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Concerning Modification And Completion Of Some Legislative Acts

Original Language Title: pentru modificarea şi completarea unor acte legislative

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    The Parliament adopts this organic law.
Art. I.-Law nr. 382-XIV of 6 May 1999 relating to the movement of narcotic drugs and psychotropic substances and precursors and (Official Gazette of the Republic of Moldova, 1999, no. 73-77, art. 341), as amended, is modified and completed as follows: 1. the name of the law shall read as follows: "law on circulation of narcotic drugs, psychotropic substances and precursors".
2. Throughout the law, the phrase "narcotic drugs" shall be replaced with the phrase "drug substances" at grammar.
3. In article 1: "drug" and the terms "substance addiction (drug), psychotropic substance" shall be replaced with the notions of "drugs," "narcotic substances (drugs)" and "psychotropic substances" with the following content: "drugs-narcotic or psychotropic substances or mixtures containing such substances, plants or laid down by the Government;
narcotic substances (Narcotics)-substances listed in the annexes to the United Nations Convention on the narcotic substances of 1961, as amended by the 1972 Protocol, and in the regulatory acts of the Government;
psychotropic substances-substances listed in the annexes to the Convention on psychotropic substances of 1971 and laid down in the regulatory acts of the Government, "the article is completed by the following notions:" analog of narcotic drugs or psychotropic substance (analog)-any substance times the home Association of natural substances and synthetic times in any physical state, or any product, herb, mushroom, or parts thereof, that has the capacity to produce psychoactive effects and which regardless of its content, its name, its mode of management, presentation or advertising which i do, it's times can be used instead of a substance or a preparation is stupefying, psychotropic or psychotropic effect or instead of plants or substances under national control and/or international;
products shelf (shelf)-powder mixtures and/or blends of herbs or herbs and various parts of plants sprayed with chemicals that produce changes induce physiological effects and/or mental, hallucinogenic and/or psychoactive action;
substance classified-any substance referred to in table IV of the annex, including mixtures and natural products containing such substances, grouped according to the categories laid down by the Government. Medicinal products are excluded, pharmaceutical preparations, mixtures, natural products and other preparations containing scheduled substances that are combined in such a way that they cannot be used or recovered by readily applied times viable economically;
scheduled substance-any substance which, although not possessing a particular legal regime, is identified as having been used for the illicit manufacture of narcotic drugs and psychotropic substances;
marketing-any supply, surcharge free, some times scheduled substances or the storage, manufacture, production, processing, trade, distribution or brokering of these substances for the purpose of their provision;
operator-any natural or legal person engaged in the placing on the market of scheduled substances;
user-any natural or legal person other than the operator, who holds a scheduled substance, and is involved in the processing, formulation, consumption, storage, keeping, treatment, loading containers, transfer from one container to another, mixing, processing or any other use of scheduled substances;
natural product-an organism, or a part thereof, in any form, or any substance present in nature;
medical-purpose tasks with psychotropic substances, narcotics, with precursors and their analogues in therapeutic sphere;
scientific purpose-activities with drug and psychotropic substances, with precursors and analogues thereof, and with shelf, with the objective of excluding scientific research;
purpose of evaluation activities with drug-substances, psychotropic, with their analogues or precursors as well as shelf products having the objective of excluding effectuation. "
4. Article 2 shall be supplemented by (21) with the following contents: "(21) on the territory of the Republic of Moldova prohibits the circulation of narcotic and psychotropic substances, the preparation and weed products for purposes other than scientific and/or expertise."
5. In article 7: (1) to be completed in the final text ", which lays down detailed rules for the financing of the Committee";
article is supplemented with paragraph 11 with the following contents: "(11) determination of drug substances, psychotropic substances, precursors and preparation thereof and shelf products shall be carried out in the laboratory designated by the Ministry of health." in paragraph (2) shall read as follows: "(2) the Committee shall: (a)) withdraw and suspend activity licences for use of premises intended for the objectives and activities related to the movement of narcotic psychotropic precursors, or;
b) exercising control over legal circulation of narcotic drugs, psychotropic substances and precursors;
c) estimated requirements of narcotic drugs, psychotropic substances and precursors for the Republic of Moldova and International Council presents the respective calculations for Drug Control;
d) presents at the International Council for the control of drug use information on movements of psychotropic substances and narcotic drugs, precursors in the Republic of Moldova;
It's the nature of laboratory) Narcotic and psychotropic substance or precursor times analogului its product at medicann, or. Until the determination by the Committee has examined the nature of the substance, its circulation will be suspended;
f) shall carry out the objectives and expertise of premises to determine compliance with the requirements of storage and marketing of narcotic drugs, psychotropic substances and precursors;
(g) examine documents relating the accordance) established limits of narcotic drugs, psychotropic substances and precursors with the demand for these substances;
h) examines the documents relating to the use of premises and objectives for the preparation, manufacture, sale, wholesale and retail, distribution and use of narcotic drugs, psychotropic substances and precursors. "
6. In article 12, paragraph 3, the words "International Committee of Control over Drugs" shall be replaced with the words "the International Council for the control of drugs".
7. Article 39 shall read as follows: Art. 39. (1) the operators and users who wish to place on the market scheduled substances of categories I and II will designate an official responsible for the trade in scheduled substances and shall notify the Committee of its name, contact information, and any subsequent modification of such information.
(2) the authorization of import/export of scheduled substances of category shall be issued by the Committee.
(3) Any person holding the authorisation referred to in paragraph 1. (2) of this article shall be classified in category I substances only to natural or legal persons who hold such a licence and have signed a notification to the purchaser, as provided for in art. 401 para. (1) and (4) the authorisation shall not be issued if it is established that the applicant or the person responsible for placing on the market of scheduled substances do not meet the legal requirements. The Committee may revoke the authorization if the suspend times where it is established that the holder no longer fulfils the requirements under which it was granted.
(5) operators and users engaged in the placing on the market of scheduled substances of category II shall record in the register of operators and users of substances and will be updated along with the Committee, to address areas in which or in which they trade in these substances, before placing them on the market.
(6) users of scheduled substances shall record in the register referred to in paragraph 1. (5) prior to scheduled substances subcategory 2A. The Committee shall refuse to register in the register if it finds that the applicant or the person responsible for placing on the market of scheduled substances do not meet the legal requirements. The Committee shall revoke or suspend the authorization of the applicant and will radiate from the register if it finds that it no longer meets the requirements under which it was granted authorization.
(7) the Committee inserted into the register of operators and users of substances classified by operators and users who have been granted an authorisation. "
8. The Act is supplemented by article 401 with the following content: "Art. 401. (1) any person who supplies a buyer a substance classified will get it a notice stating the use or uses of the substance. For each substance listed will be issued a separate notice.

(2) as an alternative to notification issued for every transaction in accordance with paragraph 1. (1) the operator shall provide regular substance classified in category II may accept a single notification for multiple transactions with the substance classified in question, carried out over a period of not more than one year, under the following conditions: a) the operator supplied him with the buyer the same substance at least 3 times over the past 12 months;
b) the operator has no reason to suppose that the substance will be used for illicit purposes;
c controlled substance) quantities corresponding to the average annual consumption of a purchaser of this type. Such notification will be in accordance with the model laid down by the Committee. The operator supplying scheduled substances of category I shall indicate the date on a copy of the notification to the purchaser, its conformity to the original certificînd. This copy will always accompany class I substance circulating and will be submitted upon request of the Committee, which has the task of checking the contents of vehicles during transport operations of scheduled substances.
(3) operators and users shall ensure that all transactions that result in the placing on the market of scheduled substances in categories I and II are properly documented in accordance with paragraphs 1 and 2. (4) and (7).
(4) commercial documents such as invoices, manifests of the goods, documents issued by public authorities, transport and other shipping documents shall contain sufficient information, to identify with precision the designation: (a) classified substance);
b) the quantity and weight of the substance to be classified, and in the case of a mixture or a natural product, if it consists of a mixture, the quantity and weight of the mixture or natural product as well as the quantity and weight or the percentage of any substance classified in categories I and II;
c) the name and address of the supplier, Distributor, consignee, and other entrepreneurs involved in the transaction directly.
(5) the documentation will contain a notice to the purchaser, as provided for in paragraph 1. 1. (6) operators and users shall keep detailed records of their activities, which are necessary for the fulfilment of the obligations laid down in paragraph 1. (3) and (7) the documentation and records referred to in paragraph 1. (4) to (6) are retained for a period of at least 3 years after the end of the calendar year during which the transaction took place and, upon request, made available to the Committee for examination.
(8) the documentation can be preserved and in the form of image reproductions or any other medium that can be stored in the database. Data stored in this manner must: a) correspond to documentation regarding the form and content of when are rendered in read mode;
(b)) should be readily available at all times;
c) can be consulted in the reading mode;
d) can be analysed with automatic period referred to in paragraph 1. (7) and (9) the obligations arising under article 6. 39 and 2 of this article shall not apply to transactions in scheduled substances of category II if the quantities thereof does not exceed the quantities referred to in paragraph 1. (2) (a). c) of this article for a year (10) ensures that Operators indicate the characteristics of scheduled substances in categories I and II, which will be on view and explicitly on the label on the product, on its packaging, the instructions for use or in the accompanying documents before delivering them in accordance with law nr. l05-XV of 13 March 2003 on the protection of consumers.
(11) the operators and users shall notify without delay to the Committee of any circumstances, such as unusual orders or transactions with the scheduled substances to be placed on the market, which suggest that such substances could be used in the illicit manufacture of narcotic drugs and psychotropic substances times.
(12) the operators and users shall provide to the Committee on a quarterly basis, in summary, information regarding their transactions with substances classified in accordance with art. 39 and under this article. "
9. Table No. (IV) of the annex shall read as follows: "Table No. IV. the substances included and categorized in accordance with tables and lists of narcotic drugs, psychotropic substances and their precursors, controlled, approved by the Government. "
Art. II.-the Moldovan Criminal Code No. 985-XV of 18 April 2002 (reprinted in the Official Gazette of the Republic of Moldova, 2009, nr. 72-74, art. 195), with subsequent amendments, shall be amended as follows: 1. Article 1341 shall read as follows: "Article 1341. Drugs, precursors, weed and their analogs (1) by drugs means plants or substances, narcotic psychotropic or mixtures containing such substances, plants or laid down by the Government.
(2) by narcotics means substances listed in the annexes to the United Nations Convention on the narcotic of 1961, as amended by the 1972 Protocol, and in the regulatory acts of the Government.
(3) by psychotropic substances listed in the annexes to the Convention on psychotropic substances of 1971 and laid down in the regulatory acts of the Government.
(4) by means of the precursor substance of natural origin or synthetic material used as raw material in the manufacture of narcotic drugs or psychotropic substances.
(5) Through shelf (shelf) products shall mean mixtures of powders and/or herbs or mixtures of herbs and various parts of plants sprayed with chemicals that produce changes induce physiological effects and/or mental, hallucinogenic and/or psychoactive action.
(6) through the analog of narcotic drugs or psychotropic substance means any substance or combination of substances of natural origin and synthetic times in any physical state, or any product, herb, mushroom, or parts thereof, that has the capacity to produce psychoactive effects and that, regardless of its content, its name, its mode of management, presentation or advertising which i shall make , it can be used in times of a substance or a preparation is stupefying, psychotropic or psychotropic effect or instead of plants or substances under national control and/or internationally.
(7) the lists of psychotropic substances, narcotics and precursors shall be approved, shall be amended and completed by the Government.
(8) in the case of theft, extortion, properties or other illegal actions with drugs, precursors, weed or analogues thereof, their proportions-small, large or very large-is determined according to the quantities small, large or very large set by the Government.
(9) Through the movement of drugs, precursors, etnobotanicelor and their analogs from means any operations such as experimentation, elaboration, production (manufacture), preparation, cultivation, extraction, processing, transformation, storage, possession, storage, supply, distribution, dispensing, dispatch, transport, procurement (purchasing), sale, destruction, import, export, use, promoting them and other related activities. "
2. In article 13412 (1), the words "of narcotic, psychotropic and/or other substances with similar effects" shall be replaced with the words ' drugs and/or other substances with similar effects. "
3. In article name and 2171: paragraph 1 shall read as follows: "Article 2171. The movement of illegal drugs, etnobotanicelor or preparation thereof for the purpose of disposal (1) Sowing times cultivation of plants containing drugs, processing or use of such plants without authorization or plant cultivation the sowing times for manufacture of weed, committed for the purpose of disposal, shall be punished with fine in size from 900 to 600 conventional units or by imprisonment of up to 2 years , and a legal entity shall be sanctioned with a fine in size from 3000 to 5000 conventional units, with deprivation of the right to pursue certain activities or with liquidation of legal person. ";
under paragraph (2), the text of the "narcotic, psychotropic substances and their analogues with" and "narcotic, psychotropic or theirs analogs and their" shall be replaced by the wording "drugs or analogues thereof" and "drug or preparation thereof";
under paragraph (3) (c)), ' narcotic, psychotropic or theirs analogs and their "shall be replaced with the text" drug or preparation thereof ".
4. In articles 217, 2186-2188 and 219, ' narcotic, psychotropic or their analogues (them) "shall be replaced with the words ' drugs, weed or their analogues", the text "narcotic or psychotropic" shall be replaced with the text "drugs or weed", and the text "narcotic, psychotropic"-"drugs, weed," the proper grammar.

5. In article 218, text "narcotic or psychotropic", "narcotics or psychotropic preparations" and "preparation and (or) the narcotic or psychotropic" shall be replaced with the words "drugs" at grammar.
Art. III.-offences of the Republic of Moldova nr. 218-XVI dated October 24, 2008 (Official Gazette of the Republic of Moldova, 2009, no.4-6, art. 15), as amended, is hereby amended as follows: 1. Article 85 shall read as follows: "Article 85. Procuring illegal drug retention times, precursors, and their analogs from weed in small quantities or consumption of drugs without doctor's prescription (1) Procuring illegal retention times, without purpose of disposal, drugs, precursors, etnobotanicelor and their analogs from in small quantities, as well as drug use without doctor's prescription shall be sanctioned with a fine of from 20 to 50 conventional units or work with community service of up to 72 hours.
(2) If a person who has voluntarily surrendered his drugs, precursors, BBQ sauce and their analogs, held illegally, or who has asked to address the times willingly at a medical institution to be given the necessary assistance in relation to illicit, contravention liability is removed for the acts provided for in this article. "
2. Article 86 shall read as follows: "Article 86. Failure to take measures to ensure that crops are plants that contain drugs, precursorişi analogues of their failure to take the measures provided for by law to ensure the protection regime established plantations of soporific, mac cînepă, of the coca shrub, places of storage and processing of crops, these crops failure to take measures for the destruction of the remaining debris after harvest and production waste containing drugs , precursors and analogues thereof shall be sanctioned with a fine of from 150 to 350 conventional units applied to the person with responsibility, with a fine of 500 to 1000 conventional units applied to legal person. "
3. Article 87 shall read as follows: "Article 87. Illegal cultivation of plants containing drugs, precursors and analogues thereof and manufacture etnobotanicelor illegal Cultivation of plants containing drugs, precursors and analogues thereof, and fabrication of etnobotanicelor without purpose of disposal, if the acts constitute offences, shall be sanctioned with a fine of from 70 to 100 conventional units applied to a physical person, with fine from 500 to 300 conventional units applied to person with responsibility with fine from 500 to 1000 conventional units applied to legal persons, in all cases with or without deprivation of the right to engage in a certain activity for a period from one year to three years it. "
Art. IV.-(1) this law transposes in part of Regulation (EC) No 1782/2003. 273/2004 of the European Parliament and of the Council of 11 February 2004 on drug precursors, published in the official journal of the European Union L 47 of 18 February 2004.
(2) the Government shall, within 6 months: a) will put its normative acts in compliance with the provisions of this law;
b) shall submit to the Parliament proposals to amend the legislation in force in accordance with this law.