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LAW OF THE REPUBLIC OF MOLDOVA

of March 27, 2014 No. 44

About marking of energy-requiring products

(as amended of the Law of the Republic of Moldova of 24.05.2018 No. 79)

The parliament adopts this ordinary law.

This law provides partial transposition of the Directive of the European Parliament and Council No. 2010/30/EU of May 19, 2010 about specifying - by means of marking and provision of standard information on product - data on consumption with energy-requiring products of the energy and other main resources published in the Official magazine of the European Union by L 153 of June 18, 2010.

Chapter I General provisions

Article 1. Subject of the law

This law establishes the legislation for regulation of the national measures concerning marking and the standard information on energy-requiring products intended to end users, in particular about consumption by energy-requiring products of energy and, for circumstances, other main resources, and also the additional information about those.

Article 2. Scopes

(1) This law is applied to the household appliances and other energy-requiring products directly or indirectly influencing in usage time energy consumption and, on circumstances, other main resources.

(2) This law is not applied:

a) to second-hand products;

b) to passenger or to cargo vehicles;

c) to plates with indication of technical characteristics or to their equivalents attached for the purpose of safety to products.

Article 3. Concepts and determinations

In this law the following concepts are used:

other main resources - the water, chemicals or any other substances consumed by product in case of its use for the intended purpose;

the label of energy efficiency - the pictogram on which are specified by means of flowers, arrows and letters of the alphabet indicators of energy efficiency of the household appliance or energy-requiring product;

the information leaflet - the standard table containing information on product;

direct consumption - impact of the products consuming energy in usage time; indirect consumption - impact of the products which are not consuming energy, but promoting preserving it in usage time;

the energy-requiring product or product - any household appliance or any product placed in the market of the Republic of Moldova, influencing in usage time energy consumption including the details intended for installation in the energy-requiring products which are subject of this law which are placed in the market and/or are used as the separate details intended to final consumers and whose energy efficiency can be estimated independently;

commissioning - the first use of product to destination;

not authorized use of the label of energy efficiency - use of the label of energy efficiency by the method which is not provided by this law or use of the label of the energy efficiency which is not approved by the regulation determined in part (1) Article 7.

Chapter II of Competence and power of the central bodies of the public power in energy marking

Article 4. Competences and powers of the Ministry of Economy and Infrastructure

Ministry of Economy and Infrastructure:

a) develops and represents to the Government for approval drafts of regulations in the field of marking of energy-requiring products;

b) provides cooperation with the international organizations in the field of marking of energy efficiency and monitors development of the European Union law in the field of specifying by means of marking and provision of standard information on product of data on consumption by energy-requiring products of energy and other resources.

Article 5. Competences and powers of the Agency on energy efficiency

The agency on energy efficiency:

a) distributes to business entities information on their obligation to place in the market only the products supplied with the label of energy efficiency and accompanied with the corresponding information leaflet according to requirements of Chapter V;

b) provides the organization of campaigns for informing;

c) provides information support to bodies of public management in implementation of effective purchases in the field of their competence.

Article 6. Competences and powers of the Agency on consumer protection

(1) the consumer protection Agency according to the Law on the state control of business activity No. 131 of June 8, 2012 provides control of accomplishment of provisions of this law regarding availability and the correct use of the label of energy efficiency and the information leaflet on the products placed in the market for sale, lease or sale.

(2) If by consumer protection Agency it is determined that the product does not conform to requirements of this law and the regulation determined in part (1) Articles 7, the business entity shall provide product compliance to these requirements within 5 working days from the date of delivery of the instruction under list or from the date of its obtaining with the registered mail.

(3) If by consumer protection Agency it is determined that violation was not eliminated according to the first instruction specified in part (2), it publishes the repeated instruction about elimination of violation within three working days from the date of delivery of the repeated instruction under list or from the date of receipt of the corresponding registered mail.

(4) If in provided by part (3) term the instruction on elimination of violations was not executed, the consumer protection Agency applies sanctions according to the procedure established by the current legislation.

(5) If at the same business entity more than two times are revealed discrepancy, the consumer protection Agency takes measures for restriction or prohibition on placement in the market and/or input of products in operation and informs on it the bodies given the right of regulation, supervision and control according to the current legislation.

(6) the consumer protection Agency informs the Ministry of Economy and Infrastructure in 30-day time from the date of the identification provided by part (5) the violation allowed by the same business entity on need of the beginning of the procedure of withdrawal of product from the market or prohibition on placement it in the market because of non-compliance with provisions of this law.

Chapter III Class of energy efficiency, information leaflet, label of energy efficiency

Article 7. Information leaflet, label of energy efficiency and placement of the label of energy efficiency

(1) the Illustrative part, content and design of labels of energy efficiency on the products falling under operation of this law are established in the regulation approved by the Government.

(2) the Procedure for placement of labels of energy efficiency on the products falling under operation of this law is established in the regulation determined in part (1).

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