RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/UKR/113
16 June 2003
(03-3169)
Working Party on the
Accession of UkraineOriginal:  English
ACCESSION OF UKRAINE
Analysis of the Laws of Ukraine "On St andardization", "On Conformity Assessment"
and "On Accreditation of Conformity Assessment Bodies" as to their Conformity
with the Requirements of the WTO Agreement on Technical Barriers to Trade (TBT)
The Governmental Commission has submitted the following information on Analysis of the
Laws of Ukraine "On Standardization", "On C onformity Assessment" and "On Accreditation of
Conformity Assessment Bodies" as to their Conformity with the Requirement of the WTO Agreement
on TBT, with the request that it be circulated to members of the Working Party.
_______________WT/ACC/UKR/113
Page 2 ТВТ Article Contents of ТВТ ArticleReference to relevant Articles of the Law of
Ukraine "On Standardization"Reference to relevant Articles of the Law of
Ukraine
"On Conformity Assessment"Reference to relevant Articles of
the Law of Ukraine "On
Accreditation of Conformity
Assessment Bodies"Notes
Preamble "...recognizing that no
country should be preventedfrom taking measures
necessary to ensure the
quality of its exports, or forthe protection of human,
animal or plant life or health,
of the environment..."Article 5, paragraph 1  "The goal of
standardization in Ukraine is to ensure safety forthe health and life of persons, animals, plants, as
well as property and environment protection, to
create conditions for rational use of all kinds ofnational resources as well as for conformity of
objects of standardization to their intended use,
to eliminate technical barriers to trade."Article 5
State policy in the sphere of conformityassessment is based on the following
principles:
application of the procedures for conformityassessment, taking into account international
practice depending on potential risk;
Article 9, paragraph 1"The conformity assessment procedure in the
legally regulated sphere for certain types of
products, which can present risk for the lifeand health of people, animals, plants as well
as for property and environment, is
introduced by the technical regulations onconformity assessment."Article 4
The goal of accreditation is to:ensure the uniform technical
policy in the sphere of
accreditation;ensure consumers' confidence in
conformity assessment activities;
lay down the basis for mutualrecognition of the results of the
accredited bodies activities on the
international level;eliminate technical barriers to
trade.
Article 1General
ProvisionsParagraph 1.1
On conformity of general
terms of standardization andprocedures of conformity
assessment adopted by the
UN and internationalstandardization organizationsWhile defining the terms Guide ISO/IEC 2:1996
"Standardization and Related Activities –
General Glossary" was taken as a basis.
Article 1 "Main terms and their definitions"
... standard – a document that sets up rules forgeneral and multiple application, general
principles or characteristics related to an activity
or its results with the purpose of reaching anoptimal level of order in a certain sphere, and
developed on the basis of consensus according to
the established order; technical specifications – a
document that sets up technical requirements the
products, processes and services must conformto. Technical specifications may be a standard, a
part of a standard or a separate document;
technical regulation – a normative and legal act,adopted by a state body that sets up technical
requirements to products, processes or services
directly or through references to standards, orreproduces their contents.
The basic principle as to voluntariness of
standards and obligation of technical regulation
is set forth in Article 12.
Standards are applied on voluntary basis, unless
otherwise stipulated by legislation.
Application of standards or their certainprovisions can become mandatory:
- for all entrepreneurs, if this is stipulated in
technical regulations or other normative and
legislative acts;Article 1 "Principal terms and their
definitions"
While defining the terms Guide ISO/IEC2:1996 "Standardization and Related
Activities – General Glossary" was taken as
a basis.
Article 1
... conformity assessment – activity, theresult of which is assurance that products,
quality systems, quality management
systems, environment management systems,
personnel meet the requirements established
by legislation; declaring of conformity – aprocedure, through which a producer or a
person authorized by him (hereinafter –
producer) under his responsibility states inwritten that the product meets the
requirements established by legislation;
certification – a procedure, through which abody recognized according to the established
procedure states in written the conformity of
products, quality systems, qualitymanagement systems, environment
management systems, personnel to the
requirements established by legislation;
technical regulation on conformity
assessment – a legislative act, adopted by theCabinet of Ministers of Ukraine, which
contains a list of types of products liable to
mandatory conformity assessment,requirements for the safety of life and health
of a person, animals, plants, as well asArticle 1 "Principal terms and
their definitions" While defining
the terms Guide ISO/IEC 2:1996"Standardization and Related
Activities – General Glossary"
was taken as a basis.WT/ACC/UKR/113
Page 3ТВТ Article Contents of ТВТ ArticleReference to relevant Articles of the Law of
Ukraine "On Standardization"Reference to relevant Articles of the Law of
Ukraine
"On Conformity Assessment"Reference to relevant Articles of
the Law of Ukraine "On
Accreditation of Conformity
Assessment Bodies"Notes
- for parties under agreement (contract) on the
design, manufacturing or supply of aproduct, if standards are referred to in this
agreement (contract);
- for a producer or supplier of a product if he
filled in the declaration of conformity of
product to certain standards or used
designation of those standards in product'smarking;
- for a producer or supplier of product if his
product has been certified with regard to therequirements of those standards.property and environment protection,
procedures for conformity assessment tothese requirements, rules of marking and
placing the products on the market.
Paragraph 1.3 on incidenceof the AgreementArticle 2
This Law regulates relations, connected with
standardization activity and application of its
results, and extends to economic operators
notwithstanding the type of ownership andactivity types, bodies of executive power as well
as public organizations.
This law does not apply to nuclear materials,
pharmaceutical products, standards of medical
service, accounting, education and other socialstandards, whose scope is regulated by other
laws.
Article 4
Objects of standardization are products,
processes and services (hereinafter – products),
in particular materials, component parts,equipment, systems, their compatibility, rules,
procedures, functions, methods or activities.Article 2
This law regulates relations, arising in the
process of conformity assessment of
products, quality systems, quality
management systems, environmentmanagement systems, personnel to the
requirements established by Ukrainian
legislation and is extended to producers andsuppliers of products notwithstanding the
forms of ownership and types of activity, to
certification bodies, testing laboratories, aswell as to corresponding state authorities.
Article 4
According to this law the objects of
conformity assessment are products, quality
systems, quality management systems,environment management systems,
personnel.Article 2
This Law regulates legal
relationships, connected with
accreditation of conformity
assessment bodies, and extends tobodies of executive power, local
self-government bodies, national
accreditation body, enterprises,institutions and organizations that
operate within the territory of
Ukraine, regardless of the theirform of ownership and type of
activity (hereinafter – enterprises,
institutions, organizations)
Paragraph 1.4On Government Procurementof GoodsThe law does not regulate provisions related to
government procurementThe law does not regulate provisions related
to government procurementThe law does not regulate
provisions related to governmentprocurement
Paragraph 1.5
On Sanitary and
Phytosanitary MeasuresThe law does not regulate provisions related to
sanitary and phytosanitary measuresThe law does not regulate provisions related
to sanitary and phytosanitary measuresThe law does not regulate
provisions related to sanitary and
phytosanitary measures
Article 2
Preparation,
Adoption andApplication of
Technical
Regulations inaccording to
international
practiceParagraph 2.1
On Application of the
National TreatmentArticle 5, paragraph 5,6
State policy in the sphere of conformity
assessment is based on the following
principles:
... ensuring identical procedures for
conformity assessment for the products of
domestic and foreign origin;WT/ACC/UKR/113
Page 4 ТВТ Article Contents of ТВТ ArticleReference to relevant Articles of the Law of
Ukraine "On Standardization"Reference to relevant Articles of the Law of
Ukraine
"On Conformity Assessment"Reference to relevant Articles of
the Law of Ukraine "On
Accreditation of Conformity
Assessment Bodies"Notes
harmonization of national legislative acts on
conformity assessment with internationaland European ones;
Paragraph 2.2
On the Sphere of Application
of Technical RegulationsArticle 13, paragraph 1
Technical regulations and other normative and
legislative acts set up mandatory requirementsfor:
- protection  of life, health or property of a
person;
- protection of animals and plants;
- environment protection;- safety of products, processes or services;
- preventing deception regarding the intended
use and safety of products;
- elimination of a threat to the national
security.Article 1, paragraph 15
Technical regulation on conformity
assessment – a legislative act, adopted by theCabinet of Ministers of Ukraine, which
contains a list of types of products liable to
mandatory conformity assessment,requirements for the safety of life and health
of a person, animals, plants, as well as
property and environment protection,procedures for conformity assessment to
these requirements, rules of marking and
placing the products on the market;
Article 5, paragraph 4, 5, 6
State policy in the sphere of conformity
assessment is based on the following
principles:
- ... application of the procedures for
conformity assessment, taking intoaccount international practice
depending on potential risk;
- ensuring identical procedures for
conformity assessment for the products
of domestic and foreign origin;
- harmonization of national legislative
acts on conformity assessment with
international and European ones
Article 9, paragraph 1
The conformity assessment procedure in the
legally regulated sphere for certain types of
products, which can present risk for the lifeand health of people, animals, plants as well
as for property and environment, is
introduced by the technical regulations onconformity assessment.Article 5, paragraph 8
Accreditation activity is based on
the following main principles:... application of accreditation
requirements, harmonized with
international and Europeanstandards;
Paragraph 2.3 on the
procedure of application of
technical regulationsArticle 6, paragraph 12
Specially authorized body in the sphere of
conformity assessment shall:
- organize development of draft
legislative acts that set up generalWT/ACC/UKR/113
Page 5ТВТ Article Contents of ТВТ ArticleReference to relevant Articles of the Law of
Ukraine "On Standardization"Reference to relevant Articles of the Law of
Ukraine
"On Conformity Assessment"Reference to relevant Articles of
the Law of Ukraine "On
Accreditation of Conformity
Assessment Bodies"Notes
requirements and rules of procedure for
conformity assessment in legallyregulated sphere.
Article 9, paragraph 2Simultaneously with the adoption of
technical regulations on conformityassessment, the specially authorized body of
executive power in the sphere of conformity
assessment shall officially publish the list ofthe national standards, voluntary application
of which can be evidence of product
conformity to the essential requirements oftechnical regulations. Producer or supplier
also has the right to assure conformity of the
product to the essential requirements oftechnical regulations by ways other than
conformity to standards, permitted by these
regulations.
Paragraph 2.4 on applicationof international standards in
technical regulationsArticle 5, paragraph 8, 9
The state policy in the field of standardization is
based on the following principles:
- ... priority of direct introduction in Ukraine
of international and regional standards;
- compliance with international and European
standardization rules and procedures.Article 5, paragraph 6
State policy in the sphere of conformity
assessment is based on the followingprinciples:
... harmonization of national legislative acts
on conformity assessment with international
and European onesBasic DSTU standard 1.7-
2001 "State standardization
system. Rules and methods
of adoption and applicationof international and
regional standards" is
introduced in Ukraine on
the basis of provisions of
directives ISO/IEC21:1999.
Paragraph 2.5 on
development of the technical
regulation according tointernational practiceArticle 5, paragraph 3, 9
State policy in the sphere of conformity
assessment is based on the following
principles:
- ... impartiality, transparency and
accessibility of the procedures of
conformity assessment;
- provision of complete and
comprehensive information on
conformity assessment issues to allinterested parties.
Paragraph 2.6 on
participation in development
of international standardsArticle 5, paragraph 10
The state policy in the field of standardization is
based on the following principles:
... participation in international (regional)Article 6, paragraph 15, 17
Following are the principal
functions of the national
accreditation body:WT/ACC/UKR/113
Page 6 ТВТ Article Contents of ТВТ ArticleReference to relevant Articles of the Law of
Ukraine "On Standardization"Reference to relevant Articles of the Law of
Ukraine
"On Conformity Assessment"Reference to relevant Articles of
the Law of Ukraine "On
Accreditation of Conformity
Assessment Bodies"Notes
standardization...
Article 7, paragraph 7
The key functions of the central body of
executive power in the field of standardization
are as follows:
... taking measures to perform liabilities,
stipulated by membership in international
(regional) standardization organizations …... representation of Ukraine in
international, European andregional organizations for
accreditation;
participation in the work onharmonization of legislative acts
and normative documents with
the relevant international andEuropean rules and standards that
set up requirements for the
national accreditation body andaccredited bodies
Paragraph 2.7
On adoption of technical
regulations of other WTOmembersArticle 6, paragraph 6
The Cabinet of Ministers of Ukraine in the
sphere of conformity assessment shall:
... conclude international agreements in the
sphere of conformity assessment, accessionof Ukraine to international (regional)
certification systems.
Article 12, paragraph 4
Approved certification bodies are entitled to
make...
agreements on mutual recognition of results
of works on conformity assessment withauthorized bodies of other countries.
Article 21.The specially authorized central body of
executive power in the sphere of conformity
assessment, in accordance with legislation
shall represent the interests of Ukraine ininternational organizations on conformity
assessment, cooperate in this sphere with
relevant bodies of other countries, makedecisions on the accession to international
and regional certification systems, make
agreements on mutual recognition of theresults of conformity assessment works.Adoption of technical
regulations of other WTO
members is considered atthe bilateral basis and
through participation in
international (regional)certification systems.
Paragraph 2.8 on objects of
technical regulationArticle 4
Objects of standardization are products,
processes and services (hereinafter – products),in particular materials, component parts,
equipment, systems, their compatibility, rules,
procedures, functions, methods or activities.Article 13, paragraph 1Article 1, paragraph 15
... technical regulation on conformity
assessment – a legislative act, adopted by theCabinet of Ministers of Ukraine, which
contains a list of types of products liable to
mandatory conformity assessment,requirements for the safety of life and healthWT/ACC/UKR/113
Page 7ТВТ Article Contents of ТВТ ArticleReference to relevant Articles of the Law of
Ukraine "On Standardization"Reference to relevant Articles of the Law of
Ukraine
"On Conformity Assessment"Reference to relevant Articles of
the Law of Ukraine "On
Accreditation of Conformity
Assessment Bodies"Notes
Technical regulations and other normative and
legislative acts set up mandatory requirementsfor:
protection  of life, health or property of a person;
protection of animals and plants;
environment protection;
safety of products, processes or services;preventing deception regarding the intended use
and safety of products;
elimination of a threat to the national security.of a person, animals, plants, as well as
property and environment protection,procedures for conformity assessment to
these requirements, rules of marking and
placing the products on the market.Article 4
According to this law the objects of
conformity assessment are products, qualitysystems, quality management systems,
environment management systems,
personnel.
Paragraph  2.9 – 2.12On providing information
regarding development and
introduction of technicalregulations and standardsArticle 16, paragraph 2,4
According to this law the objects of conformity
assessment are products, quality systems, qualitymanagement systems, environment management
systems, personnel.
Standardization subject, responsible for thedevelopment and adoption of standards that are
likely to create technical barriers to trade,
provides relevant information to the central bodyof executive power in the field of
standardization, which transfers this information
to users through the information networkISONET WTO within the terms, established by
the "Code of Good Practice".Article 5, paragraph 3, 9
State policy in the sphere of conformity
assessment is based on the followingprinciples:
- ... impartiality, transparency and
accessibility of the procedures of
conformity assessment;
- provision of complete and
comprehensive information on
conformity assessment issues to all
interested parties.
Article 6, paragraph 17, 18
Specially authorized central body of
executive power in the sphere of conformity
assessment shall:
... keep the national archive of legislative
acts on conformity assessment issues;
provide information on conformity
assessment issues.Article 5, paragraph 4
Accreditation activity is based on
the following main principles:
... transparency in accreditation.
Article 6, paragraph 19Following are the principal
functions of the nationalaccreditation body:
... providing information on
accreditation issues.Determination of the list of
technical regulations,
development of which is
planned, is envisaged bythe annual Plans of
adaptation of Ukrainian
legislation. Standard DSTU 1.13-2002
"Rules of providing
notifications to tradepartners of Ukraine" is
currently in effect
Article 3
Preparation,
Adoption and
Application ofTechnical
Regulations
by LocalGovernment
Bodies and
Non-Governmental
BodiesParagraph 3.1 – 3.5
On coordination of
development of technical
regulationsArticle 6, paragraph 3
The Cabinet of Ministers of Ukraine in the
sphere of conformity assessment shall:
- determine central bodies of executive
power for technical regulations in therelevant spheres;
Article 6, paragraph 11-14Specially authorized central body of
executive power in the sphere of conformityassessment shall:WT/ACC/UKR/113
Page 8 ТВТ Article Contents of ТВТ ArticleReference to relevant Articles of the Law of
Ukraine "On Standardization"Reference to relevant Articles of the Law of
Ukraine
"On Conformity Assessment"Reference to relevant Articles of
the Law of Ukraine "On
Accreditation of Conformity
Assessment Bodies"Notes
- ... coordinate activity of central bodies
of executive power in the relevant
spheres of activity on conformity
assessment in the legally regulatedsphere;
- organize development of draft
legislative acts that set up generalrequirements and rules of procedure for
conformity assessment in legally
regulated sphere;
- provide methodological assistance to
the central bodies of executive power
during the development of draft laws,other legislative acts on conformity
assessment, including technical
regulations;
- coordinate technical regulations on
conformity assessment, developed by
the bodies of executive power, andsubmitted for approval to the Cabinet of
Ministers...
Article 4
Preparation,
Adoption and
Applicationof StandardsParagraph 4.1 on adoption of
the Code of Good PracticeArticle 16, paragraph 4
Standardization subject, responsible for the
development and adoption of standards that arelikely to create technical barriers to trade,
provides relevant information to the central body
of executive power in the field ofstandardization, which transfers this information
to users through the information network
ISONET WTO within the terms, established bythe "Code of Good Practice".Ukraine joined the Code of
Good Practice on
development, adoption and
application of standards.Standard DSTU ISO/IEC
Guide 59-2000 "The Code
of EstablishedStandardization Rules" is
introduced in Ukraine.
Paragraph 4.2 on compliancewith the Code of Good
Practice (Addendum IIITBT)D. Article 11, paragraph 4
Standards shall meet the market needs, encourage
the development of free trade, increase of
competitiveness of home products, and shall be
stated in such a way that it would be impossibleto apply them to mislead consumers about a
product, covered by the standard, or for giving
preference to the producer of a product or aproduct on the basis of the place of its
manufacturing.
E. Article 5, paragraph 1.
The goal of standardization in Ukraine is to
ensure safety for the health and life of persons,WT/ACC/UKR/113
Page 9ТВТ Article Contents of ТВТ ArticleReference to relevant Articles of the Law of
Ukraine "On Standardization"Reference to relevant Articles of the Law of
Ukraine
"On Conformity Assessment"Reference to relevant Articles of
the Law of Ukraine "On
Accreditation of Conformity
Assessment Bodies"Notes
animals, plants, as well as property and
environment protection, to create conditions forrational use of all kinds of national resources as
well as for conformity of objects of
standardization to their intended use, to eliminatetechnical barriers to trade.
F. Article 5, paragraph 8,9
The state policy in the field of standardization is
based on the following principles:
- ... priority of direct introduction in Ukraine
of international and regional standards;
- compliance with international and European
standardization rules and procedures...
Article 12, paragraph 8
International (regional) standards and standards
of other countries, if their provisions do not
contradict to legislation, can be applied inUkraine according to the established procedure
through references to them in national standards
and other standards.
G. Article 7, paragraph 4, 7, 8
The key functions of the central body of
executive power in the field of standardization
are as follows:
- ... undertaking measures for harmonization
of the developed national standards withrelevant international (regional) ones;
- taking measures to perform liabilities,
stipulated by membership in international(regional) standardization organizations;
- cooperation with relevant bodies of other
countries in the field of standardization..
Н. Article 7, paragraph 1, 9, 10
The central body of executive power in the
sphere of standardization shall organize,coordinate and carry out activities in
development, approval, adoption, revision,
amendment and dissemination of nationalWT/ACC/UKR/113
Page 10 ТВТ Article Contents of ТВТ ArticleReference to relevant Articles of the Law of
Ukraine "On Standardization"Reference to relevant Articles of the Law of
Ukraine
"On Conformity Assessment"Reference to relevant Articles of
the Law of Ukraine "On
Accreditation of Conformity
Assessment Bodies"Notes
standards according to the scope of this law, and
– as the national standardization body - representUkraine in international and regional
standardization organizations.
The key functions of the central body of
executive power in the field of standardization
are as follows:
- ... elaboration of the work program on
standardization, coordination of itsimplementation;
- making decisions on the establishment and
termination of activities of technicalcommittees for standardization, determining
their authorities and the procedure of
establishment...
І. Article 4
Objects of standardization are products,
processes and services (hereinafter – products),
in particular materials, component parts,equipment, systems, their compatibility, rules,
procedures, functions, methods or activities.
J.  Article 11,  paragraph 6 Annually the central
body of executive power in the field of
standardization elaborates the work program(hereafter-program) for standardization activities.
The program is formed taking into account state
priorities, proposals of the technical committeesfor standardization and other subjects of
standardization, involved in elaboration. The
program contains a list of national standards thathave been accepted for development. The
program shall be published at least once per six
months in the official edition of the central bodyof executive power in the field of
standardization, and placed in information
networks.
K. Article 7, paragraph 11, 12The key functions of the central body of
executive power in the field of standardizationare as follows:
- creation and upholding of the nationalWT/ACC/UKR/113
Page 11ТВТ Article Contents of ТВТ ArticleReference to relevant Articles of the Law of
Ukraine "On Standardization"Reference to relevant Articles of the Law of
Ukraine
"On Conformity Assessment"Reference to relevant Articles of
the Law of Ukraine "On
Accreditation of Conformity
Assessment Bodies"Notes
archive of normative documents and the
national information center of theInternational information network ISONET
WTO;
- providing information services in the field
of standardization.
L. Article 11,  paragraph 13, 14, 15 The rules and the procedure of development,
approval, adoption, revision, amendment andtermination of national standards validity, which
are set up by the central body of executive power
in the field of standardization, have to provide:
- ... procedure for informing interested parties
on the works in the field of nationalstandardization. The term of consideration
of a draft national standard and submission
of comments cannot be less than 60 daysfrom its publication date;
- familiarization of all interested parties with
draft national standards;
While approving or adoption of a national
standard the central body of executive power inthe field of standardization determines the date,
when the standard enters into effect taking into
consideration the time for preparatory measureswith respect to its introduction.
M. Р. Article 16, paragraph 1, 2.
Provision of information services is conducted
through the publication of official texts ofstandards, information and reference publications
as well as dissemination via information
networks either on one’s own initiative or onrequest.
The central body of executive power in the field
of standardization provides information to
domestic as well as foreign users through the
main information archive of normative
documents and the National information center
of the International information networkISONET WTO.WT/ACC/UKR/113
Page 12 ТВТ Article Contents of ТВТ ArticleReference to relevant Articles of the Law of
Ukraine "On Standardization"Reference to relevant Articles of the Law of
Ukraine
"On Conformity Assessment"Reference to relevant Articles of
the Law of Ukraine "On
Accreditation of Conformity
Assessment Bodies"Notes
N. Article 11. paragraph 9
The rules and the procedure of development,
approval, adoption, revision, amendment and
termination of national standards validity, whichare set up by the central body of executive power
in the field of standardization, have to provide:
criteria of consideration or rejection of proposalsconcerning development of national standards;
O. Article 11, paragraph 16.
The list of national standards, approved andadopted within a month, is published next month
in the official edition of the central body of
executive power in the field of standardization.
Article 11, paragraph 18
Adoption of an international (regional) standard
is publication of the national standard, based on a
corresponding international (regional) standard,or confirmation that the international (regional)
standard has the same status that has the national
standard, specifying any deviation from theinternational (regional) standard.The cost of copy of a
standard or other
normative document shall
include the cost of paper,copying service, and
expenses on delivery, and
shall be equal for domesticand foreign customers.
Article 5Procedures ForAssessment of
Conformity by
CentralGovernment
BodiesParagraph 5.1 On ensuring
the national treatmentArticle 5, paragraph 3, 4, 5, 6
State policy in the sphere of conformity
assessment is based on the following
principles:
- ... impartiality, transparency and
accessibility of the procedures ofconformity assessment;
- application of the procedures for
conformity assessment, taking intoaccount international practice
depending on potential risk;
- ensuring identical procedures for
conformity assessment for the products
of domestic and foreign origin;
- harmonization of national legislative
acts on conformity assessment with
international and European ones
Article 9, 10, 11, 13, 16, 17, 19 do not
contain separate requirements as to
conformity assessment of goods, originatingfrom territories of other WTO membersWT/ACC/UKR/113
Page 13ТВТ Article Contents of ТВТ ArticleReference to relevant Articles of the Law of
Ukraine "On Standardization"Reference to relevant Articles of the Law of
Ukraine
"On Conformity Assessment"Reference to relevant Articles of
the Law of Ukraine "On
Accreditation of Conformity
Assessment Bodies"Notes
Paragraph 5.2 on the national
treatment of conformityassessmentArticle 6, paragraph 5
The Cabinet of Ministers of Ukraine in the
sphere of conformity assessment shall:
approve of technical regulations onconformity assessment
Article 6, paragraph 18
Specially authorized central body of
executive power in the sphere of conformity
assessment shall:
provide information on conformity
assessment issues.The rules of determining
the cost of works onconformity assessment are
approved of by the Cabinet
of Ministers of Ukraine(Resolution No.485 of
11 April 2002).
Paragraph 5.3 on carrying out
spot checksArticle 15, paragraph 7
Subject of standardization is entitled to
reimbursement of losses, caused to him byunauthorized dissemination of the standard, the
code of practice, technical specifications
according to the law.Article 14.
State monitoring of the compliance with
conformity assessment requirements in thelegally regulated sphere is carried out
according to the procedure established by
legislation.The Decree of the Cabinet
of Ministers of Ukraine
"On State Monitoring of
the Compliance ofStandards, Norms and
Rules and Liability for
their Violation" No.30-93of 8 April 1993 (with
changes and amendments)
Paragraph 5.4 on preventive
measuresArticle 13, paragraph 1
Technical regulations and other normative and
legislative acts set up mandatory requirementsfor:
- protection  of life, health or property of a
person;
- protection of animals and plants;
- environment protection;- safety of products, processes or services;
- preventing deception regarding the intended
use and safety of products;
- elimination of a threat to the national
security.Article 9
The conformity assessment procedure in the
legally regulated sphere for certain types ofproducts, which can present risk for the life
and health of people, animals, plants as well
as for property and environment, isintroduced by the technical regulations on
conformity assessment.
Simultaneously with the adoption of
technical regulations on conformity
assessment, the specially authorized body ofexecutive power in the sphere of conformity
assessment shall officially publish the list of
the national standards, voluntary applicationof which can be evidence of product
conformity to the essential requirements of
technical regulations. Producer or supplieralso has the right to assure conformity of the
product to the essential requirements of
technical regulations by ways other thanconformity to standards, permitted by these
regulations.WT/ACC/UKR/113
Page 14 ТВТ Article Contents of ТВТ ArticleReference to relevant Articles of the Law of
Ukraine "On Standardization"Reference to relevant Articles of the Law of
Ukraine
"On Conformity Assessment"Reference to relevant Articles of
the Law of Ukraine "On
Accreditation of Conformity
Assessment Bodies"Notes
Paragraph 5.5 on
harmonization of conformityassessment proceduresArticle 5, paragraph 6
State policy in the sphere of conformity
assessment is based on the following
principles:
... harmonization of national legislative acts
on conformity assessment with internationaland European ones;
Article 21
The specially authorized central body of
executive power in the sphere of conformity
assessment, in accordance with legislationshall represent the interests of Ukraine in
international organizations on conformity
assessment, cooperate in this sphere withrelevant bodies of other countries, make
decisions on the accession to international
and regional certification systems, makeagreements on mutual recognition of the
results of conformity assessment works.Ukraine is an active
member of the ISOConformity Assessment
Committee (CASCO), and
participates in thedevelopment of ISO/IEC
conformity assessment
standards and directives.
Paragraph 5.6 – 5.9 onproviding informationArticle 6, paragraph 18
Specially authorized central body of
executive power in the sphere of conformity
assessment shall:
... provide information on conformity
assessment issues.Standard DSTU 1.13-2002
"Rules of providingnotifications to trade
partners of Ukraine" is
currently in effect
Article 6
Recognition of
ConformityAssessment by
Central
GovernmentBodiesParagraph 6.1 – 6.3 on
recognition of conformity
assessment by governmentalbodiesArticle 6, paragraph 6
The Cabinet of Ministers of Ukraine in the
sphere of conformity assessment shall:
... conclude international agreements in the
sphere of conformity assessment, accessionof Ukraine to international (regional)
certification systems.
Article 6, paragraph 10
The specially authorized central body of
executive power in the sphere of conformity
assessment shall:
... develop propositions on conclusion of
international agreements in the sphere of
conformity assessment, accession of Ukraineto international (regional) certificationArticle 6, paragraph 15, 16
Following are the principal
functions of the national
accreditation body:
- ... representation of Ukraine
in international, European
and regional organizationsfor accreditation;
- signing of international
agreements on cooperationand mutual recognition of
accreditation of conformity
assessment bodies accordingto the procedure established
by legislation;WT/ACC/UKR/113
Page 15ТВТ Article Contents of ТВТ ArticleReference to relevant Articles of the Law of
Ukraine "On Standardization"Reference to relevant Articles of the Law of
Ukraine
"On Conformity Assessment"Reference to relevant Articles of
the Law of Ukraine "On
Accreditation of Conformity
Assessment Bodies"Notes
systems, make decisions on the procedure of
recognition of the results of certificationworks, carried out by the certification bodies
of other countries.
Article 21.
The specially authorized central body of
executive power in the sphere of conformity
assessment, in accordance with legislation
shall represent the interests of Ukraine ininternational organizations on conformity
assessment, cooperate in this sphere with
relevant bodies of other countries, makedecisions on the accession to international
and regional certification systems, make
agreements on mutual recognition of theresults of conformity assessment works.
Paragraph 6.4 Article 12, paragraph 4
Approved certification bodies are entitled to
make, with the approval of the specially
authorized central body of executive power
in the sphere of conformity assessmentagreements on mutual recognition of results
of works on conformity assessment with
authorized bodies of other countries.
Article 7
Procedures for
Assessment ofConformity by
Local
GovernmentBodiesParagraph 7.1 – 7.5 Article 6, paragraphs 9, 11, 13. 14,18
The specially authorized central body of
executive power in the sphere of conformity
assessment shall:
- ... carry out the uniform state technical
policy in the sphere of conformity
assessment;
- coordinate activity of central bodies of
executive power in the relevant spheres
of activity on conformity assessment inthe legally regulated sphere;
- organize development of draft
legislative acts that set up generalrequirements and rules of procedure for
conformity assessment in legally
regulated sphere;
- provide methodological assistance to
the central bodies of executive power
during the development of draft laws,other legislative acts on conformityWT/ACC/UKR/113
Page 16 ТВТ Article Contents of ТВТ ArticleReference to relevant Articles of the Law of
Ukraine "On Standardization"Reference to relevant Articles of the Law of
Ukraine
"On Conformity Assessment"Reference to relevant Articles of
the Law of Ukraine "On
Accreditation of Conformity
Assessment Bodies"Notes
assessment, including technical
regulations;
- coordinate technical regulations on
conformity assessment, developed by
the bodies of executive power, andsubmitted for approval to the Cabinet of
Ministers;
- provide information on conformity
assessment issues.
Article 8
Procedures for
Assessment ofConformity by
Non-
GovernmentalBodiesParagraph 8.1 – 8.2 on
participation of non-
governmental bodies inconformity assessmentArticle 12, paragraph 1, 5
Conformity assessment is carried out by
accredited certification bodies of any form of
ownership according to the procedure,
established by legislation, which have beenapproved to carry out activities in the legally
regulated sphere.
Requirements for authorized certification
bodies and procedure of their authorization
are established by the Cabinet of Ministers.
Article 9
International
and RegionalSystemsParagraph 9.1 on
participation in international
and regional conformityassessment systemsArticle 21
The specially authorized central body of
executive power in the sphere of conformity
assessment, in accordance with legislation
shall represent the interests of Ukraine ininternational organizations on conformity
assessment, cooperate in this sphere with
relevant bodies of other countries, makedecisions on the accession to international
and regional certification systems, make
agreements on mutual recognition of theresults of conformity assessment works.Ukraine is a member of the
conformity assessment
system of the InternationalElectrotechnical
Commission: IECEE – the
system for testingcompliance and
certification of electric
appliances;IECQ– the system of
assessment of quality of
electric components
Paragraph 9.2 – 9.3 Article 6, paragraph 10
develop propositions on conclusion of
international agreements in the sphere of
conformity assessment, accession of Ukraine
to international (regional) certificationsystems, make decisions on the procedure of
recognition of the results of certification
works, carried out by the certification bodiesof other countries;
Article 21The specially authorized central body of
executive power in the sphere of conformityWT/ACC/UKR/113
Page 17ТВТ Article Contents of ТВТ ArticleReference to relevant Articles of the Law of
Ukraine "On Standardization"Reference to relevant Articles of the Law of
Ukraine
"On Conformity Assessment"Reference to relevant Articles of
the Law of Ukraine "On
Accreditation of Conformity
Assessment Bodies"Notes
assessment, in accordance with legislation
shall represent the interests of Ukraine ininternational organizations on conformity
assessment, cooperate in this sphere with
relevant bodies of other countries, makedecisions on the accession to international
and regional certification systems, make
agreements on mutual recognition of theresults of conformity assessment works.
Article 10
Information
AboutTechnical
Regulations,
Standards andConformity
Assessment
ProceduresParagraph 10.1
On establishment of the
inquiry processing centerAccording to the
Resolution of the Cabinet
of Ministers of UkraineNo.84 of 1 February 1995
the National Information
Center of the InternationalInformation Network
ISONET has been
established. It allows theDerzhstandard to
permanently provide
information (notifications)on the development and
adoption of new laws in
the sphere of technicalregulation, reduction of the
list of products subject to
mandatory certification,technical standardization
programs, as well as
answers to inquiries ofWTO members.
Paragraph 10.2 – 10.3 oncoordination and ensuringinformationArticle 16, paragraph 2, 4
The central body of executive power in the field
of standardization provides information to
domestic as well as foreign users through themain information archive of normative
documents and the National information center
of the International information networkISONET WTO.
Standardization subject, responsible for the
development and adoption of standards that arelikely to create technical barriers to trade,
provides relevant information to the central body
of executive power in the field ofstandardization, which transfers this information
to users through the information network
ISONET WTO within the terms, established bythe "Code of Good Practice".Article 5, paragraph 9
State policy in the sphere of conformity
assessment is based on the following
principles:
... provision of complete and comprehensive
information on conformity assessment issuesto all interested parties.
Article 6, paragraph 17,18Specially authorized body in the sphere of
conformity assessment shall:... keep the national archive of legislative
acts on conformity assessment issues;
provide information on conformityassessment issues.Article 6. paragraph 18, 19
Following are the principal
functions of the national
accreditation body:
- keeping the archive of
legislative acts andnormative documents,
related to accreditation;
- providing information on
accreditation issues.WT/ACC/UKR/113
Page 18 ТВТ Article Contents of ТВТ ArticleReference to relevant Articles of the Law of
Ukraine "On Standardization"Reference to relevant Articles of the Law of
Ukraine
"On Conformity Assessment"Reference to relevant Articles of
the Law of Ukraine "On
Accreditation of Conformity
Assessment Bodies"Notes
Paragraph 10.4
On providing copies ofdocumentsDetermined by the
Provision on theInformation Center,
approved by the Order of
the Derzhstandard No.245of 13 July 1995 (with
changes and amendments).
Also implementedaccording to the state
standard DSTU 1.13-2002
"Rules of ProvidingNotifications to Trade
Partners of Ukraine"
Paragraph 10.5 – 10.7 Applicable to WTO
members.Notifications to the WTO
Secretariat in Geneva are
supplied by theDerzhstandard in English
Paragraph 10.8 – 10.9 onterms of providinginformationTaken into consideration in
provisions of the statestandard DSTU 1.13-2002
"Rules of Providing
Notifications to TradePartners of Ukraine"
Paragraph 10.10. on
appointment of the unified
central governmental bodyArticle 7, paragraph 11
The key functions of the central body of
executive power in the field of standardization
are as follows:
... creation and upholding of the national archive
of normative documents and the national
information center of the Internationalinformation network ISONET WTO...
Articles 11- 15on proceduralissues and
obligations of
countries thatacquired WTO
membership
__________