ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 29, 2025 No. 247

About creation and functioning of national system of traceability of the tobacco products made in the territory of the Republic of Moldova or imported on its territory and about appointment of national authority on management of national system of traceability

Based on part (1) article 20-2 of the Law 278/2007 on control over tobacco (repeated publication: The official monitor of the Republic of Moldova, 2015, Art. No. 258-261, 489), with subsequent changes, DECIDES: the Government

1. Approve the Technical regulation about creation and functioning of national system of traceability of the tobacco products made in the territory of the Republic of Moldova or imported on its territory it (is applied).

2. Appoint:

2.1. Customs Service holder of national information system of generation and issue of identification markings and national information system of data storage.

2.2. Public institution "Center of information technologies in finance":

2.1. developer the owner and the managing director of national information system of generation and issue of identification markings and national information system of data storage according to Item 88 of the Technical regulation on creation and functioning of national system of traceability of the tobacco products made in the territory of the Republic of Moldova or imported on its territory;

2.2. the issuer of identification markings according to Items 4-7 of the Technical regulation on creation and functioning of national system of traceability of the tobacco products made in the territory of the Republic of Moldova or imported on its territory.

3. To public institution "Center of information technologies in finance" as the issuer of identification markings to approve and levy payment from business entities for generation and issue of identification markings according to Item 9 of the Technical regulation on creation and functioning of national system of traceability of the tobacco products made in the territory of the Republic of Moldova or imported on its territory.

4. To provide to public institution "Center of information technologies in finance" and Customs Service before commissioning of national storage system of data the corresponding documentation of national information system according to Article 7-6 and Item d) article 22 of the Law No. 467/2003 on informatization and the state information resources.

5. This resolution becomes effective from the effective date article 20-2 of the Law No. 278/2007 on control over tobacco.

6. The tobacco products made in the territory of the Republic of Moldova or imported for realization in the territory of the Republic of Moldova before the date of entry into force of this resolution and not designated by unique identification markings at the level of single packaging according to the Technical regulation on creation and functioning of national system of traceability of the tobacco products made in the territory of the Republic of Moldova or imported on its territory can remain in free circulation during the period which is not exceeding 18 months from the effective date this resolution. In case of these tobacco products of the obligation, specified in Chapter VI of the mentioned regulations, are not applied.

Approved by the Order of the Government of the Republic of Moldova of April 29, 2025 , No. 247

The technical regulation about creation and functioning of national system of traceability of the tobacco products made in the territory of the Republic of Moldova or imported on its territory

This Technical regulation:

- partially shifts the Implementation regulations (EU) 2018/574 of the Commission of December 15, 2017 concerning technical standards on creation and functioning of system of traceability of tobacco products, published in the Official magazine of the European Union by L 96/7 of April 16, 2018, CELEX: 32018R0574, with the subsequent changes made by Implementation regulations (EU) 2023/448 of the Commission of March 1, 2023 about modification of Implementation regulations (EU) 2018/574, concerning technical standards on creation and functioning of system of traceability of tobacco products;

- shifts Article 15 of the Directive 2014/40/EU of the European parliament and Council of April 3, 2014 about rapprochement of legislative, reglementarny and administrative provisions of EU member states in the field of production, representation in the market and sales of tobacco products and joint products and about cancellation of the Directive 2001/37/EC, CELEX: 02014L0040-20231023, with the subsequent changes made by the Delegated directive 2014/109/EU of the Commission of October 10, 2014 published in the Official magazine of the European Union by L 127 of April 29, 2014.

Chapter I. General provisions

Section 1 Subject and concepts

1. The technical regulation about creation and functioning of national system of traceability of tobacco products (further - the Technical regulation) establishes technical standards on creation and functioning of national system of traceability of the tobacco products made in the territory of the Republic of Moldova or imported on its territory (further - national system of traceability).

2. For the purpose of this Technical regulation the following concepts are applied:

2.1. aggregative packaging - any packaging containing more than one single packaging of tobacco products;

2.2. the read-out code for the person - the code providing electronic information access about the unique identifiers which are stored in system of storages of data;

2.3. storage of data - the storage containing the data on traceability concerning the tobacco products and the equipment used in the course of their production, imported or made in the territory of the Republic of Moldova;

2.4. disaggregation of aggregative packaging - any disassembly of aggregative packaging with tobacco products;

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