Cancelling mandatory standardization

According to the Law of Ukraine “On Making amendments to Certain Legislative Acts of Ukraine in view of the Adoption of the Law of Ukraine” On Standardization”, which was adopted by the Verkhovna Rada of Ukraine on September 20, 2019 and signed by the President on October 11, 2019, provision has been made for the introduction in Ukraine of an exclusive voluntary application of national standards.

This Law enters into force one year after its publication, except for some provisions that will enter into force three years later, and it aims at bringing the national standardization system into line with international and European practice, in particular:

  • voluntary application of national standards has been established;
  • preventing the approval of draft national standards with state bodies;
  • preventing statutory regulation of relations to deal with the development of standards of enterprises, institutions and organizations and technical conditions;
  • the abolition of sector wide standardization, whereby for a period of 15 years, central executive authorities have the right to revise their sector wide standards with a view of transposing them to the national or enterprise level, or abolishing them in their respective fields of activity, and within the scope of their powers, for a period of 15 years.

According to European practice, references to certain standards in legislative acts, in particular the directives of the European Union, are isolated cases.  Concurrently, the application of the relevant standards is mandatory.

References to national, interstate, sector wide standards in legislative acts shall be made in extreme and justified cases, in particular, when determining the mandatory application of the relevant standards in European Union legislation.  Concurrently, the relevant national or interstate standards shall be indicated.

Considering the provisions of the Law, in particular regarding the necessity of bringing legislative acts into conformity with the Law, legislative acts shall not contain provisions which provide:

– that products, processes, services shall be manufactured, be held, provided in accordance with

regulations (national standards, codes of established practice, industry regulations, standards,

codes of practice and specifications adopted by enterprises, institutions and organizations) without

reference to the relevant regulations  documents;

  • harmonization of national standards, standards, codes of established practice and technical conditions of enterprises, institutions and organizations with any institutions;
  • the procedures for the development (including content requirements, form, structure, approval), adoption, review, revision, revocation and application of standards, codes of practice and specifications adopted by enterprises, institutions and organizations;
  • observance of standards and penalties for non-compliance with standards.

The voluntary application of the standards is in line with the requirements of the WTO Agreement regarding Technical Barriers to Trade, as well as European standards for standardization.

– Oleg Zheryobkin, attorney at Dynasty Law Firm.

Publications 14 January, 2020

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