   
  
G/SPS/N/UKR/174  
 
3 June 2022  
(22-4265) Page: 1/2 
Committee on Sanitary and Phytosanitary Measures  Original: English  
 
  NOTIFICATION  
1. Notifying Member:  UKRAINE  
If applicable, name of local government involved:   
2. Agency responsible:  Verkhovna Rada of UKraine  
3. Products covered (provide tariff item number(s) as specified in national 
schedules deposited with the WTO; ICS numbers should be provided in addition, 
where applicable):  Agricultural products of plant origin, pesticides and agrochemicals, 
organic products  
4. Regions or countries likely to be affected, to the extent relevant or practicable : 
[X] All trading partners   
[ ] Specific regions or countries:   
5. Title of the notified document:  Law of Ukraine No 2246 "On amendments to some laws 
of Ukraine on uninterrupted production and supply of agricultural products during martial 
law" of 12 May 2022 . Language(s):  Ukrainian . Number of pages:  4 
https://zakon.rada.gov.ua/laws/show/2246 -20#Text  
6. Description of content:  The Law provides for:  
1) simplification of phytosanitary requirements for export, import and movement of 
agricultural products of plant origin through the territory of Ukraine, in particular the 
possibility of drawing up a phytosanitary certificate in electronic form;  
2) during marti al law and within 90 days after its termination or cancellation:  
− expansion of the list of entities that can take samples and conduct phytosanitary 
examination, in particular, the introduction of a simplified order of authorization of 
private laboratories a nd the possibility of taking samples by specialists of such 
laboratories, as well as certification auditors (agronomical inspectors);  
− giving the ability to reissue the phytosanitary certificate;  
− simplification of procedures for submitting documents for state registration of 
pesticides and agrochemicals in order to approximate the legislation of Ukraine to 
the legislation of the European Union, in particular the provisions of Regulation 
(EC) No 396/2005 in terms of the requirement to have a conclusion of sanitary and 
epidemiological expertise;  
− expansion of the list of agrochemicals allowed to import to Ukraine, production, 
trade, use and advertising without state registration;  
3) possibility for Ukrainian producers of organic products, which are  produced according 
to EU standards, to move to Ukrainian production standards without additional 
transitional period (if it happens within one certification body);  
4) regulating within three years from the date of termination or cancellation of martial 
law import (sending) of goods subject to documentary checks, compliance checks and 
physical checks carried out at the checkpoints (points of control) through the state 
border of Ukraine;  
5) exclusion provisions that prohibit import to Ukraine of goods with live an imals in 
transit through countries where there are cases of dangerous diseases according to the 
list of OIE, to which the animals concerned are susceptible;  G/SPS/N/UKR/174  
 
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  6) postponing the enactment of the Law of Ukraine "On Veterinary medicine" for one year 
after terminat ion or cancellation of martial law, but no later than 1 January 2024.  
7. Objective and rationale: [X]  food safety, [  ] animal health, [ X] plant protection, 
[X] protect humans from animal/plant pest or disease, [  ] protect territory from 
other damage from pests.   
8. Is there a relevant international standard? If so, identify the standard:  
[ ] Codex Alimentarius Commission (e.g.  title or serial number of Codex 
standard or related text) :  
[ ] World Organization for Animal Health (OIE) (e.g.  Terrestrial or Aquatic 
Animal Health Code, chapter number) :  
[X] International Plant Protection Convention (e.g.  ISPM number) : ISPM No 12, 
ISPM No 45  
[ ] None  
Does this proposed regulation conform to the relevant international standard?  
[ ] Yes   [ X] No 
If no, describe, whenever possible, how and why it deviates from the 
international standard:   
The Law complies with the requirements of ISPM No 12;  
There are some discrepancies with ISPM No. 45 in particul ar with regard to carrying out 
audits for delegation of authority to a third party organization (subparagraph 5.1), since 
the authorization of private laboratories takes place under a simplified system during 
martial law and within 90 days from the date of  its termination or cancellation. At the 
same time, according to part seven of Article 13 of the Law of Ukraine "On Plant 
Quarantine" phytosanitary examination (analysis) in cases expressly provided by 
international treaties and/or foreign economic agreeme nts (contracts) are carried out by 
state phytosanitary laboratories, belonging to the NPPO.  
9. Other relevant documents and language(s) in which these are available:  Laws of 
Ukraine "On Veterinary Medicine"; "On State Control over Compliance with Legislat ion on 
Food, Feed, By -products of Animal Origin, Animal Health and Welfare"; "On Plant 
Quarantine"; "On Plant Protection"; "On Pesticides and Agrochemicals"; "On Basic 
Principles and Requirements for Organic Production, Circulation and Labeling of Organic 
Products"; "On Ensuring Sanitary and Epidemic Welfare of Population"  (available in 
Ukrainian)  
10. Proposed date of adoption (dd/mm/yy) : Law was adopted on 12 May 2022.  
Proposed date of publication (dd/mm/yy) : Law was published on 26 May 2022.  
11. Proposed date of entry into force: [  ] Six months from date of publication , and/or  
(dd/mm/yy) : Law enter ed into force on 27 May 2022.  
[ ] Trade facilitating measure   
12. Final date for comments: [  ] Sixty days from the date of circulation of the 
notificat ion and/or (dd/mm/yy) : Not applicable  
Agency or authority designated to handle comments: [X]  National Notification 
Authority, [X]  National Enquiry Point. Address, fax number and e -mail address (if 
available) of other body:   
13. Text(s) available from: [X ] National Notification Authority, [X]  National Enquiry 
Point. Address, fax number and e -mail address (if available) of other body:   
 