One step closer to the European market for Ukrainian manufacturers with the preparations on an Agreement on Conformity Assessment and Acceptance of Industrial Products (ACAA)

On 21 July, the final expert mission to examine the functioning of Ukraine’s National Quality Infrastructure by European experts took place. The mission is part of a comprehensive analysis of Ukraine’s legal and institutional compliance in the field of product safety, product certification and market surveillance for industrial products. The ultimate goal of the checks is the conclusion of the Agreement on Conformity Assessment and Acceptance of Industrial Products (ACAA) between the EU and Ukraine, in Ukraine often labelled as “industrial visa-free regime”.

In a first round, ACAA would comprise three product sectors – products falling in the scope of the machinery, low voltage or electro-magnetic compatibility legislation, with the possibility to extend to further sectors at a later stage. All three product groups will play a significant role in Ukraine’s recovery and reconstruction.

The entire process of ACAA features in the Priority Action Plan for enhanced implementation of the DCFTA for 2023-2024 which constitutes the roadmap outlining the next steps to ease Ukraine’s access to EU’s Internal Market.

With an ACAA in place, Ukrainian exporters of selected industrial products will be able to place their products on the EU’s Single Market with compliant Ukrainian testing and certification. ACAA will further facilitate trade with the EU in selected industrial goods such as machinery and electronic products and open business opportunities for Ukrainian manufacturers on the EU market but also beyond.

During the eight missions since October 2020, experts from Member States have analysed over 100 Ukrainian legal acts and their implementation by more than 60 Ukrainian authorities and private testing facilities and labs. The findings show progress on the convergence of Ukraine’s legislation on national quality infrastructure and industrial product legislation with the underlying EU provisions. Whereas, the identified shortcomings will be tackled with the EU support through the ongoing EU Twinning project on national quality infrastructure.

To emphasise, this extensive exercise took place during Russia’s full-fledge war against Ukraine, which demonstrates the commitment of Ukrainian stakeholders to bring their country closer to the EU.

Based on the outstanding expert recommendations of all missions the EU side will come up with a comprehensive assessment report. This will be the basis for the next steps in the process leading to the negotiation of an ACAA between the EU and Ukraine.

Background information:

The EU- Ukraine Association Agreement provides for the possibility to conclude an Agreement on Conformity Assessment of Industrial Products (ACAA) for selected product groups (low-voltage equipment, electromagnetic compatibility and machinery). An ACAA is a special form of mutual recognition agreement, which includes the full harmonisation of Ukraine’s relevant legislation with the legislation and procedures of the EU. In October 2020, independent experts started looking into Ukrainian legislation to assess the level of convergence with relevant EU provisions. Over 100 legal acts regulating National Quality Infrastructure, and industrial products under the selected product groups were analysed. This first phase of the pre-assessment consists of a comprehensive and detailed gap analysis showing convergence and existing shortcomings of the relevant Ukrainian legislation and regulatory framework. The concluding report provides recommendations on what is needed to ensure full legal transposition and sufficient legislative and regulatory capacity for effective implementation and enforcement of chapter 3 of the EU – Ukraine Association Agreement.

The second pre-assessment phase looked into the implementation of the relevant Ukrainian legislation, e.g. how Ukraine organises conformity assessment of products, before they are put on the market. This phase included seven expert missions including on standardisation, metrology, accreditation and conformity assessment, market surveillance and the state of play in the three selected product sectors. Once the identified shortcomings are eliminated, official negotiations for an ACAA can start. The whole process towards an ACAA will lead to safer goods for both EU and Ukrainian consumers. The reform of the Ukrainian National Quality Infrastructure is supported bythe ongoing EU Twinning project on National Quality Infrastructure with a budget of EUR 1,2 Mil.