Regulatory Affairs, Consumer Electronics
Due to the efforts of the European Business Association (hereinafter – the Association) the Draft Law of Ukraine “On Technical Regulations and Conformity Assessment” (hereinafter – the Draft Law) creating a new framework for elaboration, adoption and application of technical regulations and conformity assessment procedures, was finally published on the official website of the Ministry of Economic Development and Trade of Ukraine (hereinafter – the Ministry) on 14 April 2014.
Background:At present, the elaboration and application of different technical regulations and the conformity assessment are regulated by a number of obsolete legal acts, for instance: the Law of Ukraine “On Conformity Assessment” No2406-III from 17 May 2001, the Law of Ukraine “On Standards, Technical Regulations and Conformity Assessment Procedures” No3164-IV from 1 December 2005 and some other regulations. However, some provisions of these legal acts are duplicated or are not consistent with each other. Moreover, they do not take into account certain provisions of the WTO Agreement on Technical Barriers to Trade, dated 15 April 1994, and European Union (hereinafter – EU) requirements.
Thus, the Association strongly supported the idea of elaborating a new framework legal act in this sphere and provided a number of proposals. In particular, we provided the Ministry with suggestions relating to the requirements of the Declaration of Conformity and to some conformity assessment procedures. For example, most EU Directives do not establish a mandatory form for the Declaration of Conformity. But manufacturers or importers in the EU could submit a single Declaration of Conformity to certify compliance with all relevant EU Directives in this area. Thus, the Association advocated the idea of providing manufactures and importers in Ukraine with a similar right to submit a single Declaration of Conformity to certify compliance with all relevant technical regulations.
We are glad to inform you that the Ministry has taken into account this and some of our other proposals and reflected them in the Draft Law. At the same time we will continue our lobbing activities aimed at improving some provisions of this Draft Law and to secure its adoption in the Parliament of Ukraine.
We would like to express our gratitude to the Ministry for elaborating and publishing this Draft Law. Moreover, we would like to thank all members of the Association who contributed to our lobbying efforts that resulted in this progress and we will keep you updated on all further developments