Analysis of the draft law:
Analysis of the Draft Law of Ukraine on Harmonizing the Accreditation Sphere
Good day! Today we will review an important draft law aimed at harmonizing Ukrainian legislation in the field of accreditation of conformity assessment bodies and technical regulation with the requirements of the European Union.
Essence of the draft law
This draft law aims to adapt Ukrainian legislation to European standards in the field of accreditation of conformity assessment bodies and technical regulation. It amends existing laws to ensure the compliance of the Ukrainian system with the requirements of EU Regulation No. 765/2008. The main goal is to implement European norms to simplify trade and recognition of Ukrainian certificates in the EU. Also, the goal is to bring Ukrainian legislation closer to the acquis communautaire.
Structure and main provisions of the draft law
The draft law consists of several sections that amend two main laws of Ukraine:
- Law of Ukraine “On Accreditation of Conformity Assessment Bodies”: the preamble, Article 1 (definitions), Article 2 (scope of application), Article 3 (legislation in the field of accreditation), Article 5, Article 6 and others are amended. New terms and provisions are introduced that harmonize Ukrainian legislation with European legislation.
- Law of Ukraine “On Technical Regulations and Conformity Assessment”: the preamble, Article 1 (definitions), Article 2 (scope of application), Article 3, Article 7, Article 8 and others are amended. The project aims to ensure the possibility of applying harmonized European standards and technical specifications.
Key changes compared to previous versions:
- The name of the draft law has been clarified: “On Amendments to Certain Legislative Acts of Ukraine Regarding Harmonization of the Accreditation Sphere of Conformity Assessment Bodies and the Technical Regulation System with the Requirements of the European Union.”
- An amendment regarding the replacement of the word “requirements” with “provisions of law” in the name of the Law has been taken into account.
- Amendments have been made regarding the implementation of Regulation (EC) No. 765/2008 of the European Parliament and of the Council.
- The definitions of terms such as “accreditation of conformity assessment bodies” and “mutual evaluation” have been clarified.
- Amendments have been made to the scope of the Law, taking into account the mandatory or voluntary nature of accreditation.
- The provisions regarding the consideration of the law enforcement practice of the European Union, in particular the decisions of the Court of Justice of the European Union, have been clarified.
- The issues of cross-border accreditation and recognition of the results of accreditation carried out by national accreditation bodies of the Member States of the European Union have been regulated.
- The provision of information to the European Commission and the European regional accreditation organization about the national accreditation body of Ukraine and the types of conformity assessment activities is foreseen.
Main provisions important for stakeholders
The most important provisions of the draft law for various stakeholders:
- Legislators: The need to implement European norms to ensure Ukraine’s European integration aspirations. The importance of harmonizing national legislation with international obligations.
- Experts: Clarification of terminology and bringing it into compliance with European standards. The importance of ensuring the independence and objectivity of conformity assessment bodies.
- Business: Simplification of certification and accreditation procedures, which will contribute to increasing the export of Ukrainian products to the EU. Reduction of technical barriers to trade.
- Citizens: Improving the quality and safety of products offered on the market. Ensuring the conformity of products with European standards.
The main emphasis is on creating a transparent and effective accreditation system that meets European requirements, which will contribute to the development of the Ukrainian economy and the protection of consumer interests.
Analysis of other documents:
Analysis of the Table of Conformity of the Draft Law of Ukraine
The table shows that the purpose of the draft Law of Ukraine is to harmonize the legislation of Ukraine in the field of accreditation of conformity assessment bodies and the system of technical regulation with the requirements of the European Union. This is aimed at fulfilling Ukraine’s obligations under the Association Agreement between Ukraine and the EU.
Main provisions that may be important:
- General compliance with EU law: Most of the provisions of the draft law comply with or do not contradict EU law, in particular Regulation No. 765/2008/EC and Decision No. 768/2008/EC. This is important for legislators, as it shows the European integration direction of the draft law.
- Accreditation: The draft law defines accreditation as certification by the national accreditation body that the conformity assessment body meets the established requirements. This provision is key for experts and business, as it establishes criteria for conformity assessment.
- Mutual evaluation: The draft law defines mutual evaluation as the process of evaluating a national accreditation body by other national accreditation bodies. This provision is important for compliance with European standards.
- National accreditation body: Accreditation in Ukraine is carried out by the national accreditation body of Ukraine, which meets the requirements of Regulation No. 765/2008/EC. This is important for public authorities and national institutions.
- Cross-border accreditation: The national accreditation body of Ukraine should not compete with the national accreditation bodies of the EU member states. This provision is important from the point of view of cooperation with European institutions.
- Recognition of accreditation results: The results of accreditation carried out by the national accreditation bodies of the EU member states are recognized in Ukraine. This will facilitate trade and economic integration.
- Technical regulations and conformity assessment: The draft law defines the terms and requirements for technical regulations and conformity assessment, which must be harmonized with EU law. This is important for business, as it establishes rules for the production and sale of products.
- Presumption of conformity: Conformity with national standards or harmonized European standards provides a presumption of conformity with the requirements of technical regulations. This will simplify assessment procedures for enterprises.
- Designated bodies: The draft law provides for requirements for designated bodies that carry out conformity assessment, which is important for ensuring the quality and reliability of the assessment.
- Responsibility of business entities: Business entities are responsible for the conformity of products with the requirements of technical regulations. This provision is important for consumers and ensuring product safety.
Thus, the draft Law is aimed at bringing Ukrainian legislation into compliance with European requirements in the field of accreditation and technical regulation, which is important for Ukraine’s integration into the EU and the development of economic ties.
