Technical regulation
30 October 2020 19:23

In the context of liberalization of international trade, the average level of tariff protection on the EU industrial goods market for Ukraine ranges from 4.4% to 5%. Therefore, main obstacles to trade in industrial goods with the EU are not import tariffs, but technical barriers.

The EU technical regulation system is considered to be the most effective and successful example of removing technical barriers to trade. The European technical model grounds on the principles of the «New» and «Global» approaches, first formulated in 1985 and 1989.

According to these principles, the basic requirements for product safety and quality are listed in EU technical regulations and are mandatory, while harmonized EU standards are voluntary. In this case, the compliance of products with one of the harmonized EU standards (developed in the framework of technical regulations) is considered as a general compliance to basic requirements provided by a technical regulation. Control over compliance with the requirements of technical regulations is carried out through market surveillance, not control of the production process.

The general procedure and terms for placing products on the EU internal market, carrying out conformity assessment and accreditation works, as well as the market surveillance mechanism are outlined in Council Regulation No 765/2008 of 9 July 2008 and Decision No 768/2008 of the European Parliament and of the Council of July 9, 2008.

The EU is stepping up market surveillance of products entering the Single Market. On 14 June 2019, the EU Council adopted a Regulation on market surveillance and conformity of products, which will amend Directive 2004/42 / EC and Regulations (EC) 765/2008 and (EU) 305/2011 (https://data.consilium.europa.eu/doc/document/PE-45-2019-INIT/en/pdf). The adoption of the Regulation will strengthen the EU's efforts to ensure that only products that are safe and comply with current EU legislation are placed on the EU market, regulate the procedure for placing unsafe products on the market, and ensure stricter compliance with EU rules to increase consumer confidence to the EU market.

According to Article 56 of Chapter 3 «Technical Barriers to Trade» of Chapter IV «Trade and Trade-Related Issues» of the EU-Ukraine Association Agreement, Ukraine takes necessary measures to gradually achieve compliance with the EU technical regulations and systems of standardization, metrology, accreditation, conformity assessment and market surveillance and commits to uphold principles and practices set out in the relevant EU-1 decisions and regulations.

Eliminating technical barriers to trade in industrial products is an important precondition for effective functioning of the Deep and Comprehensive Free Trade Area between Ukraine and the EU, as well as increasing Ukrainian exports of high value-added goods not only to the European Union, but also to other countries.

Adaptation of technical regulations and implementation of European harmonized standards will ensure high quality and safety of industrial goods for buyers, increase competitiveness of Ukrainian products and open new markets for exporters, promote innovative industrial development.


The issue of bilateral cooperation between Ukraine and the EU in the field of technical regulation and standardization is discussed within Association's bodies: Association Council, Association Committee, the Association Committee in trade configuration, as well as at the expert level - within the Working Group on Technical Barriers to Trade and Standardization of the EU-Ukraine High level Industrial Dialogue, Plenary Session of the EU-Ukraine High level Industrial Dialogue, Cluster 2 of the Subcommittee on Economic Affairs and Other Sectoral Cooperation of the EU-Ukraine Association Committee.

The issue of coordination of technical regulation activities with the EU and the Eastern Partnership countries is discussed within the Panel on Reforming Technical Regulation System and Related Infrastructure within the Platform №2 «Economic Development and Market Opportunities» of the EU Eastern Partnership Initiative.

Cooperation between Ukraine and the EU in the field of technical regulation aims at approximating legal framework of Ukraine in the field of technical regulation to the EU and WTO requirements, including the transition from mandatory certification to conformity assessment, adoption of technical regulations in line with EU New Approach Directives, revision and replacement of old standards (GOST) and introduction of ISO (International Organization for Standardization) and European standards, launching a market surveillance system, updating and modernizing material base, reforming and strengthening institutional base of quality assurance, etc.

A tangible result of this cooperation should soon be seen in signing the Agreement on Conformity Assessment and Mutual Acceptance of Industrial Products (ACAA Agreement) between EU and Ukraine in key sectors of production.

Low-voltage electrical equipment, electromagnetic compatibility of equipment and machine safety were identified as priority sectors for the ACAA Agreement at the first stage.

The possibility of conclusion of the ACAA Agreement is envisaged in the Association Agreement between Ukraine and the EU (Article 57). It will be signed as an additional protocol after harmonization of sectoral and horizontal legislation of Ukraine with the relevant EU directives.

Useful links:

TBT leaflet and TBT Brochure

https://ec.europa.eu/growth/tools-databases/tbt/en/documents/

CEN & CENELEC

https://www.cencenelec.eu/Pages/default.aspx

The European single market

https://ec.europa.eu/growth/single-market_en

Market surveillance for products

https://ec.europa.eu/growth/single-market/goods/building-blocks/market-surveillance_en

CE marking

https://ec.europa.eu/growth/single-market/ce-marking_en


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