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LAW OF UKRAINE

of September 2, 2020 No. 850-IX

About provision of construction products in the market

This Law determines legal and organizational basis of issuance or provision of construction products in the market by establishment of rules for expression of the indicators connected with essential utilization properties of such products, and also application concerning such products of mark of conformity to technical regulations.

Section I General provisions

Article 1. Determinations of terms

1. In this Law the stated below terms are used in such value:

construction products - any material, product or set which is made and introduced into circulation for application for a long time in the building or construction which indicators influence the indicators of the building or construction connected with the main requirements to them;

proper use - the intended use of construction products determined in the applicable procedural technical specification;

the conclusion about the technical acceptability - the documentary registration of the certain indicators of construction products connected with its essential utilization properties, executed according to the applicable European document by determination of the acceptability or the national document of Ukraine by determination of the acceptability;

the harmonized European standard - the standard accepted by one of the European standardization organizations on the basis of the inquiry submitted by the European Commission according to established procedure;

the European document by determination of the acceptability - the document accepted by the European organization of bodies of the technical acceptability which purpose is issue of the European conclusion about the technical acceptability;

lifecycle - the consecutive and interconnected stages of service life of construction products, beginning from acquisition of raw materials or production of natural resources and finishing with final utilization;

class - the range of levels of indicator of construction products limited minimum and maximum to values of essential utilization properties;

set - construction products which are introduced into circulation by one producer in the form of the set consisting of two or more components which require assembly before use, for application in the building or construction;

production control at the company - the constant documentary drawn up internal inspection of production at the company according to the corresponding procedural technical specifications;

the national document of Ukraine by determination of the acceptability - the document accepted by the national organization of bodies for determination of the technical acceptability which purpose is the conclusion about the technical acceptability;

indicators of construction products - the indicators connected with essential utilization properties, expressed by the level, class or in descriptive form;

threshold level - the minimum or maximum level of the indicator connected with essential performance property of construction products;

products of custom-made production - the construction products which are individually made or made by the single special order on production which are applied in one specifically certain building or construction by producer which is responsible for safe application of these products in the building or construction, according to the individual constructive decision;

procedural technical specifications - national standards for the purposes of application of this Law which are identical to the conforming harmonized European standards (further - the national standard for the purposes of application of this Law), the European documents by determination of the acceptability and national documents of Ukraine by determination of the acceptability;

level - the result of assessment of utilization properties of construction products of rather essential utilization properties expressed by numerical value;

special technical documentation is documentation which confirms that methods within applicable system for assessment and check of stability of utilization properties were replaced with other methods provided that the results received by means of other methods are equivalent to the results received by test methods according to the national standard for the purposes of application of this Law;

essential utilization properties - characteristics of construction products which belong to the corresponding essential characteristics connected with the main requirements to buildings and constructions, and expressed in the level or class, or in the description;

type of construction products (further - products type) - set of levels and classes of the indicators of construction products connected with its essential characteristics which is made from certain combination of raw materials and/or other elements in certain production process.

2. The terms "input in turnover", "producer", "document on compliance", "mark of conformity to technical regulations", "importer", "provision in the market", "conformity assessment body", "assessment of conformity", "compliance presumption", "products", "distributor", "subjects of managing", "technical specification", "technical regulation", "authorized representative" are used in this Law in the values given in the Law of Ukraine "About technical regulations and assessment of conformity".

The terms "European standard", "national standard" are used in this Law in the values given in the Law of Ukraine "About standardization".

The terms "retirement", "response" are used in this Law in the values given in the Law of Ukraine "About general safety of non-food products".

The terms "state market supervision", "body of the state market supervision" are used in this Law in the values given in the Law of Ukraine "About the state market supervision and control of non-food products".

The term "accreditation" is used in this Law in the value given in the Law of Ukraine "About accreditation of conformity assessment bodies".

The term "subject of the microcompany" is used in this Law in the value given in the Economic code of Ukraine.

Article 2. Law coverage

1. Operation of this Law extends to construction products which are introduced into circulation or are provided in the market of Ukraine.

Article 3. The legislation in the field of provision of construction products in the market

1. The legislation in the field of provision of construction products in the market consists of this Law, the laws of Ukraine "About technical regulations and assessment of conformity", "About standardization", "About the state market supervision and control of non-food products", "About fundamentals of town planning", "On regulation of town-planning activities", "About construction regulations" and other regulatory legal acts governing the relations in the specified sphere.

2. If the international treaty of Ukraine which consent to be bound is provided by the Verkhovna Rada of Ukraine establishes other rules, than those that are stipulated by the legislation about provision of construction products in the market, rules of the international treaty of Ukraine are applied.

Article 4. Main requirements to constructions and essential characteristics of construction products

1. The main requirements to constructions are basis for development of national standards on construction products and other procedural technical specifications. The main requirements to constructions are determined by the law.

2. Essential characteristics of construction products are determined in procedural technical specifications of rather main requirements to constructions.

3. For certain group of construction products which is covered by the national standard for the purposes of application of this Law the central executive body which provides forming of state policy in the field of construction, respectively, before the proper use of such products determined in this standard and on the basis of the corresponding European Union law determines essential utilization properties on which the producer declares indicators of construction products in case of input it in the address.

On the basis of the corresponding European Union law the central executive body which provides forming of state policy in the field of construction also determines the threshold levels of the indicators of construction products connected with its essential utilization properties, which are subject to declaring.

Section II Declaring of Indicators of Construction Products and Application of Mark of Conformity to technical regulations

Article 5. Creation of the declaration of indicators

1. If construction products are covered by the national standard for the purposes of application of this Law or correspond to the conclusion about the technical acceptability issued concerning it, the producer constitutes the declaration of indicators in case of input of such products in the address.

2. If construction products are covered by the national standard for the purposes of application of this Law or correspond to the conclusion about the technical acceptability issued concerning it, information in any form of the indicators of such construction products connected with its essential utilization properties determined in the applicable procedural technical specification can be provided only on condition of its inclusion and specifying in declarations of indicators, except cases when according to part four of this Article the declaration of indicators is not constituted.

3. The producer by creation of the declaration of indicators takes the responsibility for compliance of construction products to such declared indicators. In the absence of the objective signs testifying to the return the declaration of indicators constituted by the producer is considered exact and reliable.

4. As the exception of provisions of part one of this Article and in the absence of acts of the legislation or construction regulations according to which declaring of essential utilization properties is required the producer can refrain from creation of the declaration of indicators in case of issuance of the construction products covered by the national standard for the purposes of application of this Law if:

construction products belong to products of custom-made production, are made according to applicable requirements and under the supervision of persons responsible for safe accomplishment of construction works according to the legislation;

construction products are made on construction site for its application in the respective building or construction according to applicable requirements and under the supervision of persons, actionees of construction works according to the legislation;

construction products are made by traditional method or during nonindustrial process by method which provides preserving objects of cultural heritage, their restoration or rehabilitation, preserving traditional nature of the circle of the historical inhabited places.

Article 6. Contents of the declaration of indicators

1. The declaration of indicators shall reflect the indicators of construction products connected with its essential utilization properties according to the corresponding procedural technical specifications.

2. The declaration of indicators shall contain, in particular, the following information:

identification data like products on which the declaration of indicators is constituted;

the applied system or systems of assessment and check of stability of indicators of construction products;

designation and acceptance date of the national standard for the purposes of application of this Law or issue of the conclusion about the technical acceptability which were used for assessment of each essential performance property;

in applicable cases specifying of special technical documentation which was used, and requirements to which, according to the producer, there correspond construction products.

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