ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of June 21, 2018 No. 589

About approval of the Regulations on the mechanism of allocation of annual import quotas of hydrochlorofluorocarbons and hydrofluorocarbons

Based on part (1) article 36 of the Law No. 136 of July 7, 2017 on the Government (The official monitor of the Republic of Moldova, 2017, No. 252, the Art. 412) DECIDES: the Government

1. Approve Regulations on the mechanism of allocation of annual import quotas of hydrochlorofluorocarbons and hydrofluorocarbons it (is applied).

2. To impose control of execution of the specified Provision on the Ministry of the environment.

Approved by the Order of the Government of the Republic of Moldova of June 21, 2018 No. 589

Regulations on the mechanism of allocation of annual import quotas of hydrochlorofluorocarbons and hydrofluorocarbons

I. Task and purpose

1. Task of this provision is ensuring accomplishment of the Program of step-by-step reducing hydrochlorofluorocarbons and hydrofluorocarbons for 2016-2040 approved by the Order of the Government No. 856 of July 13, 2016.

2. The purpose of the Provision consists in establishment of the mechanism of allocation of annual import quotas of hydrochlorofluorocarbons and hydrofluorocarbons.

II. General provisions

3. Allocation of annual import quotas of hydrochlorofluorocarbons and hydrofluorocarbons to economic agents is performed by the Commission on allocation of annual import quotas of hydrochlorofluorocarbons and hydrofluorocarbons (further - the Commission), according to the procedure established in Items 22 and 22-1 of this provision.

4. In the activities the Commission is guided by provisions of the Law No. 1515/1993 on environmental protection, the Law No. 852/2002 on approval of the Regulations on the commercial mode and regulation of use of the galoidirovanny hydrocarbons destroying ozone layer, the Law No. 277/2018 on chemicals, the Law No. 43/2023 on the fluorinated greenhouse gases, the Program of step-by-step reducing galoidirovanny hydrochlorofluorocarbons for 2016-2040 approved by the order of the Government No. 856/2016, of the Regulations on creation and functioning of the National monitoring system and the reporting on emissions of greenhouse gases and other necessary information about climate changes approved by the order of the Government No. 1277/2018, and this provision.

5. The staff of the Commission affirms the order of the head of the central body with powers for management of natural resources and environmental protection (further - the central body).

III. Structure of the commission

6. Are part of the Commission:

1) the state secretary for climate change of the Ministry of the environment - the commission chairman;

2) representative of the Ministry of the environment;

3) representative of the Agency of the environment;

4) the representative of the Agency of the environment - the secretary of the Commission;

5) representative of Customs Service;

6) the representative of Office on implementation of the Montreal protocol on the substances destroying ozone layer;

7) the representative of Public association of technicians on servicing of refrigeration equipment of the Republic of Moldova.

IV. Organization of activities of the commission

7. Commission session is convoked for consideration of the applications of economic agents about allocation of annual import quotas of hydrochlorofluorocarbons and hydrofluorocarbons till January 20th of the current year once a year.

8. In coordination with the commission chairman the secretary of the Commission establishes date and time of holding meeting and informs on it members of the commission not later than 5 working days, providing them the agenda and documents necessary for consideration.

9. Meetings are held under the chairmanship of the commission chairman and are considered competent if at them there are all members of the commission. In case the member of the commission is in situation of impossibility of participation in meeting, organization which appointed it, informs on it the secretary and delegates other person with voting power.

10. During the meeting the Commission allocates to economic agents of the import quota of hydrochlorofluorocarbons, calculated according to Item 22, and the import quotas of hydrofluorocarbons calculated according to appendix No. 5 to the Law No. 43/2023 on the fluorinated greenhouse gases the current calendar year.

11. Within 5 working days after holding meeting the secretary of the Commission constitutes the minutes which are signed by each member of the commission.

12. Within 5 working days from the date of holding meeting the secretary of the Commission develops decisions on allocation of annual import quotas of hydrochlorofluorocarbons and/or hydrofluorocarbons the current year (further - decisions) on each applicant, with indication of allocated quota (according to the form provided in appendix No. 2). Each decision is published in duplicate.

13. Decisions are signed by the commission chairman and affirm the signature of the minister of the central body with putting down of seal of organization. Copies of decisions are placed on the official web page of the central body and Agency of the environment.

14. Within 5 working days of acceptance date of decisions the secretary of the Commission poisons with the head of the central body to economic agents in one copy of the decision.

15. Accounting of decisions is performed by means of the Register of accounting of the selected annual   import quotas hydrochlorofluorocarbons and hydrofluorocarbons which is kept by the secretary of the Commission. The register contains the following headings: year on which import quotas are selected; the annual quantity permitted for import; name of the economic agent; requested the import quota;  allocated the import quota; number and date of the decision on allocation quota; number of the cover letter to the decision on allocation annual the import quota.

V. Powers of members of the commission

16. The commission chairman has the following powers:

1) establishes date of meeting;

2) convokes commission sessions and presides over them;

3) is signed by the minutes;

4) signs decisions of the Commission.

17. The secretary of the Commission has the following powers:

1) considers applications of economic agents for allocation of annual import quotas;

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