3.115.  Since its last Review, Ukraine has continued to update and modernize its SPS regime. Efforts in this area were largely driven by Ukraine's commitment under the Association Agreement with the European Union to "approximate" its SPS legislation to that of the European Union.[289] According to the authorities, as at end-2023, Ukraine had fulfilled 82% of its obligations regarding the approximation of SPS legislation. All SPS legal acts adopted during the Soviet era lost their validity from 1 January 2017.[290]

3.116.  The Ministry of Agrarian Policy and Food has policy competence on plant health, animal health, animal welfare, veterinary medicine, food safety, products of animal origin, animal identification, and registration and organic production; the Ministry of Health on food safety, and veterinary and other issues with an impact on public health such as the safety and approval of additives, maximum residue levels, food contact materials, and microbiological criteria; and the Ministry of Environmental Protection and Natural Resources on GMOs, pesticides, and agri-chemicals. The State Service of Ukraine for Food Safety and Consumer Protection (SSUFSCP), which operates under the Cabinet of Ministers, implements SPS policies, including import controls. The SSUFSCP, created in 2015 to consolidate SPS control activities in a single agency, became fully operational during the period under review.[291] The Codex Contact Point for Ukraine is the L.I. Medved's Research Center of Preventive Toxicology, Food and Chemical Safety of the Ministry of Health.[292]

3.117.  The authorities note that the preparation of draft SPS measures relating to food safety, veterinary, and phytosanitary matters is the responsibility of dedicated working groups established by the competent ministry and comprising relevant authorities from public administration and external experts, including representatives of scientific institutions, laboratories, professional organizations, and non-governmental organizations. Draft SPS measures are subject to the public consultation provisions applying to draft regulation generally (Section 3.3.2.2)

3.118.  Under the Law "On Basic Principles and Requirements for Food Safety and Quality", all draft sanitary measures "that are not in line with international standards, or for which no international standards exist, or which are expected to significantly affect the export capacity of the interested trading partners", must be notified to the WTO at least 60 days before the final draft of the measure in question is developed.[293] Comments received after the communication and publication of proposed new or amended sanitary measures must be taken into account "on a non‑discriminatory basis before adopting such measures".[294] Urgent sanitary measures can be taken prior to WTO notification, which must happen without delay. Phytosanitary and veterinary measures are subject to the same provisions.[295]

3.119.  The Ministry of Economy is Ukraine's SPS notification authority and enquiry point. During the WTO SPS Committee meeting held in March 2024, Ukraine informed its trading partners about work to update its legislative framework with the goal of improving internal coordination for the fulfilment of its WTO transparency obligations, including the recent adoption of a decree to facilitate cooperation between its national notification authority and other relevant bodies.[296]

3.120.  SPS measures must be based on (i) scientific principles and existing scientific evidence; and (ii) international standards, guidelines, or recommendations.[297] Ukraine is a member of the World Organisation for Animal Health (WOAH, founded as OIE), the International Plant Protection Convention (IPPC), the European and Mediterranean Plant Protection Organization (EPPO), and the Codex Alimentarius Commission. In response to a question posed during Ukraine's previous Review, the authorities stated that where European SPS standards differ from international standards, Ukraine gives priority to the use of international standards.[298]

3.121.  In the absence of international standards, guidelines, or recommendations, or where such instruments are deemed insufficient to ensure an adequate level of human health protection, sanitary measures must be developed based on risk assessment.[299] When the "scientific grounds" to carry out risk analysis are insufficient or in case of urgent circumstances, measures must be developed based on "existing relevant information from relevant international organizations or sanitary measures applied by interested trading partners".[300] To ensure that sanitary measures are applied "only to the extent necessary" to protect human health, the legislation also stipulates that sanitary measures (including those taken in emergency situations) must be reviewed and updated if new scientific evidence becomes available or substantial comments are received from Ukraine's trading partners.[301] Legislation provides for a similar approach regarding the development of veterinary measures.[302] Regarding phytosanitary measures, the legislation stipulates that the development and review of phytosanitary measures must be carried out "on the basis of […] the results of risk analysis conducted according to the methodology developed by international organizations, and information received from international organizations used by interested trading partners".[303]

3.122.  Imported (and domestic) food must meet the requirements set out in Ukraine's food safety legislation and food quality parameters. Food of animal origin, feed of animal origin, hay, straw, and animal by-products may only be imported from an establishment included in the "Register of Countries and Establishments from which Importation (Forwarding) of Products to the Customs Territory of Ukraine is Allowed".[304] The Register can be consulted on SSUFSCP's website.[305] Products of animal origin from establishments included in registers approved by the European Commission may also be imported into Ukraine.[306] Requests to be included in the Register are assessed by SSUFSCP based on risk analysis. Imports of live animals and their reproductive material are allowed from establishments that SSUFSCP has found to comply with Ukrainian legislation, or when an equivalence agreement exists between Ukraine and the exporting country.[307] The "List of Countries and Establishments from which Imports of Live Animals and their Reproductive Material are Allowed" is also available via the official website of the SSUFSCP.[308] Under Article 20 of the Law "On Seeds and Planting Material", seeds and planting material may be imported into Ukraine only if they belong to a variety listed in the Register of Plant Varieties of Ukraine, which can be consulted online.[309]

3.123.  The SSUFSCP is responsible for carrying out SPS controls. In doing so, the authorities state that the SSUFSCP follows a risk-based approach. According to the authorities, physical inspection rates for shipments of food and feed of animal origin range between 20% and 50%. For imports of food and feed of non-animal origin (for which no register system is applied), about 5% of shipments are subject to physical inspection

3.124.  In conducting border checks, SSUFSCP officials may decide to subject imports to further controls (such as laboratory analysis) or treatment, based on the risk profile of a particular consignment. Laboratory tests for SPS control purposes (including at the border) are conducted by accredited laboratories authorized by the SSUFSCP. Resolution of the Cabinet of Ministers No. 10 of 10 January 2019 approved the procedure and criteria for authorizing accredited laboratories, including reference laboratories, for official control purposes. The fees charged for SPS controls are regulated and cannot exceed the cost of the service.[310] According to published sources, Ukraine's capacity in terms of laboratory staffing, equipment, and accreditation is "generally satisfactory".[311] The authorities note that between 3% and 5% of shipments of food and feed are subject to laboratory analysis

3.125.  Due to the ongoing war, Ukraine has modified certain SPS procedures, including those related to phytosanitary import controls.[312] Ukraine has suspended phytosanitary testing and analysis of certain imports, which under martial law are subject exclusively to a visual check unless (i) the required phytosanitary certificate is missing; (ii) a discrepancy is found between the phytosanitary certificate and the actual consignment; or (iii) a visual check reveals infection or damage by regulated pests. The products affected by this measure comprise those under HS chapters 07 (edible vegetables and certain roots and tubers); 08 (edible fruit and nuts; peel of citrus fruit or melons); 09 (coffee, tea, maté and spices); 10 (cereals); 11 (products of the milling industry; malt; starches; inulin; wheat gluten); and 12 (oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder)

3.126.  Imports of plants and plant products must have a phytosanitary certificate issued by the plant protection authority of the exporting country. Seeds and pesticides imported into Ukraine must be registered, as must importers of such products. An international veterinary certificate is required to import live animals, products of animal origin (not intended for human consumption), reproductive material, biological products, pathological material, and veterinary drugs and substances. An "international certificate", along with the "general veterinary import document" is required to import food products of animal origin, animal feed, hay, straw, and animal by‑products.[313] The form for the general veterinary import document has been approved by the Cabinet of Ministers and is available online.[314] The forms for the international certificates that must accompany specific imports from trading partners are also available online.[315] No international certificate is required to import food and feed of non-animal origin, according to the authorities. Only previously registered food additives and flavourings, veterinary medicines, and feed additives can be imported. During the period under review, Ukraine phased out its compulsory certification scheme for domestic and imported food, which was described in Ukraine's previous Review.[316]

3.127.  Ukraine intends to adopt the European Union's platform for issuing animal and plant health certification for imports, known as TRACES. In March 2024, Ukraine informed the WTO SPS Committee about its progress in implementing the IPPC ePhyto solution with support from national and international donors.[317]

3.128.  Food market operators are subject to traceability requirements, which apply to domestically produced, imported, and exported food.[318] They must be able to identify both their immediate suppliers and customers under a so-called "one-step forward, one‑step back" traceability requirement. According to the authorities, ongoing work towards the implementation of a state register of food facilities (available through the state portal Diia) will facilitate the traceability of food products.[319]

3.129.  Imports of meat and meat products treated with previously registered growth‑promoting veterinary drugs are permitted subject to the maximum residue limits established by the Codex Alimentarius Commission. According to the authorities, no growth-promoting veterinary drugs have been registered in Ukraine

3.130.  Ukraine prohibits imports of genetically modified organisms (GMOs) that have not been duly registered in accordance with the Law "On the State Biosafety System for the Establishment, Testing, Transport and Use of Genetically Modified Organisms", as well as products manufactured with the use of GMOs. During the period under review, Ukraine overhauled its legal framework on GMOs through the adoption of the Law "On State Regulation of Genetic Engineering Activities and State Control Over the Circulation of Genetically Modified Organisms and Genetically Modified Products to Ensure Food Safety".[320] The new Law seeks to align Ukraine's GMO legislation with that of the European Union. The Law, due to enter into force on 26 September 2026, envisages a permanent ban on GMO corn and a temporary ban until September 2031 on GMO sugar beet and rapeseed. The Law also defines requirements for the use of labels referring to GMOs. Products with more than 0.9% of GMOs by weight will have to be labelled as "containing GMO". Under the new Law, separate registers will be created for GMO-based agricultural plant varieties, animal breeds, and GMO sources in food and feed, and applications to register GMOs will be made publicly available. The Ministry of Health, Ministry of Environmental Protection and Natural Resources, and the Ministry of Agrarian Policy and Food will be responsible for implementing different aspects of the new Law, along with the newly created Interdepartmental State Commission on GMO Risk Assessment and the Scientific and Methodological Centre for GMO Testing

3.131.  Ukraine has continued to notify regularly SPS measures to the WTO SPS Committee. Between 1 April 2016 and 1 April 2024, Ukraine submitted 175 notifications, including revisions to regular notifications and appendices (but not corrections). Of these, 108 were new SPS notifications, including 6 emergency notifications. In 19 notifications, Ukraine specified that the notified measure conformed to the relevant international standard; in 4, that the notified measure did not conform to the relevant international standard; and in 5, that the notified measure was trade-facilitating.[321]

3.132.  During the same period, two specific trade concerns were raised in the WTO SPS Committee against Ukraine. The concerns in question relate to restrictions imposed on pork imports from Brazil following the outbreak of classical swine fever in the Brazilian state of Ceará in 2018, and import restrictions due to bovine spongiform encephalopathy.[322]

3.100.  The Law "On Metrology and Metrology Activity"[275], which came into force in January 2016, is the main legislation on metrology. The Law seeks to align Ukraine's legal framework on metrology with EU law and international standards, and to establish a separation between entities performing regulatory, control, and economic activities in respect of metrology.[276] Ukraine has four national metrology institutes, one of which (Kharkiv) has reportedly sustained heavy damage because of the war.[277] There are also seven SOEs that carry out metrological activities and services, including calibration. Ukraine is a full member of the International Organization of Legal Metrology (OIML), the General Conference on Weights and Measures, and an Associate Member of the European Association of National Metrological Institutes

3.101.  The Law "On Technical Regulations and Conformity Assessment"[278], which entered into force in February 2016, and its implementing legislation govern the development, adoption, and application of technical regulations and conformity assessment procedures. Ukraine's overarching priority in this area is to ensure that Ukrainian goods comply with the regulatory requirements to access the EU market. To this end, Ukraine has developed the Action Plan for the Development of the Technical Regulation System for the Period up to 2025.[279]

3.102.  Technical regulations that contain conformity assessment procedures must be adopted by laws or acts of the Cabinet of Ministers. Technical regulations that do not provide for the application of conformity assessment procedures may be approved by acts of the relevant central executive authority or the Security Service. According to the authorities, under Ukraine's regulatory policy, regulatory bodies must prepare annual plans of regulatory activity. The plans must be approved by 15 December of the year before the plan's implementation and must be published on the Internet or printed in a mass-circulation medium

3.103.  Under the Law "On Technical Regulations and Conformity Assessment", draft technical regulations are subject to public comment for a period of at least 60 days.[280] Any interested person, including foreigners, may submit comments on draft technical regulations. Draft technical regulations and conformity assessment procedures are published for public consultation on the official website of the central executive authority responsible for their development. The minimum period between the publication of a technical regulation and its entry into force must be at least six months. Draft technical regulations are subject to regulatory impact analysis to assess their effects on key national interests, including their impact on international trade, investment flows (including foreign investments), Ukraine's position in global rankings, and the fulfilment of international obligations, according to the authorities. The authorities also note that technical regulations based on relevant EU legislation are exempt from regulatory impact analysis

3.104.  Under the EU-Ukraine Association Agreement, Ukraine must align its product legislation, institutions, and standards with those of the European Union in key sectors. Once the alignment process is complete, the Association Agreement envisages the negotiation of an Agreement on Conformity Assessment and Acceptance of Industrial Products (ACAA). Under a future ACAA, which is a type of mutual recognition agreement, Ukraine would be able to place industrial products covered by the ACAA on the EU single market on the same terms as an EU member State, that is, without the need for further testing or conformity procedures

3.105.  During the period under review, Ukraine continued to adopt technical regulations based on relevant EU Directives. At the same time, the Ministry of Economy approved "Rules for the Formation of Lists of National Standards for the Purposes of Applying Technical Regulations".[281] In line with this, ministries approved a several standards lists, including on low-voltage electrical equipment; electromagnetic compatibility of equipment; machinery; general product safety; equipment and protective systems intended for use in potentially explosive atmospheres; restrictions on the use of certain hazardous substances in electrical and electronic equipment; toy safety; lifts; pressure equipment; personal protective equipment; and legally regulated measuring instruments. Products and related production processes or methods that conform to the national standards specified in those lists are presumed to be in conformity with relevant technical regulations applicable to such products and related production processes or methods

3.106.  In general, conformity assessment procedures to ensure compliance with technical regulations are specified in technical regulations. They may include first-, second-, or third-party conformity assessment. Technical regulations also specify when a product subject to conformity assessment must carry a mark of conformity, which must be affixed by the manufacturer or its authorized representative

3.107.  The type of certification required depends on factors such as risk and product characteristics. As Ukraine continued to increase its use of risk-based certification during the period under review, the list of products subject to Ukraine's "mandatory certification regime" was gradually shortened and eventually abolished in January 2018. Ukraine's mandatory certification regime was described in the previous Review and covered goods without regard for their risk level.[282]

3.108.  The procedure for the recognition of foreign conformity assessment results is governed by the Law "On Technical Regulations and Conformity Assessment". Under this Law, the results of conformity assessments conducted abroad are recognized and accepted in Ukraine if they ensure the same (or higher) level of compliance with the relevant technical regulations as the conformity assessment in Ukraine (and even if the foreign and Ukrainian conformity assessment procedures differ). Ukrainian conformity assessment bodies are authorized to recognize and accept the results of conformity assessment procedures conducted abroad only if the foreign conformity assessment body has been duly accredited and has concluded an agreement on the recognition of conformity assessment results with the Ukrainian conformity assessment body. Moreover, the national accreditation bodies that accredit the conformity assessment bodies in Ukraine and abroad must be members of an international or regional accreditation organization or must have concluded a mutual recognition agreement with such an organization for the relevant types of conformity assessment activities. The Ukrainian conformity assessment body remains solely responsible for issuing the relevant conformity document under its own responsibility, irrespective of whether it relies on the results of conformity assessment conducted by a foreign accredited conformity assessment body

3.109.  The authorities note that Ukrainian conformity assessment bodies have concluded agreements on mutual recognition of conformity assessment results with conformity assessment bodies of Bulgaria, China, Czech Republic, Denmark, Germany, Italy, the Republic of Korea, Latvia, Norway, Poland, Slovak Republic, Spain, Sweden, Türkiye, and the United Kingdom

3.110.  Ukraine's accreditation system is governed by the Law "On Accreditation of Conformity Assessment Bodies"[283], which came into force in June 2001. The National Accreditation Agency of Ukraine (NAAU) is Ukraine's national accreditation body and operates under the jurisdiction of the Ministry of Economy. NAAU is responsible for accreditation of testing and calibration laboratories; management system certification bodies; personnel certification bodies; inspection bodies; product, process, and service certification bodies; professional test providers; and verification bodies. As at September 2024, there were 1,102 accredited conformity assessment bodies (717 testing laboratories; 53 medical laboratories; 38 calibration laboratories; 64 certification bodies of management systems; 16 certification bodies of persons; 113 certification bodies for products, processes, and services; 112 inspection bodies; 7 verifiers; and 5 professional test providers).[284] NAAU is a category A member of the European Cooperation for Accreditation (EA) and a signatory to the EA Multilateral Agreement. NAAU is also a full member of the International Laboratory Accreditation Co-operation (ILAC) and a member of the International Accreditation Forum (IAF)

3.111.  The State Service on Food Safety and Consumer Protection conducts state market surveillance of products listed in the "List of Products for which State Market Surveillance Authorities Conduct State Market Surveillance".[285] In recent years, market surveillance has been performed only in exceptional circumstances in line with martial law. More specifically, between March 2022 and September 2024, state market surveillance measures to ensure compliance with relevant technical regulations was limited to household non-directional lamps, low‑voltage electrical equipment, electromagnetic compatibility of equipment, and machinery.[286] In September 2024, the Cabinet of Ministers partially reinstated routine inspections by market surveillance authorities for certain types of non-food products that may pose potential risks to consumers. These products include children's toys, elevators and elevator equipment, electrical and electronic devices, heaters, and other goods.[287]

3.112.  The Ministry of Economy serves as Ukraine's enquiry point under the WTO TBT Agreement. Ukraine has continued to notify regularly draft technical regulations and conformity assessment procedures to the TBT Committee. Between 1 April 2016 and 1 April 2024, Ukraine submitted 327 notifications, including revisions and addenda to regular notifications (but not corrigenda). Of these, 183 were new notifications

3.113.  Based on the International Classification for Standards (ICS), new notifications submitted during the period under review were mostly in the areas of food technology (ICS 67 with about 14% of new notifications for which an ICS sector was identified[288]); domestic and commercial equipment, entertainment, and sports (ICS 97 with 11% of notifications); agriculture (ICS 65 with 10% of notifications); health care technology (ICS 11 with 10% of notifications); environment, health protection, and safety (ICS 13 with 10% of notifications); fluid systems and components for general use (ICS 23 with 9% of notifications); electrical engineering (ICS 29 with 7% of notifications); and chemical technology (ICS 71 with 7% of notifications)

3.114.  In addition, Ukraine has regularly submitted updates to its notification on the implementation and administration of the WTO TBT Agreement. No specific trade concerns were raised in the TBT Committee regarding Ukrainian measures during the period under review

3.92.  During the period under review, Ukraine has continued to take important steps to modernize and update its quality infrastructure system. The authorities consider that a robust quality infrastructure system is needed to increase the competitiveness of Ukrainian products in global markets. A major focus of Ukraine's work on quality infrastructure is on aligning its systems of standardization, metrology, technical regulations, conformity assessment, accreditation, and market surveillance with those of the European Union. To this end, Ukraine has continued to repeal outdated "technical standards" inherited from the Soviet era while gradually transposing European standards into national standards; adopting technical regulations based on EU legislation and international standards; and introducing administrative and institutional reforms to align its system of standardization, metrology, accreditation, conformity assessment, and market surveillance with that of the European Union. During the period under review, Ukraine also abolished a costly and burdensome mandatory certification scheme that applied to certain goods irrespective of their level of risk

3.93.  The Law "On Standardization"[263], which came into effect in 2015, is Ukraine's main legislation on standardization. As part of Ukraine's efforts to modernize and upgrade its quality infrastructure system, the authorities note that since 2015, Ukraine has amended 125 laws to align them with the Law "On Standardization"

3.94.  The Ministry of Economy has policy competence on standardization. The State Enterprise Ukrainian Scientific, Research and Training Center on Standardization, Certification, and Quality Problems (UkrNDNC) serves as the national standardization body.[264] In areas covered by the Law "On Standardization", national standards are developed and adopted by UkrNDNC. In areas not covered by the Law "On Standardization", national standards may be developed and adopted by other entities, including the Ministry of Education (educational standards), Ministry of Finance (accounting standards), Cabinet of Ministers (property valuation standards), and the military standardization body (military standards). UkrNDNC has notified that it has accepted the Code of Good Practice contained in Annex 3 to the WTO Agreement on Technical Barriers to Trade.[265] UkrNDNC prepares an annual work programme, which is available online (in Ukrainian only).[266]

3.95.  Under the Law "On Standardization", the development of national standards is carried out by technical committees created by UkrNDNC and must follow the requirements contained in the Law and relevant standards.[267] Among the key principles are that national standards not create technical barriers to trade and be based on international and regional standards.[268] National standards must be adopted by consensus and the opportunity to comment on draft national standards must be generally provided.[269] Notices of draft and approved standards are published online in UkrNDNC's official bulletin[270] and, in paper format, in the "Standards" journal. The application of national standards is voluntary unless made mandatory by a legal act.[271]

3.96.  Pursuant to the Law "On Standardization", responses to comments on draft national standards received from foreign standardization bodies, and international or regional standardization organizations that adhere to the WTO Code of Good Practice must be provided "in a short time, but not later than the date of adoption".[272] The response should contain an explanation of the need to deviate from international or regional standards

3.97.  According to data provided by the authorities, in February 2024, Ukraine had 45,625 national standards, of which 66% were harmonized with European standards and 18% with international standards. The authorities note that efforts continue to align the remaining 3,439 national standards with European and international standards. Areas with the highest number of standards include food production technologies (923 standards); agriculture (701 standards); and environment, health, and safety (329 standards). There were 165 active technical committees working on standardization. UkrNDNC maintains online catalogues of national standards and technical committees.[273] This website is available in Ukrainian only

3.98.  During the period under review, Ukraine has continued to abolish so-called "GOST standards" (Gosudarstvenny standard) used in post-Soviet states. According to the Ministry of Economy, 12,090 GOSTs had been repealed by January 2019.[274] Most of the 1,173 remaining GOST standards have also been repealed since then. As at September 2024, 115 GOST standards remained in force. The authorities note that the GOST standards that remain in force relate to Ukraine's defence needs, and that compliance with them is mandatory

3.99.  UkrNDNC became an affiliate member of the European Committee for Standardisation (CEN) and the European Committee for Electro-technical Standardisation (CENELEC) in January 2023, and an observer to the European Telecommunication Standards Institute (ETSI) in 2018. Ukraine is a full member of the International Electro-technical Commission (IEC) and the International Organisation for Standardisation (ISO). UkrNDNC has bilateral cooperation agreements with the standardization bodies of Austria, Azerbaijan, Canada, China, Cyprus, Czech Republic, France, Georgia, Germany, Lithuania, the Republic of Moldova, Poland, Serbia, Sweden, Türkiye, and the United States