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RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of April 28, 2021 No. 432

About approval of the Technical regulation of restriction of use of lead in paints and varnishes and input products

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 restriction of use of lead in paints and varnishes and input products which is attached.

2. To provide to the ministry of environment protection and natural resources implementation of the Technical regulation approved by this resolution.

3. Determine that the paints and varnishes and input products introduced into circulation before entry into force of this resolution and which are not conforming to all or separate requirements of this Technical regulation can be provided in the market within one year from the effective date of this resolution.

4. Bring in the list of types of products concerning 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, of Art. 1550; 2020, No. 88, the Art. 2830), change which is applied.

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

Prime Minister of Ukraine

D. Shmygal

Approved by the Resolution of the Cabinet of Ministers of Ukraine of April 28, 2021, No. 432

The technical regulation of restriction of use of lead in paints and varnishes and input products

1. This Technical regulation establishes requirements for lead use restriction, in particular, of its connections in paints and varnishes and input products, irrespective of their appointment and application, for the purpose of ensuring health protection of the person and protection of the surrounding environment.

2. Action of this Technical regulation extends to paints and varnishes and input products (pigments, pigmentary concentrates on their basis and excipients) which can be used for production of paints and varnishes with lead content. The list of input products with content of lead is given in appendix 1.

3. Action of this Technical regulation does not extend to other requirements, in particular, concerning marking which are determined by the legislation for protection of health of consumers, workers and their working environment.

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

retirement of paints and varnishes and input products with lead content - any action directed to prevention of hit of paints and varnishes and input products with content of lead on any market which is in chain of their deliveries;

response from the address of paints and varnishes and input products with lead content - any action aimed at providing return of paints and varnishes and input products with lead content which were already provided to the consumer (user);

lead content - the general mass fraction of lead and its connections in terms of lead expressed in mg/kg, in nonvolatile part of paints and varnishes and input products;

mark of conformity to technical regulations - marking by means of which the producer specifies that paints and varnishes or input products conform to requirements which are applied to it and are determined in technical regulations which provide drawing such marking;

paintwork material - product (material) in liquid, Pasto - or powdery form which after drawing on surface forms layer with protective, decorative and/or other special properties;

nonvolatile part of paintwork material - the weight remaining balance received after evaporation. Nonvolatile part of paintwork material is determined according to GSTU ISO 3251;

pigment - dye from particles, insoluble in the applied circle (in particular, in paints and varnishes);

pigmentary concentrate (kolorant) - dispersion of pigments which contains or does not contain other components and is compatible to paints and varnishes which is used for change of color;

film (covering) - continuous layer of the applied paintwork material after its drying and/or hardening which chemical composition corresponds to nonvolatile part of paintwork material;

paintwork material or input product with lead content - paintwork material or input product which content of lead in nonvolatile part exceeds 90 mg/kg on weight;

compounds of lead - any chemical compounds in firm, liquid or gaseous form which meet in natural state or are made by the industry which contain lead in the 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 protection of cultural heritage", "About accreditation of conformity assessment bodies", "About general safety of non-food products", "About consumer protection", "About retirement, conversion, utilization, destruction or further use of low-quality and dangerous products".

5. Extreme value of content of lead in nonvolatile part of paintwork material, in particular, input products (that is its share from total weight of dry film (covering), shall not exceed 90 mg/kg.

For control of limiting respect for value of content of lead in paintwork material and input products the standards and analytical method given in appendix 2 shall be used.

6. Issuance of products to which action of this Technical regulation extends is performed by subjects of managing if in such products content of lead does not exceed its extreme value, stipulated in Item 5th this Technical regulation.

7. The requirements for lead content specified in paragraph one of Item 5 of this Technical regulation are not applied to paints and varnishes and input products of which they are made, on condition of their use only for restoration works, for the purpose of rehabilitation, repair and content of the buildings, works of art or other objects and objects relating to objects of cultural heritage according to the Law of Ukraine "About protection of cultural heritage".

Introduction into circulation of paints and varnishes and/or input products with lead content by the subject of managing is performed on condition of availability marking "DANGEROUSLY: contains lead. Not apply on the surfaces available to children or expectant mothers!".

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