Simplification of requirements for conformity assessment of construction products

The Cabinet of Ministers of Ukraine (the “CMU”) on 22 March 2022 by the Resolution No. 347 amended the Technical Regulations for Construction Products, previously known as the Technical Regulations for Construction Products, Buildings, and Structures (the “Technical Regulation”).

The CMU Resolution No. 347 introduces numerous amendments including improving the conceptual apparatus of the Technical Regulations, removing obsolete provisions for buildings and structures, etc.

The amended version of the Technical Regulation allows placing on the market construction products that have an insignificant impact on human health and safety without a declaration of conformity. The list of such products is compiled and regularly updated by the Ministry of Communities and Territories Development of Ukraine (the “Ministry of Regional Development”).

However, the provisions added in connection with the introduction of the martial law on the territory of Ukraine deserve special attention.

Firstly, the Technical Regulation allows the entry of construction products from EU member states into circulation without a declaration of conformity and without affixing a mark of conformity to technical regulation until the suspension or abolition of the martial law in Ukraine and for the next 90 calendar days.

Such products shall be entered into circulation on the basis of a declaration of compliance with the requirements of Regulation (EC) No. 305/2011 of 9 March 2011 issued by a foreign economic operator. The relevant declaration must be submitted in its original language together with a copy of such declaration in the state language.

Secondly, when the procedures to assess the conformity of products provided by the Technical Regulation are not available, manufacturers are allowed, with the consent of the Ministry of Regional Development, to apply other procedures until the suspension or abolition of the martial law in Ukraine and for the next 90 calendar days. Such alternative modules of conformity assessment must be provided by the CMU Resolution No. 95 of 13 January 2016.