The law introduces European principles of product testing and strengthens the responsibility of business entities for product compliance with technical regulations.
President of Ukraine Volodymyr Zelenskyy signed Law 4831-IX on Amendments to Certain Laws of Ukraine on Harmonizing the Scope of Accreditation of Conformity Assessment Bodies and the Technical Regulation System with the Requirements of the European Union — Bill No. 12221. This is reported by Sudovo-Yurydychna Gazeta, the PromPolitInform portal reports.
The document is a step towards the recognition of Ukrainian goods in the EU. The law is a necessary condition for concluding the ACAA Agreement (“industrial visa-free travel”), introduces European principles of product testing and strengthens the responsibility of business entities for product compliance with technical regulations.
As the publication previously wrote, the law harmonizes the Ukrainian accreditation and technical regulation system with EU requirements. This will allow Ukrainian industrial goods to enter the EU markets more easily and will facilitate their production in accordance with European safety standards.
The document proposes to implement all the norms of Regulation 765 and Decision 768 recommended by European experts into the Laws of Ukraine “On Accreditation of Conformity Assessment Bodies” and “On Technical Regulations and Conformity Assessment”, in particular regarding:
– balanced representation of stakeholders in the structure of the national accreditation body of Ukraine;
– establishing the principle of non-competition of the national accreditation body of Ukraine with the national accreditation bodies of the EU Member States;
– determining the conditions for the national accreditation body of Ukraine to conduct cross-border accreditation;
– establishing the principle of recognition in Ukraine of the results of accreditation of conformity assessment bodies carried out by the national accreditation bodies of the EU Member States that have received positive results of mutual evaluation within the framework of the European regional accreditation organization;
– on interaction with the European Commission and the authorities of the EU Member States within the framework of the ACAA Agreement, and the national accreditation body of Ukraine on interaction with the national accreditation bodies of the EU Member States;
– expanding the concept of presumption of conformity of the conformity assessment body and products with the established requirements in the case of application of national standards of the EU Member States that are identical to the relevant harmonized European standards;
– providing for the responsibility of economic operators who place or make products available on the market (within the scope of their obligations in the supply chain) for their compliance with the requirements of all applicable technical regulations that apply to them, as well as for ensuring that all information they provide regarding their products is accurate, complete and complies with the requirements of the applicable technical regulations;
– clarifying the requirements for the designating body;
– establishing restrictions on the conclusion by designated conformity assessment bodies of agreements on the recognition of the results of conformity assessment work with foreign accredited conformity assessment bodies in sectors covered by the ACAA Agreement.
Most of the above provisions will enter into force simultaneously with the entry into force of the ACAA Agreement.
In addition, the document based on the results of the application of the legislation of Ukraine on accreditation of conformity assessment bodies and technical regulation proposes some clarifications.
