RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of December 28, 2016 No. 1055

About approval of the Technical regulation of the equipment and protective systems, held for use in potentially explosive environments

According to article 5 of the Law of Ukraine "About technical regulations and assessment of conformity" the Cabinet of Ministers of Ukraine decides:

1. Approve the Technical regulation of the equipment and protective systems, held for use in potentially explosive environments which is applied.

2. Provide to the Ministry of economic development and trade implementation of the Technical regulation approved by this resolution.

3. Determine that provision in the market or commissioning of the equipment and protective systems, held for use in potentially explosive environments conforming to requirements of the Technical regulation of the equipment and protective systems, intended for the application in potentially explosive environment approved by the resolution of the Cabinet of Ministers of Ukraine of October 8, 2008 No. 898 (The Official Bulletin of Ukraine, 2008, No. 78, Art. 2612), and are introduced into circulation about day of entry into force of this resolution, it cannot be forbidden or limited for the reasons of discrepancy of such equipment to requirements of the Technical regulation approved by this resolution.

4. Ceased to be valid according to the Resolution of the Cabinet of Ministers of Ukraine of 16.01.2019 No. 27.

5. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

6. This resolution becomes effective in six months from the date of its publication.

Approved by the resolution of the Cabinet of Ministers of Ukraine of December 28, 2016, No. 1055

The technical regulation of the equipment and protective systems, held for use in potentially explosive environments

General part

1. This Technical regulation establishes essential requirements to the equipment and protective systems, held for use in potentially explosive environments, and requirements to the address of such products in the market of Ukraine.

This Technical regulation is developed on the basis of the Directive 2014/34/EU of the European Parliament and Council of February 26, 2014 about harmonization of the legislation of state members concerning the equipment and protective systems, held for use in potentially explosive environments.

2. Action of this Technical regulation extends to the equipment and protective systems, held for use in potentially explosive environments; the protective, controlling and control devices, held for use outside potentially explosive environments which are necessary or promote explosion-proof functioning of the equipment and protective systems; the components intended for embedding in the equipment and protective systems held for use in potentially explosive environments (further - products).

3. Action of this Technical regulation does not extend on:

medical products in the value given in the subitem 9 of Item 2 of the Technical regulation of rather medical products approved by the resolution of the Cabinet of Ministers of Ukraine of October 2, 2013 No. 753 (The Official Bulletin of Ukraine, 2013, No. 82, Art. 3046) which are intended for application in the medical circle;

the equipment and protective systems in case of which operation explosion hazard arises only in the presence of explosives or chemically unstable substances;

the equipment intended for household or non-productive use when potentially explosive environments can result from exclusively accidental leakage of combustible gas;

individual protection equipment to which action of the Technical regulation of individual protection equipment approved by the resolution of the Cabinet of Ministers of Ukraine of August 27, 2008 No. 761 (The Official Bulletin of Ukraine, 2008, No. 66, of the Art. 2216) extends;

ocean ships and portable sea installations together with the equipment on them;

vehicles, including the trail cars intended for transportation of goods and/or passengers by highways;

the vehicles intended for transportation of goods and/or passengers air, railway and waterways.

Vehicles, held for use in potentially explosive environments, shall not be excluded from coverage of this Technical regulation.

4. In this Technical regulation the following basic concepts are used:

introduction into circulation - provision of products in the market of Ukraine for the first time;

the explosive environment - mix of combustible substances in the form of gases, vapors, fogs or dust with air in normal atmospheric conditions in which burning after its ignition extends to all not burned down mix;

proper use - use of products determined by the producer by reference of the equipment to specific group and category of the equipment or according to all provided information necessary for safe functioning of protective system, the device or component;

retirement - any action directed to prevention of provision in the market of products which are in products supply chain;

the producer - any physical person or legal entity (the resident or the nonresident of Ukraine) which makes products or charges its development or to production and sells these products under the name or trademark or uses such products for own purposes;

response - any action aimed at providing return of products which were already provided to the consumer (user);

the harmonized European standard - the standard accepted by one of the European standardization organizations on the basis of the request made by the European Commission and number and which name are published in the Official magazine of the European Union;

protective systems - devices, except the components of the equipment intended for immediate stop of explosions which begin and/or restrictions of the actual action area of explosion and which are separately provided in the market for use as autonomous systems;

mark of conformity to technical regulations - marking by means of which the producer informs that products conform to requirements which are applied to the specified products and are determined in technical regulations which provide drawing this marking;

the importer - any physical or legal resident person of Ukraine who introduces into market circulation of Ukraine products origin from other country;

category of the equipment - the classification of the equipment within each group of the equipment specified in appendix 1, which determines the necessary level of security which shall be provided;

components - any products which are essential to safe functioning of the equipment and protective systems, but which are not intended for independent use;

provision in the market - any paid or free delivery of products for distribution, consumption or use in the market of Ukraine in the course of implementation of economic activity;

the equipment - machines, the equipment, stationary or portable devices, components and monitors, detection systems and preventions which separately or are together intended for generation, transfer, storage, measurement, control and transformation of energy and/or processing of materials and are capable to cause explosion as a result of own potential sources of ignition;

the group I equipment - the equipment, held for use in underground parts of mines and in parts of land installations of mines which can appear under the threat of emergence of firedamp and/or combustible dust, including the equipment of categories M1 and M2, determined in appendix 1;

the group II equipment - the equipment, held for use in the places other than mines or land mine installations which can appear under the threat of emergence of explosive environments, including the equipment of categories 1, 2 and 3, determined in appendix 1;

conformity assessment body - the body performing activities for assessment of conformity, including testing, certification, inspection and calibration;

assessment of conformity - process of the proof that the essential requirements of this Technical regulation concerning products were executed;

potentially explosive environment - environment which can become explosive as a result of natural and working conditions;

the distributor - any other, than the producer or the importer, physical person or legal entity in products supply chain which provides products in the market of Ukraine;

the technical specification - the document establishing technical requirements to which there shall correspond products;

the authorized representative - any physical or legal resident person of Ukraine who received the written order from the producer to act from his name on the tasks determined in this order.

Other terms are used in the value given in the Laws of Ukraine "About technical regulations and assessment of conformity", "About the state market supervision and control of non-food products", "About general safety of non-food products".

Provision in the market and putting into operation of products

5. Products can be provided in the market and are put into operation (on condition of proper installation, servicing and proper use) only if it conforms to requirements of this Technical regulation.

6. Requirements of regulatory legal acts for ensuring protection of persons, in particular workers in case of operation of certain products, modification of these products cannot be provided by method which is not established in this Technical regulation.

7. Display and/or product demonstration, not conforming to requirements of this Technical regulation, during fairs, exhibitions, demonstrations or other similar actions are performed in the presence of visible designation on which it is accurately specified that such products cannot be provided in the market and it is put into operation before its reduction in compliance with requirements of this Technical regulation. During demonstration of such products proper measures of safety for ensuring protection of people are taken.

Essential requirements

8. Products shall conform taking into account its proper use to essential requirements for protection and safety to designing and production of the equipment and protective systems, held for use in potentially explosive environments (further - essential requirements), established in appendix 2.

Free movement of products

9. Provision in the market and commissioning in the territory of Ukraine of products conforming to requirements of this Technical regulation cannot be forbidden, limited or any other obstacles are created.

Obligations of producers

10. Producers in case of introduction of products in turnover or use it in the purposes guarantee that it is developed and made according to the essential requirements established in appendix 2.

11. Producers constitute the technical documentation specified in appendices 3 - 9, and will see off or charge to the authorized representative carrying out proper assessment procedure of compliance according to Items 39-42 of this Technical regulation.

If products compliance, except for component, was proved due by assessment procedure of compliance, producers constitute the declaration of conformity and put mark of conformity to technical regulations.

If component compliance to the requirements applied to it was proved by due assessment procedure of compliance, producers constitute the written application about compliance according to Item 41 of this Technical regulation.

Producers accompany each unit of production with the copy of the declaration of conformity or in appropriate cases the copy of the application about compliance. If large number of products is delivered to one consumer (user), such batch can be followed by one copy of the specified documents.

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