LAW OF THE REPUBLIC OF MOLDOVA

of March 13, 2025 No. 47

About introduction of amendments to the Law on the mode of pyrotechnic products No. 143/2014

The Parliament adopts this organic law.

Art. I. - In the Law on the mode of pyrotechnic products No. 143/2014 (Official monitor of the Republic of Moldova, 2014, Art. No. 352-357, 660), with subsequent changes, to make the following changes:

1. After formula of acceptance to add the law with formula of harmonization of the following content:

"This law partially shifts (Article 1, Items (e) and (g) of part (2) Articles 2, Item 1 of Article 3, part (1) Articles 4, Article 5, the subitem (iv) of Item (a) of part (1) and Item (b) of Article 6, of part (3) and (4) articles 7, of article 8 and 9, of part (1), (2) and (4) articles 10, of article 11 and 12, part (1), the first paragraph of part (2), parts (3) - (5) articles 13, of article 14-21, of article 23-29, Article 31, of part (2) and (4) articles 32, of article 33-35, the second paragraph of Article 37, of part (1) and (3) Articles 38, the first and second paragraphs of part (1), parts (2) - (5) and (8) Articles 39, parts (1) and (2) Articles 40, parts (1) - (3) Articles 41, Article 42, appendices I-III) the Directive of the European parliament and Council 2013/29/EU of June 12, 2013 about harmonization of the legislation of state members concerning placement in the market of pyrotechnic products (in the new edition), published in the Official magazine of the European Union by L 178 of June 28, 2013, CELEX: 32013L0029, with the last changes made by way of modification of the edition in Romanian published in the Official magazine of the European Union by L 94 of March 18, 2021.".

2. In all text of the law of the word "category 1" shall be replaced with words "category F1", the words "category 2" - the words "category F2", the words "category 3" - the words "category F3", the words "category 4" - the words "category F4", words "categories 1, 2 and/or 3" shall be replaced with words "categories F 1, of F2 and/or F3" in the corresponding case.

3. In Article 1:

part (to state 1) in the following edition:

"(This law establishes 1):

a) the regulations aimed at providing free circulation of pyrotechnic products in the domestic market of the Republic of Moldova, and providing the high level of protection of human health and public safety, and also protection and safety of consumers taking into account the corresponding aspects connected with environmental protection;

b) the main requirements to safety provided by appendix 1, to which there shall correspond pyrotechnic products for their placement in the market.";

in part (3):

changes in the prolog concern only the text in Romanian;

Item е) to state in the following edition:

"e) the explosives falling under operation of the Law on the mode of explosives for civil application No. 67/2024;";

add part with Item h) the following content:

"h) the pyrotechnic products of entertaining appointment made by the producer with the location in the Republic of Moldova, intended for private use and not for dealing purposes, and approved by National inspectorate for technical supervision (further - NITN) for use only in the territory of the Republic of Moldova and which remain in the territory of the Republic of Moldova.";

part (to recognize 4) invalid.

4. In Article 2:

in the concept "pyrotechnic product" the word "intended" to replace with the word "intended";

add Article with the offer of the following content:

"In this law the concepts determined in article 2 of the Law on activities for accreditation and assessment of conformity No. 235/2011 are also used.".

5. State Article 3 in the following edition:

"Article 3. Differentiation of competences

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

(2) Ministry of Internal Affairs:

a) is the regulating body in the field of pyrotechnic products (further - the regulating body) and performs powers according to provisions of this law, Supervisory act behind the market and compliance of products No. 162/2023, of the Law on activities for accreditation and assessment of conformity No. 235/2011 and the Law on technical regulation No. 420/2006;

b) develops the regulatory base about pyrotechnic products;

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

d) creates the commission on authorization of fireworkers.

(3) the National center for accreditation is the public organization appointed as the single national authority on accreditation (MOLDAC).

(4) NITN:

a) is body for supervision of the market in the field of pyrotechnic products and performs powers according to provisions of the Supervisory act behind the market and products No. 162/2023 compliance;

b) exercises technical supervision and the state control in the field of fire supervision in production sites, assemblies, storages and/or realization of pyrotechnic products;

c) exercises control and provides the admission for holding fireworks in public places with use of pyrotechnic products of entertaining purpose of category F 4, of pyrotechnic products of scenic purpose of category T2 and/or other pyrotechnic products of category P2.

(5) Local authorities of the public power according to the Law on domestic trade No. 231/2010 accept notifications and register the trade items realizing pyrotechnic products of entertaining purpose of categories F 1, F 2, F 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 pyrotechnic products of entertaining purpose of categories F 1, F 2, F 3, pyrotechnic products of scenic purpose of category T1 and/or other pyrotechnic products of category P1.".

6. Add the law with Article 3-1 of the following content:

"Article 3-1. Free circulation and placement in the market

Establishment of prohibition, restrictions or creation of obstacles for placement in the market of the pyrotechnic products meeting the requirements of this law is not allowed.".

7. In Article 4:

Item b) after the word of "events" to add with the word "local";

Item g) to state in the following edition:

"g) placement in the market by producers, importers and distributors, the fireworkers except for authorized, the following pyrotechnic products:

- pyrotechnic products of entertaining purpose of category F4;

- pyrotechnic products of scenic purpose of category T2 and other pyrotechnic products of category P2;";

add Article with Items h) and i) the following content:

"h) placement in the market for the general public of other pyrotechnic products of category P 1, intended for vehicles, including safety cushions and systems of pretension of seat belts, except as specified, when these pyrotechnic products intended for vehicles were built in the vehicle or removable part of the vehicle;

i) use of pyrotechnic products during the meetings, meetings, protest actions, meetings including held in the enclosed space or other populous public places.".

8. In Article 5:

Item d) parts (to state 3) in the following edition:

"d) category F4 - the pyrotechnic products of entertaining appointment intended to use by exclusively authorized fireworkers with high risk level (referred to as with "pyrotechnic products of entertaining appointment for professional use") which noise level does not damage human health.";

parts (4) and (to state 6) in the following edition:

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

a) category T1 - pyrotechnic products of scenic appointment with low risk level;

b) category T2 - pyrotechnic products of scenic appointment, held for use exclusively authorized fireworkers.";

"(6) According to appendix 3 to the Law on the mode of explosives for civil application No. 67/2024 of product, 0333 classes 1.1 G specified in headings of the UN to No., the UN No. 0334 classes 1.2 G, the UN No. of the 0335th class 1.3 G and the UN No. of the 0336th class 1.4 G, are recognized pyrotechnic products of entertaining appointment.".

9. State Articles 6 and 7 in the following edition:

"Article 6. Obligations of producers

(Producers shall provide 1) In case of introduction on the market of pyrotechnic products that they were designed and made according to the main requirements for safety provided by appendix 1.

(2) Producers constitute the technical documentation specified in appendix 2, and request holding the corresponding procedure for the assessment of conformity specified in Article 11.

(3) In case of confirmation of conformity of pyrotechnic product to the requirements applied according to the specified procedure, producers publish the declaration of the EU on compliance and put marking of "SE".

(4) Producers store technical documentation and the declaration of the EU on compliance within 10 years after introduction on the market of pyrotechnic product.

(5) Producers provide availability of the procedures guaranteeing continuous compliance of batch production to requirements of this law. The changes made to designing or affecting characteristics of pyrotechnic product, and also change in the harmonized standards or in other specifications based on which compliance of any pyrotechnic product is declared are considered as appropriate.

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