LAW OF THE REPUBLIC OF MOLDOVA

of July 10, 2025 No. 196

About general safety of products

The parliament adopts this organic law.

This law partially shifts Regulations (EU) 2023/988 European parliament and Council of May 10, 2023 about general safety of products, about modification of Regulations (EU) 1025/2012 European parliament and Council and in the Directive (EU) 2020/1828 European parliament and Council and about cancellation of the Directive 2001/95/EU of the European parliament and Council and the Directive 87/357/EES of Council, published in the Official magazine of the European Union by L 135 of May 23, 2023, CELEX: 32023R0988.

Chapter I. General provisions

Article 1. Purpose and subject of the law

(1) the Purpose of this law consists in improvement of functioning of the market with simultaneous ensuring high level of consumer protection.

(2) This law establishes the main regulations of the safety of the consumer products placed or provided in the market.

Article 2. Scope

(1) This law is applied to products which take place or provided in the market if in the regulations of technical nature shifting the European Union law (further - technical regulations) and regulating safety of the corresponding products, other special regulations having the same purpose are not provided.

(2) If the special requirements for safety established by technical regulations extend to products, this law is applied only to those aspects and risks or categories of risks which are not covered by relevant requirements.

(3) concerning products to which the special requirements for safety established by the technical regulations provided by part extend (1):

a) provisions of Chapter II are not applied in that measure in which it concerns risks or categories of the risks falling under action of the Supervisory act behind the market and compliance of products No. 162/2023, and also any regulation harmonizing sales terms of products to which provisions of the relevant law are applied;

b) provisions of part 1 of Chapter III, Chapters IV and IX are not applied.

(4) This law is not applied:

a) to medicines for medical application or veterinary appointment;

b) to foodstuff;

c) to sterns;

d) to the live plants and animals, genetically modified organisms and genetically modified microorganisms used in the conditions of isolation and also to the products of vegetable and animal origin which are directly connected with their future reproduction;

e) to offal of animal origin and derivative products;

f) to remedies of plants;

g) to the devices used for movement or trips of consumers if the corresponding devices are operated directly by the service provider within the transport service provided to consumers and are not operated by consumers;

h) to the aircrafts representing low risk for safety of aircraft;

i) to antiques.

(5) This law is applied to the products placed or provided in the market irrespective of whether it is new, being in the use, repaired or recovered.

(6) This law is not applied to products requiring repair or recovery before use if such products take place or provided in the market and has the corresponding marking.

(7) This law does not mention the regulatory base on consumer protection.

(8) This law is applied according to the principle of precaution.

(9) This law establishes general regulations of functioning of national information system under the name "Information System of Bystry Exchange of Information about Dangerous Products" (further - IS BOIOP).

Article 3. Basic concepts

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

1) antiques - products, such as collection objects or works of art concerning which consumers cannot reasonably expect them compliance to standards of safety of the last generation;

2) body for supervision of the market - the body specified in the column of the third table of appendix 1 to the Supervisory act behind the market and products No. 162/2023 compliance;

3) the businessman - in the value determined by Article 1 of the Marine life protection act of the rights of consumers No. 105/2003;

4) the consumer - in the value determined by Article 1 of the Marine life protection act of the rights of consumers No. 105/2003;

5) the remote agreement - the contract signed between the businessman and the consumer within organized remote system of sales or provision of services without simultaneous physical presence of the businessman and the consumer with use only one or several means of remote communication until the conclusion of the agreement and at the time of its conclusion;

6) the distributor - the physical person or legal entity which is part of supply chain except the producer or the importer which provides product in the market;

7) the supplier of the online market - the supplier of intermediary service who provides the online interface allowing consumers to sign remote contracts with businessmen for sale of products;

8) logistics provider - in the value determined by Article 3 of the Supervisory act behind the market and products No. 162/2023 compliance;

9) the importer - the physical person or legal entity registered in the Republic of Moldova and placing in the market of the Republic of Moldova products from other states;

10) the online interface - in the value determined by Article 3 of the Supervisory act behind the market and products No. 162/2023 compliance;

11) placement in the market - the first provision of product in the market of the Republic of Moldova;

12) the harmonizing European Union law - the regulating regulatory base applied to products specified in appendices 1 and 2 to the Supervisory act behind the market and compliance of products No. 162/2023, and also any regulation of the European Union harmonizing sales terms of products to which provisions of the specified law are applied;

13) the economic operator - the producer, the authorized representative, the importer, the distributor, logistics provider or any other physical person or legal entity to which obligations on production or on its provision in the market according to this law are applied;

14) the European standardization organization - in the value determined by article 2 of the Law on national standartization No. 20/2016;

15) producer - the physical person or legal entity which makes products or orders designing or production of product and which realizes this product under own name or own trademark;

16) product - the product interconnected or not interconnected with other products, delivered or provided on paid or free basis including in connection with rendering certain service which is intended for consumers or which, under reasonably predictable conditions, can be used by consumers even if it is not intended for them;

17) dangerous product - product which does not correspond to conditions of "safe product";

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