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various, including construction products, personal protective equipment, toys, pyrotechnic products, pressure equipment, gaseous fuel appliances, radio equipment, electrical equipment

The draft Law "On amendments to certain laws of Ukraine regarding improvement of state market surveillance and technical regulation system in accordance with the requirements of the European Union"; (27 page(s), in Ukrainian)

The draft Law proposes to implement the provisions of Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and compliance of products and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011 relevant to Ukraine into the national legislation on state market surveillance, in particular:

- introducing market surveillance of products sold via the Internet or other means of electronic commerce. It also clearly regulates the procedure for conducting inspections of the characteristics of products made available on the market through online trading or other means of electronic commerce ;

- expanding the list of persons subject to state market surveillance, namely: order fulfillment service provider (fulfillment service provider), information society service provider;

- defining certain tasks of business entities in relation to certain types of products subject to certain technical regulations based on the list contained in Regulation (EU) 2019/1020;

- introducing, in accordance with European approaches, the requirement to develop a national market surveillance strategy;

- defining the powers of market surveillance authorities in case of detection of violations that may result in serious and irreparable damage to the end user due to non-compliance of products sold via the Internet or other means of electronic commerce;

- providing, in accordance with European practice, the possibility for associations of business entities or consumers to enter into agreements on joint activities with market surveillance authorities;

- introducing, in accordance with the practice of the market surveillance authorities of the EU Member States, the possibility of selecting free of charge samples of products subject to examination (testing) by non-destructive testing methods with the right to return such samples to the owner if no discrepancies are found. At the same time, market surveillance authorities are obliged to ensure proper storage and transportation of such samples.

Also, the draft Law, based on the results of enforcement of the legislation of Ukraine on state market surveillance, improves (regulates) the procedure for actions of market surveillance authorities during an inspection at the location of the market surveillance authority, in case of refusal of a business entity to receive a copy of the inspection report, and drawing up a protocol on the violation.