 25 20 15 10   
0102 90 59 00 - - - - - other 50 45 40 35 30 25 20 15 10   
0102 90 61 00 - - - - - for slaughter 50 45 40 35 30 25 20 15 10   
0102 90 69 00 - - - - - other 50 45 40 35 30 25 20 15 10   
0102 90 71 00 - - - - - for slaughter 50 45 40 35 30 25 20 15 10   
010290 79 00 - - - - - other 50 45 40 35 30 25 20 15 10   
0102 90 90 00 - - other 50 45 40 35 30 25 20 15 10   
0104 Live sheep and goats:  
0104 10 10 00 - - pure-bred breeding 
animals 50 45 40 35 30 25 20 15 10   
0104 10 50 00 - - - lambs (up to 
1 year old) 50 45 40 35 30 25 20 15 10   
0104 10 80 00 - - - other 50 45 40 35 30 25 20 15 10    
   WT/ACC/UKR/137
 Page 31Product code 
according to 
Ukrainian 
Classification of 
Goods Involved in 
Foreign Trade 
Activity Goods description Upon 
accession 1 year 
upon 
accession 2 years 
upon 
accession 3 years 
upon 
accession 4 years 
upon 
accession 5 years 
upon 
accession 6 years 
upon 
accession 7 years 
upon 
accession 8 years 
upon 
accession 9 years 
upon 
accession 10 years 
upon 
accession 
4101 Raw hides and skins of 
bovine or equine 
animals (fresh, or 
salted, dried, limed, pickled or otherwise 
preserved, but not 
tanned, parchment-
dressed or further 
prepared), whether or 
not dehaired or split 30 29 28 27 26 25 24 23 22 21 20 
4102 Raw skins of sheep or 
lambs (fresh, or salted, 
dried, limed, pickled or 
otherwise preserved, 
but not tanned, 
parchment-dressed or 
further prepared), 
whether or not with 
wool on or split, other 
than those excluded by 
note 1 (c) to this 
chapter. 30 29 28 27 26 25 24 23 22 21 20 
4103 90 00 00 - other 30 29 28 27 26 25 24 23 22 21 20 WT/ACC/UKR/137 
Page 32  
 
  Question 56 
Minimum Indicative Export Prices:  Ukraine's minimum export prices raise seriou s questions of whether they act to create 
artificially low internal prices for exportable goods.   They also appear to conflict with Article XI 
of the GATT.  We seek their elimination from the date of accession.    
In addition, the Working Party report text on this measure requires revision for coherence and 
to update the information given.   
Paragraph 188:  The discussion in paragraph 188 is confusing.  We are told that Table 18 lists 
minimum indicative export prices in effect in early 2005, based on the authority contained in the 
Commercial Code Article 189, clause 4 which ente red into force in January 2004.  Then we are 
told that because Decree of the President No. 691 of 18 November 1994 is no longer in force, 
there are no minimum indicative export prices currently in effect. 
Please clarify the legal basis for indicative pr ices and their current status and describe how the 
precise indicative prices are developed by the government and how they are implemented, e.g., 
through licensing? 
If there are no indicative export prices currently in effect, we are uncertain that Table 18 is 
necessary.   
Answer:
  
Pursuant to Decree No. 124/96 of 10 February 19 96 of the President of Ukraine "On Measures to 
Improve the Market Pricing Policy in the Field of  Foreign Economic Activity" the Government of 
Ukraine may implement indicative prices of the goods:  
- to which exports antidumping measures have b een applied or antidumpi ng investigations or 
procedures brought in Ukraine or outside its border;  
- to which special import procedures are applie d in accordance with Article 19 of the Law of 
Ukraine "On Foreign Economic Activity"; 
- to which exports quota or licensing regimes have been established;  
- to which exports special regimes have been established;  
- which exports are carried out in accordance with the procedure stipulated by Article 20 of the 
Law of Ukraine "On Foreign Economic Activity"; and 
- in other cases in accordance with inte rnational obligations of Ukraine. 
Indicative prices implemented in accordance with this list are binding upon subjects of foreign 
economic activity of all types of ownership in  entering into and performing foreign economic 
agreements (contracts).  
Indicative prices are developed by the Ministry  of Economy of Ukraine and its authorized 
organizations based on results of analyzing information received from customs, fiscal and statistical state bodies, banking, information a nd other institutions and organizati ons of Ukraine, other sources 
using appropriate methodologies. 
Indicative export prices are implemented only if ne cessary; the goods list is developed in accordance 
with Ukrainian Classification of Goods Involved in Foreign Trade Activity and the price is 
established which is approved by an Executive Orde r of the Ministry of Economy of Ukraine.   WT/ACC/UKR/137 
 Page 33 
 
 
  Question 57 
Paragraph 189:  Given the discussion in the foregoing paragraph, we do not understand the 
references to other laws in this paragraph.  To  what extent are minimum indicative prices still 
authorized by the Law on Foreign Trade Activities?  By other laws? 
Answer:   
Article 29 of the Law of Ukraine "On Foreign Ec onomic Activity" stipulates that the implementation 
of indicative import or export prices may be a measur e taken by Ukraine in response to discriminatory 
or unfriendly actions of other states, customs uni ons or economic groups.  Also, pursuant to Decree 
No. 124/96 of 10 February 1996 of the President of Ukraine "On Measures to Improve the Market 
Pricing Policy in the Field of Foreign Economic Activ ity" indicative prices may be established before 
the measures stipulated by Articles 19 and 20 of the Law of Ukraine "On Foreign Economic 
Activity." 
Question 58 
Paragraph 190:  This text confuses the issue of legal authority even further, listing particular 
areas where minimum indicative export prices may be used.  Most of these measures appear 
inconsistent with Article XI of the GATT.  A re such requirements still in effect?  Please update 
and clarify the information in paragraph 190 in light of the revised material in paragraphs 188 and 189.   
Answer:
 
Minimum indicative export prices are established only for the period stipulated by normative acts of 
the Ministry of Economy. For example, minimum indicative export prices in 2006 were established 
by Executive Orders of the Ministry of Economy of  Ukraine No. 7 of 17 January 2006 and No. 36 of 
1 February 2006, namely, approved were indica tive prices of carbamide that was exported from 
Ukraine in the second half of January 2006 at the level US$195/MT FOB ports of Ukraine as well as 
the List of Minimum Indicative Prices of Some Products Exported from Ukraine in February 2006 (US$/MT, FOB Black Sea Ports). 
Item 
No. Product Price 
1  Reinforcement :   
supplies to Near East countries:   
goods item 7214 in accordance with Ukrainian Classification of Goods Involved in 
Foreign Trade Activity:   
   
the diameter up to 10 mm  345  
the diameter more than 10 mm  335  
goods item 7213 in accordance with Ukrainian Classification of Goods Involved in 
Foreign Trade Activity:  335  
goods item 7228 in accordance with Ukrainian Classification of Goods Involved in 
Foreign Trade Activity:  
   
the diameter up to 10 mm  345  
the diameter more than 10 mm  335  
supplies to the USA:     
   
 
    
   
    
goods items 7213, 7214, 7228 in accordance with Ukrainian Classification of 
Goods Involved in Foreign Trade Activity:  345  
Reinforcement in accordance with  the standards DSTU, GOST:   
supplies to Near East countries:   2  
 
   
 goods item 7214 in accordance with : Ukrainian Classification of Goods Involved 
in Foreign Trade Activity:    
   WT/ACC/UKR/137 
Page 34  
 
  Item 
No. Product Price 
the diameter up to 10 mm  320  
the diameter more than 10 mm  315  
goods item 7213 in accordance with Ukrainian Classification of Goods Involved in 
Foreign Trade Activity:  315  
goods item 7228 in accordance with Ukrainian Classification of Goods Involved in 
Foreign Trade Activity:   
   
the diameter up to 10 mm  320      
   
the diameter more than 10 mm  315  
Wire rod supplies to the USA:   
the diameter 5.5 mm  460  3  
the diameter more than 5.5 mm  460  
4  Square bar 290  
Hot-rolled coil 300  
supplies to China, Turkey, Israel, United Arab Emirates, Syria 290  
supplies to Mexico, Canada, Argentina, India, Egypt 290  5  
supplies to the USA 490  
Hot-rolled sheet with the thickness 8 - 50 mm 380  6  
supplies to North-East Asia countries 360  
Hot-rolled sheet supplies to the USA:    
A36  659.11  
A572  710.49  
A516  715.98  
API-2H  973.04  
A283  654.05  
ABS A/B  663.24  7  
A515  710.56  
Ferrosilicium -65  450  8  
Ferrosilicium -75  540  
Ferrosilicium manganese:   
P - 0,35 %  515  
P - 0,50 %  475  
P - 0,35 % BT 530  
P - 0,50 % BT 515  
P - 0,60 % BT 510  
supplies to EU countries, CIF:  
C > 0,5 %  470 euro  
C < 0,5 %  560 euro  9  
C < 0,05 %  610 euro  
10  Carbamide (3102 10 10 00, 3102 10 90 00 in accordance with Ukrainian 
Classification of Goods Involved in Foreign Trade Activity: )  185  
11  Ammonia  (2814 10 00 00 in accordan ce with Ukrainian Classification of Goods 
Involved in Foreign Trade Activity: )  255  
Live cattle:  
weighting up to 350 kg / head  1300 - 1350  12  
weighting over 350 kg / head  1300 - 1400  
Live rams and sheep  
weighting up to 30 kg / head  1050 - 1200  13  
weighting over 30 kg / head  1000 - 1100  
Cattle hides wet-salted and preserved by other method, non-contoured, 
mechanically peeled:   
   
1 grade  1550 - 1650  
2 grade  1450 - 1550  
3 grade  1315 - 1400  
4 grade  1200 - 1300  14  
weighting up to 10 kg, 1 grade 2450 - 2850   WT/ACC/UKR/137 
 Page 35 
 
 
  Item 
No. Product Price 
Sheep hides wet-salted (USD/piece.):  
1 grade  5.0 - 6.0  
2 grade  4.0 - 5.0  
3 grade  3.0 - 4.0  15  
4 grade  1.7 - 3.0  
Pig hides wet-salted and preserved by other method, non-contoured, mechanically 
peeled:  
   
1 grade  775 - 850  
2 grade  725 - 770  
3 grade  650 - 690  16  
4 grade  600 - 630  
17  Flax seeds crushed or non-crushed  240  
18  Sunflower seeds crushed or non-crushed  225  
19  Ginger seeds 150  
 
Question 59 
Paragraph 191:  We support the call for an  appropriate commitment on this issue. 
Answer:  
Ukraine takes note of this proposal. 
- Export restrictions 
Question 60 
Paragraph 193:  Text should be updated in line with Amended Law on Foreign Economic 
Activity. 
Paragraph 196:  We seek Ukraine's agreement to eliminate its export bans, quotas, and 
non-automatic licensing restrictions applied fo r economic reasons to the products listed in: 
- Table 19(a) scrap metal; 
- Table 19(b) precious stones and metals; 
- Table 20(a) iron ore, nonferrous metals , certain machinery and parts, petroleum 
products, and precious stones and metals; and  
- Table 20(b) precious stones, for economic rea sons, in particular the ban on nonferrous 
scrap 
GATT Article XX(g) would not appear appropriat e as many of these products are not "natural 
resources" and there do not appear to be domestic  restrictions in place on domestic production 
or consumption.  Article XX(c) covers silver and gold, generally for monetary purposes, not 
diamonds, amber, platinum or plate. 
Answer:  
Table 19(a):  Draft Law No. 7565 "On Cancelling the Export Prohibition of Alloy Steel and 
Non-Ferrous Metal Waste and Scrap" eliminates the prohibition of exports and introduces the export 
duty for non-ferrous metal and alloy steel waste and scrap.  Thus, Table 19(a) can be deleted after the 
adoption of this Law.  This Draft was adopted on first reading on 6 July 2005. WT/ACC/UKR/137 
Page 36  
 
  Table 19(b):  Upon the adoption of the Amendments  to the Law on Foreign Economic Activities, all 
measures (other than gold and silver) in Table 19b will be eliminated. 
Table 20(a): The first three entries of this table ar e to protect the environment and are justifiable under 
Article XX(b) of the GATT 1994.  As for the remain ing items, they were all removed by Cabinet of 
Ministers Resolution No. 1304 as of 30 December  2005.  Please see revised Table 20(a) below. 
Table 20(b): Many items under Table 20(b) have been eliminated.  Please see below revised 
Table 20(b).  All goods under this table are to me et legitimate objectives under Article XX except for 
precious stones and precious metals and alloys whic h will be replaced by gold and silver after the 
amendments to the Law on Foreign Economic Activities are adopted. 
Table 20(a): Goods subject to export licensing, upon prior approval revised
 
on the basis of Resolution of the Cabinet of Ministers of Ukraine No. 1304 of 30 December 2005  
Tariff Code Product Description Entity Responsible for 
Applying the Measure Legislative Basis Measure Description 
and Purpose 
WTO Justification or 
Date of Elimination 
2710 00 98 00, 
3004, 3208, 3209, 3212, 
3214, 3304, 
3305, 3306, 
3307, 3402, 
3403, 3405, 3506 
91 00 00, 3808, 
3809, 3811, 
3812, 3814 00,  
3820 00 00 00, 
3824 90 70 00, 
3824 90 95 00, 
3910 00 00 Products, which may 
contain ozone-depleting substances 
and are imported in 
aerosol package  Issuance of Licence: 
Ministry of Economy Prior Approval: 
Ministry of 
Environmental 
Protection   
for 3208, 3209, 3212, 
3214, 3304, 3305, 
3306, 3307, 3402, 
3403, 3405,  
3506 91 00 00, 3808, 
3809, 3811, 3812, 
3814 00, 3820 00 00 
00, 3824 90 70 00, 
3910 00 00 
Licence  for 3824 90 
95 00 issued by 
National Bank of 
Ukraine  Resolution of the 
Cabinet of Ministers of Ukraine No. 1304 
of 30 December 2005 
On the List of Goods, 
Export and Import of 
Which is Subject to 
Licensing, and Which 
Fall under the Quota 
Regime in 2006 GATT Article XX (b) 
8415, 8418, 8424 
10,  
8419 89 10 00 
8476 21 00 00, 
8476 81 00 00, 9304 00 00 00  Products, which may 
contain ozone-
depleting substances Issuance of Licence: 
Ministry of Economy 
Prior Approval: 
Ministry of 
Environmental Protection   "" GATT Article XX (b)  WT/ACC/UKR/137 
 Page 37 
 
 
  Tariff Code Product Description Entity Responsible for 
Applying the Measure Legislative Basis Measure Description 
and Purpose 
WTO Justification or 
Date of Elimination 
2903 14 00 00, 
2903 19 10 00, 
2903 30 33 00,  
2903 41 00 00, 2903 42 00 00, 
2903 43 00 00, 
2903 44 10 00, 
2903 44 10 00, 
2903 44 90 00, 
2903 45 10 00, 
2903 45 15 00, 
2903 45 25 00. 
2903 45 30 00, 
2903 45 30 00, 
2903 45 35 00, 
2903 45 40 00, 
2903 45 45 00, 
2903 45 50 00,  
2903 45 55 00, 
2903 45 90 00, 
2903 46 10 00, 
2903 46 20 00, 
2903 46 90 00, 
2903 49 10 00,  
2903 49 30 00, 
3824 71 00 00, 
3824 79 00 00, 
3824 90 95 00,  Ozone-depleting 
substances Issuance of Licence: 
Ministry of Economy 
Prior Approval: 
Ministry of Environmental 
Protection   
 "" GATT Article XX (b) 
Table 20(b): Goods subject to export approvals revised  
on the basis of Resolution of the Cabinet of Ministers of Ukraine No. 1304 of 30 December 2005  
Tariff Code Product Description Entity Responsible for 
Applying the Measure Legislative Basis Measure Description 
and Purpose 
WTO Justification or 
Date of Elimination 
9303-9306 Arms, ammunition, 
defence military 
equipment and special 
components for 
production thereof Cabinet of Ministers of 
Ukraine after 
agreement with 
respective committees 
of the Verkhovna Rada 
of Ukraine 
(Parliament) Law on Foreign 
Economic Activities 
No. 959-XII dated 
16 April 1991 GATT Article XXI (b) 
2616 
2843 Precious metals and 
alloys  "" "" GATT Article XX (c) 
 
7018 
7103-7105 Precious stones "" "" GATT Article XX (c)  
 
9701-9706 Masterpieces of arts 
and antique items from 
museum funds of Ukraine "" "" GATT Article XX (f) 
 
Question 61 
In addition, Ukraine should revise its export licensi ng fee to relate it to the cost of the licensing 
program, not the value of the export.  This shou ld be reflected in the Working Party Report 
text. WT/ACC/UKR/137 
Page 38  
 
  Answer:
 
Cabinet of Ministers Resolution No. 362 "On the Am ount of State Duty for Issuing Export (Import) 
Licenses" of 18 May 2005 provided for the applica tion of import and export licensing fees that 
reflective of cost of services rendered.  The ad valorem  export licensing fee is no longer in effect. 
Question 62 
Paragraph 205:  In this regard, we believe that that the commitment text in the second set of 
brackets represents a good basis from whic h to develop an appropriate commitment. 
Answer:  
Ukraine takes note of this proposal. 
- Export subsidies 
Question 63 
Paragraph 208: Consistent with our comments at the last meeting, we ask that the current text 
of paragraph 208 be replaced by the following commitment from Ukraine: 
 208.   The representative of Ukraine co nfirmed that, from the date of accession, 
Ukraine will eliminate all export subsidies, within the meaning of Article 3.1(a) of the 
SCM Agreement.  To this end, Ukraine will, by accession, cease to maintain all 
pre-existing export subsidy programme s and, upon accession, make no further 
payments or disbursements, nor forego revenue or confer any other benefit, under such programmes.  This commitment covers subsid ies granted at all levels of government 
which are contingent, in law or in fact, upon export performance and includes, but is not 
limited too, any such subsidies to the shipbuilding and automotive industries.  The 
Working Party took note of this commitment   
Answer:
 
Ukraine accepts the new text for Paragraph 208.  No te however that Ukraine does not currently have 
any prohibited subsidies in the shi pbuilding or automotive industries. 
Question 64 
Please confirm in the text of this section that Ukraine's incentives with respect to exemptions 
and remissions of import duties are consistent wi th Article 3 and Annexes I, II and Annex III of 
the SCM Agreement, including the requirement that limits duty remission and rebate schemes to inputs that are consumed in the production of the exported product (making allowance for 
waste).  
Answer:
 
Exemptions from customs duties on input used for production exist only in the shipbuilding sector. 
Such exemptions are not contingent upon export.  Further, Ukraine does not maintain any duty draw 
back or remission scheme in connection with this exemption.  As such, Ukraine currently does not 
maintain any prohibited subsidies within the meaning of Article 3 of the SCM Agreement. 
Note that the exemptions from customs duties on input used for production exist only in the 
shipbuilding sector  provided contracts were c oncluded by  shipbuilding enterprises before  WT/ACC/UKR/137 
 Page 39 
 
 
  1 March 2005.  Thus, shipbuilding enterprises can not conclude new investment contracts on these 
favourable conditions. 
C. INTERNAL POLICIES  AFFECTING FOREIGN TRADE IN GOODS 
- Industrial policy, including subsidy policies Question 65 
We would like to confirm that the current Draf t Law "On Amendment of the Law of Ukraine 
"On Stimulation of Automobile Production in  Ukraine" does not maintain any prohibited 
subsidy elements, specifically subsidies deemed prohibited under Article 3.1(a) and 3.1(b) of the SCM Agreement.  Also, please provide an updated of when this new law is expected to be 
adopted and to go into effect. 
Answer:
 
The Law "On Amending the Law of Ukraine "On Deve lopment of Automobile Industry in Ukraine" 
was adopted on 6 July 2005 No. 2740.  Ukraine do es not currently maintain any prohibited subsidy 
elements in the automobile sector, specifically subs idies deemed prohibited under Article 3.1(a) and 
3.1(b) of the SCM Agreement. 
Question 66 Please clarify your response as to how the elimination of the "Law of Ukraine No. 2505-IV of 
25 March 2005" and the provision of Article 4 of the Law of Ukraine "On Stimulation of Automobile Production in Ukraine "affects the VAT exemptions for "certain domestic inputs" 
under the Law "On State Budget for 2004/2005."   
Answer:
 
Law of Ukraine No. 2505-IV of 25 March 2005 ame nded the Law on State Budget of 2005 and other 
Legislative Acts (e.g. VAT Law).  Law No. 2505-IV  eliminated the VAT exemptions for certain 
domestic inputs in the automobile sector through amending the VAT Law. 
The provisions of Article 4 of the Law "On Deve lopment of Automobile Production in Ukraine", 
which had been the basis for granting the privileges (local content requirement), had been eliminated 
pursuant to the Law "On Amendment of the Law of Ukraine "On Development of Automobile 
Manufacture in Ukraine" dated 6 July 2005. 
Question 67 
We would like to confirm Ukraine's agreement th at, as a prospective WTO member, all aspects 
of Article 3 of the SCM Agreement, including the prohibition of subsidies contingent upon 
export performance as well as subsidies continge nt on the use of domestic over imported goods, 
as enumerated in Article 3.1(a) and 3.1(b), must be accepted.  Therefore, we seek a commitment 
from Ukraine to eliminate all existing prohib ited subsidy programs and to not introduce or 
maintain new prohibited subsidies in the future.  
Answer:  
Ukraine accepts all aspects of Article 3 of the SCM Agreement, including the prohibition of subsidies 
contingent upon export performance as well as subs idies contingent on the use of domestic over 
imported goods, as enumerated in Article 3.1(a) and 3.1(b).   WT/ACC/UKR/137 
Page 40  
 
  Ukraine does not currently maintain any prohibited subsidies. 
Question 68 
Paragraphs 213, 214 and 219:  We note that Uk raine has introduced a gradual phasing-out of 
the land tax exemption. We would like to conf irm that exemptions from land tax are not 
contingent upon export or the use of domestic ove r imported goods.  If they are contingent in 
this manner, Ukraine must either eliminate the program by the date of accession or modify the 
program to be consistent with Article 3 of the SCM Agreement. 
Answer:
 
Ukraine confirms that exemptions from land tax are not contingent upon export or the use of domestic 
over imported goods. 
Question 69 Paragraph 222 should be revised as follows:  ".  . .it would not maintain subsidies, including 
export subsidies and import-substitution subsid ies which met the definition of a prohibited 
subsidy." 
Answer:
 
Ukraine accepts this commitment. 
Question 70 
We ask that the following paragraph be included at the end of the descriptive section on 
Industrial Policy, Including Subsidies,  that is, after paragraph 222. 
 222 bis. The representative of Ukraine conf irmed that, upon accession, the following 
shall apply:  For purposes of applying Articles 1.2 and 2 of the SCM Agreement, 
subsidies provided to state-owned enterprises (including state trading enterprises) will 
be viewed as specific if, inter alia, state-owned enterprises are the predominant recipients of such subsidies or state-owned enterprises receive disproportionately large 
amounts of such subsidies.   The WP took note of this commitment. 
Paragraph 223:  We ask that the current text of paragraph 223 be replaced by the following 
commitment from Ukraine: 
 223.  The representative of Ukraine conf irmed that, from the date of accession, 
Ukraine will eliminate all export and impor t-substitution subsidies, within the meaning 
of Article 3.1(a) and 3.1(b) of the SCM Agreement.  To this end, Ukraine will, by accession, cease to maintain all pre-existing  export and import-substitution subsidy 
programmes and, upon accession, make no further payments or disbursements, nor 
forego revenue or confer any other benefit, under such programmes.  This commitment 
covers subsidies granted at all levels of government which are contingent, in law or in fact, upon export performance or the use of domestic over imported goods, and includes, but is not limited too, any such subsidies to the shipbuilding and automotive industries.  The Working Party took note of this commitment. 
Answer:
 
Ukraine accepts this commitment.  WT/ACC/UKR/137 
 Page 41 
 
 
  - Technical barriers to trade, sa nitary and phytosanitary measures  
Question 71 We thank Ukraine for the information provided, a nd for the strong efforts it has made over the 
past few years to reform its standardization system.   
We would be interested in a update on the addition al legislation contemplated, to ensure that all 
mandatory requirements applied to imports meet WTO requirements prior to accession. 
We have the following specific concerns: WT/ACC/UKR/5/Rev.3: Ukraine's Draft Law on  Standards, Technical Regulations and 
Conformity Assessment Procedures has been su bmitted to the Parliament and when adopted 
will supercede the 2001 Law on Conformity A ssessment and the Law on Standardization.  
Paragraph 197 and possibly other parts of the 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:
 
The said question refers to the Government's draft Law "On developmen t and application of 
standards, technical regulations and conform ity assessment procedures", which did not gain a 
sufficient number of votes at the Verkhovna Rada of Ukraine and was rejected. 
Instead, on 1 December 2005, the Verkhovna Rada of Ukraine adopted a Law of Ukraine "On 
Standards, Technical Regulations and Conformity Assessment Procedures" prepared by S. Matvienko, 
Member of Parliament of Ukraine, whose draft Law is  aimed to bring the laws of Ukraine in the area 
of technical regulation into conformity with th e rules of the Agreement on Technical Barriers to 
Trade.   
The said Law came into effect on 11 January 2006.  It introduced amendments to the Laws on 
Standardization and on Conformity Assessment.  Please see Annex II for suggested changes to text of 
Working Party report. 
Ukraine provides the English language version of the said Law to the Working Party Members for 
review. 
Question 72 
Paragraph 227 should be updated to reflect th e List of Products Subject to Mandatory 
Certification in Order No. 28 of 1 February 2005. 
 Answer:  
The updated list of products subject to mandatory certification had been approved by Order of the 
State Committee for Technical Regulation and Cons umer Policy No. 28 of 1 February 2005.  
Accordingly, 25 categories/subcategories of low -risk products had been removed from the list.  
Pursuant to the Committee's Order No. 171 of 14 Ju ly 2005 an additional category, namely "Optical 
devices for medicinal purposes", had also been removed from the list.     
Ukraine doesn't object to introducing the said changes to paragraph 227. WT/ACC/UKR/137 
Page 42  
 
  Please see revised Text to Paragraph 227 of Working Party Report in Annex II  below. 
Question 73 
Paragraphs 228-229 should be updated to reflect the amended Interstate Standard (DSTU) 
No. 1168-86 on shelf life for fish products .  The last three sentences of paragraph 229 
concerning mandatory certification for other produc ts is unrelated to the shelf-life issue and 
should be evaluated in light of Ukraine's ne ws laws and, as appropriate merged into 
paragraph 227. 
Answer:
 
Ukraine doesn't object to introducing the said changes to paragraphs 227-229. 
Question 74 
We suggest the insertion of the following commitment text, which we understand reflects 
Ukraine's revised system on shelf life requirements: 
  [229 bis.     The representative of Ukraine confirmed that Ukraine had reviewed its 
shelf-life requirements and as a result, the Cabinet of Ministers was in the process of approving changes to Ukraine's technical regulat ion on shelflife for fish to bring it into 
conformity with the CODEX alimentarius guidelines on the labeling of prepackaged 
food products. When the revised technical regulation was implemented, the previous 
technical regulations that imposed shelf-lif e restrictions would be repealed and no 
longer enforceable.  In addition, Ukraine wo uld accept use-by/ sell-by dates that are 
determined solely by the manufacturer. The Working Party took note of these 
commitments.] 
Answer:
 
Ukraine accepts the proposed text of the said commitment with the following changes: 
 [229 bis.  Ukraine confirmed that Ukraine had reviewed its shelf-life requirements.  As a 
result, the Cabinet of Ministers is in the process  the Government of Ukraine has begun the 
process  of approving changes to Ukraine's technical regulation on shelf life for fish to bring it 
into conformity with the CODEX Alimentarius guidelines on the labeling of prepackaged 
food products.  When the revised technical regul ation is implemented,  Ukraine will no longer 
enforce previous technical regulations that im posed fish shelf-life restrictions, and Ukraine 
will accept use-by/ sell-by dates that are de termined solely by the manufacturer.  The 
Working Party took note of this commitment.] 
Question 75 
Paragraph 236: This paragraph should be upda ted to reflect that the new TBT law has been 
passed and signed.  Please provide a copy of the final draft Law, in translation, as soon as possible. 
Answer:
 
Ukraine has no objection to these changes.  Please s ee revised paragraph 236 in Annex II below.  
Ukraine has provided the English language version of the Law "On Standards, Technical Regulations 
and Conformity Assessment Procedures" to  the Working Party Members for review.  WT/ACC/UKR/137 
 Page 43 
 
 
  Question 76 
Paragraphs 239-241: This material needs to be streamlined and rationalized, as there is a great 
deal of duplication.  A distinction should  be made between descriptive and commitment 
language.  
Answer:  
Ukraine accepts the bracketed te xt in paragraph 240.  However, Ukraine does not object to 
restructuring of paragraph 240 to make clear distinction between descriptive and commitment 
language. 
Question 77 
In addition, paragraph 240 and the second part of 241 appear to contemplate a transitional 
period after accession during which mandatory standards will be applied that do not meet 
WTO requirements as technical regulations.   
While we appreciate Ukraine's candor in providing  information on its intentions under its TBT 
Action Plan, we oppose any such transition and lo ok to Ukraine to revise its proposal to ensure 
that from the date of accession only technica l regulations meeting WTO requirements will be 
mandatory. 
Answer:  
Ukraine agrees to such proposal. Uk raine will ensure from the date of accession that only technical 
regulations meeting WTO requi rements will be mandatory. 
The Action Plan to achieve full conformity by the national system of standardization and technical 
regulation in Ukraine to the WTO Agreement on Tec hnical Barriers to Trade (for 2005 to 2011) is not 
a request to grant a transitional period to Ukra ine after its WTO accession.  This is a domestic 
measure to update national legisla tion and ensure the monitoring and implementation of international 
standards in accordance with the requirements of th e TBT Agreement which application is voluntary. 
Obligatory requirements to safety of specific products are included in technical regulations that are 
developed in Ukraine since 2001. 
Question 78 Law on Development and Application of Standa rds, Technical Regulations and Conformity 
Assessment Procedures: We have expressed our concern that the Law (and Government TBT 
Action Plan) fails to distinguish between inte rnational and regional standards, with equal 
priority given to them.  The TBT Agreement, in contrast, obliges WTO members to give 
priority to using relevant international standards.   
The current draft of the Working Party Report (paragraph 226) indicates that this legislation 
gives priority consideration to "relevan t international standards, guidelines and 
recommendations as a basis for it standards, tec hnical regulations and associated conformity 
assessment procedures."  
Answer:
 
According to Paragraph 2 of Article 8 of th e Law on Standards, Technical Regulations and 
Conformity Assessment Procedures, priority shou ld be given to international standards in the 
development and application of standards.  WT/ACC/UKR/137 
Page 44  
 
  Question 79 
We would appreciate a citation in the text of where confirmation of that statement can be found 
in Ukrainian law. 
Answer:
 
Please see reply to question above. 
Further, Ukraine is prepared to make a commitment  in the Working Party Report to provide priority 
consideration to relevant intern ational (over regional) standards,  guidelines and recommendations as a 
basis for it standards, technical regulations and associated conformity assessment procedures. 
Question 80 
We have also expressed concern with certai n privileges associated with "international 
agreements" (e.g. in Articles 5 and 44 of earlier dr afts of the Law).  In bilateral discussions, 
Ukraine has clarified that the WTO fell within the definition of "international agreement" for 
purposes of implementing its Law. 
We are seeking confirmation of this underst anding in the Working Party Report, with 
appropriate reference to the new Law. 
Answer:  
Ukraine confirms that the WTO falls within the definition of "international agreement" for purposes 
of the implementation of its Law.  According to the definition in the Law on Standards, Technical 
Regulations and Conformity Assessment Procedures , international agreement is any international 
agreement of Ukraine, including bilateral and multil ateral mutual recognition agreements, of which 
Ukraine is a participant, regarding development a nd application of standards, technical regulations 
and conformity assessment procedures. 
It is clear, however, that for purposes of a correct interpretation of Article 44 of the old Draft Law, the 
WTO Agreement is not to be considered as an international agreement on mutual recognition of 
conformity assessment.  Similarly, the WTO cannot be  seen as an international or regional conformity 
assessment organization.  The WTO creates a number of obligations in relation to conformity 
assessment and the recognition of conformity (i.e. Articles 5 to 9 of the TBT Agreement), but does 
not imply that, merely because of WTO Memb ership, any WTO Member must recognize and 
"automatically" accept the conformity assessment procedures of other WTO Members. 
This interpretation is clearly stated in Article 6. 1 and 6.3 of the TBT Agreement.  The recognition of 
conformity is encouraged under the TBT Agreement, but  is not "automatic".  It must come through a 
process of consultation or negotiation (of MRAs) by which Ukraine will become satisfied that the 
conformity assessment procedures of other WTO Members offer an assurance of conformity with 
applicable technical regulations or standards equivale nt to the procedures used in Ukraine.  Ukraine is 
ready to enter into such consultations and negotia tions and fully committed at respecting the word and 
the spirit of the TBT Agreement. 
It should also be noted that the Law on Standards,  Technical Regulations and Conformity Assessment 
Procedures No. 3164-IV adopted on 1 December 2005  in the Article 30 states, that results of 
conformity assessment procedures, (including certificates of conformity and other documents regarding results of testing of products) conducted outside of Uk raine, shall be accepted and 
recognized in Ukraine, according to international agreements of Ukraine on mutual recognition of the 
results of conformity assessment. The conformity  assessment results may be recognized without  WT/ACC/UKR/137 
 Page 45 
 
 
  concluding relevant internati onal agreements on mutual recognition when Ukraine and the party 
which requests recognition are members of inte rnational or regional conformity assessment 
organizations. 
- Sanitary and phytosanitary measures 
Question 81 
The section is much improved and we commend th e Government of Ukraine for its commitment 
to make changes to its SPS regim e that are WTO-consistent.  
We thank Ukraine for the receipt of English v ersions of several draft SPS-related laws including 
the Law "On  Safety and Quality of Food Pro ducts," "On Plant Quarantine," "On Veterinary 
Medicine," and the new TBT Law.  We understand that all these laws have now been enacted 
and, with the exception of the Law on Veterinary Medicine, signed.  
It is likely that this entire section of the Report  will need updating and revision to take account 
of the new legislation.   
Could Ukraine provide translated copies of these laws to the Working Party for review? 
It is important in the context of finalizing th is section of the draft Working Party report to 
review them to confirm their compliance and note  any areas where clarification is necessary.   
Answer:  
Please see proposed revisions to the SPS Section in Annex III below. Note that the Law on Veterinary Medicine was vetoed  by the President for reasons connected with the 
status of the State Department of Veterinary Medi cine.  The said draft should be considered in the 
next session of the Verkhovna Rada (with pr oposals of the President of Ukraine).  
Ukraine has provided the English copies of the SPS laws to the Working Party Members for review. 
Question 82 
We also take note of Ukraine's harmonization plan (WT/ACC/UKR/128) to bring its SPS 
regime into compliance with WTO rules and obligat ions but have concerns about the timeline of 
this process.  We seek a commitment from Ukraine that it will be in full conformity with the 
obligations of the WTO SPS Agreement upon the date of accession.  We also have further 
questions about the SPS harmonization plan.  
Answer:
 
Ukraine is ready to apply all its sanitary measures consistently w ith the requirements of the WTO 
Agreements on Sanitary and Phytosanitary M easures upon the date of WTO accession without 
recourse to any transitional arrangements. 
Question 83 We would also like confirmation that the Rada  has not passed nor is considering any other 
SPS-related laws, i.e. laws that are not part of  the SPS and TBT framework laws listed above.  
If there is additional legislation, we would appreciate received copies of all other SPS-related 
laws. WT/ACC/UKR/137 
Page 46  
 
  Answer:
 
The Verkhovna Rada of Ukraine has not passed nor is considering any othe r SPS-related laws, i.e. 
laws that are not part of the SPS a nd TBT framework laws listed above.   
Question 84 
Paragraph 244:  Please provide us with any update  on legislative developments related to SPS.  
Does Annex B to document WT/ACC/UKR/110/Add.3 contain the most up-to-date list of 
SPS-related laws?  
Answer:  
The following summarizes major legisl ative developments related to SPS: 
- The Law of Ukraine on Safety and Quality of Food Products No. 2809-IV was passed on 
6 September 2005 and entered into force on 26 October 2005; 
- The Law of Ukraine On Introduction of Chang es to Some Laws of Ukraine No. 3078-IV was 
passed on 15 November 2005 and entered into force on 7 January 2006; 
- The Draft Law on Plant Quarantine was adopted by the Rada on 19 January 2006; and - The Law on Veterinary Medicine was adopted by the Rada on 22 December 2005.  The Law 
was vetoed by the President on 31 January 2006 for reasons connected with the status of the 
State Department of Veterinary Medicine. The Law is to be reconsidered by the Parliament again. 
Question 85 
Paragraph 245:  We are pleased to hear that  new legislation may significantly reduce the 
number of inspections requiring sampling and testing procedures.  Please update this 
paragraph to indicate which legislation will provide such reductions and what is its current 
status. We would also request a copy of this legislation, in English. 
Answer:
 
Please see revised text for Para 245 in Annex III below. The Law on Safety and Quality of Food Products No 2809-IV was enacted on 6 September 2005.  An 
English copy of the Law has been provided. 
Question 86 
Paragraph 250:  What is the status of Ukraine's membership with the IPPC?  
Answer:
 
On 31 January 2006 the President of Ukraine signed the Presidential Order about Ukraine's adherence 
to the IPPC. Currently, all necessary documents (Instrument of Adherence) are being prepared to be 
passed by the Ministry of Foreign Affa irs to the IPPC Secretariat.     
Question 87 
Paragraph 253: This is a good basis for a commitment.  WT/ACC/UKR/137 
 Page 47 
 
 
  Answer:  
Ukraine doesn't object to accept the commitment  language in paragraph 253 with the following 
modifications to make it more clear: 
 "The representative of Ukraine stated that from the date of accession to the WTO his 
Government would apply all its sanitary require ments consistently with the requirements of 
the WTO Agreements on Sanitary and Ph ytosanitary Measures and Import Licensing 
Procedures without recourse to any transitional arrangements.  He added that Ukraine would 
not require additional certification or sanitary  registration for products which have been 
certified as safe for human use and consumption by recognized foreign or international bodies  
national competent bodies , and Ukraine would ensure that 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 trad ers.  He confirmed that sanitary and other 
certification requirements in Ukraine were admi nistered 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 th eir trade with a view to resolving specific 
problems.  The Working Party took note of these commitments". 
- Trade-related investment measures 
Question 88 Paragraph 257:  This text is a good basis for a commitment text for this section. 
Answer:
 
Ukraine accepts this commitment. - State-trading entities Question 89 We appreciate the new information provided by Ukraine on Khlib Ukrainy and other 
information.  
We note that Ukraine has not provided any information of non-state-owned state trading 
enterprises within the meaning of Article XVII of the GATT.   We are also interested in 
additional information on partially privatized st ate trading enterprises that meet these criteria.  
Does Ukraine have any of these sorts of enterp rises, i.e., where a private or semi-privately 
owned enterprise is accorded special privileg es or a trading monopoly by the government? 
We reserve our position on other firms to be identified as state-trading enterprises.   
Answer:
 
There are no non-state-owned state trading enterprises within the meaning of Article XVII of the 
GATT and its understanding.  The only state trading entities that exist in Ukra ine are State-owned.  
Ukraine conducted an evaluation of major state-owne d and other enterprises and determined that only 
eight companies are state trading companies acco rding to the definition of Article XVII of the 
GATT 1994 and its understanding.  These are: State Corporation of Alcohol and Liquor Industry 
"Ukrspyrt" and National Joint-Stock Company "Naf togas of Ukraine" (Closed JSC UkrGasEnergo), 
State Company "Ukrspetsexport", and state and co mmunal pharmaceutical enterprises, which have an 
exclusive right to conduct impor t/export operations with certain na rcotics, psychotropic substances WT/ACC/UKR/137 
Page 48  
 
  and precursors, namely: State Joint Stock Compa ny "Liky Ukrainy", Kharkiv State Pharmaceutical 
Enterprise "Zdorov'ya Narodu", Open Joint Stock Company "InterChem", State Chemical and Pharmaceutical Enterprise "InterChem-1", Communal Enterprise "Pharmacia" (Kyiv).   Paragraph 262 should be totally eliminated and replaced with this aforementioned information. 
Presently, business conditions on the grain market are the same for SJSC "Khlib Ukrajyny" and 
private grain traders.  All grain exporters have fre e access to border points for international maritime 
freight communications opened at the territory of por t elevators of SJSC "Khlib Ukrajyny".  Harbor 
dues, payments for services rendered in ports, tr ansportation tariffs for exported gain, taxation 
conditions are the same for all grain exporters, incl uding SJSC "Khlib Ukrajyny".  This information 
can be added to the end of paragra ph 261 of the Working Party Report. 
Question 90 We suggest merging this section with the ea rlier section on state-owned and controlled 
enterprises. 
Answer:
 
It is preferred that these two sections re main separate for the following reasons: 
1. Not all state-owned enterprises are state trading entities; 
2. Private entities could be state trading entities; and 3. The purpose of this section is to describe the nature and scope of the state sector and the 
privatization process 
Question 91 
We propose the following commitment language: 
 263.   [The representative of the Ukraine confirmed that, from the date of accession, 
enterprises that are State-owned or controlled, and other enterprises with special or exclusive privileges, including those listed in paragraphs [34-41, 81, and 258-262], would make purchases of goods and se rvices, which were not intended for governmental use, 
and sales in international trade in accordan ce with commercial considerations, including 
price, quality, availability, marketability, and transportation, and would afford 
enterprises of other WTO Members adequa te opportunity in conformity with 
customary practice, to compete for such purcha ses or sales. Such enterprises would also 
act in conformity with other WTO provision s. He also confirmed that Ukraine would 
notify enterprises falling within the scope of the Understanding on Article XVII of 
GATT 1994 within one year of accession.   
Answer:
 
Ukraine accepts this text as a co mmitment language in paragraph 263. 
- Free zones, special economic areas 
Question 92 Paragraphs 269-270: We note that several dra ft laws amending the current FEZ regime have 
failed to be adopted by the Rada.  However, we ask for confirmation that Ukraine will ensure 
that its domestic legislation on free economic zo nes and priority development areas will be fully 
consistent with WTO provisions, including Article 3 of the SCM Agreement.  WT/ACC/UKR/137 
 Page 49 
 
 
  It is our understanding that Ukraine has no si ngle, clear law that reg ulates their FEZs.  How 
does Ukraine ensure that companie s do not use their FEZ status to avoid tax payments and 
import duties or that an excessive import dut y refund or rebate is not provided to eligible 
companies that locate in the export econom ic zones and priority development areas? 
Answer:  
The Law of Ukraine No. 2505 of 25 March 2005, "O n Introducing Changes to the Law of Ukraine 
"On State Budget of Ukraine for 2005" and Some Legi slative Acts of Ukraine" deleted Articles from 
Laws on the establishment and functioning of speci al economic zones and priority development 
territories (hereinafter referred to as SEZ and PDT) granting tax exemptions and preferential customs treatment to business entities implementing investment projects in these territories.  Therefore, after 
31 March 2005, these entities are taxed on general grounds stipulated by tax laws of Ukraine. 
To minimize negative effects of abolishing th e tax exemptions of business entities implementing 
export-oriented investment projects related to  the processing of goods in SEZ, the Cabinet of 
Ministers of Ukraine approved Resolution No. 1119 of 30 November 2005 "Certain Issues of 
Bringing (Sending) Goods to Special (Free) Economic Zones and Bringing Goods Outside Their 
Boundaries" stipulating the provision by business entities to customs bodies of promissory notes for 
the amount of import duty and VAT maturing in 90 days upon imports of goods (except for excisable goods and 1 – 24 Group goods in accordance with Uk rainian Classification of  Goods Involved in 
Foreign Trade Activity) for processing  within the framework of investment projects, provided that 
100 per cent of manufactured products are expor ted without the right to re-import.  
The Ministry of Economy has prepared the draft la w on certain issues of carrying out an investment 
activity in the customs territory of Ukraine and in troducing changes to some laws of tax Ukraine and 
is working on it together with other central execu tive authorities.  The draft law intends to regulate 
legal and organization grounds for implementing export-oriented investment projects in Ukraine 
related to the processing of goods in the customs territory of Ukraine.  
Question 93 
Please confirm that Ukraine's incentives with respect to exemptions from import duties are 
consistent with Annex II and Annex III of the SCM Agreement, specifically the requirement that inputs exempted from import duties must be consumed in the production of the exported product. 
Answer:
 
Ukraine does not maintain any policy where inputs exempted from import duties must be consumed in 
the production of exported products. 
Question 94 
Paragraph 274:  Is Ukraine prepared to take this  commitment?  If not, could Ukraine explain?  
What are the current rules for application of tariffs and domestic taxes for FEZ-produced 
goods entering the rest of Ukraine? 
Answer:  
Ukraine accepts the commitment in paragraph 274. WT/ACC/UKR/137 
Page 50  
 
  - Government-mandated counter-trade and barter 
Question 95 Are barter imports subject to normal import requi rements, tariffs, and taxes?  If so, this should 
be reflected in the text. 
Answer:
 
Ukraine confirms that barter imports are subject to the same customs duties, fees and charges, and 
internal taxes as other like products imported into Ukrainian territory.  This has been re flected in the 
Draft Working Party Report-last sentence of paragraph 276. 
- Government procurement 
Question 96 
We thank Ukraine for its responses and its new information on how Ukraine arranges for 
government procurement.   
Please provide information for the Working Party text on the extent to which State-owned firms 
make use of the new Law on Procurement for their purchases or sales.  Is use of the law 
specifically limited to procurement for government  consumption for its own uses, or are there 
other purchases or sales for State purposes regulated by this law? 
Answer:  
The Law "On Procurement of Goods, Works, and Services" No. 1490-III as of 22 February 2000 
provides for a single government procurement system.  The Law regulated tendering procedures to be applied in public procurements financed by th e State budget and local-government budgets, as well as 
expenses of non-budget funds and credits secured by the Cabinet of Ministers.  Purchases for State 
needs were limited to the Governme nt's own consumption. State-owne d firms can not make use of the 
mechanism of this Law for their purchases or sales. 
Question 97 
We note the commitment language on joining th e Agreement on Government Procurement.  We 
look forward to the earliest possible initiation  of negotiations for Ukraine's membership in the 
Agreement. 
Answer:
 
Ukraine intends to start negotiations on the accessi on to the Government Procurement Agreement. 
upon WTO accession.  
- Trade in civil aircraft 
Question 98 
Ukraine has stated its commitment to join the Agreement on Trade in Civil Aircraft.  We 
request that, in the appropriate part of the Wo rking Party Report, Ukraine include information 
on their commitment to join the Info rmation Technology Agreement as well.  WT/ACC/UKR/137 
 Page 51 
 
 
  Answer:  
Ukraine agrees with this proposal. 
- Agricultural policies 
Question 99 We have provided questions on WT/ACC/SPEC/1/Re v.10, the tables on agricultural supports, 
and on WT/ACC/UKR/123, the Harmonization Plan on SPS, separately. 
It is clear that this section of the report will n eed review based on the ultimate disposition of 
recent legislation passed by Ukraine instituting new protective measures in this area and 
addressing the many WTO-inconsistent measures that have been enacted.  Ukraine is entitled to 
assist its farmers, and to protect its markets,  but must use WTO-consistent methods to do. 
The WTO incompatible provisions (production  quotas, minimal prices and maximum trade 
margins) of the Law on Milk and Dairy Pro ducts must be changed prior to accession.   
Answer:
  
The draft law on Amendments to the Law on Milk a nd Dairy Products is under consideration in the 
Verkhovna Rada of Ukraine. 
Question 100 In addition, preferences provided to the stat e trading enterprises (Khlib Ukrainy, State 
Reserves, Agricultural Fund) in procurement a nd transportation of agricultural commodities 
mandated by the Orders of the Cabinet of Mini sters dated 29 July and 3 August 2005 must be 
eliminated.   
Answer:
  
In fact, pursuant to Resolution No. 295- р of the Cabinet of Ministers of Ukraine, dated 29 July 2005, 
"On Measures aimed to stabilize Pric es in the Grain Market and to ensure Grain Production without 
Losses" were special conditions established for State agents on the grain market.  However, in order 
to reinvigorate exports of grain, la ter there was passed Resolution No. 375- р of the Cabinet of 
Ministers of Ukraine on the 31  August 2005, whereby all entities operating on the grain market had 
equal conditions.   This R esolution repealed all rules and measures that were intended for the interests 
of State trading enterprises (in this case, for the St ate-owned enterprises "Joint Stock Company "Khlib 
Ukrainy"").  
The Government of Ukraine will comply with its laws and rules that regulate trading activities of 
State-owned enterprises and other enterprises, which are granted special or exclusive privileges, and 
will in general act in full compliance with the pr ovisions of the WTO Agreements, in particular 
Article XVII GATT 1994 and the Agreement on the Interp retation of this Article and Article VIII of 
the GATS, as well as Articles III and XI GATT 1994.   
Question 101 
The Cabinet of Ministers of Ukraine and th e Rada should amend the current VAT Law 
(Article 8-1) to provide for national treatment fo r imported food products, e.g. to  equalize the 
VAT tax burden with that applied to domestic products.   WT/ACC/UKR/137 
Page 52  
 
  Answer:
  
The institution of a special VAT co llection regime governed by the Law of Ukraine On Amendments 
to Certain Laws of Ukraine with Respect to Ta xation of Agricultural Enterprises and Maintaining 
Their Employees' Social Standards discriminati ng against imported agricultural produce in the 
meaning of Article III GATT has been postponed for 1 year until 1 January 2007 (Law of Ukraine On 
Amendments to the Law of Ukraine On Value Adde d Tax with Respect to Agricultural Enterprises). 
Question 102 
Ukrainian Customs Service must cease using internal orders to change international 
Harmonized Trade classification without notice and without regard to Ukraine's international 
obligations to the WCO and the WTO.  (We u nderstand that the Customs service last year 
changed the HS classification for salm on contrary to international norms). 
To verify our information, we ask Ukraine to provide copies of the following laws:  
− "On meat and meat products" (No. 8060);  
− "On Consumer Protection" (No. 8207); 
− "On Milk and Dairy Products" (part of Omnibus package No. 8322); and  
− "On State Regulation of Sugar Production and Sale. 
We also seek copies, as available, of other relevant laws that affect trade in agricultural 
products. 
Answer:   
Ukraine will make these copies available in due course. 
V. TRADE-RELATED INTELLECTUAL PROPERTY RÉGIME 
(b) Trademarks, including service marks (c) Geographical indications, including appellations of origin Question 103 
We thank Ukraine for providing the additional replies to questions in WT/ACC/UKR/127, 
WT/ACC/UKR/130 and WT/ACC/UKR/131, a nd the revised text contained in 
WT/ACC/SPEC/UKR/Rev.3. 
We note the improvements made in Ukraine's IPR regime since the last Working Party meeting.  
We have additional comments and questions, and have concerns about remaining deficiencies in Ukraine's trade-related intellectual property regim e, particularly in the area of enforcement, 
trademarks, including geographical indications and the protection of undisclosed information.  
We reserve the right to raise additional questio ns and comments based on your responses.   
We have received the draft Law "On the Prot ection of Rights to Trademarks, Geographic 
Indications and Trade Names" that is referred to in paragraphs 320 and 333 of WT/ACC/SPEC/UKR/5/Rev.3.   
We note that Article 2(1)(3) contains langua ge to the effect that where Ukrainian law and 
international agreements to which Ukraine is a member are different, the provisions of the 
respective international agreements shall prevail.  We note further that this does not repair or  WT/ACC/UKR/137 
 Page 53 
 
 
  otherwise excuse any TRIPS inconsistencies that may exist in the law.  While TRIPS sets out 
broad rules, it does not specify systems for implem entation of those concepts, as national laws 
do.  Therefore, by its nature, TRIPS cannot eas ily substitute for what may be inconsistent 
provisions of national law.  Thus, we expect th at Ukraine's laws, regulations and other measures 
will comply with and fully implement TRIPS provisions.  The response to the questions 
concerning well-known marks in paragraph 326 of WT/ACC/SPEC/UKR/5/Rev.3 does not 
answer our question.  As written in the Law On the Amendment of Certain Legislative Acts of 
Ukraine, and in keeping with the responses of th e GOU, in order to be recognized as a well-
known mark, the owner must petition the court,  make a case that the mark is well-known, and 
have the mark formally recognized as well-known and listed as such in order to be protected.  
This does not seem to have changed under Articles 22-24, as well as Article 10(1) of the draft 
Law "On the Protection of Rights to Trademar ks, Geographic Indications and Trade Names". 
The draft Law "On the Protection of Rights to  Trademarks, Geographic Indications and Trade 
Names" contrary to the TRIPS Agreement and Paris Convention requirements to protect well-
known marks whether registered or not, sets out a process that includes an application, official 
recognition, and placement on a list of well-known  marks.  These requirements are, in our view, 
a registration process. 
Answer:  
Pursuant to Article 22 of the draft Law of Ukra ine "On the Protection of Rights to Trademarks, 
Geographic Indications and Trade Names" (hereinafter referred to as, the "Draft Law"), which is part 
of the draft Law of Ukraine "On Amendments to Intellectual Property Laws", a trademark shall be 
recognized as well known in Ukraine by the A ppellate Chamber in observance of a procedure 
described in Article 24 hereof, or by court. 
Article 24 of the Draft Law provides for proce dures whereby trademarks are recognized as well 
known in Ukraine by the Appellate Chamber of th e State Department of Intellectual Property. 
Pursuant to Part 1 of Article 6 bis of the Paris Convention for the Protection of Industrial Property, the 
countries of the Union undertake, ex officio if their legislation so permits, or at the request of an 
interested party, to refuse or to cancel the registra tion, and to prohibit the use, of a trademark which 
constitutes a reproduction, an imitation, or a transl ation, liable to create confusion, of a mark 
considered by the competent authority of the country  of registration or use to be well known in that 
country. 
Hence, in order for a trademark to be consider ed as well known the competent authority of the 
respective country must consider such trademark to be well known, which is contemplated by the 
Draft Law. 
In this respect it should be noted that the Draft La w does not contain provisions  that would require the 
availability of mandatory registration of rights to a trademark through filing of an application with the 
institution in order to have such mark considered  to be well known in Ukraine.  Therefore, the 
trademark may be recognized as well known, irresp ective of the fact whether such trademark is 
registered or not. 
Besides, in order for the Appellate Chamber to be able to recognize a trademark as well known, an 
interested person must file a respective applica tion (rather than a petition), because otherwise the 
Appellate Chamber will have no grou nds for taking respective actions. 
The list of well-known trademarks referred to in Artic le 24 of the Draft Law has no status of a State 
registry, is used only for inform ation purposes and does not have an ything common with the process 
of State registration of rights to a trademark.   WT/ACC/UKR/137 
Page 54  
 
  Therefore, the provisions of the above referenced Articles of the Draft Law are in full compliance 
with Article 6 bis of the Paris Convention for the Protecti on of Industrial Propert y and Article 16 of 
the TRIPS Agreement. 
Question 104 
The National Treatment and MFN problem is not solved by the language proffered in 
paragraphs 320 and 333 of WT/ACC/SPEC/UKR/5/ Rev.3.  The language provides that for 
protecting geographical indications, it would not be "suitable for acquiring rights to the geographical indication if (i) the rights to such  a geographical indication were not protected in 
the said foreign state; and (ii) the laws of the fo reign state did not allow protections of rights to 
geographical indications in Ukraine".  While  these statements accurately describe the 
provisions of Article 28(7) of the draft Law "O n the Protection of Rights to Trademarks, 
Geographic Indications and Trade Names", those provisions do not provide national treatment 
to all WTO Members and thus also deny MFN t reatment to those members.  This problem is 
compounded under Article 32(5) of the draft Law "On the Protection of Rights to Trademarks, 
Geographic Indications and Trade Names", wh ich requires foreign applicants to submit 
documents showing "legal protection granted to the claimed geographic indication in a 
respective state", and "possession by a foreign  applicant of a right to use the claimed 
geographic indication". 
- A number of WTO Members do not have a separate system for the protection of 
geographical indications, but rather protect  geographical indications under other laws, 
such as those governing unfair competition or trademarks. 
- In addition, the Ukrainian law requires that  the geographical indications of Ukraine be 
protected as geographical indications in the foreign country, thus requiring reciprocity by requiring equivalent systems in order to gain protection. 
How would Ukraine protect geographical indica tions from a country that does not have a 
separate system of protection for geographical indications, but rather protects them through 
unfair competition laws or as trademarks? 
Answer:
 
Pursuant to Part 7 in Article 28 of the Draft Law:  An indication connected with a geographic location in a foreign state shall be deemed unfit 
for obtaining rights to a geographic indication as long as: 
  1) rights to this geographic indication are not protected in the respective foreign state; 
 2) laws of the respective foreign state do not make it possible to grant protection to the 
rights to a geographic indication of Ukraine. 
Article 24(9) of the TRIPS Agreement provides that there shall be no obligation under this Agreement 
to protect geographical indications which are not or cease to be protected in their country of origin.  
The Draft Law, in its clause 1 of Part 7 in Article 28, almost literally reiterates this requirement of the 
TRIPS Agreement. 
Pursuant to Article 22(2) of the TRIPS Agreement,  in respect of geographical indications, Members 
shall provide the legal means for interested parties to prevent any unfair use.  In this respect, such 
protection provides for no mandatory registration of rights to geographical indications.  This may be 
achieved through other legal means specified by a WTO Member.    WT/ACC/UKR/137 
 Page 55 
 
 
  Therefore, as all WTO Members are required to protect geographical indications of other WTO 
Members through any means against unfair use, the pr ovisions of clause 2 in Part 7 of Article 28 of 
the Draft Law will not hinder such Members from acquiring rights to geographical indications in Ukraine.  The Draft Law does not provide for conc luding bilateral agreements in order to protect 
geographical indications with WTO Members.  Howe ver, interested parties from countries, which are 
not WTO Members, may acquire rights to geographi cal indications in Ukraine and, consequently, 
these provisions of the Draft Law are expedient. 
In this respect it should be noted that clause 2 in Part 7 of Article 28 of the Draft Law provides for 
protections of rights to Ukrainian geographical indica tions in foreign states pursuant to the laws of 
such foreign states, rather than for the mandatory grant of such protections through registration of 
rights to geographical indications that exist in Ukraine.  The Draft Law does not contain such 
requirement.  That is, it does not require that there must be equivalent systems for protection of rights 
to geographical indications as a condition for obtaining such protection. 
These provisions are in full compliance with Articl es 3 and 4 of the TRIPS Agreement and Article 2 
of the Paris Convention for the Protection of Indus trial Property, as Ukraine will provide the same 
protections of rights to geographical indications to nationals of WTO Members as are provided to 
Ukrainian nationals. 
Pursuant to Part 2 in Article 3 of the Draft Law,  citizens of Ukraine, foreign persons as well as 
persons without citizenship shall enjoy equal righ ts and obligations as defined by this Law.  
Therefore, irrespective of what systems for the prot ection of rights to geographical indications exist in 
foreign states, in Ukraine there will be provided th e same protections of rights to the geographical 
indications as are provided to Ukrainian citizens. 
Proceeding from the foregoing, Ukraine will accept  such evidence of protection of rights to 
geographical indications in foreign states as is provided by the laws of such foreign states dealing 
with protections of geographical indications (certifi cates of registration of certification marks, other 
evidence). 
Part 5 in Article 32 of the Draft Law provides that foreign citizens and persons without citizenship 
residing or based outside of Ukraine shall, along w ith an application are required to submit documents 
attesting: 
- legal protection granted to the claimed geographic indication in a respective state; and 
- possession by a foreign applicant of a right to use the claimed geographic indication. 
Such requirements are fully compliant with Articles 3 and 4 and Article 24 (9) of the TRIPS 
Agreement, because Ukrainian applicants are also  required to provide a document confirming the 
production of goods specified in their applications.   
Question 105 
Please explain in more detail how the draft Law "On the Protection of Rights to Trademarks, 
Geographic Indications and Trade Names" will address the concerns noted in paragraphs 297 
and 298 of WT/ACC/SPEC/UKR/Rev.2. 
Specifically, Ukraine's requirement that an applicant for geographical indication (GI) 
protection must provide a government document pr oving the applicant's right to the GI in the 
country of origin could effectively be used to deny protection to countries that have a different system of protection for GIs than Ukraine's, su ch as unfair competition systems or trademark 
systems.   WT/ACC/UKR/137 
Page 56  
 
  Will Ukraine accept other evidence of protection in  the foreign country, such as a certification 
mark registration or other evidence of use and control of the term? 
Answer:
 
Ukraine will accept such evidence of protection of ri ghts to geographical indications in foreign states 
as is provided by the laws of such foreign states d ealing with protections of geographical indications 
(certificates of registration of certification marks, other evidence). 
Question 106 
National treatment and MFN may be further prejudiced by the provision in Article 29(1) of the 
draft Law "On the Protection of Rights to Trademarks, Geographic Indications and Trade 
Names", which sets out that "[r]ights to a geogra phical indication shall be obtained subject to 
their state registration following the proced ure set forth herein or based on respective 
international agreements of Ukraine." 
Is a bilateral agreement required in order to  protect foreign GIs in accordance with 
Article 29(1) of the draft Law "On the Protec tion of Rights to Trademarks, Geographic 
Indications and Trade Names"? If not, is a bi lateral agreement required in order to protect 
foreign GIs from countries that do not have a system similar to that of Ukraine for the 
protection of GIs? 
Our preferred option is to delete these requirements from the Law?  
Answer:  
The Draft Law does not provide for concluding bilate ral agreements in order to protect geographical 
indications with WTO Members. 
Question 107 It also appears that Ukraine does not afford the rights to trademark owners required by 
Article 16.1 of the TRIPS Agreement, in line wi th the findings of a recent WTO Panel Report 
concerning protection of trademarks and geographi cal indications for agricultural products and 
foodstuffs. 
With regard to the concern noted in paragra ph 329, Ukraine's law does not provide that the 
principles of priority and exclusivity a re preserved for trademarks and geographical 
indications.  The TRIPS Agreement Article 16.1 requires that owners of trademark rights established prior to a later applied for GI should be able to assert the exclusivity of the prior 
trademark rights.   
Based on our understanding of the WTO Pane l decision (WT/DS174), in order for a GI 
registration regime to be valid under TRIPS, coexis tence of a GI that conflicts (is confusingly 
similar to) with an earlier protected trad emark can only be allowed under very narrow 
circumstances.   
These circumstances require that a WTO member refuse registration of a GI if registration and 
use of the GI would lead to a likelihood of confusion.   
Consequently, Ukraine's law on GI's fails to comply with TRIPS by allowing a GI to be 
registered even if it conflicts with a prior tradem ark, and even if the conflict would result in a 
likelihood of confusion.    WT/ACC/UKR/137 
 Page 57 
 
 
  Article 27(1) of the draft Law "On the Prot ection of Rights to Trademarks, Geographic 
Indications and Trade Names" clearly mandates co existence between trademarks and GIs.  We 
do not believe that this is this consistent wi th TRIPS Article 16.1 and the WTO Panel decision. 
Further, Article 28(6)(7) provides that only we ll-known marks as recognized in the procedure 
set out under Articles 22-24 of the draft Law "On the Protection of Rights to Trademarks, 
Geographic Indications and Trade Names" can prevent the registration of a GI, if such 
registration would be misleading.  This exclud es all other trademarks from being able to 
exercise their rights of priority a nd exclusivity under TRIPS Article 16.1. 
This TRIPS inconsistency is made explicit in Article 29(4) of the draft Law "On the Protection 
of Rights to Trademarks, Geographic Indications and Trade Names", where it is clearly set out 
that "[r]egistration of rights to a geographic indication in Ukraine may not denied on the 
grounds of existence of rights to a trademark valid in Ukraine and consisting solely of the 
claimed geographic indication or containing it as its integral element, save for exception covered by Paragraph 7 of part 6 of Article 28".   
Answer:
 
Coexistence between trademarks and geographical  indications is contemplated by the TRIPS 
Agreement (Article 24 (5)), and, therefore, the provisi ons of Part 1 in Article 27 of the Draft Law are 
not inconsistent with the TRIPS Agreement. 
As regards Article 28 of the Draft Law, it should be no ted that at present the text of clause 7 in Part 6 
has been changed and restated as follows:  
 "6. The following indications shall not qualify for obtaining rights to a geographic 
indication: 
  7) which indication is identical to or such that may be confused with a 
 trademark, which trademark - on the date of filing of an application for 
 recognition of an indication as a geographical indication and use of the  geographical indication – has gained a reputation and data conditioned by the 
 impact of the factors listed in Article 23 of this Law, if using such indication 
 may mislead consumers as to the pe rson that manufactures goods, for which 
 rights to such a trademark have been acquired."  
Such wording is fully compliant with the require ments of Article 16(1) of the TRIPS Agreement. 
At the same time, as regards the WTO Panel decision referred to in the questions, we believe that the 
said WTO Panel decision is binding on the USA and the EU  as they were parties to the said dispute.  
So, Ukraine may not amend its laws based on the above referenced WTO Panel decision. 
Question 108 
Article 28 of the draft Law "On the Protect ion of Rights to Trademarks, Geographic 
Indications and Trade Names" discusses both "simple indications of origin of goods" and 
"qualified indications of origin of goods".   
- Please explain these terms.  How do these de finitions correspond with the definition of 
geographical indications in TRIPS Article 22.1?  WT/ACC/UKR/137 
Page 58  
 
  - How do the restrictions on protectable subject matter set out in Article 28(3) of the draft 
Law "On the Protection of Rights to Trademarks, Geographic Indications and Trade Names" relate to the definition of geog raphical indications in TRIPS Article 22.1? 
- How is TRIPS-level protection afforded to the entire range of GIs encompassed by the 
TRIPS definition?  
- How is each level of protection offered to both domestic and foreign GI owners? 
Answer:
 
The Draft Law contains no such terms as "simpl e indications of origin  of goods" and "qualified 
indications of origin of goods".  Such terms are contained in the currently effective Law of Ukraine 
"On Protection of Rights to Indications of Origin of Goods". 
The Draft Law contains a generally accepted term  contained in Article 22(1) of the TRIPS 
Agreement: "geographical indication". 
Pursuant to Part 1 of Article 28 of the Draft La w, the term "geographical indication" covers the 
following terms: the geographic indication of orig in of goods and the name of origin of goods. 
The geographical indication of origin of goods means the name of a geographic location (country, 
region or area within a certain country, or any othe r geographic object) and is used to identify a good 
originating from the given location and having a re putation and other characteristics predominantly 
ensuing from this geographic location, as well as which manufacture and/or extraction or processing of raw materials for which are carried out with in the boundaries of this geographic location. 
The name of origin of goods means the name of a geographic location used to indicate goods 
originating from this location and having specifi c characteristics exclusively or predominantly 
conditioned by this geographic location, including natural conditions or the human factor or a 
combination of both, which manufacture, extracti on and processing of raw materials for which are 
carried out within the boundaries of this geographic location. 
It means that the Draft Law contemplates stricter requirements for goods, for which the name of 
origin of goods is registered: the goods must  have specific characteristics exclusively or 
predominantly conditioned by this geographic loca tion, including natural conditions or the human 
factor. 
Requirements for goods, for which the geographical indi cation of origin of goods is registered, are 
less stricter: goods must have a reputation and othe r characteristics predomin antly ensuing from this 
geographic location. 
Such separation is not inconsistent with the defin ition of the geographical indication in Article 22(1) 
of the TRIPS Agreement.   
Under Article 60 of the draft Law "On the Pr otection of Rights to Trademarks, Geographic 
Indications and Trade Names," the Draft Law's ge neral class of "geographic indications" (which 
includes "geographic indication of origin of goods ," the Draft Law's counterpart to "geographical 
indications" as set out in the TRIPS Agreement) is protected from infringement. 
Pursuant to Article 3 of the Draft Law, citizen s of Ukraine, foreign persons, as well as persons 
without citizenship shall enjoy equal rights a nd obligations as defined by this Draft Law.  WT/ACC/UKR/137 
 Page 59 
 
 
  (h) Requirements on undisclosed information,  including trade secrets and test data 
Question 109 Article 39.3 of TRIPS provides that "Members, when requiring, as a condition of approving the 
marketing of pharmaceutical… products which ut ilize new chemical entities, the submission of 
undisclosed test or other data, the origination of which involves a considerable effort, shall 
protect such data against unfair commercial use".   
Paragraph 346: The Report should indicate that Ukraine will comply with Article 39.3 of the 
TRIPS Agreement by amending to its Law on Me dical Drugs and its laws and other applicable 
measures relating to agricultural chemical pr oducts.  We provide specific suggestions for a 
commitment in the Working Party report and wo uld welcome a further opportunity to discuss 
specific measures to implement the proposed commitment.   
In particular, that Ukraine would enact specific legislative provisions, prior to accession, that 
require the registration that require the regis tration authorities for pharmaceutical and 
agricultural chemical products to provide a peri od of protection against unfair commercial use, 
such as reliance on data produced by another person or entity, of at least [six] years for 
pharmaceuticals and [ten] years for agricultural chemical products for test data submitted, 
starting from the time the first marketing au thorization was granted for a specific product 
utilizing a new chemical entity in Ukraine.  During this period no person or entity (public or private) other than the person or entity who submitted such data shall be entitled, without the explicit consent of the person or entity who subm itted the data, to rely on or otherwise use such 
data in support of an application for product approval.  During this period, any subsequent 
applicant for marketing approval shall not be granted a market authorization, unless he 
submits his own data to the same extent as re quired from the first applicant for obtaining the 
marketing authorization in Ukraine for the part icular product.  Furthermore, Ukraine shall 
guarantee, during this period, the protection of  undisclosed informatio n except where necessary 
to protect the public or unless steps were taken to ensure that the data are protected against 
unfair commercial use.  The Working Party took note of these commitments. 
Answer:
 
Ukraine does not object to the following agreed wo rding of the commitment to the Working Party 
draft Report.  
[The representative of Ukraine c onfirmed that his government would,  in compliance with Article 39.3 
of the TRIPS Agreement, enact amendments to the Law on Medicines and the Law on Agricultural 
Chemicals providing that undisclosed informa tion submitted to obtain  marketing approval, 
i.e. registration, of pharmaceutical and agricultura l chemical products respectively would provide for 
a period of at least 5 years of protection against unf air commercial use starting from the date of grant 
of marketing approval, in Ukraine for pharmaceutic al products and 10 years for agricultural chemical 
products.   During these periods, no person or entity (pub lic or private), other than the person or entity 
who submitted such data, could with out the explicit consent of the person or entity who submitted the 
data, rely on such data in support of an appli cation for product approval/registration.  During this 
period any subsequent application for marketing approval or registra tion would not be granted, unless 
the subsequent applicant submitted his own data mee ting the same requirements as the first applicant. 
Furthermore, Ukraine would guarantee, during this  period, the protection of such data against 
disclosure, except where necessary to protect the pub lic or unless steps were taken to ensure that the 
data are protected against unfair commercial use. The Working Party took note of these 
commitments.] WT/ACC/UKR/137 
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  - Enforcement 
Question 110 The amendments to the Laser-Readable disk law were passed in July 2005, and went into force 
in August 2005.  These amendments relate to issues such as: 1) including a system for monitoring raw materials - optical grade polyca rbonate- for optical media production; 2) a 
clear obligation to engrave all manufacturing equipment and molds with SID Codes; 
3) expanded non-compliance penalties to in clude plant closures and deterrent criminal 
penalties; and 4) stronger enforcement authorit y to seize infringing machinery and product. 
Please provide an update on the implementation of the optical disc law and include information 
in the Working Party report on this Law.   
Answer:
 
In order to improve the legal protection of inte llectual property rights in respect of licensing of 
production, exportation (importation) of discs (CD- ROMs) and matrixes for their production, on 
6 July 2005 there was passed Law of Ukraine No . 2734-IV "On Amendments to Certain Legislative 
Acts of Ukraine" (in respect of Bringing Order to  Operations involving Production, Exportation and 
Importation of Laser-Readable Discs, Equipment a nd Raw Materials for their Production)".  The said 
Law amended the Law of Ukraine "On Specifics of State Regulation of the Activities of Business Entities Associated with Production, Export, and Import of Discs for Laser-Readable Systems, 
Matrixes" (hereinafter referred to as, the "Law").  Pursuant to the Law, as well as in accordance with 
Resolution No. 1304 of the Cabinet of Minister s of Ukraine, dated 30 December 2005, "On the 
Approval of Lists of Goods, whose Export and Impor t are subject to Licensing, and the Amount of 
Quotas for 2006", exports/imports of raw materials for production of discs for laser-reading systems, 
matrixes (optical polycarbonate) and equipment fo r production of discs for laser-reading systems and 
matrixes shall be subject to licensing by the centr al agency of executive power for economic policy 
affairs – the Ministry of Economy of Ukraine.   
Pursuant to Resolution No. 882 of the Cabinet of Mi nisters of Ukraine, dated 12 September 2005, "On 
Amendments to Resolution No. 623 of the Cabinet of  Ministers of Ukraine, dated 26 April 2003, "On 
the Approval of Procedures for Assignment and Affixation onto Laser-Readable Discs of Special 
Identification Codes and Recognition of Special Identification Codes affixed upon Imported Discs", 
each produced disc with recorded data is to be affixed with a press mold SID-code (a special 
identification code) and a matrix SID-code, which ensure identification of a producer of discs and 
matrixes, respectively; each produced disc without r ecorded data is to be affixed with a press mold 
SID-code, which ensures identification of a producer of discs; each produced matrix is to be affixed 
with a matrix SID-code, which ensures identif ication of the producer of such matrix. 
The Law contemplates the following measures for violations of the requirements set forth therein:  a) imposition of financial sanctions in the form  of fines upon violators (Order No. 514 of the 
Ministry of Education and Science of Ukraine, dated  6 September 2005); and 
b)  restriction on, temporary prohibition of ac tivities of business entities; revocation of licenses 
for production of discs for laser-reading system s, matrixes; suspension of a license for 
production of discs for laser-reading systems, ma trixes; sealing and/or seizure of discs for 
laser-reading systems, matrixes, as well as equi pment and raw materials for their production 
(Resolution No. 881 of the Cabinet of Minister s of Ukraine, dated 12 September 2005).   
Strict criminal punishment is also contemplated fo r the illegal production, expo rt, import, storage, sale 
and shipment of discs for laser-reading systems, matrixes, equipment and raw materials for their 
production, if such committed acts involve larg e amounts (i.e. when the value of discs for  WT/ACC/UKR/137 
 Page 61 
 
 
  laser-reading systems, matrixes, equipment and raw materials for their production exceeds 20 and 
more times the amount of the non-taxed minimum citizens' income), which will be punished by 
penalty in the amount ranging from 1,000 to 5,000 non-taxed minimum citizens' incomes or by correctional works for a term of up to 2 years, or by imprisonment for the same term, subject to seizure and destruction of discs for laser-reading sy stems, matrixes, equipment and raw materials for 
their production (Article 2031 of the Criminal Code  of Ukraine).  The same committed acts involving 
especially large amounts (i.e. when the value of di scs for laser-reading systems, matrixes, equipment 
and raw materials for their production exceeds 100 and more times the amount of the non-taxed 
minimum citizens' income), shall be punished by imprisonment for a term ranging from 2 to 5 years, 
subject to seizure and destruction of discs for la ser-reading systems, matrixes, equipment and raw 
materials for their production.   
Pursuant to paragraph 2 in Part  4 of Article 52 of the Law of Ukraine "On Copyright and Related 
Rights", seized counterfeit copies of works (incl uding software applications and databases), 
phonograms, videograms, broadcasting programs may, at a request of the holder of copyright and (or) related rights whose rights have been violated, be tr ansferred to such holder pursuant to a decision of 
the court.  If the said holder does not demand su ch a transfer, the counterfeit copies must be 
destroyed, and materials and equipment used for re production of the counterfeit  copies are to be sold, 
with the proceeds from such sale being transferred to the State Budget of Ukraine. 
Specifically, destroying of products manufactured in violation of law is contemplated in the 
Resolution on Procedures for Storage and Destroying of Unlabelled Copies of Audiovisual Works, Phonograms, Videograms, Software Applications and Databases, as approved by Resolution No. 1555 
of the Cabinet of Ministers of Ukraine, dated 13 Oct ober 2000.  In particular, it is contemplated that 
the unlabelled copies of audiovisual works, phonogr ams, videograms, software applications and 
databases, with respect to which the court decisions on their seizure have entered into force, shall be 
destroyed by bodies of the State Enforcement Service. 
Question 111 
On 17 January 2006, the Ukrainian Rada passed in  the first reading bill No. 8068 Amendments 
to Criminal Code of Ukraine, which extends st ronger criminal sanctions to  software, data bases, 
cassette tapes.   Please provide an update on the stat us of further legislative approval of this bill.   
Answer:
 
Draft Law No. 8068 "On Amendments to the Criminal  Code of Ukraine (in respect of protection of 
intellectual property rights) was adopted on 9 February  2006 in the second reading in its entirety.  At 
present, this draft Law has been sent to the President of Ukraine for signing.  Pursuant to the Law, the 
amount of financial losses that trigger commencemen t of criminal proceedings has been reduced from 
two hundred (UAH 35 thousand) to twenty ( UAH 3.5 thousand) non-taxed minimum citizens' 
incomes, and criminal punishment has been establi shed in the form of imprisonment for a term 
ranging from 3 to 6 years for commitment of crimes by an organized crime group in the said area.   
Question 112 Paragraph 350: The Report provides that "[a]s for audiovisual piracy, he said that the increase 
in the number of hologram marks issued (5 milli on more than in 2003) testified to the gradual 
increase in the share of licensed audio/video produc tion in Ukraine.  Please provide information 
on efforts to combat the counterfeiting of hologram marks. WT/ACC/UKR/137 
Page 62  
 
  Answer:
 
Hologram marks, which protect products containing objects subject to copyright and related rights, 
have multi-level degrees of protection, which make it  almost impossible to counterfeit such hologram 
marks.  In addition, the hologram marks themsel ves are rather cheap and have no impact upon the 
price of the products.  Thus, cases of the counterfe iting of hologram marks have been infrequent up to 
date. 
Question 113 
Paragraph 352: Please provide an update on the referenced anti-smuggling program in 2005. 
Answer:  
As a result of efforts undertaken during 2005, ther e were uncovered 483 crimes (which is 30 per cent 
more than in 2004), relating to infringeme nts upon intellectual property rights, including 298 
infringements directly involving facts of violations of copyright and related rights, 115 infringements 
involving facts of illegal turnover of discs for laser-reading systems, 50 infringements involving facts of illegal use of marks for goods an services.   I nvestigations of 138 cases involving the crimes were 
completed, and such cases with indictments have been sent to court for trial.   
5,107 administrative protocols were drawn in respect  of facts of distribution of audiovisual cassettes 
and compact discs without hologram control marks.  194 thousand videocassettes, 69 thousand audiocassettes and 849 thousand compact discs (in a ggregate, 1,112,000 articles) for the total value 
exceeding UAH 15 million, and counterfeited products ille gally using  trademarks for the total value 
of UAH 3.9 million were seized from violators. 
Activities of 79 clandestine manufactories, which we re engaged in production of various types of 
counterfeit products, out of which 32 manufactories were engaged in prod uction of counterfeit 
audiovisual products, and 47 manufactories were enga ged in production of falsified products, were 
terminated. 
During 2005, customs authorities seized 330,938 discs for the amount exceeding UAH 7.4 million and 
prevented 59 attempts to ship 5,459 audio and video products for the total amount exceeding UAH 
60,000.   
In 2005, compact discs were seized by customs aut horities at the Ukrainian-Polish, Ukrainian-Russian 
and Ukrainian-Hungarian border sections. 
Question 114 
Paragraph 356: The report provides that "[h]e ad ded that current Ukrainian legislation did not 
lay down any procedure for the destruction of co unterfeit goods.  The execution of a court order 
to destroy counterfeit goods was assigned to the State Executors' Servi ce."  Please provide 
information on whether the civil, administrative or customs code provides for the destruction of 
infringing articles.  With regard to the production of infringing optical discs, please provide information on the authority to order the destru ction of optical discs, matrices, equipment and 
raw materials used in their manufacture in civil, administrative and customs cases. 
Answer:
 
Pursuant to paragraph 2 in Part  4 of Article 52 of the Law of Ukraine "On Copyright and Related 
Rights", seized counterfeit copies of works (incl uding software applications and databases), 
phonograms, videograms, broadcasting programs may, at a request of the holder of copyright and (or)  WT/ACC/UKR/137 
 Page 63 
 
 
  related rights whose rights have been violated, be tr ansferred to such holder pursuant to a decision of 
the court.  If the said holder does not demand su ch a transfer, the counterfeit copies must be 
destroyed, and materials and equipment used for re production of the counterfeit  copies are to be sold, 
with the proceeds from such sale being transferred to the State Budget of Ukraine. 
Specifically, destroying of products manufactured in violation of law is contemplated in the 
Resolution on Procedures for Storage and Destroying of Unlabelled Copies of Audiovisual Works, 
Phonograms, Videograms, Software Applications and Databases, as approved by Resolution No. 1555 
of the Cabinet of Ministers of Ukraine, dated 13 Oct ober 2000.  In particular, it is contemplated that 
the unlabelled copies of audiovisual works, phonogr ams, videograms, software applications and 
databases, with respect to which the court decisions on their seizure have entered into force, shall be 
destroyed by bodies of the State Enforcement Service. 
Question 115 
Paragraph 357-358: The Report indicates in pa ragraph 357 that "[a]pplicable provisional 
measures could include inspection of the premises where infringing activities were believed to be taking place, and seizure of assets." Paragraph 358 refers to amendments made to the Code of 
Civil Proceedings in May 2003.  The report provi des that "[s]uch preventive measures might 
include inspection of premises where activities re lated to such right infringement were taking 
place, and the attachment of property in possession of the person in regard to whom the preventive measures were being taken (Article 62²)."  Have the courts issued such interim orders in infringement cases? Has property been a ttached? Is this action limited to products in 
the actual possession of the person named in the Order? Would all infringing product in a 
warehouse owned by a company be subject to attachment? 
Answer:
 
Pursuant to effective Ukrainian law, in the course of inspection of premises, in which the counterfeit 
audiovisual products are located, law enforcement agencies seize such products, having in advance 
obtained a court permit therefore.  As a rule, all products stored at the time of the inspection are 
seized. 
In the course of proceedings in administrative cases, officers of internal affairs agencies, tax militia 
and State inspectors for intellectual property affa irs seize counterfeit products and goods without a 
court sanction, which sanction is not contemplated for such situations by the Code of Ukraine on 
Administrative Violations. 
Question 116 
Paragraphs 360-363 (Questio n 67 of WT/ACC/UKR/131): 
It is stated that Ukraine will establish judicial  procedures to allow ri ghts holders to preserve 
evidence in case of allegation of intellectual property right infringement.  Please provide details on when these procedures will be established, and timing of enactment.  Further, please provide 
information on what part(s) of Ukraine's current laws will be amended to add such procedures 
(Civil Procedural Code, Economic  (Commercial) Procedural Code , Criminal Procedural Code, 
etc.). 
It is stated that "[t]hose measures shall be ta ken, if necessary without the other party having 
been heard, in particular where any delay was likely to cause irreparable harm to the right 
holder or where there was a demonstrable risk of evidence being destroyed."  Please provide information on whether the ability to obtain interi m relief inaudita altera parte currently exists 
under Ukrainian law or if a judicial procedure will be established. WT/ACC/UKR/137 
Page 64  
 
  Answer:
 
The possibility of obtaining " interim  relief inaudita altera parte " is contemplated by the Civil 
Procedural Code of Ukraine. 
Part 4 of Article 151 of the Civil Procedural Code provides for a right of an interested party to file a 
petition with the court, requesting to secure the acti on prior to filing a letter of claim, in order to 
prevent infringements upon intellectual property righ ts.  The petition for securing the action must be 
attached with documents and other evidence that conf irm that it is the petitioner that is a holder of the 
concerned intellectual property right, and that the ri ghts of such petitioner may be infringed upon if no 
measures to secure the action have been undertaken.  Pursuant to Part 1 of Article 153 of the Civil 
Procedural Code, such petition shall be reviewed by the court that considers the action on the date 
such petition is filed, without notification of the respo ndent or other persons taki ng part in the action.   
Question 117 
Paragraph 369: It is stated that the registry maintained by the State Customs Service only 
contains 67 products/goods.  This figure appears in ordinately low.  Please confirm that only 67 
different trademarks and/or copyrights held by foreign or Ukrainian rights holders have been 
registered with State Customs Service. 
It is stated that access to the Customs registry is limited and reserved to specially authorized 
officials of the customs body.  Please address th e concern that limiting Customs officials access 
to the registry may impede the efficacy of border enforcement against infringing goods.  Is the registry available to Customs officials in the field? 
Answer:
 
As of 20 February 2006, the registry, which is main tained by the State Customs Service pursuant to 
clause 6 of the Regulation on Procedures for Registration and Carriage through Ukraine's Customs Border of Goods containing Objects of Intellect ual Property Rights, contai ns 119 products/goods, the 
rights to which are held both by Ukrainian and foreign producers.  For the period from 
20 November 2001 until 20 February 2006, registra tions of 26 products/goods had been annulled for 
various reasons.   Thus, as of 20 February 2006 the customs authorities control shipments through 
Ukraine's customs border of 92 products/goods containing objects of intellectual property rights, which products/goods are included into the Customs registry.   
An application for recording a product containing objects of intellectual property rights into the 
Customs registry shall be filed by a rightholder or its representative with the central headquarters of 
the State Customs Service.   The registry is mainta ined in electronic form with the use of a specially 
designed software package of the State Customs Se rvice, and satellite communications allow customs 
authorities to receive information on products/goods that are recorded into the registry as on the date 
of registration thereof.  Specially authorized o fficers of customs authorities, who work in customs 
clearance divisions, have access to the registry.   
Question 118 
Paragraph 370: It is stated that storage fees for goods at customs warehouses has been fixed in 
Resolution of the Cabinet of Ministers No. 65 of  27 January 1997.  Please provide information 
on how costs are established under the Resoluti on.  Also, please provide a copy of this 
Resolution in English.  WT/ACC/UKR/137 
 Page 65 
 
 
  Answer:  
The text of the Resolution referred has al ready been provided to the Secretariat. 
Question 119 
Paragraph 371: It is stated that the inform ation regarding the quantity and category of goods 
suspended by Customs was classified.  Please pr ovide details on whether this confidentiality 
requirements still in place, and how such susp ension procedures are being implemented to 
safeguard against their abuse, as required by Article 41(1) of TRIPS.  The report states that "[t]he customs bodies had not received any court decisions on the seizure of counterfeit goods as 
of 1 July 2003." Has Customs received a court decision since 1 July 2003? 
Answer:
 
At present, procedures of customs clearance may be  suspended by customs authorities pursuant to the 
requirements set forth in Article 257 of the Cust oms Code and Clause 25 of the Regulation, as 
approved by Resolution No. 412 of the Cabinet of Mini sters of Ukraine, dated 28 April 2001, i.e. as to 
the goods, in respect of which there is suspicion th at they are counterfeit.  Customs authorities do not 
seize such goods, but only suspend their customs clea rance.  Pursuant to requirements of Ukrainian 
law, decisions to seize goods may be taken by a cour t.  If a decision to seize goods is taken, the goods 
that are subject to seizure are to be transferred to the State Enforcement Service subordinated to the 
Ministry of Justice of Ukraine.   
Question 120 
Paragraph 372: Please indicate whether the dra ft amendments to the Customs Code provide for 
ex officio authority and if so the particular amendment. 
Answer:  
The State Customs Service of Ukraine prepared a draft Law "On Amendments to the Customs Code 
of Ukraine", which draft relates to the protection of  intellectual property rights at the time of carriage 
of goods through the customs border Ukraine.  In particular, this draft Law introduces amendments, 
which provide that customs authorities may take actions within limits of their powers against 
suspected infringers of intellectual property rights. 
Also please note that Part 2 of Article 78 of th e Law of Ukraine, dated 20 December 2005, under 
No. 3235-IV, "On the State Budget of Ukraine for 2 006", provides that the Customs Code of Ukraine 
shall enter into force as from the 1 January 2004, except for Part 13 in Article 71, which shall enter 
into force as from the date of Ukraine's accession to the World Trade Organization.  Hence, provision 
on collection of customs duties will lose their effect  as from the date of Ukraine's accession to the 
World Trade Organization. 
Question 121 
Paragraph 374: Reference is made to Article 176 of the Criminal Code, as amended, which 
contains a threshold for bringing cases that involve "substantial material damage".  Please provide information relating to the number of cases brought by prosecutors that have met the 
"substantial material damage" threshold in 2004 and 2005.  We note that Article 61 of TRIPS 
requires that criminal procedures and penalties be applied at least in cases of wilful trademark 
counterfeiting or copyright pira cy on a commercial scale.   WT/ACC/UKR/137 
Page 66  
 
  May police act ex officio in initiating intellectua l property cases without the need of a complaint 
from rights holders. 
Answer:
 
In 2004, Ukrainian agencies of in ternal affairs uncovered 311 crimes  covered by Article 176 of the 
Criminal Code of Ukraine.  In 2005, th is figure reduced and totals 298 crimes. 
Upon their own initiative, Ukrainian agencies of intern al affairs do not initiate proceedings in criminal 
cases involving infringements upon intellectual property rights. 
Question 122 
Questions on WT/ACC/UKR/123 Article 45 Damages:  
Article 432 of the Civil Code is referenced as p ermitting courts to apply a single monetary 
penalty instead of reimbursement for losses.  Plea se clarify how the single monetary penalty is 
calculated and in what circumstances it applies. 
Article 52(2)(d) of the Law of Ukraine on Copyright and Related Rights is referenced which 
provides for the "payment of compensation determin ed by court, in the amount of 10 to 50,000 
minimum salaries instead of reimbursement of lo sses or collection of income."  Please clarify 
whether this provision is a form of pre-established damages under TRIPS Article 45(2). 
Answer:
 
In accordance with the Civil Code of Ukraine, a court may rule to impose a one-time monetary fine 
instead of damages for the illegitimate use of the intellectual property rights object. Since the amount 
of damages must be proved, legislation of Ukrain e provides an opportunity to recover compensation 
in the form of a one-time monetary fine pursuant to the court decision. The amount of such 
compensation, in particular, in accordance with th e Law of Ukraine "On Copyright and Allied Rights" 
is 10 to 50000 minimum salaries. 
In determining the amount of compensation payabl e instead of damages or recovering income, the 
court takes into consideration the scope of vi olation and the intention of the defendant.  
Question 123 Article 46, Other Remedies: With regard to trad emark counterfeiting, please indicate whether 
judicial authorities have the authority to order goods found to be infringing to be disposed outside of the channels of comm erce or destroyed.  Please indi cate with regard to goods bearing 
a counterfeit trademark whether provisions exist for the disposal outside the channels of commerce of materials and implements, the predominant use of which was the creation of the 
infringing goods. 
Answer:
 
In accordance with the Civil Code of Ukra ine, the court may rule, in particular:  
- to apply immediate measures to prevent the violation of an intellectual property right and 
preserve relevant evidence;  WT/ACC/UKR/137 
 Page 67 
 
 
  - to stop the passage through the customs body of Ukraine of the goods that are imported or 
exported in violation of intellectual property rights; 
- to withdraw goods from civil circulation that have been manufactured or put into civil 
circulation in violation of intellectual property rights; 
- to withdraw materials and tools from civil circ ulation that were used mostly to manufacture 
goods in violation of intellectual property rights; 
- to apply a one-time monetary fine instead of compensating for damages caused by illegitimate 
use of an intellectual property right object; and 
- to publish information in the mass media about  a violation of an intellectual property right 
and the content of the court ruling regarding this violation.  
Responsibility for violations in the field of business is  stipulated in the Commercial Code of Ukraine 
pursuant to which the following types of business sanctions are applied: 
- compensating for damages; 
- penalties; and - operational and business sanctions. 
In accordance with Article 20 of the Law of Ukrain e "On the Protection of Rights to Marks for Goods 
and Services," the owner of the certificate for a mark may demand removing goods, their packaging, an illegitimately used mark or indication similar to such  an extent that it is likely to lead to confusion, 
or destroying manufactured images of a mark or indica tion similar to such an extent that it is likely to 
lead to confusion. 
Question 124 
Article 47, Right of Information: Please indicate if provisions exist with regard to goods bearing 
counterfeit trademarks relating to the authority of  courts to order the infringer to inform the 
right holder of the identity of third persons in volved in the production and distribution of 
counterfeit goods. 
Answer:
 
In accordance with the Civil Code of Ukraine, a court of law may rule, in particular, to publish 
information in the mass media about a violation of an  intellectual property right and the content of the 
court ruling regarding this violation.  
Question 125 
Article 51, Suspension of Release by Customs Authorities: Please clarify whether Customs have 
the authority to suspend the release of goods bein g exported out of Ukraine.  If the authority 
exists, do regulations exist governing action relating to exportations?  Does Customs take 
enforcement action relating to exportations und er Resolution of the Cabinet of Ministers of 
Ukraine No. 412 of 28 April 2001? 
Answer:  
Pursuant to the requirements of Article 257 of the Customs Code and pa ragraph 25 of Regulation 
No. 412 of 28 April 2001, approved by the Cabinet of Ministers of Ukraine, customs bodies suspend 
customs clearance procedures of an intellectual property rights object included in the Registry regarding which there are sufficient grounds to be lieve that its passage across the customs border of 
Ukraine is in violation of intellectual propert y rights. Passage is understood both as imports and 
exports (paragraph 2 of Article 1 of the Customs Code). WT/ACC/UKR/137 
Page 68  
 
  Such goods must be stored at customs warehouses for temporary storage. 
The decision to suspend customs clearance for 15 calendar days with the option of prolonging for 
another 15 days at the most shall be approved by  the Head of the customs body or his deputy. 
No later than the next working day after the da te of approving the decision to suspend customs 
clearance of goods, the customs body shall notify the relevant owner of the intellectual property rights 
of the fact of the passage across the customs bor der of Ukraine of these goods; it shall notify the 
declarant of the reasons for suspending customs cl earance and the name and address of the owner of 
intellectual property rights object. The notification to  the intellectual property rights owner shall have 
the following information: customs clearance of wh ich goods has been suspended, the customs value 
of these goods indicated by the decl arant, the name and address of the owner of the said goods as well 
as other necessary information. 
The owner of intellectual property rights to an object of intellectual property rights and the declarant, 
subject to permission of the customs body, may take tests and samples of the goods in respect of which the decision to suspend customs clearance  has been approved and subject them to an 
inspection. Copies of relevant expert opini ons shall be provided to the customs body. 
If during the terms indicated in part two of this Ar ticle, it is confirmed that the goods in respect of 
which the decision to suspend customs clearan ce has been approved are counterfeit goods, the 
customs body, in accordance with the procedure sti pulated by the Customs Code, shall institute 
proceedings for violating customs rules and the goods  – immediate violating objects – are confiscated 
in accordance with the procedure stipulated by the Code. 
If during the specified terms it was not confirmed th at the goods in respect of which the decision to 
suspend customs clearance has been approved are counterfeit, the goods shall be subject to customs 
clearance in accordance with the established procedure. 
Question 126 
Article 57, Right of Inspection and Information: Does the Customs Code provide for a right of 
inspection and information for an importer? 
Answer:
 
In accordance with Article 257 of the Customs Code , the owner of the rights to the intellectual 
property rights object and the declarant, subject to subject to permission of the customs body, may take tests and samples of the goods in respect of which the decision to su spend customs clearance has 
been approved and subject them to an inspection. 
In accordance with paragraph 5 of Article 1 of the Customs Code, the declarant is a legal entity or 
individual that declares goods and vehicles passing the customs border of Ukraine.  
Question 127 
Article 58, Ex Officio Action: Proposed amendm ents to Article 257 of the Customs Code are 
referenced.  Please clarify whether amendments to the law provide Customs the authority to 
suspend the release of goods withou t the requirement of an applicat ion to suspend the release of 
goods is contemplated?  (See question regarding paragraph 372, above).  Please provide an 
update on the status of government approval a nd submission to the Rada of these draft 
amendments.   WT/ACC/UKR/137 
 Page 69 
 
 
  Answer:  
The State Customs Service of Ukraine developed a draft law on introducing changes to the Customs 
Code relating to the protection of intellectual pr operty rights in carrying goods across the customs 
border of Ukraine.  The changes include, in particul ar, the provision of the right to customs bodies to 
suspend customs clearance of goods on one's own the initiative if the goods are carried across the 
customs border of Ukraine in respect of which no application to protect intellectual property rights 
have been filed, but there are sufficient grounds to believe that during the passage of such goods the 
rights to the intellectual rights object may be violat ed (ex officio actions are applied stipulate by 
Article 58 of the TRIPS Agreement). 
Question 128 
Article 59, Remedies: Please clarify whether the law provides for the destruction of counterfeit 
and piratical goods and if so pl ease reference the article.   
Answer:  
The rules of the current Customs Code and the draf t law on introducing changes to the Customs Code 
relating to the protection of intellectual property rights in carrying goods across the customs border of 
Ukraine do not provide for actions of customs bodies regarding the destruction of counterfeit and 
pirated goods. 
At the same time, the Article 257 of the draft Law "On Introduction of Changes to the Customs Code 
of Ukraine (With Regard to Intellectual Property Right Protection In Course of Movement of Goods 
across the Customs Border of Ukraine)" stipulates th at the procedure for disposal of infringing goods 
shall be established by the Cabinet of Ministers. 
- TRANSPARENCY Question 129 We are very impressed with Ukraine's presentation  on its transparency framework.  We note 
the draft commitment language in paragraph 397of WT/ACC/SPEC/UKR/5/Rev.3, and we urge 
support for establishment of such a transparency mechanism. 
- TRADE AGREEMENTS 
We note the bracketed commitment language and urge adoption of the second text. 
Answer:
 
Ukraine takes note of this proposal.  
  WT/ACC/UKR/137 
Page 70 ANNEX I 
Table 4:  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 Authorities of the executive 
power which effectuate 
regulation Normative Acts/ period of application (if applicable) 
12.12.91 Sugar beets Approval of minimum 
prices (support prices) The Cabinet of Ministers of 
Ukraine The Law of Ukraine "On State Regulation of Sugar 
Production and Sale," No. 758-XIV, dated 17 June 1999, and 
Resolutions of the Cabinet of Ministers of Ukraine (hereinafter the "CMU") "O n Certain Issues of State 
Regulation of Sugar Production and Sale," No. 868, dated 
2 June 2000 "Certain Issues of State Regulation of Sugar Production and Sale," No. 142, dated 15 February 2002, and 
"On State Regulation of Sugar Production and Sale of," 
No. 1977, dated 25 December 2002. 
0402.29 11 Profitability caps and trade 
mark-ups for preparations of 
infant nutrition Establishment of 
profitability caps and 
trade mark-ups The Council of Ministers of 
the Autonomous Republic of 
Crimea, oblast, the Kyiv and 
Sevastopol City State Administrations The Resolution of the CMU "On Establishment of Powers of 
the Executive Power Authorities and Executive Authorities of 
City Councils Regarding Price (Tariff) Regulations," 
No. 1548, dated 25 December 19 96, and normative documents 
of local authorities. 
  Trade mark-ups for medicines 
and produce of medical purposes 
mentioned in the list of domestic 
and imported medicines and 
produce for medical purpose, prices of which are subject to 
state regulation Establishment of trade 
mark-ups The Council of Ministers of 
the Autonomous Republic of 
Crimea, oblast, the Kyiv and 
Sevastopol City State 
Administrations The Resolution of the CMU "On Establishment of Powers of 
the Executive Power Authorities and Executive Authorities of 
City Councils Regarding Price (Tariff) Regulations," 
No. 1548, dated 25 December 19 96, and normative documents 
of local authorities. 
1001, 1002, 1003, 1004, 1005, 1008 Common wheat; rye; barley; 
oats; maize (corn); buckwheat Pledged price
1 The Cabinet of Ministers of 
Ukraine The Resolution of the CMU "On measures on executing 
pledged operations with grain of the 2004 year harvest", No. 625, dated 12 March 2004. 
                                                      
1 Price guaranteed by the State for the purc hase of grain from agricultural producers fo r a certain period of time, as set in an  agreement, at pledged prices.  During the 
agreed period, the producers retain the right to withdraw the grai n in order to be able to sell it later at higher market price s.  
   WT/ACC/UKR/137
 Page 71Codes of 
Goods Description of goods prices 
(tariffs) which are subject to 
state regulation Form or nature of price 
regulation Authorities of the executive 
power which effectuate 
regulation Normative Acts/ period of application (if applicable) 
17.01.99  Sugar produced from sugar beet 
in Ukraine within the A quota Approval of minimum 
prices  
(support prices) The Cabinet of Ministers of 
Ukraine The Law of Ukraine "On State Regulation of Sugar 
Production and Sale," No. 758-XIV, dated 17 June 1999, and 
Resolutions of the Cabinet of Ministers of Ukraine 
(hereinafter the "CMU") "O n Certain Issues of State 
Regulation of Sugar Production and Sale," No. 868, dated 
2 June 2000 "Certain Issues of State Regulation of Sugar 
Production and Sale," No. 142, dated 15 February 2002, and "On State Regulation of Sugar Production and Sale of," 
No. 1977, dated 25 December 2002. 
2701-2710 Prices on fuel-energy resources 
(coal, coal briquettes, common stove fuel, burning kerosene, 
fuel peat, firewood, peat 
briquettes and compressed gas) supplied to population for 
domestic (home) needs Establishment of prices 
and profitability caps or declaration The Council of Ministers of 
the Autonomous Republic of Crimea, oblast, the Kyiv and 
Sevastopol City State 
Administrations The Resolution of the CMU "On Establishment of Powers of 
the Executive Power Authorities and Executive Authorities of City Councils Regarding Price (Tariff) Regulations," 
No. 1548, dated 25 December 19 96, and normative documents 
of local authorities. 
2711 Wholesale price caps of 
enterprises for natural gas used 
for needs of population and 
budget organizations  Establishment of 
wholesale price caps The National Commission 
for Regulation of Electricity The Resolution of the CMU "On Establishment of Powers of 
the Executive Power Authorities and Executive Authorities of 
City Councils Regarding Price (Tariff) Regulations," 
No. 1548, dated 25 December 19 96, and the Resolution of the 
NCRE "On the Approval of Wh olesale Price Caps on the 
Natural Gas Used for Needs of Population, and Tariffs on 
Services on Transportation and Distribution of the Natural Gas to Consumers of Ukraine," No. 337, dated 18 March 1999. 
 Retail prices of natural gas used 
for needs of population and 
industrial consumers Establishment of retail 
prices The National Commission 
for Regulation of Electricity The Resolution of the CMU "On Establishment of Powers of 
the Executive Power Authorities and Executive Authorities of 
City Councils Regarding Price (Tariff) Regulations," No. 1548, dated 25 December 19 96, and the Resolution of the 
NCRE "On Retail Prices on the Natural Gas Used by 
Population for Communal-General Needs," No. 310, dated 10 March 1999.  
Resolution of the National Commission for Regulation of 
Electricity No. 176 of 16 February 2006 "On Approval of Marginal Levels of Prices of Natural Gas for Industrial 
Producers"  
  WT/ACC/UKR/137 
Page 72 Codes of 
Goods Description of goods prices 
(tariffs) which are subject to 
state regulation Form or nature of price 
regulation Authorities of the executive 
power which effectuate 
regulation Normative Acts/ period of application (if applicable) 
2716 Tariffs on electricity supplied to 
the population for domestic 
(home) and indust rial consumers Establishment of retail 
tariffs The National Commission 
for Regulation of Electricity The Resolution of the CMU "On Establishment of Powers of 
the Executive Power Authorities and Executive Authorities of 
City Councils Regarding Price (Tariff) Regulations," 
No. 1548, dated 25 December 19 96, and the Resolution of the 
National Commission for Regulation of Electricity 
(hereinafter the "NCRE") "On Ta riffs on Electricity Supplied 
to Population and Populated Areas," No. 309, dated 10 March 1999. 
Resolution of the National Commission for Regulation of 
Electricity No. 707 of 26 September 2005. 
4901-4911 Norm of production profitability 
(in the amount of 15%) in case 
of issuance of printed material at 
the expense of the state budget and delivery of such material to 
consumers (norm of profitability 
in the amount of 5%) Establishment of 
profitability norms  It is established by the 
Ministry of Education and 
Science of Ukraine, 
Derzhkomteleradio (State Committee for Television 
and Radio of Ukraine) and 
other central authorities of 
the executive power, which 
place state order on issuance of printed produce The Resolution of the CMU "On Establishment of Powers of 
the Executive Power Authorities and Executive Authorities of 
City Councils Regarding Price (Tariff) Regulations," 
No. 1548, dated 25 December 1996. 
70.10 
ex 
7010.1000 7010.2000 Deposit prices on glass tare 
purchased from population Establishment of the 
fixed and minimum 
prices or deposit price caps The Council of Ministers of 
the Autonomous Republic of 
Crimea, oblast, the Kyiv and Sevastopol City State 
Administrations The Resolution of the CMU "On Establishment of Powers of 
the Executive Power Authorities and Executive Authorities of 
City Councils Regarding Price (Tariff) Regulations," No. 1548, dated 25 December 19 96, and normative documents 
of local authorities. 
9021 Prices on prosthetic and 
orthopedic appliances and technical means for preventive 
measures as to disablement and 
rehabilitation Establishment of price The Ministry of Labour of 
Ukraine The Resolution of the CMU "On Establishment of Powers of 
the Executive Power Authorities and Executive Authorities of City Councils Regarding Price (Tariff) Regulations," 
No. 1548, dated 25 December 1996. 
  Prices on products of hunting, 
including wild fowl supplied for 
export Establishment of price Derzhkomlisgosp (State 
Committee for Forestry of 
Ukraine) in agreement with 
the Ministry of Economy of Ukraine for all users of 
hunting grounds The Resolution of the CMU "On Establishment of Powers of 
the Executive Power Authorities and Executive Authorities of 
City Councils Regarding Price (Tariff) Regulations," 
No. 1548, dated 25 December 1996.  
   WT/ACC/UKR/137
 Page 73Codes of 
Goods Description of goods prices 
(tariffs) which are subject to 
state regulation Form or nature of price 
regulation Authorities of the executive 
power which effectuate 
regulation Normative Acts/ period of application (if applicable) 
  Prices on hunting trophies 
obtained by foreign citizens Establishment of price 
caps Derzhkomlisgosp in 
agreement with the Ministry 
of Economy of Ukraine The Resolution of the CMU "On Establishment of Powers of 
the Executive Power Authorities and Executive Authorities of 
City Councils Regarding Price (Tariff) Regulations," 
No. 1548, dated 25 December 1996, and the Order of State Committee for Forestry of Ukrain e "On the Approval of Price 
Caps on Hunting Trophies Obtained by Foreign Citizens and 
Tariff Caps on Services Provid ed to such Citizens," No. 26, 
dated 28 February 2002. WT/ACC/UKR/137 
Page 74  
 
  ANNEX II 
Proposed Revisions to TBT Section (Paragraphs 224-241)
 
- Technical barriers to trade 
224. The representative of Ukraine said that th e principal laws governing standards, technical 
regulations and conformity assessment were th e Laws "On Standardization" No. 2408-III of 
17 May 2001, "On Conformity Assessment" No. 2 406-III of 17 May 2001, "On Accreditation of 
Conformity Assessment Bodies" No. 2407-III of 17  May 2001, and "On Me trology and Metrology 
Activity" No. 113/98 of 11 February 1998; and fo r mandatory product certification the Laws 
"On Protection of Consumer Rights", "On State Re gulation of Imports of Agricultural Products", 
"On Labour Protection", "On Quality and Safety of Foodstuffs and Raw Food", 
"On Communications", "On Highway Traffic", "On Tr ansport", "On Permissible Activity in the Area 
of Nuclear Energy Use", and "On Tourism".  He  provided a detailed comparison between Ukraine's 
basic legislation in this area and the provisions of the TBT Agreement in document 
WT/ACC/UKR/113, adding that the Supreme Rada ha d adopted the Law "On making amendments to 
the Law of Ukraine "On metrology and metrologi cal activity"" No. 1765-IV on 16 June 2004.  The 
Amendments did not contradict the principles of the WTO TBT Agreement and primarily introduced modern international terminology and principles in the area of metrology.  He added that the Law 
"On Veterinary Medicine" and the Cabinet of Ministers' Decrees "On Standardization and 
Certification" and "On State Supervision of Co mpliance with Standards, Norms and Rules, and 
Sanctions for Violations thereof" had been ame nded in February 2003 to eliminate duplication of 
supervisory and controlling functio ns in central agencies of executive power.  A new draft Law 
"On Standards, Technical Regulations and C onformity Assessment Procedures", which would 
supersede the Laws "On Conformity Assessment" an d "On Standardization", had been submitted to 
Parliament.  The Representative added that Ukraine's Law on Standards, Technical Regulations 
and Conformity Assessment No. 3164-IV was adop ted on 1 December 2005  and came into force 
in 11 January 2006.  The new Law introduced am endments to the Law "On Standardization" 
No. 2408-III of 17 May 2001 and the Law "O n Conformity Assessment" No. 2406-III of 
17 May 2001.  
225. Producers were responsible for the marking of their products, and imported goods which did 
not comply with marking requirements could not be so ld in Ukraine.  Requirements were specified in 
the Laws "On Protection of Consumer Rights", "On Quality and Safety of Foodstuffs and Raw Food" 
and "On State Regulation of Production and Turn over of Ethyl Alcohol, Cognac and Fruit Alcohol, 
Alcoholic Beverages and Tobacco Products".  The Department of Consumer Protection within the 
State Committee of Ukraine for Technical Regul ation and Consumer Polic y (Derzhspozhyvstandart) 
supervised the compliance with marking requirement s through random inspections at the retail level.  
Producers and importers of special dietary food product s had to obtain the consent of the Ministry of 
Health.   
226. The State Committee of Ukraine for T echnical Regulation a nd Consumer Policy 
(Derzhspozhyvstandart) was the central body of execu tive power in the area of standardization and 
technical regulation as well as a specially authorized  central body of executive power in the area of 
conformity assessment.  The Committee developed and implemented the policy of Ukraine in these 
areas.  In the area of standardization, Ukraine's forthcoming draft legislation would ensure that priority consideration would be given to rele vant international standards, guidelines and 
recommendations as a basis for Ukraine's own sta ndards, technical regulations and associated 
conformity assessment procedures.  According to paragraph 2 of Article 8 of the Law on 
Standards, Technical Regulations and Conformity  Assessment Procedures, priority should be 
given to international standards in the de velopment and application of standards.  He noted that  WT/ACC/UKR/137 
 Page 75 
 
 
  approximately 80 per cent of the 1,314 national sta ndards adopted during 2001-2003 were identical to 
international standards.  In all, some 2,600 harmoni zed standards were in effect in July 2005, and he 
estimated that around 8,000 standards would need to be implemented in Ukraine.   
227. Concerning technical regulations and conform ity assessment, he noted that Ukraine operated 
a State certification system (UkrSEPRO) based on six certification schemes, i.e. certification of either 
(i) single products; (ii) groups of products or articles; (iii) serially manufactured products; 
(iv) products with examination/inspection of producti on; (v) products with attestation of production; 
or (vi) products with assessment of a quality system or certification of a quality system.  The State Committee had drawn up a list of the products subject  to mandatory certification, approved by Order 
No. 498 of Derzhspozhyvstandart of  30 August 2002.  However, the coverage of the mandatory 
certification system was diminishing gradually as Uk raine was reviewing its regulations to conform 
with basic international practice, i.e. compliance wi th standards which - by definition - was voluntary, 
or mandatory requirements to be prom ulgated in technical regulations.  Ukraine was encouraged to 
continue reviewing the list of products subject to mandatory certification with a view to 
removing lower risk products such as cocoa bean s, coffee beans, roasted and ground coffee, and 
powdered flavours.  Thirty categories of low-risk goods had been removed from the list in 2002 and 
Ukraine had continued to revise the list to elimin ate additional low-risk goods.  The updated list of 
products subject to mandatory certification had b een approved by Order of the State Committee for 
Technical Regulation and Consum er Policy No. 28 of 1 February 2005.  Accordingly, 25 
categories/subcategories of low-risk products had been removed from the list.  Pursuant to the 
Committee's Order No. 171 of 14 July 2005 an add itional category, namely "Optical devices for 
medicinal purposes", had also been removed from the list.   He stated that Ukraine would not resort to 
mandatory certification if the legitimate objectives coul d be met in a less trade-restrictive manner.  He 
confirmed that, when approved, the draft
  the new Law "On Standards, Technical Regulations and 
Conformity Assessment Procedures" would ensure full compliance with the provisions Article 2 of 
the TBT Agreement.     
228. Some Members noted that the Ministry of Agriculture imposed technical regulations and 
requested Ukraine to provide information about such  technical regulations, in particular government-
mandated shelf-life standards applicable to imported fish products.  Ukraine appeared also to have 
introduced new restrictions on the port of entry for fish products, which seemed to contradict 
internationally accepted norms.  Ukraine was encourag ed to continue reviewing the list of products 
subject to mandatory certification with a view to removing lower risk products such as cocoa beans, 
coffee beans, roasted and ground coffee, and powdered flavours.  
229. The representative of Ukraine confirmed that  the Ministry of Agriculture could impose 
technical regulations pursuant to the Law "On St andardization" No. 2408-III of 17 May 2001.  He 
added that after the adoption of the draft   under the new Law "On Standards, Technical Regulations 
and Conformity Assessment Procedures", technical re gulations would only be adopted by the Cabinet 
of Ministers.  Fish products were subject to tec hnical regulations through mandatory application of 
Interstate Standard (DSTU) 1168-86,  which mandated a use-by-date term from four months to one 
year for fish products.  Fish products which did not  comply with the shelf-life requirements under this 
standard could not be circulated within the territo ry of Ukraine.  He stated that the requirement 
applied equally to domestic and impor ted fish products.  He added that for imported products the use-
by-date term set by the manufacturer would be accepted, provided that a State sanitary and 
epidemiological examination had reached the same  conclusions.  When imports of fish products 
arrived at the Ukrainian border a Veterinary Insp ector verified whether the manufacturer-determined 
shelf-life exceeded the requirements of Ukraine's st andards and, if that was the case, stamped the 
product with the Ukrainian shelf-life standard.  The State Authorities were aiming at harmonizing 
shelf-life and use-by-date terms for fish products in  line with internationa l requirements by amending 
DSTU 1168-86.  He denied that Ukraine had intr oduced new requirements or border measures on the 
importation of food, agricultural or fish products.  He added that importation of animals, animal WT/ACC/UKR/137 
Page 76  
 
  products and foodstuffs was regulated by Veterina ry Requirements Regarding Products Imported into 
Ukraine that Fall under the Control of the State Veterinary Medicine Service.  Asked about the 
existence of multiple testing requi rements by different public author ities, he added that imported food 
raw materials and food products of animal origin  were subject to veterinary and/or sanitary 
examination and certification.  The Draft Law "On Veterinary Medi cine", the new Law on Safety 
and Quality of Food Products, and the Cabinet of Ministers' Decrees "On Standardization and Certification" and "On State Supervision of Comp liance with Standards, Norms and Rules, and 
Sanctions for Violations thereof" had been amen ded to eliminate duplication of supervisory and 
controlling functions in central agencies of executive power.  He noted that at present Ukraine had 
no intention to impose any new technical regulati ons, but should such technical regulations be 
imposed, a relevant notification would be provided.   
229. bis.  The representative of Ukraine confirmed that Ukraine had reviewed its shelf-life 
requirements.  As a result, the Government of Ukraine has begun the process of approving changes to Ukraine's technical regulation on shelf life for fish to bring it into conformity with 
the CODEX alimentarius guidelines on the labellin g of pre-packaged food products.  When the 
revised technical regulation is implemented, Uk raine will no longer enfo rce previous technical 
regulations that imposed fish shelf-life restrictio ns, and Ukraine will accept use-by/ sell-by dates 
that are determined solely by the manufactu rer.  The Working Party took note of this 
commitment.]  
230. Some Members welcomed the steps that Ukra ine was taking to make technical regulations, 
standards, and conformity assessment procedures co mpatible with WTO obligations although Ukraine 
was also reminded that the adoption of regional  standards, regulations or systems would not 
necessarily constitute compliance with WTO TBT re quirements.  Some Members suggested that 
producers should be allowed to choose between  different conformity assessment procedures 
depending on the level of risk to consumers,  workers and others, including the choice of a 
manufacturers' declaration for low to medium risk products.  Ukrain e was requested to indicate the 
maximum period of time needed for the conformity assessment procedures, as well as the 
establishment and publication of conformity assessmen t fees proportional to the services rendered.  
Some Members also noted that Articles 10 and 12 of the Law "On Conformity Assessment" restricted the accreditation of conformity assessment bodi es to those resident in Ukraine.  These provisions 
were cancelled by the Law on Standards, T echnical Regulations and Conformity Assessment 
Procedures, which envisaged in the Article 28 that relevant central bodies of executive power 
shall recommend for designation (not accreditatio n) only conformity assessment bodies which 
are residents of Ukraine.  
231. In reply, the representative of Ukraine sai d that producers could opt between conformity 
assessment schemes based on the analysis of pr oduction documents and t echnical supervision, 
inspection of production, attestation of production, and certification or assessment of compliance with 
ISO 9000.  Depending on the type of products, as well as  the type of testing and certification scheme, 
the certification process could take from three days to up to a month.  The Law "On Conformity Assessment" (Articles 9 to
 and 11) allowed manufacturers' declara tion of conformity, although such 
declarations could not substitute for conformity certificates required for goods subject to mandatory 
certification.  The Law on Standards, Technical Re gulations and Conformity Assessment 
Procedures in the Article 28 states, that the prod ucer of a product shall compile a declaration of 
conformity for all products subject to technical re gulations that are placed in circulation, unless 
otherwise stipulated in technical regulations.   He added that 11 techni cal regulations had been 
adopted covering the conformity assessment modules used in technical regulations and rules for the 
granting and use of marks of conformity; the safety of low-voltage equipment; electric household refrigerating devices; electromagnetic compatibility ; non-automatic weighing devices; and the safety 
of gas appliances; boilers; simple pressurized v essels; equipment operating under pressure; lifts; and 
toys.  An overview of the recommended certification schemes (models) in Ukraine is presented in  WT/ACC/UKR/137 
 Page 77 
 
 
  Table 22(a).  The duration of the works depended on  the certification scheme chosen.  A list of fees 
did not exist; these were calculated case-by-case pursu ant to the "Rules on Determinations of the Cost 
of Works to certify Products and Service", registered  with the Ministry of Justice and published in the 
Official Viysnyk of Ukraine No. 14/1999.  The fee was the same for both domestic and imported 
goods.  The fee was calculated according to the formula "0.1* Дmin*N" where Дmin was the non-
taxable minimum income of citizens and N was the number of copies of the certificate of conformity.  
Blank forms were paid for separately (see Table 22(b)).  
232. Ukraine allowed the accreditation of priv ate conformity assessment bodies, but had no 
intention to permit accreditation of non-resident  conformity assessment bodies at this stage.  
However, Ukraine intended to negotiate agreemen ts for the mutual recognition of the results of 
conformity assessment procedures in accordance with  Article 6.3 of the TBT Agreement.  Once 
Ukraine's National Accreditation Agency would b ecome a member of ILAC, Ukraine would work 
towards increasing the acceptance of test results of  laboratories accredited with and notified by ILAC 
member bodies.  The Law on Standards, Technical Re gulations and Conformity Assessment 
Procedures in the Article 32 states, that results of conformity assessment procedures, (including 
certificates of conformity and other documents regarding results of testing of products) 
conducted outside of Ukraine, shall be accepte d and recognized in Ukraine, according to 
international agreements of Ukraine on mutu al recognition of the results of conformity 
assessment. The conformity assessment results m ay be recognized without concluding relevant 
international agreements on mutual recognitio n when Ukraine and the party which requests 
recognition are members of international or reg ional conformity assessment organizations.  
233. He added that Order No. 633 of Derz hstandart "On Approval of Procedures for 
Accomplishment of Works concerned with Certific ation of Foreign Seria lly Manufactured Products" 
of 18 August 1998 had been repealed by Derzhs tandart Order No. 514 of 25 September 2002, and 
thereby been brought into compliance with Article  5 of the TBT Agreement.  Imported goods were 
certified under the procedures and rules applicable  to domestically-manufactured products.  The 
introduction of technical regulations  on conformity assessment would give manufacturers the right to 
choose the conformity assessment procedure for their products.  Importers could obtain serial conformity certificates, valid for five years based on the selected scheme of certification, prior to the 
importation of a good subject to manda tory certification.  Goods importe d with serial certificates were 
not tested at the border unless it was evident that the goods had been damaged during transportation.  
In the absence of a serial conformity certificate, testing would be performed  upon importation to issue 
a certificate of conformity for the specific shipment.   
234. Regarding the establishment of a TBT Enquiry Point, the representative of Ukraine said that 
Cabinet of Ministers' Resolution No. 84 of 1 Fe bruary 1995 had establishe d a National Information 
Centre of the International Information Netw ork (ISONET), allowing Derzhspozhyvstandart to 
provide regular information (notifications) on the development and adoption of technical regulations, 
products subject to mandatory certification, standa rdization programmes, as well responses to queries 
of WTO members.  Draft conformity assessment procedures were published on the website of the 
Derzhspozhyvstandart.  Draft produc t standards and technical regul ations were not published, 
primarily for technical and financial reasons.  He confirmed that Ukraine would implement the Code 
of Good Practice for the Preparation, Adoption, a nd Application of Standa rds (Annex 3 of the TBT 
Agreement) as well as the requirements for comments under Item 6 of Annex 2 and Articles 2, 3, 5, 
and 7 of the TBT Agreement in its national legisl ation by the date of accession.  Ukraine would 
accordingly establish a formal procedure to give fa ir consideration to public comments prior to the 
adoption of final rules.  He added that on 31 Ma y 2005, the Cabinet of Ministers had approved a 
Resolution "On Establishment of a Centre for Pr ocessing Inquiries from WTO Member-States and for 
Notifications (the Enquiry and Notification Point)".  He confirmed that the single Enquiry and 
Notification Point would be operational from the da te of WTO accession.  [Specific information to 
follow; for the time being queries can be directed to dstu@issi.kiev.ua or by dialling 380 44 268-92-WT/ACC/UKR/137 
Page 78  
 
  73 (telephone) or 380 44 268-54-02 (fax).]   On May 30, 2005  the Cabinet of Ministers approved a 
Resolution on Establishment of a Center for Processing Inquiries from WTO Member-States 
and for Notifications (the Inquiry Point).   The I nquiry Point will be operational by the date of 
accession to the WTO.  
235. Having examined document WT/ACC/UKR/113 , a Member remained  concerned that 
Ukrainian legislation did not appear to reflect fully the provisions of the TBT Agreement, notably that 
technical regulations should not be maintained if  their objectives could be addressed in a less trade-
restrictive manner, and the recognition of other Memb ers' regulations as "equivalent" rather than the 
principle of "adoption" of the regulations of othe rs.  Moreover, the Law "On Standardization" failed 
to address the issue of non-discrimination, and its text did not specify how decisions were taken 
regarding mandatory compliance and/or the developmen t of a technical regulation.  Parts of the Law 
"On Conformity Assessment" also appeared to contra dict Article 6.4 of the TBT Agreement.  Ukraine 
was also requested to clarify how it would meet th e requirements of the TBT Agreement with respect 
to the preparation, adoption and application of t echnical regulations by local government bodies and 
non-governmental bodies, and whether Standard  DSTU 1.13-2002 "On Rules of providing 
notifications to trade partners of Ukraine" met the requirements of Article 2.9 of the Agreement.  In 
general, Ukraine was requested to be in full c onformity with the obligations of the WTO TBT 
Agreement from the date of accession. 
236. The representative of Ukraine replie d that Ukraine could commit to having
 has brought its 
legislation in compliance with all the substantive provisions of the Agreement on Technical Barriers 
to Trade, including the procedural and transparency  requirements, from the date of accession.  He 
pointed to the new draft  Law "On Standards, Technical Regulations and Conformity Assessment 
Procedures", which amended would supersede  the Laws "On Conformity Assessment" and "On 
Standardization".  This draft  Law had been adopted and entered into force, it brings submitted to 
Parliament and, once adopted, would bring the legal framework governing standards, technical 
regulations and conformity assessment procedures into  full conformity with the TBT Agreement.   
237. The [draft] Law "On Standards, Technical Regul ations and Conformity Assessment 
Procedures" established the legal and organizationa l framework for the deve lopment and application 
of national standards, technical regulations, and c onformity assessment procedures, as well as for the 
granting of the right to use conformity marks fo r all products, processes and services, whether of 
domestic or foreign origin.  The main principle of the [draft]  Law was that standards, technical 
regulations and conformity assessment procedures coul d not be developed, adopted or applied with a 
view to, or with the effect of, creating unnecessary  obstacles to international trade.  This [d raft] Law 
delineated the difference between voluntary standa rds and obligatory technical regulations, which 
fulfilled the legitimate goal to protect human, animal  and plant health and life, the environment and 
natural resources, national security, and to prevent deceptive practi ces.  This [draft] Law also defined 
the stages of development and the bodies responsib le for the adoption of standards, technical 
regulations and conformity assessment procedures.   The equivalence of foreign and Ukrainian 
technical regulations was recognized by this [draft]  Law.  With regard to transparency requirements, 
the [draft]  Law provided for publication of notices of draft standards; an opportunity for public 
comments; a publication in which notices of pr oposed technical regulations and conformity 
assessment procedures would appear; an authority re sponsible for making notifications to the WTO; 
non-discriminatory treatment of comments in the preparation of the final regulation; and a reasonable 
period of time between the final pu blication of a technical regulation (or a conformity assessment 
procedure) and its entry into force, thus providing suppliers with sufficient time to adapt to it.  The 
[draft]  Law reflected the principles of the Code of Good Practice for the Preparation, Adoption and 
Application of Standards.   
238. All existing technical regulations (mandatory  standards) would be brought in line with the 
TBT Agreement as the technical regulations would be reviewed and, as necessary, revised to  WT/ACC/UKR/137 
 Page 79 
 
 
  eliminate all provisions exceeding international requ irements and not justifiable under Article 2.4 of 
the TBT Agreement.  In addition, the technical re gulations would be revised to assess whether or not 
the circumstances or objectives giving rise to their adoption continued to exist, or whether the 
changed circumstances or objectives could be addressed in a less trade-restrictive manner.  Appropriate amendments would be introduced to bri ng existing legislation in compliance with Article 
2.7 of the TBT Agreement and address the issu e of accepting other Members' regulations as 
equivalent.  Technical regulations that did not co mply with Article 3 of the TBT Agreement would 
also be eliminated.  He considered DSTU 1.13-2002 "On the rules for notification of trade partners of 
Ukraine" to be in conformity with Article 2.9 of the TBT Agreement.  This Standard had been 
developed to meet the requirements of documen ts G/TBT/W/2/Rev.1 and G/TBT/9, as well as the 
notification requirements of the TBT Agreement and the provisions of the Code of Good Practice for 
the Preparation, Adoption and Application of Standa rds.  Ukraine would not use standards, technical 
regulations and conformity assessment procedures in a manner that would be restrictive to 
international trade, prohibitive to imports, and discr iminatory of individual exporters and suppliers.  
[The complete alignment of technical regulati ons and standards with WTO norms could not be 
completed by the date of accession.  Ukraine would therefore ask for an implementation period and 
submit a work program to the Working Party spellin g out the steps remaining to be taken, and the 
required timeframe, to achieve full conformity.]  [H e confirmed that Ukraine committed to be in full 
conformity with the obligations of the WTO TB T Agreement from the date of accession provided it 
received adequate technical assistance from WT O Members.]  The State Committee for Technical 
Regulation and Consumer Policy had prepared an Ac tion Plan for the full harmonization of standards 
and technical regulations during 2005-2011.   
239. [The representative of Ukraine confirmed that  Ukraine will comply with all obligations under 
the WTO Agreement on Technical Barriers to Trad e 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 fro m the date of its accession to the WTO. 
 The representative of Ukraine further confirme d that from the date of accession, all existing 
Soviet-era and other regional standards 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 reference to a technical regulation, adopted by a public authority in accordance with 
legitimate objectives, such as national security, pr eventing of misuse practices, protection of the 
health and life of physical persons, of the heal th and life of animals, plants protection, and 
environment protection. All existing Soviet-era and other regional standards w ill 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 internationa l standards, or technical regulations based on 
international standards, in acco rdance with the timetable outlined in document WT/ACC/UKR/129, 
and be fully replaced by 31 December 2011. With resp ect to the items for which certification remains 
mandatory in Ukraine, the representative of Ukrain e confirmed that imported products meeting either 
international, European, or nati onal standards will be accepted. 
 The representative of Ukraine confirmed that Ukraine will use relevant guides or 
recommendations issued by international standa rdizing bodies as the basis for new conformity 
assessment procedures in accordance with Article 5.4 of the TBT Agreement. Ukraine shall accept 
conformity assessment certificates issued by inte rnationally recognized authorities of the exporting 
countries, or approvals provided by recognized i ndependent conformity assessment bodies or agencies 
recognized by the Ukrainian Governmental body. Uk raine also shall reduce further the number of 
categories of imported products subject to mandato ry 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 certification in accord ance with the timetable outlined in document 
WT/ACC/UKR/129.   WT/ACC/UKR/137 
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   The representative of Ukraine confirmed that  prior to the date of accession, Ukraine will 
amend its laws and regulations as described in  document WT/ACC/UKR/129 to ensure that its 
conformity assessment procedures reflected optio ns for achieving confidence in the 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 assess ment bodies in other countries (e.g., accreditation 
bodies; certification bodies); the acceptance and non-di scriminatory consideration of applications for 
accreditation from conformity assessment bodies locat ed in other WTO members and the acceptance 
of conformity assessment results from qualifying bodi es; and other means of recognition of equivalent 
procedures. 
 The representative of Ukraine confirmed that Ukraine shall apply the same controls, criteria 
and rules regarding technical regulations, sta ndards certification and labelling requirements to 
imported and domestic goods, and will not use such regulations to restrict imports. Ukraine will 
ensure that its technical regulations, standards cer tification and labelling requirements are not applied 
to imports in an arbitrary manner, in a way th at discriminates between supplier governments where 
the same conditions apply or as a disguised restrictio n 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 national and s ub-national levels), and private sector interests 
on the rights and obligations under th e 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.] 
240. [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 (i.e., Annex 
3 to the TBT Agreement) as regards the development,  adoption and application of standards that it 
signed in December 1998. 
 Ukraine confirms the voluntary nature of its application 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, pr event deceptive practices, protect the life and health 
of people, animals or plants, as well as protect the en vironment.  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 replace all its national standards (i.e., former 
USSR standards) with international standards or t echnical 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 unnec essary obstacles to international trade, Ukraine’s 
process of technical and regulatory harmonization shall be carried out on the basis of an informed and 
technical process of standards’ development a nd harmonization, not by means of automatic and 
systematic substitution of domestic with international standards. 
 In accordance with the "Action Plan", as we ll as with the special State standardization 
program for 2006 – 2010, which is be ing prepared in accordance with the Decree of the President of 
Ukraine "On Measures to Improve Activities in th e Field of Technical Regulation and Consumer  WT/ACC/UKR/137 
 Page 81 
 
 
  Policy" No. 1105 / 2005 of 13 July 2005, the said sta ndards shall all be replaced at the latest by 
January 2011. 
 Ukraine also reaffirms its intention in the fi eld of conformity assessment to use international 
standards, guidelines and recommendations of the In ternational Organization for Standardization as 
regards conformity validation pr ocedures in accordance with Article 5 of the WTO Agreement on 
Technical Barriers to Trade. Ukraine would recognize  and accept the results of conformity assessment 
in accordance with Article 6 of the WTO Agreemen t on Technical Barriers to Trade provided by 
conformity assessment bodies of exporting countries b ased on their confirmed adequacy and reliable 
technical competence as well as the recognitio n of the said bodies by the National Executive 
Authority for Conformity Assessment. 
 Ukraine shall shorten the List of Products s ubject to obligatory certification by the end of 
2005 by de-listing the products of low risk to consumers and shall inform the WTO Members by means of a notification to the WTO by 1 December 2005.  Ukraine shall also complete the process of 
regulating conformity assessment (manufacturer’s declaration of conform ity 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 participation of competent authorities in the 
field of conformity assessment located in the territories of other WTO Members, implementation of national conformity assessment procedures, r ecognition and 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 re gulations and conformity assessment procedures 
in a manner that would be restrictive to internati onal 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 sha ll hold consultations and meetings to discuss 
any issue related to the application of standard s, technical regulations and conformity assessment 
procedures that are stipulated by the TBT Agreemen t and may have a negative impact on international 
trade.  In particular, upon its WTO accession, Uk raine shall ensure a national mechanism for ongoing 
information and holding of consultations with na tional and regional executive authorities as well as 
with stakeholders representing its private sector as  regards rights and obligations in accordance with 
the General Agreement on Tariffs and Trade 199 4 and the Agreement on Technical Barriers to 
Trade.] 
241. [The representative of Ukraine stated that, upon accession to the WTO, Ukraine would 
comply with all the provisions of the Agreement on Technical Barriers to Trade without recourse to any transitional arrangements.  The Worki ng Party took note of this commitment.] 
[Ukraine commits to be in full conformity with the substantive provisions including procedural and 
transparency requirements of the WTO TBT Agreem ent from the date of accession.  Ukraine intends 
to bring all existing technical regul ations (mandatory standards) into  line with the TBT Agreement.  
This will be implemented through a program of revision of all existing technical regulations WT/ACC/UKR/137 
Page 82  
 
  (mandatory standards) and elimination of those,  which exceed international requirements and cannot 
be justified under Article 2.4 of th e TBT Agreement.  In addition, re maining technical regulations will 
be reviewed to assess whether the circumstances or  the objectives giving rise to their adoption no 
longer exist or if the changed circumstances or obj ectives can be addressed in a less trade-restrictive 
manner.  Technical regulations that do not comply with Article 3 of the TBT Agreement will also be 
eliminated.  Ukraine intends to implement this program over a period of 5-6 years.]   WT/ACC/UKR/137 
 Page 83 
 
 
  ANNEX III 
Proposed Revisions to SPS Section (Paragraphs 242-252)  
- Sanitary and phytosanitary measures  
243. In pursuance of Presidential Decree No. 797 "On Additional Measures Towards Acceleration 
of Ukraine's WTO Accession" of 5 September 2001,  key legislation such as the Laws "On Ensuring 
Sanitary and Epidemic Safety of the Population" , "On Quality and Safety of Foodstuffs and Food 
Raw Materials", "On Protection of Population from In fectious Diseases", "On Veterinary Medicine", 
"On Responsibility of Enterprises for Viola tion on the Law on Veterinary Medicine  (Law no longer 
in effect) ", "On Quarantine of the Plants" and "On Amendments to the other Laws in Connection to 
the Adoption of the Law on Quarantine" as well as secondary legislation in this area, were being 
examined and amended as necessary to bring national legislation into conform ity with international 
requirements and standards.   
245. A project funded by TACIS had also concluded that Ukraine's system of Border Inspection 
Points would need to be reviewed.  All consi gnments of imported food of  animal origin were 
subjected to elaborate laboratory tests with part of the costs covered by the owner of the goods.  Meat 
and poultry were, for example, tested for toxic elements (lead, cadmium, arsenic, copper, zinc, 
mercury), ten different pesticides, micotoxine, micr obiological parameters and radionuclide, at a cost 
of approximately US$ 120 per consignment.  More over, these costs were likely to increase in the 
future as the State would no longer support this activ ity.  In this connection, the representative of 
Ukraine noted that the Ministry of Health (Ord er No. 247 of 9 October 2000) had confirmed a new 
procedure for issuing medical hygiene certificates, and that the Cabinet of Ministers' Resolution 
No. 1569 "On the Procedure for Collecting the Unified Fee at Points of Crossing the State Border of 
Ukraine" of 24 October 2002 included a list of the products subject to sanitary and phytosanitary control at the border, determined pursuant to  UCC FEA.  However, he expected that the enacted Law 
on Safety and Quality of Food Products adopted on 5 September 2005 reduced provisions of the 
new (forthcoming) SPS -related legislation would reduce  significantly the number of inspections 
requiring sampling and testing procedures.  In part icular, low-risk consignm ents would be cleared 
after a standard document verification and a visual inspection.  All fees charged in relation to the 
border inspection would not exceed the actual cost of services rendered.  
247. In reply, the representative of Ukraine adde d that efforts were under way to submit to the 
Supreme Rada draft laws amending SPS-related provi sions contained in the Laws "On Veterinary 
Medicine", "On Quality and Safety of Food a nd Food Raw Materials", "On Plant Quarantine", 
"On Foreign Economic Activity", "On Ensuring Sa nitary and Epidemic Safety of Population", 
"On State Regulation of Import of Agricultural Products", "On the Protection of Population from 
Infectious Diseases", and "On Pesticides and Agrochemicals".  Ukraine intended to consolidate all 
existing SPS provisions into three separate framework laws, i.e. a Law on Veterinary Medicine, a Law 
on Safety and Quality of Food Products, and a La w on Plant Quarantine, which would be the only 
laws governing SPS matters.  The framework laws would incorporate the provisions of the WTO SPS 
Agreement related to terminolog y; harmonization; equivalence in measures; risk assessment and 
appropriate level of protection; adaptation to regional conditions; transparency (enquiry and 
notification points); and inspection, control and approval procedures.  Ukraine had drafted the 
amendments for bringing the relevant SPS-related pr ovisions into full conformity with the WTO SPS 
Agreement, including substantive provisions, procedur al and transparency aspects.  These draft laws 
had been submitted to Parl iament for consideration and were all adopted by the VR by the end of 
January 2006 . 
249. The new Law on Safety and Quality of F ood Products would cove r all food products 
regardless of content and stage of processing.  Th e Law would introduce major conceptual changes in WT/ACC/UKR/137 
Page 84  
 
  the production and handling of food products by  introducing best international practices 
encompassing a food-chain approach to safe food, including mandatory implementation of HACCP systems in food producing enterprises.  Thus, the producer would become responsible for the 
suitability (safety and acceptability) of food for huma n consumption, enabling the State to reduce its 
role to that of verifying the conditions and prac tices necessary to produce safe food.  In addition, the 
quality of food products would be  determined according to (voluntar y) standards and, as appropriate, 
minimum quality specifications defined in technical regulations.  The Law on Safety and Quality of 
Food Products would also include a clear delineation of authority between the Veterinary Department 
and the Sanitary Service, minimize the documen tation requirements fo r imported food products, 
streamline border control procedures based on the risk presented by a particular food product, 
establish requirements for the accreditation of a ll food control laboratories, and ensure broad 
acceptance of international standards and recomme ndations, to be adopted by the National Codex 
Alimentarius Commission of Ukraine.  Minor amen dments to the Laws "On Ensuring Sanitary and 
Epidemiological Safety of the Population", "O n Protection of the Population from Infectious 
Diseases", and "On Pesticides and Agrochemicals" would ensure that the new Law would be the only 
legislation in Ukraine governing the importation of food products.   
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