On 2 October 2012 the Ukrainian Parliament adopted the Law of Ukraine No. 5312-VI “On Amendments to Certain Laws of Ukraine concerning Cancellation of Registration of Conformity Declaration” (the “Amendments”) whereby the producer of, inter alia, the industrial goods/services/processes (“products”) is no longer required to register the declaration of conformity in the course of certification of the products in Ukraine.  This will simplify the procedure for introduction of the new products into the Ukrainian market.  The Amendments aim to bring Ukrainian legislation in line with Ukraine’s obligations undertaken during joining World Trade Organization (WTO).  The Amendments came into effect on 4 November 2012. 

The Amendments, inter alia, dispose of the requirement to carry out registration of the declaration of conformity with the responsible state institution.  For this purposes, the Amendments also remove:

(i)           liability of the commercial entities for selling goods subject to mandatory certification in Ukraine, if the supporting documentation for the goods concerned does not refer to registration number of the conformity declaration; and

(ii)          obligation of the producer of the respective goods to inform the supplier of these goods about the registration number of the conformity declaration.

The Amendments changed the Law of Ukraine “On Standards, Technical Regulations and Conformity Evaluation Procedures” No. 3164-IV dated 1 December 2005, the Law of Ukraine “On Confirmation of Conformity” No. 2406-III dated 17 May 2001 and the Law of Ukraine “On the Protection of the Consumers’ Rights” No. 1023-XII dated 12 May 1991. 

The Amendments simplified the procedure for introduction of the products into Ukrainian market by removing the obligation of the producer to register the declaration of conformity. The Amendments were adopted to bring Ukrainian legislation in line with some of the Ukraine’s obligations set out at the Ukraine’s WTO Accession Protocol and WTO Agreement on Technical Barriers to Trade.

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