Regulatory Affairs

09/ 10/ 2012

The Law of Ukraine “On Amendments to Some Laws of Ukraine concerning the Cancellation of Declarations of Conformity Registration” (Draft No 11242) adopted by the Verkhovna Rada on 2 October excludes the provisions on mandatory registration of declarations of conformity.

Background: The EBA for a long time advocated the cancellation of mandatory certification of products and replacement of certificates with conformity declarations according to the EU legislation in the sphere of technical regulations (in particular, New Approach Directives). According to these Directives the manufacturers/suppliers issue the declarations on products’ conformity according to the requirements of Directives, keep the set of relevant documents and bear responsibility for the conformity of manufactured products to current requirements. As the vast majority of products governed by technical regulations had to undergo the procedure of goods’ declaration with the further confirmation within conformity assessment bodies, such procedure was time-consuming and resulted in additional expenses for foreign producers and importers. However, after the cancellation of mandatory certification and the introduction of technical regulations for certain products the certification procedure was replaced by the registration of conformity declarations. This step didn’t simplify the procedure and was not in line with the EU legislation.

Thus the EBA conducted a series of meetings with the authorities and addressed a number of position papers providing arguments for the need of legislative changes to promote the EU practices by giving manufacturers and their representatives the right to issue declarations of conformity and recalling compulsory registration of the conformity declaration. The EBA also stressed that such obligatory registration contradicts with Ukraine’s obligations under World Trade Organisation’s agreements and the European Union Directives and sets technical barriers for trade.

We are happy to inform you that on 2 October 2012 the Verkhovna Rada of Ukraine finally adopted the Law of Ukraine “On Amendments to Some Laws of Ukraine concerning the Cancellation of Declarations of  Conformity Registration”  (Draft Law No 11242) as of 20 September 2012, which amends, in particular, the Article 32 of the Law of Ukraine “On Standards, Technical Regulations and Conformity Assessment Procedures”. This Law comes into force on the day following the day of its publication.

There are still some problems faced by EBA member companies in terms of labelling products with conformity marks and preparation of products’ accompanying documents. The EBA will proceed advocating changes to this procedures to protect legitimate interests of our members.

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