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Ukrainian Pharmaceutical Market Monthly
Upharmacia
Macroeconomic Environment | Market &
Companies News | Regulatory Updates |
Healthcare News
Issue: 02 2016
UPharma Consulting is a consulting company, operating in the healthcare and pharma
sectors. Our clients - pharmaceutical companies, pharmacy chains, distributors, investment
funds, banks, and other stakeholders in the healthcare sector.
UPharma Consulting, Kiev
www.upharma-c.com / mailbox@upharma-c.com
Page 2
Ukrainian Pharmaceutical Market Monthly: February 2016
2015 2016
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
MACROECONOMIC INDICATORS
Q1 Q2 Q3 Q4
GDP (bn USD) 17.353 20.795 25.552
GDP growth, % y-o-y -51% -35% -26%
Export of goods (bn USD) 2.98 2.99 3.45 3.07 2.94 3.09 3.15 3.09 3.35 3.23 3.13 3.36 2.04
Export growth, % y-o-y -32% -37% -32% -39% -41% -30% -34% -22% -22% -23% -21% -11% -31%
Import of goods (bn USD) 3.01 2.86 3.17 2.86 2.63 2.76 2.98 3.88 3.24 3.22 3.07 3.12 2.23
Import growth, % y-o-y -34% -41% -35% -38% -46% -37% -34% -2% -30% - 27% -27% -32% -26%
Industrial production sales (bn USD) 6.01 4.56 5.51 5.91 5.65 5.79 5.71 5.42 5.72 6.29 5.92 6.37 4,93
Industrial production growth, % y-o-y -41% -54% -45% -33% -38% -35% -33% -23% -20% -21% -19% -17% -18%
Retail turnover of enterprises (bn USD) 1.97 1.44 1.61 1.66 1.94 1.83 1.94 1.88 1.86 2.04 1.80 2.01 1.60
Retail turnover growth, % y-o-y -50% -61% -56% -40% -35% -38% -41% -32% -38% -31% -33% -29% -19%
Unemployment rate 2.0 2.0 1.9 1.8 1.8 1.7 1.6 1.6 1.5 1.5 1.6 1.9 1.9
Average salary (USD) 218 148 166 176 193 202 202 194 199 207 193 223 180
OFFICIAL CURRENCY EXCHANGE RATE
UAH/USD 15.8 24.5 23.3 22.7 20.9 21.2 21.8 21.6 21.8 21.8 23.3 23.4 24.3
UAH/EUR 18.5 27.8 25.3 24.5 23.3 23.8 23.9 24.0 24.5 24.6 25.1 25.4 26.3
PHARMACEUTI CAL INDUSTRY INDICATORS
Export of pharma products (mio USD) 11.79 12.05 13.37 13.46 13.00 15.36 13.85 9.01 13.79 12.2 11.7 15.77 8.31
Pharma Export growth, % y-o-y -1% -42% -50% -44% -39% -39% -6% -54% -47% -37% -52% -28% -30%
Import of pharma products (mio USD) 90.2 114.5 103.3 103.7 84.2 115.0 106.5 93.3 121.1 147.1 141.3 142.1 103.7
Pharma Import growth, % y-o-y -49% -47% -67% -36% -60% -44% -47% -47% -31% -28% -24% -42% 15%
Pharma retail sales, values (mio USD) 239.8 177.0 197.6 180.0 193.0 177.7 172.6 177.1 193.2 206.3 196.6 212.3 198.9
Retail sales in values growth, % y-o-y -41% -54% -47% -40% -28% -29% -32% -24% -28% -26% -20% -18% -17%
Pharma retail trade, volumes (mio units) 132.4 143.9 141.5 122.6 124.5 118.4 119.5 122.5 126.7 130.2 129.0 136.4 133.6
Retail sales in volumes growth, % y-o-y -21% -15% -21% -20% -11% -9% -10% -8% -11% -5% -4% -5% 1%
WACP, USD 1.95 1.81 1.24 1.41 1.47 1.52 1.48 1.45 1.52 1.58 1.52 1.56 1.49
WACP growth, % y-o-y -21% -22% -40% -27% -23% -21% -23% -18% -19% -22% -18% -14% -23%
CPI of Ukraine 128.5 134.5 145.8 160.9 158.4 157.5 155.3 152.8 151.9 146.4 138.1 134.6 131.9
Pharma products CPI 149.2 155.5 170.3 164.7 159.5 153.5 151.8 149.4 145.8 142.1 146.6 143.3 140.3
Local companies share, values, % 38.7 38.5 39.6 40.7 41.5 41.7 41.8 41.4 41.4 41.4 41.7 40.9 42.3
Local companies share, volumes, % 74.9 75.2 77.1 77.6 77.6 77.9 78.4 78.2 76.5 75.7 75.8 76.7 75.6
MACROECONOMIC ENVIRONMENT
Description of the indicators:
Macroeconomic Indicators
GDP (Gross Domestic Product) is an aggregate measure of production equal to the sum of the gross
values added of all resident, institutional units engaged in production (plus any taxes, and minus
any subsidies, on products not included in the value of their outputs) calculated in current prices.
Converted from UAH to USD in accordance with an average official NBU exchange rate in the
corresponding period. Hereinafter: excluding the temporarily occupied territory of the Autonomous
Republic of Crimea and City of Sevastopol, as well as the part of zone of the antiterrorist operation.
Source: State Statistics Service of Ukraine.
Export of goods is a sale of goods by Ukrainian subjects of foreign economic activities to foreign
subjects of foreign economic activities (including non-cash payment) with or without exportation
of these goods through the customs border of Ukraine, including the re-export of goods. Initially
calculated in USD. Source: State Statistics Service of Ukraine.
Import of goods is a purchase (including non-cash payment) of goods by Ukrainian subjects of foreign
economic activities in foreign subjects of economic activities with or without the importation of these
goods into the territory of Ukraine, including the purchase of goods for domestic consumption by
establishments and organizations of Ukraine located abroad. Initially calculated in USD. Source: State
Statistics Service of Ukraine.
Industrial production sales is the value of industrial goods, which are actually shipped in the period, as
indicated in documents decorated as the basis for calculating with the buyer (customer), regardless of
income payments for them. Converted from UAH to USD in accordance with an average official NBU
exchange rate in the corresponding period. Source: State Statistics Service of Ukraine.
Retail turnover of enterprises is the value of consumer goods sold via retail trade and restaurants to
the population by all operating enterprises. It also includes direct retail sales by industrial, transport
and other non-trade enterprises. In addition, retail turnover includes retail sales of food products to
departments, organizations and enterprises to provide meals to the people they serve (at sanatoria,
childrenā€™s care institutions, hospitals, etc.). Reflected in current prices. Converted from UAH to USD
in accordance with an average official NBU exchange rate in the corresponding period. Source: State
Statistics Service of Ukraine.
Unemployment rate is a ratio (percent) of the unemployed registered at the State Employment Service
to the average annual population of working age. Source: State Statistics Service of Ukraine.
Average salary is an average value of remuneration in cash and in kind paid to employees for time
worked or work done. Converted from UAH to USD in accordance with an average official NBU
exchange rate in the corresponding period. Source: State Statistics Service of Ukraine.
Official currency exchange rate is the rate established by the National Bank of Ukraine under which
Ukrainian national currency ā€“ UAH (Ukrainian hryvnia) will be exchanged for foreign currency (USD or
EUR). Calculated as average value in the corresponding period. Source: National Bank of Ukraine.
Pharmaceutical Industry Indicators
Export of pharma products is an export of goods related to the group ā€œPharmaceutical productsā€ under
the Ukrainian Classification of Goods for Foreign Economic Activities. Initially calculated in USD.
Source: State Statistics Service of Ukraine.
Import of pharma products is an import of goods related to the group ā€œPharmaceutical productsā€ under
the Ukrainian Classification of Goods for Foreign Economic Activities. Initially calculated in USD.
Source: State Statistics Service of Ukraine.
Pharma retail sales are retail sales of different product categories of ā€œpharmacy basketā€ (drugs,
medical devices, cosmetics and food supplements) in values and volumes. Converted from UAH to
USD in accordance with an average official NBU exchange rate in the corresponding period. Source:
Morion.
WACP (Weighted average cost of a pack) is a ratio of pharma retail sales in values to pharma retail
sales in volumes.
CPI (Consumer price index) is an indicator of changes at the time of prices and tariffs for commodities
and services being purchased by the population for unproductive consumption calculated to
corresponding month of previous year. Source: State Statistics Service of Ukraine.
Pharma products CPI is a Consumer price index of ā€œPharmaceutical products, medical products,
appliances and equipmentā€ group calculated to corresponding month of previous year. Source: State
Statistics Service of Ukraine.
Local companies share is the share (percent) of sales related to Ukrainian companies in overall pharma
retail sales in values and volumes. Source: Morion
Table: Key macroeconomic indicators
in Ukraine
(Jan 2015-Jan 2016)
Page 3
Ukrainian Pharmaceutical Market Monthly: February 2016
KEY ECONOMIC EVENTS
Ā»Ā» On Feb 3, the Minister of Economic Development of Ukraine Aivaras Abromavicius announced his decision to
resign due to the blocking of systematic and important reforms in Ukraine from the side of pro-government
forces. Subsequently, political crisis in Ukraine deteriorated and on 17/02/2016, the Parliament abortively voted
for the Yatseniukā€™s Cabinet of Ministers dismissal. However, the future of the parliamentary coalition and the
government is not clear yet.
Ā»Ā» The IMF may stop its funding program in Ukraine, if reforms and corruption fight do not accelerate, Christine
Lagarde stated. ā€œUkraine risks a return to the pattern of failed economic policies that has plagued its recent
history,ā€ she said. Ukraine was expected to receive up to USD 5.8 bn in 2016, 1.7 bn was scheduled for February.
Ā»Ā» In 2015, public debt of Ukraine fell 6.2% to USD 65.5 bn or 81.5% of GDP.
Ā»Ā» The National Bank of Ukraine expects the consumer inflation to slow down to 12% by the end of 2016. The Bank
also projects inflation to be at the level of 8% by the end of 2017.
Ā»Ā» Capital investment in Ukraine decreased by 1.7% y-o-y in 2015, whereas in the 9M2015 the decline amounted
to 6% y-o-y. In 2014, the decline amounted 24.1% y-o-y.
Ā»Ā» Economy Ministry forecasts 1% (Ā± 0.5%) y-o-y rise in Ukraineā€™s GDP in 1H2016. According to preliminary data, in
2015, GDP in Ukraine fell by about 10% y-o-y.
Ā»Ā» Ukraineā€™s Minister of Foreign Affairs Pavlo Klimkin has proposed establishing a working group on the development
of freight traffic on the so-called new Silk Road.
Ā»Ā» Ukraine diminished its exports to Central Asia and Caucasus by 60-80% due to Russiaā€™s embargo, the Deputy
Economy Minister reported. The regions accounted for 3.1% of Ukraineā€™s total exports in 2015.
Ā»Ā» In Jan the industrial output in Ukraine fell by 1.7% y-o-y.
Ā»Ā» According to the World Bankā€™s expert, the restoration of Donbas would require about USD 1.5 bn. At present, the
State Agency for the restoration of Donbas has USD 300 mio.
239.8
177.0
197.6
180.0
193.0
177.7
172.6
177.1
193.2
206.3
196.6
212.3
198.9
132.4
143.9
141.5
122.6
124.5
118.4
119.5
122.5
126.7
130.2 129.0
136.4
133.6
100
110
120
130
140
150
160
100
120
140
160
180
200
220
240
260
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
Pharma retail sales
Values (mio USD) & Volumes (mio units)
Jan 2015-Jan 2016
mio USD mio units
2015 2016
11.79 12.05
13.37 13.46 13.00
15.36
13.85
9.01
13.75
12.20
11.70
15.77
8.31
90.2
114.5
103.4 103.7
84.3
115.0
106.6
93.3
122.2
147.1
141.3
142.1
103.7
20
40
60
80
100
120
140
160
0
2
4
6
8
10
12
14
16
18
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
Ukrainian Internation trade in pharma
production
Export & Import, mio USD
Jan 2015-Jan 2016
Export Import
2015 2016
6.01
4.56
5.51
5.91
5.65 5.80 5.71
5.43
5.72
6.29
5.92
6.37
4.93
1.97
1.44 1.61 1.66
1.94
1.83
1.94 1.88 1.86
2.04
1.80
2.01
1.60
0.0
0.5
1.0
1.5
2.0
2.5
3.0
0
1
2
3
4
5
6
7
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
Industrial production sales &
Retail turnover of enterprises surplus
Jan 2015-Jan 2016, bn USD
Industrial production sales Retail turnover of enterprises
2015 2016
15.81
24.48
23.26 22.71
20.92 21.23 21.76 21.63 21.78 21.8
23.3 23.4 24.319.26
28.95 29.52
26.92
25.48 24.91
26.09 25.91 26.14
24.6 25.1 25.4 26.3128.5
134.5
145.8
160.9 158.4 157.5 155.3 152.8 151.9
146.4 146.6 143.3 140.3
0
20
40
60
80
100
120
140
160
180
0
5
10
15
20
25
30
35
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan
OFFICIAL CURRENCY EXCHANGE RATE
+Consumer Price Index
Jan 2015-Jan 2016
UAH/USD UAH/EUR CPI of Ukraine
2015 2016
Page 4
Ukrainian Pharmaceutical Market Monthly: February 2016
MARKET & COMPANIES NEWS
ā€œIndarā€ joined
ā€œManufactures
of medications of
Ukraineā€ Association
The main Ukrainian insulin
producer ā€œIndarā€ has joined
ā€œManufacturers of medication of
Ukraineā€ Association. The other
members of the Association are
ā€œFarmakā€, ā€œBCPPā€, ā€œInterchemā€,
ā€œYuriaPharmā€ and ā€œKusum Pharmā€.
The consolidations of interest
of two biggest local insulin
producers (ā€œIndarā€ and ā€œFarmakā€)
will benefit both of them as well
as all members of the Association,
the Director of the Association
said.
ā€œManufactures of medications
of Ukraineā€ Association was
established in 2010 to create
conditions for the most effective
cooperation between its members
and protect their interests.
Ukrainian market
remains essential
for Indian
pharmaceutical companies
The Deputy Minister of chemicals
and fertilizers of India Sudhansh
Pant considers Ukraine as a
very significant market for Indian
companies.
ā€œUkraineā€™s market remains
prospective despite the trade
turnover in USD was declining
over the last years,ā€ Mr. Pant
noted. ā€œHowever, we are working
to bring the trade indicators at
the level, which was few years
ago.ā€
Mr. Pant has also indicated the
possibilities of implementation of
projects on drugs manufacturing
localization at the facilities
of Ukrainian pharmaceutical
producers.
ā€œMicrokhimā€ launches
Aspriks
ā€œMicrokhimā€ launches
Aspriks (ketorolac)
spray, which is used for the
relief of acute pain syndrome of
various origins. Aspriks is the
only ketorolac drug available in
Ukrainian market today.
ā€œMicrokhimā€ was 16th Ukrainian
producer on Ukrainian market
in 2014. The main product
segments for the company
are nervous system and
cardiovascular system. Aspriks
has become the first companyā€™s
drug for musculoskeletal system.
In 2015 Gedeon
Richterā€™s performance
in Ukraine worsened
significantly
According to consolidated report
on Redeon Richterā€™s results in
2015, the companyā€™s sales in
Ukraine has fallen by 51.5% y-o-y
(from EUR 55.3 mio to EUR 26.8
mio). The company implemented
a more strict receivables
control and voluntary shipment
restrictions as a reaction to the
recent political turmoil and the
deepening economic decline in
Ukraine, which have characterized
the country since the beginning of
2014. The company also explains
poor results with the devaluation
of the Ukraineā€™s national currency
and decline in customersā€™
purchasing power.
Generally, in the CIS region, the
Gedeon Richter decreased its
indicators by 10.1% y-o-y with
5.9% y-o-y cut in Russia. The
total Gedeon Richterā€™s sales in
2015 increased by 2.9% y-o-y to
EUR 1.18 bn.
ā€œBiofarmaā€ will invest
about USD 12 mio in its
development in 2016
Ukraineā€™s leading producer of
donor blood-made preparations
ā€œBiofarmaā€ plans to remain the
amount of investments in 2016
at the level of 2015 (USD 12
mio). In 2015, the company spent
USD 5 mio for the construction
department of probiotics, USD
3 mio ā€“ for the reconstruction
of Sumy station for blood
transfusion and USD 2 mio ā€“ for
the development of new drugs.
The company also intends to
restore the institution of human
donors to produce the feedstock
for the production of blood
products on the base of Sumy
station for blood transfusion.
The Director of ā€œBiofarmaā€
Konstantin Efimenko stressed
that blood drugs are in priority
for the companyā€™s further
development. According to Mr.
Efimenko, in 2015 ā€œBiofarmaā€
increased its incomes by 45%,
while blood drugs contributed
40% of sales.
Previously, in 2014, ā€œBiofarmaā€
has built a new plant in Bila
Tserkva (Kyiv Region) for USD
42 mio. The company now
produces 20 immunobiological
drugs from donor blood as well
as drugs obtained with the use of
recombinant DNA technology and
probiotics.
ā€œFitofarmā€ reports 6x
decline in its net profit
in 2015
In 2015 ā€œFitofarmā€™sā€
net profit has decreased 6.12
times y-o-y to UAH 1.81 mio.
The companyā€™s shareholders will
discuss the financial performance,
stuff issues, the issue of changing
the location of the plant, etc.
at the meeting appointed on
04/04/2016. ā€œFitofarmā€™sā€
production facilities is located in
Artemivsk (Donetsk Region, the
ATO zone).
Page 5
Ukrainian Pharmaceutical Market Monthly: February 2016
The company manufactures more
than 80 herbal and synthetic
drugs, including Eroton, its best-
selling drug against erectile
dysfunction.
The shareholders will also
consider the private placement of
unsecured bonds of the company.
ā€œFitofarmā€ is predominately owned
(99.84%) by Miraphytos Holding
Ltd. (Cyprus).
ā€œFarmakā€ has
doubled its net
profit in 2015
ā€œFarmakā€™sā€ net profit in 2015
has increased by 96.9% y-o-y
to UAH 407.3 mio. In 2014, the
company had a 29.7% decline. On
24/02/2015, the Supervisory
Board appointed Antonina
Zubkova instead of Pavlo
Zhebrivskiy as the Boardā€™s Head.
The company plans to reach USD
1 bn sales amounts by 2020 by
expanding activity at external
markets.
In Feb, ā€œFarmakā€ acquired Polish
company KWW Kotkowski
Wierzbicki Wegrzyn sp. z o.o.
engaged in marketing and supply
of biologically active additives
at the local market. ā€œAcquisition
of marketing company if Poland
will allow to take a big step in
the implementation of the export
policy,ā€ the CEO of ā€œFarmakā€ Filya
Zhebrivska said.
REGULATORY UPDATES
Adjustment of Mailing Procedures
for Tax Assessment Notice
Ministry of Finance of Ukraine
Order #1204 as of December
28, 2015, entered into force
on February 16. This Order
updates the mailing procedures
for tax assessment notices to be
sent to taxpayers by regulatory
authorities.
The regulatory body develops a
notice of tax assessment in the
following cases:
Ā»Ā» If a taxpayer fails to submit his
tax (customs) declaration in a
timely manner, and during tax
control it has been determined
that the taxpayer conducted
business activities, which
appeared to be taxable and
created indexes subject to
declaration;
Ā»Ā» If the taxpayers inspection
results (except electronic
inspection) show that the
taxpayer underestimated or
overestimated his tax liabilities,
credits, tax refunds and/
or overstated the negative
value of taxable profits tax or
negative value of the taxpayerā€™s
VAT amount declared in tax
(customs) declarations, refining
calculations;
Ā»Ā» If customs inspection results
received upon the termination
of customs clearance and
release of the goods show that
the taxpayer underestimated
or overestimated his tax
liabilities declared in customs
declarations;
Ā»Ā» other cases provided by law.
Notice of tax assessment is
developed for each separate tax
due together with the penalties,
as well as for each penalty
and poena for the violation of
other legislation being under
supervision of regulatory
authorities.
Tax assessment notice should
be provided together with the
calculation of tax due, decrease
(increase) of tax liability amount
and/or tax credit, and/or budget-
funded VAT refund, and/or
decrease of negative value of
taxable profits tax or negative
value of VAT amount, penalty
and poena, stating the date and
reference number of declaration
(refining calculation), report for
the relevant reporting period.
Notice of tax assessment is
considered to be submitted to
the taxpayer ā€“ legal entity if such
assessment notice is delivered
by hand to the official employee
of such taxpayer against
acknowledgement or forwarded
in a letter with notification of the
delivery.
Notice of tax assessment is
considered to be submitted to
the taxpayer ā€“ individual if such
assessment notice is delivered
by hand to such individual or
his authorized representative
or forwarded in a letter with
notification of the delivery to the
address of residence or of the
latest known location of such
individual.
Provided by
Page 6
Ukrainian Pharmaceutical Market Monthly: February 2016
Ukraineā€™s Law ā€œOn Public
Procurementā€ Has Come Into
Force
As a general rule, the Law applies,
provided that the purchase price
of the subject good (goods),
service (s) is equal to or greater
than 200 000 hryvnias, and
the price of the work is equal or
greater than 1.5 million hryvnias.
At the same time, the Law
provides a number of cases to
which the provisions of the latter
do not apply.
The new Law provides for
the implementation of public
procurement with the use of
two competitive regulatory
procedures: open tendering and
competitive dialogue, as well as
a non-competitive procedure
- negotiating the purchase
procedure.
An important innovation of
the Law is the introduction
of electronic procurement
(e-auction), the electronic
review system, as well as the
implementation of the exchange
of information, documents, to
provide clarifications in the
e-procurement system.
The main objectives are defined
by the Law to be , in particular,
increased levels of competition in
public procurement, to promote
transparency of the use of budget
funds and the implementation
of the Association Agreement in
concern to the implementation of
EU directives.
The law comes into force from
April 01, 2016 for the central
executive authorities and
customers operating in specific
areas of management; August 01,
2016 for all other customers.
Accordingly, the Law of Ukraine
ā€œOn the Implementation of Public
Procurementā€ will lose force from
1 August 2016.
The Basis for the Imposition of
Fines for the Violation of Labour
Laws has Been Established
The Cabinet of Ministers of
Ukraine amended the Procedure
of implementing fines for the
violation of the labour and
employment legislation with
decree No 55 dating from
03.02.2016.
The bases for the imposition of a
fine are as follows:
Ā»Ā» performs work without an
employment contract, and the
establishment of a period of
work or working part-time in the
case of actually doing the job
full-time, set at the enterprise,
institution or organization;
Ā»Ā» an act concerning the detection
during the audit of a business
entity or employer of a violation
of the labor legislation and / or
employment, drawn up by an
official or territorial authority of
Gostrud (State Labour Office).
In addition, unpaid voluntary fines
are collected:
judicially by regional centers
of employment on the basis of
the case file transmitted by the
territorial bodies Gostruda
judicially by the territorial
authorities of the Gostrud (State
Labour Office)
authorities of the State Executive
Service
The document will come into force
on the day of its publication.
Rules for Keeping VAT Recovery
Register Entered Into Force
Resolution of the Cabinet of
Ministers of Ukraine ā„– 68 as of
22.02.2016 ā€œOn Approval of
Rules for Keeping the Recovery
Value Added Tax Registerā€
entered into force on February
23.
The Registers of VAT Recovery
are developed by the State Fiscal
Service in accordance with the
following data:
Ā»Ā» Declarations and refining VAT
calculations and applications
submitted as a part of
tax statements or refining
calculations accepted by the
State Fiscal Service of Ukraine
at the local level;
Ā»Ā» Tax information collected and
received by fiscal authorities.
The date of application inclusion
into the register is considered to
be the date of provision of the
following:
Ā»Ā» Declaration for the reporting
period in case the application
is submitted within its contents;
Ā»Ā» Refining calculation in case the
application is submitted within
its contents;
Ā»Ā» Declarations with violation of
the deadlines for submission
for the reporting period in case
the application is submitted
within its contents.
The registers are published at
the official State Fiscal Serviceā€™s
web-site on a daily basis.
Information Concerning Clinical
Trials Shall Become Open to the
Public
On the 16th of February a draft
legislation of Regulation ā„– 4074
ā€œOn Amendments Concerning
the Law of Ukraine ā€œOn Medicinal
Productsā€ (concerning the access
to materials on pre clinical studies
and clinical trials)(hereinafter-
draft legislation) was registered in
the Verkhovna Rada.
The abovementioned draft
legislation proposes the
disclosure of information
contained in the materials of the
pre clinical studies and the clinical
trials that are attached to the
application for the registration of
the medicinal product. Relevant
amendments have been foreseen
to article 9 of the special Law.
In the opinion of the legislation
draftā€™s initiators, the closed
nature of such data results in
the circulation of drugs, whose
effectiveness and safety have
not been proved. Therefore
the draft legislation at hand is
aimed at initiating access to such
information, which will enable
all interested citizens, their
associations and professionals to
decide on the selection for the
appointment and the medical use
Page 7
Ukrainian Pharmaceutical Market Monthly: February 2016
HEALTHCARE NEWS
The Minister of Healthcare
withdrew his resignation letter
On Feb 4, the Minister of
Healthcare of Ukraine Alexander
Kvitashvili has withdrew his
letter of resignation together
with three other Ministers, whoā€™s
resignation decisions followed
the statements of Minister
of Economic Development of
Ukraine Aivaras Abromavicius,
who had resigned shortly before
due to the interventions into the
Ministryā€™s work from the Deputies
of pro-government parties. The
Ministers agreed to not leave
their positions in exchange for the
adherence to following principles:
inadmissibility of pressure
from political parties, maximum
government transparency,
fair wages for civil servants,
transparent public procurement,
etc.
Unlike the other Ministers, Mr.
Kvitashvili had submitted his
resignation letter on Jul 2, 2015,
but the decision on his dismissal
was not approved by the
Parliament.
The new Draft Law ā€œOn Drugsā€ to
be submitted to the Parliament
until the mid-March
The members of Public Health
Committee of the Ukrainian
Parliament made a decision to
form a working group, which
revises the previous versions of
the Draft Law ā€œOn Drugsā€ and
develops a new version of it,
which is to be submitted to the
voting until Mar 16. Previously,
the Parliament had registered
the Draft Law ā€œOn Drugsā€ #2162
(form the Deputy A. Shypko)
and #2162-1 (from the Deputy
Oleg Musiy). Moreover, the
Deputy Head of the Public Health
Committee Iryna Sysoenko
provided the new Draft Law ā€œOn
Drugsā€ considering the WHO
recommendations. The working
group is expected to develop the
unified version of the Draft Law
based on those three versions.
The government intends to create
the State insurance company
The Cabinet of Ministers of
Ukraine plans to establish the
State insurance company within
the medical reform, the PM said.
ā€œWe want to develop a mechanism
of state insurance medicine,
which is to cover medical costs of
Ukrainians, Mr. Yatsenyuk noted.
ā€œThe government has to provide
emergency care and basic level
of health care provision. Medical
insurance system will help this
field to develop.ā€
The IMF proposes Ukraine to
cancel the preferential VAT on
drugs
On Feb 8, the IMF published the
Technical Assistance Report
on Ukraine containing the list
of recommendations from the
Fundā€™s experts. Among the
main recommendations was
to increase the VAT rate from
20% to 21% and cancel the
preferential taxation of drugs
(7%). The Professional Pharmacy
Association of Ukraine spoke
against implementation of the
recommendations saying the
14% increase in the VAT tax
rate will double the prices on
drugs as producers, distributors
and retailers are all forced to
introduce their markups on drugs.
During the 2H2015, Ukrainian
government was intending
to introduce the 20% VAT on
drugs, but the pharmaceutical
community has defended the
preferential rate. In addition,
since Jan 1, 2016, drugs are not
subject to 5% customs duties.
The MOH started the development
of the National policy on drugs
provision in collaboration with the
of the medicinal products on the
basis of objective data concerning
the level of proof on their safety
and effectiveness.
As of today, the draft legislation
has been submitted to the
Ministers of Parliament for review.
See all news on regulatory
updates on the Legal Alliance
website.
Page 8
Ukrainian Pharmaceutical Market Monthly: February 2016
WHO
On Feb 10, the European Mission
of the WHO held a consultative
and methodological meeting with
the working groups engaged in
the development of the National
policy on drugs provision,
which is aiming to increase the
accessibility of drugs. Scientific
and coaching session was headed
by the Programme Manager
for Health Technologies and
Pharmaceutical of the WHO
Regional Office for Europe Hanne
Bak Pedersen.
Mrs. Pedersen indicated the key
tasks within the development of
the policy:
establishing of effective and
transparent procurement of drugs
for public funds;
improving access to drugs and
medical devises through effective
regulation in accordance with the
WHO recommendations;
implementation of the
strategic long-term planning of
procurement of vaccines and vital
drugs;
The development of the National
policy on drugs provision was
started on 25 Jan 2016.
AIMP Ukraine and EBA called
the government to terminate
destabilization of the State Expert
Center
Association of international
Pharmaceutical Manufacturers
of Ukraine and the European
Business Association appealed
Ukraineā€™s key officials asking
to take immediate action
to terminate permanent
destabilization of the SE ā€œState
Expert Center of the MOH of
Ukraineā€ after on 12/02/2016
the servants of the Security
Service of Ukraine had
conducted the search in the
Center and blocked its activity.
In 2015, such searches have
already been conducted in the
Center, as law enforcement
authorities suspected its
officials in corruption. The
associations stated that such
actions complicate the Centerā€™s
performance and destabilize
the situation concerning drugs
registration.
Business
Consulting
HR-Consulting
Market
Access
Business
Education
Support of M&A Deals / Pre-investment Due Diligence
Commercial Audit / Business Diagnostics
FCPA Audit / Reputational Audit
Executive Search / Recuiting
Organizational Consulting / Personnel Assessment
Outplacement
Launch Planning / Marketing Analysis & Planning
Regulatory Environment Audit / Business Modelling
Analysis of Prescribers and Consumers
Business Training for Pharmaceutical Companies:
Strategy / Change Management
New Launches / Marketing
UPharma Consulting is
a consulting company,
operating in the healthcare
and pharma sectors. Our
clients - pharmaceutical
companies, pharmacy
chains, distributors,
investment funds, banks,
and other stakeholders.
UPharma Consulting
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building 7, office 5
Kiev, 04212
Ukraine
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Upharmacia - Ukrainian Pharma Market News Digest. February 2016

  • 1. Ukrainian Pharmaceutical Market Monthly Upharmacia Macroeconomic Environment | Market & Companies News | Regulatory Updates | Healthcare News Issue: 02 2016 UPharma Consulting is a consulting company, operating in the healthcare and pharma sectors. Our clients - pharmaceutical companies, pharmacy chains, distributors, investment funds, banks, and other stakeholders in the healthcare sector. UPharma Consulting, Kiev www.upharma-c.com / mailbox@upharma-c.com
  • 2. Page 2 Ukrainian Pharmaceutical Market Monthly: February 2016 2015 2016 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan MACROECONOMIC INDICATORS Q1 Q2 Q3 Q4 GDP (bn USD) 17.353 20.795 25.552 GDP growth, % y-o-y -51% -35% -26% Export of goods (bn USD) 2.98 2.99 3.45 3.07 2.94 3.09 3.15 3.09 3.35 3.23 3.13 3.36 2.04 Export growth, % y-o-y -32% -37% -32% -39% -41% -30% -34% -22% -22% -23% -21% -11% -31% Import of goods (bn USD) 3.01 2.86 3.17 2.86 2.63 2.76 2.98 3.88 3.24 3.22 3.07 3.12 2.23 Import growth, % y-o-y -34% -41% -35% -38% -46% -37% -34% -2% -30% - 27% -27% -32% -26% Industrial production sales (bn USD) 6.01 4.56 5.51 5.91 5.65 5.79 5.71 5.42 5.72 6.29 5.92 6.37 4,93 Industrial production growth, % y-o-y -41% -54% -45% -33% -38% -35% -33% -23% -20% -21% -19% -17% -18% Retail turnover of enterprises (bn USD) 1.97 1.44 1.61 1.66 1.94 1.83 1.94 1.88 1.86 2.04 1.80 2.01 1.60 Retail turnover growth, % y-o-y -50% -61% -56% -40% -35% -38% -41% -32% -38% -31% -33% -29% -19% Unemployment rate 2.0 2.0 1.9 1.8 1.8 1.7 1.6 1.6 1.5 1.5 1.6 1.9 1.9 Average salary (USD) 218 148 166 176 193 202 202 194 199 207 193 223 180 OFFICIAL CURRENCY EXCHANGE RATE UAH/USD 15.8 24.5 23.3 22.7 20.9 21.2 21.8 21.6 21.8 21.8 23.3 23.4 24.3 UAH/EUR 18.5 27.8 25.3 24.5 23.3 23.8 23.9 24.0 24.5 24.6 25.1 25.4 26.3 PHARMACEUTI CAL INDUSTRY INDICATORS Export of pharma products (mio USD) 11.79 12.05 13.37 13.46 13.00 15.36 13.85 9.01 13.79 12.2 11.7 15.77 8.31 Pharma Export growth, % y-o-y -1% -42% -50% -44% -39% -39% -6% -54% -47% -37% -52% -28% -30% Import of pharma products (mio USD) 90.2 114.5 103.3 103.7 84.2 115.0 106.5 93.3 121.1 147.1 141.3 142.1 103.7 Pharma Import growth, % y-o-y -49% -47% -67% -36% -60% -44% -47% -47% -31% -28% -24% -42% 15% Pharma retail sales, values (mio USD) 239.8 177.0 197.6 180.0 193.0 177.7 172.6 177.1 193.2 206.3 196.6 212.3 198.9 Retail sales in values growth, % y-o-y -41% -54% -47% -40% -28% -29% -32% -24% -28% -26% -20% -18% -17% Pharma retail trade, volumes (mio units) 132.4 143.9 141.5 122.6 124.5 118.4 119.5 122.5 126.7 130.2 129.0 136.4 133.6 Retail sales in volumes growth, % y-o-y -21% -15% -21% -20% -11% -9% -10% -8% -11% -5% -4% -5% 1% WACP, USD 1.95 1.81 1.24 1.41 1.47 1.52 1.48 1.45 1.52 1.58 1.52 1.56 1.49 WACP growth, % y-o-y -21% -22% -40% -27% -23% -21% -23% -18% -19% -22% -18% -14% -23% CPI of Ukraine 128.5 134.5 145.8 160.9 158.4 157.5 155.3 152.8 151.9 146.4 138.1 134.6 131.9 Pharma products CPI 149.2 155.5 170.3 164.7 159.5 153.5 151.8 149.4 145.8 142.1 146.6 143.3 140.3 Local companies share, values, % 38.7 38.5 39.6 40.7 41.5 41.7 41.8 41.4 41.4 41.4 41.7 40.9 42.3 Local companies share, volumes, % 74.9 75.2 77.1 77.6 77.6 77.9 78.4 78.2 76.5 75.7 75.8 76.7 75.6 MACROECONOMIC ENVIRONMENT Description of the indicators: Macroeconomic Indicators GDP (Gross Domestic Product) is an aggregate measure of production equal to the sum of the gross values added of all resident, institutional units engaged in production (plus any taxes, and minus any subsidies, on products not included in the value of their outputs) calculated in current prices. Converted from UAH to USD in accordance with an average official NBU exchange rate in the corresponding period. Hereinafter: excluding the temporarily occupied territory of the Autonomous Republic of Crimea and City of Sevastopol, as well as the part of zone of the antiterrorist operation. Source: State Statistics Service of Ukraine. Export of goods is a sale of goods by Ukrainian subjects of foreign economic activities to foreign subjects of foreign economic activities (including non-cash payment) with or without exportation of these goods through the customs border of Ukraine, including the re-export of goods. Initially calculated in USD. Source: State Statistics Service of Ukraine. Import of goods is a purchase (including non-cash payment) of goods by Ukrainian subjects of foreign economic activities in foreign subjects of economic activities with or without the importation of these goods into the territory of Ukraine, including the purchase of goods for domestic consumption by establishments and organizations of Ukraine located abroad. Initially calculated in USD. Source: State Statistics Service of Ukraine. Industrial production sales is the value of industrial goods, which are actually shipped in the period, as indicated in documents decorated as the basis for calculating with the buyer (customer), regardless of income payments for them. Converted from UAH to USD in accordance with an average official NBU exchange rate in the corresponding period. Source: State Statistics Service of Ukraine. Retail turnover of enterprises is the value of consumer goods sold via retail trade and restaurants to the population by all operating enterprises. It also includes direct retail sales by industrial, transport and other non-trade enterprises. In addition, retail turnover includes retail sales of food products to departments, organizations and enterprises to provide meals to the people they serve (at sanatoria, childrenā€™s care institutions, hospitals, etc.). Reflected in current prices. Converted from UAH to USD in accordance with an average official NBU exchange rate in the corresponding period. Source: State Statistics Service of Ukraine. Unemployment rate is a ratio (percent) of the unemployed registered at the State Employment Service to the average annual population of working age. Source: State Statistics Service of Ukraine. Average salary is an average value of remuneration in cash and in kind paid to employees for time worked or work done. Converted from UAH to USD in accordance with an average official NBU exchange rate in the corresponding period. Source: State Statistics Service of Ukraine. Official currency exchange rate is the rate established by the National Bank of Ukraine under which Ukrainian national currency ā€“ UAH (Ukrainian hryvnia) will be exchanged for foreign currency (USD or EUR). Calculated as average value in the corresponding period. Source: National Bank of Ukraine. Pharmaceutical Industry Indicators Export of pharma products is an export of goods related to the group ā€œPharmaceutical productsā€ under the Ukrainian Classification of Goods for Foreign Economic Activities. Initially calculated in USD. Source: State Statistics Service of Ukraine. Import of pharma products is an import of goods related to the group ā€œPharmaceutical productsā€ under the Ukrainian Classification of Goods for Foreign Economic Activities. Initially calculated in USD. Source: State Statistics Service of Ukraine. Pharma retail sales are retail sales of different product categories of ā€œpharmacy basketā€ (drugs, medical devices, cosmetics and food supplements) in values and volumes. Converted from UAH to USD in accordance with an average official NBU exchange rate in the corresponding period. Source: Morion. WACP (Weighted average cost of a pack) is a ratio of pharma retail sales in values to pharma retail sales in volumes. CPI (Consumer price index) is an indicator of changes at the time of prices and tariffs for commodities and services being purchased by the population for unproductive consumption calculated to corresponding month of previous year. Source: State Statistics Service of Ukraine. Pharma products CPI is a Consumer price index of ā€œPharmaceutical products, medical products, appliances and equipmentā€ group calculated to corresponding month of previous year. Source: State Statistics Service of Ukraine. Local companies share is the share (percent) of sales related to Ukrainian companies in overall pharma retail sales in values and volumes. Source: Morion Table: Key macroeconomic indicators in Ukraine (Jan 2015-Jan 2016)
  • 3. Page 3 Ukrainian Pharmaceutical Market Monthly: February 2016 KEY ECONOMIC EVENTS Ā»Ā» On Feb 3, the Minister of Economic Development of Ukraine Aivaras Abromavicius announced his decision to resign due to the blocking of systematic and important reforms in Ukraine from the side of pro-government forces. Subsequently, political crisis in Ukraine deteriorated and on 17/02/2016, the Parliament abortively voted for the Yatseniukā€™s Cabinet of Ministers dismissal. However, the future of the parliamentary coalition and the government is not clear yet. Ā»Ā» The IMF may stop its funding program in Ukraine, if reforms and corruption fight do not accelerate, Christine Lagarde stated. ā€œUkraine risks a return to the pattern of failed economic policies that has plagued its recent history,ā€ she said. Ukraine was expected to receive up to USD 5.8 bn in 2016, 1.7 bn was scheduled for February. Ā»Ā» In 2015, public debt of Ukraine fell 6.2% to USD 65.5 bn or 81.5% of GDP. Ā»Ā» The National Bank of Ukraine expects the consumer inflation to slow down to 12% by the end of 2016. The Bank also projects inflation to be at the level of 8% by the end of 2017. Ā»Ā» Capital investment in Ukraine decreased by 1.7% y-o-y in 2015, whereas in the 9M2015 the decline amounted to 6% y-o-y. In 2014, the decline amounted 24.1% y-o-y. Ā»Ā» Economy Ministry forecasts 1% (Ā± 0.5%) y-o-y rise in Ukraineā€™s GDP in 1H2016. According to preliminary data, in 2015, GDP in Ukraine fell by about 10% y-o-y. Ā»Ā» Ukraineā€™s Minister of Foreign Affairs Pavlo Klimkin has proposed establishing a working group on the development of freight traffic on the so-called new Silk Road. Ā»Ā» Ukraine diminished its exports to Central Asia and Caucasus by 60-80% due to Russiaā€™s embargo, the Deputy Economy Minister reported. The regions accounted for 3.1% of Ukraineā€™s total exports in 2015. Ā»Ā» In Jan the industrial output in Ukraine fell by 1.7% y-o-y. Ā»Ā» According to the World Bankā€™s expert, the restoration of Donbas would require about USD 1.5 bn. At present, the State Agency for the restoration of Donbas has USD 300 mio. 239.8 177.0 197.6 180.0 193.0 177.7 172.6 177.1 193.2 206.3 196.6 212.3 198.9 132.4 143.9 141.5 122.6 124.5 118.4 119.5 122.5 126.7 130.2 129.0 136.4 133.6 100 110 120 130 140 150 160 100 120 140 160 180 200 220 240 260 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Pharma retail sales Values (mio USD) & Volumes (mio units) Jan 2015-Jan 2016 mio USD mio units 2015 2016 11.79 12.05 13.37 13.46 13.00 15.36 13.85 9.01 13.75 12.20 11.70 15.77 8.31 90.2 114.5 103.4 103.7 84.3 115.0 106.6 93.3 122.2 147.1 141.3 142.1 103.7 20 40 60 80 100 120 140 160 0 2 4 6 8 10 12 14 16 18 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Ukrainian Internation trade in pharma production Export & Import, mio USD Jan 2015-Jan 2016 Export Import 2015 2016 6.01 4.56 5.51 5.91 5.65 5.80 5.71 5.43 5.72 6.29 5.92 6.37 4.93 1.97 1.44 1.61 1.66 1.94 1.83 1.94 1.88 1.86 2.04 1.80 2.01 1.60 0.0 0.5 1.0 1.5 2.0 2.5 3.0 0 1 2 3 4 5 6 7 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Industrial production sales & Retail turnover of enterprises surplus Jan 2015-Jan 2016, bn USD Industrial production sales Retail turnover of enterprises 2015 2016 15.81 24.48 23.26 22.71 20.92 21.23 21.76 21.63 21.78 21.8 23.3 23.4 24.319.26 28.95 29.52 26.92 25.48 24.91 26.09 25.91 26.14 24.6 25.1 25.4 26.3128.5 134.5 145.8 160.9 158.4 157.5 155.3 152.8 151.9 146.4 146.6 143.3 140.3 0 20 40 60 80 100 120 140 160 180 0 5 10 15 20 25 30 35 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan OFFICIAL CURRENCY EXCHANGE RATE +Consumer Price Index Jan 2015-Jan 2016 UAH/USD UAH/EUR CPI of Ukraine 2015 2016
  • 4. Page 4 Ukrainian Pharmaceutical Market Monthly: February 2016 MARKET & COMPANIES NEWS ā€œIndarā€ joined ā€œManufactures of medications of Ukraineā€ Association The main Ukrainian insulin producer ā€œIndarā€ has joined ā€œManufacturers of medication of Ukraineā€ Association. The other members of the Association are ā€œFarmakā€, ā€œBCPPā€, ā€œInterchemā€, ā€œYuriaPharmā€ and ā€œKusum Pharmā€. The consolidations of interest of two biggest local insulin producers (ā€œIndarā€ and ā€œFarmakā€) will benefit both of them as well as all members of the Association, the Director of the Association said. ā€œManufactures of medications of Ukraineā€ Association was established in 2010 to create conditions for the most effective cooperation between its members and protect their interests. Ukrainian market remains essential for Indian pharmaceutical companies The Deputy Minister of chemicals and fertilizers of India Sudhansh Pant considers Ukraine as a very significant market for Indian companies. ā€œUkraineā€™s market remains prospective despite the trade turnover in USD was declining over the last years,ā€ Mr. Pant noted. ā€œHowever, we are working to bring the trade indicators at the level, which was few years ago.ā€ Mr. Pant has also indicated the possibilities of implementation of projects on drugs manufacturing localization at the facilities of Ukrainian pharmaceutical producers. ā€œMicrokhimā€ launches Aspriks ā€œMicrokhimā€ launches Aspriks (ketorolac) spray, which is used for the relief of acute pain syndrome of various origins. Aspriks is the only ketorolac drug available in Ukrainian market today. ā€œMicrokhimā€ was 16th Ukrainian producer on Ukrainian market in 2014. The main product segments for the company are nervous system and cardiovascular system. Aspriks has become the first companyā€™s drug for musculoskeletal system. In 2015 Gedeon Richterā€™s performance in Ukraine worsened significantly According to consolidated report on Redeon Richterā€™s results in 2015, the companyā€™s sales in Ukraine has fallen by 51.5% y-o-y (from EUR 55.3 mio to EUR 26.8 mio). The company implemented a more strict receivables control and voluntary shipment restrictions as a reaction to the recent political turmoil and the deepening economic decline in Ukraine, which have characterized the country since the beginning of 2014. The company also explains poor results with the devaluation of the Ukraineā€™s national currency and decline in customersā€™ purchasing power. Generally, in the CIS region, the Gedeon Richter decreased its indicators by 10.1% y-o-y with 5.9% y-o-y cut in Russia. The total Gedeon Richterā€™s sales in 2015 increased by 2.9% y-o-y to EUR 1.18 bn. ā€œBiofarmaā€ will invest about USD 12 mio in its development in 2016 Ukraineā€™s leading producer of donor blood-made preparations ā€œBiofarmaā€ plans to remain the amount of investments in 2016 at the level of 2015 (USD 12 mio). In 2015, the company spent USD 5 mio for the construction department of probiotics, USD 3 mio ā€“ for the reconstruction of Sumy station for blood transfusion and USD 2 mio ā€“ for the development of new drugs. The company also intends to restore the institution of human donors to produce the feedstock for the production of blood products on the base of Sumy station for blood transfusion. The Director of ā€œBiofarmaā€ Konstantin Efimenko stressed that blood drugs are in priority for the companyā€™s further development. According to Mr. Efimenko, in 2015 ā€œBiofarmaā€ increased its incomes by 45%, while blood drugs contributed 40% of sales. Previously, in 2014, ā€œBiofarmaā€ has built a new plant in Bila Tserkva (Kyiv Region) for USD 42 mio. The company now produces 20 immunobiological drugs from donor blood as well as drugs obtained with the use of recombinant DNA technology and probiotics. ā€œFitofarmā€ reports 6x decline in its net profit in 2015 In 2015 ā€œFitofarmā€™sā€ net profit has decreased 6.12 times y-o-y to UAH 1.81 mio. The companyā€™s shareholders will discuss the financial performance, stuff issues, the issue of changing the location of the plant, etc. at the meeting appointed on 04/04/2016. ā€œFitofarmā€™sā€ production facilities is located in Artemivsk (Donetsk Region, the ATO zone).
  • 5. Page 5 Ukrainian Pharmaceutical Market Monthly: February 2016 The company manufactures more than 80 herbal and synthetic drugs, including Eroton, its best- selling drug against erectile dysfunction. The shareholders will also consider the private placement of unsecured bonds of the company. ā€œFitofarmā€ is predominately owned (99.84%) by Miraphytos Holding Ltd. (Cyprus). ā€œFarmakā€ has doubled its net profit in 2015 ā€œFarmakā€™sā€ net profit in 2015 has increased by 96.9% y-o-y to UAH 407.3 mio. In 2014, the company had a 29.7% decline. On 24/02/2015, the Supervisory Board appointed Antonina Zubkova instead of Pavlo Zhebrivskiy as the Boardā€™s Head. The company plans to reach USD 1 bn sales amounts by 2020 by expanding activity at external markets. In Feb, ā€œFarmakā€ acquired Polish company KWW Kotkowski Wierzbicki Wegrzyn sp. z o.o. engaged in marketing and supply of biologically active additives at the local market. ā€œAcquisition of marketing company if Poland will allow to take a big step in the implementation of the export policy,ā€ the CEO of ā€œFarmakā€ Filya Zhebrivska said. REGULATORY UPDATES Adjustment of Mailing Procedures for Tax Assessment Notice Ministry of Finance of Ukraine Order #1204 as of December 28, 2015, entered into force on February 16. This Order updates the mailing procedures for tax assessment notices to be sent to taxpayers by regulatory authorities. The regulatory body develops a notice of tax assessment in the following cases: Ā»Ā» If a taxpayer fails to submit his tax (customs) declaration in a timely manner, and during tax control it has been determined that the taxpayer conducted business activities, which appeared to be taxable and created indexes subject to declaration; Ā»Ā» If the taxpayers inspection results (except electronic inspection) show that the taxpayer underestimated or overestimated his tax liabilities, credits, tax refunds and/ or overstated the negative value of taxable profits tax or negative value of the taxpayerā€™s VAT amount declared in tax (customs) declarations, refining calculations; Ā»Ā» If customs inspection results received upon the termination of customs clearance and release of the goods show that the taxpayer underestimated or overestimated his tax liabilities declared in customs declarations; Ā»Ā» other cases provided by law. Notice of tax assessment is developed for each separate tax due together with the penalties, as well as for each penalty and poena for the violation of other legislation being under supervision of regulatory authorities. Tax assessment notice should be provided together with the calculation of tax due, decrease (increase) of tax liability amount and/or tax credit, and/or budget- funded VAT refund, and/or decrease of negative value of taxable profits tax or negative value of VAT amount, penalty and poena, stating the date and reference number of declaration (refining calculation), report for the relevant reporting period. Notice of tax assessment is considered to be submitted to the taxpayer ā€“ legal entity if such assessment notice is delivered by hand to the official employee of such taxpayer against acknowledgement or forwarded in a letter with notification of the delivery. Notice of tax assessment is considered to be submitted to the taxpayer ā€“ individual if such assessment notice is delivered by hand to such individual or his authorized representative or forwarded in a letter with notification of the delivery to the address of residence or of the latest known location of such individual. Provided by
  • 6. Page 6 Ukrainian Pharmaceutical Market Monthly: February 2016 Ukraineā€™s Law ā€œOn Public Procurementā€ Has Come Into Force As a general rule, the Law applies, provided that the purchase price of the subject good (goods), service (s) is equal to or greater than 200 000 hryvnias, and the price of the work is equal or greater than 1.5 million hryvnias. At the same time, the Law provides a number of cases to which the provisions of the latter do not apply. The new Law provides for the implementation of public procurement with the use of two competitive regulatory procedures: open tendering and competitive dialogue, as well as a non-competitive procedure - negotiating the purchase procedure. An important innovation of the Law is the introduction of electronic procurement (e-auction), the electronic review system, as well as the implementation of the exchange of information, documents, to provide clarifications in the e-procurement system. The main objectives are defined by the Law to be , in particular, increased levels of competition in public procurement, to promote transparency of the use of budget funds and the implementation of the Association Agreement in concern to the implementation of EU directives. The law comes into force from April 01, 2016 for the central executive authorities and customers operating in specific areas of management; August 01, 2016 for all other customers. Accordingly, the Law of Ukraine ā€œOn the Implementation of Public Procurementā€ will lose force from 1 August 2016. The Basis for the Imposition of Fines for the Violation of Labour Laws has Been Established The Cabinet of Ministers of Ukraine amended the Procedure of implementing fines for the violation of the labour and employment legislation with decree No 55 dating from 03.02.2016. The bases for the imposition of a fine are as follows: Ā»Ā» performs work without an employment contract, and the establishment of a period of work or working part-time in the case of actually doing the job full-time, set at the enterprise, institution or organization; Ā»Ā» an act concerning the detection during the audit of a business entity or employer of a violation of the labor legislation and / or employment, drawn up by an official or territorial authority of Gostrud (State Labour Office). In addition, unpaid voluntary fines are collected: judicially by regional centers of employment on the basis of the case file transmitted by the territorial bodies Gostruda judicially by the territorial authorities of the Gostrud (State Labour Office) authorities of the State Executive Service The document will come into force on the day of its publication. Rules for Keeping VAT Recovery Register Entered Into Force Resolution of the Cabinet of Ministers of Ukraine ā„– 68 as of 22.02.2016 ā€œOn Approval of Rules for Keeping the Recovery Value Added Tax Registerā€ entered into force on February 23. The Registers of VAT Recovery are developed by the State Fiscal Service in accordance with the following data: Ā»Ā» Declarations and refining VAT calculations and applications submitted as a part of tax statements or refining calculations accepted by the State Fiscal Service of Ukraine at the local level; Ā»Ā» Tax information collected and received by fiscal authorities. The date of application inclusion into the register is considered to be the date of provision of the following: Ā»Ā» Declaration for the reporting period in case the application is submitted within its contents; Ā»Ā» Refining calculation in case the application is submitted within its contents; Ā»Ā» Declarations with violation of the deadlines for submission for the reporting period in case the application is submitted within its contents. The registers are published at the official State Fiscal Serviceā€™s web-site on a daily basis. Information Concerning Clinical Trials Shall Become Open to the Public On the 16th of February a draft legislation of Regulation ā„– 4074 ā€œOn Amendments Concerning the Law of Ukraine ā€œOn Medicinal Productsā€ (concerning the access to materials on pre clinical studies and clinical trials)(hereinafter- draft legislation) was registered in the Verkhovna Rada. The abovementioned draft legislation proposes the disclosure of information contained in the materials of the pre clinical studies and the clinical trials that are attached to the application for the registration of the medicinal product. Relevant amendments have been foreseen to article 9 of the special Law. In the opinion of the legislation draftā€™s initiators, the closed nature of such data results in the circulation of drugs, whose effectiveness and safety have not been proved. Therefore the draft legislation at hand is aimed at initiating access to such information, which will enable all interested citizens, their associations and professionals to decide on the selection for the appointment and the medical use
  • 7. Page 7 Ukrainian Pharmaceutical Market Monthly: February 2016 HEALTHCARE NEWS The Minister of Healthcare withdrew his resignation letter On Feb 4, the Minister of Healthcare of Ukraine Alexander Kvitashvili has withdrew his letter of resignation together with three other Ministers, whoā€™s resignation decisions followed the statements of Minister of Economic Development of Ukraine Aivaras Abromavicius, who had resigned shortly before due to the interventions into the Ministryā€™s work from the Deputies of pro-government parties. The Ministers agreed to not leave their positions in exchange for the adherence to following principles: inadmissibility of pressure from political parties, maximum government transparency, fair wages for civil servants, transparent public procurement, etc. Unlike the other Ministers, Mr. Kvitashvili had submitted his resignation letter on Jul 2, 2015, but the decision on his dismissal was not approved by the Parliament. The new Draft Law ā€œOn Drugsā€ to be submitted to the Parliament until the mid-March The members of Public Health Committee of the Ukrainian Parliament made a decision to form a working group, which revises the previous versions of the Draft Law ā€œOn Drugsā€ and develops a new version of it, which is to be submitted to the voting until Mar 16. Previously, the Parliament had registered the Draft Law ā€œOn Drugsā€ #2162 (form the Deputy A. Shypko) and #2162-1 (from the Deputy Oleg Musiy). Moreover, the Deputy Head of the Public Health Committee Iryna Sysoenko provided the new Draft Law ā€œOn Drugsā€ considering the WHO recommendations. The working group is expected to develop the unified version of the Draft Law based on those three versions. The government intends to create the State insurance company The Cabinet of Ministers of Ukraine plans to establish the State insurance company within the medical reform, the PM said. ā€œWe want to develop a mechanism of state insurance medicine, which is to cover medical costs of Ukrainians, Mr. Yatsenyuk noted. ā€œThe government has to provide emergency care and basic level of health care provision. Medical insurance system will help this field to develop.ā€ The IMF proposes Ukraine to cancel the preferential VAT on drugs On Feb 8, the IMF published the Technical Assistance Report on Ukraine containing the list of recommendations from the Fundā€™s experts. Among the main recommendations was to increase the VAT rate from 20% to 21% and cancel the preferential taxation of drugs (7%). The Professional Pharmacy Association of Ukraine spoke against implementation of the recommendations saying the 14% increase in the VAT tax rate will double the prices on drugs as producers, distributors and retailers are all forced to introduce their markups on drugs. During the 2H2015, Ukrainian government was intending to introduce the 20% VAT on drugs, but the pharmaceutical community has defended the preferential rate. In addition, since Jan 1, 2016, drugs are not subject to 5% customs duties. The MOH started the development of the National policy on drugs provision in collaboration with the of the medicinal products on the basis of objective data concerning the level of proof on their safety and effectiveness. As of today, the draft legislation has been submitted to the Ministers of Parliament for review. See all news on regulatory updates on the Legal Alliance website.
  • 8. Page 8 Ukrainian Pharmaceutical Market Monthly: February 2016 WHO On Feb 10, the European Mission of the WHO held a consultative and methodological meeting with the working groups engaged in the development of the National policy on drugs provision, which is aiming to increase the accessibility of drugs. Scientific and coaching session was headed by the Programme Manager for Health Technologies and Pharmaceutical of the WHO Regional Office for Europe Hanne Bak Pedersen. Mrs. Pedersen indicated the key tasks within the development of the policy: establishing of effective and transparent procurement of drugs for public funds; improving access to drugs and medical devises through effective regulation in accordance with the WHO recommendations; implementation of the strategic long-term planning of procurement of vaccines and vital drugs; The development of the National policy on drugs provision was started on 25 Jan 2016. AIMP Ukraine and EBA called the government to terminate destabilization of the State Expert Center Association of international Pharmaceutical Manufacturers of Ukraine and the European Business Association appealed Ukraineā€™s key officials asking to take immediate action to terminate permanent destabilization of the SE ā€œState Expert Center of the MOH of Ukraineā€ after on 12/02/2016 the servants of the Security Service of Ukraine had conducted the search in the Center and blocked its activity. In 2015, such searches have already been conducted in the Center, as law enforcement authorities suspected its officials in corruption. The associations stated that such actions complicate the Centerā€™s performance and destabilize the situation concerning drugs registration.
  • 9. Business Consulting HR-Consulting Market Access Business Education Support of M&A Deals / Pre-investment Due Diligence Commercial Audit / Business Diagnostics FCPA Audit / Reputational Audit Executive Search / Recuiting Organizational Consulting / Personnel Assessment Outplacement Launch Planning / Marketing Analysis & Planning Regulatory Environment Audit / Business Modelling Analysis of Prescribers and Consumers Business Training for Pharmaceutical Companies: Strategy / Change Management New Launches / Marketing UPharma Consulting is a consulting company, operating in the healthcare and pharma sectors. Our clients - pharmaceutical companies, pharmacy chains, distributors, investment funds, banks, and other stakeholders. UPharma Consulting 21st Marshal Tymoshenko str., building 7, office 5 Kiev, 04212 Ukraine +380 (44) 232 1142 +380 (44) 232 1143 www.upharma-c.com mailbox@upharma-c.com Subscribe to Upharmacia instantly!