LAW OF THE REPUBLIC OF MOLDOVA

of February 14, 2002 No. 852-XV

About approval of the Regulations on the commercial mode and regulation of use of the halogenated hydrocarbons destroying ozone layer

The Parliament adopts this organic law.

Art. 1. - Approve the Regulations on the commercial mode and regulation of use of the halogenated hydrocarbons destroying ozone layer, attached to this law and which are its integral part.

Art. 2. - To the government in three-months time:

- develop the regulations necessary for enforcement of this law;

- provide review, updating or cancellation to bodies of the central public management of the regulations relating to subject of this law.

Appendix

to the Law of the Republic of Moldova of February 14, 2002 No. 852-XV

Regulations on the commercial mode and regulation of use of the halogenated hydrocarbons destroying ozone layer

This provision is developed according to provisions of the Convention on the protection of ozone layer concluded in Vienna on March 22, 1985, and the Protocol on the substances destroying ozone layer signed in Montreal on September 16, 1987 which the Republic of Moldova joined the Resolution of Parliament No. 966/1996, and also based on Item d) article 56 of the Law on environmental protection No. 1515/1993.

This provision shifts Article 1-8, 10-15, 17, 22–24 and 27, appendix II, appendix III, appendix V and appendix VI of Regulations (EU) 1005/2009 European Parliament and Council of September 16, 2009 about the substances destroying ozone layer, the European Community L 286 published in the Official magazine of October 31, 2009 with the last changes made by Regulations (EU) 2017/605 Commissions of March 29, 2017 (CELEX: 32009R1005).

I. General provisions

1. The substances destroying ozone layer which use is subject to control are the chemical goods specified in appendix 1 to this provision.

2. Requirements of this provision are applied to production, import, export, re-export, transit, introduction into circulation in the market, realization, to use, recuperation, recirculation and regeneration of the substances destroying ozone layer provided in pure form or in mixes in which concentration of such substances exceeds 1 percent of weight when they are in bulk or in shipping containers, to new substances, and also to the equipment and products specified in appendix 2 to this provision which contain the substances listed in appendix 1 to this provision.

3. Requirements of this provision do not extend on:

1) production, realization and use of the substances specified in appendix 1 to the called provision if these substances are the samples intended for research works, works on enhancement, for application in the analytical purposes, in the laboratories controlling product quality or for implementation of other types of activity in cases when the mass of the corresponding substance does not exceed 10 kg;

2) the works performed using the substances recuperated from installations and the equipment and considered as waste. Control of this waste is exercised according to the Law on waste No. 209/2016, with the regulations approved by the Government based on this law and the Basel Convention on the Control of Trans-boundary Movement of Hazardous Wastes and their removal which the Republic of Moldova joined the Resolution of Parliament No. 1599/1998.

3-1. For the purpose of this provision the used basic concepts mean the following:

the technological agent – the regulated substance applied as the agent to chemical processing in the processes specified in appendix 7;

the thermal pumping unit – the installation developing heat, using heat of the environment from air, water or soil source, or the fulfilled heat;

the company – physical person or legal entity, which:

a) takes part in recuperation, recirculating, regeneration, use or destruction of regulated substances;

b) imports regulated substances;

c) exports, re-exports regulated substances;

d) enters on the market or provides regulated substances in the market; or

e) operates the refrigerating, conditioning equipment, thermal pumping units or fire-proof systems which contain regulated substances;

quarantine transactions – the processing applied to prevention of penetration, acclimatization or reproduction of the parasites who are subject to quarantine (including diseases), or for ensuring official control of such parasites or diseases if:

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