Report on the results of electronic consultations with the public on the draft order of the Ministry of Infrastructure of Ukraine, the Ministry of Internal Affairs of Ukraine “On Approval of Amendments to the Procedure for Inspection of Tanks...”

November 01, 2021

The Ministry of Internal Affairs of Ukraine in accordance with the Procedure for Public Consultations on the Formation and Implementation of State Policy, approved by the Resolution of the Cabinet of Ministers of Ukraine dated November 03, 2010 No. 996, conducted electronic consultations with the public on the draft order of the Ministry of Infrastructure of Ukraine, the Ministry of Internal Affairs of Ukraine “About approval of Amendments to the Procedure for Inspection of Tanks for the Transportation of Dangerous Goods” (hereinafter referred to as the draft order), which was published on September 16, 2021 in subheading “Draft regulations” of the heading “Normative base of the Ministry of Internal Affairs” of the official website of the Ministry of Internal Affairs of Ukraine: here.

Information on proposals received during electronic consultations with the public on the draft order and on the results of their consideration is given in the table.

No. of sales/n

Offer Information

Author of the proposal

Offer Consideration Information

! 1

On bringing the Procedure for the Inspection of Tanks for the Transportation of Dangerous Goods, approved by Order of the Ministry of Infrastructure, Ministry of Internal Affairs of May 12, 2015 No. 166/550, (hereinafter referred to as the Procedure), in accordance with the requirements of paragraph 6.8.1.2 of Chapter 6.8 of Annex B to the European Agreement on the International Carriage of Dangerous Goods by Road by Supplementary Clause 1 of Chapter I of the Order by the word “gaseous”

Association of Independent Experts “UKREXPERT”

Not taken into account. The
technical regulations of pressurized moving equipment, approved by the Resolution of the Cabinet of Ministers of Ukraine of July 04, 2018 No. 536 (hereinafter referred to as Technical Regulation No. 536), define the requirements for pressurized moving equipment in order to ensure the safety and circulation of such equipment on the Ukrainian market. Technical Action Regulation No 536, which also provides for periodic inspections, intermediate inspections and exceptional inspections as provided for in particular in the Annexes to the
The agreement on the carriage of goods by road applies to tanks installed on wheeled vehicles (tankers and tanks, which are part of mixing-charging machines) used for the transportation of gases.
In accordance with part six of Article 9 of the Law of Ukraine “On technical regulations and conformity assessment” definitions in various applicable technical regulations of special requirements aimed at preventing or eliminating a certain type of risk in relation to the same type (category, group) of products used for one and the same purpose, is prohibited.
At present, in accordance with paragraph 2 of paragraph 5 of Section I of the Order, the action of the Order does not apply to tanks for the transportation of gases. Therefore, the requirements for extending the validity of the Order to the transportation of gases will be excluded from the draft order.

! 2

On the inadmissibility of simplifying the name of the European Agreement on the International Carriage of Dangerous Goods by Road of 30 September 1957 (DOPNV)

Association of Independent Experts “UKREXPERT”

Not taken into account.
In accordance with the Protocol amending the name of the European Agreement of 30 September 1957 on the International Carriage of Dangerous Goods by Road (DPRV), adopted by the Confederation of the Parties to the Agreement on 13 May 2019, which entered into force on 01 January 2021, the name “European Agreement on the International road transport of dangerous goods (DOPNV)” has been changed to “Agreement on the International Carriage of Dangerous Goods by Road (DOPNV)”.

! 3

On supplementing paragraph 3 of Chapter 1 of Chapter I of the Procedure with the words “Technical regulations of moving equipment operating under pressure, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 04.07.2018 No. 536”

Association of Independent Experts “UKREXPERT”

Not taken into account. To date, in accordance with paragraph 2 of paragraph 5 of Section I of the Procedure, the action of the Order does not apply to tanks for the transportation of gases. Considering that the effect of Technical Regulation No. 536, which also provides for periodic inspection, interim inspection and exceptional inspections established, in particular, in respect of such tanks Annexes to the Agreement
on the carriage of goods
by road apply to tanks installed on wheeled vehicles (tankers and tanks that are part of mixing-charging machines) used to transport gases.
Thus, the requirements for the application of the Order to the carriage of gases will be excluded from the draft order.

! 4

On the exclusion of sub-paragraph 3 of paragraph 1 of the draft Amendments

Association of Independent Experts “UKREXPERT”

Assassinated.

 

! 5

On the addition of Chapter 1 of Chapter II of the Procedure with paragraph 17 of the following content: “Inspection of tanks for the transportation of gaseous cargoes is carried out in accordance with the Technical Regulation of moving equipment operating under pressure, approved by the Resolution of the Cabinet of Ministers of Ukraine dated 04.07.2018 No. 536”

Association of Independent Experts “UKREXPERT”

Not taken into account. To date, in accordance with paragraph 2 of paragraph 5 of Section I of the Procedure, the action of the Order does not apply to tanks for the transportation of gases. Considering that the effect of Technical Regulation No. 536, which also provides for periodic inspection, interim inspection and exceptional inspections established, in particular, in respect of such tanks Annexes to the Agreement
on the carriage of goods
by road apply to tanks installed on wheeled vehicles (tankers and tanks that are part of mixing-charging machines) used to transport gases.
Thus, the requirements for the application of the Order to the carriage of gases will be excluded from the draft order.

! 6

On the addition of Chapter 1 of Chapter III of the Procedure by paragraph 4 of the following: “An entity carrying out an inspection of tanks for the carriage of gaseous cargoes shall be designated by the conformity assessment body in accordance with the requirements of the Technical Regulations for moving equipment operating under pressure approved by a resolution of the Cabinet of Ministers Ukraine as of 04.07.2018 № 536”

Association of Independent Experts “UKREXPERT”

Not taken into account. To date, in accordance with paragraph 2 of paragraph 5 of Section I of the Procedure, the action of the Order does not apply to tanks for the transportation of gases. Considering that the effect of Technical Regulation No. 536, which also provides for periodic inspection, interim inspection and exceptional inspections established, in particular, in respect of such tanks Annexes to the Agreement
on the carriage of goods
by road apply to tanks installed on wheeled vehicles (tankers and tanks that are part of mixing-charging machines) used to transport gases.
Thus, the requirements for the application of the Order to the carriage of gases will be excluded from the draft order.

! 7

On supplementing paragraph 1 of Chapter IV of the Procedure with the seventh paragraph of the following content: “a copy of the order of the Ministry of Economy of Ukraine on the inclusion of the business entity in the list of designated conformity assessment bodies in accordance with the requirements of the Technical Regulation of moving equipment operating under pressure, approved by the Resolution of the Cabinet of Ministers of Ukraine from 04.07.2018 № 536 (for carrying out inspections of tanks for transportation of gaseous cargoes)”

Association of Independent Experts “UKREXPERT”

Not taken into account. To date, in accordance with paragraph 2 of paragraph 5 of Section I of the Procedure, the action of the Order does not apply to tanks for the transportation of gases. Considering that the effect of Technical Regulation No. 536, which also provides for periodic inspection, interim inspection and exceptional inspections established, in particular, in respect of such tanks Annexes to the Agreement
on the carriage of goods
by road apply to tanks installed on wheeled vehicles (tankers and tanks that are part of mixing-charging machines) used to transport gases.
Thus, the requirements for extending the scope of the Order to the carriage of gases will be excluded from the draft order

As a result of electronic consultations with the public on the draft order, it was decided to take into account and not take into account individual comments and suggestions of public representatives, as well as to finalize the draft order and publish its revised version on the official website of the Ministry of Internal Affairs and send it again for approval to the authorities concerned.

Acting Head of the
Main Service Center
of the Ministry of Internal Affairs of Ukraine

 


Yuriy SMOLYANINOV