On the way to industrial visa-free regime: Ukraine adapts market surveillance of products to European requirements
At its meeting on January 17, 2025, the Cabinet of Ministers approved draft amendments to the legislation on market surveillance. The main purpose of these changes is to implement European safety and consumer protection standards in Ukraine. The decision will ensure fair competition in the market by harmonizing Ukrainian legislation with the EU regulations. The adoption of this draft law is also an important step towards the introduction of an "industrial visa-free regime" with the EU, which will open up new opportunities for Ukrainian producers in European markets.
As explained by Deputy Minister of Economy Tetiana Berezhna, after signing the Association Agreement with the European Union and in preparation for the conclusion of the Industrial Visa Waiver Agreement (IVAA), Ukraine has adapted a significant part of its legislation to European requirements. However, due to the globalization of the market, the complexity of supply chains and the rapid growth of online sales, the EU continues to improve its regulatory framework for consumer safety. Now Ukraine is supporting this process by harmonizing its legislation with the updated EU standards.
"We are bringing Ukraine closer to the European standards of quality control of non-food products. The proposed changes strengthen the control over the safety of goods sold in Ukraine, including online trade and imports. A new approach to market surveillance and closer cooperation with the EU will limit unfair competition and support responsible businesses that care about quality. Most importantly, Ukrainians will be protected from dangerous goods. In the future, these changes will help open EU markets for Ukrainian goods through mutual recognition of standards, which is an important step towards Ukraine's European integration," said Tetyana Berezhna.
The draft law proposes the following changes:
1. Extension of state market surveillance to online trading. Products sold via the Internet and other forms of distance selling will also be under state market supervision. This will create a level playing field for online and offline stores, increasing the competitiveness and safety of goods for consumers.
2. Strengthening consumer protection. Thanks to European standards, the state will be able to more effectively ensure that non-food products on the market meet the established requirements. The draft law establishes requirements for providers of fulfillment services (warehousing, packaging, sending goods to the consumer, in this case, marketplaces) and the information society, which will ensure the ability to respond to requests and take measures to protect consumers.
3. Requirement of authorized representatives. For certain categories of products, such as electrical equipment, personal protective equipment, and toys, the manufacturer or importer must have an authorized representative in Ukraine. This will allow for a faster response to the risks associated with potentially dangerous goods.
4. Changing the approach to import control. The draft law provides for clear algorithms of interaction between customs and market surveillance authorities. This will speed up the inspection process and reduce potential risks. Information will be exchanged between the information systems of market surveillance and customs through the Single Window mechanism. Products will not be detained at the customs post if laboratory tests are required to confirm their safety. This will reduce the time and costs for importers.
5. Working together for effective market surveillance. Expanded opportunities for cooperation between market surveillance authorities, business associations, consumers, and customs will allow for faster and more effective response to challenges and maintain a reliable market for Ukrainians. For example, business associations can sign memorandums with state supervisory authorities, initiate and participate in inspections. They can also organize joint trainings and seminars for businesses with the authorities, etc.
6. National strategy for market surveillance. To improve product safety on the market, the state policy in the field of market surveillance will be formed on the basis of the National Strategy. It will be reviewed every four years. This will provide a clear understanding of future requirements for business.