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With Regard To The Procedure For Approval Of Specifications For Agri-Food Products With Designations Of Origin, Geographical Indications And Traditional Specialities Guaranteed

Original Language Title: cu privire la procedura de omologare a caietelor de sarcini pentru produsele agroalimentare cu denumiri de origine, indicaţii geografice şi specialităţi tradiţionale garantate

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    In order to enforce the law. 66 of 27 March 2008 on the protection of geographical indications, designations of origin and traditional speciality guaranteed, paragraph 2(a). the Government of the judgment). 644 of 19 July 2010 concerning the designation of the competent authorities concerned with the duties and responsibilities relating to products with designation of origin and geographical indications and traditional specialities guaranteed and the competent authorities responsible for official controls regarding compliance of these products Are: 1. "I ORDER approves the Regulation on the procedure for approval of specifications for agri-food products with designation of origin the geographical indications and traditional specialities guaranteed, according to the annex. 1 to this order.
2. The Working Party shall be set up in the following: E Galvez-Deputy Minister-President-Chief Tatiana Nistorică, policies and regulations for production of quality animal products Chief Mikhail Saifuddin, policies and regulations of production quality of plant products, Iurie Kusum organic production and Service products, consultant Rizwanullah Stiffler-legal Directorate and harmonization of legislation Chief Peter Pasha The Directorate quality control and quality systems, ANSA Chief Vyacheslav Ciuhrii-Deputy, inter-departmental food and services, Consumer Protection Agency 3. The Working Group will examine and shall deliver their specifications for agri-food products with designations of origin, geographical indications and traditional specialities guaranteed in accordance with the provisions of this regulation.
4. It is established that, in the event of a release of the members of the working group from offices, within their powers will be exercised by persons in these newly designated functions, without issuing a new order.
5. This order shall be published in the Official Gazette of the Republic of Moldova.
6. The control over the execution of the present order is put in charge of Mr. E. Galvez, Deputy Minister.

The MINISTER of AGRICULTURE and FOOD INDUSTRY of MOLDOVA Ion AWL No. 149. Chisinau, 4 august 2015.





Annex 4. 1 to Order No. 149 of 4 august 2015 with regard to the procedure for approval of specifications for agri-food products with designations of origin, geographical indications and traditional specialities guaranteed approval procedure REGULAMENTprivind specifications pentruprodusele food processors with designations of origin, indications geograficeşi regulation on traditional specialities guaranteed approval specifications for agri-food products with designation of origin, geographical indications and traditional specialities guaranteed (hereinafter the regulation) creates the necessary normative framework application : Commission Regulation (EC) No 1782/2003. 1151/2012 of 21 November on the systems in the field of quality of agricultural and food products, published in the official journal of the European Union (OJ) No. L 343/1, 14.12.2012;
Regulation (EC) No 1782/2003. 668/2009 of 13 June 1986 laying down detailed rules for the application of Council Regulation (EC) No 1782/2003. 1151/2012 of 21 November on the systems in the field of quality of agricultural and food products, published in the official journal of the European Union (OJ) No. L 179/36, 19.06.2014;
Regulation (EC) No 1782/2003. 882/2004 of 29 April 2004 on official controls performed to ensure the verification of compliance with the legislation on feed and food animal health standards and animal welfare, published in the official journal of the European Union (OJ) No. L 191, 28.05.2004;
Regulation (EC) No 1782/2003. 178/2002 of the Council of 28 January 2002 laying down the General principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures relating to the safety of food products, published in the official journal of the European Union (OJ) No. L 31, 01.02.2002.


General Chapter I.General Provisionsarticle 1. This regulation lays down the essential requirements on foodstuffs with geographical indications, appellations of origin and guaranteed traditional specialities (GTSS, DO and IG), the development and approval of specifications and conformity assessment procedures.
2. this Regulation shall not apply to spirit drinks, aromatized wines and the wine sector products, except wine Vinegars.
3. For the purposes of this regulation, the following notions signify: producer group-any association of producers or processors, regardless of the legal form of organization or its composition, which acts on the status of the Group and a productive activity for the products specified in the application for the EC type-approval specifications;
foodstuff-natural product of plant or animal origin, including bio-products and semi-finished products, processed and/or preserved, derived from natural ones;
raw-vegetable or animal origin, in their natural state, fresh or preserved products derived from the industrial processing thereof, and organic and inorganic substances containing or not containing additives, intended for animal consumption;
the conformity assessment body-a body that performs conformity assessment activities including calibration, testing, certification and inspection;
certification-certification carried out by a third party relating to the products, processes, systems and people;
certificate of conformity-evidence that a duly identified product has been subjected to conformity assessment procedures, and that, at the time of the evaluation, the product complies with the applicable requirements specified;
inspection-the design examination, examination of a product, process, plant and determine compliance with specified requirements or, on the basis of reasoning (reviews), with General requirements;
specificity-feature or set of features by which a foodstuff clearly distinguishes itself from other similar foodstuffs belonging to the same category;
approval-approval, under the authority conferred by law, value or authenticity of an act.


Chapter IINorme specific agri-food domain on obtaining products with a designation of origin, geographical indications and traditional specialty guaranteed 4. Obtaining foodstuffs with DO, IG and STG are carried out in accordance with legislative and/or regulatory for such products.
5. The specifications shall contain a detailed description concerning the method of obtaining the agricultural and food products, in accordance with the legislation in force.
6. Specific requirements that distinguish foodstuffs with DO, IG and STG foodstuffs belonging to the same category, similar characteristics or properties that offer added value as a result of agricultural and processing methods used for their production or of their place of production or marketing are presented in the specification of that product.
7. "appellation of origin" is a name that identifies a product: a) originating in a particular place, region or, in exceptional cases, a country;
b) whose quality or characteristics of which are exclusively or mainly due to a particular geographical environment with its own natural and human factors;
c) whose production is taking place in the defined geographical area.
8. "GI" is a name that identifies a product that meets the following requirements: a) originating in a particular place, region or country;
b) where a given quality, reputation or other characteristic can be attributed mainly to the geographical origin of the product;
c) when at least one of the stages of production takes place in the defined geographical area.
9. For a traditional speciality guaranteed agri-food product will meet the following requirements: a) is obtained from traditional raw materials; or b) is characterised by a traditional composition; or c) is characterized by a production and/or processing corresponding to a traditional type of production and/or processing 10. Obtaining foodstuffs with GI, DO and includes the following stages: STG-group (Association) in the defined geographical area;
-elaboration and presentation specifications by the producer group, the Ministry of agriculture and food industry (hereinafter the Ministry);
-EEC type-approval specifications for product and foodstuff with GI, DO and LEFT that is in accordance with the provisions of this regulation;

-filing and registration of designations of origin, geographical indications and traditional specialty guaranteed by the producer group to the State Agency for intellectual property, in accordance with the law. 66-XVI of 27 March 2008 on the protection of geographical indications, designations of origin and traditional speciality guaranteed;
-obtaining certificate of compliance of a foodstuff with DO, IG and LEFT, according to this regulation.


Chapter IIIElaborarea privindprodusele specifications may DO the IG with agri-food, and LEFT 11. Applications for EEC type-approval specifications of agri-food products with the IG, DO and STG may be submitted only by working with groups whose name is to be registered.
12. A natural or legal person may be treated as a group where it is shown that the following conditions are met: a) the data subject is the only manufacturer that wishes to submit an application for the approval of the specification;
b) in respect of protected designations of origin and protected geographical indications, geographical area has characteristics which differ appreciably from those of neighbouring areas or features of the product are different from those of neighbouring areas.
13. The product specification shall be prepared by the Group of producers (hereinafter Association) in the geographical area delimited by the IG, DO and LEFT, for agricultural products and foodstuffs.
14. Specifications concerning foodstuffs with GI, DO and LEFT shall be adopted at general meetings of the Association at least 2/3 of the votes of members.
15. Specifications for a foodstuff with DO, IG and STG (hereinafter specification) sets out the conditions relating to obtaining the products in question.
16. The specifications for a foodstuff with DO and IG contains information relating to: (a) the producer group's name);
b) name to be protected as a DO or IG, such as is used in the trade or in common parlance;
c) description of the product and raw material, detail on the method of obtaining a raw material or a foodstuff, according to legislative and/or regulatory;
(d) the delimitation of the geographical area) with topographic map of annexation;
e) facts justifying the link between the quality and characteristics of the raw product or foodstuff and the geographical environment with its inherent natural and human factors-for a designation of origin or a quality, reputation or other characteristics of the agricultural product and its geographical origin-for a geographical indication;
f) a description of foodstuffs or raw material indicating the organoleptic, physico-chemical and microbiological characteristics, that distinguish foodstuffs with DO and IG from other similar foodstuffs belonging to the same category;
g) description of the elements relating to packaging and packaging-related information when requesting Association establishes and provides sufficient justification, for which specific product, packaging must take place in the defined geographical area in order to preserve its quality, to ensure the origin or ensure control, in accordance with legislative and/or regulatory for the products concerned;
h) proof that a product is originating in the defined geographical area;
I) names and addresses of the competent authorities or bodies empowered to verify compliance with the specifications, as well as an indication of their mission;
j) specific rules for the labelling of the product.
17. The elaboration of the specifications may be guaranteed traditional specialities will keep in mind that traditional product to provide a traditional recipe specifies the place of processing by reflecting a traditional type of production and/or processing plant to have in the process of obtaining and processing operations handmade papers and demonstrate a way of working.
17.1. Type-approval specifications for STG shall not be permitted in the case of a product whose tradiţionalitate are mainly due to: a) origin or its geographical origin;
b) application of a technological innovation;
c) appearance of the product.
10.7. The specifications for a traditional speciality guaranteed shall contain: the name of the traditional specialty guaranteed) in one or more languages, with an indication of any language version of the name of the image is the subject of registration. If you are requesting registration of the name in a single language, the Group may provide that on the packaging/label will figure a mention that it has been obtained in accordance with the traditions of a region or country of origin;
b) product name for which registration is sought as a traditional speciality guaranteed;
c) description of the product is required to be registered as a traditional speciality guaranteed, an indication of the main qualities of organoleptic, physical-chemical and microbiological, defining its tradiţionalitatea, such as: appearance, consistency, color, taste, flavor, odor, contained in water, fat, protein, salt, acidity, density; specific bacterial flora, as appropriate;
d) description of the characteristics of the raw materials that do not contain any additives in their composition of food additives, colorings, flavorings, sweeteners, vitamins, minerals; the origin of the raw materials, as well as details of their principal qualities, organoleptic, physical-chemical and microbiological characteristics: appearance, consistency, color, taste, flavor, odor, contained in water, fat, protein, salt, acidity, density and bacterial flora;
e) description of the characteristics of the ingredients used in the manufacturing process, which is not present in the composition of food additives additives, colorants, flavors, vitamins, minerals, sweeteners, as well as the indication of ingredients used and the qualities of the organoleptic, physico-chemical and microbiological checks where appropriate;
(f) a description of the production method) applied by the producers, nature and characteristics description of the raw materials or ingredients used, the traditional technological process, indication of all phases of production, including operations performed manually with a focus on information allowing product differentiation that other products of the same type;
(g) a description of the essential elements) that define the specificity of the final product organoleptic qualities and, respectively: (color, taste, smell, flavor, consistency, appearance); physicochemical characteristics (water, protein, fat and other);
h) data, bibliographic records, with reference to the age of the product, which must demonstrate the transmission of a tradition from one generation to the next and showing historical connection to traditional product with the production site, or a statement of notoriety from a local associations of producers of traditional products;
     I minimum requirements) and procedures for evaluation of the specificity of the product;
j) specific rules for the labelling of the product.
18. The specifications for foodstuffs with DO, IG and STG will contain:-information about the cases of downgrading of the products concerned;
-the name and address of the notified bodies designated by the Government, to verify compliance with the product specification.


Chapter IVExaminarea and advising specifications may be relating to agri-food products with designation of origin, geographical indications and traditional specialty guaranteed 19. The Association shall submit to the Ministry of agriculture and food industry (hereinafter the Ministry) an application, in accordance with the annex. 1 to this regulation.
20. for the purposes of the examination and approval of the specifications, the application shall be accompanied by a file with the following documents: 1) a certificate of registration of the Association;
2) Statute of the Association;
3) extract from the minutes of the General Assembly, where it was adopted specifications;
4) three copies of the specification, signed by Association President with stamping;
5 the name and address of the producers), members of the Association of producers in the defined geographical area;
6) Declaration of conformity through the issuer shall ensure that the agri-foodstuffs with PGIS and PDOS, STGP is in accordance with the applicable essential requirements, according to the annex. 3 to this regulation;
7) a single document that will contain the main points of the specification: the name, the description of the product, including, where appropriate, the specific rules applicable to packaging and labelling, and a brief delineation of the geographical area, the description of the link with the geographical environment or geographical origin, as applicable, including, if appropriate, the specific elements of the description of a product or production method justifying the link, such as follows name: agri-food products to) with DO or IG;
b) description of the agricultural product or the foodstuff;
c) description of the product to which the designation applies to point a);
-the main elements in the product description, including the raw materials, dacг is the case as well as the main features of the physical, chemical, microbiological or organoleptic characteristics of the product;
-in order to identify the product to use the definitions and standards commonly used for the product in question;

-the description of the product, it will focus on the specific nature of the product, using units of measurement and comparison of common terms or techniques, not including technical characteristics inherent in similar products that type and binding legal requirements applicable to all products of that type.
If the IG will specify requirements regarding the quality or restrictions concerning the origin of the raw materials. such restrictions must be reasoned and justified in relation to the connection referred to in paragraph 16 (f);
d) specific Steps that must take place in the defined geographical area;
concise Delineation of e) geographical area the dusk a map demarcated area;
f) link with the geographical area:-where DO indicate the causal link between the quality or characteristics of the product and the geographical environment with its inherent natural and human factors inherent in that, including, if appropriate, items in the product description or production method justifying the link;
-in the case of the causal link between IG, geographical origin and, where appropriate, a specific quality, reputation or other characteristics of the product;
-It will specify which of the factors mentioned (reputation, a certain quality, other characteristics product) builds causal and will provide the information only in respect of the relevant factors, including, where appropriate, the elements in the product description or production method justifying the link.
21. the Working Group for the purpose of type-approval specifications for agri-food products with designations of origin, geographical indications and traditional specialities guaranteed (hereinafter-the Group) shall examine the application and dossier submitted in the case of compliance with the legislation in force, issuing a positive opinion for the purposes of type-approval specifications by the Ministry.
22. Where the result of the examination will be identified for the dossier complies with the legislation in force, within a period of 30 days from the date of the examination by the Working Party will notify the producer group changes were detected, indicating the proposals eliminate neconformităţilor.
23. The applicant will undertake corrective measures on liquidation of neconformităţilor within the period indicated by the Working Party, otherwise, the application for type-approval specifications for foodstuffs with DO, IG and STG guaranteed shall be rejected.
24. the period for the examination and approval of specifications by the Working Group shall not exceed 60 days from the date of registration of the application.
25. the members of the Working Group will ensure the security and confidentiality of the information obtained during the sessions of the examination specifications may be recognised in accordance with the law. 171-XIII from 06.07.1994 regarding commercial secrecy.
26. the Working Group shall convene its meetings as needed. The meetings are considered deliberative if the sitting at least assist 2/3 of the members, and the decisions of the Working Group, mentioned, shall be taken by open vote with a simple majority of members present at the meeting.
the Chairman of the Working Group) shall exercise the following powers:-shall convene and preside over the meetings of the Working Group;
-sign the opinions of the Working Group;
-provides information relating to the work of the Working Party on the management of the Ministry and other authorities of public administration;
b) Secretary of the Working Group shall have the following duties:-register applications for type approval specifications;
-receives and keeps purchasing;
-organise the meetings of the Working Group is convened;
-provides members of the working group with the package of documents to be examined in plenary sittings;
-keep track of the work of the secretariat and the work of the Working Group;
-publish on pag. the Web site of the Ministry of information with regard to the list of evidence relating to the type-approval specifications for foodstuffs with DO, IG and LEFT, according to the annex. 4 of this regulation.


Chapter VOmologarea privindprodusele specifications may DO with agri-food, GI and LEFT 27. The Ministry of agriculture and food industry emits an order relating to type-approval specifications and within 3 days shall notify the applicant of the approval for issuance of the order in question.
28. a copy of the approved specification is submitted to the producer group, and one copy shall be kept at the Ministry and the conformity assessment body.


VIEvaluarea chapter compliance specifications may be with respect to agri-food products with PDO, PGI and STGP 29. A designation of origin or geographical indication, traditional speciality guaranteed protected can be used only by persons who have the right of use of it in accordance with the law. 66 from 27.03.2008 concerning the protection of geographical indications, designations of origin and traditional speciality guaranteed.
30. Agri-food products marked with the indications "protected designation of origin", "protected geographical indication" or "traditional speciality guaranteed" can only be marketed if the specification has been the subject of a certificate of compliance.
31. The certificate of conformity for agri-food products with PDO, PGI and STGP is issued by a conformity assessment body accredited according to EN 17065 ' General requirements for bodies operating product certification system ", under the conditions laid down in this chapter.
32. The certification procedure shall include the following phases: 1) presentation of the application;
2) and analysis of the documents presented, and the decision on the application;
3) sampling and identification of the products;
4) evaluation of organoleptic characteristics;
5) issue the certificate of compliance or refusal of issuance of reasons for that.
33. The manufacturer requesting the certificate of conformity for the agro-food product with plug, PGI and STGP, will submit an application to a conformity assessment body to which it will annex the following documents: 1) a certificate of registration of the Association;
2) Statute of the Association;
3) a copy of the specification, signed by Association President with stamping;
4) an extract from the minutes of the General Assembly, where it was adopted specifications.
34. the examination of the dossier by the conformity assessment body shall be made within 30 working days from the day of registration of the application and consists in checking the veracity of information: 1) set out in the application and dossier;
2 compliance with the provisions of the specification);
3) conformity of organoleptic characteristics and physical-chemical properties of the sample of product with the specifications and with the legislation in force, with the annexation of the results to the file;
4) traceability of production of the product concerned.
35. In case of positive decision, the conformity assessment body shall issue a certificate of conformity.
36. If the results of the tests, the applicant shall forward the decision with the reasons therefor concerning the refusal to continue performing conformity assessment works.
37. In the case of a refusal to issue the certificate of conformity, adopted on the basis of the results of the tests relating to the requirements of security products, the conformity assessment body shall notify the National Agency for food safety.
38. the conformity assessment Bodies shall keep track of certificates of compliance issued, suspended, cancelled.
39. the conformity assessment body shall be done at least once a year a spot check of production and/or processing, and other spaces.
40. the conformity assessment Body shall draw up an inspection report drawn up in accordance with the annex. 5 of this regulation, every control, countersigned by the person responsible for the unit in question.
41. The unit will provide the conformity assessment body's accounts so that the trader and the conformity assessment body to obtain the following information: a) the supplier and, if different, the seller or exporter of the products;
b) nature and quantity of agri-food products and/or raw materials that have been delivered to the unit, and, where appropriate, the nature and quantity of all materials bought and the use thereof and, where relevant, the composition of compound feedingstuffs;
(c) requested) other information the conformity assessment body.
42. supervision of the use of registered names that describe the products placed on the market in accordance with the specification of tasks shall be made in accordance with the law. 105 from 13.03.2003 on consumer protection.


Chapter VIIModificarea a specification with agri-food privindprodusele DO, IG and STG 43. The Association may apply for approval of an amendment to the product specification, provided that the application filed, according to the annex 2 of this regulation, to describe and motivate the changes requested.
44. At the request of modification of specifications may be attached the following documents: a) the modified specification;
b evidence of alteration);
45. where the amendment involves one or more amendments are not minor, the specifications of the request for amendment shall follow the procedure set out in chapters IV to V of this regulation.

46. Where proposed amendments are minor, the Working Group decides to approve the request.
47. because an amendment to be considered minor if the specifications for foodstuffs with DO and IG, this amendment shall not: a) to refer to the essential characteristics of the product;
b) to modify the elements that establish the relationship between:-the quality or characteristics of the product and the geographical environment referred to in (b). item 7 (b));
-the link between a specific quality, reputation or other characteristic of the product and the geographical origin referred to in subparagraph (a). b) point 8 of this regulation;
c) include a change in the name or part of the name of the product;
d) to amend the demarcation of the geographical area;
e) to generate additional restrictions in respect of the marketing of goods or raw materials.
48. In order for an amendment to the specification for a designation of agri-food products with STG be considered minor it doesn't have: a) to refer to the essential characteristics of the product;
(b) introduce essential changes) of the method of production;
c) include a change in the name or part of the name of the product.
49. In the case of traditional specialties guaranteed, requests for approval of minor changes are accompanied by updated specification.
50. Examination of the application shall relate to the proposed amendment. The initial specification will compare in detail the proposed modified versions, in the case of each change.


Chapter VIIIRecunoaşterea the conformity assessment bodies operating product certification system 51. Conformity assessment bodies for the purposes of recognition products shall submit an application to the Ministry in accordance with the model specified in annex 4. 6, and a file that attests to the accreditation according to EN 17065 ' General requirements for bodies operating product certification system ".
52. The Ministry of agriculture and food industry will issue an order to recognize conformity assessment bodies accredited in the area covered within 5 working days.
53. the recognition of inspection and certification bodies shall be granted for the term of validity of the accreditation certificate issued by the National Accreditation Centre MOLDAC.
54. Certification bodies and conformity assessment that certifies products, processes and services, allow the representative of the Ministry of agriculture and food industry access to their offices and facilities.
55. evaluation and Certification Bodies that certify products, processes and services are transmitted to the Ministry of agriculture and food industry, by no later than 31 January each year, the list of producer groups check and control up to 31 December of the previous year, including the name and address of the producer Group type (manufacturer, processor), product type, date of registration, the date of certification.
56. evaluation and Certification Bodies that certify products shall send the Ministry of agriculture and food industry of any non-conformity or breach the data contained in the specification and sanction.


Chapter IXDeclasarea agroalimentarecu products protected designation of origin, protected geographical indication and traditional specialty guaranteed protected 57. Downgrading a consignment of foodstuffs with DO, IG and LEFT to do it, whenever it is found that the product has changed adversely organoleptic and physicochemical, disregarding the conditions established for the product concerned.
58. manufacturers may downgrade to own initiative a group of agri-food products with a designation of IG, DO and LEFT, with subsequent notification of the conformity assessment body within 3 working days from the moment of downgrading, which would include the date the downgrading, the identification data of the downgraded.
59. the conformity assessment body shall initiate the procedure for the assessment of a batch of product with designation of IG and STG DO, with a view to downgrading: 1) at the request of the Association of producers in the defined geographical area;
2) at the request of Bodies in charge with supervision and control according to law. 50 of the 28.03.2013 relating to official controls for the verification of compliance with the legislation on feed and food and with the rules of health and animal welfare.
60. A batch of foodstuff with DO, IG and STG can be downgraded by the conformity assessment body in the following cases: 1) if it is determined that the product does not meet the requirements laid down in the contract documents;
2) when the product has undergone negative changes in terms of quality;
3) if the product has been subject to unauthorized treatment or practice for this category of product.
61. The downgrading is performed on the basis of physico-chemical characteristics of the checks carried out in laboratories approved for testing and/or organoleptic characteristics on the basis of samples.
62. Where it becomes apparent from inspections need downgrading a foodstuff with GI, DO and LEFT, the conformity assessment body shall determine the category of the product to be reinstated and will communicate this decision to the holder of the product, within a maximum of 15 working days from the date of sampling.



Annex 1 Annex 2 annex 3 Annex 4 Annex 5 Annex 6