LAW OF UKRAINE

of December 2, 2010 No. 2735-VI

About the state market supervision and control of non-food products

This Law establishes the legal and organizational principles of implementation of the state market supervision and control of non-food products.

Section I. General provisions

Article 1. Determination of terms

1. In this Law terms are used in the following value:

the established requirements - requirements of rather non-food products (further - products) and its market circulations of Ukraine established by technical regulations;

the state control of products - activities of customs authorities for ensuring compliance of products which are imported on customs area of Ukraine for free circulation, to the established requirements, and also ensuring lack of threats from such products to public concerns (further - control of products);

the paragraph the fourth is excluded;

unseemly application of mark of conformity to technical regulations abuse of regulations of application and the drawing mark of conformity to technical regulations established by the legislation;

inspection of product samples - visual survey of product samples for the purpose of determination of its compliance to the established requirements;

body of the state market supervision - the central executive body which realizes state policy in the sphere of the state market supervision within the sphere of the responsibility the state collegiate organ which is determined according to this Law (further - body of market supervision).

If the body of market supervision performs the powers determined by this Law and the Law of Ukraine "About general safety of non-food products" also through the territorial authorities, the term "body of market supervision" means also its territorial authorities;

the state market supervision (further - market supervision) activities of bodies of market supervision for the purpose of ensuring compliance of products to the established requirements, and also ensuring lack of threats to public concerns;

the sphere of responsibility of body of market supervision - the list of types of products approved according to this Law the Cabinet of Ministers of Ukraine concerning which the relevant organ of market supervision exercises market supervision.

2. The terms "free circulation", "customs applicant", "customs control zone", "customs clearance", "customs control", "customs regime", "customs authorities" are used in the values given in the Customs code of Ukraine; the terms "service", "work", "consumer" - in the values given in the Law of Ukraine "About consumer protection"; the terms "input in turnover", "test laboratory", "document on compliance", "mark of conformity to technical regulations", "importer", "provision in the market", "conformity assessment body", "products", "assessment procedure of compliance", "risk", "distribution", "distributor", "subjects of managing", "technical regulation", "authorized representative" - in the values given in the Law of Ukraine "About technical regulations and assessment of conformity"; the terms "retirement", "producer", "response", "safety of products", "user", "products supply chain", "dangerous non-food products", "serious risk", "risk degree", "public concerns" - in the values given in the Law of Ukraine "About general safety of non-food products".

Article 2. Coverage of this Law

1. Operation of this Law extends to the relations relatively:

implementation of market supervision of products which are covered by the established requirements, except the types of products noted in part five of this Article;

control of all products, except the types of products noted in part five of this Article.

2. If technical regulations establish the special requirements for implementation of market supervision of rather specific types of products directed to achievement of the same purposes, as provision of this Law, provision of this Law are applied only to those aspects of market supervision which are not covered by such special requirements. If the laws of Ukraine and regulatory legal acts published according to them establish special requirements concerning control of products, provision of this Law, are applied only to those aspects of control of products which are not covered by noted special requirements.

3. Provisions of this Law of rather market supervision are applied to products which are mounted or made by the producer for own requirements, only when action of technical regulations, extends to such products.

4. Application of provisions of this Law does not interfere with bodies of market supervision to take the measures provided by the Law of Ukraine "About general safety of non-food products".

5. Operation of this Law does not extend to the relations connected with implementation of supervision and control of such products:

1) services and works;

2) foodstuff, nutritional supplements, fragrances, dietary additives and auxiliary materials, for conversion of foodstuff;

3) animal products;

4) stern, feed additives and premixes;

5) live plants and animals;

6) products of human, vegetable and animal origin which are directly used as the reproductive material intended for reproduction;

7) alcohol, alcoholic beverages and tobacco products;

8) medicines and veterinary medicines;

9) drugs, psychotropic substances, their analogs and precursors;

10) the nuclear installations, objects intended for the treatment of radioactive waste, nuclear materials, radioactive waste, other sources of ionizing radiation;

11) military products;

12) the construction objects determined by the Law of Ukraine "On regulation of town-planning activities";

13) objects of aviation activities.

14) precious metals, gemstones, gemstones of organogenic education and semiprecious stones, products from them (jewelry and household) and the materials containing them.

6. Activities in the sphere of supervision and control of products noted in part five of this Article are performed according to the legislation.

Article 3. Legislation of Ukraine on market supervision and control of products

1. The legislation of Ukraine on the state market supervision and control of products consists of this Law, the Law of Ukraine "About general safety of non-food products", other regulatory legal acts which govern the relations in this sphere, including technical regulations.

Article 4. Purpose of market supervision and control of products

1. The purpose of implementation of market supervision is acceptance of the rationing (adjusting) arrangements with the corresponding informing on it the public concerning products which in case of its proper use or under reasonable and predictable conditions and in case of proper installation and maintenance constitute threat to public concerns or which in a different way do not meet the established requirements.

2. The purpose of control of products is ensuring compliance of products which are imported on customs area of Ukraine, to the established requirements until its release into free circulation on customs area of Ukraine and non-admission of import to customs area of Ukraine of products constituting serious risk to public concerns.

Article 5. Basic principles of market supervision and control of products

1. The basic principles of market supervision and control of products are:

1) proportionality of measures of market supervision which are taken by bodies of market supervision, to the level of threat to public concerns;

2) objectivity, objectiveness and competence of bodies of market supervision and customs authorities, when implementing market supervision and control of products;

3) transparency of implementation of market supervision and control of products, availability and openness of information, in this sphere;

4) co-ordination of actions of bodies of market supervision and customs authorities and interaction between them;

5) inadmissibility of combination in one body of powers of body of market supervision and conformity assessment body;

6) inadmissibility of duplication by state bodies of functions and spheres of responsibility concerning implementation of supervision and control of products;

7) observance of the rights and protection of interests of subjects of housekeeping, consumers (users), during implementation of market supervision and control of products;

8) assistance of transparency of the market and understanding by subjects of housekeeping of the responsibility to consumers (users) and partners;

9) inadmissibility of discrimination of subjects of housekeeping and prevention of unfair competition;

10) equality of actions of market supervision and control of products irrespective of products country of source;

11) planned character and systemacity of actions of market supervision and control of products, their continuous improvement on the basis of regular assessment and the analysis;

12) availability of the legal causes determined by this Law and other regulatory legal acts published according to it for taking measures of market supervision and control of products;

13) prevention of emergence of conflict of interest when conducting examination (testing) of product samples during implementation of market supervision and control of products;

14) ensuring cooperation between subjects of housekeeping and bodies of market supervision and customs authorities;

15) assistance to implementation by subjects of housekeeping of initiative and independent control of compliance of products to the established requirements and the general requirement concerning safety of products, in particular by implementation of monitoring of the safety introduced into the product circulation by them;

16) ensuring protection of the confidential information obtained during implementation of market supervision and control of products;

17) effectiveness and proportionality of responsibility of subjects of housekeeping for violation of requirements of this Law, Law of Ukraine "About general safety of non-food products" and other established requirements, its orientation on the prevention of making by subjects of housekeeping of violations, and also possibility of strengthening of sanctions, in case of repeated making by the subject of housekeeping of the same violation;

18) responsibility of bodies of market supervision, customs authorities, and their officials who perform market supervision and control of products, for damage caused to subjects of housekeeping as a result of disproportionate and illegal application of measures of market supervision and control of products.

Article 6. Confidentiality of information

1. Bodies of market supervision and their officials provide personal data protection and information which according to the law of Ukraine is the commercial or protected by the law other Ukraine secret, to which these bodies and officials have access in connection with implementation of the powers. Such data and information are not subject to disclosure without the permission of persons or bodies which presented them if another not determined by it or other laws of Ukraine, or use by officials of bodies of market supervision for the personal purposes.

2. For the purposes of this Law any data are not considered as personal data or trade secret of subjects of housekeeping:

1) which give the chance to identify the corresponding products and persons who are her producers, importers and distributors;

2) about properties of safety of products, including data on nature of the risks connected with the use of the corresponding products (use of it), and measures which consumers (users) need to accept for prevention of such risks;

3) about the measures taken including subjects of housekeeping on own initiative, for the purpose of prevention of risks, components products, nature and duration of such actions;

4) which contain in the declaration of conformity of products;

5) which cannot be carried to information with limited access;

6) which according to the legislation are not personal data.

3. Ensuring personal data protection, the commercial and protected by the law of other Ukraine mystery of subjects of housekeeping cannot interfere with bodies of market supervision in receipt of information necessary for implementation of market supervision, and exchange of it among themselves, with customs authorities and other public authorities. Customs authorities and other state bodies shall provide personal data protection, the commercial and protected by the law other Ukraine of the mystery of subjects of housekeeping concerning information obtained from bodies of market supervision.

4. Provisions of this Article extend also to the data containing in system of the operational mutual notice on products which constitutes serious risk, and national information system of market supervision.

5. By regulatory legal acts (including technical regulations) additional requirements to ensuring confidentiality of information obtained in connection with implementation of market supervision can be established.

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