11 December 2013
MEMORANDUM
of Understanding between the State Inspectorate of Ukraine on protection of rights of consumers and companies - importers and distributors of electricity in Ukraine - home appliances d To fight against counterfeit and contraband products in the consumer market of Ukraine
In the face of increasing competition, the consumer market of Ukraine misses substandard, counterfeit, contraband and counterfeit products. As a result, the state incurs losses, deteriorating business conditions, the consumer suffers from poor quality products.
Given the problems of the retail industry, related to the sale of individual informal importers of counterfeit and non-certified products
to protect the rights of consumers to counter the activities of such importers, leveling reputational risks for official importers, yaks supply only the official, certified and specially prepared for the Ukrainian market products
State Inspectorate of Ukraine on protection of consumer rights and the Company - importers and distributor of electricity in Ukraine - home appliances (hereinafter - Parties)
realizing the need to improve the legislative and regulatory framework for consumer protection and market surveillance in accordance with the requirements of the Agreement on Technical Barriers to Trade of the World Trade Organization and the European Union directives;
Desiring to develop cooperation on the basis of European and international principles;
given the importance of safety of life and health, and to protect the environment;
Guided by the economic interests of the state, manufacturers, distributors and importers;
with the aim of providing high quality products to the consumer market of Ukraine, reduction of shadow turnover of counterfeit, contraband and counterfeit products, the implementation of simultaneous, holistic and comprehensive control, creating a favorable investment environment and strengthening the export capacity
1. Parties agree to cooperate in the areas of:
creation of a legislative and regulatory framework in Ukraine, adapted to the requirements of European Union law and the requirements of the Agreement on Technical Barriers to Trade of the World Trade Organization;
greater responsibility for solving customer complaints;
introduction of regular exchange of information on identified violations of the current legislation in the field of consumer protection and market surveillance.
2. Specific form of implementation of measures for areas of cooperation will be carried out on the basis of the protocols signed by the Parties.
3. Each Party undertakes to treat all data and information provided under this MOU by the other Party as strictly confidential.
The Parties agree that prompt compliance obligations set out in this Memorandum, exchange and / or the provision of data, information, concepts, ideas, techniques between the parties may be appropriate and / or necessary.
In accordance with the agreements and conditions that may be established by the Parties to regulate the procedures for exchanging and / or providing the information specified in the declarative part, the Parties undertake to treat such information as confidential.
Each Party undertakes not to publish and disclose to third parties the information referred to in the preceding paragraphs, without the prior written consent of the other Party.
Obligations to ensure the above statement does not apply to those cases where the publication or disclosure by law or by this Memorandum.
4. Memorandum does not impose on the parties any legal, financial or other obligations, except as stated therein.
5. Memorandum is open to new participants by submitting to the State Inspectorate of Ukraine on protection of consumer rights be treated accordingly.
6. Disputes and conflicts concerning the application and interpretation of the provisions of this Memorandum shall be subject to negotiation between the Parties.
7. Memorandum does not relieve the parties from exercising the powers under applicable law.
Any Party may withdraw from participation in this MOU by written notification to the State Inspectorate and at least one other party. State Inspectorate may terminate this Agreement by written notice to the other Party. Effect of this Memorandum may be terminated with the consent of all parties in attend.
8. Memorandum shall enter into force on the date of its signing.
The signatories of the Memorandum:
State Inspectorate of Ukraine
Consumer Protection Nuts SM
From distributors in Ukraine
electro - household appliances
trading network "Foxtrot" Povroznik VV
trading network «Comfy» Verbilenko GV
EBA
From companies - importers
Bosch-Siemens
Delonghi
Indesit
Phillips
Samsung
Gorenje
In the face of increasing competition, the consumer market of Ukraine misses substandard, counterfeit, contraband and counterfeit products. As a result, the state incurs losses, deteriorating business conditions, the consumer suffers from poor quality products.
Given the problems of the retail industry, related to the sale of individual informal importers of counterfeit and non-certified products
to protect the rights of consumers to counter the activities of such importers, leveling reputational risks for official importers, yaks supply only the official, certified and specially prepared for the Ukrainian market products
State Inspectorate of Ukraine on protection of consumer rights and the Company - importers and distributor of electricity in Ukraine - home appliances (hereinafter - Parties)
realizing the need to improve the legislative and regulatory framework for consumer protection and market surveillance in accordance with the requirements of the Agreement on Technical Barriers to Trade of the World Trade Organization and the European Union directives;
Desiring to develop cooperation on the basis of European and international principles;
given the importance of safety of life and health, and to protect the environment;
Guided by the economic interests of the state, manufacturers, distributors and importers;
with the aim of providing high quality products to the consumer market of Ukraine, reduction of shadow turnover of counterfeit, contraband and counterfeit products, the implementation of simultaneous, holistic and comprehensive control, creating a favorable investment environment and strengthening the export capacity
1. Parties agree to cooperate in the areas of:
creation of a legislative and regulatory framework in Ukraine, adapted to the requirements of European Union law and the requirements of the Agreement on Technical Barriers to Trade of the World Trade Organization;
greater responsibility for solving customer complaints;
introduction of regular exchange of information on identified violations of the current legislation in the field of consumer protection and market surveillance.
2. Specific form of implementation of measures for areas of cooperation will be carried out on the basis of the protocols signed by the Parties.
3. Each Party undertakes to treat all data and information provided under this MOU by the other Party as strictly confidential.
The Parties agree that prompt compliance obligations set out in this Memorandum, exchange and / or the provision of data, information, concepts, ideas, techniques between the parties may be appropriate and / or necessary.
In accordance with the agreements and conditions that may be established by the Parties to regulate the procedures for exchanging and / or providing the information specified in the declarative part, the Parties undertake to treat such information as confidential.
Each Party undertakes not to publish and disclose to third parties the information referred to in the preceding paragraphs, without the prior written consent of the other Party.
Obligations to ensure the above statement does not apply to those cases where the publication or disclosure by law or by this Memorandum.
4. Memorandum does not impose on the parties any legal, financial or other obligations, except as stated therein.
5. Memorandum is open to new participants by submitting to the State Inspectorate of Ukraine on protection of consumer rights be treated accordingly.
6. Disputes and conflicts concerning the application and interpretation of the provisions of this Memorandum shall be subject to negotiation between the Parties.
7. Memorandum does not relieve the parties from exercising the powers under applicable law.
Any Party may withdraw from participation in this MOU by written notification to the State Inspectorate and at least one other party. State Inspectorate may terminate this Agreement by written notice to the other Party. Effect of this Memorandum may be terminated with the consent of all parties in attend.
8. Memorandum shall enter into force on the date of its signing.
The signatories of the Memorandum:
State Inspectorate of Ukraine
Consumer Protection Nuts SM
From distributors in Ukraine
electro - household appliances
trading network "Foxtrot" Povroznik VV
trading network «Comfy» Verbilenko GV
EBA
From companies - importers
Bosch-Siemens
Delonghi
Indesit
Phillips
Samsung
Gorenje