RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/UKR/110/Corr.1
18 March 2003
(03-1586)
Working Party on the
Accession of UkraineOriginal:  English
ACCESSION OF UKRAINE
Check-list of Issues
Corrigendum
In relation to document WT/ACC/UKR/110, the Governmental Commission on Ukraine's
Accession to the WTO has submitted the following information, with the request that it be circulated
to members of the Working Party.
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− Page 76, response to comment No. 43, the last sentence should read:
The texts of the laws in Ukrainian and in English are placed on the Derzhspozhyvstandart
web-page ( www.dstu.gov.ua ).
− Page 76, response to comment No. 44 should be replaced with the following text:
The revised Action Plan on Measures in the Area of TBT with comments on the
implementation thereof is attached (Annex No.6).
The priority nature of introduction of international and regional standards in Ukraine is one of
the main principles of the State policy in the area of standardization (Article 5 of the Law "On
Standardization").  The drafting of the normative acts (standards) is regulated by Articles 11-13 of the
Law of Ukraine "On Standardization".  The National Standard DSTU 1.7-2001 "Rules and Methods
of International and Regional Standards Acceptance and Application" came into effect last year.
The drafting of sectoral national standards harmonized with international and European ones
are envisaged in the Annual State Standardization Pl ans.  Thus, the State Standardization Plan for
2002, which was approved by the Order of Derzhstandart No. 206 of 2 April 2002, comprises 1,339topics, out of which 1,138 provide for the development of national standards harmonized with
international and European standards, in particular:  ISO-466, IEC-128, EN-403, other ND – 141.
Because there was insufficient funding the Plan of Standardization for 2003 consists of the works
unfinished during 2001-2002.
With respect to the harmonization of Ukrainian standards, including harmonization with
international standards, as of 20 January 2003, 1,090 national standards effective in Ukraine have
been harmonized with international and European standards.  457 standards were adopted in 2001,
340 – in 2002.  As set forth by the Presidential Decrees on facilitation of the WTO accession process,
the annual obligation of drafting and adoption is not less than 500 harmonized standards.
The national standard DSTU 1.7-2001 "Rules and Methods of Adoption and Implementation
of International and Regional Standards" came into effect last year.
− Page 79, first line, second paragraph of the response to comment No. 47 should be replaced
with the following text:
The first part including bibliographic and full-text database of national standards of Ukraine
will be introduced during 2003.
− Page 81, response to comment No. 50 should be replaced with the following text:
The tasks of introduction of technical regulations, standards, certification procedures and
requirements to marking according to the EU ru les and practice, and thus - according to the
commitments before the WTO, are set forth in the Program of Ukraine's integration into the EU,
annual plans of work on adaptation and plans for the State standardization, Program of Measures for
Completion of Ukraine's Accession to the WTO.
A producer's right to make a choice between different conformity assessment procedures is
envisaged by the Law of Ukraine "On Conformity Assessment", which took effect on 20 June 2001.
Articles 8 and 9 of the Law contain provisions regarding assessment and declaration of conformity in
accordance with contemporary European practices.WT/ACC/UKR/110/Corr.1
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Based on decision 93/465 of the EU Council, Ukraine has prepared a draft technical
regulation on modules of conformity assessment procedures and principles on the affixation of
national conformity markings, which should be used in technical regulations on conformity
assessment.  The text of the draft is similar to the text of the directive to the maximum extent possible.
Section 3.1 envisages the use of Module A (internal production control), i.e. conformity declaration.
A draft technical regulation was approved by European experts at the TACIS-Bistro Project
(BIS/99/072/20).
In addition to this draft, another ten draft technical regulations based on the EU Directives of
the New Approach have been prepared, namely:
− on conformity assessment for the safety of toys;
− on conformity assessment for equipment operating under pressure;
− on conformity assessment for simple vessels operating under pressure;
− on conformity assessment for electromagnetic compatibility;
− on conformity assessment for the safety of low-voltage equipment;
− on conformity assessment for maximum permitted amount of power consumed by
refrigerating devices;
− on conformity assessment for non-automated weighing devices;
− on conformity assessment for the safety of gas appliances;
− on conformity assessment for the safety of boilers operating on liquid fuel; and
− on conformity assessment for lifts.
These drafts are currently under consideration by the Cabinet of Ministers of Ukraine.These drafts have been placed on the web page of the Derzhspozhyvstandart
www.dstu.gov.ua .
The introduction of the "modular approach" is provided for by the Law of Ukraine "On
Conformity Assessment", which took effect on 20 June 2001.  The text of the law is available in theUkrainian and English languages at the web page of the Committee www.dstu.gov.ua .
Articles 8 and 9 of the law contain provisions on assessment and declaration of conformity in
accordance with contemporary European practices.
Requirements to the conformity assessment procedures for specific types of products (see
answer to the question B) are established in the draft technical regulations analogous to the existingapproach to the said products in the EU.
The Resolution "On Revoking the Decision of the Supreme Rada of Ukraine on the Adoption
of the Draft Law of Ukraine on the Responsibility of  the Supplier for Manufacturing and Sale of Low-
Quality and Hazardous Products" No.461-IV was adopted by the Supreme Rada of Ukraine,
16 January 2003.  The Cabinet of Ministers will prepare and introduce to the Supreme Rada the draft
laws of Ukraine on the responsibility for defective goods and on general goods' safety.
The first texts of the above draft laws, which follow closely the European Directives 85/374
and 2001/95 respectively, are already prepared.  The interested central bodies of the executive power
approved the draft documents. The documents are placed on the Committee's web-page
www.dstu.gov.ua .  Currently, further work is required to consider the comments received.
Up to now, the Derzhspozhyvstandart has updated the list of products that are subject to
compulsory certification in Ukraine.  A new version of the list has been developed, which has takenWT/ACC/UKR/110/Corr.1
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into account recent changes in the legislative and regulatory framework, and 15 low-risk products
have been struck off from this list.  A relevant Decree of "Derzhspozhyvstandart" was registered with
the Ministry of Justice of Ukraine on 25 September 2002 under number 782/7070.  The list is posted
in the Committee's web-site www.dstu.gov.ua .
The customs clearance of products removed from the list shall be carried out pursuant to
effective law governing specific products.
Products, for which conformity certificate (conformity recognition certificate) are mandatory,
are marked with a letter "C" in the list of products (respectively the Commodity Nomenclature of
Foreign Economic Activity), whose access to the Ukrainian market is subject to regulation by the
State. The other products on this list, which are not marked with a letter "C", shall not be subject to
the compulsory certification requirements.
Article 16 of the PCA and Article V ІІІ of the GATT 1994 contain provisions as to the
correspondence of import- and export-related fees and formalities, in particular with respect to
certificates.
In pursuance of provisions of Article 19 "Remuneration for Works on Conformity
Assessment" of the Law of Ukraine "On Conformity Assessment", the Cabinet of Ministers of
Ukraine adopted Resolution No. 458 of 11 April 2002 on approval of the Rules for Determining theCost of Works on Conformity Assessment, which was developed by the Derzhspozhyvstandart.  It has
incorporated the principles of proportionality determined by provisions of the PCA and GATT 1994.
The Rules apply both to domestic and foreign customers.  The text of Resolution No. 485 of the
Cabinet of Ministers of Ukraine of 11 April 2002 was published in the "Standardization, Certification,
Quality" Magazine No. 2 (2002) and placed on the web page of the Derzhspozhyvstandartwww.dstu.gov.ua .
Order No. 188 of the Derzhspozhyvstandart of 29 March 2002 "On Informational Resources
of the Register of the UrkSEPRO State Certific ation System" approved a temporary procedure for
using official information, which is placed on a web-server, on certified products and refusals to issue
certificates as well as a list of organizations - users of official information of the Register.  The StateCustoms Service is included in the said list.
A testing of the web page on the Internet is nearing completion.
The State Register Service maintains close contact with the respective customs services
through phone and written queries.
Draft documents related to import are placed on the web page of the Derzhspozhyvstandart
www.dstu.gov.ua .
The Derzhspozhyvstandart, which acceded to the Fair Practices Code on Development,
Adoption and Application of Standards in 1997, complies with the provisions of Article 10 of ТВТ
Agreement and Sections J, L, M of the Code governing the provision of information on technical
regulations, standards and conformity assessment procedures.
Draft technical regulations are placed on the web page of the Derzhspozhyvstandart
www.dstu.gov.ua .
A technical action program on standardization is a dopted twice a year. It is placed on the web
page of the Derzhspozhyvstandart www.dstu.gov.ua  and published in Bulletin on Informational
Materials on Standardization, Metrology and Certification that is run by the Derzhspozhyvstandart.WT/ACC/UKR/110/Corr.1
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A catalog of national standards of Ukraine is published yearly and monthly - an information
index "Standards" containing information on standards, changes etc. adopted during a month.  Said
publications may be bought in the Ukrainian Science and Research Institute of Standardization,
Certification and Informatics.
As to separate standards, exhaustive information may be obtained at the ТВТ  "enquiry point"
(Ukrainian Science and Research Institute of Standardization, Certification and Informatics
(UrkSRISCI) of the Derzhspozhyvstandart, Gork ogo St., MPS, Kyiv, 03680; tel.:+380 44 268 24 77,
fax + 380 44 268 70 80, E-mail:  ndi@issi.kiev.ua).
Draft laws and ministry rules, technical regulations, orders, decisions of collegiums, work
plans and other news in operation of the Derzhspozhyvstandart are published in "Standardization,
Certification, Quality" Magazine that is circulated quarterly (subscription index 22567).
The WTO "enquiry point" was created in pursuance of Resolution No. 84 of the Cabinet of
Ministers of Ukraine of 1 February 1995.  The implementation of current objectives that are set before
it calls for significant financial resources, which may not be allocated from the State Budget.
Technical assistance is required to ensure its functioning pursuant to the requirements of the
WTO and the International Information Network ISONET.
A web page of the Derzhspozhyvstandart has been placed on the Internet www.dstu.gov.ua
where one may find the Laws of Ukraine "On Conformity Assessment", "On Standardization", "On
Accreditation of Conformity Asse ssment Bodies" (in Ukrainian, Russian and English languages), the
list of products (services) that are subject to compulsory certification in Ukraine, adopted regulatory
and legal acts related to the implementation of provisions of new laws, draft technical regulations on
conformity assessment as they are developed, and the technical action program on standardization inUkraine.
For the implementation of the assignment of the Cabinet of Ministers of Ukraine of
1 August 2002 as to the preparation of the next round of negotiations on issues of Ukraine's accession
to the WTO, the Ministry of Economy provided a Plan of Measures in the Area of Technical
Regulation aimed at resolving issues specified in this question.  These measures comprise thepreparation and submission to the Secretariat of the Interdepartmental Commission of information on
operation of the ТВТ  "enquiry point" on a regular basis.
For purposes of avoiding the duplication of controlling functions by central agencies of the
executive power and introduction of the conformity  assessment procedure with respect to products
imported into Ukraine pursuant to the requirements of the WTO Agreement on Technical Barriers to
Trade, the Derzhspozhyvstandart by agreement with the Ministry of Economy, the Ministry of Health
Care, the Ministry of Agrarian Policy, the State Customs Service, the Ministry of Finance and theMinistry of Justice has developed a draft law on amending certain laws of Ukraine.
The Law of Ukraine "On Amending Certain Legisl ative Acts of Ukraine" was adopted in the
second reading on 20 February 2003.
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