of March 28, 2024 No. 67
About the mode of explosives for civil application
The Parliament adopts this organic law.
This law partially shifts (parts (1) and (2) Article 1; Items 1, 6 and 9–13 Articles 2; Article 3-9; part (2) Article 11; paragraph first of Article 13; Article 14; Article 16-19; paragraph of the second Article 41; paragraphs of the first and second part (1) Article 42; Article 43; Article 50; appendices I and II) the Directive 2014/28/EU of the European Parliament and Council of February 26, 2014 about harmonization of the legislation of EU member states concerning placement in the market of explosives for civil application and control of them (in the new edition) (action of the Directive extends to EEP) published in the Official magazine of the European Union by L 96/1 of March 29, 2014.
(1) This law regulates the legal, organizational, administrative and other relations arising in the course of purchase, sale, ownership, use and other transactions with explosives for civil application.
(2) the Purpose of this law is providing conditions for provision in the market of explosives for civil application and control of their safe turnover in the territory of the Republic of Moldova.
(1) This law is applied to explosives to civil application and establishes conditions under which purchase, sale, ownership, use and implementation of other transactions with explosives for civil application are resolved in the territory of the Republic of Moldova.
(2) the Provision of the Law on activities for accreditation and assessment of conformity No. 235/2011 and the Supervisory act behind the market and compliance of products No. 162/2023 are applied to explosives to civil application in that measure in which other is not established by this law.
(3) Provisions of this law are not applied:
a) to the mode of military explosives, including the ammunition which is under authority of bodies of public management with powers in the field of national defense, state security and public order which is regulated by special regulations;
b) to precursors of explosives;
c) to ammunition;
d) to pyrotechnic products.
(4) If the international treaty which party is the Republic of Moldova establishes the regulations concerning explosives for civil application excellent from ustano
vlenny the legislation of the Republic of Moldova, applies provisions of the international treaty.
The concepts used in sense of this law have the following values:
explosive mix – combination of different substances which keep properties inherent in them, forming melange or mix with explosive properties;
simple explosive mix – combination of different substances which can be prepared manually or the mechanized method on the basis of the technical instructions developed for this purpose with observance of the main requirements for safety;
the fireworker – the specialist certified in accordance with the established procedure by administrative authority with powers in the field of industrial safety for preparation of explosives for civil application and/or the treatment of them according to the Qualifier of occupations of the Republic of Moldova;
the destructive device – the set of the parts connected among themselves definitely, performing accurately certain function in any technical system having explosive properties;
the distributor – any, except the producer or the importer, physical person or legal entity in supply chain which provides in the market explosive for civil application;
explosive emulsion – the dosed mix of two liquids which are insoluble in each other and in combination have explosive properties;
the label – the text on the material carrier printed, put/attached to explosive for civil application which accompanies product throughout its service life and contains mainly identification elements, technical characteristics, instructions for use and safety, and also any other corresponding data which the producer will consider necessary;
explosives – the materials and products considered as explosive according to recommendations of the United Nations about transportation of dangerous goods and belonging to the class of 1 of these recommendations;
the equipped explosive – the explosive placed in the case from paper, cardboard, plastic or other material and used in such type;
loose explosive – the explosive, such as simple explosive mixes which is not placed in the case which in the place of use is loaded by drift by means of the pump or pneumatic means;
the importer – any physical person or legal entity which places in the market of the Republic of Moldova explosive for civil application from other country;
transactions with explosives – production, sale, storage, import, export, re-export, transit of explosives for civil application and/or work with explosives for civil application;
economic operators – the producer, the authorized representative, the importer, the distributor and any physical person or legal entity which is engaged in the activities connected with storage, use, transfer, import, export or sale of explosives for civil application;
permission to obtaining and storage of explosive materials – the document issued according to the law competent authority, certifying the right of its owner to receive (to acquire) and/or to store (to keep) explosive materials for civil application;
precursors of explosives – certain substances and mixes which can be transformed to explosive as a result of chemical reaction or series of chemical reactions;
the producer – any physical person or legal entity which makes explosive for civil application or for which explosive is designed or made for civil application and which sells this explosive under the name or the trademark or uses it for own needs;
the authorized representative – any physical person or legal entity which received from the producer the written order on actions from his name in connection with accomplishment of specific objectives;
transportation of explosives – any physical movement of explosives for civil application on the territory of the Republic of Moldova, and also from other states to the Republic of Moldova or in the opposite direction, except for movements within one site;
explosive substance – the main base form-building unit of the homogeneous body consisting of the atoms and molecules which are formed of the same firm, liquid or gaseous elements in which certain form, color, smell, taste are inherent and which has explosive properties.
(1) the Government performs the following functions:
a) realizes state policy in the field of turnover and use of explosives;
b) approves technical regulations on provision in the market and to control of explosives;
c) approves technical regulations on creation of system of recognition and tracking of explosives;
d) establishes conditions and technical requirements for the rooms intended for storage of explosives, and also the rooms intended for preparation or equipment of explosives.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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