ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of June 14, 2023 No. 386

About approval of changes which are made to some Orders of the Government (in the field of metrology)

Based on part (1) article 18 of the Law No. 235/2011 on activities for accreditation and assessment of conformity (The official monitor of the Republic of Moldova, 2012, Art. No. 46-47, 136), with subsequent changes, DECIDES: the Government

This resolution shifts Article 3 (1) - (2), Article 4, Article 5, Article 10, Article 12, Article 17 (2) and (4) - (5), Article 37 (8), Article 38, Article 39 (1) - (3) and Article 40 of the Directive 2014/31/UE of the European parliament and Council of February 26, 2014 about the harmonization of the legislation of state members on presence in the market of the non-automatic weighing devices (the reviewed version) published in the Official magazine of the European Union by L 096 of March 29, 2014; article 6a (4) and Article 7 (6) the Directive 76/211/CEE of Council of January 20, 1976 about rapprochement of the legislation of state members concerning determination of weight and amount of some previously packed up goods published in the Official magazine of the European Union by L 046 of February 21, 1976 with the last changes made by Regulations (EU) 2019/1243 European parliament and Council of June 20, 2019 about adaptation to articles 290 and 291 of the Agreement on functioning of the European Union of number of the legal acts providing use of the procedure of regulation with check; and also Article 14 (4), Article 39, Article 41, Article 42 (6) - (8), Article 43 (1) and (3) - (4) Directives 2014/32/UE of the European parliament and Council of February 26, 2014 about the harmonization of the legislation of state members on presence in the market of measuring instruments (the reviewed version) published in the Official magazine of the European Union by L 096 of March 29, 2014.

1. Approve changes which are made to some orders of the Government (in the field of metrology) (are applied).

2. This resolution becomes effective from the date of publication in the Official monitor of the Republic of Moldova.

Countersigns: Deputy Prime Minister, Minister of Economic Development and digitalizations

Dmitry Alayba

 

Approved by the Order of the Government of the Republic of Moldova of June 14, 2023 No. 386

Changes which are made to some Orders of the Government (in the field of metrology)

1. In the Order of the Government No. 267/2014 about approval of the Technical regulation about non-automatic weight measuring devices (Official monitor of the Republic of Moldova, 2014, Art. No. 92-98, 296), with subsequent changes, to make the following changes:

1) changes are made only in the text in Romanian;

2) in all text of the resolution and the Technical regulation:

a) words "Ministry of Economy and Infrastructure" in any grammatical form shall be replaced with words "The Ministry of Economic Development and digitalizations" in the corresponding grammatical form;

b) shall be replaced with words the words "marking of compliance of SE" and "SE mark of conformity" in any grammatical form "marking of CE" in the corresponding grammatical form;

c) changes are made only in the text in Romanian;

The text "Items 31, of 32, of 64, of 65, 70 and 71" to replace 3) in Item 3 of the resolution with the text "Items 25-1-25-3, 27-1, 32, of 64, of 65, of 67, of 68, 70 and 71";

4) in the Technical regulation:

a) to state formula of harmonization in the following edition:

"This technical regulation shifts the Directive 2014/31/UE of the European parliament and Council of February 26, 2014 about harmonization of the legislation of state members on presence in the market of the non-automatic weighing devices (the reviewed version) published in the Official magazine of the European Union by L 96 of March 29, 2014.";

b) changes are made only in the text in Romanian;

c) state Item 1 in the following edition:

"1. This Technical regulation establishes requirements to non-automatic weight measuring devices (further - devices), and also conditions of their introduction on the market and commissioning.";

d) in Item 2:

change is made only in the text in Romanian;

in the subitem f) words of "production of packaged goods" shall be replaced with words "packing of products";

add with the subitem g) the following content:

"g) all other areas, except for provided in subitems and) - f)";

e) state Chapter II in the following edition:

"II. General provisions

Section 1 of the Concept

3. In this Technical regulation the terminology determined in the Law No. 19/2016 on metrology, the Law No. 235/2011 on activities for accreditation and assessment of conformity, the Law No. 7/2016 on supervision of the market concerning realization of nonfood products, the Law No. 20/2016 on national standartization and also the following concepts is used:

the weight measuring device - the measuring device for determination of body weight using gravity of body. Also non-automatic measuring device can serve for determination of other sizes, quantity, parameters or characteristics of weight;

the non-automatic weight measuring device - the measuring device which requires intervention of the operator during weighing.

The Section 2 Provision in the market and commissioning

4. Devices can be provided in the market only in case of their compliance to the applied requirements provided in this Technical regulation.

5. Devices can be put into operation in the areas provided in subitems a) - f) Item 2, only in case of their compliance to requirements of this Technical regulation.

6. The devices put into operation in the areas provided in subitems a) - f) Item 2, shall conform to constantly applied requirements of these Technical regulation.

Section 3 Main requirements and free movement

7. The devices used or held for use in the areas provided in subitems a) - f) Item 2, shall conform to the main requirements provided in appendix No. 1.

If the device includes the device or is connected to devices which are not used or are not held for use in the areas provided in subitems a) - f) Item 2, compliance of these devices to the main requirements is not necessary.

8. Provision in the market of the devices conforming to the requirements of this Technical regulation applied to them cannot be exposed to restriction.

Commissioning of the devices conforming to the requirements of this Technical regulation applied to them in the areas provided in subitems a) - f) Item 2, cannot be exposed to restriction.";

f) in Items 8-1-8-1, 8-6, in Items 8-8 and 8-9 - in the first case, in Items 8-10, 8-12, 8-19, 8-20, 8-22-8-24, 8-26, 8-29-8-32 and in Item 12 the text "provided in Item 2", "stipulated in Item 2", "specified in Item 2" to replace with the text "provided in subitems a) - f) Item 2";

g) in Item 8-7 to replace the text of "designation of type, batch or batch" with the text of "number of type, batch or series";

h) to add Section 5 of Chapter II-1 with Item 8-37 of the following content:

"8-37. The importer or the distributor is considered for the purpose of this Technical regulation manufacturer and shall carry out the obligations of the manufacturer established in Section 1 of Chapter II-1, when it enters on the market the device under the name or trademark or when makes changes to the device which was already entered on the market, therefore, that it can affect its compliance to this Technical regulation.";

i) add with Items 10-1 and 10-2 of the following content:

"10-1. The devices conforming to the Moldavian standards which accept the harmonized standards or to their parts, references to which are published in the Official magazine of the European Union, are considered conforming to the main requirements established in appendix No. 1, mentioned in the specified standards or their parts.

10-2. The list of the Moldavian standards which accept the harmonized standards specified is developed and affirms as Item 10-1, the order of the Minister of Economic Development and digitalization, is periodically updated and published in the Official monitor of the Republic of Moldova.";

j) add Item 12 with the following offer: "Marking of SE and additional metrological marking are applied on gage before its introduction on the market.";

k) add with Item 14-7 of the following content:

"14-7. Identification number of notified body is put with body, or, on its specifying, the producer or his authorized representative.

Marking of SE, additional metrological marking and identification number of notified body / identification numbers of notified bodies can be followed by any other designation which specifies extra risk or special use of the device.";

l) to add the name of Chapter V with the text "and control of the devices coming to the market, the procedure of protection";

m) after the name of Chapter V to add with the following text:

"The Section 1 procedure, applied at the national level to the devices representing risk";

n) in Item 19 of the word "shall inform on it" shall be replaced with words "shall inform on the taken measures";

o) after Item 25 to add with the text of the following content:

"25-1. The state inspectorate for supervision of non-food products and consumer protection provides immediate acceptance of the adequate rationing measures concerning this device, such as withdrawal of the device from the market.

Section 2 Procedure of Protection

25-2. If after completion of the procedure, specified in Items 21, 22 and 23, objections concerning the taken measures are pushed or if the European commission considers the measures taken at the national level contradicting the European Union law, the Ministry of Economic Development and digitalizations and the State inspectorate for supervision of non-food products and consumer protection, at the initiative of the European commission, participate in consultations with concerned parties and the appropriate business entities for assessment of the measures taken at the national level.

25-3. If the national measure is recognized reasonable, the State inspectorate for supervision of non-food products and consumer protection takes necessary measures for ensuring withdrawal from the market of inappropriate devices.

25-4. If the national measure is recognized reasonable, and discrepancy of devices is explained by the shortcomings of the harmonized standards specified in the subitem 2) of Item 25, the Ministry of Economic Development and digitalizations informs on it the European commission.

Section 3 the devices Conforming to requirements which represent risk";

p) after Item 27 to add with the text of the following content:

"27-1. The state inspectorate for supervision of non-food products and consumer protection informs the Ministry of Economic Development and digitalizations on all available details in particular concerning the data necessary for identification of the device representing risk, on origin and supply system of this device, nature of the revealed risks, and also nature and duration of action of the taken measures.

27-2. The Ministry of Economic Development and digitalizations reports to the European commission the data provided in Item 27-1.

Section 4 Formal discrepancy";

q) add Item 33 with the text: ", founded according to the Law No. 235/2011 on activities for accreditation and assessment of conformity";

r) in Item 35 of the word of "Minister of Economic Affairs" shall be replaced with words "the Minister of Economic Development and digitalizations";

s) in Item 36 the text "in Item 35 of this Technical regulation that proves to be true by means of accreditation according to the Law No. 235 of December 1, 2011 on activities for accreditation and assessment of conformity" to replace with the text "in Items 37-55".

2. In the Order of the Government No. 907/2014 about approval of General regulations of legislative metrology concerning packing depending on the weight and amount of a certain packed-up products (Official monitor of the Republic of Moldova, 2014, Art. No. 333-338, 975), with subsequent changes, to make the following changes:

1) in all text of the resolution of the word "Ministry of Economy and Infrastructure" in any grammatical form shall be replaced with words "The Ministry of Economic Development and digitalizations" in the corresponding grammatical form;

Formula of harmonization to state 2) in the following edition:

"These Regulations shift the Directive 76/211/CEE of Council of January 20, 1976 about rapprochement of the legislation of state members concerning determination of weight and amount of some packed-up products published in the Official magazine of the European Union by L 046 of February 21, 1976 with the last amendments made by Regulations (EU) 2019/1243 European parliament and Council of June 20, 2019 about adaptation to articles 290 and 291 of the Agreement on functioning of the European Union of number of the legal acts providing use of the procedure of regulation with check.";

3) to add Regulations with Items 18 and 19 of the following content:

"18. The national institute of metrology participates in meetings of the Working group of WG 6 of the European cooperation in the field of legislative metrology of WELMEC which is authorized to develop the documents relating to the rules established in appendices No. 1 and No. 2.

19. At the request of the European commission the Ministry of Economic Development and digitalizations informs on the national legal system accepted in the field of, regulated by these Regulations.";

4) in appendix No. 1:

a) in the subitem 3) of Item 1 of the word "and also it is sold" to exclude;

b) 1) of Item 7 to add the first offer of the subitem with the following text: ", according to regulations of the Order of the Government No. 909/2014 on approval of legalized units of sizes";

c) changes are made only in the text in Romanian;

d) in Item 16 "these Regulations" to replace the text with the text: "these regulations, and also these Regulations";

e) add with Item 20 of the following content:

"20. Statistical control of selection is exercised according to accepted standards of quality control. Its efficiency shall be comparable to efficiency of the standard method specified in appendix No. 2.";

Item 6 of appendix No. 2 after the word of "units" to add 5) with words of "the packed-up products".

3. In the Order of the Government No. 408/2015 about approval of the Technical regulation about ensuring presence in the market of measuring instruments (Official monitor of the Republic of Moldova, 2015, Art. No. 177-184, 471), with subsequent changes, to make the following changes:

1) in all text of the resolution and the Technical regulation:

a) shall be replaced with words the words "SM mark of conformity" and "sign SM" in any grammatical form "marking of compliance of SM" and "marking of SM" in the corresponding grammatical form;

b) words "Ministry of Economy and Infrastructure" in any grammatical form shall be replaced with words "The Ministry of Economic Development and digitalizations" in the corresponding grammatical form;

2) in the Technical regulation:

a) to state formula of harmonization in the following edition:

"This Technical regulation shifts the Directive 2014/32/EC of the European parliament and Council of February 26, 2014 about harmonization of the legislation of state members on presence in the market of measuring instruments (the reviewed version) published in the Official magazine of the European Union by L 96 of March 29, 2014.";

b) declare Item 14 invalid;

c) add with Item 64-1 of the following content:

"64-1. Measuring instruments are considered corresponding to the proper testing provided in the subitem 9) of Item 71, if the program of testing is carried out according to the applied regulating documents provided in Items 62-64, and if results of testing prove compliance to the main requirements.";

d) "in Item 62" to add Item 65 after the text with the text", or the regulating document provided in Item 63";

e) add with Item 147-1 of the following content:

"147-1. Conformity assessment bodies can participate directly or by proxy the representative in activities of sectoral group of notified bodies whose candidacy is agreed with the European commission.";

f) to state the name of Chapter XXIII in the following edition:

"Chapter XXIII Supervision of the market and the procedures applied at the national level to gages which represent risk";

g) add with Item 147-2 of the following content:

"147-2. To the gages falling under action of this Technical regulation provisions of the Law No. 7/2016 on supervision of the market are applied to realization of nonfood products.";

h) add with Items 155-1-155-3 of the following content:

"155-1. If the procedure provided in Item 151, the State inspectorate for supervision of non-food products and consumer protection through the Ministry of Economic Development is initiated and digitalizations informs the European commission on any taken measures and the available additional information about discrepancy of the researched gages, and in case of disagreement with notified state member measure represents the objections.

155-2. If within three months from the date of receipt of information specified in Item 154, the European commission does not represent objections against the temporary measures taken by the State inspectorate for supervision of non-food products and consumer protection, the specified measures are considered as reasonable.

155-3. The state inspectorate for supervision of non-food products and consumer protection takes necessary prohibitive measures concerning the considered gage, in particular withdrawal of gage from the market.";

i) state Items 156 and 157 in the following edition:

"156. If after completion of the procedure, specified in Items 152-154, objections concerning the taken measures are pushed or if the European commission considers the measures taken at the national level, contradicting any regulation of the European Union, the Ministry of Economic Development and digitalizations and the State inspectorate for supervision of non-food products and consumer protection at the initiative of the European commission participate in consultations between the involved parties and the appropriate business entity for assessment of the measures taken at the national level. Based on results of the carried-out assessment the European commission informs the Ministry of Economic Development and digitalizations on whether the national measure is reasonable, and the last, in turn, reports about it to the specified business entity.

157. If the national measure is recognized reasonable, the State inspectorate for supervision of non-food products and consumer protection takes all necessary measures for withdrawal from the market of inappropriate gage. When the national measure is recognized unreasonable case, such measure is cancelled.";

j) add with Item 157-1 of the following content:

"157-1. If the national measure is recognized reasonable, and discrepancy of gage is explained by shortcomings of the harmonized standards or regulating documents specified in Item 155, the Ministry of Economic Development and digitalizations informs on it the European commission.".

 

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