Technical Regulation of the Eurasian Economic Union "Requirements for liquefied petroleum gases for their use as fuel" (TR EAEU 036/2016)

This technical regulation has been developed in accordance with Article 52 of the Treaty on the Eurasian Economic Union of May 29, 2014.

This technical regulation establishes the safety requirements for liquefied petroleum gases and the storage, transportation, sale and disposal processes related to the requirements for liquefied petroleum gases, as well as the requirements for labeling liquefied petroleum gases to ensure their free movement on the territory of the Union, which are mandatory for application and execution on the territory of the Eurasian Economic Union (hereinafter referred to as the Union).

If other technical regulations of the Union establishing requirements for liquefied petroleum gases are adopted for liquefied petroleum gases, then liquefied petroleum gases must also comply with the requirements of all technical regulations of the Union, which apply to them.

1. This technical regulation applies to liquefied hydrocarbon gases released into circulation and in circulation on the territory of the Union and intended for municipal and industrial consumption as fuel, as well as for use as motor fuel for motor transport (hereinafter-liquefied hydrocarbon gases).

2. This technical regulation is designed to protect human life and health, property, the environment, life and (or) health of animals and plants, to prevent actions that mislead consumers of liquefied petroleum gases regarding their purpose, safety and energy efficiency, as well as for resource conservation.

3. For the purposes of this technical regulation, the concepts that mean the following are used:

"release of liquefied petroleum gases into circulation" - delivery or import of liquefied petroleum gases (including shipment from the manufacturer's warehouse or shipment without storage) for the purpose of distribution on the territory of the Union in the course of commercial activity on a gratuitous or reimbursable basis;

"identification of liquefied petroleum gases" establishing the identity of the characteristics of liquefied petroleum gases submitted for mandatory confirmation of compliance with the characteristics specified in the accompanying documents for liquefied petroleum gases;

"manufacturer" - a legal entity or an individual registered as an individual entrepreneur (including a foreign manufacturer) that carries out the production or production and sale of liquefied petroleum gases on their own behalf and is responsible for their compliance with the requirements of this technical regulation, as well as the requirements of other technical regulations of the Union, which apply to them;

"importer" - a legal entity or an individual registered as an individual entrepreneur, who are residents of a member state of the Union, who conclude a contract with a non-resident of the state - a foreign trade agreement for the import of liquefied petroleum gases for the purpose of their distribution on the territory of the Union in the course of commercial activity on a gratuitous or paid basis and are responsible for the compliance of liquefied petroleum gases with the requirements of this technical regulation, as well as the requirements of other technical regulations of the Union, which apply to them;

"batch of liquefied petroleum gases" - any quantity of liquefied petroleum gases of the same purpose and brand (if available), homogeneous in terms of quality and accompanied by a quality certificate;

"quality passport" - a document containing information about the manufacturer and the actual values of the normalized quality indicators obtained as a result of laboratory tests;

"consumer" - a legal entity, an individual registered as an individual entrepreneur, or an individual who purchases and uses liquefied petroleum gases exclusively for their own needs;

"seller" - a legal entity or an individual registered as an individual entrepreneur, who are residents of a member state of the Union, who sell liquefied petroleum gases to the consumer and are responsible for compliance of liquefied petroleum gases with the requirements of this technical regulation, as well as the requirements of other technical regulations of the Union, which apply to them;

"sale" is the transfer of ownership rights to liquefied petroleum gases on a paid basis by one person to another person;

"liquefied petroleum gases" - a mixture of hydrocarbons (propane, propylene, butanes, butylenes and butadiens with the presence of methane, ethane, ethylene and (or) pentanes and pentenes) converted into a liquid state;

"person authorized by the manufacturer" - registered in accordance with the legislation of the state - a legal entity or an individual as an individual entrepreneur, who, on the basis of a contract with the manufacturer, perform actions on behalf of this manufacturer when assessing the compliance and putting into circulation of liquefied petroleum gases on the territory of the Union, and are also responsible for the compliance of liquefied petroleum gases with the requirements of this technical regulation, as well as the requirements of other technical regulations of the Union, which apply to them;

"utilization of liquefied petroleum gases" is an action aimed at preventing the use of liquefied petroleum gases that do not meet the requirements of this technical regulation, as well as other technical regulations of the Union, which apply to them.

4. Liquefied hydrocarbon gases are released into circulation on the territory of the Union if they comply with the requirements of this technical regulation, as well as the requirements of other technical regulations of the Union, which apply to them.

5. Liquefied hydrocarbon gases that meet the requirements of this technical regulation, as well as the requirements of other technical regulations of the Union, which apply to them, have passed the conformity assessment procedure, must be marked with a single product circulation mark on the Union market.

6.Liquefied hydrocarbon gases that are not marked with a single product circulation mark on the Union market are not allowed to be put into circulation on the territory of the Union.

7. Liquefied hydrocarbon gases at the stages of storage, transportation and sale must comply with the requirements of this technical regulation, as well as the requirements of other technical regulations of the Union, which apply to them.

8. Each batch of liquefied petroleum gases released into circulation on the territory of the Union must be accompanied by a quality certificate containing the following information:

a) the name of the manufacturer, its location (address of the legal entity), as well as the address of the place of activity for the production of liquefied petroleum gases (if the addresses differ) - for the legal entity and its branches that manufacture products, or the surname, first name and patronymic (if any), place of residence - for an individual registered as an individual entrepreneur;

b) the manufacturer's trademark (if available);

c) the name of the person (importer) authorized by the manufacturer, its location (address of the legal entity) or the name of the seller (when importing liquefied petroleum gases into the territory of the Union), its location (address of the legal entity) - for a legal entity or surname, first name and patronymic (if any), place of residence - for an individual registered as an individual entrepreneur;

d) name, brand (if available) and symbol of liquefied petroleum gases (if available);

e) the designation and name of the document in accordance with which the liquefied petroleum gases are manufactured;

f) the normative values of the physico-chemical and operational characteristics of liquefied hydrocarbon gases established by this technical regulation, as well as other technical regulations of the Union, the effect of which applies to them, and the document in accordance with which liquefied hydrocarbon gases are manufactured, as well as the actual results of laboratory tests;

g) information about the presence of an odorant;

h) batch number;

i) date of manufacture;

j) a single sign for the circulation of products on the Union market;

l) warranty period of storage;

m) the number and date of issue of the passport;

h) the surname and signature of the person who issued the passport.

9. The quality passport is issued in Russian and, if there are relevant requirements in the legislation of the Member States of the Union (hereinafter referred to as the Member States), in the state (state) language (s) of the Member state on whose territory liquefied petroleum gases are sold.

10. When selling liquefied petroleum gases, the seller is obliged to provide, at the request of the buyer, a copy of the quality passport and a copy of the declaration of compliance of liquefied petroleum gases with the requirements of this technical regulation.

11. Liquefied hydrocarbon gases released into circulation and in circulation on the territory of the Union, according to physical, chemical and operational indicators, must meet the requirements according to the annex.

12. The main dangerous factors (risks) arising during the storage, transportation, sale and disposal of liquefied petroleum gases are their fire and explosion hazard, negative effects on the human body or animals, as well as the risks of environmental pollution.

13. When transporting liquefied petroleum gases, the accompanying documents must contain the following information:

a) class of dangerous goods;

b) code of emergency measures;

c) danger signs;

d) information on fire and explosion hazard;

e) information about the danger to living organisms;

f) methods and means of neutralization;

g) fire extinguishing agents.

14. The safety of liquefied petroleum gases is ensured by compliance with the requirements established by this technical regulation, as well as the requirements of other technical regulations of the Union, which apply to them.

15. Transportation of liquefied petroleum gases by rail, road, sea and inland water transport, their storage and sale are carried out in accordance with the legislation of the Member States.

16.The corresponding marking containing the information provided for in paragraph 13 of this technical regulation is applied to the container in which liquefied hydrocarbon gases are transported.

17. The marking of liquefied hydrocarbon gases released into circulation on the territory of the Union shall be applied in Russian and, if there are relevant requirements in the legislation of the Member states, in the state (state) language (languages) of the Member state on whose territory the liquefied hydrocarbon gases are sold, with the exception of the manufacturer's name and the name of liquefied hydrocarbon gases, as well as other text included in the registered trademark. Additional use of foreign languages is allowed provided that the content and text are completely identical.

18. Transport marking is carried out in accordance with the requirements of the rules for the transport of dangerous goods by rail, road, sea and inland waterway in force in the Member States.

19. The marking must be clear and legible, made in a way that ensures its safety against environmental influences.

20. The utilization of liquefied petroleum gases is carried out in accordance with the legislation of the Member States.

21. Compliance of liquefied petroleum gases with the requirements specified in the annex to this technical regulation, subject to the conditions of storage and transportation, must be ensured during the entire period of circulation of liquefied petroleum gases on the territory of the Union, but not less than the warranty period of storage established in the document in accordance with which the liquefied petroleum gases are manufactured.

22. Compliance of liquefied petroleum gases with the requirements of this technical regulation, as well as with the requirements of other technical regulations of the Union, which apply to them, ensures their safe handling on the territory of the Union.

23. The methods of research (testing) and measurement of liquefied petroleum gases are established in the standards included in the list of international and regional (interstate) standards, and in their absence-national (state) standards containing the rules and methods of research (testing) and measurement, including the rules of sampling necessary for the application and fulfillment of the requirements of this technical regulation and the assessment of compliance of liquefied petroleum gases.

24. The assessment of compliance of liquefied petroleum gases with the requirements of this technical regulation is carried out in the form of conformity assessment.

25. Mandatory confirmation of conformity is carried out in the form of a declaration of conformity.

26. Before being put into circulation on the territory of the Union, liquefied hydrocarbon gases are subject to conformity assessment in the form of a declaration of conformity according to one of the following schemes: 3d, 4d and 6d.

27. When declaring the conformity of liquefied petroleum gases, the applicant may be a legal entity or an individual registered in the territory of a Member state in accordance with its legislation as an individual entrepreneur, who is a manufacturer or importer (seller) or a person authorized by the manufacturer.

28. The declaration of conformity of liquefied petroleum gases produced in series is carried out according to the schemes 3d and 6d, the batch of liquefied petroleum gases - according to the scheme 4d.

29. When declaring the conformity of liquefied petroleum gases, the applicant may be:

a) for the Zd and 6d schemes - the manufacturer (a person authorized by the manufacturer);

b) for the 4d scheme - the manufacturer (a person authorized by the manufacturer) or the importer (seller).

30. The choice of the scheme for declaring the conformity of liquefied petroleum gases is carried out by the applicant.

31. The declaration of conformity of liquefied petroleum gases according to the schemes 3d, 4d and 6d is carried out by the applicant on the basis of evidence obtained with the participation of an accredited testing laboratory (center) included in the unified register of conformity assessment bodies of the Union.

32. When declaring the conformity of liquefied petroleum gases, the applicant:

a) forms and analyzes documents confirming the compliance of liquefied petroleum gases with the requirements of this technical regulation, including:

documents containing information about the object of conformity assessment (name of liquefied petroleum gases, intended purpose, brand (if available));

the test report (protocols) of samples of liquefied petroleum gases for compliance with the requirements of this technical regulation, if no more than 3 months have passed since the registration of the test report;

supply contract (contract) and shipping documentation (scheme 4d);

certificate for the management system (a copy of the certificate) (scheme 6d);

quality passport;

copies of documents confirming the state registration of a legal entity or an individual as an individual entrepreneur;

other documents at the applicant's choice, which served as the basis for confirming the compliance of liquefied petroleum gases with the requirements of this technical regulation, as well as the requirements of other technical regulations of the Union, which apply to them (if available);

b) performs identification of liquefied petroleum gases;

c) ensures that production control is carried out and takes all necessary measures to ensure that the production process of liquefied petroleum gases ensures their compliance with the requirements of this technical regulation (schemes 3d and 6d);

d) takes all necessary measures to ensure the stability of the functioning of the management system (scheme 6d);

e) conducts tests of liquefied petroleum gases;

f) adopt a declaration of conformity, which is drawn up according to a single form and rules approved by the Decision of the Board of the Eurasian Economic Commission of December 25, 2012 N 293;

g) applies a single sign of the circulation of products on the Union market in the quality passport;

h) forms, after completing the conformity assessment procedure, a set of documents, which includes the documents provided for in subparagraph " a " of this paragraph, and a declaration of conformity.

33. The declaration of conformity is subject to registration in accordance with the procedure provided for by the Decision of the Board of the Eurasian Economic Commission No. 76 of April 9, 2013.

Depending on the applicable scheme of declaration of conformity of liquefied petroleum gases, the validity period of the declaration of conformity is established from the date of its registration in the unified register of issued or accepted conformity assessment documents.

The declaration of conformity of liquefied petroleum gases is registered for a period of:

when confirming compliance with the 3d scheme - no more than 3 years;

when confirming compliance with the 4d scheme - taking into account the shelf life of liquefied petroleum gases, but not more than 1 year;

when confirming compliance with the 6d scheme - no more than 5 years.

The sets of documents that served as the basis for the adoption of the declaration of conformity and the registered declaration of conformity must be kept by the applicant:

when confirming the conformity of mass-produced liquefied petroleum gases - within 3 years from the date of termination of the declaration of conformity;

when confirming the conformity of a batch of liquefied petroleum gases - within 5 years from the date of registration of the declaration of conformity.

34. The declaration of conformity of a batch of liquefied petroleum gases is valid only for liquefied petroleum gases belonging to a specific batch.

35. Liquefied hydrocarbon gases that meet the requirements of this technical regulation, as well as the requirements of other technical regulations of the Union, which apply to them, and have passed the conformity assessment procedure in accordance with section VI of this technical regulation, are marked with a single product circulation mark on the Union market.

36. Marking with a single product circulation mark on the Union market is carried out before the release of liquefied petroleum gases into circulation on the territory of the Union.

37. A single sign of the circulation of products on the Union market is applied to the passport

38. State control (supervision) over compliance with the requirements of this technical regulation is carried out in accordance with the legislation of the Member states.

39. The authorized bodies of the Member states must take all measures to restrict and prohibit the release into circulation of liquefied petroleum gases on the territory of the Union, as well as the withdrawal from the Union market of liquefied petroleum gases that do not meet the requirements of this technical regulation, as well as other technical regulations of the Union, which apply to them.

At the same time, the authorized body of a member state is obliged to notify the authorized bodies of other member states of the adoption of the relevant decision, indicating the reason for its adoption and providing evidence explaining the need to take the appropriate measure.

The electronic text of the document was

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Of the Eurasian Economic Union

www.eaeunion.org, 19.10.2016