LAW OF THE REPUBLIC OF MOLDOVA

of November 24, 2023 No. 342

About modification of the Marine life protection act of the rights of consumers No. 105/2003

The Parliament adopts this organic law.

This law shifts:

- Items (a), (c), (m) and (n) of Article 2, Item (c) of part (2) Articles 6, Items (d) and (f) of part (4), parts (4a) and (6) Articles 7, article 11a, part (2) Article 13 and Items 11a, 23a, 23b and 23c of appendix I of the Directive 2005/29/EC of the European parliament and Council of May 11, 2005 about unfair commercial practicians of the companies in the domestic market in relation to consumers and about change of the Directive 84/450/EES of Council, directives 97/7/EC, 98/27/EC and 2002/65/EC of the European parliament and Council and Regulations (EC) No. 2006/2004 of the European parliament and Council (Directive on unfair commercial practicians) published in the Official magazine of the European Union by L 149 of June 11, 2005 with the last changes made by the Directive (EU) of 2019/2161 European parliament and Council of November 27, 2019;

- The directive 2013/11/EU of the European parliament and Council of May 21, 2013 concerning the alternative dispute resolution in the field of consumption and about change of Regulations (EU) No. 2006/2004 and Directives 2009/22/EC (The directive on ARS in the field of consumption), published in the Official magazine of the European Union by L 165 of June 18, 2013, with the last changes made by Regulations (EU) 2017/2394 European parliament and Council of December 12, 2017;

- Article 1, Items 2, 3, 5-8, 10-13 of Article 2, parts (1) - (4) and Item b) parts (5) Articles 3, Article 6, parts (1) and (3) - (5) Articles 7, Article 8 and 9, parts (1), (2) and (6) Articles 10, parts (1) and (3) Articles 11, parts (3) - (6) Articles 13, parts (3) - (4) Articles 14, Article 15-18 and part (2) Article 21 of the Directive (EU) of 2019/771 European parliament and Council of May 20, 2019 about some aspects of purchase and sale agreements of property, about change of Regulations (EU) 2017/2394 and Directives 2009/22/EC and on cancellation of the Directive 1999/44/EC published in the Official magazine of the European Union by L 136 of May 22, 2019;

- Items 2, 3, 12 and 14-16 Articles 3, Articles 5, 6, 8-31, 33 and 34 of Regulations (EU) 2017/2394 European parliament and Council of December 12, 2017 about cooperation between the national authorities responsible for compliance with law about consumer protection, and about cancellation of Regulations (EU) No. 2006/2004, of the European Union published in the Official magazine of L 345 of December 27, 2017, with the last changes made by the Directive (EU) of 2019/771 European parliament and Council of May 20, 2019.

Art. I. - In the Marine life protection act of the rights of consumers No. 105/2003 (repeated publication: The official monitor of the Republic of Moldova, 2011, Art. No. 176-181, 513), with subsequent changes to make the following changes:

1. In all text of the law of the word "Ministry of Economics" shall be replaced with words "The Ministry of Economic Development and digitalizations" in the corresponding case.

2. To state formula of harmonization in the following edition:

"This law shifts:

- The directive 2005/29/EU of the European parliament and Council of May 11, 2005 about unfair commercial practicians of the companies in the domestic market in relation to consumers and about change of the Directive No. 84/450/EEC of Council, directives of the EU 97/7/EC, 98/27/EC and 2002/65/EC of the European parliament and Council and Regulations (EU) No. 2006/2004 of the European parliament and Council (The directive on unfair commercial practice), published in the Official magazine of the European Union by L 149 of June 11, 2005, with the last changes made by the Directive (EU) of 2019/2161 European parliament and Council of November 27, 2019;

- The directive 2013/11/EU of the European parliament and EU Council of May 21, 2013 concerning the alternative dispute resolution in the field of consumption and about change of Regulations (EU) No. 2006/2004 and Directives 2009/22/EC (The directive on ARS in the field of consumption), published in the Official magazine of the European Union by L 165 of June 18, 2013, with the last changes made by Regulations (EU) 2017/2394 European parliament and Council of December 12, 2017;

- The directive (EU) of 2019/771 European parliament and Council of May 20, 2019 about some aspects of purchase and sale agreements of property, about change of Regulations (EU) No. 2017/2394 and Directives 2009/22/EU and on cancellation of the Directive 1999/44/EU, published in the Official magazine of the European Union by L 136 of May 22, 2019;

- Regulations (EU) No. 2017/2394 of the European parliament and Council of December 12, 2017 about cooperation between the national authorities responsible for compliance with law about consumer protection, and about cancellation of Regulations (EU) No. 2006/2004, published in the Official magazine of the European Union by L 345 of December 27, 2017 with the last changes made by the Directive (EU) of 2019/771 European parliament and Council of May 20, 2019.".

3. In Article 1:

the concept "consumer" after the word of "entrepreneurial" to add with words ", industrial, craft";

state the concepts "seller", "product", "cross-border violation" and "commercial guarantee" of the following edition:

"the seller - any legal entity or physical person having permission to business activity which is effective, including through other person from his name or according to its order, for the purpose of, connected with business, industrial, craft or professional activity of the relevant legal or physical person in the relations with consumers;";

"product:

- the property intended for individual consumption or use;

- any personal material estate which includes digital content or digital service or is interconnected with them in such a way that in the absence of this digital content or digital service this property cannot perform the functions ("products with digital elements");

- the electric power, natural gas and water in case they are offered to sale in limited amount or in assigned amount.

Within commercial practice by product any property or service, including real estate, digital content and digital services, and also the related rights and obligations is recognized;";

"cross-border violation - any action or failure to act contradicting the legislation on protection of consumer interests which put causes or can cause damage to collective consumer interests, living in the state other than the state in which there was considered action or failure to act in the territory of which it is considered founded the businessman responsible for this action or failure to act or in which proofs or the businessman's assets connected with the corresponding action or failure to act are found;";

"commercial guarantee - any obligation from the seller or the producer (further - the guarantor) before the consumer provided in the warranty certificate or the accompanying promotional materials available at the moment or to the conclusion of the agreement, supplementing legal obligations of the seller concerning provision of a guarantee for compliance, compensation of the paid cost of product or its replacement, repair or maintenance of product in any manner if it does not meet specifications or any other requirement which is not connected with compliance;";

replace the concept "activities for supervision of the markets" with concept of "action for check" of the following content:

"actions for check - the coordinated activities for check of the consumer markets within cross-border cooperation by carrying out the simultaneous coordinated actions for control for check of compliance with law on protection of consumer interests or identifications of its violations;";

add Article with the concepts "hierarchy of the products represented to the consumer", "compatibility", "digital content", "expiration date", "online interface", "interoperability", "large-scale violation", "internal dispute", "cross-border dispute", "online market", "digital service", "durable carrier" and "damage caused to collective consumer interests" of the following content:

"hierarchy of the products provided to the consumer - visibility of products relatively each other in case of their representation, the organization or the message by the businessman irrespective of the technological means used for such representation, the organization or the message;

compatibility - capability of products to function together with hardware or program components which are usually used with products of this type, needlessly in transformation of products or hardware or program components;

digital content - data which are made and delivered in digital format;

expiration date - capability of products to keep required functions and characteristics in case of regular use;

the online interface - any software, including the website or part of the website, or the appendix managed by the businessman or from his name and serving for provision to consumers of access to products or services of the businessman;

interoperability - capability of products to function together with hardware or program components, other than those which are usually used for products of the same type;

large-scale violation:

a) any action or failure to act contradicting the legislation on protection of consumer interests which put causes or can cause damage to collective consumer interests, living at least in two states other than the state in which there was this action or failure to act in the territory of which it is considered founded the businessman responsible for this action or failure to act in which there are proofs or the businessman's assets connected with the corresponding action or failure to act; or

b) any action or failure to act contradicting the legislation on protection of consumer interests which put causes or can cause damage to collective consumer interests, the having general characteristics, such as identical illegal practice, violation of the same interest, occurring at the same time and made by the same businessman at least in three states;

internal dispute - the contractual dispute following from the purchase and sale agreement or the service provision agreement in case the residence of the consumer at the time of the order of products or services and the location of the businessman are in the Republic of Moldova;

cross-border dispute - the contractual dispute following from the purchase and sale agreement or the service provision agreement in case the residence of the consumer at the time of the order of products or services is in the state, other than in what it is considered founded the businessman;

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