ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of June 21, 2024 No. 433

About the control system and certification of ecological production, recognition of inspection bodies and supervision of their activities

Based on part (3) Articles 18, parts (4) Articles 19, parts (12) Articles 20, parts (6) Articles 24, Item d) parts (1) and parts (8) Articles 25, parts (3) Articles 26, parts (7) Articles 28, parts (2) Articles 29, parts (3) and (5) Articles 30, parts (8) Articles 32, parts (3) Articles 35, parts (2) article 36 of the Law No. 237/2023 on ecological production and labeling of ecological products (The official monitor of the Republic of Moldova, 2023, Art. No. 338-340, 596), the Government DECIDES:

1. Approve:

1) Regulations on rules of recognition of inspection bodies and supervision of their activities, according to appendix No. 1;

2) Regulations on rules of control and other measures for ensuring traceability and compliance concerning ecological production and labeling of ecological products, according to appendix No. 2.

2. To impose control of implementation of this resolution on the Ministry of Agriculture and the food industry.

3. Determine that:

1) appendix No. 1 becomes effective from the date of publication in the Official monitor of the Republic of Moldova;

2) appendix No. 2 becomes effective since January 1, 2025.

4. The authorization issued to inspection bodies based on the Order of the Government No. 149/2006 about enforcement of the Law on ecological agricultural production expires in end of validity of the certificate of authorization, but no later than July 1, 2025.

5. Before the date provided in the subitem 2) of Item 3:

1) registration of activities of operators of ecological agricultural industry will be performed according to regulations of appendix No. 3 to the Order of the Government No. 149/2006 on enforcement of the Law on ecological agricultural production;

2) ecological products and products of conversion can be exposed to procedures of inspection and certification by application of regulations of appendix No. 3 to the Order of the Government No. 149/2006 on enforcement of the Law on ecological agricultural production.

6. The national general catalog died, No. developed according to Items 83 and 84 of appendix 2, becomes effective since January 1, 2025.

7. The inspection bodies recognized by the European commission for conducting inspection and certification of ecological products in the territory of the Republic of Moldova for the purpose of its export to the European Union during recognition according to Item 3 appendices No. 1, to operators and/or groups of operators who will apply the standards of production estimated as corresponding to the rules applicable to ecological production specified in Chapters III and IV of the Law No. 237/2023 on ecological production and labeling of ecological products apply the control measures estimated as having equivalent or corresponding to the measures mentioned in Chapter V of the specified law, efficiency.

8. Subitem provisions 1) of Item 10 of appendix No. 1 become effective since January 1, 2026.

9. Till January 1, 2026 the transition period for fulfillment of requirements, stated in the subitem 1) of Item 10 of appendix No. 1 is provided to the inspection bodies having the main office in other country. During the transition period the relevant inspection body shall:

1) to observe the requirements provided in this Resolution, in particular requirements to information, stated in Section 1 of Chapter V;

2) to notify competent authority at least in 30 days on checks which need to be carried out at operators and groups of operators of the Republic of Moldova with whom they signed service provision agreements to give the chance to representatives of competent authority to participate in quality of observers;

3) to resolve carrying out audit and survey on site according to Item 76 of appendix No. 1 during stay in the Republic of Moldova and to provide to representatives of competent authority the corresponding documentation specified in subitems of 2)-4) of Item 76 of appendix No. 1.

10. From the date of entry into force of appendix No. 2 to declare invalid the third paragraph of Item 1 of the Order of the Government No. 149/2006 on enforcement of the Law on ecological agricultural production (The official monitor of the Republic of Moldova, 2006, Art. No. 31-34, 199), with subsequent changes.

Appendix №1

to the Order of the Government of the Republic of Moldova of June 21, 2024 No. 433

Regulations on rules of recognition of inspection bodies and supervision of their activities

This Provision shifts:

Article 38 (7), 40 and 46 Regulations (EU) 2018/848 of the European parliament and Council of May 30, 2018 about ecological production and about marking of ecological products, and also about cancellation of Regulations (EU) No. 834/2007 of Council (CELEX: 3202018R0848), the European Union published in the Official magazine L 150 of June 14, 2018, with the last changes made by the Delegated Regulations (EU) 2023/207 Commissions of November 24, 2022;

Article 1-6, 12-14, 17-20, of appendix No. I and No. II of the Delegated Regulations (EU) 2021/1698 Commissions of the July 13, 2021 supplementing Regulations (EU) 2018/848 European parliament and Council with procedural requirements for recognition of competence of monitoring bodies and inspection bodies to exercise control concerning the certified ecological operators, groups of the certified ecological operators and ecological products from the third countries, and also rules of supervision of these monitoring bodies and inspection bodies and behind checks and other actions which shall be performed by these monitoring bodies and inspection bodies (CELEX: 3202021R1698), the European Union published in the Official magazine L 336 of September 23, 2021, with the last changes made by the Delegated Regulations (EU) 2023/1686 Commissions of June 30, 2023;

Article 2 and appendix No. II of Regulations (EU) 2021/1378 Commissions of August 19, 2021 about establishment of certain rules concerning the certificate issued to operators, groups of operators and exporters from the third countries participating in import of ecological products and products of conversion in the Union and about establishment of the list of the monitoring bodies and inspection bodies recognized according to Regulations (EU) 2018/848 European parliament and Council (CELEX: 32021R1378), published in the Official magazine of the European Union by L 297 of August 20, 2021, with the last changes made by Implementation Regulations (EU) 2022/2240 Commissions of October 20, 2022;

The delegated Regulations (EU) 2021/1342 Commissions of May 27, 2021 supplementing Regulations (EU) 2018/848 European parliament and Council with rules about information which shall be sent by the third countries, and also monitoring bodies and inspection bodies for the purpose of supervision of their recognition according to parts (2) and (3) Article 33 of Regulations (EU) No. 834/2007 of Council concerning the imported ecological products, and also measures which need to be accepted within implementation of the corresponding supervision (CELEX 32021R1342) published in the Official magazine of the European Union by L 292 of August 16, 2021;

Implementation regulations (EU) 2021/1935 Commissions of November 8, 2021 making amendments to Executive regulations (EU) 2019/723 concerning information and data concerning ecological production and labeling of ecological products which shall be transferred with use of sample of standard form (CELEX 32021R1935) published in the Official magazine of the European Union by L 396 of November 10, 2021;

Implementation regulations (EU) 2023/1195 Commissions of June 20, 2023 establishing rules concerning details and format of information which shall be provided by the member countries which about results of investigations of cases of pollution are not permitted for use in organic production by products or substances (CELEX 32023R1195) published in the Official magazine of the European Union by L 158 of June 21, 2023.

Chapter I. General provisions

1. The regulations on rules of recognition of inspection bodies and supervision of their activities (further - the Provision) establish:

1) the rules concerning procedural requirements for recognition of inspection bodies competent to exercise control concerning the certified ecological operators, groups of the certified ecological operators and ecological products, and also establishment of the list of the inspection bodies recognized in this sense;

2) rules of supervision of the relevant inspection bodies and measures taken within implementation of the corresponding supervision;

3) the rules concerning the measures applied by competent authority when implementing the corresponding supervision including suspension or withdrawal of recognition of acknowledged inspection bodies;

4) the rules concerning powers for purpose of control and other actions which shall be performed by the relevant inspection bodies;

5) the rules concerning information which shall be transferred by inspection bodies for the purpose of supervision of recognition of these inspection bodies;

6) the rules concerning exchange of information and the data connected with ecological production and labeling of ecological products, and also detail and format of information on results of the investigations connected with pollution cases products or substances which are not permitted to use in ecological production which shall be provided to competent authority for creation of the general report.

2. The purpose of this provision is:

1) strengthening of capacity of inspection bodies on implementation of effective control over the operators making ecological products, for ensuring correctness performed and for guarantee of integrity of ecological products;

2) ensuring exchange of information for the purpose of implementation of powers on supervision of the inspection bodies operating in the territory of the country and also for the purpose of information collection and data on evolution of the sector of ecological agricultural industry in the country;

3) provision to consumers of guarantees that products labeled as ecological products are received according to provisions of regulations in the field of ecological production.

Chapter II. Rules and recognition criteria of inspection bodies for the purpose of certification of ecological products

3. Based on part (1) article 35 of the Law No. 237/2023 on ecological production and labeling of ecological products (further - the Law No. 237/2023), competent authority recognizes accredited inspection bodies which have competence to exercise control in the field of ecological production, to issue the certificate, and, if necessary, withdraws recognition of such inspection bodies.

4. For recognition of inspection bodies, the competent authority creates the Commission on recognition of inspection bodies. Conditions of the organization and activities of the Commission on recognition and its structure are regulated by provision the approved competent authority.

5. The individual administrative act about recognition or, in appropriate cases, about expansion, restriction, suspension or withdrawal of recognition shall contain for each inspection body information on full name, the location, areas for which it was acknowledged identification code of inspection body, the detailed description of the carried-out control and other activities, including obligations according to the reporting and other special obligations, and also conditions under which the inspection body can carry out them.

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