LAW OF THE REPUBLIC OF MOLDOVA

of May 29, 2025 No. 123

About the principle of mutual recognition of the goods which are legally realized in member states of the European Union

The parliament adopts this organic law.

This law shifts Regulations of the European parliament and Council (EU) 2019/515 of March 19, 2019 about mutual recognition of goods, legally implementable in other member state of the European Union, and about cancellation of Regulations (EU) 764/2008, published in the Official magazine of the European Union by L 91 of March 29, 2019, CELEX: 32019R0515.

Chapter I. General provisions

Article 1. Purpose and subject of the law

(1) the Purpose of this law is improvement of functioning of trade between the European Union and the Republic of Moldova by use of the principle of mutual recognition and elimination of unreasonable obstacles for trade.

(2) This law establishes national rules and procedures of recognition of goods which correspond to regulations of the act of the European Union on mutual recognition of the goods in some cases relating to goods on which quantitative restrictions do not extend to the import and export or measures having equivalent effect and legally are implemented in the member state of the European Union.

(3) In the cases provided by part (2), the import restrictions, export or transit proved by reasons of public morals, public order and public safety, health protection and human life and animals or protection of plants, and also protection of the objects of national heritage having art, historical or archaeological value or protection of industrial and commercial property are considered. Such prohibitions or restrictions shall not serve as means of any discrimination or the hidden restriction of trade between member states of the European Union and the Republic of Moldova. In such cases court practice of Court of the European Union is considered.

(4) This law also provides creation and support of national Items of issue of information on goods, and also cooperation and exchange of information in the context of the principle of mutual recognition.

Article 2. Scope

(1) This law is applied to all types of goods, including products rural and fishery, and also to the executive decisions interpreted in the value determined in part (2) which are accepted or are subject to acceptance by bodies of public management and/or the organizations authorized by the law on their acceptance (further - national competent authorities) concerning such goods which legally are implemented in the member state of the European Union if the executive decision meets the following requirements:

a) the basis for adoption of the executive decision is the national technical regulation interpreted in the value determined in part (3); and

b) direct or indirect action of the executive decision consists in restriction or refusal in access to the market for goods.

(2) for the purposes of this law the executive decision is understood as any document of national competent authority based on national technical regulation, according to the value determined in part (3), and having the same or similar legal action, as well as the action specified in Item b) parts (1).

(3) for the purposes of this law the national technical regulation means any provision of the act having force of the law, administrative act or other administrative regulation which has the following characteristics:

1) concerns goods or characteristics of goods which are not subject to harmonization at the European Union level;

2) is prohibited by provision on commodity market or separate types of goods or requires de facto or de jure compliance with law of the Republic of Moldova when such goods are provided in the market; and

3) provides at least one of the following measures:

a) establishes necessary characteristics of goods or separate types of goods, such as quality levels, efficiency or safety of goods or their sizes, including the requirements applicable to these goods for trade names, terminology, symbols, test methods, packagings, markings or labellings, and also assessment procedures of compliance;

b) for the purpose of consumer protection or environmental protection establishes other requirements to goods or separate types of goods which influence their lifecycle after provision in the market, such as conditions of use, conversion, reuse or utilization if these conditions can significantly influence structure or characteristics of the corresponding goods or their provision in the market.

(4) subitem a Provisions) Item 3) parts (3) are applied also to the production methods and processes used concerning products of agricultural industry, including fishery, and trade in products of agricultural industry intended for consumption by the person or animals and also to the production methods and processes relating to other products if they exert impact on characteristics of the corresponding products.

(5) the Procedure of preliminary permission is not national technical regulation for the purposes of this law. The decision on refusal in issue of preliminary permission based on national technical regulation is considered the administrative act to which provisions of this law extend if this act conforms to requirements of part (1).

(6) This law does not extend:

a) on the judgments passed by national instances;

b) on taken out by the bodies responsible for application of the law, during criminal investigation or prosecution of crime the judgments concerning terminology, symbols or other material reference to the unconstitutional or criminal organizations or to crimes of racist, discrimination or xenophobic nature.

(7) Provisions of articles 5 and 6 of this law do not affect application situations:

a) Items b) - f) parts (1) article 8 of the Law on general safety of products No. 422/2006;

b) Articles 26 and 28 of the Security act of foodstuff No. 306/2018;

c) articles 33 and 34 of the Law on protection of geographical instructions, names of places of origin and the guaranteed traditional products No. 66/2008, of the protected names of places of origin, geographical instructions and traditional designations concerning official control;

d) article 30 of the Law on official control for the purpose of check of compliance to the fodder and food legislation and the rules concerning health and wellbeing of animals, No. 50/2013.

(8) This law does not mention obligation to notify the European commission and member states of the European Union based on the procedure of provision of information in the field of the technical regulation and regulations concerning provision of services of information society on the projects connected with national technical regulations before their approval by the Government.

Article 3. Basic concepts

For the purposes of this law the following concepts mean:

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