The Senate of the Oliy Majlis at its meeting on August 7 approved the law 'On Market Surveillance'. The document introduces unified rules for monitoring the safety of non-food products after they are placed on the market, defines the responsibility of manufacturers, importers and sellers, as well as the procedure for withdrawing and recalling dangerous products.
As Senator Erkin Gadoev noted, the current technical regulation system did not allow full coverage of all non-food products and assessment of their safety. Today, the object of control is not the product itself, but the entrepreneur. Instead of examining the goods on the shelf, inspectors go to the business representative with a check.
The main innovation of the law is the introduction of the international Market Surveillance principle. This means a transition from the pre-market model (checking before entering the market) to the post-market model (monitoring products already on sale). The speaker emphasized that the introduction of market surveillance does not mean additional control over business. On the contrary, the law should limit the powers of state bodies to prevent repeated inspections and unreasonable interference in the activities of entrepreneurs, and also consolidate which product groups each body is responsible for.
As noted during discussions in the Legislative Chamber in April, in the new system control is established not over the entrepreneur, but over the product. The focus of state bodies will be only on non-food products. The law does not apply to (exceptions listed below).
One of the key innovations is the emergence of the concept of 'economic operator' in legislation. It includes the manufacturer, importer and seller of the product. Thus, if an unsafe or non-compliant product is found on the market, liability is not limited to the retail outlet where it was sold. It can also be applied to the importer who brought the product to Uzbekistan or to the manufacturer.
As emphasized at the meeting, this approach should ensure responsibility along the entire supply chain — from production or import to sale to the final consumer. Market surveillance itself is defined as a set of measures carried out after the product is placed on the market to ensure its safety and prevent harm to human life and health, the interests of individuals and legal entities, the state and the environment.
Control will be based not on mass inspections and punishment of entrepreneurs, but on risk assessment, he said. Market surveillance authorities will be able to conduct test purchases, examinations and tests of goods, go to the site to study the causes of identified non-conformities, monitor and apply measures to products that do not meet mandatory requirements.
If a product poses a serious danger or does not meet established requirements, its release into circulation may be suspended. The law also provides for recall of the product, its withdrawal from the market, or restriction of its use and sale.
The law specifically defines the role of customs authorities. If, based on the results of customs control and the application of the risk management system, there are sufficient grounds to believe that the goods do not comply with mandatory requirements, customs may suspend their release into free circulation. After that, the relevant customs or market surveillance authority must examine the goods within three working days. If necessary, its specialists can go to the site, take samples and send them for examination or tests.
If violations are confirmed, the restrictions provided for by law may be applied to the product. During the discussion, senators raised the issue of preventing abuses in conducting test purchases.
First Deputy Director of the Agency for Technical Regulation Lazizbek Saidoriov said that such purchases should be carried out on the basis of established risk criteria. The process includes video recording, and if necessary, the participation of witnesses. As noted at the meeting, these mechanisms should reduce corruption risks during inspections.
At the same time, entrepreneurs will have the right to participate in market surveillance activities, familiarize themselves with relevant documents, record the actions of inspectors on audio and video, and also appeal their decisions and actions. Officials of control bodies, in turn, will be responsible for failure to fulfill or improper fulfillment of their duties, as well as for illegal actions or inaction.
Lazizbek Saidoriov also spoke about the formation of a digital list of dangerous products (black list), similar to the European Safety Gate system. The law also provides for the creation of a national information system for market surveillance.
As reported at the meeting, it is planned to collect information on control activities carried out, identified violations, decisions made and results of complaints. A draft resolution of the government has already been prepared to launch the system.
During the discussion, the creation of an electronic database of dangerous products, similar to foreign rapid alert systems, was also discussed. It should allow state bodies and consumers to receive information about goods recognized as dangerous or recalled from the market.
The operation of market surveillance mechanisms will also apply to goods sold remotely, including through e-commerce. Senators also clarified the procedure for compensating buyers for damage in case of product recall.
Deputy Chairman of the Committee on Competition Development and Consumer Protection said that current consumer protection legislation provides for full compensation by the manufacturer for damage related to product recall. If specific consumers cannot be identified, the procedure for subsequent disposal of relevant funds is determined by current legislation.
One of the arguments in favor of the new law is Uzbekistan's preparation for WTO accession. As noted in the report, a modern market surveillance system is necessary to eliminate technical barriers to trade and increase the competitiveness of local products. The new rules are expected to protect honest manufacturers and importers from competitors selling counterfeit and low-quality goods.
At a meeting with the president in February, it was noted that the current practice of checking enterprises when assessing goods causes complaints from business. When violations are detected, inspectors often block the activities of the entire enterprise, not just the circulation of a specific batch of goods. Developed countries use a market surveillance system based on risk analysis. The manufacturer itself declares the conformity of the goods to standards and bears full responsibility for their quality and safety.
Some entrepreneurs supported the transition to market surveillance in certification and product assessment. Founder of the Korzinka supermarket chain and Chairman of the Trade and Services Association Zafar Khoshimov compared the planned reform in importance to the opening of currency convertibility. According to him, this is the foundation for industrial modernization and a step towards a real market economy.
Source: www.gazeta.uz