ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of August 13, 2012 No. 597

About approval of the Regulations on procedure of activities for supervision of the market by the Agency on consumer protection

For the purpose of fulfillment of requirements of part (4) article 27 of the Law No. 105-XV of March 13, 2003 on consumer protection (repeated publication: The official monitor of the Republic of Moldova, 2011, Art. No. 176-181, 513) DECIDES: the Government

1. Approve Regulations on procedure of activities for supervision of the market by the Agency on consumer protection, according to appendix.

2. To impose control over the implementation of this Resolution on the Ministry of Economics.

Approved by the Order of the Government of the Republic of Moldova of August 13, 2012 No. 597

Regulations on procedure of activities for supervision of the market by the Agency on consumer protection

Chapter I. General provisions

1. The regulations on procedure of activities for supervision of the market (further – the Provision) establish procedure for monitoring procedure behind observance of requirements of the legislation, technical regulations, compliance of products and the provided services to the established and/or declared requirements, including regulations of legislative metrology, regulations and rules of business activity (further – control), and also conditions and procedure for consideration of the questions which are brought up in petitions of consumers.

2. This Provision belongs to activities for supervision of the market of the Agency on consumer protection (further – the Agency), and also to actions economic the agents who are subject to control according to the law.

3. Requirements of this provision do not extend to control of observance of sanitary and hygienic and sanitary and veterinary rules by producers of foodstuff.

4. The provision is the basis for development of specific procedures of control of certain types of products/services or gages.

5. In this Provision the concepts determined in the Law No. 105-XV of March 13, 2003 on consumer protection and in the Law No. 420-XVI of December 22, 2006 on technical regulation are used

6. The concepts used in this Provision mean:

the control act – the statement of ascertaining in writing which is drawn up by one inspector or group of inspectors as a result of monitoring procedure in which its results are distinctly specified;

the direction on control – the act certifying the right of the inspector to exercise the control of the under control economic agent having the instructions established by the law;

identification of products – research based on documents and/or organoleptic control of products, services without application of test methods by determination of compliance of products, the services provided for check, to the type (brand, model) specified in regulating documents or in documents of origin, established and/or declared to requirements for the corresponding product, service.

7. Activities for control are carried out by one inspector or group of inspectors of the Agency by means of:

1) checks of observance of the current legislation and establishment of the facts of violation of the law;

2) identification and acquaintance of the controlled economic agent with variations and the facts which generated violation of legal regulations in the field of consumer protection and with consequences of this violation;

3) studying of dynamics and frequency of the admission of violations, also actions taken by the economic agent for elimination of discrepancies;

4) offers of adequate measures for legality recovery, assessment of impact and efficiency of earlier taken measures;

5) identifications of the risks connected with non-compliance with requirements of the applied regulations;

6) the prevention and fight against practicians who harm economic consumer interests.

8. In case control is carried out by group of inspectors, the head of control group is appointed.

Chapter II. Procedure for the organization of control

Part 1. Control planning

9. Planning of control is carried out by means of annual programs and quarter schedules.

10. Planning of control is carried out according to the following criteria of risk for life and health of the person:

1) the activities performed by the under control economic agent:

a) specifics of production process;

b) existence of test laboratory;

c) providing storage conditions of products, in case of perishable products;

d) providing with qualified specialists;

e) location;

2) the products/service delivered on the market:

a) nature and purpose of product/service;

b) origin of the used raw materials;

c) packaging and marking of products;

3) information on some risks and discrepancies which represent products/service, lit in mass media, or from information systems with databases about dangerous products (RAPEX, RASFF).

4) results of the previous checks.

11. When planning control information arriving from consumers, associations of consumers, legal entities, mass media, central/local authorities of public management is considered.

12. For inclusion in the schedule of control economic agents whose products/service correspond to the following criteria get out:

1) represent the increased risk for life and health of consumers;

2) are found as forged or counterfeit;

3) were done or can do harm to economic consumer interests;

4) are delivered on the market as new unknown products.

13. The agency determines and approves the annual numerical program of control according to internal procedure.

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