Amending And Supplementing Certain Acts

Original Language Title: pentru modificarea şi completarea unor acte legislative

Read the untranslated law here: http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=364085

Parliament adopts this organic law.
Art. I. - Law no. 235 of 1 December 2011 on accreditation and conformity assessment (Official Gazette of the Republic of Moldova, 2012, no. 46-47, art. 136) is amended and supplemented as follows:
1. The preamble of the law be excluded.
2. In Article 1 (1), the word "placement" is replaced by "making available".
March. Article 2:
after the term "multilateral agreement" introduces a new definition as follows:
"ACE Agreement - Agreement on Conformity Assessment and Acceptance of Industrial Products Protocol to the Association Agreement between the Republic of Moldova, on the one part, the European Union and the European Atomic Energy Community and its Member States, on the other hand; "
after the term 'accreditation' introduces a new definition as follows:
" economic agent - manufacturer representative authorized importer and distributor; "
after the concept of 'attestation' introduces a new definition as follows:
" market surveillance authority - central specialized bodies or their subordinate administrative authorities are empowered, within its with the implementation of state policy in the field of market surveillance; "
concept of 'essential requirements', the words' requirements stipulated by national technical regulations to ensure national security, harmlessness" is replaced by "requirements that are stipulated by national technical regulations transposing Community legislation harmonizing and ensuring national security and safety ";
Concept of 'declaration of conformity ", the word" supplier "is replaced with the words" manufacturer or authorized representative ";
Term "supplier" is excluded;
After the term "test" introduce two new concepts as follows:
"Community harmonization legislation - any Community legislation harmonizing the conditions for the marketing of products;
CE - marking by which the manufacturer indicates that the product complies with the applicable requirements set of technical regulations providing for its affixing; "
after the term" conformity assessment body "shall be inserted two new notions follows :
"notified conformity assessment body - conformity assessment body recognized by the regulatory authority for activities in the area covered, which were officially notified the European Commission and Member States of the European Union;
Recognized conformity assessment body - conformity assessment body accredited by the accreditation body or accreditation body signatory to the Multilateral Recognition Agreement with European Cooperation for Accreditation (EA MLA) and recognized by the Regulatory Authority ".
4. Article 6 (1) the words "or by a Member State of the European Union" are excluded.
May. In Article 8, paragraph (3) shall be supplemented by the letters h) and i) as follows:
"h) to publish the results of the peer evaluations, the results of accreditation of conformity assessment bodies, including accreditation border;
i) disclose confidential information about a specific conformity assessment body only with his written consent, unless the law provides that such information may be disclosed without such consent. "
June. Article 9:
to (1) the words "Until 10 September each year, the income and expenses" are replaced by "Within 30 days after the approval of the state budget estimate costs";
(3) in the end the words: "The cost set at the initiation stage of the accreditation process can be changed depending on the time actually used that coordinates with the conformity assessment body."
July. Article 10:
in paragraph (1), the words "act on public basis" is replaced by "is an organization active on a voluntary basis and decisions are recommendations";
(4):
letter a) shall read as follows:
"a) examine and submit proposals on policies and rules of accreditation;"
in point b), after the word "examine "the words" and submit proposals on ";
Letter c), after the word "examine" the words "and submit proposals on";

Letter e) shall be repealed;
Points f), g) and j), the word "endorse" is replaced by "examine and submit proposals on".
August. Article 11:
(2) reads as follows:
"(2) The appeal shall be examined by a Board of Appeal established ad hoc by the Director of the National Centre of Accreditation. The appeal is examined according to the procedure of consideration of appeals, developed based on the requirements of the reference standard. "
Article is completed with paragraph (21) as follows:
" (21) Regulation Board of Appeal shall be developed and approved the National Accreditation Centre. "
September. Article 12 (4), the word "determined" is replaced by "set out in the referenced standard."
10. Article 14 is completed with paragraph (21) as follows:
"(21) National Accreditation Centre may be registered foreign conformity assessment body in the following cases:
a) state when the body is established conformity assessment decided not to establish a national accreditation body and has not resorted to the national accreditation body of another state;
B) when the national accreditation body of the foreign state is established conformity assessment body do not perform accreditation in connection with the conformity assessment activities for which accreditation is sought;
C) when the national accreditation body of the foreign state is established conformity assessment body has not passed the peer assessment of conformity assessment activities for which accreditation is sought. "
11. Law is supplemented by Chapter IV1 follows:

"Chapter IV1RECUNOAŞTEREA the notification

Article 141. The general provisions on the recognition
conformity assessment bodies

notification purposes (1) Recognition of the notification of the proceedings which is attesting conformity assessment bodies entitled to perform the conformity assessment procedures in that field.
(2) can be recognized conformity assessment bodies performing conformity assessment activities provided by the technical regulations.
(3) Where Community harmonization legislation requires conformity assessment to be conducted by conformity assessment bodies notified to the Commission and the Member States of the EU authorities with regulatory functions are responsible for carrying out the necessary procedures for evaluating recognition and, where appropriate, notification of conformity assessment bodies and the monitoring of recognized organizations and, where appropriate, notified. In this case, the authorities responsible for regulatory authorities assigned the notification of the entry into force of the Agreement on the ACE for the regulated bodies have been recognized. Where such an agreement is not concluded, notify the authorities responsible for regulatory bodies recognized by the date of Moldova to the European Union.
(4) Authority regulatory functions recognize and subsequently notified conformity assessment bodies that are accredited under this law and meet the requirements of the technical regulations.
(5) conformity assessment bodies recognize each technical regulation transposing Community harmonization legislation providing for notification of conformity assessment bodies.
(6) Regulatory Authority officials recognize the orders of its leader, conformity assessment bodies and then notify those bodies. Orders updated whenever necessary.
(7) recognition orders issued for the notification must contain mainly the following:
a) references to technical regulation transposing Community legislation under which the harmonization and conformity assessment bodies subject to recognition are to carry out conformity assessment activities;
B) information on the full name, office address and contact details for each body that is recognized;

C) specific conformity assessment tasks that each recognized organization has the right to charge to the application of Community legislation harmonizing the technical regulation and transposing this legislation, including products or groups of products whose evaluation can be performed by him as a recognized body and subsequently notified.
(8) Accreditation certificates issued by national accreditation bodies signatories to the Multilateral Recognition Agreement with the European Cooperation for Accreditation, which passed the peer evaluations, are recognized and accepted by the authorities with regulatory functions.
(9) After the entry into force of the Agreement ACE where conformity assessment activities provided by technical regulations transposing the Community harmonization legislation are not included in the areas of competence for the National Accreditation Centre supported successful peer evaluation, supports regulatory authority responsible for the accreditation certificates issued by accreditation bodies that have passed peer evaluation of conformity assessment activities concerned.
(10) National Accreditation Centre develop accreditation schemes in the area covered by the authority jointly with the respective regulatory functions. To this end, National Accreditation Centre identifies conformity assessment activities for which it is competent to perform accreditation, making reference to technical regulations transposing the Community harmonization legislation.
(11) National Accreditation Centre to inform the regulatory functions of the decision granting, extending, suspending, reducing, withdrawing accreditation within 5 working days of its adoption.
(12) recognized conformity assessment body sends to the regulatory function, every year, until February 1, a written report on activity in the previous calendar year. The annual report contains information on:
a) the conformity assessment activities, performed within the scope it has been recognized;
B) any refusal, restriction, suspension or withdrawal of certificates of compliance, accompanied by reasons;
C) appeals and complaints received, including information on how to resolve them;
D) difficulties encountered in carrying out the measures taken and / or which he proposes for improvement;
E) subcontracted activities, subcontractors, measures and / or you propose to improve these activities;
F) requests from market surveillance authorities regarding conformity assessment activities;
G) participation in assessment personnel information or information on standardization activities in the field has been recognized.
(13) Authority regulatory functions at the request of the European Commission presented its information on the process that led to the decision notification or the maintenance of the conformity assessment body's competence in question.
(14) Recognition and expanding recognition of conformity assessment bodies in the area covered is done free of charge.
Article 142. Powers authorities function
regulatory
In recognition to the notification, the regulatory authorities responsible for the following duties:
a) establish the technical regulations, the notification criteria for recognition of conformity assessment bodies within the limits of Art. 16;
B) recognize accredited conformity assessment bodies for activities in the area covered within the present law;
C) ensure objectivity and impartiality in making decisions on recognition of conformity assessment bodies;
D) provides decision on recognition of conformity assessment body by another person than the one who participated in the assessment;
E) ensure confidentiality of information obtained, except for information that affects national security, life and health protection and environmental protection; provide information about conformity assessment body when the legislation so provides;
F) has personnel for the proper performance of their duties for the purpose of recognition;

G) participate in the accreditation process as observers and monitors, together with the National Accreditation Centre, conformity assessment bodies which have been accredited and recognized.
Article 143. Recognition and extending recognition

conformity assessment bodies (1) for the purpose of recognizing activity in the area covered, the conformity assessment body addressed to the National Accreditation Centre, along with the request for accreditation, an application for recognition or extending recognition.
(2) National Accreditation Centre, within 5 working days from the granting of accreditation, submit regulatory authority responsible for the original extension request for recognition or recognition, accompanied by copies of the documents on file.
(3) file include:
a) evaluation report for recognition or recognition enlargement, drawn up by the National Accreditation Centre after granting accreditation or extension of accreditation;
B) the decision of accreditation or extension of accreditation, adopted by the National Accreditation Centre;
C) accreditation certificate attesting that the conformity assessment body meets the requirements of technical regulations transposing the Community harmonization legislation, including the annex / annexes thereto, issued by the National Accreditation Centre;
D) list of personnel of the conformity assessment body;
E) list of equipment conformity assessment body, as applicable;
F) the list of outsourced activities, as appropriate.
(4) copies of the documents will be numbered and will be signed by the head of the National Accreditation Centre.
(5) If the dossier sent to the authority regulatory functions is compiled with deviation from par. (3), it shall notify in writing the National Accreditation Centre about receiving incomplete information indicating the date on which the file was received.
(6) The documents presented for recognition or recognition expansion are under consideration by the authority with regulatory functions that create commission recommendation recognition. Regulation and the commission is approved by the authority with regulatory functions.
(7) Examination of documents submitted for recognition or recognition and expansion decision is made within 15 working days before the date of receipt of recognition or extension file recognition.
(8) After examining the documents submitted, the regulatory authority responsible for issuing the order to grant or, where appropriate, extending recognition.
(9) If, within the period specified in par. (7) of this article has not been issued an order granting or, where appropriate, extending the recognition and was not expressed refusal of recognition or extension, the principle of tacit approval under Law no. 235-XVI of 20 July 2006 on the basic principles of regulation of entrepreneurial activity.
(10) The recognition or extension shall be granted recognition on the validity of the accreditation certificate.
(11) inform the Authority regulatory functions National Accreditation Centre's decision to grant or extend the recognition of conformity assessment body or refusal of granting or extending recognition on the ground for refusal, within 5 days working prompt the decision.
(12) Information on recognized conformity assessment bodies include the National Accreditation Centre in the register of recognized conformity assessment bodies, which is managed by the National Accreditation Centre and can be accessed on its official web .
(13) The list of conformity assessment bodies recognized, with specific tasks for which they have been recognized, administered by the National Accreditation Centre and published in the Official Gazette of the Republic of Moldova.
Article 144. The suspension, restriction or withdrawal
recognition of assessment bodies

conformity (1) In order suspension or withdrawal of recognition sparse, National Accreditation Centre presents the regulatory authority responsible for copies of the following documents:

A) evaluation report to the suspension or withdrawal of recognition rollback, compiled by National Accreditation Centre during the supervision of the evaluation or unplanned recognized conformity assessment body;
B) decision suspending, reducing or withdrawing accreditation adopted by the National Accreditation Centre.
(2) Copies of the documents will be numbered and will be signed by the head of the National Accreditation Centre.
(3) National Accreditation Centre present the documents under par. (1) within 5 working days of the decision suspending, reducing or withdrawing accreditation.
(4) regulatory authority to suspend recognition functions in the following cases:
a) upon recognized conformity assessment body;
B) recognized conformity assessment body has been suspended in accordance with decision to suspend the accreditation of accreditation adopted and presented by the National Accreditation Centre;
C) if, by decision of the authority with regulatory functions, there was misuse of the status of recognized conformity assessment body (including in connection with incorrect references to the certification system, certificates or marks, as well as those advertising, catalogs, etc.);
D) if regarding conformity assessment body has been issued by the court decision on bankruptcy insolvency under the insolvency law no. 149 of 29 June 2012 or if it was open liquidation proceedings under the Civil Code, in both cases under the extract from the State Register of Legal Entities.
(5) regulatory authority to restrict recognition functions in the following cases:
a) upon recognized conformity assessment body;
B) recognized conformity assessment body has demonstrated competence for part of the accredited under the accreditation of restricting decision adopted and presented by the National Accreditation Centre.
(6) The functions shall withdraw recognition if:
a) upon recognized conformity assessment body;
B) if conformity assessment body recognized accreditation has been withdrawn according to the decision to withdraw the accreditation adopted and presented by the National Accreditation Centre;
C) whether the work recognized conformity assessment body has ceased due to its deletion from the State Register of Legal Entities.
(7) The regulatory functions suspend, restrict or withdraw recognition of conformity assessment body by issuing that order.
(8) In the case under para. (4) c) of this Article, the authority to suspend recognition of regulatory functions in accordance with art. 17 of Law no. 235-XVI of 20 July 2006 on the basic principles of regulation of entrepreneurial activity.
(9) If turning off non-conformities detected that caused the suspension of recognition, its suspension may be lifted by order of the authority responsible for the regulation, issued after the presentation of evidence on the closure of non-compliance, or, in the case under par. (4) c) after the adoption of appropriate decisions by the court.
(10) suspension or withdrawal of recognition results in closure of conformity assessment in the field. Documents issued after the suspension or withdrawal of recognition are considered void. Conformity assessment body responsible, under the Contravention Code for documents issued after suspension or withdrawal of recognition.
(11) The suspension, restriction or withdrawal of recognition of conformity assessment body does not affect the test reports or certificates of conformity issued by it before the date on which the decision on suspension, restriction or withdrawal of recognition.
(12) In the event that recognized conformity assessment body has ceased its activity, it will ensure the surrender by another organization in the field of document and record the assessments undertaken or in progress during the it was recognized by notifying authority with regulatory functions in relation to this, or will provide the authority with regulatory functions and market surveillance authorities at their request.

(13) inform the Authority regulatory functions National Accreditation Centre on the decision to suspend, lift the suspension, restriction or withdrawal of recognition of conformity assessment body within 5 working days of its adoption. "
12. Article 15:
in paragraph (2) the words "regardless of whether mandatory or voluntary," substitute the words "in the field covered";
Article is completed with paragraph (3) as follows:
"(3) The assessment of product conformity with the essential requirements is achieved by applying, as the manufacturer of one of the conformity assessment procedures provided for by the applicable technical regulation . "
13. Article 16:
title of the article reads as follows:
"Article 16. Requirements for assessment bodies
accredited conformity ";
(1)
a) is in the end the text ". If recognized conformity assessment bodies and, where appropriate, notified areas covered, referred to in Annex. 3, which is an integral part of this Law, notified bodies meet the requirements laid down by Community harmonization legislation and technical rules implementing that law; "
point b) is in the end the words" or as a representative authorized any of these parties ";
Point d) is in the end the words "including to ensure access to all necessary equipment or facilities";
Paragraph is completed with the letter f1) as follows:
"f1) for certification bodies and inspection, to use the test results issued by accredited test laboratories when subcontracts laboratories;"
(2)
is completed with the letter e1) as follows:
"e1) require accreditation from the national accreditation body signatory to the Multilateral Recognition Agreement with European Cooperation for Accreditation if National Accreditation Centre has no power to provide services accreditation required in accordance with Annex regulated. 3; "
paragraph is completed with the letter h) as follows:
" h) require the manufacturer in conformity assessment, access to the workplace and the quality system documentation and perform both announced and unannounced visits evaluation if required. "
article is supplemented by paragraphs (3) - (9) as follows:
" (3) conformity assessment body performs conformity assessment procedure in proportion, considering the company's size, scope of work, its structure, the degree of complexity of the product technology and the mass or serial nature of the production process. Meanwhile, the conformity assessment body complies with the degree of rigor and level of protection required for product compliance with technical regulations applicable to the product.
(4) Where the conformity assessment body finds that the requirements of the technical regulations applicable to the product of European harmonized standards adopted as Moldovan standards or technical specifications are not met by the manufacturer, it shall require the manufacturer to take appropriate corrective measures and shall not issue a certificate of conformity.
(5) If, during the monitoring of conformity following the issue of the certificate of conformity assessment body finds that a product no longer complies with applicable requirements, it shall require the manufacturer to take appropriate corrective action and, where necessary, suspend or withdraw the certificate.
(6) If corrective measures are not taken or do not have the required effect, conformity assessment body restrict, suspend or withdraw the certificate issued by it.
(7) recognized conformity assessment body responsible for the regulatory authority inform about:
a) any refusal, restriction, suspension or withdrawal of certificates;
B) circumstances affecting the scope and terms of recognition by the authorities with regulatory functions;
C) any request for information on conformity assessment activities have received from market surveillance authorities;

D) the conformity assessment activities, performed within the scope of recognition for notification and any other activity performed, including cross-border and subcontracting.
(8) conformity assessment body cooperates with other conformity assessment bodies with functions similar to conformity assessment and covering the same products, providing relevant information regarding the negative results of conformity assessments and, upon request, regarding positive results of conformity assessments.
(9) conformity assessment bodies participating in information or ensure that their assessment personnel is informed of the relevant standardization activities of its field of activity. "
14. Article 17 (1) reads as follows:
"(1) Conformity assessment is done on a voluntary basis through certification, inspection, testing or combinations thereof, and not required by the technical regulations."
15. Article 18:
in paragraph (1), the words "which is an integral part of this Law," and the word "essential" are excluded;
In paragraph (4):
in the introductory part, the words "essential requirements by applying the following procedures" is replaced with the word "by";
Point d) shall be repealed;
Article is completed with paragraph (7) as follows:
"(7) If the technical regulation imposes carry out conformity assessment of a particular product involving compulsory third party manufacturer may choose between modules insurance quality and product certification modules. "
16. Article 19:
in paragraph (1), the word "move" is replaced with the word "introduced";
(2) reads as follows:
"(2) The declaration of conformity issued by the manufacturer or his authorized representative if the task is set out in the mandate received from the manufacturer. By drawing up the declaration of conformity, the manufacturer shall assume responsibility for product compliance. "
Article is completed with paragraph (21) as follows:
" (21) Where Community harmonization legislation requires the manufacturer to declare that demonstrated that the requirements relating to a product, the requirements are applicable technical Regulations shall Scheduled for transposing Community legislation respectivǎ. "
(3) reads as follows:
" (3) the issuer of a declaration of conformity (person natural or legal) its object is responsible for compliance with the essential requirements according to technical regulations transposing the Community harmonization legislation. "
(6):
letter g) reads as follows:
" g) the name and number recognized conformity assessment body / notified if involved in conformity assessment and issued certificate number and the description of its intervention; "
paragraph is completed with the letter h) as follows: | || 'h) to identify the elements specified in the relevant modules. "
to (8), the words" with control bodies "shall be substituted with the words" market surveillance authorities ";
(10) reads as follows:
"(10) The technical documentation is drafted by the manufacturer. This allows assessment of conformity with the essential requirements of the applicable technical regulations and include an adequate analysis and risk assessment. "
(11) - (14) is repealed.
17. Article 20:
in the title of the article and paragraph (1), the word "compliance" is excluded;
To (4), the word "trademark" is replaced with the word "tags";
(7) reads as follows:
"(7) are not subject to certification products intended for exhibitions, fairs and other publicity actions as exhibits, models, advertising materials."
18. Article 21:
in paragraph (2) the words "control functions" is replaced by "market surveillance";
To (6), the words "on behalf of the state," is replaced by "the market surveillance authorities, then."
19. Article 23:
in the article title, the word "brand" is replaced with the word "mark";
(1) and (2) shall read as follows:

"(1) Products subject to conformity assessment in the regulated area, before placing them on the market and / or prior to use, will be marked by the manufacturer with the conformity marking SM, whether technical regulation provides for such a marking. Marking the product with the SM mark indicates compliance with the essential requirements established by the applicable technical regulation transposing Community harmonization legislation. Conformity marking SM applies only by the manufacturer or his authorized representative.
(2) The conformity marking SM applicable principles and rules established according to art. 231. The graphical presentation and size conformity marking SM are described in Annex. 4, which is an integral part of this Law. "
In paragraph (3), the word" brand "is replaced with the word" mark ";
To (4), the word "trademark" is replaced with the word "tags" and the word "brand" - the word "bookmark".
20. Law is supplemented with Article 231 as follows:
"Article 231. The general principles and rules

to CE marking (1) The CE marking applies only to areas covered under the Schedule. 3. Until the entry into force of the Agreement ACE or until the date of Moldova's accession to the European Union, where such an agreement is not concluded, conformity marking SM applies provided for in Art. 23. In this transitional period, the CE mark is recognized under Art. 31 para. (11).
(2) The CE marking applies only by the manufacturer or his authorized representative. CE graphical presentation and dimensions are contained in Annex. 5, which is an integral part of this Law.
(3) CE marking applies only to products to which its affixing is provided technical regulation and does not apply to any other product.
(4) that applied or has affixed the CE marking, the manufacturer indicates that he takes responsibility for the product complies with all applicable requirements.
(5) marking is the only marking that indicates conformity with the applicable requirements.
(6) The affixing on products of markings, signs or inscriptions which are likely to mislead third parties as to the meaning and / or form of the CE marking. Any other marking may be affixed to the product only on condition that, through its implementation, will not be affected visibility, legibility and meaning of the CE marking.
(7) The CE marking is affixed visibly, legibly and indelibly to the product or its data plate. If this is not possible or justifiable reasons related to the nature of the product, it shall be affixed to the packaging and accompanying documents, where the legislation concerned provides for such documents.
(8) shall apply CE marking before placing the product on the market. CE marking can be followed by a pictogram or any other mark indicating a special risk or use.
(9) The CE marking is followed by the identification number of the notified body where such body is involved in the control of production. Identification number of the notified body shall be affixed by the body itself or, under its instructions, by the manufacturer or his authorized representative. "
21. Article 24:
in the article title, the word "brand" is replaced with the word "markings"
In paragraph (1), the word "brand" is replaced with the word "Bookmark" and the word "brand" - the word "mark";
In paragraph (2), the word "trademark" is replaced with the word "tags" and the words "can be applied to trademark" - the words "marks can be applied";
In paragraph (3), the word "brand" is replaced with the word "Bookmark" and the word "brand" - the word "mark";
To (4), the word "brand" is replaced with the word "bookmark".
22. The title of Chapter VI reads as follows:

"Chapter VIINTRODUCEREA and making available products on the market."

23. Article 25 reads as follows:
"Article 25. The conditions for introducing and implementing
available products on the market

(1) Introduce and / or making available products on the market in the field of dispute settlement under Annex. 3 shall be performed in accordance with this Law and the requirements of the applicable technical regulations. The products are introduced and / or make available on the market only if they satisfy essential requirements to provide an adequate level of protection of public interests such as health and safety in general, health and safety at work, consumer protection, environmental protection and security, compliance with international principles of free movement of goods in domestic trade and international law, and only if they are accompanied by documentation demonstrating compliance. The person responsible for opening and / or making available products on the market is the trader who perform entrepreneurial activity.
(2) Businesses are responsible in relation to the roles and obligations of technical regulations transposing the Community harmonization legislation, which they have in introducing and making available products on the market for their products comply with all applicable technical regulations.
(3) Businesses are also responsible for ensuring that all information they provide with regard to their products are accurate, complete and in compliance with technical regulations transposing the Community harmonization legislation.
(4) The products in the areas included in Annex. 3 is evaluated based on the essential requirements laid down for such products in the applicable technical regulations.
(5) The products in the areas included in Annex. Three essential requirements laid down for such products in the applicable technical regulations may be attested by certificates of conformity certificates and / or inspection reports by test reports issued by bodies accredited conformity assessment and by affidavit issued by the manufacturer or his authorized representative. "
24. Article 26:
(1):
in the introduction, after the word "manufacturer" the words "the placing on the market of products";
Letter d) the words' supporting documentation and declaration of conformity "are replaced with the words" technical documentation and declaration of conformity for a period determined by the applicable technical regulation product ";
Letter e) the words "control functions" is replaced by "market surveillance";
Paragraph is supplemented by the letters g) and h) as follows:
"g) ensure that its products bear a type, batch or serial number or other identifier. If the size or nature of the product does not allow it, the manufacturer shall ensure that the required information is provided on the packaging or in a document accompanying the product;
H) indicates the product or, where this is not possible on the packaging or in a document accompanying the product, its name, its name, registered trademark or registered trademark and the address at which he can be contacted. Address indicate a single point of contact with the manufacturer. "
Article is completed with paragraph (11) as follows:
" (11) If the product shown to comply with the requirements applicable to the assessment procedure conformity, manufacturers draw up a declaration of conformity and affix the CE marking of conformity. "
in paragraph (2), the word" related "is replaced with the words" harmonized European standards adopted as Moldovan "
In paragraph (4) the words "control functions" is replaced by "market surveillance";
Article is completed with paragraph (5) as follows:
"(5) The manufacturer of the product complies with the requirements applicable technical regulations transposing the Community harmonization legislation."
25. Article 27 (2) a) and b) the words "control functions" is replaced by "market surveillance".
26. Article 28:
to (1) the words' bodies with control functions "is replaced by" market surveillance authorities ";
(2) - (5) shall read as follows:

"(2) The importer places on the market only products which comply with the essential requirements pursuant to the manufacturer's technical documentation provided for in Article 19 paragraph. (9). The technical documentation will be translated into the official language by a translator authorized by the Ministry of Justice at the request of the market surveillance authorities.
(3) Import Products are based delivery contract, indicating the mandatory requirements of the technical regulations applicable to imported products. The importer shall indicate on the product or, if this is not possible on the packaging or in a document accompanying the product, its name, its name, registered trademark or registered trademark and the address at which he can be contacted.
(4) The importer shall, at the request of the market surveillance authority, information and documentation necessary to demonstrate the conformity of the product placed on the market with the essential requirements and cooperate with that authority, at its request, on any action taken to eliminate risks posed by products which they placed on the market.
(5) Before placing a product on the market, the importer shall ensure that the manufacturer has complied with the requirements of Art. 26 para. (1) g) and h) and the appropriate conformity assessment procedure. The importer shall ensure that the product is accompanied by instructions and safety information in the state language. "
(8) reads as follows:
" (8) The importer shall keep a copy of the declaration of conformity in the cycle product life and level of risk, and ensure that the technical documentation can be made available to the market surveillance authorities on request, according to the applicable technical regulations. "
at (10) the words' function control "is replaced by" market surveillance ";
At (11) the words 'or vendor' are excluded.
27. Article 29:
(2) in the end the text ", if the product bearing the mark or marks of conformity provided technical regulations and the manufacturer and the importer have complied with the requirements of Art. 26 para. (1) g) and h), respectively art. 28 para. (3)";
In paragraphs (4), (5) and (6) the words "control functions" is replaced by "market surveillance";
Article is completed with paragraph (7) as follows:
"(7) Distributor, upon reasoned request from market surveillance authority, provide it with all the information and documentation necessary to demonstrate product compliance. Distributor cooperate with that authority, at its request, on any action to eliminate the risks posed by products available on the market. "
28. Article 31:
in paragraph (1), the words "accredited by Accreditation" is replaced by "notified accredited by national accreditation bodies";
Article is filled with (11) and (12) as follows:
"(11) Recognition in para. (1) requires that the presence of CE and markings set of technical regulations applicable to the product demonstrates that it has undergone the procedures for assessing conformity and, consequently, when the product is placed or made available on the market, it is not necessary to repeat conformity assessment procedures already carried out.
(12) Para. (1) and (11) shall apply without prejudice to Community harmonization legislation, in accordance with the obligations arising from the agreements concluded between the Republic of Moldova, on the one hand, and the European Union and its Member States, on the other hand. "
29. Article 32 reads as follows:
"Article 32

(1) This law is consistent with Chapter I "General Provisions" Chapter II "Accreditation" and Chapter IV "CE" in Regulation (EC) No. 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No. 339/93 (Text with EEA relevance) published in the Official Journal of the European Union L 218 of 13 August 2008, Articles 1-6 and Annex. I - R1 section "Definitions" chapter R2 "Obligations of economic operators" chapter R3 "product conformity" and Chapter R4 "Notification of conformity assessment bodies" - of Decision no. 768/2008 / EC of the European Parliament and of the Council of 9 July 2008 on a common framework for marketing of products and repealing Decision 93/465 / EEC (Text with EEA relevance) was published in the Official Journal of the European Union L 218 of 13 august 2008 and sets the legal framework for the implementation of the European standard EN ISO / IEC 17011.
(2) on Moldova's accession to the European Union conformity assessment bodies performing conformity assessment in the fields specified in Annex no. 3 will be designated and notified to the European Commission under national legislation harmonized with European legislation in question. "
30. Annex. 1 reads as follows:
Annex 1


31. Annex. 3 is supplemented with positions 29 and 30 as follows:
"29. Pyrotechnic
30. Energy labeling ".
32. Law is supplemented by annexes. 4 and no. 5 as follows:

"Annex. 4



The CE conformity marking SM






Annex. 5


CE



1. The CE marking consists of the initials "CE" having the following form:




2. If the CE marking is reduced or enlarged respecting the proportions indicated in the graduated drawing in paragraph 1
March. Where legislation does not impose specific dimensions, the CE marking shall have a height of at least 5 mm. "
Art. II. - Annex to Law no. 160 of 22 July 2011 regulating the licensing of entrepreneurial activity (Official Gazette of the Republic of Moldova, 2011, no. 170-175, art. 494), as amended, is amended and supplemented as follows:
to section "Ministry of Economy", item 4 reads as follows:






4


Order on recognition of conformity assessment bodies


free


Depending on the validity of accreditation





Section "Ministry of Agriculture and Food Industry" is filled with position 34 as follows:






34


Order on recognition of conformity assessment bodies


free


Depending on the validity of accreditation






Section "Interior Ministry" is filled with position 23 as follows:






23


Order on recognition of conformity assessment bodies


free


Depending on the validity of accreditation





Section "Ministry of Transport and Roads Infrastructure" is filled with item 9 as follows:






9


Order on recognition of conformity assessment bodies


free


Depending on the validity of accreditation





Section "Ministry of Regional Development and Construction" is filled with 5 position as follows:






5



Order on recognition of conformity assessment bodies


free


Depending on the validity of accreditation





Section "Ministry of Health" is filled with 5 position as follows:






5


Order on recognition of conformity assessment bodies


free


Depending on the validity of accreditation





Section "Information Technologies and Communications Ministry / State Enterprise" Radiocommunications "" is filled with position 2 as follows:






2


Order on recognition of conformity assessment bodies


free


Depending on the validity of accreditation





Section "Ministry of Environment" is filled with position 13 as follows:






13


Order on recognition of conformity assessment bodies


free


Depending on the validity of accreditation





Art. III. - Article 348 of the Contravention Code of the Republic of Moldova no. 218-XVI of 24 October 2008 (Official Gazette of the Republic of Moldova, 2009, no. 3-6, art. 15), as amended, is amended and supplemented as follows:
in point a), after the word "under" the words "or reports of attempts";
Letter d) shall read as follows:
"d) issuing certificates of conformity and / or reports of attempts after the expiry of the accreditation or recognition granted by the regulatory authority or after suspension or withdrawal of recognition ; ".
Art. IV. - (1) This Law shall enter into force on its publication, except for Article I, Section 16 in respect of the repeal of paragraphs (11) - (14) of Article 19 and section 26 in respect of the exposure in the newsroom new paragraphs (2) - (5) and (8) of Article 28, which shall be implemented from the entry into force of Law no. 7 of February 26, 2016 on market surveillance relating to the marketing of non-food products.
(2) The Government, within 18 months from the date of entry into force of this law:
- will submit proposals on bringing existing legislation into conformity with this law;
- Bring its legislation in line with this Law.