of June 22, 2023 No. 162
About supervision of the market and products compliance
The parliament adopts this organic law.
This law shifts Regulations (EU) 2019/1020 European parliament and Council of June 20, 2019 about supervision of the market and compliance of products and about modification of the Directive 2004/42/EU and regulations (EU) No. 765/2008 and (EU) No. 305/2011, published in the Official magazine of the European Union by L 169 of June 25, 2019.
(1) the Purpose of this law is improvement of functioning of the market due to strengthening of supervision of it concerning products to which the technical regulations shifting the European Union law extend to guarantee provision on the market only to products conforming to the requirements providing the high level of protection of public concerns, such as health and safety in a broad sense, health and work place safety, consumer protection, environmental protection and public safety and also other public concerns protected by the relevant legislation.
(2) This law establishes rules and procedures for business entities concerning products to which separate technical regulations, and also basis for cooperation of supervision bodies behind the market with business entities extend.
(3) This law provides also basis for control of products coming to the market of the Republic of Moldova.
(1) This law is applied to products to which 1 technical regulations specified in appendix shifting the European Union law extend if there are no special provisions with the same purpose which regulate the specific aspects connected with supervision of the market in more detail.
(2) Provisions of this law are applied also to products to which technical regulations which do not shift the European Union law extend if such technical regulation refers to the European Union law.
(3) Article 27-30 are applied to products provided by parts (1) and (2) this Article, and also to products to which rules of general safety of products extend if there are no other special provisions concerning the organization of control of products coming to the market of the Republic of Moldova.
(4) This law does not affect situation of articles 15-17 of the Law on services of information society No. 284/2004.
(5) This law does not interfere with supervision bodies behind the market to take the measures provided by the Law on general safety of products No. 422/2006.
(6) This law does not extend:
a) on food products;
b) on forages for animals;
c) on medicines for medical and veterinary application;
d) on live plants and live animals;
e) on products of activity of the person and products of vegetable and animal origin which are directly connected with their subsequent reproduction;
f) on cosmetic products;
g) on medical products, including medical products for diagnostics of in vitro;
h) on vehicles and trail cars to them, and also on the separate systems, components and technical parts intended for the corresponding vehicles on aircrafts and aeronautical equipment, water vehicles.
(7) Activities for supervision of the market in the relation:
a) cosmetic products;
b) medical products, including medical products for diagnostics of in vitro;
c) vehicles and trail cars to them, and also the separate systems, components and technical parts intended for the corresponding vehicles concerning aircrafts and aeronautical equipment, water vehicles - it is performed according to the technical regulations shifting the European Union law (further - technical regulations) which establishes special provisions on supervision of the market with the same purpose.
(8) Regulating authorities and supervision bodies behind the market for the categories of products specified in part (7), are given in appendix 2.
For the purposes of this law the following concepts are used:
business entity - producer, the authorized representative, the importer, the distributor, logistics provider or any other physical person or legal entity to which the obligations connected with production, its provision in the market or on its commissioning according to applicable technical regulations are assigned;
the requesting body - supervision body behind the market which sends inquiry for interaction;
required body - supervision body behind the market which receives request about interaction;
the service provider of information society - the service provider of information society which are provided usually for remuneration by remote method by means of electronic means on individual request of the receiver of services. For the purposes of this concept:
a) by "remote method" means rendering service without simultaneous presence of the parties;
b) "by means of electronic means" means initial departure of service and obtaining it in destination by means of the electronic equipment used for processing (including digital archiving) and data storage, and also complete transfer, movement and obtaining by means of cable communication, radio communication, fiber-optical or other electromagnetic means;
c) "on individual request of the receiver of services" means provision of service by data transmission in individual request;
logistics provider - the physical person or legal entity which does not have the property right to the corresponding products providing at least one of the following services during the business activity: warehousing, packaging, sending and transportation, except for post services, delivery services of sending and other post services or transportation services of freights;
the online interface - the software, including the web page or its part, or the appendix managed by business entity or from his name and serving for provision to end users of access to products of business entity;
the adjusting measure - the measures taken by business entity for elimination of any discrepancy upon the demand of supervision body behind the market or on own initiative business entity;
independently taken measures - the adjusting measure which acceptance is not required by supervision body behind the market;
discrepancy - non-compliance with any requirement provided by technical regulations or this law;
products representing risk - products which can potentially make negative impact on health and safety of people in a broad sense, on health and work place safety, consumer protection, the environment, public safety and other public concerns protected by applicable technical regulations which level exceeds the level recognized reasonable and acceptable proceeding from the planned purpose or in regular or reasonably predictable conditions of use of these products which include useful life and if necessary requirements imposed to commissioning, installation and servicing;
products representing serious risk - products representing risk in connection with which - on the basis of risks assessment and taking into account regular and reasonably predictable use of products - because of combination of probability of emergence of threat of damnification and degree of its weight urgent intervention of supervision bodies behind the market is required, including in cases when the risk leads to the remote consequences;
products coming to the market of the Republic of Moldova - the foreign products released on the market of the Republic of Moldova or intended for private use or consumption on customs area of the Republic of Moldova and placed under customs regime of release in free circulation;
response - the measure directed to return of products which were already delivered to the end user;
withdrawal - the measure directed to prevention of provision in the market of products which are in supply chain;
risk - combination of probability of emergence of threat of damnification and degree of its weight;
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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