RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/UKR/132 
22 August 2005 
 (05-3716) 
Working Party on the  
Accession of Ukraine Original:   English 
 
 
 
ACCESSION OF UKRAINE 
 
Check-list of TBT Issues for Consideration in Accession  
 
 
 The following submission, dated  18 August 2005,  is being circulated at the request of the 
Delegation of Ukraine.  
_______________ 
  
 WT/ACC/UKR/132 
Page 2 Commitments  
(by the time of accession) Reference  
to the WTO documents Reference to Draft Law of Ukraine 
"On Development and Application of Standards, Technical Regulations and  
Conformity Assessment Procedures" 
1. Standstill: the 
introduction of new 
standards, technical 
regulations and conformity assessment 
procedures should be 
fully compatible with the TBT Agreement 1. Generally agreed principle 
in WTO accession 
negotiations  
2. Submission of Statement 
on Implementation 2. Article 15.2 and TBT 
Committee Decision 
(G/TBT/1)  
3. Establishment and 
operation of a single 
Contact Point for 
Information ("inquiry point") 3. Article 10 
 Article 56. Authority of the Cabinet of Ministers 
 
The Cabinet of Ministers of Ukraine shall: 
Establish an enquiry and notifications centre for standards, technical regulations, and conformity 
assessment procedures (hereafter E nquiry and Notifications Centre). 
Article 57. Main Functions Enquiry and Notifications Centre  
The enquiry and notifications centre  shall have the following functions: 
Responding to or coordinating the response to enquiries from domestic and foreign interested parties 
regarding national standards, technical regulations , and c onformity assessment procedures;  
Receiving and disseminating to relevant central bodies of ex ecutive power and subjects of 
entrepreneurial activity notifica tions prepared by other countries regarding their standards, technical 
regulations and conformity assessment procedure ;  
Preparation and forwarding comments on notifications prepared by other countries regarding their 
standards, technical regulations and conformity assessment procedures;  
Providing information on the membership and participation of Ukraine in the international and regional 
standardization organisations  and conformity  assessment systems, as well as in bilateral and multilateral 
agreements governing the deve lopment and application of standards, technical regulations and 
conformity assessment procedures ; 
Providing the location of notices published pursuant to this Law or information as to where such 
information can be obtained; 
Providing the location of the enquiry and notifications centre ,if it is decided to establish several such 
centres; 
Other services requested by users;  
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 Page 3Commitments  
(by the time of accession) Reference  
to the WTO documents Reference to Draft Law of Ukraine 
"On Development and Application of Standards, Technical Regulations and  
Conformity Assessment Procedures" 
Enquiry and Notification Centre at the request of foreign party shall provide translation of the documents to the official language of the international organizations, the in case of voluminous documents, 
summaries of such documents; 
Any fees charged for copies of documents and translation to the official language of the documents 
requested by interested parties shall be the same for domestic and international parities, except for the 
real cost of delivery of such documents. 
4. Identification of authority 
responsible for notifications, publications 
and other internal 
procedures to ensure transparency obligations 
are met on an ongoing 
basis: 4. Articles 2, 3, 5, 7, 10, 15.2, 
Annex 3 and G/TBT/1  
(a) identification of 
publication where notices 
of proposed technical 
regulations and 
conformity assessment 
procedures will appear; (a) Articles 2.9.1, 3.1, 5.6.1, 
7.1, 10.1.5 
 Article 16. Development and  Notifi cation of Draft Standards, Solicitatio n for Comments, and Incorporation 
of Comments in the Final Draft Standard  
When the first draft of the national standard is available, the central b ody of executive power for 
standardisation  issues shall publish in its official publication, as well as in mass media. 
Article 31. Notifying Draft Technical Regulations, So liciting Comments, and Incorporating Comments in the 
Final Regulation  
When a draft technical regulation is completed, the relevant central body of executive power shall 
publish in its official publication and in mass media a notice of availability of the draft for review and 
comment by any interested party. The notice sh all include the title and abstract of the draft technical 
regulation , the address and period for submitting commen ts, as well as information on the manner in 
which the draft can be obtained. When applicable, the notification procedures pres cribed in Article 6o of 
this Law shall also be implemented. 
Article 38. Goal and State Policy for of Conformity Assessment  
Conformity assessment procedures may be developed as parts of standards or parts of technical 
regulations or as national standards or technical regulations themselves. 
Article 59. Obligations on Providing Notifications  
When an adopted emergency technical regulation  and/or emergency conformity assessment procedure  or 
draft technical regulation  and/or conformity assessment procedure  is expected to have a significant 
effect on the foreign trade of countries with which a relevant international agreement is in force or when 
required by a relevant international agreement or the terms of membership of the relevant international 
and regional organisations  of which Ukraine is a member, a no tification regarding the abovementioned  
 WT/ACC/UKR/132 
Page 4 Commitments  
(by the time of accession) Reference  
to the WTO documents Reference to Draft Law of Ukraine 
"On Development and Application of Standards, Technical Regulations and  
Conformity Assessment Procedures" 
drafts shall be sent to interested parties according to the procedures stipulated by the relevant 
international agreements  and/or relevant international and regional organisations.  
Article 57. Main Functions Enquiry and Notifications Centre  
The enquiry and notifications centre  shall have the following functions: 
Providing the location of notices published pursuant to this Law or information as to where such 
information can be obtained. 
(b) identification of authority 
responsible for making notifications to the WTO; (b) Article 2.9.2, 2.10.1, 3.2, 
3.3, 5.6.2, 5.7.1, 7.2, 7.3, 10.7, 10.10 
 Article 59. Obligations on Providing Notifications
 
The notification for a draft technical regulation  and/or conformity assessment procedure  shall be 
submitted in the format and with the information required by the agreement or organisation no less than 
[60/] calendar days before the relevant expert working group is scheduled to finalise a draft technical 
regulation or conformity assessment procedure.  
Adopted emergency technical regulations  and/or emergency conformity assessment procedures  shall be 
notified promptly through the enquiry and notifications centre  after their publication in the Official 
Gazette according to the format and w ith the information required under the relevant international 
agreement or by the relevant international and regional organisations. 
Upon request of any interested party w ithin the territory of a member of a relevant international or 
regional organisation  of which Ukraine is a member or any interested party from a country with which a 
relevant international agreement is in force, the enquiry and notifications centre or responsible State 
body shall promptly provide, or arrange to provide, a copy of the relevant draft or adopted document. 
When required by relevant international agreements  in force, if a bilateral or multilateral agreement on 
issues related to standards,  technical regulations  or conformity assessment procedures  may have a 
significant effect on the foreign trade of countries not included in the agreement, a notification of ratification of such agreement, in cluding identification of the product s to be covered by the agreement 
and a brief description of the agreement, shall be sent by the enquiry and notifications centre  to 
[parties/countries] with which the relevant international agreement  is in force. 
(c) guidance/law to ensure 
regulatory authorities 
afford non-discriminatory 
consideration of comments in the 
preparation of a final 
regulation; (c) Articles 2.9.4, 2.10.3, 3.15 
3.3, 5.6.4, 5.7.3, 7.1, 7.3 Article 5. General Principles of Development of Standards, Technical Regulations and Conformity 
Assessment Procedures   
Comments received on draft national  standards and other  standards , technical regulations , and 
conformity assessment procedures  from any interested party, whether domestic or foreign, shall be given 
equal consideration by the relevant technical committ ee, expert working group or other body developing 
the standard, technical regulation or conformity assessment procedure . 
Comments on draft national standards  and other standards , technical regulations  and conformity 
assessment procedures  received through foreign standardising bodies or relevant international and 
regional organisations that have accepted the Code of Good Pr actice for the Prepar ation, Adoption and  
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 Page 5Commitments  
(by the time of accession) Reference  
to the WTO documents Reference to Draft Law of Ukraine 
"On Development and Application of Standards, Technical Regulations and  
Conformity Assessment Procedures" 
Application of Standards in Annex 3 of the World Trade Organisation Agreement on Technical Barriers to Trade shall, if so requested, be replied to as pr omptly as possible.  When applicable, the reply shall 
include an explanation why a deviation from a relevant international or regional standard  is necessary.  
Article 31. Notifying Draft Technical Regulations, So liciting Comments, and Incorporating Comments in the 
Final Regulation  
Following the expiration of the period for submitting comments on the draft technical regulation , the 
working group  shall consider the comments in accordance with the provisions of paragraphs 6 and 7 of 
Article 5 of this Law and reach a conclusion concerni ng the incorporation of comments in the final draft 
technical regulation . 
Article 34. Urgent Need for a Technical Regulation  
Comments on an adopted emergency technical regulation  received in writing from countries with which 
a relevant international agreement is in force shall be discussed with the relevant country уupon request, 
the comments and results of the discussion taken into account, and when necessary, the emergency 
technical regulation  shall be accordingly revised. 
Article 59. Obligations on Providing Notifications  
The notification for a draft technical regulation  and/or conformity assessment procedure  shall be 
submitted in the format and with the information required by the agreement or organisation no less than 
60 calendar days before the relevant expert working group is scheduled to finalise a draft technical 
regulation or conformity assessment procedure.  
(d) guidance/law to ensure 
regulatory authorities 
allow a reasonable period of time between the final 
publication of a technical 
regulation and conformity assessment procedure and 
its entry into force so that 
suppliers can adapt; (d) Articles 2.11, 2.12, 3.1, 5.8, 
5.9, 7.1 Article 33. Procedures upon Adoption of a Technical Regulation
 
Technical regulations  adopted by the Cabinet of Ministers shall be published promptly in the Official 
Gazette.  
The date of implementation of technical regulations  shall be no less than six months from the date of 
publication in the Official Gazette in order to allow market participants to adjust to the new technical 
regulation,  except in the case of urgent circumstances referred to in Article 34 of this Law. 
Article 38. Goal and State Policy for of Conformity Assessment  
Conformity assessment procedures may be developed as parts of standards or parts of technical 
regulations or as national standards or technical regulations themselves.  
 WT/ACC/UKR/132 
Page 6 Commitments  
(by the time of accession) Reference  
to the WTO documents Reference to Draft Law of Ukraine 
"On Development and Application of Standards, Technical Regulations and  
Conformity Assessment Procedures" 
(e) publication and 
notification of work 
programme for standards 
and non-governmental conformity assessment 
procedures, including 
publication of notices of draft standards and an 
opportunity for public 
comment. (e) Article 4, Annex 3 (J, K, L, 
N, 0);  Article 8.1 
 Article 8. Goals and State Policy in the Sphere of Standardisation
 
(State policy for standardization  is based on the following principles: 
Adoption and implementation by standardising bodies in the territory of Ukraine of the Code of Good 
Practice for the Preparation, Adoption and Applica tion of Standards in Annex 3 of the World Trade 
Organisation Agreement on T echnical Barriers to Trade. 
Article 5. General Principles of Development of Standards, Technical Regulations and Conformity 
Assessment Procedures   
Comments received on draft national  standards and other  standards , technical regulations , and 
conformity assessment procedures  from any interested party, whether domestic or foreign, shall be given 
equal consideration by the relevant technical committ ee, expert working group or other body developing 
the standard, technical regulation or conformity assessment procedure . 
Comments on draft national standards  and other standards , technical regulations  and conformity 
assessment procedures  received through foreign standardising bodies or relevant international and 
regional organisations that have accepted the Code of Good Pr actice for the Prepar ation, Adoption and 
Application of Standards in Annex 3 of the World Trade Organisation Agreement on Technical Barriers 
to Trade shall, if so requested, be replied to as pr omptly as possible.  When applicable, the reply shall 
include an explanation why a deviation from a relevant international or regional standard  is necessary.  
Article 9. Authority of the Central Body of  Executive Power for Standardisation Issues  
(The key functions of the central body of executive power for standardisation  issues are as follows: 
Ensure implementation of state policy for standardisation , including taking reasonable measures to 
ensure that other state and non-governmental standardizing bodies within Ukraine, as well as regional standardizing bodies established within the territory of Ukraine and of which a relevant state body is a 
member, accept and comply with th e Code of Good Practice for the Preparation,  Adoption and 
Application of Standards in Annex 3 of the World Trade Organisation Agreement on Technical Barriers to Trade. 
Article 15. Preparation of the Wo rk Programme for Standardisation
 
The central body of executive power for standardisation  issues shall prepare a standardisation  work 
programme on the basis of accepted proposals from in terested parties, which shall include activities for 
developing, reviewing, and amending national standards . 
The standardisation  work programme shall serve to coordinate the development of national standards  
for various activities and harmonization of national standards  with international and regional 
standards . 
The central body of executive power for standardisation  issues shall make every effort to avoid  
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(by the time of accession) Reference  
to the WTO documents Reference to Draft Law of Ukraine 
"On Development and Application of Standards, Technical Regulations and  
Conformity Assessment Procedures" 
duplication of, or overlap with, the work of international or regional standardisation organisations . 
The standardisation  work programme shall, for each standard , indicate the classification relevant to the 
subject matter according to a scheme of the international and regional standardisation organisations , 
the stage attained in the standard 's development, and the references of any international  standards  taken 
as a basis.   
The central body of executive power for standardisa tion issues shall, at least once every six months, 
publish the standardisation  work programme containing its name and address, as well as titles of 
specific draft standards  under development or review. A notice on the publication of the standardisation  
work programme shall be published in an official monthly publication of the central body of executive 
power for standardisation  issues. 
At the time of the publication of the standardisation  work programme, a notification of the existence 
thereof to the relevant international and regional organisations  using the required reporting format and 
language of such organisations. 
Article 16. Development and  Notifi cation of Draft Standards, Solicitatio n for Comments, and Incorporation 
of Comments in the Final Draft Standard  
When the first draft of the national standard is available, the central b ody of executive power for 
standardisation  issues shall publish in its official publication, as well as in mass media: 
The identifying code and title of the draft national standard ; 
The degree of deviation of the draft national standard  from relevant international and regional 
standards ; 
The address and period for submitting comments by all interested parties;  Information on the manner in which the draft can be obtained; 
The comment period for drafts of a national standard may not be less than 60 days from the date of 
publication of the information specified in paragraph 1 of this Article except when urgent problems of 
national security, health, safety or the envi ronment arise or threaten to arise and a national standard  is 
needed to prepare or complete a relevant technical regulation ; 
Following the expiration of the comment period, the developer of the national standard  shall consider 
the comments in accordance with the provisions of paragraphs 6 and 7 of Article 6 of this Law and reach 
a conclusion concerning the incorporation of comments in the final draft of a national standard . 
Article 17. Adoption of National Standards
 
The list of national standards , approved and adopted within a month, shall be published the following 
month in an official publication of the central body of executive power for standardisation issues.  
 WT/ACC/UKR/132 
Page 8 Commitments  
(by the time of accession) Reference  
to the WTO documents Reference to Draft Law of Ukraine 
"On Development and Application of Standards, Technical Regulations and  
Conformity Assessment Procedures" 
5. Development and 
Application of Technical 
Regulations and 
Conformity Assessment Procedures: Existence of 
legal and/or 
administrative underpinnings (or 
reasonable measures" as 
appropriate) to ensure ongoing compliance with 
provisions of the 
agreement concerning, in particular: 5. Articles 2, 3, 5, 6, 7  
(a) non-discrimination with 
respect to the treatment of 
products; (a) Articles 2.1, 3.1, 5.1, 5.2, 
7.1 
 Article 23. Goals and State Policy for Development and Application of Technical Regulations  
State policy for developm ent and application of technical regulations  is based on the following 
principles: 
Identical requirements shall be imposed for products of domestic and foreign origin when applying 
technical regulations ; 
The technical regulations  of Ukraine’s trading partners may be  accepted as equivalent to those of 
Ukraine even if such regulations differ, when it is determined that such regulations adequately fulfil the 
goals of Ukraine’s technical regulations . 
Article 38. Goal and State Policy for of Conformity Assessment  
State policy for conformity assessment is based on the following principles: 
Impartiality, transparency and accessi bility of conformity assessment  procedures and complete 
information on them for all interested parties; 
Conformity assessment shall not be more strict than is nece ssary to give adequate confidence that 
products , processes  and services  conform with the applicable technical regulations  or standards , taking 
into account of the risks non-conformity would create; 
Taking into account international practice for development and application of  conformity assessment 
procedures ; 
Identical requirements and conformity  assessment procedures  shall apply for products of domestic and 
foreign origin; 
Accessibility of  Conformity assessment procedures  for  producers  of products  originating in the  
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(by the time of accession) Reference  
to the WTO documents Reference to Draft Law of Ukraine 
"On Development and Application of Standards, Technical Regulations and  
Conformity Assessment Procedures" 
territories of countries with which a relevant international agreement  is in force and under conditions no 
less favourable than those accorded to producers  of like products  of Ukrainian origin or those 
originating in any other country. 
Article 42. Obligations of Designated Conformity Assessment Bodies  
The designated conformity assessment body shall ensure: 
Equal access to producers whether domestic or fore ign to conformity assessment procedures, in 
particular the possibility to perfor m conformity assessment at the s ite of facilities and to receive the 
national conformity mark;   
That the standard processing period of each conformity assessment procedure is published or that the 
anticipated processing period is comm unicated to the app licant upon request;  
Prompt examination of the application of interested party, as well as completeness of the documentation 
and informing the applicant in a precise and complete manner of all deficiencies; 
The results of the conformity assessment  are transmitted as soon as possible in a precise and complete 
manner to the applicant so that corrective action may be taken if necessary; 
Upon the request of the applicant, the conformity assessment body proceeds as far as practicable with 
conformity assessment, even when the application has de ficiencies, or is is informed of the stage of the 
procedure, with any delay being explained; 
Information requirements associated with conformity assessment procedures  are limited to what is 
necessary to assess conformity  and determine fees; 
The confidentiality of information about products , arising from or supplied in connection with 
conformity assessment procedures , whether from a domestic or foreign producer  or supplier , shall be 
respected in a manner that legitimate commercial interests are protected; 
Any fees imposed for assessing the conformity of products originating in the territories of other 
Members are equitable in relation to any fees chargeable for assessing the conformity of like products for domestic or foreign producers (suppliers), taking  into account communication, transportation and 
other costs arising from differences between locati on of facilities of the applicant and the conformity 
assessment body; 
The location of facilities used in conformity assessm ent procedures and the selection of samples shall 
not cause unnecessary inconvenience to applicants or their agents; 
If specifications of a product  are changed subsequent to the determination of its conformity  to the 
applicable technical regulations , the conformity assessment procedure  for the modified product , process  
or service  shall be limited to what is necessary to determine whether adequate confidence exists that the 
product still meets the technical regulations  of concerned.  
 WT/ACC/UKR/132 
Page 10 Commitments  
(by the time of accession) Reference  
to the WTO documents Reference to Draft Law of Ukraine 
"On Development and Application of Standards, Technical Regulations and  
Conformity Assessment Procedures" 
Article 45. Complaints Regarding Conformity Assessment Procedures  
A person , who applied for conformity  assessment, may appeal the actions and decisions of a conformity 
assessment body  by means of submitting an appeal to the commission for appeals established within 
conformity assessment bodies  or to the appeals commission of th e relevant central body of executive 
power or in compliance w ith the court procedure. 
If one party disagrees with the decision of the commission for appeals of a conformity assessment body, 
the decision may be appealed with the commission fo r appeals of the central body of executive power 
for conformity assessment issues. 
Any expenses incurred in resolution of the appeal sha ll be borne by the applican t. In the event that a 
second conformity  assessment  yields results different from that of the original conformity assessment , 
any fees paid by the app licant to the original conformity assessment body  shall be promptly refunded to 
the applicant. 
The typical provision of commissions for appeals, and the procedure of consideration and resolution of 
appeals shall be established and a pproved by the central body of executive power for for conformity 
assessment issues. 
(b) the prohibition of 
unnecessary obstacles to 
international trade and the 
consideration of less trade-restrictive 
alternatives to fulfilling 
legitimate objectives; (b) Articles 2.2, 3.1, 5.1, 5.2, 
7.1 
 Article 23. Goals and State Policy for Development and Application of Technical Regulations
 
The goal of development and application of technical regulations  is to protect human , animal and plant 
health and life, the environment and natural resources , national security, and prevent deceptive practices.  
The compliance of products, processes and services  placed in circulation  in Ukraine with technical 
regulations  is mandatory. 
State policy for developm ent and application of technical regulations  is based on the following 
principles: 
Requirements imposed by technical regulations  shall reflect the risk to consumers or the environment or 
natural resources that non-compliance of products, processes and/or  services  will create. In assessing the 
risk, relevant elements of consideration are, inter alia,  available scientific and technical information, 
related processing technology or intended end-uses of products, processes  and services ; 
Technical regulations  shall not be more trade-restrictive than necessary to meet th e goals specified in 
paragraph 1 of this Article;  
Technical regulations  shall not be maintained (kept) if the circumstances or objectives giving rise to 
their adoption no longer exist or if changed circumstances or objectives can be addressed in a less trade-
restrictive manner; 
Identical requirements shall be imposed for products of domestic and foreign origin when applying 
technical regulations ;  
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 Page 11Commitments  
(by the time of accession) Reference  
to the WTO documents Reference to Draft Law of Ukraine 
"On Development and Application of Standards, Technical Regulations and  
Conformity Assessment Procedures" 
The technical regulations  of Ukraine’s trading partners may be  accepted as equivalent to those of 
Ukraine even if such regulations differ, when it is determined that such regulations adequately fulfil the 
goals of Ukraine’s technical regulations . 
Article 38. Goal and State Policy for of Conformity Assessment  
State policy for conformity assessment is based on the following principles: 
Impartiality, transparency and accessi bility of conformity assessment  procedures and complete 
information on them for all interested parties; 
Conformity assessment shall not be more strict than is nece ssary to give adequate confidence that 
products , processes  and services  conform with the applicable technical regulations  or standards , taking 
into account of the risks non-conformity would create. 
(c) the ongoing review of 
technical regulations to 
ensure they are 
appropriate to achieve the desired legitimate 
objective; (c) Article 2.3, 3.1, 7.1 Article 23. Goals and State Policy for Development and Application of Technical Regulations
 
State policy for developm ent and application of technical regulations  is based on the following 
principles: 
Technical regulations  shall not be maintained (kept) if the circumstances or objectives giving rise to 
their adoption no longer exist or if changed circumstances or objectives can be addressed in a less trade-
restrictive manner. 
Article 35. Review of Adopted Technical Regulations  
The review of a technical regulation  shall be carried out by a relevant working group  prior to the 
expiration of a five-year period from the date of its publication in the Official Gazette. The relevant 
central body of executive power  shall publish in its official publication, [in the official publication of the 
central body of executive power for standardisation]  and, if necessary, other media, its views on the 
need to amend, modify or abolish the given technical regulation  along with a solicitation for comments 
on its views, and the address and period for submitting comments to the relevant central body of 
executive power . The period for submitting comments shall not be less than 60 days. 
Following the expiration of the period referred to in paragraph 1 of this Article, the working group  shall 
consider the comments and reach a conclusion concerning the need to amend, modify or abolish the 
technical regulation . 
Interested bodies and organisations and person s may submit proposals for the review of a technical 
regulation  to the central body of executive power for   legal regulation in the technical sphere issues, 
which shall process  them according to the provisions  of Article 29 of this Law. 
In case the Technical Regulations Council decides that amending or modifying of a technical regulation  
is necessary, the relevant central body of executive power  shall form or convene, as necessary, an 
working group .  
 WT/ACC/UKR/132 
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(by the time of accession) Reference  
to the WTO documents Reference to Draft Law of Ukraine 
"On Development and Application of Standards, Technical Regulations and  
Conformity Assessment Procedures" 
Amendments or modifications to the technical regulation  shall be elaborated and established as 
prescribed by Articles 30, 31 and 32 of this Law, and upon completion of the final draft technical 
regulation, the procedures referred to in Article 33 shall be undertaken. 
Those technical regulations  that have been reviewed but not amended, modified or abolished shall be 
identified in the registry by a mark that will be de termined by the central body of executive power for 
legal regulation in the technical sphere issues. 
Technical regulations  not reviewed within five-years from the date  of publication in the Official Gazette 
shall be deemed to be abolished. 
(d) the consideration of 
appropriate international 
standards, guides and recommendations as a 
basis for technical 
regulations and conformity assessment 
procedures; (d) Article 2.4, 3.1, 5.4, 7.1 Article 5. General Principles of Development of Standards, Technical Regulations and Conformity 
Assessment Procedures   
National standards , technical regulations  and conformity assessment procedures  shall be developed on 
the basis of: 
International and regional standards , if they exist or if their completion is imminent, except where they 
would be ineffective or inappropriat e due to, an insufficient level of protection or fundamental climatic 
or geographical factors or fundam ental technological problems or country specific characteristics, 
conditions and institutions; 
Standards , technical regulations  and conformity assessment procedures , or the relevant parts of them, 
from countries that are members in good standing of the relevant international or regional 
organisations , or with which a relevant international agreement  is in force, or with which a mutual 
recognition agreement regarding development and application of standards, technical regulations and 
conformity assessment procedures is in force;  
Scientific achievements, knowledge and practice. 
Article 30. Preparation of a Draft Technical Regulatio n 
The relevant central body of executive power , in cooperation with the central body of executive power 
for standardisation issues , shall provide the working  group  with information on the existence of 
appropriate national standards  or other standards  in the field to be regulated by the technical regulation , 
or the impending adoption of such, including the time frame for the adoption of such national or other  
standards , as well as information on the existence of appropriate international or regional standards  
and, when the latter do not exist, relevant standards and technical regulations  of other countries.  
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(by the time of accession) Reference  
to the WTO documents Reference to Draft Law of Ukraine 
"On Development and Application of Standards, Technical Regulations and  
Conformity Assessment Procedures" 
(e) the consideration of 
equivalent technical 
regulations of other 
Members; (e) Article 2.7, 3.1, 7.1 Article 23. Goals and State Policy for Development and Application of Technical Regulations  
State policy for developm ent and application of technical regulations  is based on the following 
principles: 
The technical regulations  of Ukraine’s trading partners shall be accepted as equivalent to those of 
Ukraine even if such regulations differ, when it is determined that such regulations adequately fulfil the 
goals of Ukraine’s technical regulations . 
Article 24. Authority of the Cabinet of Ministers of Ukraine  
The Cabinet of Ministers of Ukraine shall: 
Approve mutual recognition agreements rega rding equivalence of foreign and domestic technical 
regulations . 
Article 36. Procedure for Making a Decision Regarding the Equivalence of Foreign and Ukrainian Technical 
Regulations  
The equivalence of the technical regulations  of Ukraine and states and ot her subjects of international 
law that are participants of relevant international agreements  shall be assessed upon a proposal 
submitted to the central body of executive power for legal regulation in the technical sphere issues for 
such assessment by any interested party, whether dome stic or foreign. The proposal shall include a copy 
of the foreign technical regulation  translated into Ukrainian, identification of the relevant Ukrainian 
technical regulation  and sufficient information to demonstrate equivalence of the technical regulations .  
Evaluation of the equivalence of a foreign technical regulation  with a relevant Ukrainian technical 
regulation shall be based on legislated use of relevant international and regional standards ; analysis 
objectives of the foreign and domestic technical regulation ; and the level of protection afforded by the 
technical regulations . Equivalence shall not be denied sole ly because the means for meeting the 
objectives and the means of ensuring th e required level of protection differ.  
If the working group  concludes that the foreign technical regulation  is not equivalent to the relevant 
Ukrainian technical regulation , justification for the decision shall be prepared and the central body of 
executive power for legal regulation in the technical sphe re issues shall forward such justification to the 
interested party that submitted the proposal for equivalence. The interested party may appeal the decision by requesting evaluation of th e proposal and the justification of the working group  by the 
Technical Regulations Council. The decision of the Technical Regulations Council shall be basis for 
adoption for decision by the Cabinet of Ministers. 
Upon acceptance by the working group  of equivalence of a foreign technical regulation  to a Ukrainian 
technical regulation, the recommendation shall be forwarded to the Cabinet of Ministers of Ukraine for 
adoption. The decision shall be published promptly in the Official Gazette and be recorded in the 
registry of technical regulations .  
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(by the time of accession) Reference  
to the WTO documents Reference to Draft Law of Ukraine 
"On Development and Application of Standards, Technical Regulations and  
Conformity Assessment Procedures" 
(f) the acceptance of the 
results of conformity 
assessment procedures 
conducted by bodies in an exporting Member 
country; (f) Article 6, 7.1 Article 39. Authority of the Cabinet of Ministers of Ukraine 
 
The Cabinet of Ministers of Ukraine shall: 
Approve mutual recognition agreem ents regarding recognition of foreign conformity marks and 
certificates of conformity  for products , processes  and services , and membership of Ukraine in relevant 
certification systems. 
Article 40. Authority of the Central Body of  Executive Power for Conformity Assessment  Issues  
The central body of executive power fo r conformity assessment issues shall: 
Develop and propose, in accordance with current legislation of Ukraine, agreements with foreign 
countries and regional and international institutions and bodies regarding the mutual recognition of 
conformity marks and certificates of conformity  for compliance with technical regulations  for products , 
processes  and services . 
Article 44. Acceptance of Conformity Assessment Conducted Outside the Country  
Results of conformity assessment procedures, ( including certificates of conformity and other documents 
regarding results of testing of products) conducted outsid e of Ukraine, shall be accepted and recognized 
in Ukraine, according to international agreements on mutual recognition of the results of conformity 
assessment signed by the Cabinet of Ministers or central body of executive power for conformity assessment issues according to the legislation of Ukraine. 
When signing international agreements on mutual r ecognition of results of conformity assessment it is 
necessary to insure/verify: 
Adequacy and technical competence of  the relevant conformity assessment bodies of the party to the 
agreement; 
Ensuring by the conformity assessment body of the party to the agreement long-term reliability of their 
assessment results; 
Observance by the conformity assessment bodies of the party to the agreement of guidelines and 
recommendations of international and regional standardisation organisation ; 
Recognition of the results of co nformity assessment may be limited to acceptance of results of 
conformity assessment of certain  conformity assessment bodies of the party to the agreement; 
The conformity assessment results may be recognized without concluding relevant international 
agreements on mutual recognition when Ukraine and the party which requests recognition are members 
of international or regional conformity assessment organisations. The recognition of conformity assessment results shall be performed in accordance with procedures established by these international 
or regional organisations.  
  WT/ACC/UKR/132
 Page 15Commitments  
(by the time of accession) Reference  
to the WTO documents Reference to Draft Law of Ukraine 
"On Development and Application of Standards, Technical Regulations and  
Conformity Assessment Procedures" 
(g) non-discriminatory and 
cost-based fee structure. (g) Article 5.2, 7.1, 10.4 Article 43. Costs of Conformity Assessment  
Fees for conformity assessment procedures  performed by designated  conformity assessment bodies  shall 
be determined by the rules of determining the costs of conformity assessment work established by the 
Cabinet of Ministers of Ukraine. 
Fees for assessment of co nformity for compliance with  voluntary standards shall be established on 
contractual basis.   
6. Development and 
Application of Standards and Conformity 
Assessment Procedures: 
Existence of legal and/or administrative 
underpinnings (or " 
reasonable measures" as appropriate) to ensure 
ongoing compliance with 
provisions of the 
agreement concerning, in 
particular: 6. Article 4 and Annex 3, 
Article 8  
(a) non-discrimination with 
respect to the treatment of 
products; (a) Annex 3 (D), Article 8.1 Article 8. Goals and State Policy in the Sphere of Standardisation  
State policy for standardization  is based on the following principles: 
Adoption and implementation by standardising bodies in the territory of Ukraine of the Code of Good 
Practice for the Preparation, Adoption and Applica tion of Standards in Annex 3 of the World Trade 
Organisation Agreement on T echnical Barriers to Trade. 
(b) the prohibition of 
unnecessary obstacles to 
international trade; (b) Annex 3 (E), Article 8.1 Article 5. General Principles of Development of Standards, Technical Regulations and Conformity 
Assessment Procedures   
Standards, technical regulations  and conformity assessment procedures  shall not be developed, adopted 
or applied with a view to or with the effect of creating unnecessary obstacles to international trade.   
 WT/ACC/UKR/132 
Page 16 Commitments  
(by the time of accession) Reference  
to the WTO documents Reference to Draft Law of Ukraine 
"On Development and Application of Standards, Technical Regulations and  
Conformity Assessment Procedures" 
(c) the consideration of 
appropriate international 
standards, guides and 
recommendations as a basis for standards; (c) Annex 3 (F), Article 8.1 Article 8. Goals and State Policy in the Sphere of Standardisation
 
State policy for standardization  is based on the following principles: 
Priority of direct introduction in Ukraine of international and regional standards ; 
Compliance with international standardization  rules and procedures. 
Article 5. General Principles of Development of Standards, Technical Regulations and Conformity 
Assessment Procedures   
National standards , technical regulations  and conformity assessment procedures  shall be developed on 
the basis of: 
International and regional standards , if they exist or if their completion is imminent, except where they 
would be ineffective or inappropriat e due to, an insufficient level of protection or fundamental climatic 
or geographical factors or fundam ental technological problems or country specific characteristics, 
conditions and institutions; 
Standards , technical regulations  and conformity assessment procedures , or the relevant parts of them, 
from countries that are members in good standing of the relevant international or regional 
organisations , or with which a relevant international agreement  is in force, or with which a mutual 
recognition agreement regarding development and application of standards, technical regulations and 
conformity assessment procedures is in force. 
Article 14. Proposals for Conducting Standardisation Works  
When deciding on a proposal, the relevant technical committee for national standards  shall take into 
consideration the priorities for standardisation , the existence or impending adoption of relevant 
international and regional standards  as well as country specific knowledge and information, such as the 
geographic and climatic characteristics of the St ate, and the state of economic development. 
 Article 15. Preparation of the Wo rk Programme for Standardisation  
The standardisation  work programme shall serve to coordinate the development of national standards  
for various activities and harmonization of national standards  with international and regional 
standards . 
The central body of executive power for standardisation  issues shall make every effort to avoid 
duplication of, or overlap with, the work of international or regional standardisation organisations . 
The standardisation  work programme shall, for each standard , indicate the classification relevant to the 
subject matter according to a scheme of the international and regional standardisation organisations , 
the stage attained in the standard 's development, and the references of any international  standards  taken 
as a basis.    
  WT/ACC/UKR/132
 Page 17Commitments  
(by the time of accession) Reference  
to the WTO documents Reference to Draft Law of Ukraine 
"On Development and Application of Standards, Technical Regulations and  
Conformity Assessment Procedures" 
(d) non-discriminatory and 
cost-based fee structure. (d) Annex 3 (M), Annex 3 (P), 
Articles 8.1, 10.4 
 Article 20. Publication and Dissemination of Standards  
Publication and dissemination of documents of the relevant international and regional organizations of 
which Ukraine is a member is conducted by the central body of executive power for standardisation  and 
organisations involved in standardisation  on the grounds of their statutes. 
To provide information to interested partie s, the central body of executive power for standardisation  
shall function as the national information centre of  the international information network for standards 
(ISONET) and maintain a catalogue of national standards . 
Bodies and organisations that develop and adopt standards  that are likely to create barriers to foreign 
trade shall provide copies of draft and adopted standards  to the central body of executive power for 
standardisation , which has the right to disseminate this information to interested parties through the 
national information centre of ISONET. 
Information services shall be provided by means of publication of official texts of standards, information 
and reference publications as well as their dissemination via information networks either upon one’s own discretion or on request. 
Article 57. Main Functions Enquiry and Notifications Centre 
 
The enquiry and notifications centre  shall have the following functions: 
Responding to or coordinating the response to enquiries from domestic and foreign interested parties 
regarding national standards, technical regulations , and c onformity assessment procedures;  
Receiving and disseminating to relevant central bodies of ex ecutive power and subjects of 
entrepreneurial activity notifica tions prepared by other countries regarding their standards, technical 
regulations and conformity assessment procedures  ;  
Preparation and forwarding comments on notifications prepared by other countries regarding their 
standards, technical regulations and conformity assessment procedure;  
Providing information on the membership and participation of Ukraine in the international and regional 
standardization organisations  and conformity  assessment systems, as well as in bilateral and multilateral 
agreements governing the deve lopment and application of standards, technical regulations and 
conformity assessment procedures ; 
Providing the location of notices published pursuant to this Law or information as to where such 
information can be obtained; 
Providing the location of the enquiry and notifications centre ,if it is decided to establish several such 
centres; 
Other services requested by users;  
 WT/ACC/UKR/132 
Page 18 Commitments  
(by the time of accession) Reference  
to the WTO documents Reference to Draft Law of Ukraine 
"On Development and Application of Standards, Technical Regulations and  
Conformity Assessment Procedures" 
Enquiry and Notification Centre at the request of foreign party shall provide translation of the documents to the official language of the international organizations, the in case of voluminous documents, 
summaries of such documents; 
Any fees charged for copies of documents and translation to the official language of the documents 
requested by interested parties shall be the same for domestic and international parities, except for the 
real cost of delivery of such documents. 
 
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