Ukraine: Implementation of EU product safety legislation

As of 3 July 2019 Ukrainian, legislation in the area of product safety has been further aligned with the EU product compliance regulations. Law No. 2740-VIII of 6 June 2019 makes substantial amendments to the Ukrainian technical regulation and market surveillance requirements.

In particular, it is no longer required to register, renew registration for and make subject to state testing procedure any technical devices that are used in order to handle and apply pesticides and agrochemicals and that are subject to technical regulation on machinery safety.

It has also been clarified that all market operators (manufacturers, importers, etc.) must provide to the market surveillance authority (pursuant to the authority’s request) all documentation that allows to trace the operator who supplied products to them and the operator to whom they supplied their products.

The market operators must keep such documentation for the period indicated in the applicable technical regulation. If the applicable technical regulation does not set such a period, then the documentation must be kept and available for the market surveillance for inspection for 10 years from the date when products were placed on the market (supplied).

If the market surveillance authority agrees then the documents may be presented in other languages than Ukrainian language if such languages are understood by the market surveillance officials.

It has also been clarified that in order to demonstrate compliance with the substantial requirements of a technical regulation manufacturers may use conformity assessment documents other than the national standards that are listed for this technical regulation.