Document from CIS Legislation database © 2003-2020 SojuzPravoInform LLC

RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of June 18, 2012 No. 708

About approval of Rules of project development of the technical regulations approved by the Cabinet of Ministers of Ukraine based on acts of the European Union law

(as amended on 28-12-2016)

Cabinet of Ministers of Ukraine decides:

1. Approve Rules of project development of the technical regulations approved by the Cabinet of Ministers of Ukraine based on acts of the European Union law which affirm the Cabinet of Ministers of Ukraine.

1-1. Determine that in case of development on the basis of acts of the European Union law of drafts of resolutions of the Cabinet of Ministers of Ukraine of approval of assessment procedures of compliance which application is provided by technical regulations and also modules of assessment of conformity which are used for development of assessment procedures of compliance, and rules of use of the specified modules the requirements determined by Items 1, of 2, of 4, of 6 - 14 Rules approved by this resolution are applied.

2. Make changes which are applied to resolutions of the Cabinet of Ministers of Ukraine.

3. This resolution becomes effective in 30 days from the date of publication.

Prime Minister of Ukraine

N. Azarov

Approved by the Resolution of the Cabinet of Ministers of Ukraine of June 18, 2012 No. 708

Rules of project development of the technical regulations approved by the Cabinet of Ministers of Ukraine based on acts of the European Union law

1. These rules determine features of project development of the technical regulations approved by the Cabinet of Ministers of Ukraine (further - the technical regulation), on the basis of acts of the European Union law.

2. In these Rules the term "act of the European Union law" (further - the act of the legislation of the EU) means any act of the legislation which belongs to sources acquis communautaire, including the directive, the regulations or the decision.

Other terms are used in the value given in the Laws of Ukraine "About technical regulations and assessment of conformity" and "About standardization".

3. Drafts of technical regulations affirm resolutions of the Cabinet of Ministers of Ukraine (further - the resolution).

4. Drafts of resolutions are developed according to the Rules of preparation of drafts of acts of the Cabinet of Ministers of Ukraine approved by the resolution of the Cabinet of Ministers of Ukraine of September 6, 2005 No. 870 (The Official Bulletin of Ukraine, 2005, No. 36, the Art. 2200), taking into account the features established by these Rules.

5. The deciding part of the draft of the resolution joins Items:

concerning approval of the corresponding technical regulation, and in case of need also the actions plan on its implementation;

which contain other normative provisions (in case of need). Including the temporary standards determining features of transition period of application of the technical regulation (separate regulations) can be given;

Concerning introduction of amendments to acts of the Cabinet of Ministers or their recognition (separate regulations) voided (in case of need);

which contain the order to the central executive body to provide implementation of the technical regulation. Other orders are in case of need provided to the central executive bodies;

which concern determination of date of the introduction in operation of the resolution.

6. The draft of the technical regulation is developed on the basis of the act of the legislation of EC (further - the basic act of the legislation of the EU) taking into account all changes to this act which took effect or will become effective no later than the date of entry into force of the resolution which such technical regulation affirms.

Project development of the technical regulation on the basis of the act of the legislation of the EU which was repealed is not allowed or date of cancellation of which was determined by other act of the legislation of the EU.

7. In the first Item of the draft of the technical regulation:

the circle of questions which are subject of legal regulation is determined;

the complete name of the basic act of the legislation of the EU is specified. For example: "This Technical regulation is developed on the basis of the Directive 2009/48/EU of the European Parliament and Council of June 18, 2009 about safety of toys.".

8. Content, form and structure of the draft of the technical regulation shall answer most fully and precisely content, form and structure of the basic act of the legislation of the EU taking into account possibility of settlement of the specific public relations with regulations of acts of the legislation of Ukraine.

9. Normative provisions of the basic act of the legislation of the EU which determine obligations and the rights of EU member states, powers and procedure for activities of bodies of the EU and bodies of EU member states in the draft of the technical regulation are replaced with normative provisions, similar on content, which are approved with the established powers and procedure for activities of the relevant state bodies of Ukraine.

10. The draft of the technical regulation does not join such provisions of the basic act of the legislation of the EU:

preamble;

provisions which concern introduction of amendments to acts of the legislation of the EU or their cancellation;

transitional provisions;

provisions which concern transferring of regulations of the basic act of the legislation of the EU to the legislation of EU member states;

provisions which concern the introduction in operation of the basic act of the legislation of the EU.

Content of preamble of the basic act of the legislation of the EU can be considered for statement of separate regulations of the draft of the technical regulation, and content of transitional provisions of the specified act - for statement of the regulations determining features of transition period of application of the technical regulation (separate regulations) in the deciding part of the draft of the resolution.

11. Inclusion in the draft of the technical regulation of regulations which do not reproduce is not allowed or do not replace regulation of the basic act of the legislation of the EU according to requirements, the established data with Rules, except as specified, provided by the law or these rules.

12. Drafts of technical regulations are developed with observance of such requirements:

1) concerning terminology:

All terms which are established in the basic act of the legislation of the EU, except those which are not used in the draft of the technical regulation are determined if other is not provided by these rules. If the term which determination contains in the basic act of the legislation of the EU is also determined in the law or the act of the President of Ukraine, in the draft of the technical regulation of the reference to such law or the act does not become;

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.