Consumer Electronics, Regulatory Affairs, Retail
The EBA welcomes adoption and official publication of the Law on Amendments to Certain Legislative Acts aimed to Reduce the Market Surveillance Authorities’ pressure No.367-IX, which will enter into force on 20 March 2020. During a long time, EBA supported the necessity to amend the market surveillance legislation and provided many proposals, most of which were taken into account.
Law No.367-IX introduces a number of positive changes. First, it cancels the possibility of market surveillance authorities to require a business to provide a non-exhaustive list of documents during the audit. Secondly, it removes non-existent documents from the list of papers that could be required by the controlling authorities during checks. Thirdly, it eliminates penalties for formal violations, such as the absence of a declaration of conformity or incorrect labelling, where the mark of conformity is not affixed to the product but to the packaging, etc.
The only proposal from the business community that was not taken into account relates to the significant increase in fines for so-called serious violations. Therefore, we hope that there will be no attempts by market surveillance authorities to abuse this provision and to apply new high fines for law-abiding companies.
Moreover, we believe that the adoption of this Law is an essential step towards the signing of the ACAA agreement with the EU on mutual recognition of conformity assessment procedures and therefore will contribute to the trade growth.
We are grateful to the Parliament and Ministry of Economy for fruitful cooperation with the business society in elaboration of this Law.
In case you require additional information, please contact Viktoriia.Kulykova@eba.com.ua, Consumer Electronics Committee manager.