Document from CIS Legislation database © 2003-2021 SojuzPravoInform LLC

LAW OF THE REPUBLIC OF MOLDOVA

of December 22, 2006 No. 420-XVI

About technical regulation

(as amended on 06-03-2020)

The parliament adopts this organic law.

This law establishes the legal basis of technical regulation and is directed to elimination of technical barriers in trade.

Chapter I. General provisions

Article 1. Purpose and scope

(1) the Purpose of this law are strengthening of functioning of the domestic market by means of elimination of technical barriers in trade and accomplishment of obligations of the Republic of Moldova, including before the World Trade Organization and the European Union, and also providing the conditions for introduction on the market of safe products promoting development of the competitive market.

(2) For goal achievement, specified in part (1), this law establishes general requirements to content and method of development, approval and application of technical regulations in the field of sales of products, and also function of the regulating bodies for ensuring transparency of process of regulation for the purpose of protection of public concerns in the domestic market.

(3) Without prejudice to provisions of this law of provision, the accreditations concerning procedures and assessment of conformity, are established in the Law on activities for accreditation and assessment of conformity No. 235/2011, and the provisions concerning supervision of the market concerning realization of nonfood products contain in the Supervisory act behind the market concerning realization of nonfood products No. 7/2016.

(4) This law does not extend:

a) on sanitary and phytosanitary measures according to the Agreement on application of the sanitary and phytosanitary measures provided in appendix 1A to the Marrakesh agreement on organization of the World Trade Organization;

b) on products sold in the market as antiques or in the museum purposes;

c) on military products: the military equipment, arms and the special equipment which is directly connected with defense and national security;

d) on the technical specifications in the sphere of public procurements developed by bodies of the public power for own production or consumer needs.

Article 1-1.

No. 40 voided according to the Law of the Republic of Moldova of 06.03.2020

Article 2. Basic concepts

In this Law the following basic concepts are used:

technical regulation – set of types of activity on establishment of requirements to products concerning its safety, sales terms and use, and also on establishment of rules of supervision of the market and assessments of conformity;

the regulating body – the central industry body of public management responsible within the competence for development of technical regulations;

technical barriers in trade - the distinctions in requirements of the national (Moldavian) and used in the international practice technical regulations, standards and assessment procedures of compliance or their non-recognition leading to costs of means, additional in comparison with customary commercial practice, and/or time for sales of products in the internal and external markets;

the main requirements – the requirements established in the national technical regulations shifting the harmonizing European Union law, the ensuring homeland security, safety of products for life and human health, animal and flora, the environment and material values for the purpose of protection of consumer interests including the prevention the practician misleading the consumer concerning structure, appointments, origins, qualities and safety of products;

technical documentation – the documentation developed by the producer allowing to estimate compliance of products and serving for provision of information relating to designing, production and operation of product;

the regulated area – set of types of economic activity and products types corresponding to them for which special technical regulations about conditions of introduction of products on the market and/or its provisions in the market are published;

the module - set of the rules and procedures applied to assessment of conformity of products according to the European practice;

the concerned party - authority, the business entity or other organization which are applying or having intention to apply the technical regulation;

compliance presumption - the assumption recognized reliable will not be proved the return yet, that products conform to the requirements established in the applied technical regulation;

assessment procedure of compliance - any procedure directly or indirectly used for determination of compliance of products to requirements of technical regulations or standards. The term "assessment procedure of compliance" covers, in particular, procedures of selective control, testing and inspection, assessment, check and confirmation of conformity, registration and approval, and also their combinations;

products – any material value including received in the course of rendering services, intended for distribution, consumption or use in the market within business activity on paid or free basis;

the technical regulation - the regulation providing product characteristics or processes and methods of its production including the applied administrative provisions which observance is obligatory. It may contain or to treat only the terminology, designations, instructions connected with packaging, marking or labeling in relation to products, process or method of production. Any regulation containing mandatory requirements to labeling falls under determination of the technical regulation and shall be developed and be applied according to provisions of this law;

the harmonized standard - the European standard accepted on the basis of request of the European commission for application of the harmonizing European Union law.

Chapter II. Requirements to regulation of sales of products

Article 3. General requirements to technical regulations

(1) Technical regulation is prerogative of the state and is performed by the regulating bodies.

(2) For the purpose of safety of products for life and human health, animal and flora, the environment and protection of consumer interests, including the prevention the practician, capable to mislead them, and also for other reasons of public order the regulating bodies develop technical regulations according to this law.

(3) In case of development and adoption of technical regulations the international principles and the obligations undertaken based on the international and European agreements for the purpose of prevention of unreasonable barriers in trade are considered.

(4) In case of development of the technical regulation the regulating body at first analyzes need of its development, determines the corresponding task and the lawful purpose then takes availability of the international and European standards or standards which development is at completion stage into account.

Warning!!!

This is not a full text of document! Document shown in Demo mode!

If you have active License, please Login, or get License for Full Access.

With Full access you can get: full text of document, original text of document in Russian, attachments (if exist) and see History and Statistics of your work.

Get License for Full Access Now

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info

Effectively work with search system

Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system

Get help

If you cannot find the required document, or you do not know where to begin, go to Help section.

In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.

You also may open the section Frequently asked questions. This section provides answers to questions set by users.

Search engine created by SojuzPravoInform LLC. UI/UX design by Intelliants.