ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 18, 2017 No. 1089

About the organization and functioning of the Agency on consumer protection and supervision of the market

Based on Item b) article 7 of the Law No. 136 of July 7, 2017 on the Government (The official monitor of the Republic of Moldova, 2017, No. 252, the Art. 412), parts (1) article 15 of the Law No. 98 of May 4, 2012 on the central branch public management (The official monitor of the Republic of Moldova, 2012, Art. No. 160-164, 537), with subsequent changes and amendments, and the Law No. 158-XVI of July 4, 2008 on the state position and the status of the government employee (The official monitor of the Republic of Moldova, 2008, Art. No. 230-232, 840), with subsequent changes and amendments, DECIDES: the Government

1. Approve:

1) Regulations on the organization and functioning of the Agency on consumer protection and supervision of the market according to appendix No. 1;

2) Structure of the Agency on consumer protection and supervision of the market according to appendix No. 2;

3) to Organigramm Agentstva on consumer protection and supervision of the market according to appendix No. 3;

4) Changes which are made to some orders of the Government, according to appendix No. 4;

5) the List of the orders of the Government which are recognized invalid, according to appendix No. 5.

2. Establish the extreme number of staff of the Agency on consumer protection and supervision of the market in number of 63 units, including support and service personnel in number of 2 units, with the annual salary fund according to the current legislation.

3. To impose control of execution of this resolution on the Ministry of Economics.

Appendix No. 1

to the Order of the Government of the Republic of Moldova of December 18, 2017 No. 1089

Regulations on the organization and functioning of the Agency on consumer protection and supervision of the market

I. General provisions

1. The regulations on the organization and functioning of the Agency on consumer protection and supervision of the market (further - the Provision) regulate mission, fields of activity, functions and the rights of the Agency on consumer protection and supervision of the market (further - the Agency), and also procedure for the organization of its activities.

2. The agency is the administrative authority subordinated to the Ministry of Economics responsible for realization of state policy in the spheres of activity entrusted to it.

3. The agency is legal entity of the public law, has seal with the State Emblem of the Republic of Moldova, treasurer accounts, financial and appliances, and also other specific attributes of bodies of public management, stipulated by the legislation. The agency is located in municipium of Chisinau.

4. Financing and material logistics of the Agency is performed at the expense of the government budget and other sources which are not forbidden by the law.

5. As a part of the Agency Council for resolution of disputes according to part provisions is established (5) article 30 of the Law No. 131 of June 8, 2012 on the state control of business activity, the structure and provision about which activities affirms the director of the Agency.

6. In the activities the Agency is guided by the Constitution and the laws of the Republic of Moldova, presidential decrees of the Republic of Moldova, ordinances, resolutions and orders of the Government, other regulations, international agreements which party the Republic of Moldova is orders and resolutions of the Minister of Economy and Infrastructure, and also the this provision conditions.

II. Mission, fields of activity, functions and rights of the Agency

7. The mission of the Agency is ensuring implementation of policy of the state in competences, in accordance with the established procedure and in the limits set by normative framework.

8. The agency performs the functions established by this Provision in the following areas:

1) supervision of the market concerning nonfood products and compliance of the rendered services (including tourist);

2) consumer protection;

3) metrology;

4) supervision and the state control of activities in the field of gamblings;

5) ceased to be valid;

6) observance of conditions of licensing according to competence.

9. According to the spheres of activity established in Item 8 of this provision, the Agency performs the following functions:

1) in the field of supervision of the market concerning nonfood products and compliance of the rendered services (including tourist):

a) the functions established in part (4) article 7 of the Law No. 7 of February 26, 2016 on supervision of the market concerning realization of nonfood products;

b) control of observance of safety requirements of the nonfood products entered or provided in the consumer market according to Law No. 131 provisions of June 8, 2012 on the state control of business activity;

c) control of quality of the provided tourist services according to Law No. 131 provisions of June 8, 2012;

2) in the field of consumer protection:

a) the functions established in part (3) article 27 of the Law No. 105-XV of March 13, 2003 on consumer protection;

b) the functions established in part (3) article 5 of the Law No. 231 of September 23, 2010 on domestic trade;

3) in the field of metrology:

a) implementation of metrological supervision according to part (8) article 5 of the Law No. 19 of March 4, 2016 on metrology;

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