Ukraine EMC regulation in English

CABINET OF MINISTERS OF UKRAINE DECREE

of 16 December 2015 r. number 1077
Kiev

According to Article 5 of the Law of Ukraine "On Technical Regulations and Conformity Assessment", the Cabinet of Ministers of Ukraine resolves:Approved the Technical Regulations on electromagnetic compatibility

1. The technical regulations of EMC equipment supplied.

2. The Ministry of Economic Development and Trade to ensure the implementation of this resolution approved by the Technical Regulations.

3. To establish that the provision on the market and / or commissioning of equipment which meets the requirements of the Technical Regulation on electromagnetic compatibility approved by the Cabinet of Ministers of Ukraine of 29 July 2009 r. Number 785 (Official Bulletin of Ukraine, 2009., Number 58 , p. 2028), and was put into circulation before the effective date of this Resolution shall not be prohibited or restricted by reasons of non-compliance of such equipment with the requirements of the Technical regulation approved by this Resolution.

4. Make the Cabinet of Ministers of Ukraine changes that are added.

5. To declare invalid the decision of the Cabinet of Ministers of Ukraine according to the list attached.

6. This Resolution shall take effect six months after its publication.

Prime Minister of Ukraine	A.YATSENYUK
Ind.21
	APPROVED Cabinet of Ministers of Ukraine of 16 December 2015 r. number 1077

TECHNICAL REGULATIONS
Electromagnetic compatibility Chapeau

1. This Technical Regulation establishes the requirements for the equipment to ensure the provision of equipment in Ukraine, which corresponds to the appropriate level of electromagnetic compatibility.

This technical regulations developed on the basis of Directive 2014/30 / EC of the European Parliament and of the Council of 26 February 2014 on the harmonization of the laws of the Member States relating to electromagnetic compatibility.

2. These Technical Regulations apply to any apparatus or fixed installation.

3. These Technical regulations shall not apply to:

1) radio equipment and telecommunications terminal (terminal) equipment, which is subject to the Technical Regulations of radio equipment and telecommunications final (terminal) equipment approved by the Cabinet of Ministers of Ukraine on June 24, 2009 r. Number 679 (Official Bulletin of Ukraine, 2009., Number 50 , p. 1705);

2) aviation technology products as defined in paragraph 27 of Article 1 of the Air Code of Ukraine;Aircraft components and equipment as defined in paragraph 51 of Article 1 of the Air Code of Ukraine, as well as equipment used to control the aircraft from the ground;

3) radio equipment used by radio amateurs in accordance with the definitions given in the Radio Regulations adopted in accordance with the Charter and the Convention of the International Telecommunication Union ratified the Law of Ukraine of 15 July 1994 r. Number 116/94-VR, except when such equipment is provided on the market.Complete components designed for drawing amateurs and provided the market of radio equipment that has been modified by radio amateurs for their own use are not considered as radio equipment provided by the market;

4) equipment to their physical characteristics:

not able to generate electromagnetic radiation or give rise to electromagnetic radiation exceeding the level at which radio, telecommunications and other equipment functions as intended;

operates without unacceptable degradation of performance in the presence of electromagnetic interference, which usually occur during its intended use;

5) sets of equipment for testing, made to order and are intended for use by experts only for those purposes at the facilities to perform research and development work.

4. In the event that a specific equipment essential requirements set out in Annex 1, were fully or partially by other technical regulations, the technical regulations shall not apply to that equipment in respect of such requirements from the date of entry into force of these technical regulations.

5. This Technical Regulation does not affect the application of the law that regulates issues related to the safety equipment.

6. In this Technical Regulation shall have the following meanings:

1) hardware - any structurally complete device or combination of devices available in the market as a single functional unit, intended for the consumer (user) and can create electromagnetic disturbances or the performance of which may be affected by such disturbance.

For the purposes of this Technical Regulation and equipment are:

components, which are intended for the building of equipment to consumer (user) and can create electromagnetic disturbances or the performance of which may be affected by such disturbances;

Mobile installation - a combination of equipment, and in some cases also other devices designed to move and operate in different places;

2) issuance - provision of equipment in Ukraine for the first time;

3) retirement - any measure aimed at preventing the provision of equipment on the market, which is in the supply chain of products;

4) producer - any natural or legal person (resident or non-resident of Ukraine), which manufactures equipment or instructs its development or manufacture and sells this equipment under his name or trademark;

5) withdrawal - any measure aimed at ensuring the return of apparatus that has already been provided to the consumer (user);

6) European harmonized standard - a standard that is adopted by one of the European standardization organizations on the basis of a request made by the European Commission, and the number and name published in the "Official Journal of the European Union";

7) electromagnetic disturbance - any electromagnetic phenomenon that may damage the operation of equipment.Electromagnetic disturbance may be electromagnetic noise, an unwanted signal or a change in the distribution environment;

8) Electromagnetic environment - all electromagnetic phenomena observed in a particular place;

9) electromagnetic compatibility - the ability to satisfactorily operate the equipment in its own electromagnetic environment without creating intolerable electromagnetic disturbances to other equipment in that environment;

10) immunity - the ability of equipment to function as intended without degradation of performance in the presence of electromagnetic interference;

11) mark of conformity with technical regulations - marking by which the manufacturer indicates that the equipment meets the requirements that apply to the specified apparatus and defined in the Technical Regulations, which provides for the application of the labeling;

12) Importer - any natural or legal person - resident of Ukraine, which enters into circulation in Ukraine equipment originating from another country;

13) providing the market - any paid or free delivery of equipment for distribution, consumption or use on the market of Ukraine in the economic activities;

14) equipment - any equipment or fixed installation;

15) conformity assessment body - a body that conducts conformity assessment activities, including testing, certification and inspection;

16) conformity assessment - the process of proving that the essential requirements of the Technical Regulations relating to equipment, have been met;

17) distributor - any other than the manufacturer or importer, natural or legal person in the supply chain of products, which provides equipment in Ukraine;

18) fixed installation - particular combination of several types of apparatus and, in some cases - other devices compiled, assembled and designed for continuous use at a predetermined location;

19) entities - manufacturer, authorized representative, importer and distributor;

20) technical specification - a document that establishes the technical requirements to be met by the equipment;

21) authorized representative - any natural or legal person - resident of Ukraine which has received written authorization from the manufacturer to act on his behalf in relation to specified tasks in that authorization;

22) safety objectives - aims to protect human life or property.

This Technical Regulation other terms shall have the meaning specified in Laws of Ukraine "On Technical Regulations and Conformity Assessment", "On State market surveillance and control of non-food products", "On general safety of non-food products", "On Standardization".

Providing the market and / or commissioning equipment

7. The equipment can be provided on the market and / or put into operation only when it meets the requirements of this Technical Regulation, provided proper installation, maintenance and intended use.

Free movement of equipment

8. Provision on the market and / or commissioning of equipment in Ukraine, meets the requirements of these Technical regulations shall not be prohibited or restricted for reasons related to electromagnetic compatibility.

9. Compliance with this Technical Regulation should not prevent the public authorities within their powers and according to the laws of special activities related to the commissioning or use of equipment:

1) resolution of existing or predicted problems related to electromagnetic compatibility, in a particular place;

2) ensure the protection of public telecommunications networks or receiving or transmitting stations when using it for security purposes in well-defined bands.

10. Show and / or demonstration of equipment that does not meet the requirements of the Technical Regulations during fairs, exhibitions or similar events carried out in the presence of visible designation, which clearly indicates that such equipment may not be granted on the market and / or commissioned to bring it in line with the requirements of the Technical regulations.Demonstration of this equipment can be performed only if the implementation of appropriate measures to avoid electromagnetic interference.

Essential requirements

11. Equipment must comply with the essential requirements set out in Annex 1.

Obligations of manufacturers

12. Manufacturers of equipment before entering a turn provide its design and manufacturing in compliance with the essential requirements.

13. Manufacturers make technical documentation specified in Appendix 2 or 3, and conduct or instruct the authorized representative of conformity assessment procedures in accordance with paragraph 39 of the Technical Regulations.

If the apparatus requirements applicable to it, has been proven as a result of the said conformity assessment procedure, manufacturers make a declaration of conformity and put mark of conformity with technical regulations.

14. The manufacturers keep the technical documentation and declaration of conformity for 10 years after the introduction of equipment on the market.

15. Manufacturers ensure the application of the procedures required to maintain compliance of serial production requirements of the Technical Regulations.This takes into account changes in equipment design or characteristics and changes in national standards set out in paragraph 38 of the Technical Regulations or other technical specifications by reference to which conformity is declared equipment.

16. Manufacturers provide application designation of the equipment, which they put into circulation, type, lot or serial number or other element that allows it to identify, and in cases where due to the size or nature of the apparatus applying appropriate designation impossible - need information says on its packaging or in a document accompanying this equipment.

17. Manufacturers indicate their name, registered trade name or registered trademarks (for goods and services) and contact email address on the hardware, and in cases where the designation of the information is impossible - on its packaging or in a document accompanying this hardware .The address must indicate a single place where you can be with the manufacturer.Contact details are provided in accordance with the requirements of the law on the use of languages.

18. Manufacturers provide equipment maintenance instructions and information, as defined in paragraphs 48-50 of the Technical Regulations drawn up in accordance with the requirements of the law on the use of languages.These instructions and information, as well as any labeling shall be clear and understandable.

19. Manufacturers who consider or have reason to believe that apparatus which they put into circulation, does not meet the requirements of the Technical Regulations, immediately take restrictive (corrective) measures to bring such equipment in compliance with these requirements, its withdrawal from circulation and / or withdrawal (depending on circumstances).If this equipment presents a risk, manufacturers immediately inform the relevant public market surveillance and fed him details, including non-compliance of such equipment with the requirements of this Technical Regulation and restrictive measures (corrective) measures.

20. At the reasonable request of the public market surveillance manufacturers submit to it all the information and documentation (in paper or electronic form) necessary to demonstrate compliance of equipment with these Technical Regulations.At the request of the body of public market surveillance manufacturers work with him to eliminate the risks of them put into circulation equipment.

Obligations of authorized representatives

21. Producer if necessary on written authorization specifies the authorized representative.

The responsibilities of the manufacturer set out in paragraph 12, and responsibilities of the manufacturer's compilation of technical documentation set out in paragraph 13 of the Technical Regulations, are not subject to orders authorized representative.

22. The authorized representative performs the tasks under the given order, which allows him to at least:

keep the declaration of conformity and technical documentation to assist them on request of public market surveillance for 10 years after the introduction of equipment into circulation;

at the reasonable request of the public market surveillance to provide it with all the information and documentation necessary to demonstrate compliance of equipment with these Technical Regulations;

at the request of the public market surveillance work with him to eliminate the risks of apparatus covered by authorization.

Obligations of importers

23. Importers injected into circulation only equipment that meets the requirements of the Technical Regulations.

24. Before putting the equipment into circulation importers peresvidchuyutsya that the manufacturer made the appropriate conformity assessment procedure set out in paragraph 39 of the Technical Regulations drawn up the technical documentation of the equipment affixed mark of conformity with technical regulations that apparatus accompanied by the necessary documents, as well as that the manufacturer has complied with the requirements set out in paragraphs 16 and 17 of the Technical regulations.

If the importer considers or has reason to believe that the equipment does not meet the essential requirements, it does not introduce into circulation equipment to bring it into line with requirements.If this equipment presents a risk, the importer shall inform the manufacturer and the relevant state market surveillance.

25. Importers indicate their name, registered trade name or registered trademarks (for goods and services) and contact email address on the hardware, and in cases where the application of the relevant information is impossible - on its packaging or in a document accompanying this hardware .Contact details are provided in accordance with the requirements of the law on the use of languages.

26. Importers provide support equipment instructions and information, as defined in paragraphs 48-50 of the Technical Regulations drawn up in accordance with the requirements of the law on the use of languages.

27. Importers while providing equipment under their responsibility to create conditions for its storage or transport, for which there is no danger of non-compliance of apparatus with the essential requirements.

28. Importers who consider or have reason to believe that apparatus which they put into circulation, does not meet the requirements of the Technical Regulations, immediately take restrictive (corrective) measures necessary to bring such equipment in compliance with these requirements, its withdrawal from circulation and / or withdrawal (considering the circumstances).If this equipment presents a risk, importers immediately notify the appropriate government market surveillance and fed him details, including non-compliance of such equipment with the requirements of this Technical Regulation and restrictive measures (corrective) measures.

29. Importers 10 years after the introduction of devices in circulation retain a copy of the declaration of conformity to provide it to the needs of public market surveillance and ensure the possibility of such authorities at their request access to technical documentation.

30. At the reasonable request of the public market surveillance importers provide it with all the information and documentation (in paper or electronic form) necessary to demonstrate compliance of equipment with these Technical Regulations. At the request of the body of public market surveillance importers working with them to address the risks of them put into circulation equipment.

Obligations of distributors

31. Distributors at time of equipment on the market operate according to the requirements of the Technical Regulations.

32. Prior to the equipment on the market distributors hardware to check for the mark of conformity with technical regulations necessary supporting documents, instructions and information, as defined in paragraphs 48-50 of this Technical Regulation, compiled according to the requirements of the law on the use of languages, and performing manufacturer requirements set out in paragraphs 16 and 17, an importer - the requirements of paragraph 25 of the Technical regulations.

If a distributor considers or has reason to believe that the equipment does not meet the essential requirements, it does not provide this equipment on the market to conform to such requirements. If this equipment presents a risk, the distributor shall inform the manufacturer or importer and relevant state market surveillance.

33. Distributors provide equipment while under their responsibility to create conditions for its storage or transport, for which there is no danger of non-compliance of apparatus with the essential requirements.

34. Distributors who consider or have reason to believe that apparatus which they have provided the market does not meet the requirements of the Technical Regulations peresvidchuyutsya in the implementation of restrictive (corrective) measures necessary to bring such equipment in compliance with these requirements, its withdrawal from circulation and / or withdrawal (considering the circumstances). If this equipment presents a risk, distributors immediately notify the appropriate government market surveillance and fed him details, including non-compliance of such equipment with the requirements of this Technical Regulation and restrictive measures (corrective) measures.

35. At the reasonable request of the public market surveillance distributors serve him all the information and documentation (in paper or electronic form) required to demonstrate compliance of equipment with these Technical Regulations. At the request of the body of public market surveillance distributors collaborating with him to eliminate the risks of the market given their equipment.

Cases of imposing obligations on manufacturers importers and distributors

36. If the importer or distributor introduces equipment into circulation under his own name or trademarks (goods and services) or modify already entered into circulation apparatus so that it may affect its compliance with the requirements of this Technical Regulation, it is considered the manufacturer for the purposes of this Technical regulation and shall perform the duties of the manufacturer set out in paragraphs 12-20 of this Technical regulation.

Identification entities

37. Entities serving public market surveillance authorities at their request information that enables you to identify:

any entity that put their equipment;

any entity to which they have put equipment.

The entity shall submit the information specified in this paragraph for 10 years after they were delivered equipment, and 10 years after they set equipment.

The presumption of conformity of equipment

38. The list of national standards that are identical with the harmonized European standards and conformity which provides presumption of conformity with the essential requirements of equipment (hereinafter - the list of national standards), approved and published in accordance with the law.

Compliance with standard equipment included in the list of national standards, or parts thereof provides presumption of conformity of such equipment with the essential requirements set out in Annex 1 covered by such standards or their parts.

Conformity assessment procedures for equipment

39. Compliance with the essential requirements devices have by applying one of the following conformity assessment procedures:

internal production control in accordance with Annex 2;

type examination combined with the conformity to type based on internal production control in accordance with Annex 3.

Manufacturer of their choice may limit the procedure laid down in Annex 3, for certain essential requirements or parts subject to the procedure laid down in Annex 2 for the remaining essential requirements or parts thereof.

Declaration of Conformity

40. In conformity declaration states that the implementation of essential requirements was proven.

41. Declaration of Conformity, which is the form according to Annex 4, containing information specified in Annexes 2 and / or 3, and is constantly updated. The declaration of conformity is the official language, and when it was drafted in another language - translated into the official language.

42. If the equipment covered in several technical regulations that require drawing up a declaration of conformity, is the only declaration of conformity for all of these technical regulations. In a declaration of compliance shall include the relevant technical regulations, including information on their official publication.

The only declaration of conformity can take the form of a dossier consisting of the respective individual declarations of conformity.

43. The manufacturer by means of a declaration of conformity takes responsibility for the conformity of equipment to the requirements of this Technical Regulation.

General principles of CE conformity with technical regulations

44. The mark of conformity with technical regulations applied in accordance with the general principles specified marking sign the law.

Terms and conditions applying mark of conformity with technical regulations

45. The mark of conformity with technical regulations applied to equipment or on its plate with the technical data so that it was visible, legible and indelible. If it is impossible because of the nature or nevypravdanosti equipment application mark of conformity with technical regulations it is applied to the packaging and accompanying documents.

46. ​​The mark of conformity with technical regulations applied before the introduction of equipment on the market.

47. restrictive (corrective) measures in case of improper use of the mark of conformity with technical regulations used in accordance with the law.

Information on the use of equipment

48. The equipment is accompanied by information on any special precautions to be taken during the assembly, installation, maintenance or use of such equipment to provide after its entry into operation of that equipment conformity with the essential requirements set out in paragraph 1 of Annex 1.

49. The equipment for which compliance with the essential requirements set out in paragraph 1 of Annex 1 is not ensured in residential areas, accompanied by a clear indication of this restriction of use, which if necessary also applied to the packaging of the equipment.

50. The instructions that accompany the equipment should be information necessary for use of the equipment for the purpose.

Stationary

51. By the apparatus, which is provided on the market and can be mounted in a permanent installation, apply all relevant requirements for the equipment specified in this Technical Regulation.

For equipment that is designed for a specific building in a permanent installation and is available on the market only for the building of such a permanent installation requirements set out in paragraphs 11-37 and 39-50 of this Technical Regulation are optional.

The equipment that is designed for the building of a specific permanent installation and is available on the market only for the purpose of the building in this patient setting, accompanied by documentation stating about permanent installation and its characteristics EMC and precautions to be taken during the the building of equipment in the inpatient setting to avoid the threat of non-compliance of such a facility. In supporting documentation must also contain the information specified in paragraphs 16, 17 and 25 of the Technical Regulations.

Appropriate engineering practices defined in paragraph 2 of Annex 1, should be documented. Relevant records kept by the person referred to in paragraph 53 of the Technical Regulations to provide at the request of the public authorities for market surveillance checks over the life of permanent installation.

52. If there is evidence of non permanent installation, particularly when there are complaints about the noise generated by this unit, the relevant state market surveillance may require evidence of compliance with the said permanent installation and if necessary start the test.

In case of non permanent installation market surveillance authority of the state shall take appropriate measures to bring such a permanent installation in conformity with the essential requirements.

53. The responsibility for determining compliance with the essential requirements permanent installation rests with the person who is operating it (its operator).

Appointment of conformity assessment bodies

54. Appointment of conformity assessment bodies to carry out a third-party conformity assessment tasks under this Technical regulations made under the Act.

55. Designated conformity assessment bodies (hereinafter - notified bodies) must meet the general requirements established by law and the special requirements set in paragraphs 56-63 of this Technical Regulation.

Special requirements for designated authorities

56. The conformity assessment body shall be a third party independent of the organization or equipment, he estimates.

Conformity assessment body owned corporate rights which is an association of entrepreneurs representing entities and / or individuals - entrepreneurs involved in the design, manufacture, supply, assembly, use or maintenance of apparatus which evaluates a body can considered a third party provided proof of the independence of this body and the absence of any conflict of interest.

57. The conformity assessment body, its manager, deputy manager and personnel responsible for tasks conformity assessment must not be manufacturers, importers, distributors, buyers, owners or users responsible for the maintenance of equipment, which they estimate or representatives of any -yakoyi of these parties to carry out work of construction, design of equipment, which they estimate or representatives of the parties. This requirement does not preclude use of evaluated equipment, which is necessary for conformity assessment body or the use of such apparatus for personal purposes.

Conformity assessment bodies, its manager, deputy manager and personnel responsible for tasks conformity assessment must not be directly involved in the design, manufacture or design, implementation, installation, use or maintenance of apparatus which they assess, or represent the parties participating in this activity. They should not conduct any activities that may conflict with their independence of judgment or integrity in respect of the conformity assessment procedure for which they are appointed or appointed. This requirement in particular concerns the provision of counseling.

Conformity assessment bodies should be involved to enforce their subsidiaries or subcontractors that they are involved in the works of the conformity assessment requirements for confidentiality, objectivity or impartiality of conformity assessment these bodies.

58. The conformity assessment body and its personnel must carry out conformity assessment activities at the appropriate level and be technically competent in a particular area, free from any pressure and inducements, particularly financial, which might influence the results of their conformity assessment .

59. The conformity assessment body must be able to perform tasks in accordance with Annex 3 and the tasks for which he was appointed or designated, whether these tasks are carried out or directly conformity assessment body or on his behalf and under his responsibility .

Conformity assessment body at any time and for each conformity assessment procedure and each kind or category of devices for which it was assigned or appointed, shall be required:

own and / or attracted qualified and experienced staff to perform the tasks of conformity assessment;

descriptions of procedures according to which conformity assessment performed to ensure the transparency and reproducibility of those procedures. Conformity assessment body shall take appropriate documents (policies, procedures, guidelines, etc.), as well as procedures that allow to distinguish between the tasks that it performs as a notified body and other activities;

procedures for the exercise of conformity assessment, taking into account the industry in which the company operates that orders of conformity assessment bodies, its characteristics, such as structure, complexity of production technology and appropriate equipment mass or serial nature of the production process.

Conformity assessment bodies should have the right of ownership of the means necessary to perform the proper level of technical and administrative tasks of conformity assessment, as well as access to all necessary equipment or other material-technical base.

60. The personnel responsible for tasks conformity assessment must have:

technical and vocational training for the exercise of conformity assessment in relation to which conformity assessment body appointed or been assigned;

knowledge of the requirements relating to the conformity assessments they carry out and the appropriate authority to carry them out;

knowledge essential requirements set out in Annex 1, the list of standards with national standards applicable and relevant provisions of the legislation of Ukraine and the EU on the conditions of circulation of the equipment, which he estimates;

skills of certificates, protocols and reports that confirm the assessment of conformity.

61. The conformity assessment body provides the impartiality of its managers, deputy managers and staff responsible for the tasks of conformity assessment.

Payment of the head and deputy head of the conformity assessment body and its personnel responsible for tasks conformity assessment should not depend on the number of conformity assessments or their results.

62. Staff conformity assessment body must keep commercial secrets in relation to all information obtained in the performance of tasks in accordance with Annex 3, with the exception of the provision in cases specified by law relevant competent authorities, and to protect property rights of economic entities in their own information .

63. The conformity assessment body must participate in relevant activities of standardization or to ensure awareness of their personnel responsible for tasks conformity assessment of such activities.

Designed authorities should participate in relevant activities of sectoral groups designated conformity assessment bodies in accordance with paragraph 76 of the Technical Regulations provide awareness of the personnel responsible for tasks conformity assessment of such activities, and shall carry out activities on the basis of documents prepared by results of this group, as a general guideline.

The involvement of designated bodies subcontractors and subsidiaries

64. If the designated authority engages in the specific activities related to conformity assessment, subcontractor or a subsidiary, it confirms that the said subcontractor or a subsidiary of a legal person (resident or non-resident of Ukraine), concluded (entered into) contract mandatory professional liability insurance for damage that may be caused to third parties and meets the special requirements set out in paragraphs 56-63 of this Technical regulation (apart from participation in sectoral group of designated authorities) and notified the authority that appoints .

65. Designated authorities are responsible for the work performed by subcontractors or subsidiaries, regardless of their location.

66. subcontractor or the subsidiary may be involved in the performance of conformity assessment only with the consent of the customer.

67. Designated authorities keep requests to provide the body which appoints the relevant documents concerning the evaluation of training involved subcontractors or subsidiaries and the work performed by them in accordance with Annex 3.

Obligations of designated authorities on their activities

68. Designated authorities assess conformity with the conformity assessment procedures set out in Annex 3.

69. Conformity assessment is carried out without imposing unnecessary burdens on undertakings given industry in which the company operates that orders of conformity assessment bodies, its characteristics, such as structure, complexity of production technology and appropriate equipment mass or serial nature of the production process .

This designated authorities adhere degree of rigor and level of protection that are necessary to meet the equipment requirements of the Technical Regulations.

70. If the notified body finds that the manufacturer were not met the basic requirements of the relevant standards or included in the list of national standards or other technical specifications specified authority requires the manufacturer to take appropriate corrective measures and does not issue a certificate.

71. In the event that during the monitoring of compliance after the issuance of the certificate by the designated authority found that the equipment no longer meets the essential requirements, it requires the manufacturer to take appropriate corrective measures and, if necessary suspends or revokes the certificate.

72. If the corrective measures are not taken or they did not give the required results, the designated authority as the case should limit the scope of, suspend or cancel any certificates.

Appeals against decisions of appointed

73. Presentation and consideration of appeals against decisions of appointed pursuant to law.

Obligations of designated authorities to provide information

74. The designated authority shall inform the authority that appoints of:

refusal to grant, limitation of scope, suspension or cancellation of certificates;

circumstances affecting the scope and terms of appointment of such bodies;

requests for information on conformity assessment activities obtained by them from the state market surveillance.

At the request of the body which appoints the designated authorities also informed him of the conformity assessment activities shall be conducted within the scope of their purpose and any other activities, including cross-border contracts and subcontract work.

75. The designated authority shall provide the other conformity assessment bodies, which are designed in accordance with the technical regulations and carry out similar conformity assessment activities covering the same equipment, the relevant information on issues relating to negative results of conformity, and on request - also on positive conformity assessment results.

Coordination of the designated authorities

76. Appropriate coordination and cooperation between designated bodies are made in the shape of a sector of the designated authorities.

Designed authorities participating in the sectoral groups designated authorities, directly or through designated representatives.

National market surveillance and state control equipment

77. State market surveillance and control of the state apparatus made according to the law with the requirements of the Technical Regulations.

78. Measures to eliminate inconsistencies Appropriate formal entity should the public authority market surveillance establish any such discrepancy:

application mark of conformity with technical regulations in violation of the general principles of the labeling specified mark set by law or the requirements of paragraphs 45-47 of this Technical Regulation;

nenanesennya mark of conformity with technical regulations;

neskladennya declaration of conformity;

drawing up a declaration of conformity in violation of requirements established in this Technical Regulation;

the failure of the public market surveillance access to technical documentation providing such documentation or incomplete;

lack of information specified in paragraphs 17 or 25 of these Technical Regulations, the submission of false or incomplete information;

failure of any other of the administrative requirements set out in paragraphs 12-20 or 23-30 of this Technical Regulation.

Table compliance

79. Table accordance with Directive 2014/30 / EC of the European Parliament and of the Council of 26 February 2014 on the harmonization of the laws of the Member States relating to electromagnetic compatibility and these Technical Regulations given in Appendix 5.

Appendix 1 the Technical Regulations

essential requirements

1. General requirements.

Equipment must be designed and manufactured considering the current state of technology so that:

1) the level of created facilities electromagnetic interference does not exceed the level at which radio, telecommunications or other equipment can not operate as intended;

2) equipment had a level of immunity to electromagnetic interference, expected during its intended use, which allows this equipment to operate without unacceptable deterioration in the quality of its intended use.

2. Specific requirements for fixed installations.

Installation and use of components intended.

Fixed installations must be installed using proper engineering practices and taking into account information about the intended use of its components in order to ensure compliance with the requirements set out in paragraph 1 of these requirements.

Annex 2 the Technical Regulations

Module A
(internal production control)

1. Internal production control is the conformity assessment procedure whereby the manufacturer fulfills the obligations specified in paragraphs 2-5 of this Annex, and ensures and declares under sole responsibility that the equipment meets the relevant Technical Regulation on electromagnetic compatibility (hereinafter - Technical regulations) that apply to the specified equipment.

EMC Assessment

2. The manufacturer shall evaluate EMC equipment based on the relevant phenomena in order to meet the essential requirements set out in paragraph 1 of Annex 1 to the Technical Regulations.

During the assessment of electromagnetic compatibility takes into account all the expected normal operating conditions. If the equipment can be used in different configurations, EMC assessment should confirm that such equipment with the essential requirements set out in paragraph 1 of Annex 1 to Technical Regulations in all possible configurations identified by the manufacturer as representative of that equipment for use by appointment.

Technical documents

3. The manufacturer is developing a technical document that contains sufficient information to assess compliance with the appropriate equipment requirements and must include the results and process analysis and risk assessment (risks).

Technical documentation shall include requirements for equipment and the design, manufacture and operation of equipment related to such a risk assessment (risks). The technical documentation must include at least the following elements:

general description of the equipment;

conceptual design, manufacturing drawings and schemes of components, assemblies, circuits, etc;

descriptions and explanations necessary for understanding these drawings and diagrams and the operation of equipment;

a list of the standards applied in full or in part, included in the list of national standards, compliance with which provides presumption of conformity of apparatus with the essential requirements, in cases where these standards have not been applied, - description of decisions taken to ensure compliance with the essential requirements defined in the Technical Regulation, including a list of other relevant technical specifications that have been applied. In case of partial application of the standards included in the list of national standards in the technical documentation specified parts which have been applied;

results of the design calculations conducted research etc.

testing protocols.

Production

4. The manufacturer shall take all measures necessary to ensure that during the manufacturing process and its monitoring equipment manufactured according to technical documentation specified in paragraph 3 of this Annex and the essential requirements set out in paragraph 1 of Annex 1 to the Technical Regulations.

Marking of conformity with technical regulations and declaration of conformity

5. Producer shall mark of conformity with technical regulations for each separate unit of equipment that meets the requirements of the Technical Regulations applicable to specified equipment.

Manufacturer makes written declaration of conformity for a particular model of apparatus and keep it together with the technical documentation for grant requests of public market surveillance for 10 years after the introduction of equipment on the market. The declaration of conformity must be identified devices for which it was composed.

A copy of the declaration of conformity provided the relevant state market surveillance on their requests.

Authorized representative

6. The responsibilities of the manufacturer, as defined in paragraph 5 of this application may be made by his authorized representative provided the following definition of responsibilities in order.

Appendix 3 the Technical Regulations

Module B
(type examination)

1. Examination type is part of the conformity assessment procedures in the performance of which is intended conformity assessment body (hereinafter - notified body) examines the technical design of apparatus and verifies and attests that the technical design of the equipment complies with the essential requirements set out in paragraph 1 of Annex 1 Technical regulations for electromagnetic compatibility (hereinafter - the Technical regulation).

2. Examination of the type made by assessing the adequacy of the technical design of the equipment through examination of the technical documentation referred to in paragraph 3 of this Annex, without examination of a sample ( "examination of the project type"). Type examination may be limited to certain essential requirements or their parts that are specified by the manufacturer or his authorized representative.

3. The manufacturer applies for type examination only one designated body of their choice.

The application shall include the significant requirements or parts thereof, for examination which it was filed. Also contained in the application:

1) the name and address of the manufacturer and, if filing an authorized representative - as its name and address;

2) a written declaration that the same application has not been submitted to any other designated body;

3) technical documents containing sufficient information to assess the compliance of equipment requirements of the Technical Regulations applicable to specified equipment, and should include appropriate analysis and risk assessment (risks). Technical documentation specifies requirements that apply and are covered as far as it concerns such an assessment, the design, manufacture and operation of the equipment. The technical documentation must include at least the following elements: