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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of July 4, 2018 No. 814

About approval of the Technical regulation of the devices using gaseous fuel

(as amended on 16-01-2019)

According to part one of 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 devices using gaseous fuel which is attached.

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 devices using gaseous fuel which meet the requirements of the Technical regulation of the devices using gaseous fuel, the Cabinet of Ministers of Ukraine approved by the resolution of September 24, 2008 as No. 856 (The Official Bulletin of Ukraine, 2008, No. 73, of the Art. 2459) and introduced into circulation about day of entry into force of this resolution, cannot be forbidden or limited for the reasons of discrepancy of such devices to requirements of the Technical regulation approved by this resolution.

4. Bring in resolutions of the Cabinet of Ministers of Ukraine of January 19, 2011 No. 35 "About approval of the Technical regulation of safety of the equipment working under pressure" (The Official Bulletin of Ukraine, 2011, No. 5, Art. 246; 2017, No. 8, the Art. 236) and of December 28, 2016 No. 1069 "About approval of the list of types of products by which bodies of the state market supervision exercise the state market supervision" (The Official Bulletin of Ukraine, 2017, No. 50, the Art. 1550) changes which are applied.

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

6. This resolution becomes effective in 15 months 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. 814

The technical regulation of the devices using gaseous fuel

General part

1. This Technical regulation establishes requirements to the devices using gaseous fuel (further - devices), and fittings to them.

This Technical regulation is developed on the basis of Regulations (EU) 2016/426 European Parliament and Council of March 9, 2016 about the devices burning gaseous fuels and cancellation of the Directive 2009/142/EU.

2. For the purposes of this Technical regulation the device is considered "normally operated", in case of observance of the following conditions:

the device is properly established and is regularly served according to instructions of the producer;

the device is operated on condition of the normative changes of quality and normative pressure fluctuation of supply of gas determined by the legislation;

the device is operated to destination or to other expected conditions.

3. Action of this Technical regulation does not extend to the devices which are specially designed:

for use in the industrial processes performed in industrial rooms;

for use on aircrafts and the railroads;

for temporary use in laboratories in the research purposes.

The device is considered "specially designed" when the design is intended only for the solution of specific needs for specific process or operation.

4. If for the corresponding devices or armature of the requirement, established by this Technical regulation, are determined by other technical regulations in more detail, action of this Technical regulation is not applied or its application stops to such devices or fittings regarding the specified requirements.

5. 1 essential requirement of rather rational energy use established in Item 32 appendices is not applied to devices to which action of the technical regulations accepted according to Items 31 - 34 Technical regulations on establishment of system for the determination of requirements for ecodesign of energy-requiring products approved by the resolution of the Cabinet of Ministers of Ukraine of October 3, 2018 No. 804 extends.

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

armature - the safety controls controlling or the control devices and their assembly nodes intended for assembling in the device or assemblies of the device;

commissioning - uses of the device on its appointment as the final consumer (user) in Ukraine for the first time;

introduction into circulation - provision of the device or armature in the market of Ukraine for the first time;

response - any action aimed at providing return of the device which was already provided to the final consumer (user), or armature which was already provided to the producer of the device;

the producer - any physical person or legal entity (the resident or the nonresident of Ukraine) which makes the device or fittings or charges its development or production and realizes such device or armature under the name or trademark or uses the device for own purposes;

withdrawal from turnover - any measure directed to prevention of provision in the market of the device or armature which is in products supply chain;

gaseous fuel - any fuel which at temperature of 15 °C and under pressure of 1 bars is in gaseous state;

the harmonized European standard - the technical specification which has no binding character and is accepted by body of standardization, namely the European committee on standardization (CEN), the European committee on standardization in electrical equipment (CENELEC) or the European institute of telecommunication standards (ETSI), on the basis of the mandate provided by the European Commission according to the established procedure;

burning - process in which gaseous fuel reacts with oxygen which is followed by heat production and light;

group of gases - the specified range of number of Vobbe within which there are certain types of gases;

energy efficiency - ratio between initial performance of the device and the consumed energy;

mark of conformity to technical regulations - marking by means of which the producer informs that the device or fittings conforms to requirements which are applied to them and determined in technical regulations which provide drawing such marking;

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

category of the device - classification of the device by signs of family of gases and/or groups of gases for which the device was designed under the terms of safe burning on the efficiency level which is specified on its marking;

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

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

assessment of conformity - process of the proof that essential requirements of this Technical regulation which concern the device or fittings were executed;

washing - complete process of washing, including drying and ironing;

cooking - process of preparation or heating of food by various methods for consumption with heat utilization;

devices - devices of combustion of gaseous fuel which are used for cooking, chilling, conditioning, heating of rooms, heating of water, lighting or washing, and also torch with forced draft and the heating equipment equipped with such torches;

the industrial room - the room in which production process which safety is regulated by regulatory legal acts on labor protection is performed;

industrial process - production, cultivation, cleaning, conversion, production, production or preparation of materials, plants, animals, animal products, foodstuff or other products for the purpose of their commercial use;

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

family of gases group of gaseous fuel with similar behavior during burning, are connected among themselves by the range of number of Vobbe;

subjects of managing - the producer, the authorized representative, the importer and the distributor;

the technical specification - the document establishing technical requirements to which there shall correspond the device or fittings;

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

Vobbe's number - indicator of interchangeability of gaseous fuels which is used for comparison of the energy which is marked out during combustion in the device of gaseous fuels, various on structure.

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 commissioning

7. Devices can be provided in the market and are put into operation in case in case of normal operation they conform to requirements of this Technical regulation.

8. Armature can be provided in the market only in case it conforms to requirements of this Technical regulation.

Essential requirements

9. Devices and fittings shall conform to the essential requirements established in appendix 1.

Free movement

10. Provision in the market and commissioning in the territory of Ukraine of the devices meeting the requirements of this Technical regulation cannot be forbidden or limited or any other obstacles concerning those aspects which are covered by this Technical regulation are created.

11. Provision in the market in the territory of Ukraine of armature which conforms to requirements of this Technical regulation, cannot be forbidden or limited or any other obstacles concerning those risks which are covered by this Technical regulation are created.

12. Display of devices or armature which do not conform to requirements of this Technical regulation during fairs, exhibitions, demonstrations or other actions is performed in the presence of visible designation on which it is accurately specified that such devices or fittings do not conform to requirements of this Technical regulation and cannot be presented in the market before reduction them in compliance with requirements of this Technical regulation. During demonstration of devices or armature proper measures of safety for protection of persons, pets and property are taken.

Obligations of producers

13. Producers during input of the devices or armature in turnover or uses them in the purposes guarantee that they are designed and made according to the essential requirements established in appendix 1.

14. Producers constitute the technical documentation determined in appendix 2, and will see off or charge to the authorized representative carrying out the corresponding assessment procedure of compliance according to Items 41 - 44 these Technical regulations.

If compliance of the device or armature to requirements which are applied to them was proved by the corresponding assessment procedure of compliance, producers constitute the declaration of conformity and put mark of conformity to technical regulations.

15. Producers store technical documentation and the declaration of conformity within ten years after introduction of the device or armature in turnover.

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