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Regulatory Affairs

01/ 04/ 2013

The Draft Resolution “On Amendments to Certain CMU Resolutions” providing amendments to 17 technical regulations, 2 CMU Resolutions and excluding conformity declarations from the list of declaration forms subject to mandatory registration was published at the official web-site of the Ministry for Economic Development and Trade of Ukraine (hereinafter – the Ministry). Moreover, on 26 March 2013 we received the official letter from the Ministry supporting most EBA proposals on this subject.

Background: As a result of the EBA’s long-lasting efforts the Verkhovna Rada on 2 October 2012 adopted the Law of Ukraine “On Amendments to Some Laws of Ukraine concerning the Cancellation of Registration of Conformity Declaration” N 5312-VI which excluded provisions on mandatory registration of conformity declarations in relevant national laws. However, provisions on mandatory registration of conformity declarations were still present in 17 technical regulations and 2 CMU Resolutions. This contradicted Ukrainian legislation and was not in line with submission of conformity declarations in the EU.

Moreover, most EU Directives do not establish mandatory forms of conformity declarations. And manufacturers or importers in the EU could submit a single conformity declaration to certify compliance with all relevant for this equipment EU Directives. Thus, the EBA advocated the idea to provide manufactures and importers in Ukraine with a similar right to submit a single conformity declaration to certify compliance with all relevant technical regulations. On 26 March 2013 we received the official reply from the Ministry, in which they informed us that in accordance with the National Action Plan for 2013 adopted by the President’s Decree from 12 March 2013 N 128, the Ministry has to elaborate amendments to the Law of Ukraine “On Technical Regulations and Conformity Assessment Procedures” from 1 December 2005 N 3164-IV. The Ministry informed us that during elaboration of proposals to the above law the Ministry will take into consideration the EBA’s proposal regarding a right of manufacture or importer to submit a single conformity declaration to certify compliance with several technical regulations.

We would like to thank all EBA members who supported and contributed to EBA lobbying efforts that resulted in this progress and we will keep you informed on further developments.

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