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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 4, 2018 No. 536

About approval of the Technical regulation of the mobile equipment working under pressure

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 mobile equipment working under pressure which is attached.

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

3. Bring in the list of types of products by which bodies of the state market supervision exercise the state market supervision approved by the resolution of the Cabinet of Ministers of Ukraine of December 28, 2016 No. 1069 (The Official Bulletin of Ukraine, 2017, No. 50, the Art. 1550), change which is applied.

4. Recognize invalid:

the resolution of the Cabinet of Ministers of Ukraine of November 5, 2008 No. 967 "About approval of the Technical regulation of the portable equipment working under pressure" (The Official Bulletin of Ukraine, 2008, No. 86, the Art. 2880);

Item of 9 changes which are made to resolutions of the Cabinet of Ministers of Ukraine, approved by the resolution of the Cabinet of Ministers of Ukraine of April 8, 2013 No. 235 (The Official Bulletin of Ukraine, 2013, No. 28, the Art. 957).

5. This resolution becomes effective in year from the date of its publication.

Prime Minister of Ukraine
V. Groysman

Approved by the Resolution of the Cabinet of Ministers of Ukraine of July 4, 2018 , No. 536

The technical regulation of the mobile equipment working under pressure

General part

1. This Technical regulation determines requirements to the mobile equipment working under pressure for the purpose of safety and the address of such equipment in the market of Ukraine.

This Technical regulation is developed on the basis of the Directive 2010/35/EU of the European Parliament and Council of June 16, 2010 about the mobile equipment working under pressure and about cancellation of Directives of Council 76/767/EES, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/ES.

2. Action of this Technical regulation extends on:

the new movable equipment working under pressure, specified in the subitem 18 of Item 5 of this Technical regulation which was not introduced into circulation, for its provision in the market;

the movable equipment working under pressure, specified in the subitem 18 of Item 5 of this Technical regulation has marking by mark of conformity to this Technical regulation or the Technical regulation of the portable equipment working under pressure, to No. 967 approved by the resolution of the Cabinet of Ministers of Ukraine of November 5, 2008 (The Official Bulletin of Ukraine, 2008, No. 86, the Art. 2880), for conducting periodic inspection, intermediate inspection, exclusive checks and use;

the movable equipment working under pressure, specified in the subitem 18 of Item 5 of this Technical regulation which has no marking by mark of conformity to the Technical regulation of the portable equipment working under pressure, to No. approved by the resolution of the Cabinet of Ministers of Ukraine of November 5, 2008 967, for carrying out revaluation of compliance.

3. Action of this Technical regulation does not extend to the movable equipment working under pressure which is introduced into circulation before entry into force by the resolution of the Cabinet of Ministers of Ukraine of November 5, 2008 No. 967 "About approval of the Technical regulation of the portable equipment working under pressure" and could not be subject of revaluation of compliance.

4. Action of this Technical regulation does not extend to the movable equipment working under pressure which is used only for transportation of dangerous goods between Ukraine and the third countries automobile, railway or inland waterways according to requirements of the European agreement on international delivery of dangerous goods inland waterways (ADN), which Ukraine joined according to the Law of Ukraine of November 17, 2009 No. 1727-VI (further - the Agreement on transportation of goods by waterways), the European Agreement on the international road delivery of dangerous goods (DOPOG) which Ukraine joined according to the Law of Ukraine of March 2, 2000 No. 1511-III (further - the Agreement on road transportation of goods), appendix C to the Convention on the international rail haulings (KOTIF), which Ukraine joined according to the Law of Ukraine of June 5, 2003 No. 943-IV (further - the Convention) if other is not provided in appendices to the specified agreements.

5. In this Technical regulation terms are used in such value:

1) issuance - provision of the mobile equipment working under pressure in the market of Ukraine for the first time;

2) use - filling, the temporary storage connected with transportation, emptying and repeated filling of the mobile equipment working under pressure;

3) withdrawal from turnover - any measure directed to prevention of provision in the market of the mobile equipment working under pressure, being in supply chain of such equipment;

4) exclusive check - the procedure regulating conducting the exclusive check determined in appendices to the Agreement on road transportation of goods, the Agreement on transportation of goods by waterways and appendix C to the Convention;

5) the producer - any physical person or legal entity (the resident or the nonresident of Ukraine) which makes the movable equipment working under pressure or charges its development or production and realizes it under the name or trademark (sign for goods and services);

6) response - any action aimed at providing return of the mobile equipment working under pressure which is already provided to the end user;

7) the owner - the physical person or legal entity registered in accordance with the established procedure has the movable equipment working under pressure in property;

8) the state market supervision - activities of bodies of the state market supervision (further - body of market supervision) for the purpose of ensuring compliance of the mobile equipment working under pressure, to the established requirements determined in appendices to the Agreement on road transportation of goods, the Agreement on transportation of goods by waterways, appendix C to the Convention and in this Technical regulation and also ensuring lack of threats to public concerns;

9) the importer - any physical or legal resident person of Ukraine who introduces into circulation in the market of Ukraine the movable equipment working under pressure, origin from other country;

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