Approved by Council of Chamber of Commerce and Industry of October 5, 1999 No. 2

Regulations on procedure for issue of licenses for examination of goods

I. GENERAL PROVISIONS

1. This provision is developed according to "The law on licensing of separate types of activity" N332-XIV of March 26, 1999 and establishes procedure for issue of licenses (the hereinafter referred to as license and activities requiring the license) for the right of examination of goods:

- quantity, quality of food products and packaging;

- quantity, quality of manufactured goods and packaging;

- quantity, quality of the wood and construction materials;

- quantity, quality of furniture;

- quantity, quality of the equipment, equipment and aggregates which are included in the package;

- merchandising examination of vehicles.

2. In the Republic of Moldova economic agents irrespective of their organizing legal form carry out expertize of goods only based on the licenses granted by Chamber of Commerce and Industry of the Republic of Moldova.

When carrying out these activities without licenses economic agents bear responsibility according to the current legislation.

3. The license is the official act by means of which the capability and the right of its owner to carrying out any type of activity in conditions which could ensure quality and safety of goods and services is certified.

Forms of licenses are acts of strict accounting.

The license acts on all territory of the Republic of Moldova and beyond its limits according to international agreements, one of the parties of which is the Republic of Moldova.

II. ISSUE OF LICENSES

4. Consideration of the applications on receipt of licenses is performed by the commission on issue of licenses for examination of goods (in dalneyshemkomissiya).

5. Presence on commission session of the representative of firm which wishes to obtain the license is obligatory.

6. Physical persons and legal entities, both local, and foreign, registered as entrepreneurs in the Republic of Moldova according to the legislation have the right to the license.

7. For receipt of the license the economic agent applicant submits the commissions the statement on licensing in which he specifies:

- company name, the legal form of the organization, the address, fiscal code (in case of one legal entity), the surname, name (middle name, on demand) this from the identity certificate (series, number, the address) and fiscal code (in case of one physical person);

- kind of activity which requires the license;

- for receipt of the license each person who joins in the license shall be certified on compliance for carrying out these activities by means of written testing or electronic versions with use of the computer;

- testing is held in state language or respectively in Russian. The conclusion is carried out based on results of testing in both languages.

The following documents are enclosed to the application:

a) the registration certificate in the State registration chamber under the Ministry of Justice;

b) charter (legal entity) or decision on creation (physical person);

c) the documents confirming the technical and organizational conditions necessary for carrying out the activities requiring the license;

- the technical and organizational conditions necessary for conducting activities in the field of examinations (office, the register of the orders, statements of examinations which are drawn up within the last year, poste restante licenses, forms of acts of examinations, the list of metrological tools).

Economic agents are owners of licenses in the field of examination of goods - use the forms of appraisal certificates issued to Chamber of Commerce and Industry of RM for the corresponding payment;

- the approved regulations on procedure for conducting examination of goods;

- the certificate on certification of authorization of laboratories (in case of its existence);

d) the copy of the diploma about the higher education;

e) the documents confirming work experience in the field at least five years;

f) in case of need permission of bodies of standardization, metrology and technical supervision, environmental protection, civil protection in cases of emergency situations and sanitary and epidemiologic service, other representatives on licensing of the bodies relating to existence of some conditions necessary for maintaining this kind of activity.

The above-stated documents constitute single part of the statement and are attached in copies, representing at the same time the original.

8. The documents submitted by the applicant for receipt of the license are registered the secretary of the commission in this industry of the register of accounting of licenses and remain during all term.

9. Date of submission of all documents provided in item 7 is considered submission due date of the statement.

10. Consideration of the applications and the provided documents is carried out on commission session where authenticity of materials in case of observance of the current legislation is considered in full.

11. The costs necessary for consideration of conditions of activities of the economic agent, including also those which enter consideration of the case on places, payment and accommodation of experts is made at the expense of the applicant. Decisions on issue or refusal in licensing are accepted by the commission by means of majority of votes of the present members at meeting and are legalized by the protocol signed by the commission chairman and the responsible secretary.

12. The term of consideration of the applications, testing of persons with pronouncement of the relevant decision shall not exceed 30 days from the date of representation by the applicant of all necessary documents specified in item 7 of this charter.

13. The commission within 10 days after licensing informs tax authorities and local authorities on licensing.

14. In case the decision on license lack of distribution is made, this fact is told in writing the applicant within 3 days after decision making.

The message shall include reasonable motivation of refusal in licensing.

The main motives for refusal in licensing can be:

- the wrong or forged data which contain in the documents submitted by the applicant;

- if persons who shall be brought in the license did not pass test (were not certified) by means of written testing or the electronic version when using the computer;

- establishment by means of examination of discrepancy or lack of necessary conditions for carrying out licensed activities by the applicant, namely:

a) lack of the technical and organizing means provided by this charter;

b) absence as a part of personnel of the company of persons having work experience in this field of activity;

c) lack of conditions of ecological safety for health and life of people;

d) lack of sanitary and hygienic conditions;

e) identification of cases of rendering services in this industry with violation of the normative and technical documents established by the legislation etc. within the last year from the date of receipt of the license.

The economic agent can submit the new application for licensing after all criteria specified in the reply letter its primary requirements are carried out.

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