Priorities of technical regulation in Republic of Moldova

1.  Aspects determining the priorities of Republic of Moldova in the field of technical regulation:

   Moldova is member of World Trade Organization (In May 8, 2000 in Geneva the protocol concerning the accession of Republic of Moldova to the WTO was signed);

    Republic of Moldova is striving to access the European Union (an agreement was signed between the Republic of Moldova and EU concerning partnership and cooperation);

    Importance of integration of Republic of Moldova into the European and East-European market;

   Extension of exports into the CIS market and protection of internal market against the non-conform (dangerous) imported products.

     Law on technical barriers on trade (is given the term “technical regulation”, are described the rules and principles regarding elaboration of technical regulations);

     Law on standardization (is established the transition period to the voluntary standardization);

     Law on conformity assessment (giving the structure of technical regulation. Also are defined the modules for conformity assessment procedures and requirements (as minimum) concerning designation and notification of conformity assessment bodies in the regulated area);

     Government Decision on transition to the voluntary standardization (adopted in 2002) defines the competent authorities appointed to establish mandatory requirements on products, processes, services and to elaborate technical regulations; also to define groups of products that fall under the mandatory standards. These technical regulations should

transpose relevant European directives into the national legislation.

2. Legal framework of Republic of Moldova related to elaboration of technical regulations:

The national technical legislation will be developed in following areas:

     Drafting of legal documents on groups or types of products or services. These legal documents should also define specific aspects regarding standardization, conformity assessment, metrology;

     Elaboration of legal documents that define numeric expressions or intervals of values of harmful actions within production processes.

 

Legal acts, as elements of state regulation, should be applied (implemented) together with technical regulations adopted by competent authorities and with relevant standards.

Technical regulations and standards should practically implement the provisions of legal acts.

3.  Development of national technical legislation:

Development of national technical legislation:

By the Government Decision nr. 873 from July 7, 2004 was adopted the National Plan concerning elaboration of technical regulations. This Decision defines technical regulations that should be prepared on base of New Approach Directives and technical regulations in the agricultural field.

Also are defined the authorities responsible for elaboration and implementation of technical regulations.

Was adopted and put into force the Law on foodstuff, that was prepared on base of European regulation 178/2001, related to New Approach principles regarding safety of foodstuff.

On the base of adopted plan and taking into account the proposals of competent authorities, are given the following priorities per periods:

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4.  Technical regulation priorities

4.1.         Horizontal technical regulations 

nr.Technical regulation European legal acts,

international normative acts, taken, as base for elaboration

Year of elaboration

and of adoption

1 Law on general safety of products

Directive 2001/95/EEC 2005-2006

2 Law on product liability Directive 85/37/EEC 2006

3 Amendments of the law on technical barriers to trade and to the law on standardization

Directives 98/34/EC and 98/48/EC

2005

Taking into account that elaboration of technical regulations is a long process (until the vertical legal framework will be prepared) the elaboration horizontal technical framework is considered as of high priority. This horizontal legislation will be used to establish the requirements related to general safety of products.

A. Priorities in the field of technical regulation, to harmonize the national legal framework with European one

Technical regulation EU Directive on which base the technical regulation is

elaborated

Term of elaboration

On modules for conformity assessment procedures

Council Decision 93/465/EEC 2005

Safety of simple pressure vessels 87/404/EC 2005

Safety of hot water boilers 92/42/EEC 2006

Safety of gas appliances 90/396/EEC 2007

Safety of potentially explosive atmospheres equipment

94/8/EC 2005

Priorities in the field of technical regulation, to harmonize the national legal framework with European oneSafety of low voltage equipment 73/23/EEC 2006

Requirements for electrical supply equipment

1999/5/EC 2005

Requirements relate to electromagnetic compatibility

89/336/EEC 2005

Safety of transport and components 70/156/EEC 2005

Requirements for personal protective equipment

89/686/EEC 2005

Safety of cosmetic products 76/768/EEC, 90/121/EEC, 2003/15/EC

2005

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B. Areas, in which, at the national level, there is need of specific technical regulations, but there are no correspondent New Approach European directives

The elaboration of these technical regulations will be elaborated on the base of standards Codex Stan and EU regulations 178/2002 related to safety of foodstuff.

Technical regulation Term of elaboration

Juices, nectars and beverages. Mandatory requirements 2004-2006

Vegetables and their products. Mandatory requirements 2004-2006

Fruits and their products. Mandatory requirements 2004-2006

Law on meat and meat products 2004-2006

Law on milk and milk products 2004-2006

Law related do sugar and sugar products 2004-2006

Natural honey. Mandatory requirements 2004-2006

Law related to tobacco and tobacco products 2004-2006

Law related to cosmetic products 2004-2006

Law related to cereals and cereal products 2004-2006

C. Areas regulated on the national level that reed international cooperation

Technical regulation EU Directive on which base the technical

regulation is elaborated

Term of elaboration

Safety of gas appliances 90/396/EEC 2007

Electronic and radioelectronic equipment. Electromagnetic compatibility. Basic requirements

89/336/EEC

93/68/EEC

2005

Toys. Mandatory requirements 88/378/EEC

93/68/EEC

2006-2010

Classification, labeling and packaging of dangerous chemical products

67/548/EEC

88/379/EEC

87/18/EEC

99/11/EC

2006-2010

C. Areas regulated on the national level that reed international cooperation

Technical regulation Term of elaboration

Juices, nectars and beverages. Mandatory requirements 2004-2006

Vegetables and their products. Mandatory requirements 2004-2006

Fruits and their products. Mandatory requirements 2004-2006

Law on meat and meat products 2004-2006

Law on milk and milk products 2004-2006

Law related do sugar and sugar products 2004-2006

Natural honey. Mandatory requirements 2004-2006

Law related to tobacco and tobacco products 2004-2006

Law related to cosmetic products 2004-2006

Law related to cereals and cereal products 2004-2006

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5. Standardization, accreditation and conformity assessment

5.1.         Standardization

The activity related to national standardization in Republic of Moldova is influenced by:     the reform of national market with implementation of market relationship principles;     striving to integrate the national economy into the European and international markets;     the need to promote within the national system of standardization a harmonized with

other states standardization policy;     is elaborated and enforced the legal framework related to standardization;     is implemented the international experience in the field of standardization;     the work concerning standardization is carried out through technical comities (TC);     is promoted transition to voluntary standardization;     is created and managed the National Fund of Normative Documents;     is developed the informational system (to assist the standardization activities) based on

new technologies regarding the process of gathering, processing stock and delivery of information.

Moldova is a correspondent member of ISO from February, 1997.In present is carried out the work related to accession to CEN, CENELEC and IEC as

associate member.

     By the law on conformity assessment of products (adopted in April,

2003) is formed the system of accreditation and the system of conformity assessment, that are institutionally separated.

The conformity assessment system was formed (in accordance with international and European standards) on base of former National System of Certification by dividing the activities of accreditation and of certification. The procedures of conformity assessment in force in Moldova are in accordance with the following criteria:

• not to create barriers to trade;• non discriminatory approach to conformity assessment of products

originating from different states;• should be ensured the confidentiality of information and the commercial

secrets during the process of conformity assessment;• should exist the procedure of examination and resolving of complaints, if they

are legally based;• recognition of conformity assessment procedure by the other states.

5.2 Accreditation and conformity assessment

  Tacking into account the specific aspect that Republic of Moldova is an agricultural country, and also considering the statistic data related to import/export with East-European Countries, we are pointing out the common need to jointly elaborate technical regulations on foodstuff, applying new approach principles on safety of products.

6. Problems that are subject of technical regulation promoted jointly with East-European Countries

The national standardization was established in the period characterized by the lack of developed technical legal framework (that defines requirements for products and services). In order to extend technical regulation on products and services, there were used mandatory requirements of standards.

Taking into account the WTO requirements, in accordance with legal framework into force, is considered as of high priority the elaboration of technical regulations based on New Approach Directives and on technical regulations related to foodstuff and agricultural products, harmonized with the Codex Stan Standards and the European regulation concerning the general safety of foodstuff 178/2002.

Considering the experience of the EU member-states in the field of transposition of European directives into the national legislation, we point out the need to examine de possibility to elaborate jointly the technical regulations related to foodstuff, that are of great interest from the point of view of import/export process.

7.     Conclusions and proposals