Committee on Import Licensing - Agreement on import licensing procedures - Notification under article 5.1 to 5.4 of the Agreement - Ukraine

Agreement on import licensing procedures

Notification under Article 5.1 to 5.4 of the Agreement[1]

Ukraine

The following communication, dated 16 April 2025, is being circulated at the request of the delegation of Ukraine.

 

 

Category

Notification details

1

Notifying Member

Ukraine

2

Title of new legislation/ procedure

The Resolution of the Cabinet of Ministers of Ukraine No. 352 "On Amendments to the Licensing Conditions for Conducting Business Activities for the Production of Medicines, Wholesale and Retail Trade in Medicines, and Import of Medicines (except for Active Pharmaceutical Ingredients)" of 28 March 2025

3

Date of Publication

29 March 2025

4

Date of entry into force

29 March 2025

5

Website link/Official publication of the new regulation/procedure

https://zakon.rada.gov.ua/laws/show/352-2025-%D0%BF#Text

6

Have you attached a copy of the regulation (PDF) to the Secretariat

[ ] Yes. (Please attach a copy of the regulation to the notification.)

 

[X] No.

7

Type of notification

[X] (a) New licensing regulation/procedure[2]; (please answer question 8 to 14)

 

[ ] (b) Changes to a regulation/procedure which has been previously notified in document: (please answer question 15 and 16)

8

List of products subject to licensing

30 (HS-22) Pharmaceutical Products

9

Nature of licensing

Automatic:           [ ]

 

Non-Automatic:        [X]

10

Administrative purpose/measure being implemented

(a)

                             

Protect public morals;

(b)

                             

Protect human, animal or plant life and health; protect environment;

(c)

                             

Collect trade statistics or market surveillance;

(d)

                             

Protection of patents, trademarks and copyrights, and the prevention of deceptive practices;

(e)

                             

Pursue obligations under the UN Charter and other international treaties (i.e. CITES, Basel Convention, Rotterdam Convention, UNSC Resolutions etc.)

(f)

                             

Quota (including TRQ) administration;

(g)

                             

Regulate imports of arms, ammunition or fissionable materials and safeguard national security;

(h)

                             

Other: ______________ (please specify)

11

Administrative body(ies) for submission of applications

State Service of Ukraine on Medicines and Drugs Control

Address: 120-A Beresteiska Avenue, Kyiv 03115

Website: https://www.dls.gov.ua

Telephone: +380 (44) 422-55-77

Email: dls@dls.gov.ua

12

Contact point for information on eligibility

State Service of Ukraine on Medicines and Drugs Control

Address: 120-A Beresteiska Avenue, Kyiv 03115

Website: https://www.dls.gov.ua

Telephone: +380 (44) 422-55-77

Email: dls@dls.gov.ua

13

Expected duration of licensing procedure

Ongoing

14

A summary of the notification in one of the WTO official languages

The Resolution has been adopted to align the Licensing Conditions for Conducting Business Activities for the Production of Medicines, Wholesale and Retail Trade in Medicines, and Import of Medicines (except for Active Pharmaceutical Ingredients)" (hereinafter - the Licensing Conditions) with the provisions of the Law of Ukraine of 16 July 2024 No. 3860 "On Amendments to Certain Laws of Ukraine Regarding Parallel Import of Medicines".

Clause 78 of the Law of Ukraine of 28 July 2022 No. 2469 "On Medicines" (as amended by the Law of Ukraine No. 3860), specifically stipulates that parallel import of medicines shall be carried out by a business entity — a parallel importer — holding both a license for the import of medicines in accordance with the Licensing Conditions and a permit for parallel import of medicines.

The amendments to the Licensing Conditions, approved by the Resolution of the Cabinet of Ministers of Ukraine No. 352 of 28 March 2025 include, in particular:

·_        the introduction of definitions for "parallel importer" and "parallel import of medicines";

·_        a clarification that parallel import of medicines is carried out by parallel importers holding a license for conducting business activities related to the import of medicines (excluding active pharmaceutical ingredients), and a permit for parallel import, obtained in accordance with the procedure established by law;

·_        the addition of a new section "Requirements for parallel import" to the License Conditions.

15

In the case of 7(b), please indicate the type of new change(s)

(a)

                             

Termination

(b)

                             

Suspension

(c)

                             

Modification of specific details in existing

procedures:

                             

Product coverage;

                             

Administrative purpose;

                             

Automatic or Non-automatic;

                             

Duration of licensing;

                             

Change the nature of quantity/value restriction;

                             

Eligibility of applicants;

                             

Contact information on eligibility;

                             

Administrative body(ies) for submission of application;

                             

Documentation requirements (including application form);

                             

Period for Application;

                             

Administrative body(ies) to issue licence;

                             

Processing time for issuing licence;

                             

Licence fee/administrative charge;

                             

Deposit/advance payment and relevant conditions;

                             

Appeal regulations/procedures;

                             

Validity of licence;

                             

Other conditions of licence (extension, transferability, penalty of non-use etc.);

                             

Foreign exchange requirements;

                             

Other:

16

Please elaborate the changes in detail (in one of the WTO official languages)

 

__________



[1] It is understood that the notifying Member has also completed its notification obligations under Article 1.4(a) and Article 8.2(b) regarding the relevant law/regulation/procedure notified for by filling this form in a full and complete manner.

[2] "New licensing regulation/procedure" is understood to refer to any newly introduced law, regulation or procedure, and those which are in force but being notified for the first time to the Committee.