On 8 April 2013 the CMU Resolution “On Amendments to Certain CMU Resolutions” N 235 (hereinafter – the Resolution N 235) that provided amendments to 17 technical regulations, 2 CMU Resolutions was adopted. The Resolution N 235 excluded the provisions on mandatory registration of conformity declarations from 17 technical regulations and 2 CMU Resolutions and brought them in line with the current legislation.
Background: After the cancellation of mandatory certification and the introduction of technical regulations for certain products in Ukraine the certification procedure was replaced by the registration of conformity declarations. This was not in line with EU legislation, created time-consuming procedures and resulted in additional expenses for foreign producers and importers. The EBA for a long time advocated the cancellation of mandatory registration of conformity declarations, conducted a series of meetings with the authorities and addressed a number of position papers providing arguments for the need for legislative changes.
As a result of the EBA’s long-lasting efforts the Verkhovna Rada on 2 October 2012 adopted the Law of Ukraine “On Amendments to Some Laws of Ukraine concerning the Cancellation of Registration of Conformity Declaration” N 5312-VI which excluded provisions on mandatory registration of conformity declarations in relevant national laws. However, provisions on mandatory registration of conformity declarations were still present in 17 technical regulations and 2 CMU Resolutions. This contradicted Ukrainian legislation, in particular to the Laws of Ukraine “On Conformity Assessment”, “On Consumer Rights’ Protection” and “On Standards, Technical Regulations and Conformity Assessment Procedures” and legislate against creation of a transparent legal framework in which the same requirements are consistent with each other. The EBA had constantly drawn attention of the representatives of state authorities to this fact.
We are happy to inform you that on 8 April 2013 the Cabinet of Ministers of Ukraine finally adopted the Resolution N 235 that excluded the provisions on mandatory registration of conformity declarations from 17 technical regulations and 2 CMU Resolutions and brought them in line with the current legislation. This Resolution will come into force on the day following the day of its publication.
There are still some legislative changes to be done in order to harmonise Ukrainian legislation with acquis communautaire, e.g. provision of a single conformity declaration to certify compliance with all relevant technical regulations. The EBA will proceed advocating these changes in order to simplify these procedures, to bring them in line with EU legislation and to protect the legitimate interests of our members.