ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of October 2, 2002 No. 1284

About approval of the Regulations on procedure for carrying out tender on receipt of the license for realization of scrap and waste of ferrous and non-ferrous metals, the fulfilled rechargeable batteries, including in the processed type, to the business entities who are in the territory of the Republic of Moldova and not having tax relations with its budget system and also for their export

According to part (2-1) articles 8 of the Law on regulation of business activity by licensing No. 451-XV of July 30, 2001. (The official monitor of the Republic of Moldova, 2001, Art. N108-109, 836), with subsequent changes and amendments, DECIDES: the Government

Approve:

1. The regulations on procedure for carrying out tender on receipt of the license for realization of scrap and waste of ferrous and non-ferrous metals, the fulfilled rechargeable batteries, including in the processed type, to the business entities who are in the territory of the Republic of Moldova and not having tax relations with its budget system and also for their export (are applied).

Staff of the Commission on the organization of tender on receipt of the license for realization of scrap and waste of ferrous and non-ferrous metals, the fulfilled rechargeable batteries, including in the processed type, to the business entities who are in the territory of the Republic of Moldova and not having tax relations with its budget system and also for their export, according to appendix.

2. Determine that in case of release of members of the commission from the held state positions of their obligation as a part of the commission persons who are again appointed to the corresponding state positions, without adoption of the new order of the Government will carry out.

Prime Minister of the Republic of Moldova

Vasile Tarlev

Countersign: First deputy. Prime Minister

Vasily Iovv

Deputy. Prime Minister, Minister of Economic Affairs

Stefan Odazhiu

Minister of Industry

Mikhail Garshtya

Minister of Justice

Ion Moray

Approved by the Order of the Government of the Republic of Moldova of October 2, 2002 No. 1284

Regulations on procedure for carrying out tender on receipt of the license for realization of scrap and waste of ferrous and non-ferrous metals, the fulfilled rechargeable batteries, including in the processed type, to the business entities who are in the territory of the Republic of Moldova and not having tax relations with its budget system and also for their export

I. General provisions

1. This provision is developed according to part (2-1) articles 8 of the Law on regulation of business activity by licensing No. 451-XV of July 30, 2001 requirements with subsequent changes and amendments.

2. The provision establishes procedure for carrying out tender on receipt of the license for realization of scrap and waste of ferrous and non-ferrous metals, the fulfilled rechargeable batteries, including in the processed type, to the business entities who are in the territory of the Republic of Moldova and not having tax relations with its budget system and also for their export (further - tender).

II. Procedure for the organization of tender

3. Competition will be organized by the Commission on the organization of tender on receipt of the license for realization of scrap and waste of ferrous and non-ferrous metals, the fulfilled rechargeable batteries, including in the processed type, to the business entities who are in the territory of the Republic of Moldova and not having tax relations with its budget system and also for their export (further - the Commission).

4. The commission chairman carries out the following obligations:

- provides accomplishment of its function;

- establishes the place and date of tender;

- directs working commission sessions;

- signs the letters and decisions published in the course of activities of the Commission.

5. Job responsibilities of the secretary of the Commission are:

- preparation of the agenda and materials which are subject to consideration at meeting, and distribution to their members of the commission;

- written notice of members of the commission of the place and date of meeting;

- registration and accounting of the documents accepted by the Commission from participants of tender, and the decisions published by the Commission;

- provision to members of the commission according to their requirement of information on participants of tender;

- registration of correspondence of the Commission;

- maintaining and signing of protocols of commission sessions;

- maintaining archive of claims and claims of participants of tender, protocols and decisions of the Commission.

6. The commission will organize competition at least once a year.

7. The commission declares carrying out tender via the Official monitor of the Republic of Moldova. The announcement of carrying out tender and its condition are published not later than 30 calendar days before date of tender with indication of date and limiting time of submission of documents.

8. The bid (with the enclosed documents) is submitted the Commissions not later than 10 calendar days before date of tender.

III. Conditions of participation in tender

9. Only legal entities - the owners of licenses for collection and/or storage of waste and scrap of ferrous and non-ferrous metals performing the activities in the field at least 7 years, in accordance with the terms, provided by the charter of the company can participate in tender.

10. For participation in tender economic agents shall:

a) have:

- the equipped platforms, including the enclosed space for storage and conversion of waste and scrap of ferrous and non-ferrous metals, loading and shipping devices, the special equipment for conversion, the measuring and weighing devices, other equipment and the equipment (according to appendix to this provision);

- at least than three branches which are engaged in collection and/or storage of waste and scrap of ferrous and non-ferrous metals;

- qualified personnel in the field;

- the authorized capital in the amount of at least three million lei supported by the relevant documents;

b) submit the following documents:

- the application for participation containing the following data: the name, the organizational legal form, legal address, the location and fiscal code of the company, the location of branches or other divisions of the company, copies of the registration certificate of the charter of the company certified of the procedure established by the law;

- the reference issued by the State Tax Administration on lack of debts to the consolidated budget and the budget of the national social insurance;

- the staff list, payroll number of workers, copies of diplomas about the higher or secondary education (for specialists) and copies of certificates of professional certification in the field (for workers);

- permissions or certificates granted by sanitary, fire, ecological bodies, and also bodies of labor protection;

- act of origin of waste and write-off of devices and equipment in duplicate;

- contract with the foreign partner;

- the conclusions of the Ministry of Internal Affairs and Chamber of Commerce and Industry confirming availability of scrap and waste and observance of rules of their collection;

- technical characteristics of scrap and waste;

- the documents confirming the property right to the property (copies of acts, sale and purchase agreements, copies of fiscal invoices certified in accordance with the established procedure, etc.) specified in appendix to this provision;

- the business plan containing amount of the expected investments, the concept of sustainable development of the company, quantity of workplaces and possibility of creation of new workplaces, the forecast of commercial and export opportunities expected production volume, etc.

11. The commission has the right to perform verification of the submitted documents on places.

IV. Carrying out tender and its results

12. Competition is held by consideration and assessment on commission sessions of requests and the documents submitted by applicants.

13. Commission session is considered competent if at it there are at least 2/3 of her members.

14. The decision of the Commission is made by a majority vote her members participating in meeting and is noted in the protocol which is signed by the commission chairman. In case of parity of voices the voice of the chairman is decisive.

15. The commission makes the decision following the results of tender in 5-day time.

16. The decision of the Commission on results of tender is published in the Official monitor of the Republic of Moldova, and on the basis of this decision the Agency of the state services grants the renewed license to the legal entity - the winner of tender.

V. Responsibility

17. Results of tender can be appealed according to the current legislation.

Appendix

to Regulations on procedure for carrying out tender on receipt of the license for realization of scrap and waste of ferrous and non-ferrous metals, the fulfilled rechargeable batteries, including in the processed type, to the business entities who are in the territory of the Republic of Moldova and not having tax relations with its budget system and also for their export

The list of means which the participant of tender on receipt of the license for realization of scrap and waste of ferrous and non-ferrous metals, the fulfilled rechargeable batteries, including in the processed type, to the business entities who are in the territory of the Republic of Moldova and not having tax relations with its budget system and also for their export shall have

The specialized (operating) equipment on scrap metal conversion:

Freight vehicles for scrap metal transportation - at least 20 units

Automobile cranes for loading (shipment) of scrap metal - at least 3 units

Scales automobile 30-ton - at least 4 units

Separator magnetic for department of particles - at least 1 unit

Scissors for cutting of color scrap - at least 1 unit

Struzhkodrobilka for black scrap - at least 1 unit

Press packet stationary for color scrap - at least 1 unit

Press packet mobile for color scrap - at least 1 unit

The GPC crane - 5 - at least 4 units

Platform bridge - at least 2 units

The crane bridge MG5/5 - at least 4 units

SPA-400 press packet - at least 1 unit

Furnaces, machines and the equipment for production of castings from aluminum - at least 1 unit

The laboratory equipped with the confided devices and the special equipment - at least 1 unit

Auto-loader (three-ton or five-ton) - at least 2 units

Washer magnetic M-45, M-42, of M-22 (five-ton) - at least 10 units

Electrotelpher (five-ton) - at least 2 units

Block Item of gas station - at least 2 units

The self-propelled hydraulic FUX excavator (five-ton) for color scrap - at least 1 unit

The bulldozer T-130 for black scrap - at least 1 unit

Oxygen-transfer shop for black scrap - at least 1 unit

Underground gas-holder for black scrap - at least 1 unit

The special industrial platform with firm (concrete or asphalt) covering at least 30 thousand sq.m, and branches - the hard-standing spaces equipped with technical stock (the crane, magnetic washers and other mechanisms and aggregates) used during engineering procedure for sorting, conversion, loading (unloading) of waste of scrap of ferrous and non-ferrous metals).

Appendix

to the Order of the Government of the Republic of Moldova of October 2, 2002 No. 1284

Staff of the Commission on the organization of tender on receipt of the license for realization of scrap and waste of ferrous and non-ferrous metals, the fulfilled rechargeable batteries, including in the processed type, to the business entities who are in the territory of the Republic of Moldova and not having tax relations with its budget system and also for their export

Igor - the First Deputy Prime Minister, the Minister of Economy and Trade (commission chairman) is given the rest

The Kistruga Zinaida is the CEO of Licensed chamber

What Ion is deputy director general of the National agency on protection of the competition

To Vulpa Vasile - the chief of legal management of the Ministry of Economy and Trade

Kandu Ion is the head of department of management of border and information violations of the Ministry of Internal Affairs

Donoage Oleg is the head of department of licensing of activities in the industry, on transport and in construction of Licensed chamber

Kaleynik Natalia is the head of department of the analysis, strategic planning and European integration of Customs Service.

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