Technical barriers to trade
Main content and commitments of Ukraine
Chapter 3 “Technical Barriers to Trade” aims to reduce technical barriers in trade and increase the approximation of Ukrainian industrial producers to the EU market. In accordance with Article 56, Ukraine has pledged to gradually provide for compliance with the EU technical regulations and standardization, metrology, accreditation, conformity assessment and market surveillance of the EU, as well as to observe the principles and practices set out in current EU decisions and regulations.
Association Committee in Trade Configuration.
Responsible bodies in Ukraine
Ministry of Economy of Ukraine as well as central executive authorities which are responsible for adapting Ukrainian legislation in accordance with Annex III.
Compliance of all technical regulations in Annex III with European legislation, increase in the level of harmonized standards in accordance with the EU legislation;
Elimination of duplicated procedures for assessing product conformity with the requirements of technical regulations in Ukraine and the EU - that is, the possibility of passing tests in Ukraine and obtaining conformity certificates that will be recognized by the EU. This will reduce business costs by obtaining relevant documentation, passing certification procedures and conformity assessment;
Mutual recognition of conformity certificates between Ukraine and the EU after the signing of the ACAA Agreement;
Extended access to the EU market for Ukrainian industrial producers;
Compliance with the general safety of non-food products and strengthening the protection of consumer interests;
Creating a supportive regulatory and business environment;
Increased competitiveness of Ukrainian products and promotion of innovative development.
The state of adaptation of Ukrainian legislation and cooperation with the EU
Horizontal framework laws and relevant regulations were approved:
- “On the general safety of non-food products”;
- “On state market supervision and control of non-food products”;
- “On Technical Regulations and Conformity Assessment”;
- “On Metrology and Metrological Activity”;
- “On standardization”;
- “On Accreditation of Conformity Assessment Bodies”;
- “On liability for damages caused by a defect in products”.
Institutional capacity has been established and secured:
The National Accreditation Agency of Ukraine (NAAU), the Ukrainian Standardisation Agency, the State Consumer Protection Service and other market surveillance bodies, and the conformity assessment bodies. The Ministry of Economic Development and Trade is responsible for forming and implementing state policy in the field of technical regulation, standardization, metrology and metrological activity, as well as market supervision of non-food products.
Development and review of technical regulations:
- A total of 24 technical regulations are approved from 27 sectors defined in Annex III;
- Due to changes in the European legislation, some approved technical regulations are being revised in order to bring them in line with the new EU Directives.
The introduction of European standards (EN) with the simultaneous abolition of conflicting national and international standards (GOST):
- Ukraine has 23,667 national standards. 13 211 of them are harmonized with international and European standards;
- 4 161 harmonized European standards for all technical regulations in Annex III (except the standards for construction products) were adopted as national. The application of these standards indicates that the product meets the requirements of the specified technical regulations (provides a conformity presumption);
- All (14 475) outdated interstate standards (GOST), developed before 1992, were cancelled.
Membership in international organizations:
- In the summer of 2017, Ukraine received the status of partner organization in the CEN and CENELEC European Standardisation Committees, and in January 2018 Ukraine signed a memorandum of understanding between the National Standardisation Authority and the European Telecommunications Standards Institute (ETSI);
- Mutual recognition agreements have been signed between the National Accreditation Agency of Ukraine (NAAU) and the European co-operation for Accreditation (EA) in all accreditation areas, as well as the International Laboratory Accreditation Association (ILAC) and the International Accreditation Forum (IAF).
Preparation for the signing of the ACAA Agreement at the first stage for the first three priority industrial sectors:
- The technical legislation of Ukraine and infrastructure in three sectors (machine safety, electromagnetic compatibility, low voltage electric equipment) have been harmonized;
- As part of the preparation for the signing of the ACAA Agreement, 65 conformity assessment bodies have been appointed;
- The first stage of the official evaluation by the EU side of the relevant legislation of Ukraine has been conducted.