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Regulatory Affairs

13/ 09/ 2013
  The EBA suggestion regarding the non-application of the Law of Ukraine No. 5177-VI dated 6 July 2012, on vehicles by commodity headings 8704 according to Ukrainian Classification of Goods for Foreign Economic Activity (hereinafter - UKT ZED), was included into Draft Law No. 2001a dated 15 May 2013. Background: The Law of Ukraine “On Amendments to the Law of Ukraine “On Some Issues relating to Imports into the Customs Territory of Ukraine and Vehicles’ Registration regarding the vehicles” No. 5177 - VI dated 6 July 2012 which also applies to vehicles by commodity headings 8704 according to UKT ZED came into force on 8 August 2012. This group of commodity headings includes both road vehicles and heavy off-road dump trucks, which are used in mining quarries, are not used on public roads and are not subject to registration with the State Automobile Inspection of Ukraine. In addition, the production of off-road equipment by world manufacturers is executed only in accordance with the environmental regulations of the European Union “Stage”, which are harmonized with the USA standards “Tier Standard”. In view of the above, there is a situation of actual impossibility to supply into Ukraine the quarry off-road dump trucks (which cannot meet the environmental standards “Euro-3,-4,-5,-6”) for mining companies and processing industries that required for constantly developing, bringing technical equipment and modernizing. The Association appealed to the Prime Minister of Ukraine on 21 December 2012 with regard to seeking the removal of obstacles for importing equipment (such as heavy off-road dump trucks) into Ukraine (the letter of the Association is No. 1332/2012). Moreover, the Association held a meeting between the member-companies and the authorized representatives of the Ministry of Infrastructure of Ukraine in order to coordinate positions on the problematic issue. We are pleased to announce that on 15 May the Verkhovna Rada of Ukraine registered the Draft Law of Ukraine “On Amendments to the Law of Ukraine “On Some Issues relating to Imports into the Customs Territory of Ukraine and Vehicles’ Registration” (regarding non-application of the Law on vehicles that are not subject to environmental standards “Euro- 0” – “Euro 6”)” No. 2001a (hereinafter – the Draft Law No. 2001a). On 5 September the General Scientific and Expert Department concluded that the Draft Law No. 2001a might be adopted as a basis for the results of the first reading. The main declared purpose of the Draft Law No. 2001a is the elimination of any ambiguous interpretation of certain provisions of the Law of Ukraine No. 2739 -IV dated 6 July 2005 and provisions for the non-application of this draft on vehicles that are not subject to environmental standards “Euro -0” – “Euro- 6”. We want to thank the Cabinet of Ministers of Ukraine and other Ministries for their cooperation and openness and also to all member-companies of the Association for their active participation and persistence in solving this problem. The Association will continue to work to resolve any problematic issues for our members, in order to protect their legitimate interests.



The EBA suggestion regarding the non-application of the Law of Ukraine No. 5177-VI dated 6 July 2012, on vehicles by commodity headings 8704 according to Ukrainian Classification of Goods for Foreign Economic Activity (hereinafter – UKT ZED), was included into Draft Law No. 2001a dated 15 May 2013.


Background: The Law of Ukraine “On Amendments to the Law of Ukraine “On Some Issues relating to Imports into the Customs Territory of Ukraine and Vehicles’ Registration regarding the vehicles” No. 5177 – VI dated 6 July 2012 which also applies to vehicles by commodity headings 8704 according to UKT ZED came into force on 8 August 2012.


This group of commodity headings includes both road vehicles and heavy off-road dump trucks, which are used in mining quarries, are not used on public roads and are not subject to registration with the State Automobile Inspection of Ukraine. In addition, the production of off-road equipment by world manufacturers is executed only in accordance with the environmental regulations of the European Union “Stage”, which are harmonized with the USA standards “Tier Standard”.


In view of the above, there is a situation of actual impossibility to supply into Ukraine the quarry off-road dump trucks (which cannot meet the environmental standards “Euro-3,-4,-5,-6”) for mining companies and processing industries that required for constantly developing, bringing technical equipment and modernizing.


The Association appealed to the Prime Minister of Ukraine on 21 December 2012 with regard to seeking the removal of obstacles for importing equipment (such as heavy off-road dump trucks) into Ukraine (the letter of the Association is No. 1332/2012).


Moreover, the Association held a meeting between the member-companies and the authorized representatives of the Ministry of Infrastructure of Ukraine in order to coordinate positions on the problematic issue.


We are pleased to announce that on 15 May the Verkhovna Rada of Ukraine registered the Draft Law of Ukraine “On Amendments to the Law of Ukraine “On Some Issues relating to Imports into the Customs Territory of Ukraine and Vehicles’ Registration” (regarding non-application of the Law on vehicles that are not subject to environmental standards “Euro- 0” – “Euro 6”)” No. 2001a (hereinafter – the Draft Law No. 2001a). On 5 September the General Scientific and Expert Department concluded that the Draft Law No. 2001a might be adopted as a basis for the results of the first reading.


The main declared purpose of the Draft Law No. 2001a is the elimination of any ambiguous interpretation of certain provisions of the Law of Ukraine No. 2739 -IV dated 6 July 2005 and provisions for the non-application of this draft on vehicles that are not subject to environmental standards “Euro -0” – “Euro- 6”.


We want to thank the Cabinet of Ministers of Ukraine and other Ministries for their cooperation and openness and also to all member-companies of the Association for their active participation and persistence in solving this problem. The Association will continue to work to resolve any problematic issues for our members, in order to protect their legitimate interests.

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