ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of February 23, 2022 No. 109

About approval of the Technical regulation about the equipment using gaseous fuel

Based on part (1) Article 25 and article 30 of the Law No. 235/2011 on activities for accreditation and assessment of conformity (The official monitor of the Republic of Moldova, 2012, Art. No. 46-47, 136), with subsequent changes, DECIDES: the Government

1. Approve the Technical regulation about the equipment using gaseous fuel it (is applied).

2. Ministry of Economics:

1) it is appointed the body responsible for coordination of implementation of regulations of the Technical regulation on the equipment using gaseous fuel;

2) it is appointed the notifying body responsible for establishment and performing procedures, necessary for assessment and notification of conformity assessment bodies, and for monitoring of notified bodies, including for compliance to provisions of Items 103-111 of the Technical regulation on the equipment using gaseous fuel;

3) recognizes for the purpose of notification bodies which carry out assessment of conformity of the equipment and the devices using gaseous fuel, intended for the national market according to the procedures established in Chapter III of the Technical regulation about the equipment using gaseous fuel. The procedure of notification is performed after the procedure of recognition described in Chapter IV-1 of the Law No. 235/2011 on activities for accreditation and assessment of conformity;

In 6-month time from the date of publication of this resolution develops 4) and approves the list of the national standards accepted for the purpose of harmonization with the European standards, references to which were published in the Official magazine of the European Union.

3. Appoint the State inspectorate for supervision of non-food products and consumer protection.

4. This resolution becomes effective after 12 months from the date of publication in the Official monitor of the Republic of Moldova, except for Item 79, of the subitem 8 of Item 81, of Items 109-111, 119, of 129, of 130, of 136, 139-147 and 151 Technical regulations about the equipment using gaseous fuel which will become effective from the effective date the law on ratification of the Agreement on assessment of conformity and the acceptability of manufactured goods between the Republic of Moldova and the European Union, the protocol to the Agreement on association between the Republic of Moldova, on the one hand, both the European Union and European Atomic Energy Community and their state members, on the other hand.

5. Before entry into force of the law on ratification of the Agreement on assessment of conformity and the acceptability of manufactured goods between the Republic of Moldova and the European Union:

1) presence in the market and commissioning of the equipment using gaseous fuel and the devices with marking of compliance of SM applied according to provisions of the Law No. 235/2011 on activities for accreditation and assessment of conformity accompanied with the copy of the declaration of conformity is allowed;

2) regulations of the Technical regulation on the equipment using gaseous fuel concerning marking of SE and the declaration of the EU on compliance are applicable to the same extent to marking of compliance of SM and the declaration of conformity;

3) the producer or his authorized representative with the location in the Republic of Moldova puts marking of compliance of SM in case assessment of conformity of the equipment using gaseous fuel, and the devices intended for the national market is performed by acknowledged conformity assessment bodies with use of the procedures established in Chapter III of the Technical regulation about the equipment using gaseous fuel;

4) availability of marking of SE on the equipment or the device excludes need of drawing marking of compliance of SM on them;

5) requirements to notified conformity assessment bodies are applied also to the acknowledged conformity assessment bodies having similar legal status according to provisions of the Law No. 235/2011 on activities for accreditation and assessment of conformity. When holding procedures for assessment of conformity the acknowledged bodies performing assessment of conformity of the equipment using gaseous fuel and devices constitute the test certificate of standard sample;

6) the list of acknowledged conformity assessment bodies, specific tasks for which they were acknowledged and their identification numbers is kept by the National center of accreditation (MOLDAC) and published on its official web page.

6. Obligations and responsibility of economic agents, legal entities with the location in the Republic of Moldova concerning the equipment using gaseous fuel, and the devices brought to the market and put into operation with marking of compliance of SM and accompanied with the copy of the declaration of conformity are identical the provided Technical regulation about the equipment using gaseous fuel for the equipment and devices with marking of SE accompanied with the declaration of the EU on compliance.

7. From the effective date this resolution to declare invalid the Order of the Government No. 1329/2016 about approval of the Technical regulation "Gas-account Devices" (The official monitor of the Republic of Moldova, 2016, Art. No. 441-451, 1417), with subsequent changes.

Approved by the Order of the Government of the Republic of Moldova of February 23, 2022, No. 109

The technical regulation about the equipment using gaseous fuel

This Technical regulation shifts Regulations of the European Parliament and Council of the European Union 2016/426/EU of March 9, 2016 about the equipment using the burned gaseous fuel and about cancellation of the Directive 2009/142/EC (extends to EEP), published in the Official magazine of the European Union, series L 81 of March 31, 2016.

Chapter I General requirements

Section 1 Subject and scope. Determinations

1. This Technical regulation about the equipment using gaseous fuel establishes legal and institutional bases for removal on the market and commissioning of the equipment using gaseous fuel (further - the equipment).

2. This Technical regulation extends to the equipments and devices, new to the market of the Republic of Moldova, in case of their removal on the market, on made by the producer with the location in the Republic of Moldova, and also on the new or used, or recovered equipments and devices imported from the third country.

3. In sense of this Technical regulation the equipment is considered "used for designated purpose" in case of observance of the following conditions:

1) it is properly established and regularly there takes place servicing according to instructions of the producer;

2) it is used with limiting observance of fluctuations of quality characteristics of gas and limiting fluctuations of pressure in the systems of supply of gas installed in regulating documents on construction;

3) it is used according to expected appointment or reasonably expected method.

4. These Regulations are not applied to the equipment, specially developed:

1) for use in industrial processes on industrial enterprises;

2) for use on aircrafts and in railway service;

3) for temporary use in laboratories in the research purposes.

For the purposes of this Item the equipment is considered "specially developed" if it is designed only for permission of special needs for certain process or in case of certain use.

5. If the questions connected with the equipment or devices falling under action of this Technical regulation more are specifically regulated by other regulations which shift the harmonizing legislation of Community, this Technical regulation on these aspects is not applied to the specified equipments or devices or its application stops.

6. The essential requirement about rational energy use established in Item 3.5 of appendix 1 to this Technical regulation does not extend to the equipment falling under action of the measures taken according to part (1) article 9 of the Law No. 151/2014 on requirements to ecological designing of energy-requiring products.

7. This Technical regulation does not mention the obligation on taking measures in the field of stimulation of energy use from renewable sources and energy efficiency of buildings according to the Law No. 10/2016 on promotion of energy use from renewable sources, the Law No. 128/2014 on energy efficiency of buildings, the Law No. 139/2018 on energy efficiency and the Law No. 92/2014 on heat energy and promotion of cogeneration.

8. For the purposes of this Technical regulation the terminology determined by the Law No. 235/2011 on activities for accreditation and by assessment of conformity, the Law No. 7/2016 on supervision of the market concerning realization of nonfood products and also the stated below determinations are applied:

the equipment - the equipment using the burned gaseous fuel, used for cooking in refrigeration units, for air conditioning, heating of rooms, heating of water, lighting or washing, and also torch with forced movement of air and the heating elements equipped with such torches;

devices - the devices ensuring safety, management or adjustment, and also the component parts for the specified devices intended for embedding in the equipment or connections among themselves for creation of the equipment;

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

family of gases - groups of gaseous fuel with similar properties of burning, connected by general interval of value of number of Vobbe;

group of gases - certain interval of value of number of Vobbe within separate family of gases;

Vobbe's number - the indicator of interchangeability of gaseous fuel used for comparison of the developed heat of combustion of gaseous fuel, different on structure, in the equipment;

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