Analysis of the Draft Law:
Draft Law Analysis
Essence of the Draft Law
The Draft Law is aimed at improving state market surveillance and the technical regulation system in Ukraine to bring them in line with European Union requirements. This includes introducing surveillance of products sold via the internet and implementing the provisions of EU Regulation No. 2019/1020.
Reasons and Necessity for Adopting the Draft Law
The authors of the explanatory note argue the necessity of adopting the law by stating that Ukraine, having signed the Association Agreement with the EU, committed to adapting its legislation to EU standards. This includes improving state market surveillance, especially in the context of growing online trade, to ensure consumer safety and fair competition. Implementing the law is also a step towards concluding the Agreement on Conformity Assessment and Acceptability of Industrial Goods (ACAA), which will facilitate Ukrainian goods’ entry into EU markets.
Main Consequences of the Draft Law
The Draft Law will have several important consequences. For the state, this means fulfilling obligations to the EU, which will contribute to concluding the ACAA Agreement and improving market surveillance efficiency. For businesses, it will stimulate fair competition and protect against unfair competitors. Consumers will gain access to safe products, regardless of the purchase method (online or offline). Thus, the draft law will promote Ukraine’s integration into the EU internal market and ensure high product quality and safety standards.
Analysis of Other Documents:
Analysis of the Draft Law of Ukraine on Improving State Market Surveillance
1. Support for the Draft Law
The draft law is supported by the Cabinet of Ministers of Ukraine, as it was submitted by this body for consideration by the Verkhovna Rada. The First Vice Prime Minister of Ukraine – Minister of Economy, Yulia Anatoliivna Svyrydenko, will represent the project in the Verkhovna Rada, indicating support at the government level.
2. Main Provisions of the Document
The draft law aims to harmonize Ukrainian legislation in the field of market surveillance with European Union requirements. This involves implementing the provisions of EU Regulation 2019/1020, which will improve the safety of products sold both offline and online.
– Introduction of Market Surveillance: Surveillance of products sold via the internet is introduced, with clear regulation of inspections.
– Expansion of Subjects: State market surveillance is extended to fulfillment service providers and information society services.
– National Market Surveillance Strategy: A requirement to develop a strategy is introduced, which will help unify approaches to market surveillance.
– Improved Control: Improvement of non-food product control upon import to the customs territory of Ukraine and interaction between customs authorities and market surveillance bodies is proposed.
– Compliance with European Standards: The draft law complies with the requirements of the Association Agreement between Ukraine and the EU, which is a step towards concluding the Agreement on Conformity Assessment and Acceptability of Industrial Goods (ACAA).
This draft law is important for businesses as it promotes creating equal market conditions, and for consumers, it guarantees improved product safety. It is crucial for legislators to consider expert comments to ensure effective implementation of these norms.
