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ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 28, 2016 No. 1407

About approval of the Technical regulation about the equipment and protective systems, held for use in potentially explosive environments

Based on provisions of Article 18 and line item of the 14th appendix 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 the equipment and protective systems, held for use in potentially explosive environments it (is applied).

2. This resolution becomes effective after 24 months from the date of publication in the Official monitor of the Republic of Moldova, except for Items 63, of 87, of 90, of 91, of 94, 96-99 Technical regulations about the equipment and protective systems, held for use in potentially explosive environments which will become effective from signature date of the Agreement on assessment of conformity and applicability of industrial output between the Republic of Moldova and the European Union.

3. Before agreement signature on assessment of conformity and applicability of industrial output between the Republic of Moldova and the European Union:

1) provision in the market of the equipment and protective systems, held for use in potentially explosive environments marked by the mark of conformity of SM put according to Law No. 235 provisions of December 1, 2011 on activities for accreditation and assessment of conformity is allowed;

2) the producer or his authorized representative, the legal entity with the location in the Republic of Moldova, puts the sign SM in case assessment of conformity concerning the equipment and protective systems, held for use in potentially explosive environments in the national market, is performed by acknowledged conformity assessment bodies of the Ministry of Economics by use of the procedures provided in Section 2 of Chapter VI of the Technical regulation on the equipment and protective systems held for use in potentially explosive environments.

It is forbidden in the conditions provided by this resolution, simultaneous drawing on the same equipment and protective systems held for use in potentially explosive environments of mark of conformity of SM and marking of SE;

3) to the Ministry of Economics to recognize bodies which perform assessment of conformity of the equipment and protective systems, held for use in potentially explosive environments, in the national market, according to the provisions provided in Section 2 of Chapter VI of the Technical regulation on the equipment and protective systems, held for use in potentially explosive environments;

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

When holding procedures for assessment of conformity the acknowledged bodies performing assessment of conformity concerning the equipment and protective systems, held for use in potentially explosive environments constitute the test certificate of standard sample;

5) the procedure of notification corresponds to the procedure of recognition;

6) the list including acknowledged conformity assessment bodies for which specific tasks were acknowledged and their identification numbers affirm and updated by the order of the Minister of Economic Affairs which is published in the Official monitor of the Republic of Moldova.

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

4. Obligations of the producer, his authorized representative, the importer or the distributor, legal entities with the location in the Republic of Moldova, concerning the equipment and protective systems, held for use in potentially explosive environments, entered on the market under the sign of SM, correspond to those that are provided by this resolution for the equipment and protective systems, held for use in potentially explosive environments with marking of SE.

5. Declare invalid appendix No. 3 to the Order 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).

6. To impose control over the implementation of this resolution on the Ministry of Economics

Prime Minister

Paweê Phillip

Countersign:

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

 

Andrey Galbur

deputy. Prime Minister, Minister of Economic Affairs

Octavian Kalmyk

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 26, 2016, No. 1407

The technical regulation about the equipment and protective systems, held for use in potentially explosive environments

I. General provisions

1. This Technical regulation about the equipment and protective systems, held for use in potentially explosive environments (further – the Technical regulation), partially shifts the Directive 2014/34/EU of the European parliament and Council of February 26, 2014 about harmonization of the legislation of member countries in the field of the equipment and protective systems, held for use in potentially explosive environments, L96 published in the Official magazine of the European Union of March 29, 2014.

II. Scope

2. This Technical regulation is applied to the following products:

1) the equipment and protective systems, held for use in potentially explosive environments;

2) the protection devices controlling and adjusting, held for use outside potentially explosive environments, but which are necessary or are used for normal functioning of the equipment and protective systems in the field of risks of explosion;

3) the components intended for inclusion in the equipment and the protective systems specified in the subitem 1) of Item 2.

3. This Technical regulation is not applied to:

1) to medical devices, held for use in the medical circle;

2) to the equipment and protective systems if the risk of explosion proceeds only because of availability of explosive substances or unstable chemical compounds;

3) to the equipment, held for use in house and non-commercial circles in which potentially explosive environment, except for exceptional cases, and only as a result of emergency leakage of combustible gas cannot be created;

4) to individual protection equipment which falls under actions of the Technical regulation about individual protection equipment approved by the Order of the Government No. 1289 of December 12, 2016. (Official monitor of the Republic of Moldova, on December 9, 2016, Art. No. 423-429, 1388);

5) to ocean ships and mobile coastal units, as well as to the equipment which is onboard these courts or units;

6) to vehicles, for example, to the cars and trail cars intended only for transportations of passengers air road, by rail or on water, including the vehicle, in that degree in which they are intended for transportation of freights air, automobile, railway or the waterway. Transport, held for use in potentially explosive environment, is not excluded from scope of this Technical regulation.

7) to arms, ammunition and military materials.

III. Determinations

4. Within this Technical regulation the determinations provided by the Law No. 235 of December 1, 2011 on activities for accreditation and assessment of conformity are used (The official monitor of the Republic of Moldova, on March 7, 2012, Art. No. 46-47, 136), as well as the below-stated determinations:

1) the equipment – machines, the equipment, stationary or portable devices, components and monitors and control, the detection system and the prevention which separately or are jointly intended for generation, transfer, storage, measurement, control and transformation of energy and/or processing of materials and which are capable to cause explosion by means of own potential sources of ignition;

2) protective systems – devices, except for equipment components, intended for instant suppression of explosion and/or restriction of its effective radius and which are introduced into circulation in the market for use as self-contained system units;

3) components – any essential elements necessary for safe functioning of the equipment and protective systems, but which have no independent application;

4) the explosive atmosphere – air mix, under atmospheric conditions, combustible substances in the form of gases, vapors, fog or dust in which after ignition, burning extends to all amount of not burned down mix;

5) potentially explosive atmosphere – the atmosphere which can become explosive owing to local and operational conditions;

6) the group I equipment – the equipment intended for application in underground developments of mines or in land installations of such mines which can be dangerous because of firedamp and/or coal dust, including the equipment of categories M 1 and M 2, established according to appendix No. 1;

7) the group II equipment – the equipment, held for use in other places in which the threat of emergence of the explosive environment, the including equipment of categories 1, 2 and 3, according to appendix No. 1 is possible;

8) category of the equipment – the classification of the equipment in each group of the equipment established in appendix No. 1, proceeding from the necessary level of safety which shall be provided;

9) proper use – use of product by the method ordered by the producer by assignment to the equipment of specific group or category or by provision of all information necessary for safe functioning of protective system, the device or component.

IV. Introduction of products on the market, provision in the market and commissioning

5. Products can be provided on the market, are entered on the market and put into operation only if installation and content are executed correctly and are used according to the ordered appointment, and also correspond to this Technical regulation.

6. In addition to the specified requirements in this Technical regulation also other requirements necessary for ensuring protection of persons, in particular the workers using the corresponding products can be established provided that it does not assume changes of products which contradict provisions of this Technical regulation.

7. Products which do not correspond to this Technical regulation cannot be provided at fairs, exhibitions and the presentations provided that on the established panel it will be accurately specified that these products do not correspond to this Technical regulation, and its sale is forbidden until reduction in compliance by the producer. During representations it is necessary to take adequate measures of safety for ensuring protection of people.

8. Products conform to the main safety requirements and protection of health established in appendix No. 2, according to appointment.

9. Provision or putting into operation of products in the territory of the republic which corresponds to provisions of this Technical regulation cannot be forbidden, limited or suspended.

V. Obligations of economic agents

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