Concerning Modification And Completion Of Some Legislative Acts

Original Language Title: pentru modificarea şi completarea unor acte legislative

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    The Parliament adopts this organic law.
Art. I.-Law nr. 422-XVI of 22 December 2006 concerning general safety of products (Official Gazette of the Republic of Moldova, 2007, no. 36-38, art. 145), as amended, is modified and completed as follows: 1. Article 1 shall be completed with (4) and (5) with the following contents: "(4) 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.
(5) the requirements for the security of the products referred to in paragraph 1. (4) of this article are regulated by special laws. "
2. In article 2, the term ' placing on the market of products "shall be replaced with the term" making available on the market "with the following content:" making available on the market-the supply on the market of a product for distribution, consumption or use in a commercial activity in return for payment or free of charge; "
3. Article 3 (1) shall read as follows: "(1) (s) Producers and distributors are obliged to make available to market only safe products." in paragraph (2), the words "and with sanitary regulations" are excluded.
4. In article 7 (3), the words "Coordinating Council in the field of consumer protection" shall be replaced with the words "Coordinating Council for consumer protection and market surveillance".
     5. The title of chapter IV shall read as follows: "Chapter IVSupravegherea market generalăde safety requirement of products".


6. The Act is supplemented by the following article 71 reads: "Article 71. Market surveillance regarding general safety requirement (1) the control of compliance with the General safety requirement regarding the placing and making available on the market of products by producers and distributors (importers) shall ensure by means of market surveillance activities, as well as under the control of products from entering the customs territory of the Republic of Moldova.
(2) the activities of market surveillance, and control of products entering the customs territory of the Republic of Moldova are regulated, respectively, of the Act on the supervision of the market and of the Customs Code of the Republic of Moldova. "
7. In article 8: (a) the letter f), the words "already placed on the market" shall be replaced with the words "made available" already on the market;
in paragraph 5 (a)), ' Coordinating Council in the field of consumer protection "shall be replaced with the words" Coordination Committee for consumer protection and market surveillance ";
in paragraph 8, the words "Coordinating Council in the field of consumer protection" shall be replaced with the words "Coordination Committee for consumer protection and market surveillance".
8. The Act is supplemented by articles 81 and 82 by the following: ' article 81. System for rapid exchange of information on dangerous products (1) in order to exchange information concerning dangerous products between market surveillance authorities shall set up and operate the system for rapid exchange of information on dangerous products.
(2) the system of rapid exchange of information on dangerous products consist of notifications that are sent by the market surveillance authorities in the event of the detection of dangerous products.
(3) notification of product presenting a serious risk) includes: (a) information identifying the product;
(b) a description of the risk involved), including a summary of the results of laboratory tests of samples of such products and of their conclusions which are relevant to the assessment of risk;
c) information on the nature and duration of the measures taken to prevent the risk (if any measures had been taken), including measures taken by the manufacturers and/or distributors on its own initiative;
d) information on supply chain and distribution of this product in the market of Republic of Moldova;
e) other information according to the rules of submission of such communications in the system of rapid exchange of information on dangerous products.
(4) the system of rapid exchange of information on dangerous products includes also information on products posing a serious risk, received through the international systems of national or regional or other notification by the competent authorities of other States.
(5) information system for rapid exchange of information on dangerous products must be placed at the disposal of the market surveillance authorities, the customs body, the central body of the public administration specialist in charge of the elaboration of the State policy in the area of consumer protection.
(6) the operation of the system of rapid exchange of information on dangerous products is ensured by the Consumer Protection Agency.
(7) Regulation on the operation of the system of rapid exchange of information on dangerous products, the mode of provision of information and retrieval thereof shall be approved by the Government.
Article 82. Moldova's access to the international and regional systems relating to dangerous products (1), Republic of Moldova, in accordance with the international treaties to which it is a party or, in the case of national systems of Moldova, in accordance with interdepartmental agreements, shall have access to the international and regional systems for rapid exchange of information on dangerous products.
(2) access to the systems referred to in paragraph 1. (1) of this article shall be made for the exchange of data between systems for rapid exchange of information on dangerous products.
(3) coordination of activities relating to access of Moldova at international and regional systems for rapid exchange of information on dangerous products is carried out by the specialized central body of public administration in charge of the elaboration of the State policy in the area of consumer protection. "
9. In the law, ' placed on the market "and" placing on the market "shall be replaced respectively with the words" made available "and" make available ".
Art. II.-in article 29 of law No. 131 of 8 June 2012 State control over business (Official Gazette of the Republic of Moldova, 2012, no. 181-184, art. 595), with subsequent amendments, paragraph (9) shall be completed in the final text "and/or corrective measures applied in the case of dangerous products posing a risk and/or do not meet the essential requirements laid down in accordance with the law on market surveillance".
Art. III.-this law will enter into force on the expiry of 12 months from the date of publication.