RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 26, 2011 No. 1406

Questions of realization and destruction of the samples of non-food products used when conducting examination (testing) which were selected within implementation of the state market supervision

According to the paragraph third "About the state market supervision and control of non-food products" the Cabinet of Ministers of Ukraine decides parts nine of article 27 of the Law of Ukraine:

1. Approve such which are applied:

Procedure for realization and destruction of the samples of non-food products used when conducting examination (testing) which were selected within implementation of the state market supervision;

Technique of determination of residual cost of the samples of non-food products used when conducting examination (testing) which were selected within implementation of the state market supervision.

2. Determine that the limiting limit of residual value of the sample of non-food products used when conducting examination (testing) which was selected within implementation of the state market supervision (except product samples which are dangerous constitute risk and/or do not meet the established requirements concerning their safety), constitutes ten free minima of the income of citizens.

3. Bring in the Accounting treatment, storages, estimates of the seized and other property which carries over the state, and the order it, No. 1340 approved by the resolution of the Cabinet of Ministers of Ukraine of August 25, 1998 (the Of_ts_yny v_snik of Ukra§ni, 1998 No. 34, of Art. 1280; 1999 No. 21, Art. 951; 2000 No. 4, Art. 117; 2001 No. 52, Art. 2345, 2002 No. 18, Art. 941; 2003 No. 29, Art. 1476; 2006 No. 9, Art. 553 No. 11, Art. 748 No. 14, Art. 989; 2010 No. 68, the Art. 2465), changes which are applied.

4. To the ministries and other central executive bodies to bring own regulatory legal acts into accord with this resolution.

 

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 26, 2011, No. 1406

Procedure for realization and destruction of the samples of non-food products used when conducting examination (testing) which were selected within implementation of the state market supervision

1. This Procedure determines the procedure of realization and destruction of the samples of non-food products used when conducting examination (testing) (further - the used product sample) which were selected within implementation of the state market supervision.

2. This Procedure is not applied in time:

implementation of sampling of precious metals, samples of jewelry and household products from precious metals and gemstones;

addresses with the used product samples which contain sources of ionizing radiation which is performed according to requirements of the legislation in the field of use of nuclear energy;

declaring by customs authorities and customs clearance of samples of non-food products which are selected for conducting examination (testing) during stay of such samples under customs control.

3. In this Procedure terms are used in the value given in the Laws of Ukraine "About the state market supervision and control of non-food products" and "About general safety of non-food products".

4. The used product samples which residual cost exceeds limiting limit of residual value (except product samples which are dangerous constitute risk and/or do not meet the established requirements concerning their safety), are implemented by sale at the public biddings (auctions).

The used product samples which residual cost does not exceed limiting limit of residual value and concerning what by results of their examination (testing) it is determined that they are dangerous constitute risk and/or do not meet the established requirements concerning their safety, are liable to destruction.

5. Examination (testing) of the samples of non-food products which are selected by body of the state market supervision is carried out by the test laboratory or other organization accredited on the right of conducting examination (testing) of product samples by national authority on accreditation based on the agreements signed by bodies of the state market supervision with such organization (further - test laboratory). For each used product sample, except for product samples which are dangerous constitute risk and/or do not meet the established requirements concerning their safety, the test laboratory establishes value of coefficient of depreciation of the used product sample as a result of conducting examination (testing) (further - depreciation coefficient).

By results of conducting examination (testing) by test laboratory the certificate of value of coefficient of depreciation certified by the signature of the head of such laboratory which is sealed is drawn up.

6. The test laboratory within two working days from the date of the termination of term of conducting examination (testing) by it gives (sends) to body of the state market supervision the used product sample together with examination conclusion (test report) and the certificate of value of coefficient of depreciation for product samples by results of which examination it is determined that they are safe and/or meet the established requirements concerning their safety. Examination conclusion (test report) contains the description of possible risks which can arise during further use of product sample which is safe and/or meets the established requirements concerning safety.

7. Bodies of the state market supervision provide provisional assessment which is carried out according to Item 9 of this Procedure, both accounting and storage of the used product samples before their transfer for further realization or destruction according to the Accounting treatment, storages, estimates of the seized and other property which carries over the state, and the order to them approved by the resolution of the Cabinet of Ministers of Ukraine of August 25, 1998 No. 1340 (the Of_ts_yny v_snik of Ukra§ni, 1998 No. 34, the Art. 1280) (further - the Accounting treatment, storages, estimates of the seized and other property which carries over the state, and the order it).

8. For the solution of questions concerning realization and destruction of the used product samples by body of the state market supervision in territorial authority of the state market supervision, and in case of absence of such territorial authority - in body of the state market supervision the commission which part representatives of body of the state market supervision, representatives of test laboratory which carries out expertize (testing) of the selected samples of non-food products, merchandisers and representatives of the local state administrations are is formed.

9. Assessment of the used product samples which are safe and/or meet the established requirements concerning safety, it is carried out by determination of their residual cost according to the Accounting treatment, storages, estimates of the seized and other property which carries over the state, and the order it.

The commission determines residual cost of the used product samples based on payment documents according to which the body of the state market supervision performs complete payment of cost of the selected samples of non-food products, and certificates of value of coefficient of depreciation of such samples. The body of the state market supervision provides acquaintance of members of the commission with the specified payment documents and references, and also with acts of checks when which carrying out the used product samples were selected.

The act of the description, assessment and transfer of the used product samples affirms the head of body of the state market supervision who selected product samples, or his deputy.

10. The realization of the used product samples is enabled according to the Accounting treatment, storages, estimates of the seized and other property which carries over the state, and the order it.

In case when the used product samples are safe and meet the established requirements concerning their safety for the characteristics, the test laboratory transfers them to body of the state market supervision together with information on nature of their depreciation during testing, and the body of the state market supervision takes control measures for ensuring maintenance of the specified samples with such information prior to their realization.

The body of the state market supervision shall provide each used product sample with information on nature of possible risks which can arise in case of further use of such samples as a result of their depreciation, and measures which consumers (users) need to accept for prevention of such risks.

In case of exposure of the used product samples which are safe and/or meet the established requirements concerning safety, for sale by carrying out the public biddings (auctions) the body of the state market supervision not later than in ten calendar days prior to date of their carrying out will promulgate the relevant information on own official website.

In case when the used product samples after carrying out their writedown were not sold at the public biddings (auctions), the body of the state market supervision submits for consideration of the commission the offer of rather free transfer of the used product samples to institutions of health care, education, social security, social protection, in particular, to institutions in which the orphan children and children deprived of parent care, to orphanages of family type, foster homes, children's homes under organizations of execution of punishments, to organizations of execution of punishments, pre-trial detention centers, military forming and also on the charitable purposes are brought up. If the specified product samples cannot be used in such institutions (organizations) for designated purpose, the body of the state market supervision submits for consideration of the commission the offer concerning destruction of such samples.

11. In case of identification of the selected product samples with signs of falsification or violation of intellectual property rights the body of the state market supervision reports about the specified fact to the owner of brand (intellectual property right) or its representative in Ukraine.

The decision on realization of the used product samples with the revealed signs of falsification or violation of intellectual property rights which by results of examination (testing) are safe and/or meet the requirements concerning safety, except for such which are not physical evidences, is accepted in the written consent of the owner of brand (intellectual property right) or its representative in Ukraine.

In case of refusal the owner of brand (intellectual property right) or his representative in Ukraine from realization of the used product samples with the revealed signs of falsification or violation of intellectual property rights such samples according to the decision of the commission are liable to destruction, except as specified, when they are physical evidences.

12. Payment for work, the used product samples connected with destruction with the revealed signs of falsification or violation of intellectual property rights, is performed at the expense of the owner (the producer, the distributor) of such products.

In case of absence of the owner of the used product samples with the revealed signs of falsification or violation of intellectual property rights or when such owner is unknown, payment of the specified works is performed at the expense of the owner of brand (intellectual property right) or his representative in Ukraine.

Transfer in the government budget of the means received from realization of the used product samples is performed according to the Accounting treatment, storages, estimates of the seized and other property which carries over the state, and the order it.

13. Destruction of the used product samples is performed according to the Accounting treatment, storages, estimates of the seized and other property which carries over the state, and the order it.

Destruction of the used product samples is carried out in the presence of members of the commission.

In case of need destruction of the used product samples can be carried out at the companies which underwent certification on performance of works for destruction of the low-quality and dangerous products withdrawn from circulation according to the Law of Ukraine "About retirement, conversion, utilization, destruction or further use of low-quality and dangerous products".

Upon destruction of the used product samples the statement in form according to appendix is drawn up.

The act of destruction of the used product samples is signed by members of the commission, and also the director on whom destruction was performed, and affirms the head of body of the state market supervision.

The commission makes the decision on free transfer or destruction of the used product samples which is signed by members of the commission and affirms the head of body of the state market supervision who selected the corresponding product samples, or his deputy.

14. The used product samples which are dangerous constitute risk and/or do not meet the established requirements concerning their safety, can according to the decision of the commission be left in relevant organs of the state market supervision for forming of collection of such samples for the purpose of their further use as evident material for preparation, retraining and advanced training of the officials exercising the state market supervision and specialists of test laboratories.

Appendix

to the Procedure

The act of destruction of the samples of non-food products used when conducting examination (testing) which were selected within implementation of the state market supervision

 ЗАТВЕРДЖУЮ
__________________________________________
(керівник органу державного ринкового нагляду,
________________________________________
його підпис, прізвище, ім’я та по батькові)

_____ ________________ 20___ р.

Акт про знищення використаних під час проведення експертизи 
(випробування) зразків нехарчової продукції, що були 
відібрані в межах здійснення державного ринкового нагляду

Нами, _______________________________________________________
(найменування посад, прізвища, ініціали кожної особи,
_________________________________________________________________
яка була присутня під час знищення використаних під час проведення 
_________________________________________________________________
експертизи (випробування) зразків нехарчової продукції)
складено цей акт про те, що ____ ______________ 20___ р. знищено 
використані під час проведення експертизи (випробування) зразки, 
що були відібрані в межах здійснення державного ринкового нагляду,
в кількості 
_________________________________________________________________
(найменування нехарчової продукції)
_________________________________________________________________
Знищення здійснено ___________________________________________
(найменування і місцезнаходження підприємства,
_________________________________________________________________
на якому знищено зразки нехарчової продукції)
на підставі таких документів: _______________________________________
_________________________________________________________________
та із застосуванням _______________________________________________.
(найменування технології знищення)
Участь у знищенні брали:
_________________________     ____________________
(ініціали та прізвище)            (підпис)
_________________________     ____________________
_________________________     ____________________
_________________________     ____________________

М.П. 

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 26, 2011 No. 1406

Technique of determination of residual cost of the samples of non-food products used when conducting examination (testing) which were selected within implementation of the state market supervision

1. This Technique is applied to determination of residual cost of the samples of non-food products used when conducting examination (testing) (further - the used product sample) which were selected within implementation of the state market supervision and concerning which by results of their examination (testing) it is determined that they are safe and/or meet the established requirements.

2. In this Technique terms are used in the value given in the Laws of Ukraine "About the state market supervision and control of non-food products" and "About general safety of non-food products".

3. Residual cost of the used product sample is determined by formula:

where STARS - residual cost of the used product sample in hryvnias;

In - the cost of the selected sample of non-food products in hryvnias;

KZN - value of coefficient of depreciation of the used product sample as a result of conducting examination (testing).

4. The cost of the selected product sample is determined based on payment documents according to which the body of the state market supervision performs complete payment of cost of such sample.

5. Value of coefficient of depreciation of the used product sample as a result of conducting examination (testing) is established taking into account:

level of compliance of parameters and consumer properties of the used product sample to requirements of regulatory legal acts;

level of capability of the used product sample to perform functions to destination;

trade dress of the used product sample;

conditions of packaging of the used product sample, availability of the instruction for use of it and spare parts.

Value of coefficient of depreciation of the used product sample as a result of conducting examination (testing) is drawn up by the reference of test laboratory or other organization which carried out expertize (testing) of product sample.

6. Residual cost of the used product sample cannot exceed the cost of the corresponding selected sample.

 

Approved by the Resolution of the Cabinet of Ministers of Ukraine of December 26, 2011 No. 1406

Changes which are made to the Accounting treatment, storages, estimates of the seized and other property which carries over the state, and the order it

1. Add Item 1 with subitem 13 of such content:

"13) the samples of non-food products used when conducting examination (testing) which were selected within implementation of the state market supervision which residual cost exceeds the border established by the Cabinet of Ministers of limiting Ukraine (except product samples which are dangerous constitute risk and/or do not meet the established requirements concerning their safety), are implemented by carrying out the public biddings (auctions) in the procedure established by the legislation.".

2. Add Item 8 with the subitem "і" such content:

"і) the samples of non-food products used when conducting examination (testing) which were selected within implementation of the state market supervision, - at the prices which equal their residual cost for date of creation of the act of the description, assessment and transfer of such samples.".

3. To add Item 16 after the paragraph of third with the new paragraph of such content:

"The samples of non-food products used when conducting examination (testing) which were selected within implementation of the state market supervision which residual cost does not exceed the border established by the Cabinet of Ministers of limiting Ukraine and concerning what by results of their examination (testing) it is determined that they are dangerous constitute risk and/or do not meet the established requirements concerning their safety, are liable to destruction.".

With respect thereto the fourth to consider the paragraph respectively the paragraph the fifth.

 

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