Regulatory Affairs, Consumer Electronics
Due to long-lasting EBA efforts and newly established channels of communication with the Ministry on Economic Development and Trade, on 19 March the Draft Resolution of the Cabinet of Ministers of Ukraine “On Amending the Rules for Use of National Conformity Mark” was published. These Rules were adopted by CMU Resolution No1599, dated 29 November 2001.
Background:one of the most pressing issues that business faces when labeling the national mark of conformity is the inability to use this national mark on certain types of goods. This is caused by a number of factors including:
– The property of certain goods (e.g. detergents and various mixtures), the surface or design of a product (e.g. electric toothbrushes);
– The requirements for labelling with the national mark of conformity (approved by CMU Resolution No1599) (e.g. some types of electrical goods and personal protective equipment cannot be labelled with the national mark in accordance with the requirements approved by CMU Resolution No1599);
– The economic burden posed by some requirements for labelling (e.g. small batches of products, or ones that come in a single item etc.);
– The Ukrainian national conformity mark can’t be labelled on products at the production line and the simultaneous inability to open packaging before receipt of products by consumers, because any interference with a package is considered as damage to the products’ quality.
The Association conducted a variety of working meetings and roundtables and sent numerous appeals to state authorities on this matter.
Due to the favorable position of the new government, on 19 March the Ministry of Economic Development and Trade of Ukraine issued the Draft Resolution “On Amending the Rules for Use of the National Conformity Mark”. The Draft Resolution contains the following wording in the first sentence of part 5 of the Rules for Use of the National Conformity Mark, approved by CMU Resolution No1599: “The conformity mark is labelled on the product or sticker, container, packaging, operating and shipping documentation when it is impossible or unjustified to label it directly on product”. This provision in case of adoption will help in the nearest future to eliminate abuses of state bodies regarding this issue.
Moreover, the Association emphasizes that under such circumstances a producer is entitled to determine which factors make it impossible to place a national conformity mark on products (as is allowed under EU legislation) and require labelling on an appropriate part of the packaging instead, as long as this is not contrary to the Law of Ukraine “On Protection of Consumer Rights” No1023-XII dated 12 May 1991.
We also continue to promote the idea of accelerating the process of signing the Agreement on Conformity Assessment and Acceptance of Industrial Products (ACAA) by the EU and Ukraine and recognition of CE marking in Ukraine.
We are grateful to the staff of EBA company-members from the Consumer, Electronics and Regulatory Affairs Committees who during this long period of time were working on this issue and expressed hope of resolving it soon!
1 DECISION No 768/2008/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC. Article R12 Rules and conditions for affixing the CE marking: “1. The CE marking shall be affixed visibly, legibly and indelibly to the product or to its data plate. Where that is not possible or not warranted on account of the nature of the product, it shall be affixed to the packaging and to the accompanying documents, where the legislation concerned provides for such documents”.