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CHANGES IN REGULATION OF CIRCULATION
OF CONSTRUCTION PRODUCTS IN MARKET
Asters, Kyiv, Ukraine,
Wed, Apr 6, 2021
On 22 March 2022, the Cabinet of Ministers of Ukraine approved Resolution No.347 "On Amendments to Resolution of the Cabinet of Ministers of Ukraine dated 20 December 2006 No. 1764" (hereinafter – the "Resolution") providing a number of amendments to the Technical Regulation for Construction Products, Buildings and Structures, including changing its name to the Technical Regulation for Construction Products (hereinafter - the "Technical Regulation").
According to the Resolution, construction products include any material, product or set that is manufactured and put into circulation for its intended use for a long time in a building or structure, the performance of which affects the performance of the building or structure, related to the basic requirements for them.
It is established that construction products that meet the requirements of the Technical Regulation are freely available on the market and used for their intended purpose in Ukraine.
The conformity of the construction product to the requirements of the Technical Regulation is evidenced by the mark of conformity to technical regulations.
At the same time, compliance of construction products with the requirements of the Technical Regulation is presumed in case of their compliance with the standards from the list of national standards or their parts.
For this purpose, before putting into circulation construction products a manufacturer shall:
- ensure conformity assessment according to one of the procedures provided by the Technical Regulation, taking into account conformity assessment modules approved by Resolution of the Cabinet of Ministers of Ukraine dated 13 January 2016 No.95 "On approval of conformity assessment modules used for the development of conformity assessment procedures and rules for the use of conformity assessment modules"
- draw up the declaration of conformity in accordance with the updated form defined in the Annex to the Technical Regulation
The Regulation also establishes special rules for the period of martial law, simplifying the import from EU countries and the introduction into circulation of construction products of manufacturers, in particular:
- until the cessation or abolition of martial law in Ukraine and within the next 90 calendar days, it is permitted to put into circulation and provide on the market construction products imported from EU member states, based on the declaration of performance of construction products issued by a foreign business entity in the original language (together with a copy of such declaration made in Ukrainian) confirming compliance of construction products with the requirements of Regulation (EU) 305/2011 of the European Parliament and of the Council dated 9 March 2011. The declaration of conformity, as well as the application of a mark of conformity to technical regulations, are not required
- until the cessation or abolition of martial law in Ukraine and within the next 90 calendar days, in case of impossibility to perform conformity assessment using the procedures specified in this Technical Regulation, the manufacturer subject to agreement with the Ministry for Communities and Territories Development of Ukraine may use other conformity assessment modules stipulated by Resolution of the Cabinet of Ministers of Ukraine dated 13 January 2016 No.95 "On approval of conformity assessment modules used for the development of conformity assessment procedures and rules for the use of conformity assessment modules".
The Resolution also determines that provision in the market of construction products, which were put into circulation before the date of entry into force of this Resolution, cannot be prohibited or restricted on the ground of non-conformity of such construction products with all or separate requirements of the Technical Regulation as amended by this Resolution.
For more information, please contact Asters` Counsel Anzhelika Livitska and Associate Victoria Kurus.