On National Standardization

Original Language Title: cu privire la standardizarea naţională

Read the untranslated law here: https://www.global-regulation.com/law/moldova/5965949/cu-privire-la-standardizarea-naional.html

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Parliament adopts this organic law.


GENERAL Chapter IDISPOZIŢII
Article 1. Scope and enforcement
This law applies to national standardization activities and establishes the legal framework for the organization. Article 2. Basic

In this law the following terms mean:
application of a standard - the standard used in production, services, trade, public procurement, market surveillance activities and other areas;
A standard public inquiry - providing a sufficient time for consideration of a standard or draft standard by interested parties may submit comments and suggestions written on them in order to establish consensus;
According to a standard - fulfilling all the requirements of a standard;
Document standards - technical specification other than a standard adopted by a standardization body for repeated or continuous application and with which compliance is not compulsory;
National Fund standards - all standards and other standardization documents Moldovan, European, international, interstate and other countries held national standardization body;
Quality infrastructure - to entities engaged in standardization, metrology, conformity assessment and accreditation;
Standards body - carries standardization body recognized at national, regional or international level, and which has the main function in accordance with its Statute, the development and approval or adoption of standards that are publicly available;
National standards body - recognized standardization body in the Republic of Moldova, empowered to join international organizations and regional national standardization appropriate;
Interested party - natural or legal person, including public authorities, which have an interest or concern in standardization, ie producers, consumer associations, associations or employers' organizations or trade unions, micro, small and medium enterprises, educational institutions, design, research, testing laboratories, certification bodies, market surveillance authorities and other interested individuals and legal entities;
National standardization program - work program of the national standardization body, which contains the list of topics on which standardization work;
Draft standard - document containing technical specifications concerning a given subject, which may be adopted in accordance with the rules of the national standards, the text is the result of preparation, and is distributed in order to submit comments or proposals or obedience investigation public;
Process - a set of interrelated or interacting activities, through which the product or service;
Product - any industrially manufactured product and any agricultural product, including fish products;
Service - any independent economic activity, normally provided for remuneration;
System - a set of interrelated or interacting elements;
Direct reference to standards - reference to standards in legislation and regulations that the only way to meet those conditions of a law is to be cited as reference standards;
Oblique reference to standards - reference to standards in legislation and regulations that one of the means to satisfy those conditions of a law is to be in accordance with those standards;
Dated reference standards - reference to standards in legislation and regulations by identifying one or more specific standards so that future revisions of these standards are applicable only in case of enactment;
Undated reference to standards - reference to standards in legislation and regulations by identifying one or more specific standards so that future revisions of these standards to be applied without requiring the need to amend the ordinance;
Technical Specification - document in which they are provided the technical requirements to be fulfilled by a product, process, service or system and which lays down one or more of the following:

A) the characteristics required of a product including levels of quality, performance, interoperability, environmental protection, health, safety or dimensions, including the requirements applicable to the product as regards the trade name, terminology, symbols, testing and methods testing, packaging, marking or labeling and conformity assessment procedures;
B) production methods and processes used in respect of agricultural products, products intended for human and animal consumption and medicinal products, as well as production methods and processes relating to other products, where they have an effect on their characteristics;
C) characteristics required of a service including levels of quality, performance, interoperability, environmental protection, health, safety, and requirements applicable to the provider as regards the information to be made available to the beneficiary;
D) methods and criteria for assessing the performance of construction products, laying down harmonized conditions for the marketing of construction products in relation to their essential characteristics;
ICT technical specification - technical specification in the field of information and communication technologies;
Standard - technical specification established by consensus, adopted by a recognized standardization body for repeated or continuous application, with which compliance is not compulsory;
Moldovan standard - standard approved or adopted by the national standardization body in the Republic of Moldova;
European standard - a standard adopted by European standards organization;
Harmonized standard - European standard adopted on a request from the European Commission to implement EU harmonization legislation;
International standard - a standard adopted by the International Organization for Standardization;
Interstate standard - standard adopted by the Euro-Asian Council for Standardization, Metrology and Certification;
Standard Moldovan conflict - Moldovan standard that is common domain implementing a European standard, international, interstate or other countries, which includes conditions inconsistent with the European standard, international, interstate or other countries;
Standardization - specific activity carried out by a recognized standardization body, which are developed, approved, adopted, revised, modified and canceled standards and other standardization documents;
National standardization - standardization that takes place in a country.

Article 3. Objectives of national standardization national standardization activity is activity of public interest and has the following objectives:
a) increasing the competitiveness of the national economy;
B) removing technical barriers to trade;
C) protection of human health and life, and the interests of consumers;
D) environmental protection and sustainable use of resources;
E) ensuring interchangeability and compatibility of products;
F) promoting successful innovation and technical progress;
G) facilitate the application of national law;
H) representation of national interests in international standardization, European and interstate. Article 4. The principles of national standardization

In the national standardization activity following principles apply:
a) Moldovan standards development and adoption by consensus of stakeholders;
B) participation of all stakeholders;
C) public availability of consistency and standards;
D) transparency and efficiency in standardization;
E) the application of the voluntary nature of Moldovan standards;
F) possible independence from any particular interest;
H) correlation Moldovan standards with evolution of legislation and the development of science and technology;
I) the rules of European standardization, international and interstate.
Chapter IISISTEMUL national standardization


Article 5. The national standardization body
(1) National Standardisation is achieved by the national standardization body.
(2) As a national standards body Standards Institute is recognized in Moldova.
(3) Institute for Standardization of Moldova is a public institution subordinated to the central specialized body of public administration responsible for quality infrastructure.

(4) Institute for Standardization of Moldova operates in accordance with this Law and Regulation of organization and functioning of the Institute for Standardization of Moldova, approved by the Government.
(5) Director of the Institute for Standardization of Moldova is appointed on a competitive basis, by order of the head of the specialized central body of public administration responsible for quality infrastructure.
(6) Director of the Institute for Standardization of Moldova must have Moldovan citizenship, have higher education and work experience in the field of quality infrastructure at least five years, including by administration of at least 3 years.
(7) The employment with the director of the Institute for Standardization of Moldova terminated by order of the head of the specialized central body of public administration responsible for quality infrastructure, in case of loss of citizenship or in other cases established by law.
(8) The duties of Director of the Institute for Standardization in Moldova are set out in Rules of organization and functioning of the Institute for Standardization of Moldova.
(9) The Government shall ensure that the Institute for Standardization of Moldova to have free space and financial resources for the proper performance of the duties of a national standards body at national, European, international and interstate.
Article 6. The main tasks of the body

national standards (1) The national standardization body has the following main responsibilities:
a) determining the rules of the national standards;
B) development, approval and implementation of national standardization program;
C) development and approval of Moldovan standards;
D) adopting European standards, international, interstate and other countries and adopting other standards documents as Moldovan standards;
E) periodic review, modification, revision, and cancellation reconfirmation Moldovan standards;
F) records Moldovan standards;
G) ensure public availability of information on Moldovan standards and other relevant publications on national standardization;
H) marketing standards;
I) creation, registration and coordination of technical standardization committees;
J) developing and publishing standards Bulletin and other publications in the field of national standardization;
K) participation in European standardization work, international and interstate;
L) represent the Republic of Moldova as a member of European organizations, international and interstate standards and fulfill its obligations as a member of the relevant organization;
M) collaboration in standardization standards bodies in other countries and other organizations;
N) participation in the exchange of information on standards and standardization systems in the European, international and interstate;
A) developing and maintaining national standards Fund;
P) providing secretarial work of the Council of standardization;
Q) services in the field of standardization;
R) approving, at the request of public authorities, draft legislation and regulations related to standards and standardization projects including lists of Moldovan standards that adopt harmonized European standards or lists of other Moldovan standards to which referenced in laws and regulations;
S) participation in standardization programs and projects financed by national, European, international or interstate;
T) to promote standards and standardization;
U) exercise, in relation to its primary purpose, any other duties stipulated by this law and other regulations.
(2) The national standardization body has the exclusive right for the exercise in para. (1) a) l) and n) -p).
(3) services provided in para. (1) h), j), q) and u), national standardization body has the right to cash payments.
(4) The nomenclature and tariffs for services rendered against payment in standardization by the national standards and methodology for calculating tariffs for services rendered by the national standards are approved by the Government. Article 7. The standardization


(1) Standards Council is under the national standards body, an advisory body on issues of strategy and development of national standardization.
(2) Standards Council is composed of representatives of interested parties. Council permanent member of standardization is a representative of the central body of public administration responsible for quality infrastructure.
(3) The constitution, organization, composition of the standardization, the selection and functional responsibilities of the members of the standards are defined in the rules of organization and operation thereof, which shall be developed and approved by the national standardization .
(4) Standards Board has the following main responsibilities:
a) participate in drafting national standards policy;
B) endorse the strategy papers to the national standardization activity;
C) endorse national standardization program;
D) approves the rules of the national standards;
E) hear annual reports on the work of the national standardization body;
F) other duties arising from this law and the rules of the national standards. Article 8. Technical Committees

standards (1) Standards Technical Committees are working structure of the national standardization body, created in various fields of national economy to achieve standardization activity at national, European and international interstate.
(2) technical standardization committees shall be constituted by the national standards body, on a proposal from interested parties. Participation in the standardization technical committee is open to all interested parties.
(3) The constitution, organization and operation of technical standardization committees shall be determined by the rules of the national standards.
(4) The main tasks of technical standardization committees are:
a) develop, modify, periodic review and revision of Moldovan standards;
B) make proposals on the adoption, annulment and replacement of Moldovan standards;
C) examine draft European standards, international and interstate;
D) examining European standards, international, interstate or other countries for adoption as Moldovan standards;
E) other duties arising from this law and the rules of the national standards. Article 9. Rules

national standards (1) The national standardization body sets rules for national standardization in accordance with the rules of European standardization, international and interstate.
(2) The rules of national standardization include:
a) the establishment, organization and functioning of standardization technical committees;
B) procedure and conditions for participation in national standardization stakeholders;
C) the participation in European standardization, international and interstate;
D) the development, approval, publishing, periodic review, implementation, review, modification and cancellation of Moldovan standards;
E) the adoption of European standards as Moldovan standards, international, interstate and other countries;
F) the manner and conditions of application of Moldovan standards, including standards canceled or replaced;
G) the filing of Moldovan standards;
H) other provisions concerning standardization.
(3) national standardization rules approved by order of the head of the national standardization and published on the official website of the national standardization body.
Chapter IIISTANDARDELE

MOLDOVENEŞTI AND THEIR APPLICATION Article 10. Moldovan standards

Moldovan standards are:
a) Moldovan standards developed in the Republic of Moldova and approved by the national standardization body;
B) European standards, international, interstate and other countries, Moldovan standards adopted by the national standardization body. Article 11. Drafting and approving


Moldovan standards (1) Moldovan standards are developed by technical standardization committees and approved by the national standardization body.
(2) The standards are developed in the Moldovan language.

(3) identify with the Moldovan standards callsign composed of SM logo, standard number and year of publication. SM logo means "Moldovan standard" and only applies Moldovan standards.
(4) Moldovan standards based on modern achievements of science and technology.
(5) projects placed Moldovan standards, for a period of 60 days, the official website of the national standardization body for public inquiry.
Article 12. Adoption of standards and other
European standardization documents,
international, interstate and other

countries like Moldovan standards (1) Standards and other documents of European standardization, international, interstate and other countries are implemented in Moldova by Moldovan standards adoption as national standards according to the rules and regulations established by standards organizations concerned.
(2) standards and other documents of European standardization, international, interstate and other countries are adopted nationally as Moldovan standards by one of the following methods:
a) development of state language version, which is publication of the standard in its state, assuring a high correlation identical technical content and form of presentation of both documents;
B) Confirmation tab, which is performed by standard reproduction and publication of a national title page;
C) notification, which is publication of a national adoption law and should contain at least call, title, year of issue of the standard, this standard provision that has achieved the status of standard and Moldovan date from which the standard is established as standard Moldovan.
(3) standards and other documents of European standardization, international, interstate and other countries, which were adopted as Moldovan standards, identify with the sign composed of SM logo, followed by the combination of letters and numbers that identifies those standards adopted and the year of adoption nationwide.
(4) standards and other documents of European standardization, international, interstate and other countries, Moldovan standards adopted by the confirmation sheet method or the method of notification until the publication of official state language version shall apply in the official version in the original language, with the exception of those referenced in regulations.
(5) If the adoption of standards and standardization documents other European, international, interstate or other countries, Moldovan standards conflicting canceled.
(6) The technical specifications of European information and communication technologies are adopted by national standardization body the Moldovan ICT technical specifications, at the request of any interested party.
(7) Moldovan standards approved or adopted by decision of the national standardization body. Article 13. To review periodically

standards Moldovan
(1) Moldovan standards are examined periodically to determine whether they can be continued. The result is Moldovan standards to periodic reconfirmation, modification, revision or cancellation.
(2) To review periodically Moldovan standards is carried out at least once every 5 years after approval or after the last reconfirmation, amendments or revisions. Article 14. Application

Moldovan standards (1) Application of Moldovan standards, except as provided in par. (2) and (3) is voluntary.
(2) Applying a Moldovan standard may become mandatory, in whole or in part, throughout the country or locally only through an act is made direct reference to this standard, where recitals public order, protection of life, health and human security, environmental and consumer interests require such a measure.
(3) Applying a Moldovan standard can become binding on the parties declaring compliance with this standard by contract, trademark, declaration, certificate or any other form.
(4) To declare conformity with Moldovan standard by contract, trademark, declaration, certificate or any other proof of legal ownership will be that standard.

(5) The right of official interpretation of the provisions of the standards is exclusively Moldovan national standardization body. Article 15. References

Moldovan standards (1) To facilitate enforcement, Moldovan standards can be used as references direct, indirect, dated or undated in legislative and normative acts.
(2) References to Moldovan standards in regulations, except as provided in Art. 14 para. (2) specify explicitly that the application of these standards is the recommended way, but without one, to demonstrate compliance with the relevant legislative acts.
(3) normative acts can only be made direct references to standards published in the Moldovan language.
Article 16. Public availability and dissemination

standards (1) Standards Moldovan, European, international, interstate and other countries, including their projects, scientific works are considered in the Law no. 139 of 2 July 2010 on copyright and related rights and are protected by copyright.
(2) The copyright belongs Moldovan standards national standardization body.
(3) Ensure compliance and recovery in Moldova copyright on European standards, international, interstate and other countries is carried out by the national standardization body in accordance with rules established by the respective standards organizations.
(4) Information on Moldovan standards and their summaries are public and are available on the official website of the national standardization body and in its publications.
(5) Moldovan standards, including those who are references in regulations, are available to the public through their commercialization.
(6) full or partial reproduction, multiplication and dissemination of Moldovan standards, European, international, interstate and other countries are allowed only if there is prior written agreement of the national standardization body.
(7) For full or partial reproduction, multiplication and dissemination of Moldovan standards, European, international, interstate and other countries, the national standardization body can charge fees according to art. 6 para. (4).


Chapter IVACTIVITATEA STANDARDS
Article 17. Planning the standardization
(1) Development and adoption of Moldovan standards program is carried out in accordance with national standards.
(2) The national standardization body shall annually national standardization program based on proposals stakeholders.
(3) national standardization program includes the following areas of national standardization activities:
a) drafting Moldovan standards;
B) adopting European standards, international, interstate and other countries as Moldovan standards;
C) changing, periodic review and revision of Moldovan standards.
(4) national standardization program will include sign and / or title of the standard proposed for development, modification, regular examination, review or approval, planned deadline for approving or adopting the standard, other relevant information as appropriate.
(5) The draft national standardization program is subject to public consultation for a period of 30 days, by publishing it on the official website of the national standardization body.
(6) national standardization program is approved by the Board of Standards and approved by the head of the national standardization body.
(7) approved the national standardization program is published on the official website of the national standardization and standardization Bulletin.
(8) approved national standardization program may be amended during the year whenever necessary, the procedure for development, approval and publication thereof.
(9) Any interested party may submit proposals to the national standardization formulation, amendment, revision or adoption of a standard Moldovan compliance with national standards.
Article 18. Participation in standardization
national, international, European
and interstate

(1) Any interested party in Moldova can participate in national standardization activity under the rules of the national standards.
(2) participation in European standardization, international and interstate is of public interest and is carried out by the national standardization body in accordance with rules established by the respective standards organizations.
(3) Any interested party in Moldova can participate through the national standardization, standardization of European, international and interstate with the rules of standardization.
(4) The national standardization body represents the Republic of Moldova, as a member of the following European organizations, international and interstate standards:
a) CEN - the European Committee for Standardisation;
B) CENELEC - European Committee for Electrotechnical Standardization;
C) ETSI - European Telecommunications Standards Institute;
D) ISO - International Organization for Standardization;
E) IEC - International Electrotechnical Commission;
F) EASC - Euro-Asian Council for Standardization, Metrology and Certification.
(5) The amounts required for payment of member of the European standardization organizations, international and interstate are expected distinct annually in the state budget.
Article 19. The central body of specialized
public administration responsible

quality infrastructure (1) central specialized body of public administration responsible for quality infrastructure is the Ministry of Economy.
(2) In the field of standardization, central body of public administration responsible for quality infrastructure has the following main responsibilities:
a) develop and promote national policy in the field of standardization;
B) provides, under regulations approved by this standardization activity monitoring, carried out by the national standardization body;
C) approves the income and expenditure of the national standardization body;
D) participate in standardization work of the Council by appointing a permanent member of its composition;
E) represent Moldova in official relations for collaboration in standardization in accordance with international treaties to which Moldova is a party;
F) provides the necessary measures to coordinate national and European Union policies in the field of standardization;
G) other duties arising from this law and other regulations.
Article 20. The role of public relations

with national standardization body (1) To ensure consistency between legislative and normative and Moldovan standards and policies to promote its fields of competence, public authorities participating in standardization work through representatives to technical standardization committees concerned.
(2) The public authorities are obliged to consult the national standardization body in the drafting of the legislation that make reference to Moldovan standards or related to national standardization.
(3) To implement the provisions of art. 12 para. (5) Public authorities shall cooperate with the national standards for identification and cancellation of Moldovan standards conflict.
(4) Public authorities shall cooperate with the national standards for implementing Moldovan standards in its fields of competence.
(5) Public authorities may propose, approval, adoption, amendment, revision or cancellation of Moldovan standards for the proper implementation of laws and policies to promote its fields of competence.
Chapter VFINANŢAREA standardization activities



Article 21. Sources of Financing Sources of financing standardization activities are:
a) the financial resources of the state budget;
B) revenues collected by the national standardization body, obtained from:
- payments received pursuant to Art. 6 para. (3);
- Donations, sponsorships and other legal sources;
C) resources projects financed from external sources. Article 22. Assignment of funds

financial sources of the state budget and revenues collected from the Institute for Standardization of Moldova is used to:

A) achieving national standardization program in respect of the adoption of European standards, international and interstate as Moldovan standards, including the publication of language version of their state;
B) maintaining the national standards body;
C) represent the Republic of Moldova, as a member of the European standardization organizations, international and interstate referred to art. 18 para. (4) including payment of member thereof;
D) drafting Moldovan standards in areas of interest to the national economy;
E) collaboration with standardization bodies of other countries;
F) developing and maintaining national standards Fund;
G) the development of information technology infrastructure for the national standardization work;
H) the promotion of standards and standardization;
I) implementation, certification and maintenance of the national standardization body in management systems according to European and international standards;
J) development of material and technical base of the national standardization body;
K) strengthening the institutional capacities of the national standardization body, including through training and fostering personnel;
L) other financing expenses necessary to align national standardization system at European and international level.
Article 23. The income and expenses
Institute for Standardization
Moldova
(1) The income and expenditure of the Institute for Standardization of Moldova is annually approved by the central body of public administration responsible for quality infrastructure, in compliance with this law.
(2) Institute of Standards Moldova presents specialized central body of public administration responsible for quality infrastructure budget execution reports on income and expenditure, as established by law.
(3) Funds from the state budget of the Institute for Standardization of Moldova is managed through the treasury system in accordance with legislation.
TRANSITIONAL AND FINAL Chapter VIDISPOZIŢII



Article 24 This Law is compatible with Articles 1, 2, 3, 4 par. (4), 7:17 and is partially compatible with the provisions of Articles 5 para. (1), 6, 13 and 15 of Regulation (EU) no. 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European Standardisation and amending Council Directives 89/686 / EEC and 93/15 / EEC and Directives 94/9 / EC, 94/25 / EC, 95 / 16 / EC, 97/23 / EC, 98/34 / EC, 2004/22 / EC, 2007/23 / EC, 2009/23 / EC and 2009/105 / EC of the European Parliament and the Council and repealing decision 87/95 / EEC and decision no. 1673/2006 / EC of the European Parliament and of the Council (Text with EEA relevance) published in the Official Journal of the European Union L 316 of 14 November 2012.

Article 25 Upon entry into force of this law Law repealed. 590-XIII of 22 September 1995 on standardization (republished in the Official Gazette of the Republic of Moldova, 2012, no. 99-102, art. 328).

Article 26 The Government within 6 months from the date of publication of this law:
- ensure renaming the National Institute of Standardization Institute for Standardization of Moldova;
- Bring its legislation in conformity with this law.