The legal regulation of the turnover of construction products in Ukraine is based on a system of interrelated regulatory acts that establish requirements for its quality, safety, and conformity assessment procedures.
The central document is the Law of Ukraine «On Making Construction Products Available on the Market,» which defines the legal and organizational frameworks for making construction products available on the market, the obligations of business entities, and the mechanisms of state supervision.
An important by-law is the Resolution of the Cabinet of Ministers of Ukraine No. 1458 of December 23, 2021, «Some Issues of Making Construction Products Available on the Market,» which approved the form of the declaration of performance, the instructions for its completion, and the procedure for submission through the Unified State Electronic System in the Field of Construction (USESFC). This specific document details the technical aspect of implementing the requirements of the Law—it defines the structure of the declaration, the list of mandatory requisites, and the sequence of actions for the manufacturer.
In parallel with these regulatory legal acts, the Technical Regulation of Construction Products, Buildings and Structures, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1764 of December 20, 2006, is in effect, which defines the basic requirements for the safety, reliability and energy efficiency of construction products, and also describes the methods for confirming their conformity.
The above-mentioned acts collectively define the rules for manufacturers, importers, and distributors of construction products, ensuring market transparency and confidence in quality.
Let's examine in more detail the specific rules established by the basic Law and analyze the conditions underability of construction products being placed on the market.
The Law of Ukraine «On Making Construction Products Available on the Market» details the distribution of functions among the main business entities in the construction products market: manufacturers, importers, and distributors.
Manufacturers:
- They draw up a declaration of performance and affix the conformity mark to the technical regulations.
- They generate and store technical documentation (for a minimum of 10 years).
- They ensure the stability of product performance indicators, conduct testing, and keep records of complaints.
- They label the products (type, batch, serial number).
- They apply the name, trademark, and contact address.
- Instructions and information in Ukrainian are being added.
- In case of non-conformity, corrective actions are taken, products are withdrawn or recalled, and the market surveillance authority is notified.
- Upon control requests, they provide documentation and cooperate with supervisory authorities.
Importers:
- Only products that comply with the requirements of the Law are put into circulation.
- Before implementation, the stability assessment of indicators, availability of technical documentation and declaration, conformity mark, accompanying documents, and the manufacturer's labeling are checked.
- They apply their own name, trademark, and address.
- Ensure storage and transportation without altering characteristics.
- In the event of a risk, the supervisory authority is notified, and the products are withdrawn or recalled.
- They keep a copy of the declaration (for at least 10 years) and provide documentation upon request.
Distributors:
- They supply products to the market that comply with the requirements of the Law.
- Before implementation, the presence of the conformity mark and instructions in Ukrainian, as well as the manufacturer's and importer's labeling, is checked.
- They ensure proper storage/transportation conditions.
- In case of non-compliance, they notify the manufacturer, importer, and supervisory authority, and facilitate the withdrawal or recall of the products.
- Upon request from the authorities, they provide information in the state language and cooperate.
Thus, the Law establishes the principle of chain liability, where each link bears the duty to control the previous one.
The conditions for placing on the market are established by the Law of Ukraine «On Making Construction Products Available on the Market».
Placing construction products on the market is permitted only after:
- Drawing up of the declaration of performance by the manufacturer in the established form, if the product is covered by a national standard or complies with an assessment of technical acceptability (except for the cases provided for in part 4 of Article 5 of the Law of Ukraine «On Making Construction Products Available on the Market»);
- Compilation of technical documentation confirming the declared performance characteristics;
- Product labeling in accordance with the requirements of the Law and technical regulations.
Declaration of Performance of Construction Products
One of the key elements of the construction product circulation regulation system is the declaration of performance of construction products, a document that confirms the conformity of the product's operational characteristics with established requirements. It serves as a kind of quality and safety passport for the product.
The declaration of performance must contain the information provided for in Article 6 of the Law «On Making Construction Products Available on the Market» and shall be drawn up in the form and in accordance with the instructions approved by Resolution of the Cabinet of Ministers of Ukraine No. 1458 dated December 23, 2021.
Features of drawing up (completing) the declaration:
– is drawn up for each construction product (of the respective type) when the product is made available on the market;
– is filled out on the basis of the technical documentation drawn up by the manufacturer, which describes all relevant elements associated with the applied system(s) of assessment and verification of constancy of performance of construction products;
- to be filled out in the state language. In cases where the declaration is drawn up by a foreign manufacturer in a language other than the state language, it shall be translated into the state language. The translation of the declaration shall be entered into the Electronic System along with a copy of the declaration drawn up in the foreign language;
– must reflect the performance of construction products related to their essential characteristics, in accordance with the relevant harmonized technical specifications.
Marking and conformity mark to technical regulations
The conformity mark to technical regulations shall be affixed to the construction product or to a label attached thereto in such a way as to be visible, legible, and indelible. In cases where this is not possible or unjustified due to the nature of the product, the conformity mark to technical regulations shall be affixed to the packaging or to the accompanying documents.
The sign must be accompanied by:
- The last two digits of the year it was first applied.
- Name and address of the manufacturer (or identification mark).
- With a unique product type code.
- By the registration number of the declaration of performance in the Unified State Electronic System in the Construction Sector
- By the level or class of the declared indicators.
- The designation of the technical specification against which conformity has been assessed.
- By the identification number of the notified body, if it was involved.
- Information on the intended use of the products.
Responsibility
Failure to meet the conditions for making products available on the market is a violation and entails liability in the form of a fine in the amount of one hundred and twenty-six subsistence minimums for able-bodied persons (UAH 381,528).
Therefore, a significant number of legislative requirements and control procedures are established for construction products and their distribution. Manufacturers, importers, and distributors are obliged to strictly comply with the established rules, as the failure to comply with even certain norms can lead to fines or a ban on the sale of products.
Source: Quality management.
