LAW OF THE REPUBLIC OF MOLDOVA

of July 17, 2014 No. 143

About the mode of pyrotechnic products

The Parliament adopts this organic law.

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.

Chapter I. General provisions

Article 1. Area of regulation

(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.

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

f) ammunition;

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

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.

(4) Voided according to the Law of the Republic of Moldova of 13.03.2025 No. 47.

Article 2. Basic concepts

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

pyrotechnic product – the product containing explosives or the mix of 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.

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.

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.

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.

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 local, 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) 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;

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.

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 F1 – 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 F2 – the pyrotechnic products of entertaining appointment with low risk level and insignificant noise level used in limited space out of rooms;

c) category F3 – 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 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.

(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.

(5) Other pyrotechnic products are subdivided into the following categories:

a) category P1 – pyrotechnic products, others, than pyrotechnic products of entertaining or scenic appointment, with low risk level;

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