On March 8, the Government decided to resume some inspections for business

11/ 03/ 2024

On March 8, 2024, the Government adopted Resolution No. 261 amending Resolution No. 303, which established a moratorium on state control and market surveillance measures under martial law. In particular, the amendments provide for the resumption of unscheduled inspections of compliance by business entities with the requirements of the legislation on the application of state-regulated prices, consumer protection, and metrological supervision in the provision of housing and communal services in case of a threat to the interests and health of people. In addition, it is envisaged to fully resume all inspections, including scheduled inspections for compliance with the requirements of three technical regulations, which will primarily be covered by the ACAA Agreement with the EU on the so-called industrial visa-free regime or recognition of labeling and conformity assessment procedures. In particular, we are talking about technical regulations on machine safety, low-voltage equipment, and electromagnetic compatibility. The EBA understands that the resumption of inspections is a prerequisite for the signing of the ACAA Agreement with the EU and is part of the fulfillment of our European integration commitments. Moreover, ideally, market surveillance inspections should be an important tool to ensure the safety and quality of products and services offered to consumers and to support the stability and development of markets, for example, by allowing them to identify and stop unfair competition, etc. Therefore, the EBA sincerely hopes that representatives of the inspection authorities will focus their attention on identifying and stopping unfair competition practices when, for example, unscrupulous entrepreneurs massively import banned non-energy efficient gas boilers to Ukraine (according to business estimates, at least 55 thousand banned boilers were imported in 2023 alone, which is about 50% of the total market). This inefficient equipment will consume at least 319 million m3 of gas over its lifetime. This, in turn, will lead to an increase in the financial burden on the population and also significantly harm the energy security of Ukraine. At the same time, the EBA hopes that the resumption of inspections will not be used by representatives of the inspection authorities to resume pressure on white businesses when law-abiding companies will be fined millions of dollars for some far-fetched reasons. If cases of abuse of authority do occur, the EBA is ready to collect information about such cases and work on them together with the leadership of the relevant government agencies.

On March 8, 2024, the Government adopted Resolution No. 261 amending Resolution No. 303, which established a moratorium on state control and market surveillance measures under martial law.

In particular, the amendments provide for the resumption of unscheduled inspections of compliance by business entities with the requirements of the legislation on the application of state-regulated prices, consumer protection, and metrological supervision in the provision of housing and communal services in case of a threat to the interests and health of people. In addition, it is envisaged to fully resume all inspections, including scheduled inspections for compliance with the requirements of three technical regulations, which will primarily be covered by the ACAA Agreement with the EU on the so-called “industrial visa-free regime” or recognition of labeling and conformity assessment procedures. In particular, we are talking about technical regulations on machine safety, low-voltage equipment, and electromagnetic compatibility.

The EBA understands that the resumption of inspections is a prerequisite for the signing of the ACAA Agreement with the EU and is part of the fulfillment of our European integration commitments. Moreover, ideally, market surveillance inspections should be an important tool to ensure the safety and quality of products and services offered to consumers and to support the stability and development of markets, for example, by allowing them to identify and stop unfair competition, etc.

Therefore, the EBA sincerely hopes that representatives of the inspection authorities will focus their attention on identifying and stopping unfair competition practices when, for example, unscrupulous entrepreneurs massively import banned non-energy efficient gas boilers to Ukraine (according to business estimates, at least 55 thousand banned boilers were imported in 2023 alone, which is about 50% of the total market). This inefficient equipment will consume at least 319 million m3 of gas over its lifetime. This, in turn, will lead to an increase in the financial burden on the population and also significantly harm the energy security of Ukraine.

At the same time, the EBA hopes that the resumption of inspections will not be used by representatives of the inspection authorities to resume pressure on white businesses when law-abiding companies will be fined millions of dollars for some far-fetched reasons. If cases of abuse of authority do occur, the EBA is ready to collect information about such cases and work on them together with the leadership of the relevant government agencies.