LAW OF THE REPUBLIC OF MOLDOVA

of December 5, 2024 No. 282

About freedom of organization of service providers and freedom of provision of services

The parliament adopts this organic law.

This law shifts the Directive of the European parliament and Council 2006/123/EU of December 12, 2006 about services in the domestic market, published in the Official magazine of the European Union by L 376 of December 27, 2006, CELEX: 32006L0123.

Chapter I General provisions

Article 1. Regulation subject

(1) This law regulates the general regulatory base on assistance to implementation of freedom of organization of service providers and freedoms of provision of services in case of maintenance of the high quality level of services.

(2) the Subject of this law is not liberalization of services of general economic interest in the value determined by Article 4 of the Competition act No. 183/2012, assigned to public or private subjects, as well as privatization of the public subjects providing services.

(3) This law is not applied to criminal legal regimes. Regulations of the criminal law cannot limit freedom of provision of services, access to activities for provision of services or its implementation in circumvention of the rules provided by this law.

(4) This law is not applied to the legal relations established by the national legal system concerning determination, the organization and functioning of services of general economic interest to employment relationships, health protection and labor safety, social security, protection and assistance to cultural or language freedom, pluralism of mass media, and also implementation of basic rights according to the legislation.

(5) the Subject of this law is not liquidation of the monopolies providing services and also the government assistance provided based on rules of the competition.

(6) This law does not interfere with implementation of the basic rights recognized as state members and the European Union law (EU). Also the law does not affect the right to conduct negotiations, to conclude and enact collective agreements, and also to carry out trade-union actions according to the legislation.

Article 2. Scope

(1) This law is applied as to the services provided in other state member by suppliers, founded in the Republic of Moldova and to the services provided it is cross-border in the Republic of Moldova the suppliers founded in other state member.

(2) This law is not applied:

a) to non-economic services of general interest;

b) to financial services, such as banking services, services in crediting, insurance and reinsurance, professional and personal pensions, securities, investment funds, payments and investment consultations, including services of credit institutes and investment societies;

c) to services and networks of electronic communications, and also the related resources and services;

d) to transport services, including port services;

e) to services of the agencies on temporary employment;

f) to the medical services provided by suppliers of medical services irrespective of type of property and form of business;

g) to audiovisual media services, including services in the field of cinematography, irrespective of method of their production, distribution and transfer, and also to broadcasting services;

h) to the activities connected with the gamblings providing bet with exposure of cash rates in gamblings including lotteries, games in the casino and transactions relating to bet;

i) to activities, connected, including incidentally, with implementation of powers of body of the public power;

j) to social services, the public assistance and charitable and sponsor's activities;

k) to private security services;

l) to the services provided by notaries and bailiffs.

(3) This law is not applied to area of the taxation.

Article 3. Interaction with the special legislation

(1) If provisions of this law contradict provisions of the regulation which shifts the European directive or creates the legal base necessary for direct application of the European regulations and which regulates specific aspects of access to activities for provision of services or its implementation in specific industries or for specific professions, according to the shifted regulation of the EU, provisions of the special regulation prevail. Treat them:

a) sending out on business of workers within provision of transnational services;

b) coordination of social security systems;

c) recognition of professional qualification.

(2) Provisions of this law do not interfere with application of regulations in the field of private international law, especially the regulations governing the contractual and non-contractual obligations relations including guaranteeing to consumers the protection provided by legislation regulations in the field of consumer protection.

(3) Competent authorities provide application of provisions of this law according to provisions of the Agreement on functioning of the European Union (TFUE) which contain or refer to the precepts of law concerning the right of organization and free movement of services.

Article 4. Determinations

For the purposes of this law the following concepts are used:

competent authority – the public subject or body of the public power performing control functions (monitoring body) or regulations concerning types of activity on provision of services and also the professional associations or other professional subjects which are collectively regulating access to types of activity on provision of services or their implementation;

the receiver – physical person, including the consumer, in the value determined by the Marine life protection act of the rights of consumers No. 105/2003, the citizen of state member or the citizen having the rights granted by means of regulations of the EU or any legal resident person or person founded in state member which in the professional or nonprofessional purposes uses or intends to use service;

the commercial message – in the value determined by article 4 of the Law on services of information society No. 284/2004;

the requirement – the obligation, prohibition, the condition or restriction imposed on suppliers, provided by the regulations of competent authorities, administrative practice, rules of professional associations or other professional subjects accepted for implementation of their competence on regulation, except for conditions of the collective employment contracts approved by social partners;

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