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Ukraine new Technical regulation on the ROHS mandatory on 22 Sep. 2017

The new Ukrainian Technical Regulation on the restriction of hazardous substances in electrical and electronic equipment enters into force on 22 September 2017. It is therefore important for all EEE manufacturers and importers to ensure that they are fully ready to comply with the new requirements imposed by the "Ukrainian RoHS". The revised Ukrainian RoHS was developed in line with the EU RoHS recast provisions subject to certain deviations.

Transitional period
Decree adopting the RoHS TR allows for a transitional period until 23 July 2019. Until this date, all EEE to which the “old” RoHS did not apply and to which the revised RoHS applies, may not be restricted from being placed on the Ukrainian market for a reason of non-compliance with the revised RoHS provisions. This does not apply to certain EEE, like medical devices and cables and spare parts intended for repair, reuse, updating of functionalities or upgrading of capacity of certain types of EEE.

Responsibilities of the manufacturer
Manufacturers are liable to ensure that all EEE they place on the Ukrainian market complies with the RoHS TR provisions. 
They are also required to keep records of all equipment that is not compliant with the RoHS TR and of all incidents of product recall. They are required to inform the distributors on all product recalls. Manufacturers must ensure that the equipment is properly marked (e.g. with the required traceability information). 

Responsibilities of the authorised representative
The manufacturer may appoint an authorised representative (AR). The AR must perform its obligations defined by a written authorisation issued by the manufacturer.  This authorisation must set out the following minimum obligations:

  • To keep the declaration of conformity as well as the accompanying technical documentation for at least ten years after the date the equipment in question was put into circulation (placed on the market);
  • To submit, upon request, to the market surveillance authority the information required to demonstrate conformity of the equipment with the provisions of the RoHS TR; and 
  • To cooperate with the market surveillance authority.

The importer’s obligations
Before placing EEE on the market, the importer must ensure that the manufacturer has performed the conformity assessment procedure, has provided the required technical documentation and placed the Ukrainian conformity mark on the equipment. 
The importer must mark EEE with its name, trade name or trademark and the contact postal address or, if this is not possible, to provide this information on the packaging or in the accompanying documentation. 
The importer must keep records of all EEE they place on the market and of all cases of product recalls.

Declaration of Conformity (DoC)
The declaration of conformity (DoC) must declare that compliance with clauses 9-11 of the RoHS TR has been proved. The DoC is to be drawn up in accordance with the form provided in Annex V to the RoHS TR. It must be updated whenever required. The Declaration of Conformity must be drafted in Ukrainian language or translated into Ukrainian if it is drawn up in another language. 
The wording of the RoHS TR does not explicitly provide that an EU DoC is acceptable or recognised.



Bureau Veritas CPS E&E can facilitate our clients to align with above updates. 
Please do not hesitate to contact us, if any inquiry.

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