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LAW OF THE REPUBLIC OF MOLDOVA

of June 18, 2020 No. 108

About control of danger of emergence of the major accidents caused by dangerous substances

(as amended of the Law of the Republic of Moldova of 09.06.2022 No. 156)

This law shifts the Directive 2012/18/EU of the European Parliament and Council of July 4, 2012 about control of the major accidents connected with dangerous substances changing and afterwards the canceling Directive 96/82/EU of Council published in the Official magazine of the European Union by L 197/1 of July 24, 2012.

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Subject and purpose of the law

(1) This law regulates measures for prevention of the major accidents caused by dangerous substances and also for restriction of their effects for health of the person and the environment for the purpose of ensuring high level of protection in all territory of the Republic of Moldova.

(2) Provisions of this law are applied without prejudice to regulations about civil protection, safety and occupational health.

Article 2. Scope

(1) Provisions of this law extend to the companies determined in Article 3.

(2) This law does not extend:

a) on the companies, installations or storage facilities of military units;

b) on the danger caused by ionizing radiation which source are radioactive materials;

c) on transportation of dangerous substances and the temporary storage which is directly connected with the corresponding transportation by over-the-road, railway, inland river, air transport outside the companies to which provisions of this law, including loading, unloading and transportation of dangerous substances on other vehicles in docks, on moorings or marshaling yards extend;

d) on transportation of dangerous substances through pipelines, including pumping points, outside the companies to which provisions of this law extend;

e) on development, in particular investigation, production and conversion of minerals in mines and pits, including by means of well-drilling;

f) on polygons of waste, including on underground storage warehouses of waste, except for polygons of dangerous wastes which properties fall under appendix action 1, and also on transaction on chemical and heat treatment and on the storage of dangerous substances relying in connection with these transactions, and also on the operating objects for neutralization of tails of enrichment, including the tailings dams or tail dams containing dangerous substances.

Article 3. Basic concepts

For the purpose of this law the following basic concepts are determined: the company - all zone which is under control of the operator in the territory of which at one or several installations, including general or connected infrastructure or types of activity, there are dangerous substances; the companies happen the lowered danger or the increased danger;

the company of the lowered danger - the company in the territory of which dangerous substances are present at the quantities equal or exceeding the quantities specified in column 2 of part I or in column 2 of part II of appendix 1, but in smaller than is specified in column 3 of part I or in column 3 of part II of appendix 1, with use in necessary cases of the rule of the calculation of the amount provided in the note 4 to appendix 1;

the company of the increased danger - the company in the territory of which dangerous substances are present at the quantities equal or exceeding quantities specified in column 3 of part I or in column 3 of part II of appendix 1, with use in necessary cases of the rule of the calculation of the amount provided in the note 4 to appendix 1;

the next company - the company which arrangement in close proximity to other company promotes increase in risk of major accident or its effects;

new company:

a) the company put into operation after creation of documents of acceptance of constructions or constructed after entry into force of this law; or

b) hazardous production facility or the operating company falling under action of provisions of this law, or the company of the lowered danger which becomes the company of the increased danger, or the company of the increased danger which becomes the company of the lowered danger, from the date of entry into force of this law in connection with change of its installations or type of activity that leads to change of its list of dangerous substances;

the existing company - the company which about day of entry into force of this law fell under operation of the Law on industrial safety of hazardous production facilities No. 116/2012, and from the date of entry into force of this law falls also under action of its provisions, being carried to the company of the lowered or increased danger;

other company - the operating company falling under action of provisions of this law, or the company of the lowered danger which becomes the company of the increased danger, or the company of the increased danger which becomes the company of the lowered danger, from the date of entry into force of this law for the reasons, excellent from provided in the concept "new company";

major accident - the event, such as large-scale emission, the fire or explosion resulting from uncontrollable development of the situation in work progress of any company falling under the action of provisions of this law leading to emergence of serious both direct, and delayed health hazard of the person or the environment in the territory or outside the company and caused by one or several dangerous substances;

storage - content of quantity of dangerous substances for the purpose of saving, safe storage or preserving in warehouse;

domino effect - result of the linear sequence of certain events which action because of the accident which arose on installation at the operating company or at other company, amplifies due to distribution of its effects and emergence of one more accident on other installation, other operating company or other company because of distance between the companies and properties of the present substances that as a result leads to major accident;

installation - being in limits of the company at the level or is lower than the level of earth technical unit in which are made, used, processed or dangerous substances are stored;

control - all checking and inspection actions, including departure, check of internal measures, systems, reports and documents of monitoring, and also any necessary monitoring performed from the party or on behalf of competent authority for the purpose of check of compliance of the companies to requirements of this law and rendering assistance to them for compliance to these requirements;

operator - physical person or legal entity which exercises operation or control of the company or installation or to which powers on adoption of the economic decisions or decisions concerning technical operation and safety of the company or installation are conferred;

the public - the public as it is determined in the Law on environmental impact assessment No. 86/2014;

the interested public - the public which interests are infringed or can be affected or which is interested in decision making on any of the questions provided in part (1) Article 15; in the context of this concept the interested public are the non-governmental organizations which are engaged in environmental protection and answering to all requirements applied according to the national legal system;

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