Andriy Ozeychuk, Director of the engineering and construction company Rauta, Chairman of the Board of Directors of the Ukrainian Steel Construction Center Association
What does Regulation 305 provide for?
On January 1, 2023, the Law “On placing construction products on the market” came into force in Ukraine, implementing the provisions of EU Regulation 305/2011 and significantly changing the requirements for the safety and quality of construction materials. By January 1, 2026, all Ukrainian producers must fully adapt to the requirements of the new law.
Cabinet of Ministers Resolution No. 426 extends the law to almost all construction products, from fasteners to chimneys.
New declaration system in Ukraine
The main difference between the new regulation and the previous one, which has been in effect since 2006, is the reference to European standards for the production of construction materials. From now on, Ukrainian producers must declare that their products comply with European standards and bear full responsibility for their quality.
Previously, the quality of products was confirmed by certificates in accordance with Ukrainian standards or technical specifications, which allowed for low-quality products. It was enough for manufacturers to register their own TUs or obtain a certificate from an accredited organization, relieving them of much of the responsibility for the characteristics of materials.
With the adoption of the new law, manufacturers are required to issue declarations of conformity based on the requirements of harmonized European standards. They must also ensure continuous quality control in production and take full responsibility for the declared characteristics.
Benefits of implementing Regulation 305
– Improved quality of building materials. New requirements oblige manufacturers to comply with European standards, which guarantees a higher level of product quality and safety.
– Protection of consumer rights. The introduction of a unified quality control system and liability mechanism will provide buyers with clear selection criteria and tools to influence unscrupulous producers.
– Access to the EU market. Thanks to a unified certification system, Ukrainian companies will be able to export their products to Europe without additional testing and conformity assessment procedures.
– Transparency of the construction materials market. Declarations of conformity will have to be registered in the Unified State Electronic System in the field of construction, which will promote openness and trust between producers, consumers and government agencies.
Risks of implementing Regulation 305
– Increased competition. European producers will be able to enter the Ukrainian market freely without additional certification, which may put pressure on national producers.
– Closure of some enterprises. Companies with outdated equipment may not be able to meet the new standards, forcing them to invest in modernization or cease operations. According to expert estimates, this risk will affect no more than 1% of Ukraine’s production capacity and will not have a significant impact on the industry.
Changes in European legislation
On November 27, 2024, the European Union adopted a new Regulation No. 2024/3110, which replaces the previous Regulation No. 305/2011. It entered into force on January 7, 2025, with a 1-year transitional period. It was Regulation 305/2011 that was the basis for the Ukrainian law “On placing construction products on the market”.
The main changes of the EU Regulation 2024:
– Increased environmental requirements. Manufacturers are obliged to assess the life cycle of building materials and their carbon footprint, which will promote the reuse and recycling of resources.
– Introduction of digital product passports. The Ukrainian law partially takes this provision into account, as it requires registration of declarations in the Unified State Electronic System in the field of construction.
– Simplification of requirements for small and medium-sized businesses to provide construction products on the market.
– Strengthening market surveillance. The regulatory authorities have been given more powers to check product quality and mechanisms to quickly withdraw non-compliant products from the market.
Conclusion.
The transition of Ukrainian producers to work in accordance with the requirements of the new law is an important step in the EU’s approximation. The new rules will encourage businesses to improve their production processes and invest in modernization, which will improve product quality and expand opportunities for domestic producers in the European market.