The Draft CMU Resolution “On Amendments to Technical Regulations on Maximum Allowed Power Consumption by Cooling Devices” (hereinafter – the draft CMU Resolution) was elaborated by the State Agency on Energy Efficiency and Energy Saving of Ukraine (hereinafter – the State Agency) in line with the EBA proposals to remove barriers to trade between Ukraine and the EU by harmonizing Ukrainian norms with the EU ones.
Background: Absence of clear definition of terms “introduction into the market” and “wine coolers” in the Technical regulations on maximum allowed power consumption by cooling devices, approved by the CMU Resolution from 3 September 2008 N 787 (hereinafter – the Technical Regulations) did not correspond to EU legislation and practice. Lack of a clear definition of the term “introduction into the market” and its similarity to the concept of “products’ distribution”, created confusion and problems for foreign manufacturers and importers as the various state authorities interpreted the terms differently.
To resolve this problem, the EBA Consumer Electronics Committee proposed the State Agency to define the term “introduction into the market” as the first provision of product into the market with a view to sale or use, for a fee or free of charge and regardless of the type of sale. The proposed definition corresponded to the definition used in the Commission Regulation (EC) N 643/2009 from 22 July 2009 on ecodesign requirements for household refrigerating appliances (hereinafter – the Regulation N 643/2009) and provided separation of term’s concept with the concept “products’ distribution”. Lack of the term “wine coolers” and lack of special provision on “wine coolers” in the Technical Regulations rendered impossible to import into Ukraine wine coolers due to their specific technical characteristics and high level of energy efficiency index. To resolve this problem, the EBA Consumer Electronics Committee proposed to include into the Technical Regulations a special provision that the energy efficiency index is not applicable to wine coolers. This proposal corresponded to the provisions of the Regulation N 643/2009 and took away obstacles to trade between Ukraine and the EU.
Thus, the EBA Consumer Electronics Committee elaborated and actively advocated these two ideas to different state authorities and first of all in the State Agency. As a result of the EBA’s efforts the State Agency has elaborated the draft CMU Resolution that took into account both EBA proposals and published it on its official web-site for public consideration.
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 of further developments.