Key Benefits:
Technical regulations and conformity assessment
(Information of the Verkhovna Rada (VR), 2015, No. 14, pp. 96)
This Act defines legal and organizational arrangements for the development, adoption and application of technical regulations and the stipulated procedures of conformity assessment procedures, as well as the exercise of voluntary conformity assessment.
1. In this Act, the following terms are used in this respect:
Commissioning-Use of products for its purpose of consumer (user) in Ukraine for the first time;
The introduction to the circulation of products in the market of Ukraine for the first time;
Determined requirements-declared needs or expectations that are recorded in technical regulations, standards, technical specifications or in other ways;
The test laboratory is a conformity assessment body;
Tests are the determination of one or more of the characteristics of the conformity assessment object according to the procedure;
The manufacturer is any physical or legal entity (resident or non-resident of Ukraine) that makes products or commissions its development or manufacture and implements this products under its name or trading. The provisions of this Act concerning manufacturers are also applied to the montage of elevators;
The harmonized European standard is a standard adopted by one of the European standardization organizations based on a request made by the European Commission, and the number and the name published in the "Official visit of the European Union";
Correspondence declaration-confirmation of the correspondence by the first party (the person providing the object of conformity assessment);
the correspondence document is the declaration (including the declaration of correspondence), the protocol (including the test protocol), the report, the conclusion, the certificate, the certificate (including the correspondence certificate) or any other document confirming Perform the defined requirements that apply to an object of conformity assessment;
The concerned party is any physical or legal entity or public union without a legal entity (resident or non-resident of Ukraine) that has immediate or mediated interest in development activities, adoption and Apply the technical regulations and the prescribed procedures to assess compliance and/or use the results of the conformity assessment of the requirements of the technical regulations;
The sign of compliance with the technical regulations-labeling by which the manufacturer indicates that the products meet the requirements that apply to the specified output and defined in the technical regulations provided by the labeling of this labeling;
The importer is any physical or legal entity-a resident of Ukraine, which introduces a product of origin from another country in circulation on the market of Ukraine;
Inspection-verification of products, process, services or installation or their design and determination of their relevance to specific requirements or, based on professional judgment, general requirements;
comments-comments and suggestions for technical regulations and procedures for conformity assessment and their projects;
The conformity assessment module is a unified conformity assessment procedure, defined by the relevant legislation of the legislation of the European Union;
Provision of the market-any paid or free supply of products for the distribution, consumption or use of the Ukrainian market in the process of performing economic activities;
the object of conformity assessment is specific material, products, installation, process, service, system, person or body to which compliance is applied;
Inspection body is an organ on the conformity assessment of the inspection;
the conformity assessment body, the institution, the organization or their structural unit that exercise the conformity assessment, including testing, certification and inspection;
A certification authority is an authority for conformity assessment which is the third party and manages certification schemes;
the body that appoints, is the central executive body, authorized to appoint bodies of conformity assessment (including recognised independent organizations), limit the scope of their destination, temporarily stop or renew the decision-making action or to annoy these decisions;
conformity assessment-the process of proof that the defined requirements that apply to products, process, services, systems, persons or organ have been met. The evaluation of the conformity of the organ is carried out by the accreditation of the bodies of conformity assessment;
confirmation of the correspondence is the issuing of a correspondence document that is based on the critical review of the decision that the specified requirements have been proven;
the presumption of conformity-the assumption that is recognized by the credible until another, about the fact that the products associated with it or the production method or method of production or other object meet the requirements of the relevant technical regulation defined in the It is, and the body of conformity assessment meets special requirements for the appointed bodies of conformity assessment (further-appointed body) or recognized independent organizations;
the purpose is to provide an organ that assigns, the authority to the conformity assessment (including the recognized independent organization) of the right to act as a third party of certain tasks to assess compliance according to the relevant technical regulations;
A product is a substance, a drug or a commodity made during the production process;
The conformity assessment procedure is any procedure that directly or indirectly used to determine what the requirements are defined are executed;
Risk-the possibility of occurring and likely to scale the effects of negative impact over a period of time;
Distribution-provision of products in the Ukrainian market after introducing it to circulation;
The distributor is any other than a manufacturer or importer, a physical or legal entity in the supply chain that provides products in the market of Ukraine;
certification-the approval of the third party (a person who is independent from the person providing the relevance of the correspondence, and from the person involved in such an object as a consumer or user), which applies to the products, processes, Services, systems or personnel;
Compliance assessment system-rules, procedures and management to conduct conformity assessment;
Business entities-manufacturer, authorized representative, importer and distributor;
The scope is a list of conformity assessment procedures and the types of products according to the relevant technical regulations the conformity assessment is;
A technical specification is a document that establishes technical requirements that should satisfy the products, process or service;
technical regulation-legal regulation of relations in the sphere of the definition and execution of compulsory requirements to the characteristics of products or related processes and methods of production, and verification of their retention by means of conformity Public market surveillance and control of non-food products or other public oversight (control);
A technical regulation is a normative action that defines the characteristics of products or related processes and methods of production, including the relevant procedural provisions that are mandatory. It can also include or exclusively relate requirements to terminology, notation, packaging, labeling or etiquette to the extent in which they apply to the products, process or method of production;
An authorized representative is any physical or legal entity-a resident of Ukraine, who has received written instructions from his manufacturer to act on his behalf.
2. Terms "user", "supply chain of products", "supply of products", "public interests" are used in the meaning given in Laws of Ukraine "About the Safety of Non-Food Products".
3. In technical regulations and conformity assessment procedures, the application of which is predicted by the technical regulations, the terms and their definitions specified in part one of this article can be supplemented and/or elaborated.
1. This Act governs relationships arising from the development and adoption of technical regulations and the prescribed procedures of conformity assessment procedures, their application for products that are introduced in circulation, provided in the market or introduced in the Exploitation in Ukraine, as well as the implementation of voluntary conformity assessment.
The technical regulations and procedures for the conformity assessment, which are prescribed by technical regulations, may be set to the specifics of the regulation of the relationship on which the action is extended to this Act.
2. The action of this Act applies to all types of products, except:
Works of art and unique products of folk art;
Collectors items and antiques.
3. The action of this Act does not apply to:
Sanitary and fietsanitary activities;
Assessing the relevance of the quality of grain and products of its refining, seeds and sacrile material according to the laws of Ukraine "About grain and grain market in Ukraine" , "About seeds and horny material" ;
Assessing the relevance of wheeled vehicles and their parts;
the assessment of the conformity of agricultural and forestry tractors, their trailers and variable equipment, systems, component parts and individual technical units;
Measures to address public expertise in the areas of cryptographic and technical protection of information;
Mandatory assessment of services.
Mandatory evaluation of services is carried out in accordance with the legislation.
4. The action of this Act does not apply to a legislative procedure related to the Verkhovna Rada of Ukraine's draft of technical regulations and conformity assessment procedures that are approved by laws, their acceptance, by making changes to them and recognizing them They've lost their validity.
Procedural issues related to the development and adoption of the technical regulations and procedures of conformity assessment, the application of which is predicted by technical regulations, by making changes to them, recognizing them as having lost validity, and by the way they are being downloaded, which are not defined by this Act are determined by the relevant regulations.
5. The action of this Act does not apply to relations related to the implementation of certification of products in the state certification system, except for provisions Sections III-V in accordance with the features defined by the Decree of the Cabinet of Ministers of Ukraine dated 10 May 1993 No. 46-93 "Standardization and certification".
Article 3. Technical regulations and conformity assessment legislation
1. The legislation on technical regulations and conformity assessment consists of this Act, international treaties of Ukraine, the consent of which provided by the Verkhovna Rada of Ukraine, and other regulations governing relations in this country. of course.
2. In case if the international agreement of Ukraine, consent to the binding of the Verkhovna Rada of Ukraine, establishes other rules than those provided by the legislation on technical regulations and conformity assessment, rules apply. International Treaty of Ukraine.
Article 4. Information privacy
1. The information that is confidential or provided in accordance with the provisions of this Act on a confidential basis is protected in the mode of commercial secrecy. The relevant authorities do not disclose such information without the permission of persons or bodies that were provided, unless otherwise determined by the law.
Chapter II
POWERS OF THE EXECUTIVE BRANCH IN THE FIELD OF TECHNICAL REGULATION
Article 5. Powers of the Cabinet of Ministers of Ukraine in the field of technical regulation
1. The Cabinet of Ministers of Ukraine:
Ensures public policy in the area of technical regulation;
directs and coordinates the work of the central executive bodies on which the functions of technical regulation in the defined areas of activity (further-relevant central executive bodies);
Determines the areas of activity in which the relevant central executive bodies shall undertake the functions of technical regulation;
within their competence approves Technical regulations unless they are approved by laws or acts of the central executive bodies;
{Technical Regulations: Resolution of the CM No. 607 }
Approves the conformity assessment procedures that are provided by the technical regulations;
Concluding international treaties of Ukraine on the mutual recognition of the results of conformity assessment;
Has other powers in the area of technical regulation defined by the laws of Ukraine.
Article 6. Powers of the Central Executive Authority providing the formation of public policy in the field of technical regulation
1. The Central Executive Body, ensuring the formation of public policy in the field of technical regulation:
Prioritize the development of technical regulation in Ukraine;
Provides regulatory and regulatory regulation in the field of technical regulation;
Coordinates the development and revision of technical regulations and conformity assessment procedures;
Approves a plan to develop technical regulations for one or several calendar years;
Agree on the projects of technical regulations and conformity assessment procedures developed by the relevant central executive bodies;
Supervising the development and revision of technical regulations and conformity assessment procedures;
Defines the ordering of the formation and conduct of the database on technical regulations and the registry of appointed bodies and recognized independent organizations;
Prepares proposals for the conclusion of the international treaties of Ukraine on the mutual recognition of the results of conformity assessment and other technical regulation;
Provides international cooperation in the field of technical regulation with the relevant bodies of other states;
Exercises other powers defined by the laws of Ukraine.
Article 7. Powers of the Central Executive Authority implementing state policy in the field of technical regulation
1. The Central Executive Body implementing the State policy in the field of technical regulation:
Assigns the relevant central authorities to the executive branch of the executive branch of the conformity assessment bodies (including recognized independent organizations) to execute them as third parties of certain tasks on conformity assessment according to technical regulations The regulations provided for the application of conformity assessment procedures with the involvement of appointed entities or recognized independent organizations;
Organizes the relevant central executive bodies of the executive evaluation of the bodies of conformity assessment, which claim the appointment (further-the applicant to the destination) concerning their compliance with the requirements of appointed bodies or recognized Independent organizations (further-the evaluation of appointment applicants);
With the involvement of relevant central executive bodies monitoring appointed bodies and recognized independent organizations on their compliance with the appointed authorities or recognized independent organizations and the execution of their responsibilities established by this Act and relevant technical regulations (further monitoring of appointed bodies and recognized independent organizations);
Forms and leads the database on technical regulations and registry of appointed bodies and recognized independent organizations;
Exercises other powers defined by the laws of Ukraine.
2. The Central Executive Body implementing government policy in the field of technical regulation is the body that assigns.
Article 8. Powers of other central executive bodies in the field of technical regulation
1. The relevant central bodies of the executive branch within their competence are as follows:
To be developed and reviewed by technical regulations and procedures for the conformity assessment in the areas of activity;
Participate in the development of regulatory action projects in the field of technical regulation;
Provide the implementation of the elaborated and/or adopted technical regulations;
hold the evaluation of the applicants to the appointment and for its results serve as the central executive branch implementing state policy in the field of technical regulation, proposals for the appointment of organs with assessment of conformity or failure in the Its purpose;
Participate in the monitoring of appointed bodies and recognized independent organizations;
There are other powers in the area of technical regulation defined by the laws of Ukraine.
2. Apart from the authority established by part of the first of this article, the central authorities of the executive branch that provide the formation of public policy in the relevant areas within their competence shall approve:
Technical regulations, if not approved by laws or acts of the Cabinet of Ministers of Ukraine;
Methodological guidelines for the application of technical regulations;
The transfer of national standards, which is consistent with the presumption of conformity of products related to its processes or methods of production or other facilities of the requirements of technical regulations.
Chapter III
TECHNICAL REGULATIONS AND CONFORMITY ASSESSMENT PROCEDURES
Article 9. Technical regulations
1. Goals of the adoption of technical regulations are the protection of life and health of people, animals and plants, environmental protection and natural resources, ensuring energy efficiency, protection of property, ensuring national security and preventing entrepreneurial practices; which introduces the user's consumer (user) to Oman.
Other objectives of the adoption of technical regulations may also be defined by law.
2. Technical regulations are developed, accepted and applied based on the principles established by the Agreement by the World Trade Organization Trade Agreement , which is the plugin for The Treaty of Marrakech concerning the establishment of the World Trade Organization in 1994 .
3. Technical regulations are based on:
international standards if they are already accepted or are in the final stage of development or their respective parts, except when such international standards or their respective parts are ineffective or unsuitable for To achieve the objectives of the adoption of technical regulations, particularly as a result of significant climatic or geographical factors or significant technological problems;
regional standards, national standards of Ukraine or other states, acts of legislation of the European Union, other economic associations or other states or relevant parts of such standards and acts of legislation.
4. Technical regulations are approved by laws, acts of the Cabinet of Ministers of Ukraine and the central executive bodies.
Technical regulations provided for the application of conformity assessment procedures are approved by laws or acts of the Cabinet of Ministers of Ukraine.
5. A normative action that is defined by this Act of Technical Regulation is considered as a technical regulation regardless of the use in the name of such an act of words "technical regulations".
6. The definition in various technical regulations of special requirements that aim to prevent or remove the same kind of risk concerning the same kind of products is prohibited.
Article 10. Contents, form and structure of technical regulations
1. Technical regulations usually contain not limited to this list:
determining the types of products or related processes or methods of production which extend the action of technical regulations, and if the need to determine the types of products or related processes or methods of production that does not apply These technical regulations;
The technical requirements for which the products that are entered into circulation are provided in the market or entered into service. The specified technical requirements can be defined as essential requirements determining the level of protection of public interests and are formulated in terms of the results to be achieved;
The rights and obligations of household entities that apply to the introduction of products to the circulation, giving it to the market or entering it into service, and in case the technical regulations stipulate that others are involved than the owners of the household, the physical or legal persons, as well as their rights and duties;
Requirements for providing accompanying information on products for consumers (users), including labeling, usage instructions;
Special requirements for the implementation of public market surveillance on products.
2. Technical regulations, which are intended to apply conformity assessment procedures, are also generally contained, not limited to this list:
Conformity assessment procedures that must or may be used to evaluate the conformity of products with technical requirements defined in technical regulations, and in case such procedures are approved by other regulations-reference to Them;
Special requirements for appointed organs, their duties (in case technical regulations are provided for the application of conformity assessment procedures);
Requirements for the assembly, storage and provision of public market control declarations of compliance and technical documentation required for the conformity assessment of products;
rules and conditions for compliance with technical regulations.
3. In the case of technical regulations on the basis of European Union law, content, form and structure of such technical regulations must be maximally and accurately matched to the content, form and structure of the corresponding act legislation of the European Union with regard to the possibility of settlement of specific public relations by the rules of legislation of Ukraine.
The Cabinet of Ministers of Ukraine defines rules for the development of projects of technical regulations, approved by the Cabinet of Ministers of Ukraine, based on acts of legislation of the European Union.
4. If necessary, together with the technical regulations other than those approved by laws, the plans for measures to implement them are approved. Plans for the implementation of technical regulations approved by laws, if necessary, are approved by the Cabinet of Ministers of Ukraine.
Article 11. Compliance with the requirements of technical regulations
1. The validity of the goods entered in the market or entered in Ukraine the requirements of all the valid technical regulations applied to such products is mandatory, except for the cases defined in the specified technical regulations. Regulations and regulations Article 12 of this Act.
2. The response to the requirements of technical regulations may be provided by the application of national standards and/or technical specifications contained in the relevant technical regulations. Technical regulations are noted whether such national standards and/or technical specifications are considered to be the only way or to meet the relevant requirements of technical regulations.
3. Technical regulations may be stipulated that the correspondence of products related to it processes or methods of production or other objects by national standards lists which are approved by the relevant central body of the executive branch or of their The particles provide the presumption of the correspondence of such products related to it processes or methods of production or other objects of the requirements of the specified technical regulations which are covered by these standards or their parts and defined in the technical regulation.
4. In case the standard on the list of national standards does not fully meet requirements for which the standard is directed and defined in the relevant technical regulation, the relevant central executive body for The results of consultations with the national standardization body include such a standard to the list of national standards, does not include it, includes it with restrictions, leaves it on the list, leaving it on the list with restrictions or excludes it. listed.
In the list of national standards for standards included or retained in it with constraints, the content of the constraints is indicated by the presumption of compliance with the requirements of the relevant technical regulations due to the application of the specified technical regulations. standards or their particular provisions.
In case of the need for appropriate executive powers, the executive branch is addressed to the national body of standardization regarding the need to provide verification and revision of those standards contained in the list of national standards and the use of Provides a presumption of compliance with the requirements of technical regulations or provides it only in part.
5. In the case of inclusion in the list of national standards of the new standard to replace the standard previously included on the list, the date of termination of the presumption of compliance is indicated as a result of the replacement standard. This may be stipulated that prior to this date, the presumption of compliance is provided through the application of both the new and the replaced national standard.
6. In case the technical regulation was developed based on the European Union law of legislation, which is intended to provide a presumption of conformity of products related to it processes or methods of production or other facilities Harmonised European standards, until the list of national standards includes only national standards, which are identical to the relevant harmonised European standards.
The list of national standards takes account of the information about periods of provision and limitations of the presumption of compliance with the application of the relevant harmonized European standards.
7. The transfer of national standards is formed according to the methodological recommendations approved by the central body of the executive branch, which ensures the formation of public policy in the field of technical regulation.
The National Authority for Standardization of the requests of the relevant central executive bodies provides them with information and methodological assistance on the formation of national standards.
A list of national standards is approved for the first time to take effect by the relevant technical regulations and after this update is updated if necessary by its approval.
The relevant central executive bodies place the approval of national standards on their official websites not later than five working days from the day of their approval.
8. Manufacturers have the right to make other decisions to meet the requirements of technical regulations, in addition to the application of standards on the list of national standards.
9. In addition to compliance with the standards of national standards, technical regulations may be provided for other cases of the presumption of conformity of products related to processes or methods of production or other facilities.
The central executive body, providing the formation of public policy in metrology and metrology activities, accommodates on its official website reference to documents containing technical specifications taken by the International Commission. the organization of legislative metrology (normative documents of the International Organization of Legislative Metrology), and the transfer of parts of the specified regulatory documents, which comply with the presumption of conformity of the means of measuring equipment essential the requirements of technical regulations on the means of measuring are covered by such parts of normative documents. The marked references and transits are formed based on the relevant references and permeations published in the "Official visit of the European Union".
In case of technical regulations developed on the basis of European Union legislation, the presumption of conformity with the conformity of products or methods of production or other objects relevant to others is provided. standards for the list of national standards, regulatory documents and technical specifications (their position), and provided that links to such regulatory documents and technical specifications (their position) are published in the European Union Office Union ", relevant central executive bodies are placed on the their official websites to transfer relevant links.
10. Specific conditions to provide a presumption of conformity with the products associated with the processes or methods of production or other objects are determined by the technical regulations provided by its provision.
Article 12. Transitional periods for technical regulations
1. The rule of law, which is approved by the technical regulations, may be established to provide for the market or entry into service, which meets the requirements of the technical regulations that was valid before, and was introduced in circulation by day to take effect by the new technical regulations or not later, another term (line) established by the regulatory legal act, which is approved by the new technical regulation, cannot be prohibited or restricted from the reason for the disparity of such products New technical regulations.
2. Regulatory and legal act, approved by the technical regulations adopted for the first time or action previously undistributed to a certain type of products, may be established by the right to provide in the market or to enter service that does not meet to all or to separate the requirements of this technical regulation and have been put into the circulation of the day by the law of the law, by the law of the law (line) established by the law and law, which is approved by the technical regulations.
3. The representation on the market or the entry into the exploitation of the products defined in parts of the first and second of this article may be restricted to the term (line) established by the regulatory act, which is approved by the technical regulations. If the technical requirements for the products defined in the new technical regulation have not changed or changed significantly, compared to the technical regulations that were previously valid, the term (s) generally is not set.
Article 13. Methodological recommendations for the application of technical regulations
1. The relevant central authorities in the event of the need to approve the methodological guidelines for the application of technical regulations that have been developed and/or accepted, in order to dissolve their provisions and ensure their agreed application.
2. Methodological guidelines for the application of technical regulations not later than five working days from the day of their approval are placed on the official websites of the relevant central executive bodies that have been approved.
Article 14. Conformity assessment procedures with the use of technical regulations
1. The conformity assessment procedure, which is prescribed by technical regulations, is developed, accepted and applied on the basis of the principles established by Agreement by the World Trade Organization Trade Agreement , which is the plugin for The Treaty of Marrakech concerning the establishment of the World Trade Organization in 1994 .
2. The conformity assessment procedure, which is provided by the technical regulations, is developed on the basis of:
Guidelines or recommendations of international standardization organizations if they are already accepted or are in the final stage of the development or their respective parts, except when, as is properly asked by the request of the states- members of the World Trade Organization (further-WTO), such guidelines or recommendations or their respective parts are inappropriate for such reasons, including protecting the life or health of people, animals, or plants, environmental protection or natural resources, ensuring energy efficiency, property protection, national security, prevention and an entrepreneurial practice that introduces the user's consumer (user) into misleading, significant climatic or other geographic factors, essential technological or infrastructure issues;
Guidelines or recommendations of regional standardization organizations, acts of legislation of the European Union, other economic associations or other states or relevant parts of such guidelines, recommendations and acts of legislation.
3. In case of technical regulations for the envisaged application of conformity assessment procedures, such procedures are contained in technical regulations approved by laws or acts of the Cabinet of Ministers of Ukraine or separately approved by the Cabinet of Ministers. Ukraine.
4. The Cabinet of Ministers of Ukraine approves the conformity assessment modules used by the relevant central executive bodies to develop conformity assessment procedures, and rules the use of conformity assessment modules.
The conformity assessment modules are applied as the conformity assessment procedures in the case of reference to them in their respective technical regulations. In the case of which according to the part of third Article 9 Articles 9 of this Act shall be developed by technical regulations, containing procedures for conformity assessment, relevant technical regulations are not allowed reference to the conformity assessment modules approved by the Cabinet of Ministers of Ukraine.
Chapter IV
DESIGN AND ADOPTION OF TECHNICAL REGULATIONS AND CONFORMITY ASSESSMENT PROCEDURES
Article 15. Plan for the development of technical regulations
1. The plan for the development of technical regulations is based on the proposals of the relevant parties to one or several calendar years to ensure coordination of this activity.
2. The interests are presented in an arbitrary form of proposals to develop technical regulations, make changes to them or recognize them such that have lost the validity, the central body of the executive branch, which ensures the formation of public policy in of technical regulation.
3. The Central Executive Body, ensuring the formation of public policy in the field of technical regulation:
together with the relevant central executive bodies, examines all the proposed proposals for their compliance with the requirements defined by the Article 9 This Act supports or rejects them;
On the basis of the proposed proposals, a draft plan for the development of technical regulations and approves of the plan is to be approved, or to make appropriate changes to it;
no later than five working days from the day of the approval of a plan to develop technical regulations and changes to it by placing them on their official website.
Article 16. Design features of technical regulations and conformity assessment procedures
1. The National Standards Authority for the requests of the relevant central executive bodies that develop technical regulations and conformity assessment procedures are provided to them:
information on the validity of national standards that apply in the field of legal regulation of the draft technical regulation or conformity assessment procedure, or their expected acceptance, as well as information on the validity of the relevant International and regional standards, guidelines and recommendations of international and regional standardization organizations regarding conformity assessment procedures, and in the case of their absence-the respective national standards of other states;
Methodological assistance concerning the correctness of links in technical regulations and procedures for conformity assessment on national standards.
2. Draft technical regulations and conformity assessment procedures developed by the relevant central executive bodies are subject to agreeing with the central executive body providing the formation of public policy in the field of technical law. regulation, regarding the conformity of projects of legislation on technical regulations and conformity assessment.
Article 17. Features of the publication and discussion of technical regulations and conformity assessment procedures
1. Not later, the day of submission of a draft technical regulation or conformity assessment procedure to agree to the relevant authorities the relevant central executive body, which developed, accommodates on its official website. publish an appropriate project, and in case of a need-further publish this message to a different way, defined Law of Ukraine "On the basis of public regulatory policy in the sphere of economic activity".
Aside from the information defined Law of Ukraine "On the principles of the State regulatory policy in the sphere of economic activity", in a message to promulgate a draft of technical regulation or the conformity assessment procedure further:
the name of the project and the naming of the relevant central executive body developed;
Types of products that are designed to extend the action of the technical regulation or conformity assessment procedure;
Compressing the purpose and rationale for the need to adopt technical regulations or conformity assessment procedures;
Information about compliance with the project by appropriate international standards or guidelines or recommendations of international standardization organizations regarding conformity assessment procedures.
2. The draft technical regulation or conformity assessment procedure should be made public on the official website of the relevant central executive body that developed it and placed on it from the day of placement on the same website. a message to publish the relevant project to the end of a written comment line to this project. If necessary, the relevant central executive body further promulgates the draft technical regulation or conformity assessment procedure in another way, defined by the Law of Ukraine "On the basis of public regulatory policy in the sphere of economic activity".
3. In the case of an appropriate international standard or a recommendation of an international organization of standardization on the conformity assessment procedure the missing or technical content of the elaborated technical regulation or conformity assessment procedure is not corresponds to the technical content of relevant international standards or guidelines or recommendations of international standardization organizations regarding conformity assessment procedures and if technical regulations or conformity assessment procedure may have significant impact on trade with States members of the WTO, the relevant central authority The executive branch, that his (her) developed, should:
It is not delayed after publishing a technical regulation project or a compliance procedure on its official website, but not later than five working days from the day of such publication, to provide to the members of the WTO on the relevant draft Technical regulation or procedures for conformity assessment by form, in volume and order defined by WTO rules;
to ask the competent authorities of the members of the WTO to provide them with a detailed description or copy of the text of the draft technical regulation or conformity assessment procedure, and for the opportunity to mark those parts of the project in which it is significantly deviated from Relevant international standards or guidelines or recommendations of international standardization organizations regarding conformity assessment procedures;
WTO members submit written comments to the draft technical regulation or conformity assessment procedure, discuss such comments on their requests and take into account these written comments and their results Discussion.
The reports and other documents identified by this part are provided by the relevant central executive agencies through the central executive body implementing state policy in economic development, according to the requirements. Article 22 of this Act. Responses to the written comments by the competent authorities of the WTO member states must be given to the day of the adoption of the relevant technical regulation or conformity assessment procedure.
4. The significant impact of technical regulations and conformity assessment procedures on trade with WTO member states are set according to criteria defined by the WTO rules.
5. The writing of written comments to the draft technical regulation or conformity assessment procedure cannot be less than 60 days from the day:
Publication of the project on the official website of the relevant central executive body-for the submission of comments by stakeholders;
Distribution of the Secretariat of the WTO on the relevant draft among the states-members of the WTO-to represent comments by the competent authorities of the specified states.
The term of submission of written comments must be defined in such a way that it is sufficient to provide sufficient time to discuss the relevant comments with the involved parties and the possibility of making the necessary changes to the technical projects required if necessary. Regulations or procedures for conformity assessment in accordance with the established law of order of the drafting of legal and legal acts.
6. The respective executive bodies of the executive branch shall report to the members of the WTO on standards whose application is set by technical regulations and which have others defined by this Act of technical regulations at the same time. Reports on technical regulations are envisaged to establish a requirement for the application of such standards. The granting of messages and other documents regarding the specified standards and their deliberations shall be carried out in the order defined by part of the third and paragraph's first, third and fourth parts of the fifth of this article.
7. International treaties of Ukraine and obligations stemming from the membership of Ukraine in international and regional organizations may provide additional information on the exchange of information on technical regulations and evaluation procedures According to other states.
Article 18. Features of the development and adoption of technical regulations and procedures for conformity assessment
1. In case of occurrence or threat of urgent problems in protecting the life or health of people, animals or plants, environmental protection or natural resources or national security that require urgent adoption of technical regulations or the conformity assessment procedures, the relevant central executive authority shall have the right to not perform all or individual duties set forth part of third article 17 of this Act, provided that following the adoption of the specified technical regulation or the conformity assessment procedure, this body should:
no later than five working days from the day of the official publication of the technical regulations or the conformity assessment procedures adopted under emergency circumstances, give member WTO members a relevant technical regulation or evaluation procedure. According to the form, in volume and order defined by the rules of the WTO;
To request the competent authorities of the members of the WTO to provide them with copies of the technical regulations or conformity assessment procedures adopted under emergency circumstances;
WTO members submit written comments to technical regulations or conformity assessment procedures adopted under inappropriate circumstances, discuss such comments for their requests and take into account those written comments and results of their discussion.
The reports and other documents identified by this part are provided by the relevant central executive agencies through the central executive body implementing state policy in economic development, according to the requirements. Article 22 of this Act.
2. The presence or absence of non-delayed circumstances defined by the first of this article is set in the relevant conclusion of the central executive body, which ensures the formation of public policy in the field of technical regulation. The specified conclusion is prepared for the results of a written justification for the presence of the relevant circumstances provided by the central body of the executive branch, and is granted to this body in the prescribed order.
3. The lines of submission by the competent bodies of the WTO members of written comments to the technical regulations or the conformity assessment procedure shall not be less than 60 days from the distribution day of the Secretariat of the WTO. a report on the relevant technical regulation or procedure for conformity with the specified states.
Lines of submission made by interested parties in written comments to the elaborated circumstances of the draft technical regulation or conformity assessment procedure established by the part of the fifth article 17 of this Act may be reduced, but cannot be less than minimum rows, predicted. Law of Ukraine "On the basis of public regulatory policy in the sphere of economic activity".
4. The central executive bodies shall report to the members of the WTO on standards whose application is set by technical regulations and which have others defined by this Act of technical regulations at the same time. Reports on technical regulations adopted under emergency circumstances set by the obligation to apply such standards. Providing messages and other documents regarding the specified standards and their discussion are carried out in a manner defined by the first and first part of the third of this article.
5. The relevant central executive body for the results of written comments by the competent authorities of the WTO is reviewing the technical regulations or conformity assessment procedure passed under the urgent circumstances, defined part of third Article 20 of this Act.
Article 19. Features of the publication of technical regulations and procedures for compliance and in force
1. All normative legal acts which are approved by technical regulations and procedures for conformity assessment and regulatory and legal acts on making changes to the specified regulations or approved technical regulations and evaluation procedures the relevance or recognition of the specified regulatory and legal acts such that have lost the validity of whether their abolition is subject to the publication of the information bulletin "Official Gazette of Ukraine" regardless of their publication in other official publications See the papers defined by the legislation.
2. Regulatory and legal acts which are approved by the technical regulations and conformity assessment procedures or by making changes to them, except for normative acts adopted under the inappropriate circumstances defined by Article 18 this Act, takes effect in the term defined by these regulatory legal acts, but not before six months from the day of their official publication, in order to provide the subjects of the household time to bring their products or related products. its processes or methods of production according to new requirements.
Article 20. Review of technical regulations and conformity assessment procedures
1. The governing bodies of the executive branch are reviewing technical regulations and conformity assessment procedures that they have developed and/or adopted, subject to their compliance with the requirements of this Act to determine the needs of the changes made to them. Or to recognize them as they have lost their validity.
A view of the technical regulations and procedures for conformity assessment from other subjects than those defined by this Act is carried out in accordance with the legislation.
2. Technical regulations are at least once every five years from the day:
the effect of the changes made by the results of the previous revision;
Providing appropriate central executive authorities for information on leaving them without changes in the results of the preview.
The technical regulations are based on technical regulations that make changes to the technical regulations for the results of their view, with the date of the changes being given to these changes. Technical regulations are indicated in the database on technical regulations as such that the results of their views have been abandoned without change, with the date given to give appropriate central executive authorities information about it to the central authority. The General Assembly that provides the formation of public policy in the field of technical regulation.
3. Technical regulations and conformity assessment procedures that have been taken under urgent circumstances other than the lines defined by the second of this article are also reviewed not later than six months from the day of their official publication.
4. Technical regulations and conformity assessment procedures are also subject to revision in the case of making changes to documents based on third article 9 and part of the second article 14 Such technical regulations and conformity assessment procedures have been developed, the recognition of these documents such that the validity of the abolition or the abolition of these documents.
5. The relevant central executive bodies after completion of the review are providing the central executive body, which ensures the formation of public policy in the field of technical regulation, information made by them findings about the needs of There are changes to the technical regulations and conformity assessment procedures, recognizing them as having lost validity, or leaving them without change.
In case of a revision of the technical regulations and conformity assessment procedures and the lines defined by this Act have not been conducted, they are reviewed by the relevant central executive bodies at the suggestion of the central authority. The General Assembly that provides the formation of public policy in the field of technical regulation.
