ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of February 21, 2014 No. 130

About approval of the Technical regulation "Industrial Machines"

Based on provisions of Article 18 and line item of the 6th appendix 3 to the Law No. 235 of December 1, 2011 on activities for accreditation and assessment of conformity (The official monitor of the Republic of Moldova, 2012, Art. No. 46-47, 136) DECIDES: the Government

1. Approve the Technical regulation "Industrial Machines" it (is applied).

2. This Resolution becomes effective after 24 months from the date of publication in the Official monitor of the Republic of Moldova.

2-1. Items 29, 29-1, 31-1 and 31-2 of the Technical regulation "Industrial Machines" will become effective from the date of entry into force of the law on ratification of the Agreement on assessment of conformity and the acceptability of manufactured goods between the Republic of Moldova and the European Union.

2-2. Before entry into force of the law on ratification of the Agreement on assessment of conformity and the acceptability of manufactured goods between the Republic of Moldova and the European Union:

1) the producer or his authorized representative, the legal entity with the location in the Republic of Moldova, puts SM mark of conformity in case assessment of conformity of the industrial machines intended for the national market is performed by acknowledged conformity assessment bodies when using the procedures provided by Chapters VII-VIII of the Technical regulation "Industrial Machines". It is forbidden in the conditions provided by this resolution, simultaneous drawing on the same equipment of the sign SM and marking of SE;

2) provisions of this resolution to marking of SE are applied equally and to the sign SM;

3) the Ministry of Economy and Infrastructure recognizes the bodies performing assessment of conformity of the industrial machines and quasimachines intended for the national market according to the procedures provided by the Technical regulation "Industrial Machines". The procedure of notification is performed after the procedure of recognition established by the Law No. 235 of December 1, 2011 on activities for accreditation and assessment of conformity;

4) requirements to notified conformity assessment bodies are applied also to the acknowledged conformity assessment bodies having similar legal status according to Law No. 235 provisions of December 1, 2011 on activities for accreditation and assessment of conformity. When holding procedures for assessment of conformity the acknowledged conformity assessment bodies performing assessment of conformity of industrial machines and quasimachines constitute test certificates of standard sample;

5) the list including acknowledged conformity assessment bodies and their identification numbers is kept by the National center of accreditation "MOLDAC" and published on its official site.

3. To the Ministry of Economy and Infrastructure before enforcement of this Resolution to develop the list of the harmonized standards and the plan of implementation of the Technical regulation "Industrial Machines".

4. To impose control over the implementation of this Resolution on the Ministry of Economy and Infrastructure.

Prime Minister

Iurie Leanca

Countersigns: Deputy Prime Minister, Minister of Economy and Infrastructure

Valeriu Lazer

Approved by the Order of the Government of the Republic of Moldova of February 21, 2014 , No. 130

Technical regulation "Industrial Machines"

The technical regulation "Industrial Machines" (further - the Technical regulation) shifts the Directive 2006/42/EU of the European Parliament and Council of May 17, 2006 about industrial equipment and about change of the Directive 95/16/EU (transformed) (published in the Official magazine of the European Union No. L 157 of June 9, 2006), changed and added with the Directive 2009/127/EU of the European Parliament and Council of October 21, 2009 about change of the Directive 2006/42/EU on industrial equipment on use of pesticides; Regulations (SE) No. 596/2009 of the European Parliament and Council of June 18, 2009.

Chapter I Scope

1. This Technical regulation extends to the following types of products:

a) industrial machines;

b) replaceable equipment;

c) safe components;

d) heavy lift gears;

e) chains, ropes and networks;

f) removable mechanical devices of transfer;

g) quasimachines.

2. Provisions of this Technical regulation do not extend to the following types of machines:

a) safe components, held for use as spare parts for replacement of identical components and the original industrial machines delivered by the producer;

b) the special equipment, held for use at trade fairs and/or attractions;

c) industrial machines, specially developed or put in operation for the nuclear purposes which in case of failure can lead to radioactive emissions;

d) arms, including firearms;

e) following vehicles:

- tractors, trail cars or the interchangeable trailing equipment, independently if it is completed or not, held for use in agricultural industry, independently if it is designed in one or several stages, having the maximum speed of 6 km/h, except the machines established on them;

- systems, components and separate technical elements, held for use in the vehicles stated above;

- the cars and their trail cars designed and constructed in one or several stages for use on the road and also the systems, components and separate technical nodes designed and constructed for such vehicles;

- the spare parts and the equipment intended for the vehicles specified in the previous transfer;

- two - or three-wheeled motor vehicles, independently if have the coupled or not coupled wheels intended for road transportation and also components or separate technical elements of such vehicles, except for the machines established on these vehicles;

- the cars intended only for competitions;

- vehicles for movement in air, on water or railway tracks, except the machines established on them;

f) ocean ships and self-propelled sea platforms, including the equipment used on them installed onboard such courts and/or platforms;

g) the industrial machines which are specially designed and manufactured for the military purposes or for maintenance of public order;

h) the industrial machines which are specially designed and manufactured for the research purposes and temporary use in laboratories;

i) rope lifting devices in mines;

j) the special machines intended for movement of actors during art representations;

k) the electric and electronic products used in that measure in what they are regulated by the Order of the Government No. 745 of October 26, 2015. "About approval of the Technical regulation "Ensuring Presence in the Market of Electric Equipment, Held for Use in Certain Limits of Tension" (household electrical accessories, video, the audio equipment, information processing equipment, office equipment, low-voltage distributing devices and controling mechanisms, electric motors);

l) high-voltage electric equipment (distributing devices and controling mechanisms and transformers).

If the risks caused by industrial machines, provided in appendix No. 1 to this Technical regulation are fully or partially established in other special technical regulations, then this Technical regulation is not applied or its application stops from the date of the introduction in action of special technical regulations concerning these risks.

3. Ceased to be valid according to the Order of the Government of the Republic of Moldova of 18.01.2023 No. 25

Chapter II Terminology

4. In this Technical regulation:

"industrial machines" are understood as products provided in Item 1;

the terminology stated in the Law No. 235 of December 1, 2011 on activities for accreditation and assessment of conformity is used, and terms and determinations have the following values:

a) industrial machine:

- the aggregate equipped or intended for equipment by the drive, in addition to the person who is directly using force or animal, one consisting of the interconnected parts or components, at least of which is moving and which are integrated for particular purpose;

- the aggregate mentioned in paragraph one in which there are no components for connection only it to node of network or power sources and movements;

- the aggregate mentioned in paragraph one and the second ready to installation and capable to function only in case of its assembling on the vehicle or on the building or structure;

- the aggregates of machines specified in paragraph one, second and third or the quasimachines mentioned in Item g) which for the purpose of achievement of the same purpose are organized and are regulated so that they functioned as a unit;

- the aggregate of the interconnected parts or components, at least one of which is moving and which are integrated, intended for load lifting which single power source is directly applied human efforts;

b) the replaceable equipment - the device which after commissioning of machines or the tractor, is mounted to such machines or the tractor by the operator for the purpose of change of its function or providing with new function in that degree in which such equipment is not the spare part or the tool;

c) the safe component - the component entered separately on the market intended for safety function accomplishment unavailability and/or defect of which threatens safety and/or human health and which is not necessary for operation of machines, or it can be replaced with other components allowing machines to function normally. The approximate list of safe components provided in application No. 4, which is periodically updated;

d) weight lifting apparatuses - the component or the equipment which are not connected to the load-lifting equipment, allowing to hold load, being between machine and load or on the load or intended to constitute separately part of load and independently entered on the market; hoisting slings and their components are also considered as weight lifting apparatuses;

e) chains, ropes and networks - the chains, ropes and networks designed and intended for the lifting purposes in quality of part of hoisting machines or weight lifting apparatuses;

f) removable mechanical devices of transfer - removable components for transfer of capacity from self-propelled machines or the tractor or other equipment to other machines by their accession to the first fixed bearing. If they are entered on the market together with security system, they are considered as one product;

g) the quasimachine - the aggregate which represents partially complete machine, but not capable in itself to perform specific function. The quasimachine is intended for inclusion in structure or accessions to other machines or other partially complete machines, or oborudovaniye for the purpose of creation of the machine to which this Technical regulation is applied;

h) putting into operation - the first use in the territory of the Republic of Moldova the machine to which this Technical regulation according to its appointment extends;

i) danger - potential source of harm or damage to health;

j) risk zone - any zone in and/or around the machine within which person is exposed to risk for his health or safety;

k) person subject to danger - person who fully or partially is in risk zone;

l) the operator - the persons/persons establishing, operating, adjusting, servicing, cleaning, repairing or moving machines;

m) risk - combination of probability and the degree of harm or damage to health capable to arise in dangerous situation;

n) safety adaptation - the part of the machine which is specially used for ensuring protection by means of physical barrier;

o) the protection device - adaptation (in addition to safety adaptation) which reduces risk independently or in combination with safety adaptation;

p) target use - use of the machine according to information containing in the maintenance instruction;

q) predictable misuse - use of the machine according to the procedure, not provided in maintenance instructions, but which can be result of easily predictable behavior of the person;

r) machines for use of pesticides - the technical equipment intended for special application of remedies of plants;

s) the machine constituting danger owing to the mobility - the machine which operation requires either mobility in use, or continuous or semi-continuous movement between consecutive number of workplaces; or the machine which is operated without movement, but which can be equipped with such means which facilitate movement from one place of another;

t) the driver - the operator responsible for movement of machines. The driver can move by means of the machine or on foot, accompanying the machine, or can operate the vehicle by means of remote control;

u) load-lifting transactions - the transactions on movement of loads and/or people requiring for the established moment of change of level;

v) the directed load - load when general movement is made along tough or flexible guides of details which provision is determined by the fixed points;

w) working coefficient - arithmetic ratio between the loading guaranteed by the producer or his authorized representative and the used maximum operational load noted on component;

x) test coefficient - mathematical ratio between the loading used for carrying out static and dynamic tests on hoisting machines or load-lifting accessories and the maximum operational load noted on hoisting machines or load-lifting accessories;

s) the static test - the test during which hoisting machines or load-lifting accessories undergo the first testing and forces are affected, to the corresponding maximum operational load increased by the corresponding coefficient of the static test and then are repeatedly checked when the corresponding load is exempted for the certificate that damage was not caused;

z) the dynamic test - the test during which hoisting machines are operated in all possible configurations in case of the maximum operational load, when accounting dynamic behavior of hoisting machines, for the purpose of check that hoisting machines and safe elements function properly.

aa) cabin - part of the machine on which or in which people or loads move to rise time.

Chapter III Introduction on the market and commissioning of industrial machines

5. The Ministry of Economy and Infrastructure as the regulating body in the field and National inspectorate for technical supervision (further - body for supervision of the market) is applied in the limits established by the law by all necessary measures that industrial machines (further - machines) and quasimachines could be entered on the market and/or are put into operation only provided that they conform to requirements of this Technical regulation.

6. Before introduction on the market and/or commissioning of the machine the manufacturer or his authorized representative shall:

a) provide that the machine met the essential safety requirements and health provided in appendix No. 6 to this Technical regulation;

b) provide availability of the technical documentation provided in Item 1 of appendix No. 6 to this Technical regulation;

c) make available, in particular, necessary information, for example, of the instruction;

d) apply necessary assessment procedures of compliance according to provisions of Items 20-23 of this Technical regulation;

e) constitute the declaration of compliance according to provisions of Item 1 of appendix No. 2 to this Technical regulation and provide that it accompanied the machine;

f) put marking of SE according to provisions of Items 33-37 of this Technical regulation.

7. Before introduction on the market of the quasimachine the manufacturer or his authorized representative shall make sure that the procedure specified in Items 28-29, is executed.

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