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 galoidirovanny 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 galoidirovanny hydrocarbons destroying ozone layer, attached to this law and being 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 galoidirovanny hydrocarbons destroying ozone layer

This provision is developed according to requirements of the Vienna convention on protection of ozone layer of 1985 and the Montreal protocol for the substances destroying ozone layer of 1987 which the Republic of Moldova (The resolution of Parliament No. 966-XIII of July 24, 1996), and also with the Law on environmental protection No. 1515-XII of June 16, 1993 joined.

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, 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.

II. Restrictions of rather commercial mode and use of the galoidirovanny hydrocarbons destroying ozone layer

4. Are prohibited:

1) import, export, re-export, transit and introduction into circulation in the market:

a) the chemicals specified in appendix 1 to this Provision from the countries, to the countries, through the countries or in the countries which are not the party of the Montreal protocol on the substances destroying ozone layer (further - the Montreal protocol);

b) the equipment containing the substances specified in I and II groups of appendix A * of technologies which cannot continuously function without chemicals specified in I and II groups of appendix A, in I, II and III groups of appendix B in I, II and III groups of appendix C, and also products received by means of these substances irrespective of, contains or it does not contain such substances, from the countries, to the countries, through the countries or in the countries which are not the party of the Montreal protocol;

c) cars of all types, and also aircrafts equipped with installations for air conditioning, new or former in the use which function with use of the chemicals specified in I and II groups of appendix A, in the I group of appendix B, in I, II and III groups of appendix C;

d) not intended for private use, new or former in the use, the equipment and components of the equipment (refrigerators, deep freezes, ice generators, the cooling installations, conditioners, heatpumps, etc.), and also technologies for production of household, trade and industrial refrigeration units, according to the substances containing or operating with use specified in I and II groups of appendix A, in the I group of appendix B in I, II and III groups of appendix C, or the products containing these substances or received by means of such substances irrespective of, includes or it does not include the specified substances;

e) not intended for private use, new or former in the use, the equipment and components of the equipment (refrigerators, deep freezes, ice generators, the cooling installations, conditioners, heatpumps, etc.), and also technologies for production of household, trade and industrial refrigeration units which do not contain the chemicals specified in I and II groups of appendix A, in the I group of appendix B, in I, II and III groups of appendix C, but the design of which does not allow them to function continuously without these substances;

f) the fire-proof equipment and products, including portable fire extinguishers containing the substances specified in the II group of appendix A.

Till July 1, 2002 the bodies performing issue of permissions to installation and use of the equipment of products intended for the prevention and suppression of the fires are authorized to allow variations from this Item if the fire-proof equipment and products contain the above-stated substances, however are extremely necessary for protection of life and safety of the population or if such variations are provided by requirements of the Montreal protocol;

g) the aerosols containing the chemicals specified in the I group of appendix A and in I, II and III groups of appendix C.

The exception is constituted by the goods necessary for maintenance of health or safety of the population:

- the pharmaceutical means in the form of aerosols in barrels used in case of treatment of chronic obstructive diseases of slight, cardiological diseases and also medical medicines which active agents can be applied only in the form of aerosol;

- the special means made by request of the Ministry of Internal Affairs or other representatives on that the organizations and put by them into practice, intended for ensuring public order and used in cases, stipulated by the legislation;

h) the chemicals specified in I and II groups of appendix A, in I, II and III groups of appendix B, in II and III groups of appendix C, irrespective of their origin, except as specified, stipulated in the Montreal protocol;

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