RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/UKR/138 
29 March 2006 
 (06-1453) 
Working Party on the 
Accession of Ukraine Original:   English 
 
 
 
ACCESSION OF UKRAINE 
 
Questions and Replies on Sanitary and Phytosanitary Measures (SPS)  
 
 
 The following submission, dated 27 March 2006, is being circulated at the request of the 
Delegation of Ukraine.   
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 WT/ACC/UKR/138 
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  Question 1 
Thank you providing information regarding the Harmonization Program for Ukraine.   We would like to comment and follow up on a few questions pertaining to this program and its 
function. 
In WT/ACC/UKR/128, you note that "Codex does not have food standards for all food 
commodities. In the circumstance where the re is no Codex standard, the mandatory 
requirements will prevail if it is reasonably  equivalent to the requirements of other WTO 
member countries for the same product."  The use of  the word "reasonably" is inappropriate as 
it is not possible to define it in a manner su itable for the purposes of the SPS Agreement.  
Requirements will either be equivalent or not, and the equivalence should be determined by a 
transparent process that is available for public  review and comment.  Does the Ukraine have 
documentation available describing the Ukrain ian process for determining equivalence?   
Answer:
 
We confirm deleting the word "reasonabl y" from the SPS Harmonization Programme.  
The process of comparing Ukraine food safety sta ndards with Codex Alminetarius Standards was 
initiated in September 2005.  Thus far, the Team est ablished at the Institute of Toxicology and Eco-
Hygiene has completed the following:  
1. Procurement of the following documents and translation of most of them:  
− Codex Maximum Residue Levels for Pesticides; 
− Codex Guideline Levels for Methylmercury in Fish (CAC/Gl 7-1991); 
− Codex Guideline Levels for Vinyl Chloride  Monomer and Acrylonitrile in Food and 
Packaging Material (CAC/GL 6-1991);  
− Codex Maximum Level for cadmium in cer eals, pulses and legumes (CAC/GL 39/2001);  
− Codex Maximum Levels for cadmium (CODEX STAN 248-2005); 
− Codex Maximum Level for patulin in apple ju ice and apple juice ingredients and other 
beverages (CODEX STAN 235-2003); 
− Codex Maximum Level for lead (C ODEX STAN 230-2001, Rev. 1-2003); 
− Information on ADIs relative to pesticides residue (Report of the 1975 Joint FAO/WHO 
Meeting on Pesticide Residue, FAO Plant Production and Protection Series No.1); 
− Methods of Analyses of Pesticides Residue (Analysis of Pesticide Residues: 
Recommended Methods CODEX STAN 229-1993, Rev.1-2003); 
− Pesticide Analytical Manual, Food and Drug Administration, Washington, D.C., USA 
(3rd edition); 
− Chemistry Laboratory Guidebook, United Stat es Department of Agriculture, Food Safety 
and Inspection Service, Science Program, Washington, D.C., USA; 
− General Methods of Analysis for Contam inants CODEX STAN 228-2001, Rev. 1 2004; 
− Recommended Methods of Analysis and Sampling CODEX STAN 234-1999; 
− Maximum Residue Limits for Veterinary Drugs in Food (CAC/MRL 2 REV. 2005) (Two 
tables: by commodities and by veterinary drugs); 
− Analysis of Pesticide Residues:  Portion of Commodities to which CODEX MRLs Apply 
and which is Analyzed (CAC/GL 41 REV. 1993); and 
− Submission and evaluation of pesticide resi due data for the estimation of maximum 
residue levels in food and feed  (Manual F ood and Agriculture Organization of the United 
Nations, Rome, 2002).  WT/ACC/UKR/138 
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  2. Comparison of Ukrainian mandatory food saf ety parameters for pesticides with Codex 
Maximum Residue Levels for Pesticides.  Up to  this date, about 70 per cent of all mandatory 
food safety parameters for pes ticides have been compared.  
3. Comparison of Ukrainian mandatory food safet y parameters for mycotoxins with relevant 
Codex standard.  Up to this date, about 90 per cent of all mandatory parameters for 
mycotoxins have been compared. 
Comparative review of Ukrainian mandatory food safety parameters for food additives, flavourings, 
heavy metals, radionuclides, microbiological indicat ors, veterinary preparations, antibiotics and 
vitamins against the relevant Codex standa rds is expected to start in March 2006. 
Ukraine expects to complete this comparative re view during Summer 2006.  Based on the results of 
this comparative review, Ukrainian food safety parame ters which are the same as Codex Alimentarius 
will remain.  A measure will be considered equivale nt if it achieves the same level of human health 
protection. 
For those which have higher protection than Codex,  it will be decided then whether to replace them 
with Codex or undertake a risk assessment to justif y.  For those which exis t in Ukraine but not in 
Codex, Ukraine will eliminate or undertake a risk as sessment to justify.  In both cases, Ukraine will 
allow a period for review and commenting in accord ance with the new Law on Quality and Safety of 
Food Products which conforms to the WTO SPS Agreement requirements. 
Question 2 
We note that in the first phase, Ukraine plans to accept Codex standards on a provisional basis 
pending the outcome of their comparative review of national and Codex standards.  When do 
you expect the program of comparative review for food safety requirements for all 
imported/exported food products for human consumption and food raw materials to be 
completed?  Will Ukraine accept these standard s upon their accession to the WTO?  Will 
Ukraine also accept other international standa rds, guidelines, and recommendations (OIE, 
IPPC) upon accession to the WTO? 
Answer:  
The program of comparative review for food saf ety requirements for all imported/exported food 
products for human consumption a nd food raw materials is expected to be completed in Summer 
2006.    
Ukraine will accept by the date of accession the Code x Standards as well as OIE and IPPC standards, 
guidelines, and recommendations. 
Question 3 Ukraine also notes that "Should the mandato ry requirements provide a higher level of 
protection than those of other WTO countries, consideration will be given to revising these 
requirements or to perform a risk assessment to determine if scient ific justification is supportive 
of the level of protection."  Ukraine should either provide scientific justification for its measures 
in place or adopt the relevant international stan dards.  Why is Ukraine only considering such 
actions?  Ukraine should either revise the requi rements to meet WTO obligations or undertake 
a risk assessment to justify the measure.   WT/ACC/UKR/138 
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  Answer:
 
Ukraine accepts to replace:  1. "Should the mandatory requirements provide a higher level of protection than those of 
other WTO countries, consideration will be gi ven to revising these requirements or to 
perform a risk assessment to determine if scien tific justification is supportive of the level 
of protection."   
With:   2. "Should the mandatory requirements provide  a higher level of protection than those of 
other WTO countries, Ukraine w ill revise these requirements to  meet WTO obligations or 
undertake a risk assessment to justify the measure." 
Question 4 We expect that all measures of the OIE, CODE X and IPPC would be provisionally implemented 
upon accession to the WTO.  Currently, it is no t explicit whether or not Ukraine can adopt all 
CODEX, OIE and IPPC standards, guidelin es, and recommendations, per the WTO SPS 
agreement upon accession. 
Answer:
 
Please see reply to previous questions. 
Question 5 
Under Item B, Animal Health, the document notes that "A thorough review of the measures 
governing the administration of control pro cedures and requirements for handling domestic 
and imported live animals and animal products  has been prepared."  Is this available for 
review?  Are there going to be changes made to  the administration of control procedures and 
requirements for handling domestic and imported live animals and animal products as a result 
of this review?  Will those changes be  notified and available for comment?  
Answer:  
Ukraine revised the import requirements for animals and animal products. Order of State Department 
of Veterinary Medicine No. 36 dated 25 April 2005 achieved greater compliance with animal health 
standards of the International Office of Epizootic (OIE) and the SPS Agreement.  An English copy of 
this Order will be provided in English. 
Ukraine plans to make further improvements to the administration and control procedures and 
requirements for handling domestic and import live anim al and animal products in order to bring them 
into full conformity with the recommendations a nd guidelines of OIE.  These draft changes, once 
prepared, will be notified and available for comment s in accordance with the relevant provisions in 
the new law on veterinary medicine which are fully compliant with the WTO SPS Agreement. 
Question 6 
Can Ukraine provide more detail about the food safety requirements that will be harmonized 
throughout the three phases of the program? What standards are already equivalent to  WT/ACC/UKR/138 
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  international standards, guidelines, and recomm endations or standards of other WTO members 
and which will need to be harmonized? Please be as specific as possible. 
Answer:  
Please see the reply to the first question above.   
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