Analysis of the Draft Law:
Analysis of the Draft Law on Amendments to Certain Laws of Ukraine Regarding Harmonization of the Accreditation Sphere
Essence of the Draft Law
The draft law aims to harmonize Ukrainian legislation in the field of accreditation of conformity assessment bodies with European Union requirements. This is part of Ukraine’s commitments in the European integration sphere, involving the implementation of European regulations into national legislation.
Draft Law Structure
The draft law consists of amendments to several existing laws, including the law on accreditation of conformity assessment bodies, the law on technical regulations and conformity assessment, and the law on construction product market placement. The changes concern the definition of terms, accreditation procedures, interaction with the European Commission, and recognition of accreditation results.
Key Provisions and Changes
– Introduction of new definitions and clarification of terms in the context of European harmonization.
– Requirement for the Ukrainian national accreditation body to be a member of the European regional accreditation organization.
– Establishing a procedure for providing information to the European Commission about the national accreditation body and its activities.
– Possibility of cross-border accreditation in the EU territory, under certain conditions.
– Recognition in Ukraine of accreditation results conducted by national accreditation bodies of EU member states.
– Expansion of the scope of Ukrainian standards harmonized with European standards.
– Ensuring mutual recognition of conformity assessment results and technical regulations between Ukraine and the EU.
Importance for Legislators, Experts, Business, and Citizens
These changes are critically important for Ukraine’s integration into the European market, as they help increase trust in Ukrainian conformity assessment bodies and simplify the export of Ukrainian products to the EU. For businesses, this means potentially reduced barriers in external markets and improved quality standards. It is crucial for legislators and experts to ensure the compliance of national legislation with European regulations for successful integration.
Analysis of the Explanatory Note:
Analysis of the Explanatory Note to the Draft Law of Ukraine “On Amendments to Certain Laws of Ukraine Regarding Harmonization of the Accreditation Sphere…”
Essence of the Draft Law: The Draft Law aims to harmonize national legislation in the field of accreditation of conformity assessment bodies and technical regulation with European Union requirements. This is done to fulfill Ukraine’s obligations under the Association Agreement with the EU, which includes the implementation of Regulation 765 and Decision 768.
Reasons and Necessity for Adopting the Draft Law: After signing the Association Agreement, Ukraine committed to adapting its legislation to EU standards in technical regulation and accreditation. This is a necessary step for concluding the ACAA Agreement, which will allow mutual recognition of industrial product conformity assessment between Ukraine and the EU, known as the “industrial visa-free regime”. Such harmonization will ensure Ukrainian product access to European markets.
Main Consequences of the Draft Law: The law is designed to ensure the functioning of the Ukrainian accreditation system in accordance with EU requirements, which will contribute to the integration of the Ukrainian market into the European market. This will be beneficial for the state, as it will improve trust in national accreditation bodies and facilitate the conclusion of the “industrial visa-free regime”. For businesses, this means stimulating the production of products in accordance with high standards, ensuring fair competition. Consumers will be able to access safe and quality products that meet European requirements. Importantly, the implementation of the law does not require additional budget expenditures.
Analysis of Other Documents:
Analysis of Documents Regarding the Draft Law on Harmonization of the Accreditation Sphere with EU Requirements
1. Position of the Document Authors:
The draft law is supported by the Cabinet of Ministers of Ukraine, as confirmed by the initiative to submit it for consideration in the Verkhovna Rada to harmonize Ukrainian legislation with EU regulations. The Committee on Ukraine’s Integration to the EU also recognized that the draft law does not contradict the Association Agreement and EU law.
2. Main Provisions of the Document:
– Harmonization with the EU: The draft law aims to bring Ukrainian legislation in line with EU standards, particularly Regulation 765/2008 and Decision 768/2008, concerning accreditation and technical regulations.
– Integration into the European Market: Adopting the law will facilitate the conclusion of the Agreement on Conformity Assessment and Acceptance of Industrial Products (ACAA), which will open new opportunities for trade with the EU.
– Amendments to Existing Laws: Proposed changes to the Laws of Ukraine “On Accreditation of Conformity Assessment Bodies”, “On Technical Regulations and Conformity Assessment”, and “On Construction Product Market Placement” to ensure compliance with European standards.
– Non-Competitive Principle: Establishing the principle that the national accreditation body does not compete with accreditation bodies of EU member states.
– Interaction with the EU: The draft law provides for active interaction with the European Commission and national accreditation bodies of the EU.
– Business Responsibility: Establishing the responsibility of economic entities for product compliance with technical regulations.
– Technical and Legal Remarks: Some provisions of the draft require clarification to avoid legal conflicts, especially regarding references to unsigned agreements and the absence of official translations of EU acts.
The draft law is aimed at fulfilling Ukraine’s international legal obligations in the European integration sphere, and its adoption is a step towards deepening cooperation with the EU, which will have a positive impact on the economy and trade relations.
