RESOLUTION OF THE CABINET OF MINISTERS OF UKRAINE

of May 24, 2017 No. 355

About approval of the Technical regulation of the radio equipment

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 enclosed:

Technical regulation of the radio equipment;

the actions plan on implementation of the Technical regulation of the radio equipment.

2. In spheres of electronic communications and radio-frequency range to provide to the central executive body implementation of the technical regulation of the radio equipment.

3. Determine that  provision in the market and commissioning for the reasons of discrepancy to requirements of the Technical regulation approved by this resolution of the radio equipment which is introduced into circulation about day of entry into force of this resolution cannot be forbidden or limited and conforms to requirements of the technical regulation of the radio equipment and telecommunication final (terminal) equipment approved by the resolution of the Cabinet of Ministers of Ukraine of June 24, 2009 No. 679 (The Official Bulletin of Ukraine, 2009, No. 50, of the Art. 1705), the technical regulation on electromagnetic compatibility of the equipment approved by the resolution of the Cabinet of Ministers of Ukraine of December 16, 2015 No. 1077 (The Official Bulletin of Ukraine, 2016, No. 2, of the Art. 72), the Technical regulation of low-voltage electric equipment, the Cabinet of Ministers of Ukraine approved by the resolution of December 16, 2015 No. 1067 (The Official Bulletin of Ukraine, 2015, No. 102, the Art. 3526).

3-1. Determine that till December 31, 2019 action of the Technical regulation approved by this resolution does not extend to the radio equipment established and held for use as a part of design of wheel vehicles.

4. Recognize invalid resolutions of the Cabinet of Ministers of Ukraine according to the list which is attached.

5. This resolution becomes effective since April 1, 2018, except the paragraph of third Item 1 of this resolution which becomes effective in six months from the date of publication of this resolution.

Approved by the Resolution of the Cabinet of Ministers of Ukraine of May 24, 2017, No. 355

Technical regulation of the radio equipment

General part

1. This Technical regulation establishes requirements to the radio equipment which is provided in the market and is put into operation in Ukraine irrespective of delivery form, including realization of the radio equipment by remote method.

This Technical regulation is developed on the basis of the Directive 2014/53/EU of the European Parliament and Council of April 16, 2014 about harmonization of the legislation of state members on deliveries to the market of the radio equipment and cancellation of the Directive 1999/5/EU.

2. Action of this Technical regulation does not extend to such radio equipment:

1) the radio equipment which is used by radio fans according to Regulations of amateur radio communication of Ukraine if such equipment is not provided in the market.

It is necessary to consider such which are not provided in the market:

radio sets for assembly which are held for use radio fans;

the radio equipment modified by radio fans for own use;

the radio equipment which is manufactured personally by radio fans for the experimental and scientific purposes connected with amateur radio communication;

2) the ship equipment to which action of the Technical regulation of the sea equipment approved by the resolution of the Cabinet of Ministers of Ukraine of September 5, 2007 No. 1103 (The Official Bulletin of Ukraine, 2007, No. 67, of the Art. 2588) extends;

3) the products of the aircraft equipment determined in Item of 51 part one of article 1 of the Air code of Ukraine and also the equipment of the pilotless aircraft which works only at the frequencies used for aeronautical servicing.

Such equipment does not belong to the radio equipment specified in this subitem:

the radio equipment intended for provision of electronic communication services onboard civil aircrafts and the radio equipment of satellite radio connection which is established on the civil aircraft;

onboard and land means of management systems and data transmission from the unmanned aerial vehicles which are not carried to the state aircraft;

4) the sets made to order which will be used for research only in scientific institutions.

3. Action of this Technical regulation does not extend to the radio equipment which is used only for the purpose of ensuring public safety, defense and safety of the state, protection of frontier, criminal procedure activities, functioning of the joint civil and military system of air traffic management of Ukraine.

4. Action does not extend to the radio equipment to which action of this technical regulation extends:

The technical regulation of the low-voltage electric equipment approved by the resolution of the Cabinet of Ministers of Ukraine of December 16, 2015 No. 1067 (The Official Bulletin of Ukraine, 2015, No. 102, the Art. 3526), except as specified, stated in the paragraph the second Item 6 of this Technical regulation;

The technical regulation on electromagnetic compatibility of the equipment approved by the resolution of the Cabinet of Ministers of Ukraine of December 16, 2015 No. 1077 (The Official Bulletin of Ukraine, 2016, No. 2, the Art. 72), except as specified, stated in paragraph three of Item 6 of this Technical regulation.

5. In this Technical regulation the following basic concepts are used:

1) accreditation of conformity assessment bodies (further - accreditation) the certificate national authority of Ukraine on accreditation of the fact that the conformity assessment body meets the requirements of the national standards harmonized with the corresponding international and European standards, and if necessary to any additional requirements of accreditation in the respective spheres for implementation of certain activities for assessment of conformity;

2) putting into operation - use of the radio equipment to destination the consumer (user) in Ukraine for the first time;

3) introduction into circulation - provision of the radio equipment in the market of Ukraine for the first time;

4) radio equipment type - group of the radio equipment which has identical scope of application to destination;

5) retirement - any action directed to prevention of provision in the market of the radio equipment which is in radio equipment supply chain;

6) the producer - any physical person or legal entity (the resident or the nonresident of Ukraine) which makes the radio equipment or charges its development or production and realizes it the radio equipment under the name or trademark (sign for goods and services);

7) response - any action aimed at providing return of the radio equipment which was already provided to the consumer (user);

8) electromagnetic hindrance - any electromagnetic phenomenon which can worsen functioning of the equipment. Electromagnetic noise, undesirable signal or change in the circle of distribution can be electromagnetic hindrance;

9) mark of conformity to technical regulations - marking by means of which the producer specifies that the radio equipment conforms to requirements which are applied to the radio equipment and are determined in the technical regulations providing drawing such marking;

10) the importer - any physical person or legal entity which is the subject of resident managing of Ukraine and which introduces into circulation in the territory of Ukraine the radio equipment origin from other country;

11) provision in the market - any paid or free delivery of the radio equipment for distribution, consumption or use in the market of Ukraine in the course of implementation of economic activity;

12) national authority on accreditation - national authority of Ukraine on accreditation as it is determined in to Article 6 Law of Ukraine "About accreditation of conformity assessment bodies";

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

14) assessment of conformity - process of the proof that the requirements of this Technical regulation concerning the radio equipment are executed;

15) radiodetermination - determination of location, speed and/or other characteristics of object or receipt of information on such parameters by means of properties of distribution of radio waves;

16) radio communication - the electronic communications performed with use of radio-frequency range;

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