LAW OF UKRAINE

of June 6, 2019 No. 2740-VIII

About modification of some legislative acts of Ukraine concerning implementation of acts of the European Union law in the field of technical regulation

The Verkhovna Rada of Ukraine decides:

I. Make changes to such legal acts of Ukraine:

1. In the Code of Ukraine about administrative offenses (The sheet of the Verkhovna Rada of USSR, 1984, appendix to No. 51, the Art. 1122):

The word "certifications" shall be replaced with words 1) in the name of Chapter 13 "technical regulation";

In paragraph one of Article 167 of the word of "certificates of conformity" to exclude 2);

Article 172-1 to exclude 3);

Paragraph one of part one of Article 188-9 to state 4) in the following edition:

"Failure to carry out of legal requirements of officials of the central executive body realizing state policy in the field of standardization, metrology and metrological activities and technical regulation, concerning elimination of violations of the law about standardization, metrology and metrological activities, technical regulations and assessment of conformity, accreditation of conformity assessment bodies, failure to provide stipulated by the legislation information by it or violation of the terms of provision of such information established by the legislation, provision of unreliable information, creation of obstacles for accomplishment of the obligations assigned to them";

The word and figures "Articles 172-1" to replace 5) in Article 244-7 part one with the word "Article".

2. "About the Security Service of Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 1992, No. 27, Art. 38 with subsequent changes) to add article 24 of the Law of Ukraine with Item 19 of the following content:

"19) to perform functions of technical regulation in the field of special technical means for removal of information from communication channels and other technical means of secret receipt of information".

3. In the Law of Ukraine "About pesticides and agrochemicals" (Sheets of the Verkhovna Rada of Ukraine, 1995, No. 14, Art. 91; 2010, No. 30, Art. 394; 2015, No. 14, Art. 96, No. 21, Art. 133):

1) to include the sixth part of such content in Article 8:

"Technical means of use of pesticides and agrochemicals to which requirements and procedures of the technical regulation for safety of the machines which are not subject to the state testing, state registration and re-registration extend";

In paragraph three of part two of Article 20 of the word" (except the machines intended for use of pesticides and agrochemicals to which action of the technical regulation concerning machines extends)" shall be replaced with words 2) "(except technical means of use of pesticides and agrochemicals on which requirements and procedures of the technical regulation expatiate on safety of machines)".

4. In the Law of Ukraine "About accreditation of conformity assessment bodies" (Sheets of the Verkhovna Rada of Ukraine, 2001, No. 32, Art. 170; 2012, No. 36, Art. 420; 2015, No. 14, Art. 96):

Article 1 paragraph two after the words "harmonized with the corresponding international and European standards" to add 1) with the words "or to requirements of the international or European standards";

2) in Article 6:

in paragraph three of part seven of the word "extraordinary" shall be replaced with words "extraordinary and others";

the ninth to state part in the following edition:

"The national authority of Ukraine on accreditation publishes on the website information on results of its mutual estimation, types of activity on assessment of conformity concerning which it performs accreditation, and about any changes connected with it";

3) in Article 6-1:

in the paragraph the second shall be replaced with words the words "provide its independence" "be independent", and the words "prevention" - the words "provide absence";

in paragraph nine of the word "can influence" shall be replaced with words "could affect";

word in paragraph ten of "competence of the involved personnel and condition of accomplishment by personnel of the obligations" shall be replaced with words "accomplishment by the attracted personnel of works on accreditation and his competence;

in paragraph eleven the word of "company" shall be replaced with words "the subject of managing", and the word "it" - the word "it";

4) in Article 6-4:

part the second after words and figures "requirements, the stipulated in Clause 6-1 this Law" to add with the words "and also other requirements and obligations established by this Law";

after part two to add with new part of such content:

"In the presence of the bases to believe that the national authority of Ukraine on accreditation does not conform to requirements or does not fulfill the duties established by this Law, the central executive body which provides forming of state policy in the field of economic development off-schedule performs monitoring of compliance to requirements to national authority of Ukraine on accreditation".

With respect thereto speak rapidly third - to consider the fifth respectively parts four - the sixth;

after part four to add with new part of such content:

"For determination of compliance of national authority of Ukraine on accreditation to requirements, the stipulated in Clause 6-1 this Law the central executive body which provides forming of state policy in the field of economic development estimates and considers compliance of national authority of Ukraine on accreditation to criteria which are established by the national standard which is identical to the international standard ISO/IEC 17011 or the European EN ISO/IEC standard 17011, and cover relevant requirements".

With respect thereto the fifth and sixth to consider parts respectively parts six and the seventh;

after part six to add with two new parts of such content:

"Officials of the central executive body which provides forming of state policy in the field of economic development which perform monitoring of compliance to requirements to national authority of Ukraine on accreditation not disclose confidential information which became known to them in connection with implementation of the specified monitoring and not to use such information in private interests or for the benefit of the third parties, except the cases determined by the law. The officials guilty of violation of the specified obligation, are brought to the responsibility established by the law.

National authority of Ukraine on accreditation and his officials shall upon the demand of the central executive body which provides forming of state policy in the field of economic development, to undertake the adjusting measures for the ensuring fulfillment of requirements and obligations established by this Law".

With respect thereto the seventh to consider part part nine;

5) in Article 9:

state part one in the following edition:

"The conformity assessment body can appeal the decision on accreditation made on it by national authority of Ukraine on accreditation with which he does not agree by submission of the appeal in the commission on appeals";

add with part three of the following content:

"Submission of the appeal in the commission on appeals does not limit the right of conformity assessment body to appeal to the court";

6) in Article 11:

the sixth to state part in the following edition:

"The national authority of Ukraine on accreditation carries out monitoring by implementation of supervision, repeated, extraordinary and other estimates of accredited bodies";

in part eight the word "replaces" to replace with the word "replacement";

after part eight to add with new part of such content:

"If the head of national authority of Ukraine on accreditations or person replacement it for absence time, accepted (took) part in evaluating conformity assessment body, the decision specified in part eight of this Article based on such assessment is accepted by one of deputy managers of national authority of Ukraine on accreditation who did not take part in carrying out the corresponding assessment".

With respect thereto the ninth to consider part part ten;

7) in paragraphs six and the seventh Article 17 of the word "supervision, repeated or extraordinary assessment of accredited bodies" to exclude.

5. 47 parts one of article 7 of the Law of Ukraine "About insurance" (Sheets of the Verkhovna Rada of Ukraine, 2002, No. 7, of Art. 50 with subsequent changes) to exclude Item.

6. Part the second article 24 of the Law of Ukraine "About telecommunications" (2004, 12, the Art. 155) to state sheets of the Verkhovna Rada of Ukraine to No. in the following edition:

"2. Confirmation of conformity of technical means of telecommunications is performed according to the Law of Ukraine "About technical regulations and assessment of conformity".

7. In part three of article 2 of the Law of Ukraine "About authorization system in the field of economic activity" (Sheets of the Verkhovna Rada of Ukraine, 2005, No. 48, Art. 483; 2010, No. 13, Art. 128; 2014, No. 23, Art. 873; 2015, No. 14, Art. 96):

In paragraph four of the word "renewal" and "and without use of the principle of organizational unity" to exclude 1);

The paragraph the fifth to state 2) in the following edition:

"Issue of certificates on appointment of conformity assessment body for accomplishment of the certain tasks by the third party on assessment of conformity determined in the corresponding technical regulation and certificates on appointment of acknowledged independent organization for approval of engineering procedures of accomplishment of one-piece connections, personnel which carries out one-piece connections and/or the personnel which are carrying out nondestructive control according to the technical regulation concerning the equipment working under pressure, expansions and reducings the sphere of appointment, suspension and renewal of action of the specified certificates, their cancellation are performed according to this Law taking into account the features determined by the Law of Ukraine "About technical regulations and assessment of conformity";

The paragraph of the sixth to exclude 3).

8. In the Law of Ukraine "About rehabilitation of persons with disability in Ukraine" (Sheets of the Verkhovna Rada of Ukraine, 2006, No. 2-3, of Art. 36; 2015, No. 14, Art. 96; 2018, Art. No. 6-7, 43):

The paragraph of the sixth Article 10 to state 1) in the following edition:

"control of compliance of products of medical appointment, technical and other means of rehabilitation to the requirements established by the legislation";

The eleventh and thirteenth Article 26 to state 2) to part in the following edition:

"Technical and other means of rehabilitation and component parts to them which are issued in the conditions of serial production are subject to assessment of conformity to requirements of technical regulations or national standards (in case of lack of technical regulations)";

"In case of sales of products which underwent assessment of conformity to requirements of technical regulations or national standards the manufacturer (seller) bears responsibility according to the law";

"The certified products of the prosthetic and orthopedic companies and so forth" shall be replaced with words 3) in part five of Article 41 of the word "products of the prosthetic and orthopedic companies which underwent assessment of conformity to requirements of technical regulations or national standards, and so forth".

9. In the Law of Ukraine "About consumer protection" (Sheets of the Verkhovna Rada of Ukraine, 2006, No. 7, Art. 84 with subsequent changes):

Parts the third and seventh Article 14 to add 1) with the words "if the corresponding regulatory legal acts, including technical regulations, do not establish different ways of informing consumers on certain types of risk of products";

2) in Article 15:

in part one:

in paragraph nine of the word "in compliance" shall be replaced with words "in compliance if the law or the corresponding technical regulation do not establish other operations procedure of the manufacturer (seller) in the following cases";

the seventeenth to exclude the paragraph;

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