NOTIFICATION PURSUANT TO ARTICLE III:3 OF THE
GENERAL AGREEMENT ON TRADE IN SERVICES

The following notification from the delegation of Ukraine, dated 27 May 2024, is being circulated to Members of the Council for Trade in Services.

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1  MEMBER NOTIFYING:

Ukraine

2  NOTIFICATION UNDER:

Article III:3 of the General Agreement on Trade in Services

3  DATE OF ENTRY INTO FORCE:

18 August 2022. The Law shall be enacted 30 months after the termination of martial law.

3.1  Duration:

Indefinite

4  AGENCY RESPONSIBLE FOR ENFORCEMENT OF THE MEASURE:

Ministry of Health of Ukraine

5  DESCRIPTION OF THE MEASURE:

Full title of the Law:

The Law of Ukraine No 2469‑IX "On Medicines" of 28 July 2022

Brief summary of the content with a focus on the potential effect on services trade:

Article 80 of the Law relates to brokerage (brokerage activities, trade intermediaries) in the circulation of medicines. It outlines the responsibilities of legal entities or individual entrepreneurs engaged in these activities. Specifically, brokerage (brokerage activities, trade intermediaries) in the circulation of medicines shall be carried out by legal entities or individual entrepreneurs registered in Ukraine and listed in the Register of brokers specializing in this field. These legal entities or individual entrepreneurs are authorized to carry out activities related to the sale of only those medicines that are registered in Ukraine in accordance with the established procedures and are included in the State Register of Medicines.

The Law also specifies requirements for the distance selling of medicines. Article 81 of the Law outlines the conditions under which a business entity holding a license for retail trade of medicines can engage in electronic retail trade, which includes order reception, packaging, storage, delivery of ordered medicines, and the release of medicines to the end consumer.

Article 82 of the Law regulates pharmaceutical practice carried out by pharmaceutical health professionals, staff of healthcare facilities and their structural units such as feldsher points, feldsher‑midwife points, rural hospitals, district hospitals, outpatient clinics and family medicine/general practice facilities located in rural areas lacking pharmacies. It also specifies that pharmaceutical practice, pharmaceutical care and pharmaceutical services by entities engaged in retail trade of medicines shall be carried out in compliance with the requirements of good pharmacy practice (GPP), which is approved by the Ministry of Health as a branch standard in the form of a guideline.

6  MEMBERS SPECIFICALLY AFFECTED, IF ANY:

None

7  TEXTS AVAILABLE FROM:

Official website: https://zakon.rada.gov.ua/laws/show/2469-20#Text (available in Ukrainian)

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