Selling CE-marked construction products in Ukraine in 2026: what the rules say, and who can confirm it for your product

Ukraine is moving to the EU model, and fast

It is worth starting with what has gone right, because it is a lot.

• An EU-model law. Law No. 850-IX, "On placing construction products on the market", has been in force since 1 January 2023. It is modelled on the EU's Construction Products Regulation (305/2011).
• The same standards. Ukraine adopts the harmonised EN standards as national DSTU EN standards, so a European manufacturer's test data and declaration content largely carry over.
• A digital register. Declarations of performance are filed in the state e-construction system, EDESSB, under a qualified electronic signature.
• EU signatures recognised. Ukraine has recognised EU qualified electronic signatures since 1 January 2023.
• More to come. The ministry has outlined a transition to the EU's new Construction Products Regulation (2024/3110), and Ukraine is preparing a mutual-recognition agreement with the EU for industrial products.

Most of this has been put into practice during a full-scale war. For a European supplier it is good news. The open question in 2026 is a narrow one: during the transition, which paperwork does a delivery need?

The wartime rule, and the guidance written for it

In March 2022, four weeks into the full-scale invasion, the government added a practical wartime rule for products from the EU. Point 9 of the Technical Regulation of construction products (Cabinet Resolution No. 1764 of 2006, as amended by Resolution No. 347) says, in substance:

• until martial law ends and for 90 calendar days after that,
• construction products imported into Ukraine from EU member states
• may be placed on the market on the basis of the declaration of performance issued by the foreign company, in its original language with a copy in Ukrainian, confirming conformity with Regulation (EU) 305/2011;
• the Ukrainian declaration of conformity and the Ukrainian conformity mark are not required.

Resolution 1764 is still in force, and point 9 has not changed since 2022. The State Inspectorate for Architecture and Urban Planning (DIAM), which carries out market surveillance of construction products, explained the rule in a notice of August 2022 and in its questions-and-answers document on market surveillance, marked as current in July 2025. Both remain on its website. Both were written while the old and new regimes were running side by side, and before the amendment described below.

Two details matter later. Point 9 does not mention the CE mark: the legal basis is the EU declaration of performance, which the CE mark accompanies. And it covers products imported from EU member states.

What the law says since May 2026

When Law 850-IX came into force, it ran alongside the older Technical Regulation. Point 3-1 of its transitional provisions, added in May 2022, set "simultaneous operation" of the two regimes "for the period until 2025".

Law No. 4839-IX of 8 April 2026 rewrote point 3-1, with effect from 3 May 2026. It now says two things:

1. A manufacturer could choose between the Law and the Technical Regulation until 31 December 2025.
2. Products that meet the Technical Regulation and were placed on the market by 31 December 2025 cannot be banned or restricted until 31 December 2027 for failing to meet the Law.

The second point is a sensible protection for suppliers and buyers who acted in good faith under the earlier rules.

For products placed on the market under the Law, the requirements are clear:

• Declaration. If the product is covered by a national standard or a technical assessment, the manufacturer draws up a declaration of performance (Article 5).
• Registration. The declaration's registration number in EDESSB, or a printed copy, accompanies the product (Article 7).
• Language. A foreign manufacturer may draw up the declaration in its own language. A Ukrainian translation is then entered into EDESSB together with a copy of the original (Article 7).
• Mark. The Ukrainian conformity mark is affixed before the product is placed on the market (Articles 8 and 9).
• Importer. Before placing a product on the market, the importer checks that the declaration and the mark are in place (Article 13).

The amendment does not mention point 9 itself. Law 4839-IX gives the Cabinet until early May 2027 to bring its resolutions into line with the Law, so for now both texts are formally in force and the guidance pages have not yet been updated. In a reform moving this quickly that is understandable. It does mean a supplier needs a clear plan.

The route that works under both readings

What follows is my reading as a market analyst, not legal advice.

The Law ranks above a Cabinet resolution, and point 3-1 names the Technical Regulation and sets an end date for using it. Point 9 is part of that Regulation. So in my reading, a product placed on the Ukrainian market for the first time in 2026 should follow the Law: a Ukrainian declaration of performance in EDESSB and the Ukrainian mark.

There is another reasonable reading. Point 9 is a special wartime rule that has not been repealed, and the guidance still describes it. A buyer or inspector who relies on it is relying on an official text.

The practical answer does not depend on which reading prevails:

• a product with a Ukrainian declaration in EDESSB and the Ukrainian mark meets both readings;
• a product that relies on the EU declaration alone meets one.

If you have already been selling on EU declarations, there is no need for alarm. In my reading, goods placed on the market before 1 January 2026 are protected until 31 December 2027. Keep the proof of when they were placed on the market, such as the customs declaration and the first invoice, and move new deliveries onto the Ukrainian route.

Talk to your importer early. The importer has the legal duty to check the documents before goods go on the market, so agree in writing who prepares and files what.

Who can confirm it for your product

The most useful answer is an official one, for your specific product, in writing. Ukraine's system has channels designed for exactly this, and a foreign supplier can use them.

1. The contact point for construction products. The Law makes the ministry responsible for construction policy the contact point. It answers questions on which rules apply to a product, free of charge, within 15 working days (Article 10). Since August 2026 this sits with the Ministry for Communities, Territories and Internally Displaced Persons. Requests go through the form at contactpoint.gov.ua. This is the place to ask, "which rules apply to my product, and what paperwork does it need?"
2. DIAM's consultation service for businesses. For questions about how market surveillance itself works, DIAM offers consultations within its competence. The format can be a written answer, an online meeting or a public discussion. Requests go through the online form on DIAM's site, or as a letter signed and dated by the head of the business and sent to office@diam.gov.ua. Written answers come within 30 calendar days.
3. A Ukrainian designated conformity-assessment body. If your product is assessed under systems 1+, 1, 2+ or 3, the Ukrainian body that will do the third-party tasks is the right place to ask what it can accept from your EU file.
4. Your Ukrainian importer or distributor. It carries the legal duties on the Ukrainian side, and often knows how customs and building acceptance work in practice.

What I learnt by asking. In September I put the questions in this note in writing to both the contact point and DIAM. DIAM replied within two days. It explained that, under Article 10 of the Law, questions about which rules apply to a product are for the ministry's contact point rather than for DIAM, and gave the contact point's address. That is a useful answer in itself, because it tells every supplier where to go. I am waiting for the contact point's reply and will add it to this note.

The Ukrainian route, step by step

For a product that already carries a CE mark, the Ukrainian route is mostly paperwork on top of work you have already done.

1. Find your standard. The ministry's order lists the national standards that apply (Order No. 879 of 19 August 2024, as amended). A product outside that list can use a Ukrainian technical assessment instead, following a list of European assessment documents (Order No. 880). Check that the version of the standard on the Ukrainian list matches the one your EU declaration cites.
2. Check your assessment system. As in the EU, construction products are assessed under one of several systems. Under systems 1+, 1, 2+ and 3, the third-party tasks are done by a conformity-assessment body designated in Ukraine. Under system 4, the manufacturer does everything itself. I found no automatic recognition of certificates from EU notified bodies yet. That will come only through a treaty, and construction products are not among the first sectors of the planned mutual-recognition agreement. Ask the Ukrainian body early what it will accept from your EU file.
3. Register the declaration in EDESSB. Your declaration, in your language, goes into the system with a Ukrainian translation, confirmed with a qualified electronic signature. Test your EU signature in the system before you need it. The register is still young: on 23 May 2025, DIAM reported 399 declarations filed under Law 850-IX, so early users help to set the practice.
4. Affix the Ukrainian mark before the goods are placed on the market. It goes on the product or its label, or, where that is not practical, on the packaging or the accompanying documents, with the particulars Article 9 lists.
5. Agree who does what in Ukraine. A manufacturer may appoint an authorised representative in writing, who keeps the declaration and technical documentation available for the surveillance authority (Article 12). The importer adds its own name and address to the product and checks the documents (Article 13).

Norway and Switzerland

Point 9 covers products imported from EU member states, so goods shipped straight from Norway or Switzerland were never covered by it. Whether a Norwegian or Swiss product shipped from a warehouse in the EU counts is not settled in the text. I have asked the contact point to clarify it.

Under the Law the question does not arise. The same Ukrainian declaration route applies to every manufacturer, wherever it is based, so Norwegian and Swiss suppliers following it are on exactly the same footing as everyone else.

Two origin rules that work in your favour

Two origin rules favour European suppliers on publicly funded work.

Local content in public procurement. Public buyers apply a local-content requirement to listed goods worth UAH 1 million (about €19,600) or more in a single purchase, including goods bought as part of works or services. The minimum share is 30% in 2026, 35% in 2027 and 40% from 2028 to 2032. Goods originating in parties to the WTO Government Procurement Agreement with which Ukraine has procurement commitments are exempt, which covers every EU member state, Norway and Switzerland. The buyer needs a certificate or declaration of origin. For construction, the listed goods are mainly machinery; I found no building materials on the list.

Ukraine Facility money. Supplies financed by the EU's Ukraine Facility must originate in the EU, the EEA (including Norway), Ukraine, the Western Balkans, Georgia or Moldova, or in a country the Commission has granted reciprocal access, unless they cannot be sourced there on reasonable terms (Regulation (EU) 2024/792, Article 11). The Commission granted reciprocal access to the United States, Canada and Japan on 25 June 2026 and to the United Kingdom on 26 June 2026. I found no decision for Switzerland, so Swiss suppliers should check how a project is financed before quoting.

Ukraine's Energy Efficiency Fund, which supports retrofits of apartment buildings, is preparing to reopen its programmes with Ukraine Facility money. In August it proposed that contractors be registered and operating in eligible countries and that main materials carry documentary proof of origin. New applications remain suspended while funding is settled.

What comes next

Several changes will bring more clarity:

• Early May 2027. The deadline for the Cabinet to bring its resolutions into line with Law 4839-IX. Watch for an amendment or repeal of point 9.
• Mutual recognition with the EU ("industrial visa-free"). Ukraine is preparing an agreement with the EU on conformity assessment and acceptance of industrial products. The Ministry of Economy expects it to start in 2027, beginning with machinery, low-voltage equipment and electromagnetic compatibility. Construction products are not among these first sectors.
• The EU's new Construction Products Regulation. In early July 2026 the ministry outlined a phased transition: amend Law 850-IX first, while preparing new legislation, including a digital product passport, in consultation with business.
• Martial law plus 90 days. Point 9 ends on its own terms then. Martial law currently runs to 31 October 2026, and parliament has extended it repeatedly since February 2022, most recently in July.
• 31 December 2027. The protection for goods placed on the market under the old Technical Regulation ends.

What I would take from this

For new deliveries, use the route that works under both readings. Register a Ukrainian declaration of performance in EDESSB and put the Ukrainian mark on the goods before the first delivery. For a system 4 product that means a translation and a filing. For the others, start with a Ukrainian designated body.

If you are already selling on EU declarations, plan the switch calmly. Document when your pre-2026 stock was placed on the market, and move new deliveries onto the Ukrainian route.

Ask officially, and keep the answer. The contact point exists to answer exactly these questions, free of charge. A written answer for your product protects you, your importer and your buyer.

Work with your importer as a partner. It carries the legal duties on the Ukrainian side, and it is the first to know how acceptance works in practice.

If you are Norwegian or Swiss, follow the Ukrainian route from the start. If you are Swiss, also check how the project is financed.

What I could not verify

1. The contact point's answer to my questions, which I will add here when it arrives.
2. Practice in 2026: how inspectors, customs officers and public buyers have treated EU declarations on new deliveries this year.
3. The Cabinet's plans for point 9 of Resolution 1764 ahead of the May 2027 deadline.
4. "From EU member states": whether it means the country the goods are shipped from or the country where they were made.
5. Filing in EDESSB: whether an authorised representative may file a declaration for a foreign manufacturer, and whether every EU qualified signature works in the system's manufacturer account.
6. Switzerland: any Commission decision on reciprocal access after 20 October 2026.

This note is meant to start a conversation, not close one. If you work at the ministry, DIAM or a Ukrainian conformity-assessment body and would add to or correct anything here, I would welcome it and will update the note. And if you have shipped CE-marked products into Ukraine this year, I would like to hear how acceptance went. Real experience helps every supplier coming after you.

This note draws on the current texts of Law No. 850-IX, Law No. 4839-IX, Law No. 4831-IX and the Technical Regulation approved by Resolution No. 1764, on DIAM's published guidance and consultation service, and on DIAM's written reply of 30 September 2026. The texts were read on 26 September and re-checked on 20 October 2026. Euro figures are at UAH 51.12.

Which Ukrainian buyers, contractors and specifiers a construction supplier should approach, through which channel, on whose money and under which product rules, is what the Foothold Construction Sector Report maps, counterpart by counterpart.

See the Construction Sector Report ↗