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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 2, 2016 No. 1289

About approval of the Technical regulation about individual protection equipment

Based on provisions of Article 18 and line item of the 7th appendix No. 3 to the Law No. 235 of December 1, 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 and amendments, DECIDES: the Government

1. Approve the Technical regulation about individual protection equipment it (is applied).

2. Before agreement signature about assessment of conformity and the acceptability of manufactured goods between the Republic of Moldova and the European Union:

1) ensuring presence in the market of the individual protection equipment marked by the mark of conformity of SM (Standart moldovenesc) applied according to Law No. 235 provisions of December 1, 2011 on activities for accreditation and assessment of conformity is allowed;

2) application of the sign SM by the producer or his authorized representative – the legal entity having the location in the Republic of Moldova is allowed in case assessment of conformity of the individual protection equipment intended for the national market is performed by acknowledged conformity assessment bodies by use of the procedures provided by Chapter V of the Technical regulation about individual protection equipment.

It is forbidden in the conditions provided by this resolution, simultaneous drawing on the same individual protection equipment of mark of conformity of SM and marking of SE (conformitate europeana);

3) requirements to the notified conformity assessment bodies are applied also to acknowledged conformity assessment bodies.

When implementing procedures for assessment of conformity the acknowledged bodies performing assessment of conformity of individual protection equipment constitute the test certificate of standard sample;

4) the procedure of the notification is to the similar procedure of recognition;

5) the list of acknowledged bodies, specific requirements for which they were acknowledged, and their identification numbers affirms and staticized by the order of the Minister of Internal Affairs. The list is published in the Official monitor of the Republic of Moldova;

6) provisions of this resolution to marking of SE are applied also to the sign SM.

3. Obligations of the producer, his authorized representative, the importer or the distributor, legal entities with the location in the Republic of Moldova concerning the individual protection equipment which is present at the market to which the sign SM is applied correspond to the obligations provided by this resolution for individual protection equipment with marking of SE.

4. To impose control over the implementation of this resolution on the Ministry of Internal Affairs.

5. This resolution becomes effective after 24 months from the date of publication in the Official monitor of the Republic of Moldova.

6. From the date of entry into force of this resolution to declare invalid the paragraph third the Orders of the Government No. 138 of February 10, 2009. "About approval of some technical regulations" (The official monitor of the Republic of Moldova, 2009, Art. No. 51-52, 218), and also appendix No. 2 to it.

Prime Minister

Paweê Phillip

Countersign:

deputy. Prime Minister, Minister of Foreign Affairs and European Integration

 

Andrey Galbur

Minister of Internal Affairs

Aleksandra Zhizdan

Minister of Justice

Vladimir Chebotar

 

Approved by the Order of the Government of the Republic of Moldova of December 2, 2016, No. 1289

The technical regulation about individual protection equipment

I. General provisions

1. The technical regulation about individual protection equipment (further – the Technical regulation) shifts the Directive of the European community 89/686/EEC of December 21, 1989 about rapprochement of the legislation of state members in the field of individual protection equipment published in the Official magazine of the European Union No. L 399 of December 30, 1989.

2. This Technical regulation determines the conditions regulating revenues to the market of individual protection equipment (further – SIZ), and also the main requirements to their safety which shall be observed for the purpose of ensuring protection of health and safety of users.

3. Technical regulations which contain also other requirements to ensuring protection of users can be published provided that they do not require change of SIZ contradicting provisions of this Technical regulation.

II. Scope

4. This Technical regulation is applied to SIZ determined in the subitem and) Item 6.

5. This Technical regulation is not applied in the relation:

1) SIZ which are subject of other technical regulations providing observance of the same delivery conditions on the market and safety as in this Technical regulation;

2) the SIZ groups specified in the list of the products excluded from appendix No. 1 to this Technical regulation irrespective of the reasons of exception provided in the subitem 1) of Item 5;

3) SIZ provided at trade fairs, exhibitions, etc. provided that it it is accurately declared and that acquisition and/or data application of means in any purposes will be forbidden.

III. Terminology

6. In this Technical regulation the concepts determined in the Law No. 235 of December 1, 2011 on activities for accreditation and assessment of conformity and also the following concepts are used:

a) the individual protection equipment (IPE) – any device or means intended for carrying or application by the person as the protectant from one or several risks for health and safety.

Also treat SIZ:

- complex of devices or objects which were united in single whole for protection of the person against one or more possible simultaneous dangers;

- the combined protection devices or objects, separately or together with individual equipment which has no protective functions, put on or used by the person for the purpose of accomplishment of specific activities;

- the SIZ interchangeable components necessary for satisfactory functioning and used only for this equipment.

Any system placed in the market together with SIZ for its connection with other external additional device is considered component of SIZ even if this system is not intended for permanent carrying or use by the user during the entire period of risk exposure;

b) versions SIZ – the SIZ specific group which differs in the main constructive forms, zones of anatomic protection and functional characteristics;

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