LAW OF THE REPUBLIC OF MOLDOVA

of February 20, 2025 No. 21

About placement of fertilizers in the market

The parliament adopts this organic law.

This law partially shifts Regulations (EU) 2019/1009 European parliament and Council of June 5, 2019 about establishment of rules of placement of fertilizers in the market of the EU and about change of regulations (EU) 1069/2009 and (EU) 1107/2009 and about cancellation of Regulations (EU) 2003/2003, published in the Official magazine of the European Union by L 170 of June 25, 2019 (CELEX: 32019R1009), with the last changes made by the Delegated regulations (EU) 2024/1682 Commissions of March 4, 2024 about change of Regulations (EU) 2019/1009 European parliament and Council in that as for addition of the processed manure as compound material in fertilizers of the EU (CELEX: 32019R1009).

Chapter I General Provisions

Article 1. Scope

(1) Provisions of this law are applied to fertilizers with marking of the EU and to fertilizers not marked the EU in case of their placement in the market.

(2) This law is not applied to:

a) to offal of animal origin and derivative products to which provisions of the Law on the offal of animal origin and derivative products which are not intended for consumption by the person, No. 129/2019, in case of their placement in the market are applied;

b) to the remedies of plants regulated by the Law on introduction on the market of remedies of plants and modification of some regulations No. 403/2023.

Article 2. Basic concepts

For the purposes of this law the following basic concepts are used in value:

1) accreditation – in the value determined by article 2 of the Law on activities for accreditation and assessment of conformity No. 235/2011;

2) mix – mix in the value determined by Item 1 of article 4 of the Law on chemicals No. 277/2018;

3) competent authority on development the politician – the central industry body of the state responsible for area of fertilizers;

4) body for issue of permission – the body of the public power or public organization appointed by the Government for assessment of conformity of fertilizers MD to the requirements provided by this law;

5) body for supervision of the market – the central administrative authority realizing state policy in the field of fertilizers;

6) the distributor – physical person or legal entity in supply chain, except the producer or the importer, placing in the market of the UE fertilizer or fertilizer MD;

7) assessment of conformity – process by means of which fulfillment of requirements of this law concerning the UE fertilizers or fertilizers MD is checked;

8) the importer – physical person or legal entity with the location in the Republic of Moldova which enters on the market of the Republic of Moldova the UE fertilizers or fertilizers of MD of other country;

9) introduction on the market – the first placement in the market of the UE fertilizer or fertilizer MD;

10) the harmonizing legislation of the EU – any regulation or packet of regulations of the European Union harmonizing sales terms of products;

11) marking of the EU – marking by means of which the producer specifies that the corresponding fertilizer meets all applicable requirements established by the harmonizing legislation of the EU or the national regulatory base concerning drawing on products of the corresponding marking;

12) microorganism – in the value determined by article 4 of the Law on introduction on the market of remedies of plants and modification of some regulations No. 403/2023;

13) the economic operator – the producer, the authorized representative, the importer and/or the distributor;

14) conformity assessment body – the body performing activities for assessment of conformity including testing, certification and inspection;

15) national authority on accreditation – in the value determined by article 2 of the Law on activities for accreditation and assessment of conformity No. 235/2011;

16) producer – physical person or legal entity which makes the UE fertilizers or fertilizers MD or for which the similar UE fertilizers or fertilizers MD are developed or made, realizing the corresponding fertilizers under the registered name or the trademark;

17) fertilizer – substance, mix, the microorganism or any other material applied or intended for application to plants or their radical zone or to mushrooms or their microsphere, or intended to constitute in itself or in mix with other material radical zone or the microsphere, for the purpose of providing plants or mushrooms with nutrients or increase in nutritional value of plants or mushrooms;

18) fertilizer not marked the EU – the fertilizer which is not meeting the requirements for its marking of the EU;

19) fertilizer MD – the fertilizer not marked the EU meeting the requirements for inclusion in the identification list of fertilizers of this kind. Fertilizer of MD of other country is considered fertilizer not marked the EU which was made in other state, but which meets the requirements for inclusion in the identification list;

20) the UE fertilizer – the fertilizer meeting the requirements for drawing marking of the EU in case of its placement in the market;

21) placement in the market – supply of fertilizer for distribution or use in the market within business activity, for a fee or on a grant basis;

22) response – measure which purpose is return of the UE fertilizer or fertilizer MD which was already provided to the end user;

23) the authorized representative – the physical person or legal entity with the location in the Republic of Moldova authorized by the written order of the producer to be effective from his name for the purpose of accomplishment of certain tasks;

24) withdrawal – measure which purpose is hindrance in placement supply chain in the market of the UE fertilizer or fertilizer MD;

25) specifications – the document establishing technical requirements to which there shall correspond the UE fertilizers or fertilizers MD, production process of those or methods of sampling and the analysis;

26) the harmonized standard – in the value determined by article 2 of the Law on national standartization No. 20/2016;

27) substance – in the value determined by Item 27 of article 4 of the Law on chemicals No. 277/2018;

28) percent on weight – the ratio as a percentage calculated on the mass of all fertilizer in that form in which fertilizer is placed in the market.

Article 3. Placement in the market

and free circulation

(1) the UE Fertilizers or fertilizers MD which conform to requirements of this law are allowed for free circulation and placement in the market.

(2) the UE Fertilizers and fertilizers MD which were entered legally into any state of the European Union and have the documents confirming their compliance to the harmonizing legislation of the EU or to specifications of any state of the European Union, can take place in the market of the Republic of Moldova and can freely address.

(3) the UE Fertilizers which do not conform to the requirements provided by this law can be entered on the market only for evaluating efficiency and laboratory researches, from written consent of body for issue of the permission issued free of charge within three working days from the date of the notification on it of relevant organ.

(4) the Government can establish regulations for health protection and safety of people, animal, for protection of plants and the environment, corresponding to international treaties or agreements which party is the Republic of Moldova, regarding use of fertilizers provided that these provisions do not lead to modification of the UE fertilizers conforming to requirements of this law and do not influence placement conditions in the market of the corresponding products.

Article 4. Requirements to fertilizers

(1) the UE Fertilizer shall:

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