Government approves form of declaration of performance and other regulatory documents for implementation of law of ukraine "on provision of construction products on the market"
On 23 December 2021, the Cabinet of Ministers of Ukraine approved Resolution No. 1458 "Some issues on the provision of construction products on the market".
This resolution is aimed at the practical implementation of the previously approved Law of Ukraine "On the provision of construction products on the market", which establishes an obligation to declare building product indicators and to apply a mark of conformity to technical regulations, determines regulatory technical specifications (national standards, European assessment documents and national assessment documents of Ukraine), authorities for determining technical acceptability, procedure for state market supervision and control of construction products.
The resolution approves:
- Form of declaration of performance
- Instruction for compiling a declaration of performance
- the manufacturer compiles a declaration using the Unified state electronic system in the construction field on the basis of technical documentation compiled by the manufacturer
- the declaration must reflect the construction product indicators, related to its essential performance characteristics, in accordance with the relevant regulatory technical specifications
- the registration number of the declaration in the electronic system or a paper copy of the declaration printed from the system is provided by the manufacturer for each type of construction product within 10 years after putting into circulation (unless otherwise specified by the Ministry of Regional Development)
- Procedure for development and approval of national assessment documents of Ukraine
- the national assessment document is developed and adopted by the national organization of authorities for determining technical acceptability upon the application of the construction products manufacturer for issuance of a conclusion on technical acceptance of construction products
- the document must be developed for any construction products not covered or not fully covered by national standards for the purposes of the Law of Ukraine "On the provision of construction products on the market"
- the development of national assessment documents is performed by the authorities for determining technical acceptability, which have received the respective certificate.
- Requirements for the competence of authorities for determining technical acceptability
- List of essential performance characteristics cases when reference to the relevant regulatory technical specifications is optional
It should be stressed that by compiling a declaration of performance the manufacturer assumes responsibility for the compliance of construction products with such declared indicators. In the absence of objective evidence to the contrary, the declaration of performance made by the manufacturer is considered accurate and reliable.
The Resolution, as does the Law, enters into force on 1 January 2023, except for the provisions on the competence of authorities for determining technical suitability and the list of essential performance characteristics cases when references to regulatory technical specifications are optional, which entered into force on the date of publication of the resolution (01 February 2022).
For more information, please contact Asters` Counsel Anzhelika Livitska and Associate Victoria Kurus.
