Adoption of the Law “On Technical Regulations and Conformity Assessment”
Due to the efforts of the European Business Association (hereinafter – the Association), the Law of Ukraine “On Technical Regulations and Conformity Assessment” №124-VIII (hereinafter – the Law), creating a new framework for the elaboration, adoption and application of technical regulations and conformity assessment procedures, was adopted by the Ukrainian Parliament on 15 January 2015 and was officially published on 10 February 2015.
Background: For years the elaboration and application of different technical regulations and the conformity assessment have been regulated by a number of obsolete legal acts in Ukraine, 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 have been duplicated or were not consistent with each other. Moreover, they did 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 European Business Association (hereinafter – EBA) strongly supported the idea of elaborating a new framework legal act in this sphere and provided a number of proposals. In particular, we provided suggestions relating to the requirements of the Declaration of Conformity, to the understanding of the term “introduction into the market” in different legal acts 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, EBA advocated the idea of providing manufacturers and importers in Ukraine with a similar right to submit a single Declaration of Conformity to certify compliance with all relevant technical regulations.
Today we are pleased to announce that the new Law of Ukraine “On Technical Regulations and Conformity Assessment” №124-VIII (hereinafter – the Law) took into account proposals from the business community. Additionally, we inform that the Law will take effect one year after the date of publication (except for certain provisions).
We would like to express our gratitude to the authors of the Law and all institutions involved in the process of its elaboration and adoption. Moreover, we would like to thank all EBA members who contributed to our lobbying efforts that resulted in this success!