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ORDER OF THE MINISTRY OF ECONOMICS OF THE REPUBLIC OF MOLDOVA

of January 27, 2015 No. 6

About approval of the Regulations on procedure for the organization and functioning of the Commission on consideration of the application about recognition of conformity assessment bodies

According to Article 8 parts (1) lit.k) the Law No. 235 of December 1, 2011 on activities for accreditation and assessment of conformity (The official monitor of the Republic of Moldova, 2012, No. 46-47, the Art. 136), Item 10 the subitem 5) Regulations on the organization and functioning of public organization "Centrul National de Acreditare din Republica Moldova" (MOLDAC) approved by the Order of the Government No. 77 of January 25, 2013. (The official monitor of the Republic of Moldova, 2013, No. 22-25, the Art. 117), Item 7 lit.k) the subitem 5) appendices No. 1 to the Order of the Government No. 690 of November 13, 2009 about approval of the Regulations on the organization and functioning of the Ministry of Economics, structure and extreme number of its central office (The official monitor of the Republic of Moldova, 2009, No. 166-168, the Art. 768), and also based on the Convention No. 4 of August 23 2013, (MOLDAC) concluded between the National center for accreditation of the Republic of Moldova and the Ministry of Economics, PRIKAZYVAYU:

1. Approve Regulations on procedure for the organization and functioning of the Commission on consideration of the application on recognition of conformity assessment bodies according to appendix No. 1 to this order.

2. From the date of entry into force of this order to recognize invalid:

- The order of the Ministry of Economics No. 10 of January 30, 2009 about approval of rules of authorization of OOS;

- The order of the Ministry of Economics No. 11 of January 30, 2009 about approval of the technical regulation on establishment of requirements for accreditation of OOS in the regulated area.

3. Post on the website of the Ministry of Economics the Convention No. 4 of August 23, 2013 signed between the National center for accreditation of the Republic of Moldova (MOLDAC) and the Ministry of Economics.

4. This order becomes effective from the date of publication in Monitorul Oficial al Republicii Moldova.

Deputy minister of economy

Valeriu Triboy

Appendix No. 1

to the Order of the Ministry of Economics of the Republic of Moldova of January 27, 2015 No. 6

Regulations on procedure for the organization and functioning of the Commission on consideration of the application on recognition of conformity assessment bodies

I. General provisions

1. The commission on consideration of the application about recognition (further – the Commission) is created depending on the regulated area for the purpose of consideration of the application about recognition of conformity assessment bodies (OOS) which perform activities within competence of the Ministry of Economics, according to the Convention No. 4 of August 23, 2013 signed between the National center for accreditation of the Republic of Moldova (MOLDAC) and the Ministry of Economics.

2. The staff of the Commission affirms the order for each regulated area which is under authority of the Ministry of Economics.

3. The commission considers set of documents for recognition of OOS according to the procedure stated in the Convention. Consideration of the provided set of documents for recognition, suspensions, reducing or withdrawal of recognition and adoption of the relevant decision is performed not exceeding 15 working days from the date of receipt of set of documents in time.

II. Powers, the rights and obligations of the Commission on consideration of the application about recognition of conformity assessment bodies

4. The commission performs the following powers:

a) carries out the analysis of the statement for recognition;

b) makes the decision and represents to management of the ministry of the recommendation for recognition, suspension, reducing or withdrawal of recognition of OOS;

c) makes the decision and represents to management of the ministry of the recommendation about refusal in recognition in case compliance to the applicable existing requirements of the relevant legislation is not proved;

d) develops the draft of the order on recognition of OOS, and also the draft of the order on suspension, reducing or withdrawal of recognition of OOS;

e) represents to management of the ministry of the recommendation of feasibility of participation of one of members as the observer in activities for assessment of acknowledged OOS which is carried out by national authority on accreditation or in the course of that recognition;

f) carries out the analysis of the annual statements constituted by acknowledged OOS for the purpose of ensuring cooperation with them;

g) considers cases of non-compliance with requirements which formed the basis for recognition.

5. The commission has the right to request from national authority on accreditation the report on supervision of acknowledged OOS.

6. The commission shall provide impartiality, objectivity in decision making in case of recognition of OOS, and also confidentiality of information on their activities.

III. The organization of the Commission on consideration of the application about recognition of OOS

7. Members of the commission are appointed based on competence, impartiality and independence of OOS which requests recognition. The chairman directs the commission.

8. Each member of the commission shall declare under the personal liability that he has no family relations to the third step with any of applicants of recognition, or for the last three years had no employment relationships or did not cooperate with one of applicants of recognition or did not consist in administrative board or in any other leading or administrative authority of the applicant. This declaration is filled in according to the sample provided in appendix to this Provision.

9. The commission consists of 4 members, including:

1) the chairman - the chief of head department which competence includes area in which recognition is requested;

2) the secretary – the representative of management of development of infrastructure of quality;

3) 2 members for each area appointed by the Order No. 144 of 19.08.2014 on ensuring process of development and maintaining the technical regulations which are within the competence of the Ministry of Economics.

10. If one of members of the commission is absent, he can be replaced (without publication of the additional order) by person who fulfills duties in the period of its absence according to the job description. Similar replacement is noted in the protocol.

11. The commission gathers as necessary at the request of the chairman when there are statements about recognitions of OOS.

12. Decisions of the Commission are made by simple majority (50% + 1) voices in open form of all present members.

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