Business calls to establish European requirements to conformity mark in Ukraine

25/ 09/ 2019

Both in the production (household chemicals, detergents, etc.), and in its labeling, the business strives to use the latest technologies and innovative approaches to work in order to fully and qualitatively meet the needs of consumers. In the context of packaging, for example, we are talking about the creation of bottles for detergents of a special form, in particular, ergonomic, more convenient for use by consumers. However, this packaging in combination with heat shrinkable technology of applying the tape with the label and compact placement of product information, have a slight optical deformation of the shape of the conformity mark (shamrock). According to European Business Association member companies, EU regulators do not qualify this deformation as law violation and, accordingly, do not impose sanctions on companies in this regard. After all, this deformation is a completely normal production process. Unfortunately, the situation in Ukraine is opposite to the EU. A purely technical change in the form of conformity mark in the process of labeling on the packaging, which have no influence on the quality of the products and make no harm on the product users, is still the basis for imposing significant penalties (from 1275 to 34 thousand UAH) and application of corrective measures. Therefore, according to the EBA experts, deformation of the national conformity mark resulting from the production process don’t have to be considered as a violation in Ukraine if we strive to have civilized European rules of the game. Last week, the Ministry of Economic Development and Trade published a draft resolution on amendments to the CMU resolution # 118, aimed at solving this issue, with a description of the conformity mark. However, according to business, some aspects still need clarification in the document. Thus, the number of cases where inspection bodies subjectively and without a proper understanding of production processes treat the absence of a conformity mark (shamrock) directly on electrical equipment (even if it is present on packaging and accompanying documentation), as a violation of the requirements of technical regulations despite the features of the product – increased in recent years. As a result, each time companies are forced to defend their rights in courts that last for years and cost thousands of euros. At the same time, in the EU, there are cases where the CE marking (similar to our shamrock) is applied, for example, only to packaging, if the affixing of the mark to the product is impossible due to justified technical or economic conditions. Therefore, business community proposes to supplement the Draft Resolution with the norm in which to determine that the impossibility or unjustifiability of affixing a conformity mark directly to a product is, first and foremost, a manufacturer task as he knows all the specifics of the production process and peculiarities of entering this product into the Ukrainian market. Therefore, the applying of conformity mark to the accompanying document and packaging must not be regarded as an infringement if the manufacturer claims that it isn’t possible to apply directly to the product or if it’s unjustified because of the nature of the product. European Business Association requests the Ministry of Economic Development to take into account the proposal from business in the draft resolution. According to business, it is important to consider not only the possibility of slight deformation of the conformity mark applied to the packaging (not more than 20% if it remains visible and legible), but also the possibility to apply the mark on the packaging and accompanying documentation in case if the manufacturer claims that this mark can’t be applied directly to the product. So, we hope the voice of the conscious business will be heard!

In the context of packaging, for example, we are talking about the creation of bottles for detergents of a special form, in particular, ergonomic, more convenient for use by consumers. However, this packaging in combination with heat shrinkable technology of applying the tape with the label and compact placement of product information, have a slight optical deformation of the shape of the conformity mark (shamrock).

According to European Business Association member companies, EU regulators do not qualify this deformation as law violation and, accordingly, do not impose sanctions on companies in this regard. After all, this deformation is a completely normal production process.

Unfortunately, the situation in Ukraine is opposite to the EU. A purely technical change in the form of conformity mark in the process of labeling on the packaging, which have no influence on the quality of the products and make no harm on the product users, is still the basis for imposing significant penalties (from 1275 to 34 thousand UAH) and application of corrective measures.

Therefore, according to the EBA experts, deformation of the national conformity mark resulting from the production process don’t have to be considered as a violation in Ukraine if we strive to have civilized European rules of the game.

Last week, the Ministry of Economic Development and Trade published a draft resolution on amendments to the CMU resolution # 118, aimed at solving this issue, with a description of the conformity mark. However, according to business, some aspects still need clarification in the document.

Thus, the number of cases where inspection bodies subjectively and without a proper understanding of production processes treat the absence of a conformity mark (shamrock) directly on electrical equipment (even if it is present on packaging and accompanying documentation), as a violation of the requirements of technical regulations despite the features of the product – increased in recent years. As a result, each time companies are forced to defend their rights in courts that last for years and cost thousands of euros. At the same time, in the EU, there are cases where the CE marking (similar to our shamrock) is applied, for example, only to packaging, if the affixing of the mark to the product is impossible due to justified technical or economic conditions.

Therefore, business community proposes to supplement the Draft Resolution with the norm in which to determine that the impossibility or unjustifiability of affixing a conformity mark directly to a product is, first and foremost, a manufacturer task as he knows all the specifics of the production process and peculiarities of entering this product into the Ukrainian market. Therefore, the applying of conformity mark to the accompanying document and packaging must not be regarded as an infringement if the manufacturer claims that it isn’t possible to apply directly to the product or if it’s unjustified because of the nature of the product.

European Business Association requests the Ministry of Economic Development to take into account the proposal from business in the draft resolution. According to business, it is important to consider not only the possibility of slight deformation of the conformity mark applied to the packaging (not more than 20% if it remains visible and legible), but also the possibility to apply the mark on the packaging and accompanying documentation in case if the manufacturer claims that this mark can’t be applied directly to the product. So, we hope the voice of the conscious business will be heard!