Concerning Market Surveillance With Regard To The Marketing Of Products Manufactured

Original Language Title: privind supravegherea pieţei în ceea ce privește comercializarea produselor nealimentare

Read the untranslated law here: http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=363991

concerning market surveillance with regard to the marketing of products manufactured



Published: 01.04.2016 in Official Gazette No. 79-89 art no: 146 date of entry into force: 01.04.2017 in order to create the legal framework necessary for implementing capitolelоr I and III of 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 with regard to the marketing of products and repealing Regulation (EEC) No 2092/91. 339/93, Parliament has adopted this organic law.


Chapter I.GENERAL PROVISIONSARTICLE 1 GENERAL Article. The scope (1) this Act establishes the legal framework for market surveillance with regard to non-food products to ensure that those products fulfil the essential requirements which provide a high level of protection of public interests, such as health and safety in general, health and safety at the workplace, protection of consumers, protection of the environment and security.
(2) this law shall apply to the products of the fields covered, referred to in the annex which forms an integral part of this law, subject to the applicable EC technical regulations transposing Community law harmonization and other products intended to be made available on the market, for which essential requirements as set out in the applicable technical regulations, with the exception of the products referred to in paragraph 1. 5. (3) this law shall not prevent market surveillance authorities to apply measures in accordance with the law. 422-XVI of 22 December 2006 concerning general safety of products.
(4) where international treaties to which Moldova is a party establish other than those of the Moldovan legislation regarding market surveillance, the provisions of international treaties.
(5) this Act does not apply to: a) foodstuffs;
b) feed for animals, plants and live animals;
c the products of human origin) and the products of plant and animal origin that are directly related to their future reproduction;
d) narcotic, psychotropic substances and precursors;
e) medical devices, active implantable medical devices, medical devices for in vitro diagnosis;
f) medicinal products for human and veterinary use;
g) cars, aircraft and equipment in the field of aviation;
h) services.
(6) the monitoring and control of products/services mentioned in paragraph 1. (5) is regulated by law.
(7) market surveillance applies to products assembled or manufactured for the manufacturer's own use where Community harmonisation legislation or any technical regulations transposing a provision applicable to these products.
In article 2. The notions of the present law, shall use the following notions: dangerous product, serious risk-within the meaning of law No. 422-XVI of 22 December 2006 concerning general safety of products;
Distributor, importer, marketing, Community harmonisation legislation, CE marking, the manufacturer, make available on the market, duly authorized representative-for the purposes of the law. 235 of 1 December concerning the activities of accreditation and conformity assessment;
collaborator, release for free circulation, the customs regime-within the meaning of the customs code of the Republic of Moldova nr. 1149-XIV of July 20, 2000;
-information system within the meaning of law No. 467-XV of November 21, 2003 on the informatization and the State information resources;
also, the following notions are defined as follows: trader-the manufacturer, his authorised representative, the importer and/or distributor;
market surveillance authorities-central specialized bodies or their subordinate administrative authorities empowered to implement, within the limits of the powers of the State policy in the field, market supervision according to this law;
the characteristics of the products (products)-the activity of market surveillance authority verification of the characteristics of a product through documentary, and, where appropriate, by taking and examining samples of products and conducting laboratory tests on the basis of appropriate samples;
examination of samples of products-Visual inspection of samples of products to determine compliance with the essential requirements laid down;
identification of products-products based on the examination of documents and/or organoleptic control, without application of the methods of testing, to determine their compliance with the type (model, item, change) specified in normative documents and/or departure;
Inspector-processor control, through delegation, to carry out checks for compliance with the provisions of legislative and normative acts, as well as the conformity of the products made available on the market with the essential requirements;
market monitor-the totality of the actions undertaken by the authorities to monitor the market, through continuous or routine analysis of certain information or evidence which characterize with probability of deviations from the provisions of the legislative acts and regulatory noncompliance and/or products made available on the market with the essential requirements, without interfering with the activity of economic units;
prescription-document issued under the control of the products in the event of the detection of infringements of the provisions of legislative and normative acts and/or non-conformity of the products introduced and/or made available on the market with the essential requirements in order to implement corrective measures and which is enforceable for the operator;
product-substance, preparation or good produced through a process of processing other than food, feed, living plants and animals, products of human origin and products of plant origin animal times are directly related to their future reproduction;
sectoral programme-a programme whereby the market surveillance authority shall conduct surveillance activities of the products within its jurisdiction and shall determine the categories of products or risks;
recall-any measure which aims to return a product that was already available to the end-user (consumer);
withdrawal-any measure which aims to prevent the implementation available on the market of a product in the distribution chain;
market surveillance-activities and measures implemented by market surveillance authorities to ensure that products are in conformity with the essential requirements applicable to it or that it does not endanger health, safety or other issues pertaining to the protection of public interests.
Article 3. The basic principles of market surveillance basic principles of market supervision are: a) proportionality corrective measures applied by the market surveillance authorities with the level of risk to the public interest;
b) objectivity, impartiality and competence of market surveillance authorities and the customs body carrying out market surveillance;
c) transparency market supervision, availability and transparency of information in this field;
d) coherence of actions of market surveillance authorities and the customs body and the interaction between them;
e) ineligibility of tenure of market surveillance by the conformity assessment bodies;
prevent duplication of functions f) of market surveillance authorities;
g) protecting the rights and interests of economic operators and consumers (users) in the context of market supervision;
(h) promoting market transparency and) raising awareness of the economic agents regarding their responsibility towards consumers (users) and partners;
I opposed discrimination of economic agents) and the prevention of unfair competition;
j) applying uniform measures of market surveillance, regardless of country of origin;
k) market supervision through systematic and planned activities, through the continuous improvement of their quality, through periodic analysis and assessment;
l) preventing conflicts of interests within the laboratory tests on the samples of products;
m) cooperation between the operators ensure, on the one hand, and the market surveillance authorities and the customs body, on the other hand;
n) supporting and encouraging voluntary actions of economic agents in accordance with their obligations under this Act and the obligations of compliance checks the product with the essential requirements laid down and/or with the General safety requirement;
protection of confidential information), obtained in the market supervision;
p) from applying sanctions for non-compliance with the essential requirements, compliance with the principle of proportionality between the size of the penalty and the harm caused by the violation.
Article 4. General provisions relating to market surveillance (1) market surveillance is carried out, on behalf of the State, the market surveillance authorities, in accordance with the law. The totality of the market surveillance authorities constitute a system of market surveillance.

(2) market surveillance shall ensure that products which are used in accordance with its intended purpose or in foreseeable conditions, installed and maintained properly, but who nevertheless can prejudice the health or safety of users times are non-compliant in any other way, the essential requirements laid down by Community legislation or harmonizing technical regulations which transpose a are withdrawn or making them available on the market is prohibited or restricted and therefore warrants informing the public coordinating authority, activities of market surveillance and other relevant authorities to monitor the market.
(3) the system of market surveillance and the market surveillance general ensures that effective measures can be taken in relation to any product category, including those covered by Community legislation on the harmonisation of technical regulations or a transpose, and products subject to periodic evaluation by bodies accredited conformity assessment to any economic operator, regardless of the type of ownership and legal form of organization.
4. Market surveillance shall be carried out in accordance with the general programme of market surveillance or under sectoral programmes, in specifying the activities of market surveillance.
(5) the general and/or sectoral programmes shall be brought to the attention of the public and are evaluated and reviewed periodically, once every 2 years and the evaluation results are made public.
Article 5. Confidentiality (1) the market surveillance authorities and their surveyors shall ensure that the confidentiality of information where this is necessary to protect trade secrets and/or personal data in accordance with the legislation in force, provided that the information will be made public under this Act, to the extent that this is necessary to protect the rights and interests of consumers (users).
     (2) for the purposes of this law, shall not be considered confidential, as provided for in the legislation on the protection of personal data or information regarding a trade secret: a) identifying products and natural or legal persons who are producers, authorised representatives, importers or distributors of such products;
b) on safety of products properties, including data on the risks associated with their use or consumption, and actions to be taken by the consumers (users) to avoid these risks;
c) concerning corrective measures to be taken, including by businesses on their own initiative, in order to prevent the risks posed by these products, concerning the nature and duration of such measures;
d) contained in the Declaration of conformity;
e) which cannot be assigned to, by law, limited access to information.
(3) ensure the protection of personal data, commercial secrets and other information protected by law shall not prevent market surveillance authorities to obtain the information necessary for the effective implementation of the activities of market surveillance, the exchange of information between them or with the Customs authorities or other authorities of the State.
(4) the Customs Organ of the State and other authorities are obliged to ensure the protection of personal data, trade secrets and other information of economic agents, protected by law, obtained within the framework of their activities, including market surveillance authorities.
     (5) the provisions of this article shall also apply to the information contained in the national system of information and communication for market surveillance.


Chapter IICadrul institutional market surveillance Article 6. Authority for the coordination of market surveillance activities (1) is the central body in charge of coordinating the specialized activities of market surveillance is the Ministry of economy (hereinafter-the co-ordinating authority).
(2) coordinating authority shall have the following main tasks: to draw up the State's politics) surveillance;
(b) evaluation of results) coordinates the activities of market surveillance authorities, and of the effects of these activities on the market;
c) annual programme shall be prepared by the general market surveillance based on sectoral programmes and approves by the order;
d) publishes annual general programme of market surveillance on its website and, where appropriate, make it available to the public by any other means of communication;
(e) appropriate mechanisms) establishes communication and co-ordination between market surveillance authorities;
f) organizes and coordinates the exchange of information between market surveillance authorities and customs body;
g) organise the work of the Coordinating Council for consumer protection and market surveillance;
h) provides information to the public regarding market surveillance authorities, responsibilities, and powers of their identity, and how they can be contacted;
I) represents Moldova in regional and international bodies to monitor the market.
(3) the co-ordinating Council for consumer protection and market surveillance (hereinafter-Board) is an advisory body to advise the coordinating authority, aimed at the coordination of market surveillance activities, carried out by market surveillance authorities.
(4) the Coordination Council is made up of representatives appointed by the central authorities for public authorities to monitor the market, the customs body of public associations of consumers and the sector-specific professional associations.
(5) the Board shall have the following main tasks: (a)) and/or propose mechanisms for coordination of the activities of market surveillance authorities working in the fields concerned;
b) regularly assess the conduct market surveillance activities by the appropriate authorities;
(c) establish a framework for drafting) and updating, as appropriate, to the general programme annual market surveillance;
d) sets up the framework suitable for the training of specialist personnel in the control of products made available on the market;
e) participate in the consultations on the legal framework, institutional and regulatory framework in the field of market surveillance.
(6) Council regulation approved by the Coordinator.
Article 7. Market surveillance authorities (1) the field of competence of the market surveillance authorities shall include the types of products which are subject to the technical regulations.
(2) the list of authorities responsible for market surveillance on areas covered is shown in the annex to this law.
(3) the market surveillance authorities to fulfil the tasks independently, impartially and fair-minded.
(4) the functions of market surveillance authorities: implement State policy of) in the area of market surveillance;
b) develops, approves, monitor and review the implementation of sectoral programmes for categories or types of products or risks related to their fields of competence;
c) reviewing, whenever necessary, control procedures, their own way of organizing and functioning of an activity for the purposes of effective control;
d) verifying the characteristics of the products through control of documentation and, where appropriate, to carry out the collection and examination of samples and laboratory testing on the basis of appropriate samples;
e) apply corrective measures to ensure that products are in conformity with the essential requirements and checks whether these measures are applied in an effective way;
f) monitors the actions of economic agents concerning the withdrawal from the market and/or recall products for which prescriptions have been issued for the withdrawal and/or recall;
g) have, under this Act, the destruction (destruction) of hazardous products or bringing them in a condition that excludes their use;
h) supervisory practice summarizes market, examine and put forward proposals on the edge of draft legislative acts and other normative acts in the field of market surveillance;
I generalize the results of market surveillance), analyzes the causes of violations identified, examine and put forward proposals for the revision of technical regulations where the essential requirements laid down in the applicable technical regulations do not ensure an adequate level of protection of public interests;
j) monitors the compliance of market made available to consumers (users) with the requirements of technical regulations;
k) intervene, through a representative designated for this purpose, following the disclosure made by the customs body shall suspend release for free circulation of a product, and shall communicate its decision on the actions that will be undertaken, within the time limit provided for in art. 31 para. (1);
l) take measures to establish cooperation with businesses on how to avoid or reduce risks posed by these products on the market;

m) monitor accidents or damage to health which are suspected to have been caused by certain products, under the conditions laid down by the law on the protection of personal data;
n) pursuing complaints or reports concerning the risks that arise in connection with the products covered by Community legislation on the harmonisation of technical regulations or a transpose;
a) scientific and technical knowledge related to matters concerning product safety;
p) regularly presents at times request, reports on the effects of market supervision in the face of regulatory authorities in the field in which they enable;
q) inform the coordinating authority regarding the results of the market surveillance activities;
r) develops and organizes programs of initial and continuing training of inspectors;
s) take adequate measures to timely warning to consumers (users) with regard to dangerous products identified in order to reduce the risk of accidents and damage to health;
t) may require translation into the State language and legalization of the technical documentation of the manufacturer and of the Declaration of conformity for products posing a serious risk;
u) satisfy other tasks determined by law in their field of activity.
(5) market surveillance authorities cooperate with businesses in activities that can prevent or reduce risks caused by products which have been made available on the market.
(6) the market surveillance authorities shall cooperate and exchange information with each other, also with the customs body, with specialized agencies with law enforcement bodies, with associations of consumers and with sectoral professional associations.
(7) the list of market surveillance authorities, information about their areas of expertise, their contact coordinates are available to the public through their official web pages and coordinating authority.
Article 8. General rights, duties and responsibilities of the Inspector and the driver of market surveillance authority (1) the Inspector within the market surveillance authority shall have the right: to) carry out checks on products in the cases and in the manner provided for in this law, to check the documentation for your products, and take samples of products in volume determined in accordance with normative documents;
b), during the work programme of the economic operator, on the basis of ticket service, decision and control the delegation:-the commercial and storage spaces of the trader and in the places referred to in article 1. 14. (6) (a). b) for control of products and of information on the implementation of the corrective measures;
-in the places referred to in article 1. 14. (6) (a). c) for control of products;
c) require documents and information necessary for control purposes, to carry out the copies of the documents that refer to the object directly;
d) to control acts on the results thereof;
e) to issue prescriptions governing the removal of neconformităţilor were detected;
f) to issue prescriptions concerning the temporary suspension of the placing on the market of products where these are not in conformity with the essential requirements;
g) to address the specialized police subdivisions to get support to control, where the operator does not allow him to carry out;
h) participate in the destruction or removal of dangerous products;
I refer the matter to the competent authorities) with respect to the non-complying products identified or other violations of law;
j) to check irregularities and to conclude protocols relating thereto;
k) to use technical means (photo, video) for accumulating evidence about the săvîrșirea contravenției.
(2) the Inspector within the market surveillance authority shall be obliged: a) comply with the provisions of this law and other laws governing control;
b) objectively and impartially, to carry out checks on products within the limits of the powers defined by law;
c) to ensure the confidentiality of information which has come to their knowledge in the context of market supervision;
d) to present the ticket service and control;
(e) to bring to the attention of) the leaders of economic agents or persons designated by them the results of checks carried out, under conditions provided by law.
(3) the driver of the market surveillance authority shall have the right: (a) to issue economic agents) prescriptions concerning:-prohibiting the implementation available on the market;
-withdrawal of products from the market;
-recall of products;
b) decide the sampling of products, amount of samples taken for laboratory tests, and test parameters;
c) to order the destruction of products posing a serious risk, definitively prohibited, University of California, where it is the sole means of obviating the danger;
d) to conclude protocols with respect to irregularities, to examine the causes and apply administrative penalties in accordance with the provisions of the code of administrative offences.
(4) for failure or improper fulfillment of their duties, directors and inspectors of market surveillance authorities bear responsibility according to the legislation in force.


Chapter IIIPlanificarea and monitoring the activity of market surveillance Article 9. Planning of market surveillance activity (1) market surveillance is carried out in accordance with the sectoral programmes approved annually by 1 December for the following year by the market surveillance authorities within their respective areas of responsibility.
(2) implementation of the Programme of activities includes sectoral market surveillance for a category of products, with due regard to the risks they pose.
(3) the degrees of risk for each category of products and the criteria for the award of the corresponding products risk levels are approved by the Government.
(4) The drafting of sectoral programmes, as well as amendments to these will be taken into account: the results of the monitoring) undertaken by market surveillance authorities within their respective areas of responsibility regarding the reasons for and the number of consumer complaints: (users), confirmed, regarding the violation of their right to safe products;
-accidents and damage to health as a result of consumption (use) unsafe products;
b) analysis notifications included in the system of rapid exchange of information on dangerous products, as well as information received from regional and international information systems concerning dangerous products;
(c) information contained in) the analysis of the national system of information and communication for market surveillance;
(d) the results of the monitoring) the execution of corrective measures;
e) information collected during the scrutiny.
(5) the sectoral Programmes and amendments thereof are placed on the official website of the market surveillance authority no later than three working days after the date of approval.
(6) the market surveillance authorities shall monitor the implementation of sectoral programmes and, where necessary, shall regularly assess their enforcement. The results of monitoring are included in the reports on the implementation of the sectoral programmes.
(7) Reports for the previous year and, in the event of revision of sectoral programmes, the respective arguments are presented annually until April 1, the co-ordinating authority and it shall inform the public through the mass media and the official web pages of the respective authorities.
Article 10.  Evaluation of the results of market surveillance activity (1) coordinating authority shall assess every 2 years, results of market surveillance at national level.
(2) to evaluate the activity of market surveillance at national level are analyzed: the results of the monitoring), included in their reports on the implementation of sectoral programmes and modifications to those programs;
b) skills and responsibilities of market surveillance authorities, in particular with regard to their conformity with the objectives of market surveillance;
(c) identifying areas of duplication) accountability, in particular as regards the impact of market surveillance measures on the marketing of new products;
d) conformity of the products with the degree of risk set for them;
e sufficient number) checks on the characteristics of products and decisions relating to the sampling and laboratory tests on the samples of products;
f) proportionality applied with corrective measures the level of risk of prejudice to the interests of the public.

3. the coordinating authority shall draw up an annual report of generalized assessment of market surveillance and submit, until April 15, the co-ordinating Council.
(4) the Government coordinating authority shall submit, by May 1, the annual report and the conclusions of the generalized evaluation carried out by the Coordination Council on the results of market surveillance and, where appropriate, recommendations on improving its organization.
(5) the results of the market surveillance, as well as the conclusions, recommendations and suggestions are provided to the public by the coordinating authority by placing the respective information on its website and, where appropriate, by other means.


Chapter IVDrepturile and obligations of economic operators Article 11. The rights of economic operators (1) under the supervision of the market, operators shall enjoy the rights established by this law and by the law nr. 131 of 8 June 2012 State control over business.
(2) operators, under the supervision of the market, have the right: a) require inspectors carrying out the control of compliance with the legal provisions;
b) to receive, in the manner established by market surveillance authorities and the customs body, required information, accessible and accurate regarding the results of the monitoring of the products;
c) to ask the inspectors respect for confidentiality any information obtained under the control of the products, except as provided by this law and other laws;
(d)) to apply to the Court to defend their rights and legitimate interests;
e) take their own initiative, measures for the prevention and avoidance of the risks posed by the products they make available on the market, to ensure that these products correspond to the essential requirements and to eliminate the essential requirements laid down with noncompliance.
Article 12. Obligations of economic operators (1) the obligations of economic operators in the context of market supervision and control products are laid down in the present law, law No. 235 of 1 December concerning the activities of accreditation and conformity assessment, law No. 422-XVI of 22 December 2006 concerning general safety of products, law No. 105-XV of 13 March 2003 on the protection of consumers, of the normative acts and applicable technical regulations.
(2) The economic activities, the operators are obliged to interact effectively with each other within the corrective measures applied under this Act.
(3) where the manufacturer (importer) considers or has reason to believe that a product which he has made available on the market is not in conformity with the essential requirements, it shall immediately take the necessary corrective measures to bring the product into conformity, to withdraw it and/or recall it, if appropriate. If the product presents a risk, manufacturers shall immediately inform the (importer) of market surveillance authorities, indicating the details, in particular as regards non-compliance and of any corrective measure taken.
(4) where a distributor considers or has reason to believe that a product which he has made available on the market is not in conformity with the essential requirements, it shall immediately take the necessary corrective measures to bring the product into conformity, to withdraw it and/or recall it, if appropriate. If the product presents a risk, the distributor shall immediately notify the market surveillance authorities, indicating the details, in particular as regards non-compliance and of any corrective measure taken.
(5) operators are obliged to submit to the market surveillance authorities on request, documentation that would allow the identification of an entity: a) which provided the product;
b) to whom the product has been provided.
(6) where the manufacturer (importer) or the person who has supplied non-compliant product cannot be identified, the person who introduced this product into circulation for the purposes of this Act, shall be deemed to each trader in the chain of distribution of the product, which, for a period of one month from the time it first became aware of the claims arising from defects of the product, has not submitted documents in order to identify and address of the manufacturer (importer) or of the person who supplied the product.
(7) the operator shall keep the documentation specified in paragraph 1. (5) for the period laid down in the applicable technical regulations, and if such a term is not established, it is maintained by: a) producer-a period of 10 years from the date of circulation of the product;
b) authorised representative, the importer or the Distributor-for a period of 10 years from the date of receipt of the product.
(8) persons with responsible positions within the economic agents will create the conditions necessary for the control of products and will not hinder the activities of market surveillance.


Chapter VActivitatea of market surveillance Article 13. The activities and measures applied by the market surveillance authorities (1) the activities of market surveillance is intended to verify that: a) products placed/made available on the market and/or put into service shall meet the essential requirements laid down in the applicable technical regulations;
b) operators acting under obligations, so that non-compliant products to be brought into conformity with the essential requirements laid down in the applicable technical regulations and implement the corrective measures ordered by the market surveillance authorities when appropriate.
(2) the activities developed and the measures applied by the market surveillance authorities shall include: a) the control of through checks on the documentation and, where appropriate, by taking and examining samples of products and laboratory tests on the basis of appropriate samples;
b) corrective measures, which include:-temporary suspension or prohibition of implementation available on the market;
-withdrawal of products from the market;
-Recalling products from consumers (users);
c) control the execution of corrective measures applied; 
d) preventing consumers (users) with regard to dangerous products detected.
(3) in the cases provided for in this law, the activities carried out and corrective measures applied relates to products which are: a) available on the market, including units of products or parts thereof which have been in circulation and that are stored at the manufacturers (importers);
b) under customs supervision, in the case of suspension of the putting into free circulation as a result of compliance control.
Article 14. Control of (1) under the control of the products, the market surveillance authorities shall take into account the level of risk that may be inherent in these products and truthful information contained in consumer complaints (users) regarding the conformity with the essential requirements and other information about the type of products concerned.
(2) control of products is done through planned and unannounced inspections. Planned checks should be performed to distributors (importers), and the unexpected-distributors and manufacturers (importers).
(3) control products can be carried out at the premises of the authority for the supervision of market or marketing or storing them. If necessary, you can combine the authority control of market surveillance with the spot.
(4) under the control of products carried out at the premises of the market surveillance authority shall verify the following documents (or copies of them) and information: (a)) Declaration of conformity or the certificate of conformity;
(b) the accompanying documents) of the product (including instructions for use);
c) technical documentation for the product, in accordance with applicable technical regulation;
d) documents allow to trace the origin of the product and its continued circulation (transport documents, contracts);
e) documents and information relating to the implementation of corrective measures, including monitoring of the actions undertaken by the operator concerning the withdrawal of the product from the market and/or recall from consumers;
f) notifications and other information received from market surveillance authorities, the customs body, economic agents and the conformity assessment bodies in accordance with the provisions of this law.
(5) under the control of the products to spot check for documents (or copies of them) and the information referred to in paragraph 1. (4) shall be taken and examined samples of products and, where appropriate, laboratory tests.
(6) the control of spot: a) in commercial and economic operators;
b) in places of use of the product, during and/or after commissioning;
c) in places set for clearance by the customs service, in the event of the suspension of release for free circulation, with the agreement of the customs body.

(7) the duration of the products on the spot shall not exceed, the Publisher, 2 working days, and the producer-3 working days. The extension of the control is to be made on the spot is not allowed.
(8) If the check has been established that the products are dangerous, risk and/or do not meet the essential requirements, on the basis of documents submitted by the trader (contracts, accompanying documents) it seeks its origin throughout the distribution chain until the manufacturer (importer) and the movement continued on the distribution chain to identify the operator who has supplied these products as well as all operators to whom they have been supplied to those products.
(9) where economic agents presents test reports or certificates of conformity issued by conformity assessment bodies accredited by the market surveillance authorities shall take account of these documents.
(10) the market surveillance authorities shall be entitled to require the conformity assessment bodies accredited conformity assessment information relating to certain products, assessment procedures implemented compliance certificates issued and revoked or the refusal of issue and evaluation agencies must respond to such requests on the day on which they were received.
(11) if the activities of market surveillance is to detect dangerous products at risk and/or do not meet the essential requirements, but which are accompanied by a certificate of conformity, the market surveillance authorities shall so inform the conformity assessment bodies that have issued the certificates in question as well as the national accreditation body to apply measures in accordance with the law.
(12) If the checks on products shall be determined signs of fraud, infringement of intellectual property or other crimes that fall within the scope of criminal prosecution, the market surveillance authorities shall provide this information to the appropriate authorities.
(13) where the control of was based on consumer complaints, in accordance with the provisions of article 7. 15 para. (1) point 2). He and art.) 391. (1) (a). b), market surveillance authorities shall submit the results to consumers within the limits permitted by the law of commercial secrecy and the protection of personal data.
Article 15. Specific requirements relating to the control of the Distributor (importer) (1) control of the Distributor (importer) shall be made within: 1) controls planned under the sectoral programmes;
unannounced checks: 2)) as a result of complaints consumers (users) regarding the non-compliant products, as well as referrals to local and Central Government authorities, bodies of law, public associations of consumers, which contain information about the distribution of products that have caused harm to the public interest or the defect products can cause such damage, or about the lack of information concerning the manufacturer of such products but which contain information about the distributor from whom they were acquired (found);
b) as a result of information the manufacturer submits evidence that:-it did not put products into circulation which are dangerous and/or risks that do not meet the essential requirements;
-the products are dangerous, risk and/or do not meet the essential requirements due to the actions or inactions of the distributor of these products.
In the cases referred to. (b)) must be established operator in the supply chain that has made available on the market such products as well as the trader whose actions or inactions have made products to be dangerous to present hazards and/or does not comply with the essential requirements.
(2) under the control of the products to the Distributor (importer) in accordance with paragraph 1. (1) point 1) and (2)). use of) one or more of the following actions in an appropriate combination: a) the control of the presence of the CE marking on the product (if appropriate, the identification number of the body notified conformity assessment), where its implementation is provided by the common technical regulation to be applied;
b the presence of documents) must accompany the product (including instructions for use) of the label and other brands/signs, if they are established by the normative acts, including the applicable technical regulation, as well as their compliance with the essential requirements;
c) availability and control of the validity of the Declaration of conformity or the certificate of compliance, where applicable technical regulation establishes mandatory accompaniment to the product with such a declaration or certificate of conformity within its distribution;
(d) the taking and examining samples) of the product and its identification of the manufacturer;
e) laboratory tests on the samples, where there are reasons to suspect that, despite the stated product conformity, it is dangerous, risk and/or does not meet the essential requirements.
(3) under the control of the products to the Distributor (importer), pursuant to paragraph 4. (1) point 2). (b)), the documents contain information about the origin of the products and documents put into circulation later products (contracts, invoices, shipping).
(4) where the Distributor (importer), within one month from the time it first became aware of the claims arising from defects of the product, has not submitted documents containing information about the origin of the products, distributor (importer) is considered the operator to introduce products to the market. When checks are carried out in accordance with the provisions of paragraph 1, products. (1) point 2). b), make sure the storage conditions of the products concerned.
Article 16. Specific requirements relating to the control of the manufacturer (importer) (1) the control of the manufacturer (importer) shall be carried out: a) as a result of control results of the products to the Distributor or when there is reason to suspect that, despite the stated product conformity, it is dangerous, risk and/or does not meet the essential requirements due to the actions or inactions of the manufacturer;
b) following complaints of consumers (users) regarding the non-compliant products, as well as referrals to local and Central Government authorities, bodies of law, public associations of consumers, which contain information about products that have caused harm to the public interest or the defect products can cause such damage (with an indication of the information identifying the economic agent who put these products into circulation , documentary confirmation of the existence of such damage, the description of the defect), and information identifying the manufacturer;
c) where notifications are received by the other operative or information from authorized agencies of other States relating to products presenting a serious risk if the manufacturer (importer) is identified and is resident in the Republic of Moldova.
(2) under the control of products from the manufacturer is using one or more of the following actions in an appropriate combination: a) the control of the presence of the CE marking on the product (if appropriate, the identification number of the body notified conformity assessment), where its implementation is provided by the common technical regulation to be applied;
b) control documents that presence must accompany the product (including instructions for use) of the label and other brands/signs, if they are prescribed by normative acts, including the applicable technical regulation, as well as their compliance with the essential requirements;
c) control availability and validity of the Declaration of conformity or the certificate of compliance, where applicable technical regulation lays down the obligation to accompany the product with such a statement and compliance declaration of conformity with the essential requirements;
d) verification of product and described General information regarding the documentation of design;
(e) examination of product samples);
f) if there is sufficient reasonable grounds upon which it could determine that the product is hazardous, hazard and/or is not in conformity with the essential requirements:-verifying technical documentation for compliance with the requirements regarding product technical regulation;
-verification of documents concerning the quality management system, if this is provided for in the applicable technical regulation of this type of product.
(3) under the control of the products as provided for in paragraph 1. (1) (a). b) and (c)) shall be carried out sampling and laboratory tests on the samples.
Article 17. Sampling and laboratory tests on the samples of products

(1) the sampling and laboratory tests on these shall be made on the basis of a reasoned decision by the driver, the supervisory authority of the market.
(2) the sampling method and the quantity of the sample comply with the requirements of the normative document for the product concerned. If the normative document for the product provides total control or not is determined by the quantity of samples taken, it is acceptable to selectively control the application of statistical methods of control.
(3) Laboratory Tests on the samples taken shall be made in product testing laboratories accredited on the basis of agreements concluded with them by the market surveillance authorities. Test parameters are established by market surveillance authorities, according to area of accreditation of testing laboratory.
(4) do not allow carrying out the tests on the samples taken during the product testing laboratories accredited involved in conformity assessment of products and owned by producers or distributors of these products.
(5) For carrying out the tests, the market surveillance authorities shall be entitled to seek the service of an accredited testing laboratory, which carried out the tests in order to assess the conformity of the same product, only on condition that there is no conflict of interests and responsibility for decision-making is the responsibility of market surveillance authorities.
(6) the operator may, on its own responsibility, to make available on the market, lots of products from which samples have been taken for laboratory tests by the market surveillance authority.
(7) the period for carrying out the laboratory tests shall not exceed 14 business days from the date of sampling the samples. That term may be higher if the normative document on methods of test for a certain type of product fixes a longer duration.
Article 18. Corrective measures for products presenting a serious risk (1) if the market surveillance authority finds that a product presents a serious risk requiring rapid intervention, including a serious risk the effects are not immediate, it prescribes an entity measures concerning the withdrawal of the product from the market, recall or the prohibition of product implementation available on the market.
(2) the decision on the existence of a serious risk presented by a product which is based on an appropriate risk assessment which takes into account the nature of the threat and the probability of its occurrence.
(3) the product cannot be considered as posing a serious risk only for the reason that there are opportunities to achieve a higher level of safety of the product, or that other products offered on the market present a reduced degree of risk.
(4) technical regulation for a specific type of product may determine other corrective measures than those laid down in this article.
Article 19. Corrective measures for products which do not meet the essential requirements (1) where under the control of the products it is found that the product does not meet the essential requirements, except as provided for in article 10. 18, the market surveillance authority, as a matter of urgency, measures prescribing an entity for bringing This product in compliance with the essential requirements no later than one month from the date of signature for an extra hand in prescription or from the date of its despatch by registered letter or in another term, less established expressly in limitation.
(2) if the market surveillance authority finds that a product does not comply with the essential requirements and, at the same time, it presents a serious risk, it shall apply the corrective measures referred to in article 1. 18 paragraph 1. (1) and (3) the decision on the existence of a serious risk presented by a product which is based on an appropriate risk assessment which takes into account the nature of the threat and the probability of its occurrence.
(4) the market surveillance authority will prescribe an economic agent to take steps to bring the product into conformity with the essential requirements, within the period specified in paragraph 1. (1) where the use of set: a) and incorrect application of CE marking in terms of shape, size, visibility, legibility, the CE conformity marking to could not be deleted, as well as the use and application of additional marks provided for other in the applicable technical regulation;
b) failure to submit Declaration of conformity of this product or document neînsoţirea, in a situation where the applicable technical regulation so provides;
c) drawing up the Declaration of conformity with the violation of the requirements laid down in applicable technical regulation; 
d) failure of the technical documentation for the product, or nonconformance of the technical documentation submitted with the applicable technical regulation;
(e) the identification number) non-inclusion of a conformity assessment body notified alongside the CE marking when the applicable technical regulation provides for this.
(5) If after analysis the results of the implementation of the information and/or the execution of corrective measures pursuant to article 13. 25 it is determined that the product does not comply with the essential requirements or only partly meets, apply corrective measures referred to in article 1. 18 paragraph 1. (1) (6) the common technical for a particular type of product may determine other corrective measures than those laid down in this article.
Article 20. Temporary suspension of the placing on the market of products (1) temporary suspension of the placing on the market of products apply to bring products in accordance with the essential requirements as envisaged in art. 19 para. (1) and (4).
(2) the temporary suspension of the placing on the market of products in accordance with para. (1) of this article shall apply in the cases provided for in this Act if there is an opportunity to bring these products in accordance with the essential requirements. These restrictions apply to products available in the market, including those from the warehouses of manufacturers (importers), and/or products to consumers (users).
(3) adjustment of products to the essential requirements shall be carried out at the place of residence (location) of the consumer (user) or the location of the Distributor, the manufacturer (importer) or of an entity that has carried out maintenance and repair products, as well as in other places where these products can be adjusted to meet the essential requirements laid down.
(4) the adjustment of products to the essential requirements shall be carried out at the expense of an entity which, through its actions or omissions, brought in the products the essential requirements laid down as inadequate.
(5) the temporary suspension of the placing on the market of products shall apply where a decision is taken concerning the compliance of the products with the essential requirements for the validity of the restriction in question.
(6) the market surveillance authorities, in accordance with the provisions of law No. 422-XVI of 22 December 2006 concerning general safety of products, can also apply restrictions on the putting into service or products.
Article 21. The prohibition on implementation available on the market (1) Prohibition of implementation available on the market of the products shall be applied in accordance with the provisions of art. 18 paragraph 1. (1) and article 19 para. (5) of this Act and in cases provided for by law No. 422-XVI of 22 December 2006 concerning general safety of products.
(2) a prohibition on implementation available on the market shall not apply to activities linked to the return of such products by the manufacturer (importer) or distributor in relation to measures of removal, recall or the transfer of those products to be destroyed or discarded.
Article 22. Withdrawal of products from the market and recall products from consumers (users) (1) withdrawal of products from the market and/or recall products from consumers (users) apply in the case of products made available on the market or those supplied to consumers (users) in the circumstances provided for by the present law and the law. 422-XVI of 22 December 2006 concerning general safety of products.
(2) the withdrawal of the product from the market involves the refund (importer) of all units of the product in the possession of dealers.
(3) Recalling the product involves the refund (importer) of all units of the product they have been supplied to consumers (users).
(4) withdrawal from the market or recall the product shall be carried out by the manufacturer (importer) on its own initiative or in accordance with the prescription of market surveillance authority and shall apply where: a) measures taken by the economic operator fail to prevent or avoid the risks which it presents the product, or to provide a product that conforms to the essential requirements;

(b) the application of any other measures) can not ensure the prevention or avoidance of the risks which they present the product, or providing a product complies with the essential requirements.
(5) Recalling products is used as an exceptional measure.
(6) products withdrawn from the market and/or the manufacturer recalled (importer) shall be in accordance with the essential requirements or in a State in which no longer present any risk, subsequently returning to the owner thereof are either destroyed or discarded.
(7) If the withdrawal from the market or Recalling the products is carried out according to the prescription of market surveillance authority, it gives the manufacturer (importer) one of the measures envisaged in paragraph 1. (6) and, in the case of the manufacturer (importer) failed to take appropriate measures during the period defined by the market surveillance authority, it shall, in agreement with the manufacturer (importer), require the imported products, or removing them from service.
(8) simultaneously with the issue of prescription of withdrawal from the market or Recalling the products, the market surveillance authority may decide on banning or temporary suspension of the placing on the market of such products. When a decision is taken on a corrective measures (banning or temporary suspension) will consider the risk posed by the product and/or non-compliance with essential requirements, and the ability to bring the product into conformity with essential requirements or in a State in which the product is no longer present any risk.
(9) Limitation of withdrawal from the market and/or recall products include the requirement mandatory information by the manufacturer (importer) or distributor of these products to consumers (users), and other distributors of such products, on the causes of the withdrawal from circulation or recall from consumers.
(10) the manufacturer (importer) that recall the products in order to destroy them or take them out of use, with the consent of the consumer (user), offsets the total value of products recalled (excluding free delivery of the products to the consumer (user) or the replacement with similar products).
(11) during the implementation of the prescribed withdrawal and/or recall products, the market surveillance authority shall monitor the action taken by the economic operators to withdraw products from the market and/or recall them from consumers to determine: the adequacy of the measures taken) planned activities aimed at the withdrawal and/or recall products;
b) cooperation of the manufacturer (importer) with dealers in the chain of distribution of the product;
c) effectiveness of actions of the manufacturer (importer) on return of the product distribution network and/or its recall from consumers (users).
Article 23. Corrective measures (1) corrective measures are implemented accordingly, by prescriptions issued by the market surveillance authorities.
(2) Limitation on the application of the corrective measures on the basis of: (a)) of the outcome depending on the control characteristics of the product, including control of the notification made pursuant to the customs body shall suspend release for free circulation of the product in accordance with art. 30 paragraph 2. (6);
b) monitoring results on the effectiveness of the prohibition on implementation available on the market of the product in accordance with art. 25 para. (9);
c) information submitted by operators pursuant to article 5. 12(3). (3) and (4) risk products, or which are not in conformity with the essential requirements;
d) information about products that do not meet the General safety requirement, presented by the operators covered by the provisions of law No. 422-XVI of 22 December 2006 concerning general safety of products.
(3) the prescription may be modified or revoked based on the analysis of information on the performance of it and/or as a result of the checks provided for in article 10. 25. Regulations may be amended by the market surveillance authorities with account of objections, counter arguments, explanations and information submitted by operators pursuant to paragraph 4. (10) of this article.
(4) Prescriptions are issued, it shall be amended or repealed by the head of market surveillance authority or by the Inspector within it, in accordance with the powers established by this law.
(5) Limitation prohibiting suspension of implementation available on the market, withdrawal from the market or recall products will include required: the reasons and legal basis) that underlie them;
b) corrective measures and specific actions related to be undertaken/respected trader;
(c)) the total volume of products (batch) of a specific brand (model, item, change) or some part thereof, their serial number;
d) deadline for execution;
e) ways and time limit for contesting the claim;
f) deadline within which the operator shall inform the market surveillance authority and submit evidence concerning the implementation of prescription.
(6) the corrective measures shall apply, as appropriate, all the products of a certain brands (model, item, change), any part thereof, or of a series.
(7) when issuing the prescription market withdrawal or recall of products, examined the possibility of the involvement of distributors and consumers (users) of these products in the process of implementing the corrective measures.
(8) the period of implementation of the prescription should be justified and will be established with account of the nature of the risk and/or noncompliance with the essential requirements laid down, the volume of products to be brought into conformity with the essential requirements or withdrawn from the market or recalled, and the real possibilities of the trader to execute prescription. The period of execution may be amended at the request of an entity for the purpose of enabling a more efficient enforcement of the measure. Such a request may be filed at any time, but before expiry of the time-limit for carrying out the prescription.
(9) before issuing the prescription, the market surveillance authority shall notify the operator about the presentation of explanations and objections to the project described.
(10) within 10 working days of receipt of the notice, the operator shall submit information on the measures taken in order to prevent or avoid risks or damage to public interests, about removing the neconformităţilor products subject to prescription, and in case of disagreement, submit explanations, objections and evidence justifying his position. This period may be extended by the market surveillance authority, reasonably, at the request of the trader.
(11) the explanations, objections and the information submitted by the operator shall be compulsory and shall be kept by the supervisory authority.
(12) where the information specified in paragraph 1. (10) are not submitted within the time limit set, the market surveillance authority shall issue prescription for corrective action to be taken.
(13) where it is necessary to take urgent corrective manner in order to prevent or avoid the risk of damage to public interests, the market surveillance authority may decide that the remedial measures are taken without paying the trader the opportunity to express their respective previous issue prescription. In this case, the operator has the right to submit information under paragraph 1. (10) at any time after the issuance of the prescription, but before expiry of the deadline for its execution. Market surveillance authority will consider information received to assess the appropriateness and proportionality of the corrective measure applied and the results of such a review shall be brought to the attention of the operator.
(14) failure or failure within the period established by law or refusal to provide explanations, objections and/or the issuance of prescription information does not deprive the trader the right to challenge in court the prescription.
(15) the requirements Blanchetele and shall be approved by the supervisory authorities of the market and are strict documents.
Article. 24. Risk assessment (1) any measure prohibiting or suspending the implementation available on the market, withdrawal from the market or recall products, taken in accordance with this Act or with the law. 422-XVI of 22 December 2006 concerning general safety of products, must be proportional to the degree of risk or with the damage that could be brought to the public interests of the products concerned (hereinafter referred to as the risk level).
(2) the level of risk is determined by the market surveillance authority through risk assessment of existing or likely to occur (referred to as "risk assessment).
(3) the risk assessment is based on analysis of risk assessment criteria. This takes into account normal and reasonably foreseeable conditions of use of the product.
(4) the risk assessment Criteria are:

of or affecting) dangers can affect people's health and safety through the use of the products;
b) the categories of consumers which can use these products;
c) the types of injuries that may cause consumers to use these products;
d) characteristics and the severity of injuries that can result from damage caused to certain categories of consumers through the use of the products;
e) effects arising from injuries.
(5) the Government shall approve the methodology of risk assessment in the case of non-food products intended for consumers and the corrective measures selection, which provides risk assessment criteria, conditions and circumstances in which market surveillance authorities choose corrective measures.
In article 25. Controlling the execution of prescriptions (1) in the context of monitoring the execution of corrective measures, the market surveillance authority: a) examines the information submitted by the operator on the implementation requirements;
b) carry out audits concerning the implementation of recommendations of the prescription the trader;
c) monitors the effectiveness of the actions undertaken by the operator as a result of corrective measures.
(2) the operator, within the prescribed period of limitation, presents (sends) the market surveillance authority, information, and evidence that confirms the execution of prescription.
(3) where the operator has not submitted within the period specified or information relating to the enforcement of prescription information presented are not sufficient to demonstrate the effectiveness of the implementation of the prescription, the market surveillance authority shall verify that the mode of execution prescribed by the operator.
(4) the market surveillance authority shall initiate the verification with respect to enforcement of prescription within 10 working days from the date of receipt of the information concerning the stay of the execution of the operator, and in case of non-submission of information, no later than 10 working days after the date of expiry of the deadline for its presentation, set in the prescription.
(5) control of the execution shall be carried out by checking prescription products for which corrective measures have been implemented in accordance with the requirements laid down in article 21. 14. If necessary, product samples are examined and, if there is reason to believe that the products are dangerous, risks and/or do not meet the essential requirements, it will be taken again of those products samples and conducted laboratory tests on them.
(6) if the following information concerning the stay of execution analysis and/or checks concerning its implementation is found to be complete and effective execution of the fact of starting date (with the exception of the prohibition of the placing on the market), the market surveillance authority noted in its inclusion of prescription of their execution.
(7) If, following enforcement of the prescription information analysis and/or check on how its implementation is found to be non-performance or partial execution of the starting date, or the fact that the prescription has not been enforced effectively, the market surveillance authority issuing a new limitation on the modification described in question. These changes may include application of new remedies.
(8) after prescription prescription except to prohibit their placing on the market of products, the market surveillance authority shall monitor the effectiveness of corrective measures taken. Such monitoring shall be carried out in accordance with the sectoral programmes, products for which corrective measures have been implemented at the distribution stage.
(9) the monitoring of the effectiveness of the prohibition on the placing on the market of products lies in pursuing compliance with this prohibition in trade network. If as a result of monitoring will ascertain the availability on the market of products which have been subject to this prohibition, the market surveillance authority will ask the manufacturer (importer) withdrawal from the market or recalling them. If it is found the fact of providing systemic products on the market for which has been issued a ban of entry available on the market, the market surveillance authority has a control of the characteristics of these products from the manufacturer (importer).
Article 26. Consumer information (users) with regard to products presenting a serious risk in order to prevent consumers about the dangers and to reduce the risk of damage to public interests, the market surveillance authorities shall disseminate/places in a timely manner, through the media and Internet, relevant information regarding products presenting a serious risk.
Article 27. Disputes over control and/or the results thereof and the action Acts of market surveillance authorities or officials within it, can be appealed in court in accordance with the law on administrative courts no. 793-XIV of 10 February 2000.


Chapter VIControlul products introduced into the customs territory of the Republic of Moldova in article 28. Safety control of imported products and compliance (1) the customs body shall be carried out in an appropriate manner and at an appropriate scale, controls relating to the characteristics of the products before their release for free circulation in order to prevent the introduction into the customs territory of the Republic of Moldova of products posing a serious risk to health, safety, environment or any other public interest.
(2) the Customs Body shall conduct product verification in places determined by the Customs for customs clearance, through documentary, and, where appropriate, to identify appropriate products based on samples and information presented) system rapid exchange of information on dangerous products;
b) market surveillance authorities relating to products which do not satisfy the essential requirements referred to in paragraph 1. (5) and (6).
(3) under the control of the products, the customs body shall consider the information provided by market surveillance authorities, and other relevant information.
(4) under the control of documents, customs body shall check the documentation on paper or in electronic form, which must accompany the delivery of the products on the market in accordance with Community legislation on the harmonisation of technical regulations or an implement.
(5) in the context of the identification of the products, the customs body shall verify the presence of the CE marking on the product, where the requirement is laid down in the applicable technical regulation of this type of product, as well as compliance with the rules for the application of CE marking.
(6) the Customs Body shall be informed with regard to products presenting a serious risk through the national system of information and communication for market surveillance.
(7) the Customs Body shall carry out the necessary exchange of information in electronic form, with the market surveillance authorities, information that will be used for customs purposes, but also for the effective monitoring of products and for market surveillance.
(8) where the market surveillance authorities, in accordance with article 5. 19 and 32, took corrective action on the introduction into the customs territory of the Republic of Moldova of a product that does not meet the essential requirements, they shall inform the customs body about the product in question.
(9) the information of market surveillance authority relating to products which are not in conformity with the essential requirements include: a) data identifying the products in question;
b) information on the type and term of execution of corrective measures taken in respect of such products;
c) information about the origin and the supply chain of the product.
(10) the authorities responsible for market surveillance in the areas covered, referred to in the annex to this law will work with Customs to establish products control mechanism for putting them into circulation. The regulation on the procedures for cooperation between market surveillance authorities and the customs service shall be approved by the Government.
Article 29. The powers of the customs body on Customs Body, within the framework of checking imported products has the following main tasks: to) participate in the implementation of State policy in the field of market surveillance;
b) knowingly limit powers, to ensure economic security of the State;
(c)) shall, in accordance with art. 28, documentary and/or identification of products before their release for free circulation in the customs territory of the Republic of Moldova;
d) Decides to suspend the release for free circulation of the products presented for customs control and customs clearance in the cases and in the manner provided for in this law;
e) allows the placing of products under the customs supervision customs destination destruction, in compliance with the provisions of the customs code, of this law and other normative acts in force;

summarizes the results of the monitoring) products, analyse the causes of violations committed and put forward proposals for improving the legal and regulatory framework;
g) with the support of market surveillance authorities, ensure the initial and continuous training training of Customs officers who carry out checks on products;
h) develop and implement measures to improve the control of performance;
I) inform market surveillance authorities and the public of the results of the check.
Article 30. Suspension of release for free circulation of products (1) the Customs Body shall suspend release for free circulation of a product presented for customs control and customs clearance where, following the checks carried out in accordance with the provisions of art. 28, it was found that: (a) the product has characteristics) which, in the conditions of installation, maintenance and appropriate uses, indicates the existence of a serious risk in terms of health, safety, environment or any other public interest referred to in article 1. 1 (1). (1);
b) lack of documentation on paper or in electronic form that must accompany the supply of products on the market in accordance with the requirements of applicable technical regulations and other normative documents;
c) lack the CE marking and/or other additional marks provided for in the applicable technical regulation of this type of product;
(d)) that the CE marking and/or other additional markings were affixed to the product falsely or deceptively.
(2) the decision to suspend the release for free circulation of the products shall be delivered by the head of the customs body or his Deputy. The form of the decision to suspend the release for free circulation of products to be drawn up and shall be approved by the customs service.
(3) The decision to suspend the release for free circulation of the product indicates the batch of products (model, item, change) or the individual elements thereof.
(4) the decision of the customs body to suspend the release for free circulation of products as a result of their control may be appealed in court.
(5) the Customs Body shall notify the surveillance authority of the market with regard to the suspension of the release for free circulation of the consignment of goods. The notification shall indicate the product concerned, the reasons and the term for which the suspension is valid, the name and address of manufacturer's authorized representative (if any) and/or the importer, as well as other information required, attesting to the fact of the infringement.
(6) on the basis of the notification received from the customs body, market surveillance authority carrying out the verification features of the products for which he was suspended in free circulation. If necessary, checks on products placed under the customs supervision can be done at the place of storage thereof. The check shall be carried out taking into account the information relating to the customs body shall suspend release for free circulation of products.
(7) the market surveillance authority shall take samples of the products to be placed under customs supervision to carry out laboratory tests in the manner prescribed by the Customs Code. Laboratory tests on the samples of products placed under the customs supervision shall be carried out in the manner prescribed by this law. A copy of the minutes regarding the sampling and test report shall be submitted to the customs body.
Article 31. The release for free circulation of products whose clearance has been suspended (1) where, within 3 working days from the date of the suspension of release for free circulation of the products in accordance with article 5. 30, the customs body has not been notified in writing of any action taken by the market surveillance authority, these products are released for free circulation in the established manner.
(2) If, within three working days from the date of the suspension of release for free circulation of the products by the customs body, it shall be notified in writing by the market surveillance authority relating to the fact that these products do not present a serious risk to the public interest or not can be considered as not complying with the essential requirements applicable to the products in question are put back into circulation provided that all the other requirements and formalities relating to the procedure to be performed.
Article 32. Corrective measures are applied to products whose release for free circulation was suspended (1) where market supervisory authority having received notification of suspension of release for free circulation of products has found that these products pose a serious risk, it shall take measures to prevent the introduction of the products in question in circulation by issuing the stay to prohibit their placing at the disposal of products on the market and will require the customs body banning their release for free movement, with the obligatory indication of the visa ' dangerous product-does not authorize release for free circulation in accordance with the law. 7 of 26 February 2016 concerning market surveillance with regard to the marketing of products "on the commercial invoice accompanying the product and on any other relevant accompanying document or, where data are processed electronically, in the data-processing system.
(2) where the supervisory authority of the market that has received notification of suspension of release for free circulation of products has found that products are in conformity with the essential requirements laid down by the applicable technical regulations, it applies the restrictive measures provided for by this law, which may also include the prohibition of introduction of those goods into circulation. In the case of the issuance of the stay to prohibit their placing at the disposal of products on the market, the market surveillance authority requests the customs body to prevent putting these products in free circulation and indicate the binding target "Nonconforming Product shall not authorize release for free circulation in accordance with the law. 7 of 26 February 2016 concerning market surveillance with regard to the marketing of products "on the commercial invoice accompanying the product and on any other relevant accompanying document or, where data are processed electronically, in the data-processing system.
(3) in the case of the products referred to in paragraph 1. (1) and (2) are subsequently placed in a customs procedure other than that provides entry into free circulation in the customs territory of the Republic of Moldova, where the market surveillance authorities do not object, the target set out in paragraph 1. (1) and (2) is applied, under the same conditions, on the documents necessary for customs control and customs clearance procedure associated customs procedure.
(4) products which present a serious risk and is under customs supervision are removed from the customs territory of the Republic of Moldova or placed in the customs destination of the destruction, with the written consent of the market surveillance authority, if this is considered to be necessary and proportionate to the risk in question.
5. products referred to in paragraph 1. (2) applying the restrictive measures provided for by this law, with the exception of the prohibition of release for free circulation, may be placed under the customs warehousing arrangements, or in storage, the period laid down expressly in limitation, to bring them into conformity with the essential requirements laid down in the applicable technical regulation.
(6) the market surveillance authorities shall, in accordance with article 5. 28 para. (3), (6) and (8), customs body and coordinating authority with regard to products that have been identified a serious risk or non-compliance within the meaning of paragraph 1. (1) and (2) of this article.


Chapter VII information and Assurance of financial market supervision Article 33. Exchange of information on dangerous products (1) For the exchange of information with regard to products presenting a serious risk is created and managed system of rapid exchange of information on dangerous products in accordance with the law. 422-XVI of 22 December 2006 concerning general safety of products.
(2) information entered in the system for rapid exchange of information on dangerous products are made public to the extent and manner provided for by law No. 422-XVI of 22 December 2006 concerning general safety of products.
In article 34. The national system of information and communication for market surveillance (1) national system of information and communication for market surveillance is created and managed to support the automated market surveillance measures, which is compatible with the automated information system "State Register of controls".
(2) national system of information and communication for market surveillance consists of: the electronic register) prescriptions issued by market surveillance authorities;

b) electronic communication between market surveillance authorities and the customs body.
(3) in the electronic register of prescriptions shall be entered all prescriptions issued by market surveillance authorities, in accordance with the present law and the law. 422-XVI of 22 December 2006 concerning general safety of products, within a period of 3 days after their issue.
(4) the information contained in the electronic register of prescriptions are placed at the disposal of the market surveillance authorities, the customs body and coordination authority.
(5) the information transmitted between the authorities of market surveillance and customs body between them and are used for the exchange of information in accordance with the provisions of art. 28 para. (8) and (9) of article 23. 30 paragraph 2. (5) of article 2. and article 31. 32 para. (1) and (2).
(6) the operation of the national system of information and communication for market surveillance is ensured by the coordinating authority.
(7) Coordination Authority creates and maintains a comprehensive system of archiving and exchange of information in a digital environment relating to market surveillance activities, programmes and related information thereof, concerning penalties imposed.
(8) the market surveillance authorities shall ensure the recording and archiving of the results of the checks, using records on paper and in electronic form, creating and keeping the database of inspection for a period of 7 years.
(9) for the purposes of art. 32 para. (6) the supervisory authorities, on the basis of the information received, the coordinating authority shall submit the information at their disposal, in particular as regards the necessary data for identification of the product, the origin and the distribution chain of the product, the related risk, the nature and duration of the restrictive measures taken, contacts with the economic operators concerned and any voluntary measures taken by economic operators.
(10) Without prejudice to article. 5 para. (3) or access to information legislation, shall ensure observance of the confidentiality of the information. Protection of privacy, which will be done within the limits permitted by the law of commercial secrecy and the protection of personal data, shall not, however, prevent the dissemination by the market surveillance authorities of information relevant for ensuring the effectiveness of market surveillance activities.
(11) the technical Concept and the rules of functioning of the national system of information and communication for monitoring the market and on how the supply and acquisition of information are approved by the Government.
Article 35. Financing of the activities of market surveillance (1) the financial resources needed to carry out market surveillance activities should be reported to the appropriate authorities expenditure, within the resources allocated annually from the State budget and from other sources, in accordance with the legal provisions.
(2) expenses for product sampling and laboratory tests (analyses, measurements) are borne by the market surveillance authorities.
(3) If, following laboratory tests (analyses, measurements) on samples, shows that the product is hazardous, hazard and/or does not meet the essential requirements, the costs for sampling, as well as those for laboratory tests are borne by the operator control.
(4) where the control was initiated at the request of the operator, that the costs, including those referred to in paragraph 1. (2) are borne by the operator concerned.
(5) international technical assistance Funds can be used for: a) ensuring the establishment and functioning of the system for the rapid exchange of information on dangerous products, as well as of the national system of information and communication for market surveillance;
b) training and professional development of public servants involved in market surveillance and the control of products;
c) implementation of measures for international cooperation in the field of the safety of products, market supervision and control;
d) equipping laboratories of research/testing.
To in article 36. Cooperation between market surveillance authorities and competent bodies with functions of control cooperation between market surveillance authorities and competent bodies with control functions are carried out by: a) the Organization of complex checks involving the participation of several market surveillance authorities;
b) ensuring the exchange of information.
Article 37. Cooperation with the competent authorities of other countries (1) the market surveillance authorities and the customs body may cooperate with the competent authorities of other countries in relation to the exchange of information and technical assistance to facilitate access to information exchange systems with regard to products presenting a serious risk and to promote the activities of conformity assessment and market surveillance.
(2) cooperation in the field of product safety and market surveillance is carried out by: a) the exchange of information on products posing a serious risk, including participation in regional and international information systems concerning dangerous products;
b) exchange of information on risk assessment, testing methods and results, recent scientific developments and other matters relevant to the activities of a role account;
(c) exchange of experience), service expertise and best practice training and refresher training of specialists;
d) participation in the joint projects in the field of product safety through joint activities of market surveillance and the control of products, including through joint evaluations (tests) of the products and participation in information campaigns;
e) co-operation and exchange of information with supervisory authorities of other countries market regarding traceability, withdrawal and recall of products presenting risks or which do not meet the essential requirements laid down.


Chapter VIIIDISPOZIŢII FINAL and TRANSITORY Article 38 at the time of the accession of the Republic of Moldova to the European Union, the European Commission will be notified of market surveillance authorities and their areas of competence, in accordance with Community legislation on the harmonisation of technical regulations, or with a transpose and on the penalties applicable to infringements of the provisions of the economic agents of the present law.
Article 39 (1) the present law enters into force after expiry of a period of 12 months from the date of publication.
(2) the Government shall, within 12 months from the date of publication of the present law: a) will submit to the Parliament proposals on the implementation of legislation consistent with the provisions of this law;
b) will bring its normative acts in compliance with the provisions of this law;
     c) will adopt regulatory acts necessary for the enforcement of this law.

PARLIAMENT SPEAKER Adrian CANDU No.7. On February 26, 2016.



Annex