Ukraine: Further harmonization with EU product compliance laws

 

Ukraine has published the draft Law of Ukraine “On Amendments to Certain Laws of Ukraine on Improving the State Market Supervision and Technical Regulation System in Accordance with the Requirements of the European Union”.

Currently, Ukraine has in force the Law of Ukraine No. 2735-VI “On State Market Supervision and Control of Non-Food Products” of 02 December 2010 (as amended) that is based on the provisions of the Decision No 768/2008/EC of the European Parliament and of the Council of 09 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC as well as Regulation (EC) No 765/2008 of the European Parliament and of the Council of 09 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93.

Given that the EU market surveillance legislation has been revised and Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 has been adopted, the proposed draft Law aims to implement certain provisions of Regulation (EU) 2019/1020 into the Ukraine’s legislation on state market supervision.

Thus, the draft Law provides for, in particular:

– application of market supervision of products offered for sale online or through other means of distance sales;

– extension the list of operators subject to state market supervision such as fulfilment service providers, information society service providers;

– setting requirements for drawing-up a national market supervision strategy;

– defining the powers of market supervision authorities in case of violations that may cause serious and irreparable risk to end user due to non-compliant products offered for sale online or through other means of distance sales;

– enabling organizations representing economic operators or end users to make the agreements on joint activities with market supervision authorities;

– enabling to take samples of products subject to examination (testing) by non-destructive control methods on a free-of-charge basis with return of such samples to the owner if no non-compliance was identified. In so doing, market supervision authorities are obliged to ensure proper storage and transportation of such samples;

– improving procedures for the control of non-food products when they are imported into the customs territory of Ukraine, and enhancing interaction between customs authorities and market supervision authorities.

The full text of the proposed law can be accessed HERE.

To find out more about product compliance in Ukraine and worldwide, please contact the Product Compliance Institute directly.