Ukraine’s agricultural policy measures are formulated in a number of major laws and decisions. The law “On State Support of Agriculture in Ukraine”, adopted in 2004, defines priorities and measures of agricultural policy. The “Concept of Rural Development in Ukraine”, approved in 2015, provides priorities for the development of rural areas in Ukraine until 2025. Ukraine’s policies are increasingly influenced by the Association Agreement with the European Union, ratified by Ukraine in 2014. Finally, the financial scope of agricultural policies is defined in the annual law “On State Budget of Ukraine”. Relative to 2018, this increased by about 15% in nominal terms in 2019.
Ukraine’s legislation provides for a range of instruments to intervene in agricultural markets. These include tariff protection, non-tariff trade regulation, and various forms of domestic price measures. The state agency Agrarian Fund can implement domestic price interventions through the operation of the State Intervention Fund. Initially dealing only with grain, the Agrarian Fund has become progressively involved in other activities, such as sugar sales from public stocks; state purchases and sales of a broad range of agricultural and food products; forward-contracting; flour processing and wholesaling.
For purchases by the Agrarian Fund, the law “On State Support of Agriculture in Ukraine” provides for the setting of official minimum and maximum intervention prices, covering commodities that are “objects of state regulation”, although the maximum prices have not been applied. Specific government decrees define the exact list of such products and the periods during which these administered prices are applied. Minimum prices do not play a role of guaranteed prices but represent a basis for decisions on commodity purchases for public stocks, and are regarded as a floor-price reference for private market operators. Minimum intervention prices should not exceed domestic market price levels to comply with the Ukraine’s WTO domestic support commitment. While until 2016 the Agrarian Fund has continued to procure and sell limited amounts of grains under this mechanism, since the 2016/17 marketing year no budgetary funds have been allocated to state interventions, and corresponding minimum intervention prices have not been set.
Agricultural producers are eligible for a Single Tax,11 which is set as a percentage of agricultural land value, established on 1 July 1995 and adjusted since with the general consumer price index. Introduced in 1998, the Single Tax originally replaced twelve taxes for which agricultural enterprises were liable as business entities. The scope of this tax have been narrowing since then. At present, the Single Tax replaces three taxes – profit tax, land tax (for land used in agricultural production), and special water use fee – with agricultural producers liable to all other taxes previously included in the Single Tax . The Single Tax regime generates implicit tax benefits to agricultural producers which for recent years were estimated to be around UAH 4.3 billion (USD 158 million) annually.
Since 2002, a moratorium on the sale of agricultural land bans selling farmland in Ukraine, although leasing for cultivation is permitted. The moratorium has been extended annually until and including 2019. It was not formally extended into 2020, but pending the adoption of the Law on Agricultural Land Turnover, the sale and purchasing of agricultural land in Ukraine continues to be legally impossible.
On 27 June 2014, the European Union and Ukraine signed the Deep and Comprehensive Free Trade Area (DCFTA) as part of their Association Agreement. It was provisionally applied from 1 January 2016 and formally entered into force on 1 September 2017. The liberalisation of trade between the European Union and Ukraine is to be implemented within a transition period of seven to ten years. The European Union opens tariff rate quotas for duty-free imports for Ukraine’s principal agro-food products, such as grain, meat and milk products, and sugar, and grants free access for the others. Ukraine reduced import duties for a number of goods imported from the European Union. About 40% of agriculture-related import duties were reduced to zero immediately after the Agreement entered into force, and around a half of import duties will be eliminated during the transition period. However, about 10% of tariff lines – covering selected products in such product categories as dairy and eggs, sugar, miscellaneous edible products, animal oils and fats, and feeding stuff for animals – will preserve non-zero tariffs. Since 1 January 2016, Ukraine applies three tariff rate quotas (TRQs) with zero in-quota tariffs for imports from the European Union of pig meat, poultry meat and poultry meat preparations, and sugar, respectively. The parties committed to apply no export subsidies for mutually traded agricultural goods.
The DCFTA incorporates fundamental WTO rules on non-tariff barriers, such as prohibition of import and export restrictions and disciplines on state trading. The main barrier for trade integration remains Ukraine’s difficulty in complying with EU food safety, veterinary and phytosanitary requirements. Thus, the DCFTA contains provisions for technical regulations, standards and conformity assessments to harmonise with those of the European Union, as well as for technical co-operation in the field of technical regulations, standards and related issues between Ukraine and the European Union. In line with these provisions, the “Comprehensive Strategy of Implementing Legislation on Sanitary and Phytosanitary Measures” was approved in 2016 and provides for a process of harmonisation of Ukraine’s SPS legislation with EU requirements.
Other Free Trade Agreements of Ukraine include the FTA with the European Free Trade Association (EFTA) in force since June 2012, the multilateral FTA with the Commonwealth of Independent States (CIS)12 in force since August 2012 as well as bilateral ones with all CIS members, and the Canada-Ukraine FTA, in force since August 2017.
Ukraine signed the Paris Agreement of the United Nations Framework Convention on Climate Change in April 2016, and ratified it in September 2016. Through its Nationally Determined Contribution, Ukraine committed to total emissions across sectors, including agriculture, not exceeding 60% of those in 1990 (equivalent to not exceeding 140% of those in 2012). In December 2016, the Cabinet of Ministers of Ukraine (CMU) adopted the National Concept of State Policy in the Field of Climate Change up to 2030. The “Strategy for Low Carbon Development of Ukraine up to 2050” (SLCD) was approved by the Cabinet of Ministries of Ukraine in July 2018. The SLCD defines a co-ordinated approach by various parties concerned and provides a national vision for separating economic growth and social development from the increase of greenhouse gas emissions. The Action Plan for the implementation of this Concept was approved by the CMU in late 2018 (see below). In addition, the Ministry of Agrarian Policy and Food (MAPF) (since 29 August 2019: Ministry of Economic Development, Trade and Agriculture, MEDTA) is developing measures to improve environmental practices related to the adaptation of agriculture and forestry to climate change, in line with the obligations under the Association Agreement with the European Union.
While amounts of support differed from year to year, most measures providing financial support targeted to specific activities continued in 2019. These include various measures providing preferential credits, the partial compensation of costs for agricultural machinery and equipment, the compensation of farmers for agricultural advisory services and, importantly, the single tax regime, a simplified tax system based on normative monetary land values resulting in annual tax benefits estimated at more than UAH 4 billion (USD 155 million).
For livestock producers, continued support measures also include: interest rate support for livestock husbandry and breeding; the partial reimbursement of costs related to the construction and reconstruction of animal farms and complexes; per head payments for cows to agricultural enterprises and for young cattle to rural households; and a partial compensation to agricultural producers purchasing high breeding animals, semen and embryos.
On the crop side, support continued in the form of seed cost compensation, reimbursements for different types of on-farm investments and debt repayments.
In contrast, the VAT accumulation system, which had provided significant support to agricultural producers through unpaid VAT, was discontinued in 2017, and a one-year “Development Subsidy” with similar characteristics was provided only in that year. Since 2018, this form of support has no longer been provided, with agricultural producers now integrated into the economy-wide VAT system.