RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of October 3, 2018 No. 802

About approval of the Technical regulation of explosive materials of industrial function

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 explosive materials of industrial function which is attached.

2. To provide to the ministry of development of economy, trade and agricultural industry implementation of the Technical regulation approved by this resolution.

3. Determine that provision in the market of explosive materials of industrial function which were introduced into circulation about day of entry into force of this resolution and than two years from the date of entry into force of this resolution are in circulation no more, it cannot be forbidden or limited in connection with discrepancy of such explosive materials to requirements of the Technical regulation approved by this resolution.

4. In Item 13 of the list of types of products by which bodies of the state market supervision exercise the state market supervision, the Cabinet of Ministers of Ukraine approved by the resolution of December 28, 2016 No. 1069 (The Official Bulletin of Ukraine, 2017, No. 50, of the Art. 1550), in the column "The Name of the Regulatory Legal Act Which Action Extends to the Corresponding Type of Products" of the word "the Law of Ukraine "On general safety of non-food products" shall be replaced with words also in figures "the resolution of the Cabinet of Ministers of Ukraine of October 3, 2018 No. 802 "About approval of the Technical regulation of explosive materials of industrial function".

5. 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 October 3, 2018 , No. 802

Technical regulation of explosive materials of industrial function

General provisions

1. This Technical regulation establishes requirements to explosive materials of industrial function, carrying out assessment procedure of compliance to such requirements, ensuring their provision in the market and to supervision of them (further - explosive materials).

2. This Technical regulation is developed on the basis of the Directive 2014/28/EU of the European Parliament and Council of February 26, 2014 about harmonization of the legislation of state members concerning provision in the market and supervision of explosive materials of industrial function.

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

1) the explosive materials intended for military and special use;

2) pyrotechnic products to which action of the Technical regulation of pyrotechnic products approved by the resolution of the Cabinet of Ministers of Ukraine of August 3, 2011 No. 839 (The Official Bulletin of Ukraine, 2011, No. 60, of the Art. 2416) extends;

3) ammunition, except as specified, provided by Items 33 - the 35th this Technical regulation.

Appendix 1 contains not exhaustive list of the pyrotechnic products and ammunition specified in the subitem 2 presents of Item, the subitem 3 of item 4 of this Technical regulation, constituted according to Recommendations of the UN about transportation of dangerous goods.

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

1) safety - prevention of use of explosive materials which contradicts the law and threatens public order;

2) safety - prevention of accidents, and also control of consequences of such cases in case it was not succeeded to prevent them;

3) ammunition - the shells equipped or not equipped with propellant powder, and not loaded ammunition used in portable firearms, other firearms and artillery weapon;

4) issuance - provision of explosive material in the market of Ukraine for the first time;

5) explosive materials - explosives, the means of their initiation, product and the device which are explosive (in sense of Recommendations of the UN of transportation of dangerous goods) also fall under action of class of 1 Recommendations;

6) withdrawal from turnover - any measure directed to prevention of provision in the market of explosive material which is in products supply chain;

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

8) the producer - any physical person or legal entity (the resident or the nonresident of Ukraine) which makes explosive material or charges its development or production also realizes explosive material under the name or the trademark, or uses it for own purposes;

9) 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 is published in the Official Bulletin of the European Union;

10) mark of conformity to technical regulations - marking by means of which the producer specifies that explosive material conforms to the requirements to it determined in technical regulations which provide drawing marking;

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

12) provision in the market - any paid or free delivery of explosive material for distribution or use in the market of Ukraine in the course of implementation of economic activity;

13) conformity assessment body - the company, organization, the organization or their structural division performing activities for assessment of conformity including testing, certification and inspection;

14) assessment of conformity - process of confirmation of conformity of explosive materials to the essential requirements for safety established in this Technical regulation;

15) transportations - any physical movement of explosive materials along certain route in the territory of Ukraine, except for movements within certain place (the territory of the subject of managing);

16) the distributor - any other, than the producer or the importer, physical person or legal entity in supply chain of explosive materials which presents them at the market of Ukraine;

17) the technical specification - the document establishing technical requirements to which there shall correspond explosive material;

18) the authorized representative - any physical or legal person - the resident of Ukraine, the written order having from the producer to be effective from his name concerning the tasks determined in the order;

19) unique identification - drawing on explosive material of universal sign of goods - barcode and/or matrix code.

In this Technical regulation the term "company" is used in the value given in the Economic code of Ukraine; the terms "module of assessment of conformity", "body which appoints", "compliance presumption", "appointment", "risk", "technical regulation" are used in the value given in the Law of Ukraine "About technical regulations and assessment of conformity"; the terms "inadequate application of mark of conformity to technical regulations", "body of the state market supervision" - in the value given in the Law of Ukraine "About the state market supervision and control of non-food products"; the term "products supply chain" - in the value given in the Law of Ukraine "About general safety of non-food products"; the term "national standard" - in the value given in the Law of Ukraine "About standardization"; the term "license" - in the value given in the Law of Ukraine "About licensing of types of economic activity"; the term "information" is used in the value given in the Law of Ukraine "About information".

Free circulation

5. Provision in the market of explosive materials which conform to requirements of this Technical regulation cannot be forbidden, limited or complicated.

Provision in the market

6. Explosive materials can be provided in the market in case of compliance to requirements of this Technical regulation.

Obligations of producers

7. Producers during issuance of explosive materials or use them for the own purposes guarantee that they are designed and made according to essential to requirements to safety, determined in appendix 2.

8. Producers constitute the technical documentation determined in appendix 3, and will see off or charge to the authorized representative carrying out assessment procedure of compliance of explosive materials according to Item 43 of this Technical regulation.

If compliance of explosive materials to requirements which are applied to them is proved by assessment procedure of compliance, producers constitute the declaration of conformity and put mark of conformity to technical regulations.

9. Producers store technical documentation and the declaration of conformity within 10 years from the moment of issuance of explosive materials.

10. Producers provide application of the procedures necessary for ensuring compliance of serial production of explosive materials to requirements of this Technical regulation. Changes in characteristics of explosive materials and change in the national standards determined in Item 42 of this Technical regulation, or in other technical specifications by the reference to which are considered compliance of explosive materials is declared.

11. Producers guarantee that explosive materials which they introduced into circulation have identification which corresponds to single system of the identification and tracking of explosive materials determined in Items 36 - the 38th this Technical regulation.

For the explosive materials excluded from the specified system, producers shall:

guarantee that designations of type, batch number or serial number or other element which allow to perform their identification were applied on explosive materials which are introduced into circulation. In case because of the small size, form drawing the corresponding designation is impossible, necessary information is specified on packaging or in the document accompanying explosive materials;

specify on explosive materials the name, the registered commercial name or registered trademark (sign for goods and services) and the contact postal address to which it is possible to contact the producer. The address shall specify one place in which it is possible to address the producer. In case designation of the relevant information is impossible, necessary information is specified on packaging or in the document accompanying explosive materials. Contact information is specified in the language clear to the consumer (user) and body of the state market supervision.

12. Producers guarantee what to the explosive materials introduced by them into circulation was instructions and information concerning security measures which are constituted in the language clear to the consumer (user) and body of the state market supervision are included. The specified instructions and information on security measures shall be accurate and clear.

13. Producers which consider that explosive materials which they introduced into circulation do not conform to requirements of this Technical regulation take the adjusting measures necessary for reduction of such explosive materials in compliance with requirements of this Technical regulation, their withdrawal from the address or response. If the specified explosive materials represent risk, producers report about it to relevant organ of the state market supervision and submit it information, in particular about discrepancy of such explosive materials to requirements of this Technical regulation and the taken adjusting measures.

14. Upon the demand of body of the state market supervision producers provide it information and documentation (in paper or electronic form), the compliance of explosive materials to requirements of this Technical regulation, necessary for demonstration, constituted in state language. Producers shall cooperate with body of the state market supervision concerning taking measures for avoidance of risks which represent the explosive materials introduced by them into circulation.

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