ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of January 15, 2025 No. 9

About approval of the Regulations on functioning of System of bystry information exchange about dangerous products

Based on part (7) article 8-1 of the Law No. 422/2006 on general safety of products (The official monitor of the Republic of Moldova, 2007, Art. No. 36-38, 145), with subsequent changes, and article 22 of the Law No. 162/2023 on supervision of the market and products compliance (The official monitor of the Republic of Moldova, 2023, Art. No. 272-273, 468) DECIDES: the Government

This resolution partially shifts the Implementation decision (EU) 2019/417 of Council of November 8, 2018 about implementation of the guidelines for system management of bystry information exchange of the European Union by RAPEX founded according to Article 12 of the Directive 2001/95/EC on general safety of products, and also its system of notifications published in the Official log of the European Union by L 73/121 of March 15, 2019 with the subsequent changes made by the Executive decision (EU) 2023/975 of Council of May 15, 2023 (CELEX: 32019D0417).

1. Approve Regulations on functioning of System of bystry information exchange on dangerous products it (is applied).

2. Assign members of network of System of bystry information exchange about dangerous products at the national level:

2.1. Ministry of Economic Development and digitalizations;

2.2. supervision bodies behind the market and Customs Service;

2.3. as national contact Item – the State inspectorate for supervision of non-food products and consumer protection.

3. From the effective date this resolution to declare invalid the Order of the Government No. 1116/2016 about approval of the Regulations on functioning of System of bystry information exchange about dangerous products (The official monitor of the Republic of Moldova, 2016, Art. No. 353-354, 1207), with subsequent changes.

4. To impose control over the implementation of this resolution on the Ministry of Economic Development and digitalizations.

Approved by the Order of the Government of the Republic of Moldova of January 15, 2025 No. 9

Regulations on functioning of System of bystry information exchange on dangerous products

I. General provisions

Section 1 Subject, purpose and concepts

1. The regulations on functioning of System of bystry information exchange on dangerous products (further – the Provision) establish procedures and mechanisms of use of system of bystry information exchange about the dangerous products between supervision bodies behind the market concerning the taken adjusting measures concerning the nonfood products representing serious risk for health and safety of consumers and also about the results concerning implementation of the subsequent actions according to the provided information.

2. The purposes of this provision are:

2.1. process optimization for notification mechanisms;

2.2. establishment of criteria of the notification for notification mechanisms;

2.3. determination of contents of the notifications and the subsequent notifications directed within notification mechanisms, especially concerning necessary data and the used forms;

2.4. establishment of actions which shall be performed by supervision bodies behind the market after receipt of the notification, and like the provided information;

2.5. description of procedure for processing of notifications and subsequent notifications;

2.6. establishment of terms for different types of the actions performed within notification mechanisms;

2.7. establishment of practical and technical methods of effective use of mechanisms of the notification.

3. For the purpose of this provision the concepts determined in the Law No. 422/2006 on general safety of products, both concept "business entity" and "supervision of the market" determined in the Law No. 162/2023 on supervision of the market and products compliance are used.

4. For the purpose of this provision the following concepts mean:

4.1. obligatory measures – the adjusting measures taken or acceptance of which it is established by the decision of supervision bodies behind the market, obliging business entity to implementation of actions concerning products which it entered on the market;

4.2. voluntary measures:

4.2.1. the preventive and rationing measures taken by business entity voluntarily without any intervention from supervision body behind the market;

4.2.2. recommendations and agreements signed between supervision bodies behind the market and business entities; treats agreements which do not exist in writing and which lead to implementation of preventive or restrictive actions by business entities in the field of their activities concerning products which they entered on the market and which represent serious risk;

4.3. consumer goods, including:

4.3.1 products intended for consumers – products which are developed and made for consumers and are offered for consumers;

4.3.2. the products which are initially intended for professional use, came to the consumer market – the products developed and made for professionals, which use by consumers possibly in reasonably expected conditions. These are the goods made for professionals and offered for consumers who can acquire and use them without any special knowledge or preparation. As products intended for consumers, and the products which came to the consumer market initially intended for professional use can be provided to consumers free of charge, can be acquired by buyers and can be delivered to consumers within provision of services. All three specified situations are provided in system;

4.4. products delivered to consumers within service provision including:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info