LAW OF THE REPUBLIC OF MOLDOVA

of February 26, 2016 No. 7

About supervision of the market concerning realization of nonfood products

For the purpose of creation of the legal base for application of provisions of Chapters I and III of Regulations (EU) No. 765/2008 of the European Parliament and Council of the July 9, 2008 establishing requirements to accreditation and supervision of the market concerning sales of products and canceling Regulations (EEC) No. 339/93,

The parliament adopts this organic law.

Chapter I. General provisions

Article 1. Scope of application

(1) This law establishes the legal base of activities for supervision of the market of nonfood products for ensuring compliance of these products to the main requirements guaranteeing the high level of protection of public concerns, such as health and safety in general, health and work place safety, consumer protection, environmental protection and safety.

(2) This law extends to products relating to the regulated areas provided in the appendix which is integral part of this law for which there are applicable technical regulations transposing the harmonizing legislation of Community and also on other products intended to provision in the market for which there are main requirements provided by applicable technical regulations, except for products specified in part (5).

(3) This law does not interfere with supervision bodies behind the market in taking measures according to the Law on general safety of products No. 422-XVI of December 22, 2006.

(4) If international treaties, one of the parties of which is the Republic of Moldova, other provisions are established, than provided in the legislation of the Republic of Moldova on supervision of the market provisions of international treaties are applied.

(5) This law does not extend on:

a) foodstuff;

b) stern for animals, live plants and live animals;

c) the waste products of the person and products of vegetable and animal origin connected directly with their future reproduction;

d) narcotic, psychotropic substances and their precursors;

e) medical products, the active implanted medical products, medical products for diagnostics of in vitro;

f) medicines for people and animals;

g) cars, aircrafts and equipment for aircrafts;

h) services.

(6) Activities for supervision and control of the products/services specified in part (5), it is regulated by the law.

(7) Supervision of the market extends to products which production and assembly are performed for own needs of the producer in case the harmonizing legislation of Community or technical regulations transposing it provide applicability of the provisions to such products.

Article 2. Basic concepts

For the purposes of this law concepts are used:

dangerous products, serious risk – in value of the Law on general safety of products No. 422-XVI of December 22, 2006;

the distributor, the introduction on the market, the importer harmonizing the legislation of Community, marking of CE, producer, provision in the market, the authorized representative – in value of the Law on activities for accreditation and assessment of conformity No. 235 of December 1, 2011;

the official of customs authorities, release in free circulation, customs regime – in value of the Customs code of the Republic of Moldova No. 1149-XIV of July 20, 2000;

information system – in value of the Law on informatization and the state information resources No. 467-XV of November 21, 2003,

and also the following basic concepts meaning:

business entity – producer, the authorized representative, the importer and/or the distributor;

supervision bodies behind the market – the central industry bodies or administrative authorities subordinated to them, according to this law representatives within the competence to pursue state policy in the field of supervision of the market;

control of product characteristics or control of products – activities of supervision body behind the market on verification of product characteristics by means of verification of documentation and, in case of need, selection and survey of product samples and laboratory testing on the basis of the corresponding samples;

survey of product samples – visual inspection of product samples for determination of compliance to the established main requirements;

identification of products – survey of products based on documents and/or organoleptic control, without application of test methods, for determination of its compliance to the type (model, the article, modification) provided by regulating documents and/or documents on origin;

the inspector – person authorized by means of the direction on control to perform check of accomplishment of legislative provisions and regulations, and also compliance to products provided in the market to the main requirements;

market monitoring – set of actions taken by supervision bodies behind the market by means of the permanent or periodic information analysis or proofs specifying with certain share of probability departures from legislative provisions and regulations and/or discrepancy to products provided in the market to the main requirements without intervention in activities of business entities;

the instruction – the document, obligatory for execution by business entity, published during control of products in case of identification of violations of requirements legislative and regulations and/or discrepancies to products entered on the market and/or provided in the market to the main requirements for the purpose of application of the adjusting measures;

products – the substance, medicine or material value made during production process, except for foodstuff, forages, live plants and animals, waste products of the person and products of vegetable and animal origin connected directly with their future reproduction;

the sectoral program – the program according to which the supervision body behind the market performs activities for supervision of products in the sphere of the competence and determines categories of products or risks;

response – any measure designed to provide return of products which already went the end user (consumer) into the disposal;

withdrawal – any measure designed to prevent provision in the market of products in supply chain;

supervision of the market – the activities performed by supervision bodies behind the market and the measures applied by them in order that products conformed to applicable main requirements or did not threaten health, safety or other aspects of protection of public concerns.

Article 3. Basic principles of supervision of the market

The basic principles of supervision of the market are:

a) harmony of the adjusting measures applied by supervision bodies behind the market, to risk level to public concerns;

b) objectivity, impartiality and competence of supervision bodies behind the market and customs authority when implementing by them of supervision of the market;

c) transparency of supervision of the market, availability and transparency of information in this area;

d) coordination of actions of supervision bodies behind the market and customs authority and their interaction;

e) inadmissibility of accomplishment of functions of supervision of the market by conformity assessment bodies;

f) inadmissibility of duplication of functions of supervision bodies behind the market;

g) protection within supervision of the market of the rights and interests of business entities and consumers (users);

h) assistance of transparency of the market and increase in extent of awareness by business entities of their responsibility to consumers (users) and partners;

i) inadmissibility of discrimination of business entities and prevention of unfair competition;

j) application, irrespective of country of source, number of uniform measures for supervision of the market;

k) implementation of supervision of the market by means of planned and systematic activities and permanent improvement of its quality by means of the analysis and periodic assessment;

l) the prevention of emergence of conflict of interest in case of laboratory testing of product samples;

m) ensuring cooperation between business entities, on the one hand, both supervision bodies behind the market and customs authority – with another;

n) support and encouragement of the voluntary measures undertaken by business entities according to the obligations ordered by this law and with obligations of internal control of compliance of products to the established main requirements and/or general requirements of safety;

o) protection of the confidential information obtained when implementing supervision of the market;

p) observance in case of application of sanctions for non-execution of the main requirements of the principle of harmony of the sanction to the damage caused by the allowed violation.

Article 4. General provisions about supervision of the market

(1) Supervision of the market is exercised on behalf of the state by supervision bodies behind the market according to the law. Set of supervision bodies behind the market makes system of supervision of the market.

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