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The document ceased to be valid since June 16, 2017 according to the Order of the Government of the Republic of Moldova of June 12, 2017 No. 420

ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of July 26, 2004 No. 862

About enhancement of system of specialized state control

(as amended on 16-01-2013)

For the purpose of reducing number of the state checks at economic agents, increase in their quality and responsibility of the Government DECIDES: control facilities

1. Approve:

Regulations on the organization of the state complex specialized checks according to appendix No. 1;

reporting forms about performed and reports on the planned checks according to appendix No. 2.

2. In a month:

to the ministries and departments in which subordination there are regulatory authorities, together with the Ministry of Finance and the Ministry of Economics to provide to the Government of the offer on differentiation of control functions of control facilities and functions of assessment of conformity of goods and services. The companies for assessment of conformity lose the right to perform control functions which are transferred in competence of some state inspections;

To the Ministry of Health, the Ministry of Agriculture and the food industry, the Ministry of Transport and Communications to provide to the Government of the offer on rationalization of quantity and structure of subordinate regulatory authorities by their merge, with preserving the control functions which are carried out by them.

3. To department of standardization and metrology to develop and provide to the Government for approval the list of goods and services, subject to obligatory certification on the basis of the following principles in a month:

certifications are subject only goods which constitute danger or can lead to emergence of danger to people, material values and the environment if these goods are imported from the countries, certificates of conformity or qualities of which cannot be acknowledged in the Republic of Moldova or if goods are imported from the countries, standards or specifications of which are acknowledged in the Republic of Moldova, but they are not accompanied by certificates of conformity or qualities;

only goods which are made in the Republic of Moldova are subject to obligatory certification and constitute danger or can lead to emergence of danger to people, material values and the environment;

in the list fixed terms of action of certificates of conformity of the goods and services issued by conformity assessment bodies and also the minimum frequency of revaluation of compliance of goods and services.

4. Government commission on coordination of activities for development of measures for reform of state regulation of business activity and the Center of lawmaking together with the ministries and departments in 6-month time to make offers on modification in legislative and regulations for ensuring accomplishment of provisions of this resolution.

5. To impose control over the implementation of this resolution on Mr. Vasile IOVVA, the First Deputy Prime Minister, and Mr. Mariana LUPU, the Minister of Economic Affairs.

 

Prime Minister

Vasile Tarlev

First Deputy Prime Minister

Vasile Iovv

Minister of Economic Affairs

Marian Lupu

Minister of Finance

Zinaida Grechany

Minister of Justice

Victoria Iftodm

Appendix No. 1

to the Order of the Government of the Republic of Moldova of July 26, 2004 No. 862

Regulations on the organization of the state complex specialized checks

I. General provisions

1. In this provision the following concepts are used:

check - set of actions for check of accomplishment by the economic agent or his part of provisions of the current legislation and regulations by one controller or group of the state controllers by visit of the economic agent or the invitation of his representatives in regulatory authority;

supervision - set of actions taken by one controller or group of the state controllers by the continuous or periodic analysis of some data (statistical, customs, bank, results of the inspections which are carried out at other economic agents whose activities are connected with activities of the corresponding economic agent, written testimonies of witnesses, etc.) or the tests specifying with some share of probability, on departure of the economic agent from provisions of the current legislation and regulations, without intervention in its activities. In case of identification of unacceptable probability of departure the regulatory authority can initiate conducting check at the corresponding economic agent;

specialized check - the inspection which is carried out by state control bodies for the purpose of:

a) establishments of compliance of rooms and territory, production technologies, storage, transportation and sales of goods and services of the economic agent to health regulations, standards and specifications (regulations) necessary for providing the corresponding indicators of harmlessness, goods quality and services and environment protection;

b) establishments of compliance of the goods and services (made or rendered by economic agents) to the indicators of harmlessness and quality provided by the existing regulations and also compliance of extent of pollution of the environment by economic agents to the established regulations;

c) checks of observance by economic agents of requirements of standards, specifications (regulations) and rules on safe operation of machines, the equipment and constructions, and also observance of health, bacteriological, veterinary and epidemiological, phytosanitary, fire-proof, aseismic regulations and regulations etc.

2. Forms of checks

Specialized checks can be performed in the following forms:

scheduled inspection - in advance provided check at the economic agent according to provisions of the legislation and regulations with the frequency established in these documents, but is not more often than once a year. One state control body with the frequency stated above can make at the same economic agent only one planned check. All other checks which do not correspond to the concept "scheduled inspection" are considered as unplanned;

repeated check - check of accomplishment of instructions on elimination of the violations established in the previous inspection statement (planned or unplanned) which is considered component of the previous check;

specialized complex check - the inspection which is carried out by one or group of the regulatory authorities specializing in all spheres of activity of the corresponding economic agent.

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