G/TBT/N/UKR/279  
20 December 2023  
(23-8717) 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):  non-food 
products  
5. Title, number of pages and language(s) of the notified document:  the draft Law 
of Ukraine "On Amendments to Certain Laws of Ukraine on Improving the State Market 
Supervision and Technical Regulation System in Accordance with the Requirements o f the 
European Union"; (41 page(s), in Ukrainian)  
6. Description of content:  Currently, Ukraine has in force the Law of Ukraine No. 2735 -VI 
"On State Market Supervision and Control of Non -Food Products" of 02 December 2010 
(as amended) that is based on th e provisions of the Decision No 768/2008/EC of the 
European Parliament and of the Council of 09 July 2008 on a common framework for the 
marketing of products, and repealing Council Decision 93/465/EEC as well as Regulation 
(EC) No 765/2008 of the European Parliament and of the Council of 09 July 2008 setting 
out the requirements for accreditation and market surveillance relating to the marketing 
of products and repealing Regulation (EEC) No 339/93.  
Given that the EU market surveillance legislation has been revised and 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 has been adopted, the proposed 
draft Law aims to implement certain provisions of Regulation (EU) 2019/1020 into the 
Ukraine's legislation on state market supervision.  
Thus, the draft Law provides for, in particular:  
- application of market supervision of products offered fo r sale online or through other 
means of distance sales;  
- extension the list of operators subject to state market supervision such as fulfilment 
service providers, information society service providers;  
- setting requirements for drawing -up a national market supervision strategy;  G/TBT/N/UKR/279  
 
- 2 - 
 
  - defining the powers of market supervision authorities in case of violations that may 
cause serious and irreparable risk to end user due to non -compliant products offered for 
sale online or through other means of dist ance sales;  
- enabling organizations representing economic operators or end users to make the 
agreements on joint activities with market supervision authorities;  
- enabling to take samples of products subject to examination (testing) by non -destructive 
control methods on a free -of-charge basis with return of such samples to the owner if no 
non-compliance was identified. In so doing, market supervision authorities are obliged to 
ensure proper storage and transportation of such samples;  
- improving procedures  for the control of non -food products when they are imported into 
the customs territory of Ukraine, and enhancing interaction between customs authorities 
and market supervision authorities.  
7. Objective and rationale, including the nature of urgent proble ms where 
applicable:  National security requirements; Prevention of deceptive practices and 
consumer protection; Quality requirements; Harmonization  
8. Relevant documents:   
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;  
Laws of Ukraine "On State Market Supervision and Control of Non -Food Products", "On 
Technical Regulations a nd Conformity Assessment", "On General Safety of Non -food 
Products"  
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  The Law will enter into force on the day following 
the day of its publication, except for clause 1 of Sec tion I of this Law, which will enter into 
force twelve months after 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) 596 683 9 
Email: ep@me.gov.ua  
Website: https://www.me.gov.ua  
https:// www.me.gov.ua/Documents/Detail?lang=uk -UA&id=c5ffb506 -346b-4afa-b6da-
04a51fbb9dcc&title=ProektZakonuUkrainiproVnesenniaZminDoDeiakikhZakonivUkrainiS
chodoUdoskonalenniaDerzhavnogoRinkovogoNagliaduTaSistemiTekhnichnogoReguliuvan
niaVidpovidnoDoVimogvropeiskog oSoiuzu  
https://members.wto.org/crnattachments/2023/TBT/UKR/23_14763_00_x.pdf