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LAW OF THE REPUBLIC OF MOLDOVA

of March 3, 2023 No. 43

About the fluorinated greenhouse gases

The Parliament adopts this organic law.

This law shifts Regulations (EU) of the European parliament and Council No. 517/2014 of April 16, 2014 about the fluorinated greenhouse gases and about cancellation of Regulations (EU) No. 842/2006 (action of the document extends to EEP) published in the Official magazine of the European Union by L 150 of May 20, 2014.

Chapter I General provisions

Article 1. Regulation subject

This law establishes the legal basis of implementation of measures, concerning both the mitigation of the consequences of climate change, and environment protection by emission reduction of the fluorinated greenhouse gases.

Article 2. Law purpose

The purpose of this law is regulation at the national level of the precautionary measures concerning:

a) prevention of leakages, use, recuperation and removal of the fluorinated greenhouse gases and also connected with listed auxiliary measures;

b) placements in the market of the separate products and the equipment containing the fluorinated greenhouse gases or functioning on their basis, except for the refrigerating and/or conditioning equipment not containing at the time of import of such gases;

c) special use of the fluorinated greenhouse gases;

d) applications of quantitative restrictions for placement in the market of hydrofluorocarbons.

Article 3. Scope of application

(1) This law establishes standard rates, conditions and the restrictions applicable to the following fluorinated greenhouse gases:

a) the hydrofluorocarbons (GFU) used as the coolants cleaning solvents and frothers used including in fire extinguishers;

b) the perfluorocarbons (PFU) used in production of semiconductors as the cleaning solvents and frothers;

c) sulfur hexafluoride (SF6) used in high-voltage electroinstallations and in case of magnesium production.

(2) Provisions of this law are applied to the refrigerating, conditioning equipment, other equipment, installations and products containing the fluorinated greenhouse gases or functioning on their basis.

Article 4. Basic concepts

For the purposes of this law the following basic concepts are used:

technical aerosol - the aerosol generator used for servicing, repair, cleaning, testing, disinsection and production of products and the equipment, installation of equipment and in other purposes;

mix - the liquid consisting of two or more substances at least one of which is the substance specified in appendices 1 or 2;

organic cycle of Renkin - cycle in which due to condensation the fluorinated greenhouse gases will transform heat of source of heat to the energy necessary for development of electrical or mechanical energy;

primary cooling contour of cascade system - primary contour in the indirect distributive medium temperature systems consisting of combination of consistently connected two or more separate cooling contours in which primary contour absorbs heat of the condenser of secondary medium temperature contour;

container - the reservoir or cylinder intended for transportation or storage of the fluorinated greenhouse gases;

removal - process of continuous transformation or disintegration of the most part or all amount of the fluorinated greenhouse gas in one or several more steady substances which are not the fluorinated greenhouse gases;

the fluorinated greenhouse gases (further also fluorinated gases) - hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride and other greenhouse gases containing fluorine specified in appendix 1, or the mixes containing any of these substances;

sulfur hexafluoride (SF6) - the chemical specified in the Section 3 appendices 1, or the mixes containing this substance;

hydrofluorocarbons (GFU) - the chemicals specified in the Section of 1 appendix 1, or the mixes containing any of these substances;

installation - connection of two or more units of equipment or contours which contain or shall contain the fluorinated greenhouse gases, for the purpose of assembly of system in the place of operation that includes works on connection of pipelines of system for the purpose of amendment of contour irrespective of need to make filling of system after assembly;

refrigeration unit - the picking consisting of one or several cooling machineries with all nodes, aggregates, components, pipelines and liquids necessary both for their functioning and for distribution and use of artificial cold;

intermediate products of synthesis - any fluorinated greenhouse gases or substances specified in appendix 2, which are exposed to chemical transformations during any process as a result of which their initial structure is reversed and the insignificant number of emissions is formed;

placement in the market - delivery to the third party or provision in its order for the first time for a fee or free of charge or use by the producer at the expense of own means that includes release from customs in free circulation in the territory of the country. Import on national customs area is considered placement in the market;

import - commercial transaction by means of which the fluorinated greenhouse gases, products and the installation/equipment containing such gases or functioning on their basis are imported into the Republic of Moldova;

the company - any legal entity or physical person registered in the procedure established by the law, which:

a) imports or exports the fluorinated greenhouse gases or products and the installation/equipment containing the fluorinated greenhouse gases or functioning on their basis;

b) establishes the installation/equipment, the containing fluorinated greenhouse gases or functioning on their basis are provided by their technical and field service, and also performs repair, check of hermeticity of the installations/equipment or their conclusion from operation;

c) places in the market the fluorinated greenhouse gases or products and the equipment containing such gases or functioning on their basis;

d) makes, uses, recuperates, collects, recirculates, regenerates or deletes the fluorinated greenhouse gases;

e) owns the installations/equipment, containing the fluorinated greenhouse gases or functioning on their basis;

f) places in the market of product or the equipment, the containing fluorinated greenhouse gases specified in appendix 2;

g) makes, imports, exports, places in the market or deletes the fluorinated greenhouse gases specified in appendix 2;

electric switches - switches and their combinations and the related control, measuring, protective and regulating equipment, and also aggregates consisting of such devices and the equipment as well as the related connections, accessories, protection covers and supporting frameworks, held for use in connection with production, transfer, distribution and transformation of electrical energy;

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