In compliance with the requirements of Article 9 of the Law of Ukraine “On the Principles of State Regulatory Policy in the Field of Economic Activity”, the Ministry of Internal Affairs of Ukraine informs about the publication on its official website (mvs.gov.ua, heading “Ministry”, subheading “Normative base of the Ministry of Internal Affairs”, subheading “Draft regulations”) draft resolution of the Cabinet of Ministers of Ukraine “On Approval of the Technical Regulation of Pyrotechnic Products”.
The Draft Resolution of the Cabinet of Ministers of Ukraine “On Approval of the Technical Regulation of Pyrotechnic Products” was developed by the Ministry of Internal Affairs of Ukraine in accordance with the Plan for the Development of Technical Regulations for 2018-2019, approved by the Order of the Ministry of Economic Development and Trade of Ukraine dated 15.02.2018 № 196.
The purpose of the adoption of this resolution is to adapt the regulations of Ukraine on the safety of pyrotechnic products to the requirements of the normative acts of the EU Member States.
Comments and proposals for the project can be submitted to the Ministry of Internal Affairs of Ukraine:
Str. Bogomoltsya, 10, m. Kiev, 01024;
or to the address of the State Regulatory Service of Ukraine:
Str. Arsenalnaya, 9/11, m. Kyiv, 01011
EXPLANATORY NOTE to the Draft Resolution of the Cabinet of
Ministers of Ukraine “On Approval of the Technical Regulation of Pyrotechnic Products”
Objective: adaptation of the normative legal acts of Ukraine on the safety of pyrotechnic products to the requirements of the normative legal acts of the EU member states.
1. The basis for the development of the draft act
The draft resolution of the Cabinet of Ministers of Ukraine “On Approval of the Technical Regulation of Pyrotechnic Products” (hereinafter — the draft resolution) was developed by the Ministry of Internal Affairs of Ukraine in implementation of the Plan for the Development of Technical Regulations for 2018—2019, approved by the Order of the Ministry of Economic Development and Trade of Ukraine dated 15.02.2018 № 196.
2. Justification of the need to adopt the act
In accordance with the provisions of Article 56 of the Association Agreement between Ukraine, of the one Party, and the European Union, the European Atomic Energy Community and their Member States, of the other Party (hereinafter referred to as the Association Agreement), Ukraine has an obligation to implement the provisions of EU legislation into national law.
Currently, the Technical Regulation of Pyrotechnic Products, approved by the Resolution of the Cabinet of Ministers of Ukraine of August 03, 2011 No. 839, which is developed on the basis of the provisions of Directive 2007/23/EC of the European Parliament and of the Council of the EU of May 23, 2007 on the release to the market of pyrotechnic products, is in force.
On 12 June 2013, the European Commission adopted Directive 2013/29/EC of the European Parliament and of the Council on the harmonisation of the laws of the Member States relating to the marketing of pyrotechnic articles, which repeals Directive 2007/23/EC with effect from 01.07.2015.
Thus, there was a problem of non-compliance of the Technical Regulation of pyrotechnic products with EU legislation.
3. The essence of the draft act
4. Legal Aspects
The main regulatory acts in the field of technical regulation are: the Law of Ukraine “On Technical Regulations and Conformity Assessment”, the Law of Ukraine “On the Principles of State Regulatory Policy in the Field of Economic Activity” and the Resolution of the Cabinet of Ministers of Ukraine dated June 18, 2012 No. 708 “On Approval of the Rules for the Development of Draft Technical Regulations Approved by the Cabinet of Ministers of Ukraine on the basis of the legislative acts of the European Union”, dated December 16, 2015 № 1057 “On the definition of spheres of activity in which the central executive bodies authorities carry out the functions of technical regulation”, dated December 30, 2015 No. 1184 “On approval of the form, description of the mark of conformity to technical regulations, rules and conditions for its application” and of January 13, 2016 No. 95 “On approval of conformity assessment modules used to develop conformity assessment procedures, and rules for the use of assessment modules compliance.”
5. Financial and economic justification
The implementation of the draft resolution does not imply additional financial costs from the State Budget of Ukraine.
6. Impact forecast
The implementation of the draft resolution will allow to establish unambiguous, transparent requirements in the field of production and distribution of pyrotechnic products, which will allow the state to fulfill its international obligations under the Association Agreement, to harmonize as much as possible the legislation of Ukraine with the relevant norms of the EU Directive 2013/29/EU, to eliminate legal, administrative strategic, technical barriers to trade, raise standards for quality and safety of pyrotechnic products, create prerequisites for increasing trade turnover with EU countries, improve the investment climate of Ukraine.
7. Position of interested parties
The draft resolution does not concern the social and labor sphere.
The implementation of the draft resolution does not imply an impact on the labor market.
The draft resolution does not address issues of functioning of local self-government, rights and interests of territorial communities, local and regional development.
The draft resolution does not concern the sphere of scientific and scientific and technical activities.
8. Public discussion
In order to ensure the study and consideration of public opinion, the draft resolution will be published on the official website of the Ministry of Internal Affairs.
9. Position of the bodies concerned
The draft resolution requires coordination with the Ministry of Finance of Ukraine, the Ministry of Economic Development and Trade of Ukraine, the Ministry of Infrastructure of Ukraine, the State Emergency Service of Ukraine and the State Regulatory Service of Ukraine.
10. Legal Expertise
The draft resolution requires a legal examination by the Ministry of Justice of Ukraine.
11. Preventing Discrimination
The draft resolution does not contain any provisions containing signs of discrimination.
12. Preventing Corruption
The draft resolution does not contain rules and procedures that have risks of committing corruption offenses. Public anti-corruption examination of the draft resolution was not carried out.
I'm 13. Results forecast
The adoption of the draft act will ensure that the provisions of national legislation are brought into line with the norms of European Union legislation in terms of technical regulation in relation to pyrotechnic articles, which will ensure:
a uniform policy on the exercise of state supervision and control in relation to pyrotechnic articles;
observance of uniform rules, norms and standards by all subjects of relations in relation to pyrotechnic articles;
reducing the harmful effects of used pyrotechnic products on human health and the environment.
Will contribute to:
simplification of product access to the market;
increasing the competitiveness of domestic products and preventing unfair competition;
Elimination of technical barriers to trade.
|
Minister of Internal Affairs of Ukraine |
Arsen Avakov |
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____ ____________ 2018 |
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