Manufacturer must notify market surveillance authorities in Ukraine on battery inverters for photovoltaic systems technical incidents
- Obligation to Notify Market Surveillance Authorities
Technical incidents involving battery inverters for photovoltaic systems – such as internal electrical malfunctions that lead to casing rupture, arcing, fire, or explosions – pose a serious danger to the lives and health of personnel at industrial solar power plants.
A direct statutory obligation exists in Ukraine for manufacturers (as well as authorised representatives of foreign manufacturers and importers) to immediately notify market surveillance authorities upon discovering that a product placed in the market poses a risk.
- Regulatory Documents and Specific Clauses
The obligation is strictly regulated by the following key legislative acts:
- Law of Ukraine "On General Safety of Non-Food Products" (No. 2736-VI):
- Article 10, Paragraph 1: If a manufacturer or distributor concludes that a product they placed in the market does not comply with general safety requirements, they must immediately (within 2 business days) notify the competent market surveillance authority.
- Implementation of Directive 2014/35/EU and Regulation (EU) 2019/1020 (the "EU Regulations")
Ukraine has fully harmonised and implemented the EU Regulations as part of its commitments under the EU-Ukraine Association Agreement:
Clause14. Manufacturers who consider, or have reason to believe, that electrical equipment they have placed in the market does not comply with the requirements of this Technical Regulation shall immediately take the corrective measures necessary to bring such electrical equipment into compliance with the requirements, withdraw it from the market and/or to recall it (as the case may be). Where such electrical equipment presents a risk, manufacturers shall immediately inform the relevant market surveillance authority and provide it with detailed information, in particular regarding the non-compliance of such electrical equipment with the requirements of this Technical Regulation and any corrective measures taken.
The key principles regarding operators' liabilities, information exchange, and corrective actions (such as product recalls) are aligned with Regulation (EU) 2019/1020 to facilitate the upcoming ACAA (the "Industrial Visa") Agreement between Ukraine and the EU. The provisions of Law No. 4839-IX corresponding to Article 4(3) of Regulation (EU) 2019/1020 shall enter into force on 2 May 2027.
"Article 8-1. Obligations of economic operators regarding products covered by certain technical regulations
- Without prejudice to the provisions regarding the obligations established for business entities in the applicable technical regulations, products covered by the technical regulations specified in paragraph five of this article may be placed in the market in Ukraine only if there is a business entity - a resident of Ukraine who is responsible for fulfilling the obligations regarding such products as specified in paragraph three of this article.
- For the purposes of this article, the economic operators referred to in paragraph one of this article are:
1) a manufacturer who is a resident of Ukraine;
2) an importer, if the manufacturer is not a resident of Ukraine;
3) an authorized representative holding a written power of attorney from the manufacturer appointing the authorized representative to perform the tasks specified in paragraph three of this article on behalf of the manufacturer;
4) an engaged service provider who is a resident of Ukraine with respect to the products for which it conducts business, if none of the business entities specified in subparagraphs 1–3 of this part is a resident of Ukraine.
- In addition to the obligations of economic operators established by the applicable technical regulations, the economic operator specified in Part 1 of this Article shall perform the following tasks: …
3) notify the market surveillance authorities, if there are grounds to believe that the products pose a risk;
4) cooperate with market surveillance authorities, in particular upon their justified request, to ensure that urgent and necessary corrective measures are taken to remedy nonconformity with established requirements or, if such remedy is impossible, to mitigate the risks posed by such products, at the request of market surveillance authorities or on its own initiative, if the economic operator referred to in paragraph 1 of this article considers or has reason to believe that such products pose a risk".
- Competent Authority in Ukraine
Battery and hybrid inverters fall under the scope of electrical equipment and electromagnetic compatibility regulations. The competent state market surveillance authority in Ukraine is:
Note: If the incident involves direct industrial casualties or breaches of high-hazard industrial equipment rules, the State Service of Ukraine on Business and Labour (Derzhpratsi) acts as a parallel regulatory authority for occupational safety, but product-compliance reporting must be submitted to Derzhprodspozhyvsluzhba.
- Procedure, Specific Forms, and Platforms for Filing Reports
The reporting is strictly standardized by Ukrainian administrative law:
- Specific Form. The template is legally mandated. The Annex to the Resolution of the Cabinet of Ministers of Ukraine No. 1401 contains a standardized form Notification of Products that Do Not Comply with General Product Safety Requirements. It requires precise product identification (serial numbers/batches), a technical description of the arcing/explosion risk, and a mitigation plan.
- Submission Channel. The completed form, signed by the company's director through a Qualified Electronic Signature (QES/КЕП) can be emailed directly to the official e-address of the State Service of Ukraine for Food Safety and Consumer Protection info@dpss.gov.ua or sent via registered mail to the office address: 01001, Kyiv, Borisa Hrinchenka St, 1.
- Dedicated Platforms (Websites). The Ministry of Economy maintains a list of dangerous market non-food products on the "Uvaga" website which is the Ukrainian equivalent of the European Safety Gate. There is a dedicated section for business-led product recalls and hazard reporting.
For additional information, please contact Asters' Partner Yaroslav Petrov and Senior Associate Tetiana Piskun
