ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of February 18, 2016 No. 143

About approval of Rules of internal transportation of dangerous goods

Based on provisions of the Resolution of Parliament No. 44-XIV of June 4, 1998 about accession of the Republic of Moldova to the European agreement on the international road delivery of dangerous goods (The official monitor of the Republic of Moldova, 1998, Art. No. 54-55, 388), the Law No. 296-XVI of December 21, 2007 on ratification of the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN) (The official monitor of the Republic of Moldova, 2008, Art. No. 5-7, 21) and Item 85 of the National plan of action for implementation of the Agreement on association the Republic of Moldova – the European Union for 2014-2016, approved by the Order of the Government No. 808 of October 7, 2014. (The official monitor of the Republic of Moldova, 2014, Art. No. 297-309, 851), the Government DECIDES:

1. Approve Rules of internal transportation of dangerous goods (are applied).

2. Appoint the Ministry of Economy and Infrastructure responsible for approval of the list of departures at the national level from the European agreement on the international road delivery of dangerous goods signed in Geneva on September 30, 1957 from the Regulations about the international rail hauling of dangerous goods presented in the form of appendix C to the Convention on the international rail haulings (COTIF) accepted in Vilnius on June 3, 1999 and from the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways signed in Geneva on May 26, 2000.

3. To impose control over the implementation of this resolution on the Ministry of Economy and Infrastructure.

Approved by the Order of the Government of the Republic of Moldova of February 18, 2016 No. 143

Rules of internal transportation of dangerous goods

These rules partially adopt provisions of the Directive 2008/68/EU of the European parliament and the EU Council of September 24, 2008 about domestic transports of dangerous goods published in the Official magazine of the EU No. L 260/13 of September 30, 2008.

Section I. General provisions

1. Rules of internal transportation of dangerous goods (further – Rules) are applied to road, rail haulings or transportations on inland waterways of dangerous goods in case of approval of additional corrections to the European agreement on the international road delivery of dangerous goods (ADR), Regulations on the international rail hauling of dangerous goods (RID) and the European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways (ADN), including transactions on loading and unloading, overload from one mode of transport on another, and also the parking connected with circumstances of transportation.

2. These rules are not applied to transportation of dangerous goods:

a) the motor transport, goods cars or courts belonging to armed forces or being under their responsibility;

b) seagoing crafts on the sea waterways which are part of inland waterways;

c) the ferry boats crossing only inland waterways or harbors; or

d) only in perimeter of the fenced zone.

3. The central industry body of public management claims and establishes special safety requirements of domestic and international carriages of dangerous goods on the territory in the relation:

a) transportations of dangerous goods by motor transport, the goods cars or courts intended for the inland waterways which are not provided by these rules;

b) uses in reasonable cases of the ordered travel lines, including uses of the ordered vehicles;

c) special rules of transportation of dangerous goods in passenger trains.

4. In case of approval of special requirements according to provisions of Item 3 of these rules the central industry body of public management informs the United Nations Economic Commission for Europe on such provisions and their justification.

5. Transportation of dangerous goods at the national level is prohibited if requirements for safety and requirements for environmental protection in transit are not observed.

6. Without prejudice to provisions of the Section III of these rules, dangerous goods is not allowed to transportation in that measure in what it is forbidden by appendices No. 1, 2 and 3 to these rules.

7. Without prejudice to general rules of access to the market or generally applicable rules of transportation of dangerous goods, it is allowed, according to Item 3 of these rules, carriage of goods in case of observance of the conditions provided in appendices No. 1, 2 and 3 to these rules.

8. Transportation of dangerous goods is allowed, according to the current legislation, in that measure in what it conforms to requirements of ADR, RID or ADN.

9. In these rules the following determinations are used:

ADN – The European Agreement concerning the International Carriage of Dangerous Goods by Inland Waterways signed in Geneva on May 26, 2000;

ADR – The European agreement on the international road delivery of dangerous goods signed in Geneva on September 30, 1957;

COTIF – Convention on the international rail haulings;

OSZhD – Organization of cooperation of the railroads;

the central industry body of public management – the Ministry of Economy and Infrastructure;

RID – The regulations about the international rail hauling of dangerous goods presented in appendix C form to the Convention on the international rail haulings (COTIF) accepted in Vilnius on June 3, 1999 with corrections to this convention;

the vessel – according to provisions of article 2 of the Law No. 176 of July 17, 2013 on inland water transport of the Republic of Moldova;

SMGS – Agreement on the international railway freight traffic;

the car – any rail vehicle without own power unit which moves on own wheels on rails and is intended for carriage of goods;

the vehicle – according to part provisions (1) article 5 of the Code of road transport No. 150 of July 17, 2014;

the fenced zone – specially equipped perimeter intended especially for transportation, the parking and storage of dangerous goods.

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