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Eng
12 Mar 2020

The vise on business at the sphere of the market glance will be reduced

From 26.03.20, inspections on the market of non-food products will be carried out according to the new rules. Duplication of supervisory functions of supervisory authorities eliminated. Recall that the market surveillance authorities include the State Consumer Service, State Labor, State Construction Inspectorate, State Service, SES, State Inspectorate, Maritime Administration.

Checking the characteristics of products from their manufacturers will be carried out only if there are documented reasons to believe that the products are dangerous, pose a risk and / or do not meet certain requirements as a result of actions or omissions of the manufacturer of such products. When conducting inspections of products of a certain type (type), category and / or group, it will be prohibited to verify other products. This will allow focus verification and prevent abuse.
Documents are subject to verification in the first place, and only if necessary will the product samples be examined. Depending on their results, the controllers may decide on the selection and examination (testing) of product samples. Note that the provision of such documents may be required only in the amount that is necessary to establish the supply chain of products.
At the same time, checks will last longer. The time period for checking the characteristics of products may not exceed four working days from the distributor of these products, and five working days from the manufacturer of such products. This period will be suspended during the examination (test) of product samples taken during the audit. In addition, the deadline for the examination was increased to thirty working days from the date of the decision to conduct it. Therefore, the audit is suspended until the market surveillance authority receives the results of this examination (test). Also, the audit will be suspended so that the manufacturer / distributor translates the documents necessary for the audit. However, no more than 30 working days are allotted for the provision of translated documents.
According to the new rules, if according to the results of checking the characteristics of products they find that the product is dangerous, poses a risk and / or does not meet the established requirements, then the market surveillance authority will start checking with its manufacturer or the person who brought the product into circulation, and determines the whole sequence of economic entities in supply chain of such products.
The changes and documents that should be provided during verification will also be affected. The requirements for the order and direction for the audit are clearly defined. For example, the order will indicate the subject of inspection (the name of the type (type), category and / or group of products), the name and address of the object where the products are located. To prevent involuntary violations will help and free consulting support on market surveillance provided by supervisors. These clarifications are provided in the form of written consultations or through public discussion.
Discipline the business will be the classic method - a significant increase in fines. In addition, liability has been introduced for preventing the conduct of inspections of product characteristics and failure to comply with the legal requirements of market surveillance officials. For this, a fine of 17 thousand UAH is provided.
Note that these innovations are consistent with EU directives and regulations. Therefore, they are bringing Ukraine closer to the conclusion of the Agreement on the assessment of conformity and adoption of industrial products and, accordingly, the opening of the EU market to Ukrainian producers of non-food products.