G/TBT/N/UKR/247  
6 March 2023  
(23-1534) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
 NOTIFICATION   
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UKRAINE  
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:   
Ministry of Economy of Ukraine  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated if different from above:   
3. Notified under Article 2.9.2 [X], 2.10.1 [  ], 5.6.2 [X], 5.7.1 [  ], 3.2 [  ], 7.2 [  ], 
other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  various, 
including construction products, personal protective equipment, toys, pyrotechnic 
products, pressure equipment, gaseous fuel appliances, radio equipment, electrical 
equipment  
5. Title, number of pages and language(s) of the notified document:  The draft La w 
"On amendments to certain laws of Ukraine regarding improvement of state market 
surveillance and technical regulation system in accordance with the requirements of the 
European Union"; (27 page(s), in Ukrainian)  
6. Description of content:  The draft Law proposes to implement the provisions of 
Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 
2019 on market surveillance and compliance of products and amending Directive 
2004/42/EC and Regulations (EC) No 765/2008 and (EU) No  305/2011 relevant to 
Ukraine into the national legislation on state market surveillance, in particular:  
- introducing market surveillance of products sold via the Internet or other means of 
electronic commerce. It also clearly regulates the procedure for conducting inspections of 
the characteristics of products made available on the market through online trading or 
other means of electronic commerce ;  
- expanding the list of persons subject to state market surveillance, namely: order 
fulfillment service pr ovider (fulfillment service provider), information society service 
provider;  
- defining certain tasks of business entities in relation to certain types of products subject 
to certain technical regulations based on the list contained in Regulation (EU) 2019 /1020;  
- introducing, in accordance with European approaches, the requirement to develop a 
national market surveillance strategy;  G/TBT/N/UKR/247  
 
- 2 - 
 
  - defining the powers of market surveillance authorities in case of detection of violations 
that may result in serious and irreparable damage to the end user due to non -compliance 
of products sold via the Internet or other means of electronic commerce;  
- providing, in accordance with European practice, the possibility for associations of 
business entities or consumers to enter  into agreements on joint activities with market 
surveillance authorities;  
- introducing, in accordance with the practice of the market surveillance authorities of the 
EU Member States, the possibility of selecting free of charge samples of products subjec t 
to examination (testing) by non -destructive testing methods with the right to return such 
samples to the owner if no discrepancies are found. At the same time, market surveillance 
authorities are obliged to ensure proper storage and transportation of suc h samples.  
Also, the draft Law, based on the results of enforcement of the legislation of Ukraine on 
state market surveillance, improves (regulates) the procedure for actions of market 
surveillance authorities during an inspection at the location of the ma rket surveillance 
authority, in case of refusal of a business entity to receive a copy of the inspection report, 
and drawing up a protocol on the violation.  
7. Objective and rationale, including the nature of urgent problems where 
applicable:  Consumer inf ormation, labelling; Prevention of deceptive practices and 
consumer protection; Harmonization  
8. Relevant documents:   
The Laws of Ukraine "On State Market Surveillance and Control of Non -Food Products", 
"On Technical Regulations and Conformity Assessment", "On the Provision of Construction 
Products on the Market", "On General Safety of Non -Food Products"  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  The Law shall enter into force on the day following 
the day of its publication, except for clause 1 of Section I of this Law, which shall enter 
into force in twelve months from the date of its publication  
10. Final date for comments:  60 days from notification  
11. Texts available from:  National enquiry point [X] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
Ministry of Economy of Ukraine  
Department for Trade Agreements and Export Development  
12/2 Hrushevskoho Str.  
Tel: +(38 044) 596 6839  
Fax: +(38 044) 596 6 839 
Email: ep@me.gov.ua  
Website: https://www.me.gov.ua  
https://bit.ly/3kglXhu  
https://members.wto.org/crnattachments/2023/TBT/UKR/23_1654_00_x.pdf