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LAW OF THE REPUBLIC OF MOLDOVA

of July 17, 2014 No. 143

About the mode of pyrotechnic products

(as amended on 15-07-2022)

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Area of regulation

(1) This law establishes the legal basis of the mode of pyrotechnic products and the main requirements to their safety, and also conditions of turnover of those in the territory of the Republic of Moldova, providing the high level of protection of human health and public safety and considering the relevant aspects connected with environmental protection.

(2) This law is applied to the pyrotechnic products of entertaining appointment, pyrotechnic products of scenic appointment and pyrotechnic products used in vehicles.

(3) This law does not extend on:

a) the pyrotechnic products intended for non-commercial use by bodies of public management with powers in the field of national defense, state security and public order and also the divisions which are under their supervision or management which mode is regulated by special laws and regulations;

b) sea equipment;

c) pyrotechnic products, held for use in the aerospace industry;

d) the caps put in action by the drummer which are made especially for use in toys;

e) explosives of civil and military application;

f) ammunition;

g) anti-hail rockets, held for use in the field of active impact on hydrometeorological processes.

(4) If international treaties which party is the Republic of Moldova, provide other rules, than established by the national legal system on the mode of pyrotechnic products provisions of the corresponding international treaty are applied.

Article 2. Basic concepts

For the purpose of this law the following used concepts mean:

pyrotechnic product – the product containing explosives or mix of the explosives intended for production of effect in the form of heat, light, sound, gas or smoke or combination of these effects by means of self-sustaining exothermic chemical reactions;

pyrotechnic products of entertaining appointment – pyrotechnic products, held for use in the entertaining purposes;

pyrotechnic products of scenic appointment – pyrotechnic products, held for use on the stage, indoors or in the open air, including for cinema, television or other similar purposes;

the pyrotechnic products used in vehicles – the components of safety controls of vehicles containing the pyrotechnic substances used for actuating of these devices or other mechanisms;

garland from petards – structure from two or more petards connected in single whole and connected in chain for consecutive explosions;

garland of feyerverochny products – integral structure of the feyerverochny products connected serially or in parallel for the consecutive deflagration or rather slow burning making a lot of light;

the economic operator – the producer, the importer and/or the distributor of pyrotechnic products;

petard – the cardboard or plastic cylinder filled with explosives making in case of explosion inherent only to fireworks noise and smoke;

feyerverochny product – petard which as a result of explosion or rather slow burning of pyrotechnic mix makes a lot of light;

the authorized fireworker – the specialist, the representative to manage and/or use pyrotechnic products of entertaining purpose of category 4, pyrotechnic products of scenic purpose of category T2 and/or other pyrotechnic products of category P2;

withdrawal – any measure taken for the purpose of return of the pyrotechnic products delivered to the final consumer;

response – any measure for prevention of delivery to the market of pyrotechnic products from network of supply;

specification – the document determining technical requirements to pyrotechnic products.

Article 3. Differentiation of competences

(1) the Agency of the state services performs powers in the field of pyrotechnics according to the Law on regulation of business activity by permission No. 160/2011.

(2) the Ministry of Internal Affairs according to this law is the regulating body in the field of pyrotechnics and has the following powers:

a) develops the regulatory base of turnover of pyrotechnic products;

b) creates the commission on authorization of fireworkers;

c) exercises control and supervision of rooms on production, assembly, storage and/or trade in pyrotechnic products;

d) also the admission of holding fireworks in public places with use of pyrotechnic products of entertaining purpose of category 4, of pyrotechnic products of scenic purpose of category T2 and/or other pyrotechnic products of category P2 exercises control;

e) exercises control of observance of the mode of pyrotechnic products;

f) establishes conditions of application of procedures or schemes of certification of pyrotechnic products on groups;

g) establishes the methods of carrying out testing and methods of sampling applied in the course of assessment of conformity of pyrotechnic products;

h) establishes contents of the technical documentation necessary for the edition of the declaration of conformity;

i) identifies the national standards and prestandarta used for assessment of conformity;

j) interacts and cooperates with the National center for accreditation, including for the purpose of the notification of conformity assessment bodies of pyrotechnic products.

(3) Local authorities of the public power according to the Law on domestic trade No. 231 of September 23, 2010 accept notifications and register the trade items realizing entertaining pyrotechnic products of categories 1, of 2, of 3, pyrotechnic products of scenic purpose of category T1 and/or other pyrotechnic products of category P1. Local authorities of the public power shall inform without delay body of the state fire supervision on receipt of the notification on activities of the trade items realizing entertaining pyrotechnic products of categories 1, of 2, of 3, pyrotechnic products of scenic purpose of category T1 and/or other pyrotechnic products of category P1.

Article 4. Restrictions and prohibitions

It is forbidden:

a) production, import, export, transportation, realization and use of petards, garlands from petards, feyerverochny products and garlands of feyerverochny products;

b) use of pyrotechnic products in settlements at night from 22:00 to 7.00, except for salutes on the occasion of events of national or international value;

c) trade in pyrotechnic products in the markets, in network of small retail trade or outside the authorized outlets;

d) storage and/or trade in pyrotechnic products in apartment apartment houses, in cultural institutions and educations or similar organizations, in rooms and in the stands of stadiums, in recreation parks, in the rooms located in underground passages, at the airports, in premises of bus stations and railway stations, in booths, in shops on trays, from hand trucks, trailers, mobile shops and in the territory of the explosive and/or fire-dangerous companies;

e) disassembly, alteration of pyrotechnic products or their use not to destination;

f) sale or transfer in a different way pyrotechnic products in ownership to the consumers who did not reach age of 18 years;

g) sale or transfer in a different way to ownership to consumers, the fireworkers except for authorized, pyrotechnic products of entertaining purpose of category 4, pyrotechnic products of scenic purpose of category T2 and other pyrotechnic products of category P2.

Chapter II. Classification of pyrotechnic products

Article 5. Categories of pyrotechnic products

(1) Pyrotechnic products are classified by producers according to their appointment, method of application or risk level, including noise level, as follows:

a) pyrotechnic products of entertaining appointment;

b) pyrotechnic products of scenic appointment;

c) other pyrotechnic products.

(2) the Accredited body on assessment of conformity of pyrotechnic products confirms classification within the procedures for assessment of conformity.

(3) Pyrotechnic products of entertaining appointment are divided into the following categories:

a) category 1 – the pyrotechnic products of entertaining appointment with very low risk level and insignificant noise level used in limited space including the pyrotechnic products of entertaining appointment used in premises;

b) category 2 – the pyrotechnic products of entertaining appointment with low risk level and insignificant noise level used in limited space out of rooms;

c) category 3 – the pyrotechnic products of entertaining appointment with the average level of risk used in extensive open space out of rooms which noise level does not damage human health;

d) category 4 – the pyrotechnic products of entertaining appointment used by exclusively authorized fireworkers with high risk level which noise level does not damage human health.

(4) Pyrotechnic products of scenic appointment are divided into the following categories:

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