Law of Ukraine

"On Metrology and Metrological Activity"

Date of entry into force:
January 1, 2016

The Law regulates relations arising in the process of metrological activity.

Article 1 of the Law provides definitions of terms used in it. For example, metrology is a science of measurement and application of measurements, and metrological activity is activity related to ensuring measurement uniformity.

The sphere of statutory metrology consists activities determined by the Law that are subject to state regulation in respect of measurements, units of measurement, and measuring equipment, in order to ensure measurement uniformity and traceability (Article 3 of the Law). The sphere of statutory metrology includes the following activities:
  • ensuring protection of public life and health;
  • quality and safety control of food and medicinal products;
  • environmental control;
  • occupational safety control;
  • traffic safety and vehicle technical condition control;
  • topographic, geodesic, cartographic, hydrometeorological, and land surveying work;
  • trade and commercial operations and transactions between the buyer (consumer) and seller (supplier, manufacturer, performer), including during provision of transport, household, municipal, telecommunication, or postal services, and supply and/or consumption of energy and material resources (electricity, heat, gas, water, petroleum products, etc.);
  • calculation of taxes and fees, tax and customs control;
  • works related to determining parameters of buildings, structures, and development territories;
  • works to ensure technical protection of information according to the legislation;
  • works related to use of global satellite navigation systems equipment;
  • works carried out by instruction of prejudicial investigation authorities, prosecution bodies, and courts;
  • registration of national and international sports records.

According to Article 4 of the Law, the metrological system of Ukraine includes:
  • the national metrological service;
  • the normative legal base, including legislative acts, technical codes, and other normative legal acts that regulate relations in the sphere of metrology and metrological activity;
  • the national reference standards base and the system for measurement transfer;
  • the system for voluntary accreditation of calibration laboratories, and the system for accreditation of testing laboratories, and conformance assessment authorities, in cases determined by this Law and other Laws of Ukraine;
  • educational institutions, research facilities, organizations that distribute knowledge and experience in the sphere of metrology and metrological activity.

A unit of measurement is an established and agreed upon value to which any other value of the same nature can be compared in order to express a comparison of two values as a number (Article 5 of the Law). Ukraine uses units of measurement of the International System of Units (SI), adopted by the General Conference on Weights and Measures, and recommended by the International Organization of Legal Metrology, namely:
  • main SI units: 1) meter being a unit of length (designation: Ukrainian "", international "m"); 2) kilogram being a unit of mass (designation: Ukrainian "", international "kg"); 3) second being a unit of time (designation: Ukrainian "", international "s"); 4) ampere being a unit of electric current (designation: Ukrainian "A", international "A"); 5) kelvin being a unit of thermodynamic temperature (designation: Ukrainian "", international "K"); 6) mole being a unit of amount of substance (designation: Ukrainian "", international "mol"); 7) candela being a unit of luminous intensity (designation: Ukrainian "", international "cd");
  • derivative SI units;
  • decimal multiples and submultiples of SI units.
Ukraine also uses:
  • non-SI units permitted by the central executive authority that provides for creation of state policy in the sphere of metrology and metrological activity (hereinafter referred to as "permitted non-SI units");
  • combinations of SI units and permitted non-SI units.

Article 6 of the Law establishes that a national reference standard is a reference standard recognized by the central executive authority that implements state policy in the sphere of metrology and metrological activity as the basis for communicating unit values to other reference standards of the respective unit in the state. The national reference standard status is granted to:
  • primary reference standards (including state reference standards and reference standards owned by companies and organizations);
  • secondary reference standards (including state reference standards and reference standards owned by companies and organizations) with the highest metrological properties among the reference standards of the respective unit in the state.
The national reference standard status is granted by the central executive authority that implements state policy in the sphere of metrology and metrological activity, according to the criteria and procedures established by the Cabinet of Ministers of Ukraine.

Measurement is a process of experimental determination of one or several values that can be feasibly ascribed. The measurement results can be used in the sphere of statutory metrology, provided that respective measurement error or uncertainty values are known for such measurement. Mandatory measurement methods in the sphere of statutory metrology are determined in normative legal acts or in normative documents duly referenced by normative legal acts (Article 7 of the Law).

According to Article 9 of the Law, the national metrological service includes:
  • the central executive authority that provides for creation of state policy in the sphere of metrology and metrological activity (Article 10 of the Law);
  • the central executive authority that implements state policy in the sphere of metrology and metrological activity (Article 11 of the Law);
  • the central executive authority that implements state policy in the sphere of metrological supervision;
  • metrological research centers (Article 12 of the Law);
  • state companies which are included in the sphere of management of the central executive authority that implements state policy in the sphere of metrology and metrological activity, and carry out metrological activity in the Autonomous Republic of Crimea, regions, the cities of Kyiv and Sevastopol, and cities of regional importance (hereinafter referred to as "metrological centers");
  • the Time Synchronization and Standard Frequencies Service, the Substance and Material Standard and Properties Service, and the Service for Standard Reference Data on Physical Properties of Steel and Substance and Material Properties (Article 13 of the Law);
  • metrological services of central executive authorities, other state authorities, companies, and organizations (Article 14 of the Law);
  • bodies for conformity assessment of measuring equipment, and calibration laboratories.

Conformity assessment of statutory measuring equipment to requirements of technical regulations, including primary calibration and confirmation of measuring equipment type is carried out in cases provided for by relevant technical regulations. Conformity assessment of statutory measuring equipment to requirements of technical regulations is carried out by appointed conformity assessment bodies. The procedure for conformity assessment of statutory measuring equipment is established by technical regulations and other normative legal acts. Appointed conformity assessment bodies inform the metrological research center authorized by the central executive authority that implements state policy in the sphere of metrology and metrological activity to keep the approved measuring equipment type register, about measuring equipment type approval certificates issued by it. A measuring device type approval certificate is a document that confirms that the type of measuring device has been approved. The procedure of keeping the approved measuring equipment type register is established by a normative legal act of the central executive authority that provides for creation of state policy in the sphere of metrology and metrological activity. Technical regulations may establish requirements for appointed conformity assessment bodies to provide other information related to the conformity assessment of statutory measuring equipment conducted by them. Conformity assessment of measuring equipment not used in statutory metrology is carried out voluntarily (Article 16 of the Law).

According to Article 17 of the Law, statutory measuring equipment in operation is subject to regular calibration and post-repair calibration. Statutory measuring equipment is not subject to regular calibration and post-repair calibration if it is used by:
  • conformity assessment bodies (including testing and calibration laboratories) accredited by the Ukrainian national accreditation authority or national accreditation authorities of other states, for the activity such equipment was accredited for;
  • metrological research centers, metrological centers, and calibration laboratories that calibrate measuring equipment according to Article 27, part 2 of the Law, for measuring equipment used by them during calibration.
Business entities shall submit regulatory measuring equipment operated by them for regular calibration, on a timely basis and according to the established calibration intervals. Regular calibration, maintenance and repair (including disassembly, transport, and assembly) of measuring equipment owned by natural persons (where the measurement results are used to calculate payments for electricity, heat, gas, and water consumer for household purposes) is carried out at the expense of business entities that provide electricity, heat, gas, and water supply services. The responsibility for timely regular calibration, maintenance, and repairs (including disassembly, transport, and assembly) of measuring equipment owned by natural persons (where the measurement results are used to calculate payments for electricity, heat, gas, and water consumer for household purposes) is borne by the business entities that provide electricity, heat, gas, and water supply services. Regular calibration is carried out at the expense of tariffs for electricity, heat, gas, and water supply. Calibration of regulatory measuring equipment in operation is carried out by:
  • metrological research centers with internationally recognized calibration and measuring capacities for appropriate types and sub-types of measurements, and/or which use national reference standards;
  • metrological research centers, metrological centers, and calibration laboratories authorized to calibrate appropriate equipment.
Calibration of measuring equipment that is not used in statutory metrology and is in operation is carried out voluntarily.

The body that authorizes calibration of statutory measuring equipment in operation shall be the central executive authority that implements state policy in the sphere of metrology and metrological activity. To conduct such calibration, metrological research centers, metrological centers, and calibration laboratories must procure a certificate of authorization for calibration of statutory measuring equipment in operation, issued by the central executive authority that implements state policy in the sphere of metrology and metrological activity. Metrological auditors, attested according to the procedure established by a normative legal act of the central executive authority that provides for creation of state policy in the sphere of metrology and metrological activity, shall be involved in authorization works. Authorized organizations are included in the State Register of Metrological Research Centers, Metrological Centers, and Calibration Laboratories Authorized for Calibration of Statutory Metrological Equipment in Operation, maintained by the central executive authority that implements state policy in the sphere of metrology and metrological activity. The above register must be made available to the public in an electronic and/or other forms, and published on the official website of the central executive authority that implements state policy in the sphere of metrology and metrological activity, and be updated regularly (Article 18 of the Law).

The obligations of authorized organizations are determined by Article 19 of the Law.

Metrological supervision is activity carried out in the sphere of regulatory metrology in order to verify conformance of business entities to the requirements of the Law, technical regulations, and other normative legal acts in the sphere of metrology and metrological activity (Article 20 of the Law). The types of metrological supervision are:
  • state market supervision over conformance of regulatory measuring equipment to the requirements of technical regulations (Article 21 of the Law);
  • metrological supervision over regulatory measuring equipment in operation (Article 22 of the Law);
  • metrological supervision over the amount of packed goods in packaging (Article 23 of the Law).
Metrological supervision is carried out by the central executive authority that implements state policy in the sphere of metrological supervision.

Article 24 of the Law determines the scope of competence of the central executive authority that implements state policy in the sphere of metrological supervision.

The rights and obligations of state metrological supervision inspectors are established by Article 25 of the Law.

Measuring equipment used in and/or outside the sphere of regulatory metrology may be subject to voluntary calibration (Article 27 of the Law). Calibration of measuring equipment is carried out by:
  • metrological research centers;
  • metrological centers and calibration laboratories accredited by the Ukrainian national accreditation body;
  • metrological centers and calibration laboratories that use reference standards with documented traceability to national reference standards, reference standards of other states, or international reference standards of appropriate measurement units.

Article 28 of the Law regulates financing of the work of the national metrological service.

Results of conformance assessment, calibration and verification of measuring equipment conducted in other states are recognized subject to the availability of appropriate international agreements of Ukraine (Article 30 of the Law).

The Law presents new version of Articles 171, 171-1, and 171-2 of the Code on Administrative Offences of Ukraine, which established administrative liability for the violation of:
  • requirements for release of measuring equipment after repair and granting lease of measuring equipment;
  • conditions and rules for calibration of measuring equipment;
  • rules for operation of measuring equipment.

The Law supplements the Code on Administrative Offences of Ukraine with a new Article 188-44, which provides for administrative liability for failure to comply with lawful demands of officials of the central executive authority that implements state policy in the sphere of metrological supervision.

The Law also makes appropriate amendments to Article 1 of the Law of Ukraine "On Confirmation of Conformity", Article 2 of the Law of Ukraine "On the Permit System in the Field of Economic Activity", Article 26 of the Law of Ukraine "On Consumer Rights Protection", and paragraph 120 of the List of Licensing Documents in the Economic Sector adopted by the Law of Ukraine "On the List of Licensing Documents in the Economic Sector".
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