LAW OF THE REPUBLIC OF MOLDOVA

of July 3, 1997 No. 1236-XIII

About the mode of harmful products and substances

This law establishes legal framework of the activities connected with production, warehousing, transportation and use of harmful products and substances, their import and export for the purpose of exception, decrease or prevention of adverse effect of these products and substances per capita and the environment.

Chapter I General provisions

Article 1. Basic concepts

In this law the following basic concepts are used:

harmful product - material, held for use in the national economy and having properties which in case of its stay in the environment can lead to violation of functioning of human, animal, vegetable organisms or ecosystems;

hazardous substance - any substance which in case of contact with live organisms can do them harm;

dangerous goods - substances, materials, products from them and their waste which owing to the physical condition, chemical and biological properties can create in the course of transportation and warehousing threat for life and human health, to cause environmental pollution;

the mode of harmful products and substances - system of the regulations and rules regulating activities for production, shipment, transportation, warehousing, manipulation, use, import and export of these products and substances, and also cultivation of plants for the purpose of receipt of poisonous substances;

manipulation - the actions made by manual method with harmful products and substances in process from their production before use.

Article 2. The legislation regulating questions of the activities connected with harmful products and substances

(1) the Legislation regulating questions of the activities connected with harmful products and substances consists of this law, the Marine life protection act of the rights of consumers, the Law on environmental protection, the Law on civil protection, the Law on sanitary and epidemiologic providing the population, the Occupational health and safety act and other regulations.

(2) Operation of this law does not extend to narcotic products and substances, radioactive materials which mode is regulated by special precepts of law.

Chapter II of Power of bodies of the public power in questions of regulation of the activities connected with harmful products and substances

Article 3. Competence of the Government

Government:

a) adopts resolutions and other regulations concerning the activities connected with harmful products and substances;

b) approves the National registry of potentially toxic chemicals;

c) approves actions for the prevention of incidents and accidents in warehouses where harmful products and substances are stored;

d) determines the locations and establishes procedure for functioning of specialized polygons for neutralization and burial of unsuitable harmful products and substances and their waste;

e) provides preparation and enhancement of personnel for work in this sphere.

Article 4. Competence of the central bodies of public management

(1) Ministry of Health, work and social protection:

a) exercises the state control of compliance with law, regulating questions of the activities connected with harmful products and substances;

b) establishes and keeps the National registry of potentially toxic chemicals, makes necessary changes to it;

c) makes changes to Regulations on methods of use and destruction of harmful products and substances and their waste;

d) draws the conclusions about the Regulations on procedure for transportation, storage and use of fertilizers and pesticides and the List of chemical and biological remedies and stimulation of growth of plants;

e) issues permissions to the activities connected with harmful products and substances;

f) approves threshold limit values of hazardous substances in the soil, water, air and food;

g) carries out toksiko-hygienic expertize of potentially toxic chemicals and resolves their registration;

(2) Ministry of Agriculture, regional development and environment:

a) exercises departmental control of compliance with law during the work with pesticides and fertilizers;

b) constitutes the List of chemical and biological remedies and stimulation of growth of plants and submits it for approval to Republican interdepartmental council on approbation of chemical and biological remedies and stimulation of growth of plants;

c) carries out certification of chemical and biological remedies and stimulation of growth of plants, keeps strict account of use of pesticides in agricultural industry;

d) will organize network of laboratories according to the analysis and quality control of pesticides and fertilizers, control of compliance to the established regulations of their concentration in the soil, fodder, vegetable and animal agricultural products;

e) exercises the state control of compliance with laws and other regulations concerning environmental protection in case of production, warehousing, transportation, use, neutralization, burial of harmful products and substances, and also their waste;

f) approves Regulations on methods of use and neutralization of harmful products and substances and their waste, Regulations on procedure for transportation, storage and use of fertilizers and pesticides, the List of chemical and biological remedies and stimulation of growth of plants;

g) approves the National registry of potentially toxic chemicals, the locations of specialized polygons for neutralization and burial of unsuitable harmful products and substances and their waste.

(3) ceased to be valid.

(4) Service of civil protection and emergency situations of the Ministry of Internal Affairs together with the Ministry of Agriculture, regional development and the environment:

a) approve and exercise supervision of import, export, transportation, use and neutralization of harmful products and substances (chemical, biological, explosive, flammable);

b) resolve import, export of harmful products and substances and transportation on the territory of the republic of dangerous goods;

c) register and approve lists of dangerous goods;

d) approve lists of the business entities using harmful products and substances, and also lists of the companies to which transportation of dangerous goods is resolved;

e) develop and approve in coordination with the Ministry of Economy and Infrastructure, the Ministry of Internal Affairs, the Ministry of Health, work and social protection settlement amounts of forces and means necessary for prevention of emergencies in transit and use of harmful products and substances, and also for mitigation of consequences of possible accidents;

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