In article it is reported about the measures which are carried out by Gospotrebstandart Ukrainy on adaptations of legislative base and development of the Concept of development of the sphere of technical regulation and consumer policy according to norms and principles of the WTO.
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Reduction of national system of standardization and technical regulation in compliance with norms and principles of the WTO is dictated by requirements of the Agreement about technical barriers in trade (TBT) which are established for the countries – members of the WTO.
For the purpose of ensuring implementation of presidential decrees of Ukraine from June 15, 2005 of No. 951 About the decision of National Security council and defense of Ukraine from 20.05.2005 About measures for providing the introduction of Ukraine in the World Trade Organization and on July 13, 2005 No. 1105 About measures for activity improvement in the sphere of technical regulation and consumer policy, the conditions of integration accepted for creation in the World Trade Organization, Gospotrebstandart are carried out the following measures:
1. Adaptation of legislative base. On December 1, 2005 the Verkhovna Rada of Ukraine passed the Law of Ukraine About standards, technical regulations and procedures of an assessment of compliance. Legal and organizational bases of development and application of national standards, technical regulations and procedures of an assessment of compliance which are most approached to requirements of the Agreement about technical barriers in trade are defined by the specified law. Commissioning of this Law provides reduction of national legislative requirements in the sphere of technical regulation, standardization and a compliance assessment in compliance with norms and WTO principles, gives the chance to simplify essentially cooperation procedures in the sphere of technical regulation, standardization and a compliance assessment as between Ukraine and the countries – members of the WTO and EU, and in the country.
In final provisions of this Law entering of corresponding changes into laws in force of Ukraine "About standardization" and "About compliance confirmation" is provided.
On December 1, 2005 the Verkhovna Rada of Ukraine passed the Law of Ukraine About modification of the Law of Ukraine About protection of the rights of consumers, developed for the purpose of increase of level of protection of the rights and interests of the consumers, EU adapted for the legislation, in particular, about responsibility for defective production according to the instruction of 85/374 EEC and still a number of the European instructions. The law regulates the relations between consumers of the goods, works and services and producers and sellers of the goods, producers of works and service providers of various forms of ownership. The document establishes the rights of consumers and defines the mechanism of their protection against the harm caused by placement in the market of dangerous production.
For the purpose of creation of the conditions directed on ensuring of introduction in the address and placement in the market of production which meets the requirements of safety of the European instruction 2001/95/EEC, the Law of Ukraine About quality and safety of foodstuff was adopted changed on request of the WTO in September, 2005.
2. Development of the Concept of development of the sphere of technical regulation and consumer policy. For the purpose of implementation of the Presidential decree of Ukraine from July 13, 2005 of No. 1105 Gospotrebstandart with participation of the central executive authorities, and also the public, developed the draft of the Concept of development of the sphere of technical regulation and consumer policy and the strategic plan of its realization.
Main objective of development of the Concept is creation of modern flexible system of the technical regulation capable quickly and adequately to react to needs and inquiries of national economy, consumers and trading partners, subjects of an entrepreneurial activity.
Within the State target program of standardization the Program of check and revision of the state and branch standards of the former USSR is realized, and also procedure of granting to domestic and foreign users of information on a condition of works in the sphere of standardization, metrology and a compliance assessment is improved.
Throughout 2006-2010 process of development of necessary technical regulations on the basis of the European instructions and introduction of already accepted technical regulations on compliance confirmation should be continued, transition from obligatory certification to an assessment of compliance according to requirements of technical regulations is complete.
Metrological norms and the rules established by the legislation of Ukraine in the sphere of metrology, should be brought in full compliance with international. Normative documents on metrology according to the European Union law need development of technical regulations and further harmonization.
One of important stages of improvement of system of the technical regulation, provided by the Concept, reforming of infrastructure of the sphere of standardization, an assessment of compliance, the state supervision, metrology, protection of the rights of consumers is. As a result of this laborious work in Ukraine the infrastructure of bodies similar to existing in EU and developed countries should be created.
Implementation of provisions of the Concept, implementation of the legislation, introduction of technical regulations, harmonization of national standards with international and European, reforming of infrastructure will provide reduction of national system of standardization and technical regulation in compliance with norms and WTO principles.
Carrying out of obligations in the sphere of obligatory certification, Gospotrebstandart constantly revises production List (works, services), subject to obligatory certification in Ukraine, for the purpose of its updating and reduction. For 2005 Gospotrebstandart signed three orders (from February No. 28 1, from July No. 171 14 and from August No. 219 22) about reduction of the List of production which is subject to obligatory certification in Ukraine therefore from the List nearly 60 types of production with low degree of risk for the consumer are withdrawn.
With introduction of technical regulations the List of production which is subject to obligatory certification, will be reduced step by step, and also practice of application of declaring of compliance by the producer or the importer will extend. Such scheme of confirmation of compliance is provided by the current legislation and answers the international practice.
For the purpose of business simplification, Gospotrebstandart developed the Temporary Order of declaring of compliance of production with low degree of risk for life and health of consumers which will be withdrawn from the List of production which is subject to obligatory certification in Ukraine.
L.Vitkin, director of the department of strategic planning and Gospotrebstandart Ukrainy’s international cooperation.