of June 16, 2015 No. 408
About approval of the Technical regulation about ensuring presence in the market of measuring instruments
According to part provisions (1) Article 18 and line item of the 28th appendix 3 to the Law No. 235 of December 1, 2011 on activities for accreditation and assessment of conformity (The official monitor of the Republic of Moldova, 2012, Art. No. 46-47, 136) DECIDES: the Government
1. Approve the Technical regulation about ensuring presence in the market of measuring instruments it (is applied).
2. This resolution becomes effective after 24 months from the date of publication in the Official monitor of the Republic of Moldova.
3. To the Ministry of Economic Development and digitalization within 6 months from the date of entry into force of this resolution to develop and approve the action plan on implementation of the Technical regulation about ensuring presence in the market of measuring instruments, except for Items 65, of 94, of 96, 128-132, 136-139, 154-158, which will become effective from the date of entry into force of the law on ratification of the Agreement on assessment of conformity and the acceptability of manufactured goods between the Republic of Moldova and the European Union.
4. Ensuring presence in the market of measuring instruments which meet the requirements of regulations, applicable to them, for legislative metrology, to the introduction in operation of this resolution, expiration of approval of standard sample is allowed.
5. Before the date of entry into force of the law on ratification of the Agreement on assessment of conformity and the acceptability of manufactured goods between the Republic of Moldova and the European Union:
1) ensuring presence in the market and commissioning of the measuring instruments marked by marking of compliance of SM (further – SM marking), put according to the requirements established in the Law No. 235 of December 1, 2011 on activities for accreditation and assessment of conformity is allowed;
2) the producer or his authorized representative, physical person or legal entity with location in the Republic of Moldova, puts SM marking in case assessment of conformity of the measuring instruments intended for the national market is performed by acknowledged conformity assessment bodies by use of the procedures provided by Chapter XII of the Technical regulation about ensuring presence in the market of measuring instruments. It is forbidden in the conditions provided by this resolution, simultaneous drawing on the same gage of marking of compliance of SM and marking of SE;
3) provisions of this resolution are applied to marking of SE in addition to SM marking;
4) the Ministry of Economic Development and digitalizations recognizes the bodies performing assessment of conformity of the measuring instruments intended for the national market according to the procedures provided in Chapter XII of the Technical regulation about ensuring presence in the market of measuring instruments. The procedure of notification is performed after the procedure of recognition established in Chapter IV-1 of the Law No. 235 of December 1, 2011 on activities for accreditation and assessment of conformity;
5) requirements to notified conformity assessment bodies are applied also to the acknowledged conformity assessment bodies having similar legal status according to Law No. 235 provisions of December 1, 2011 on activities for accreditation and assessment of conformity. When holding procedures for assessment of conformity the acknowledged bodies performing assessment of conformity of measuring instruments constitute the test certificate of standard sample. Requirements to execution of certificates of examination of standard sample are similar to requirements to execution of certificates of examination of type of the EU;
6) the list including acknowledged conformity assessment bodies and their identification numbers is kept by the National center of accreditation "MOLDAC" and published on its official site.
6. Obligations and liability of the producer, his authorized representative, the importer or the distributor, legal entities, with the location in the Republic of Moldova, concerning the measuring instruments which are present at the market and put into operation under SM marking correspond to those that are provided by this resolution for measuring instruments under marking of SE.
7. To national institute of metrology to develop within 18 months from the date of publication of this resolution of regulation on legislative metrology for carrying out metrological checkings of the measuring instruments which are in operation which are subject of this resolution and to provide them for approval to the Ministry of Economic Development and digitalization.
8. To impose control over the implementation of this resolution on the Ministry of Economic Development and digitalizations.
|
Prime Minister |
Kirill Gaburich |
|
Countersigns: Deputy Prime Minister, Minister of Economic Affairs |
Stefan Christoph Brid |
Approved by the Order of the Government of the Republic of Moldova of June 16, 2015, No. 408
This Technical regulation shifts the Directive 2014/32/EU of the European parliament and Council of February 26, 2014 about harmonization of the legislation of state members concerning provision in the market of measuring devices (the reviewed version) published in the Official magazine of the European Union by L 96 of March 29, 2014 with the changes made by the Delegated directive (EU) 2015/13 of the Commission of October 31, 2014 published in the Official magazine of the European Union by L 3 of January 7, 2015.
1. The technical regulation about ensuring presence in the market of measuring instruments (further – the Technical regulation) establishes requirements to which measuring instruments, for ensuring their presence in the market and/or commissioning for the purpose of the measurements taken in areas of public interest, including health and safety of the population, public order, environmental protection, consumer protection, collection of payments and taxes, and also commercial transactions and transactions shall answer.
2. This Technical regulation is applied to the new gages for their introduction on the market made by the producer registered in the territory of the Republic of Moldova, and also to new measuring instruments or being in use, imported from other countries.
3. Legislative metrological control involves compliance to the essential requirements specified in appendix No. 1 to this Technical regulation.
4. In the areas of public interest which are subject to legislative metrological control only those gages which observe essential requirements are applied.
5. This Technical regulation represents special regulations concerning requirements to electromagnetic stability in sense of Item 5 of the Technical regulation "Electromagnetic Compatibility of the Equipment" approved by the Order of the Government No. 807/2015. Provisions of the Order of the Government No. 807/2015 are applied to the requirements connected with emissions.
6. The main state inspectorate for supervision of non-food products and consumer protection is responsible supervision body behind the market on ensuring compliance to the established and/or declared requirements to the products entered or which are present at the market. For prevention of presence in the market and/or commissioning of inappropriate gages the Main state inspectorate for supervision of non-food products and consumer protection cooperates with customs authorities of the Republic of Moldova.
7. No. 75 is excluded according to the Order of the Government of the Republic of Moldova of 19.02.2025
8. The importer or the distributor are considered as producer for the purposes of this Technical regulation and are subject to obligations which are assigned to the producer, according to Chapter VI of this Technical regulation when the gage is entered on the market under the name or under the sign or change the gage which is already entered on the market in such a way that it can affect compliance to requirements of this Technical regulation.
9. The economic agents participating in chain of supply and distribution take measures for ensuring presence in the market of measuring instruments which correspond to this Technical regulation.
10. Assessment of conformity of gages is exclusive obligation of the producer.
11. Each economic agent who enters on the market gage under the name or sign or changes gage in such a way that it can influence observance of requirements of this Technical regulation, it is considered the producer and, therefore, shall undertake obligations of the producer.
12. The distributors and importers participating in task of supervision of the market, the performed Main state inspectorate for supervision of non-food products and consumer protection, realization provide it all necessary information which belongs to gage, according to provisions of the existing legal acts which regulate activities of the state control and supervision of the market.
13. To gages which are entered on the market of the Republic of Moldova belonging to this Technical regulation, the regulations about supervision of the market provided by the Law No. 162/2023 on supervision of the market and products compliance are applied.
14. Ceased to be valid according to the Order of the Government of the Republic of Moldova of 14.06.2023 No. 386
15. The assessment procedures of compliance specified in this Technical regulation are performed by conformity assessment bodies, accredited and notified according to the Law No. 235 of December 1, 2011 on activities for accreditation and assessment of conformity (The official monitor of the Republic of Moldova, 2012, Art. No. 46-47, 136).
16. The conformity assessment bodies participating in assessment procedures of compliance, specified in this Technical regulation shall conform to mandatory requirements to the conformity assessment bodies established in Chapter XIX of this Technical regulation.
17. If the conformity assessment body is accredited according to the requirements provided in the reference standards approved by the order of the Minister of Economic Affairs, in this case they meet the requirements specified in this Technical regulation.
18. Conformity assessment bodies apply assessment procedures of compliance, without creating excessive burden for economic agents. Ensuring equality to economic agents in consecutive application of technical procedures for assessment of conformity is reached by means of proper coordination and cooperation between notified bodies.
19. This Technical regulation is applied to the gages specified in special applications No. 3-12 to this Technical regulation (further – special applications of measuring instruments), on counters of water (MI-00l), counters of gas and devices of transformation of amount (MI-002), counters of the active electric power (MI-003), heat meters (MI-004), measuring systems to continuous and dynamic measurement of amount of any liquids, except water (MI-005), automatic weight measuring devices (MI-006), taximeters (MI-007), material measures (MI-008), gages of the linear sizes (MI-009) and analyzers of exhaust gases (MI-0l 0).
20. For the purposes of this Technical regulation the following concepts are used:
gage – any device or system with measurement function regulated according to Item 19 provisions;
node – the material device specified as it in the appendices relating to measuring instruments which functions independently and which forms gage together with other nodes to which it is compatible, or to gage to which it is compatible;
legislative metrological control – control of functions of gage for accomplishment of measurements in the socially significant areas connected with health and safety of the population, public order, environmental protection and the rights of consumers, collection of duties and taxes, and also with correctness of transactions and commercial transactions;
the regulating document – the document containing the technical requirements accepted by the International organization of legislative metrology;
provision in the market – any provision of gage for distribution or use in the market within business activity, for remuneration or on a grant basis;
introduction on the market – the first provision of gage in the market;
commissioning – the first use of the gage intended for the final consumer in those purposes for which it intended;
the producer – any physical person or legal entity which makes gage or for which such gage is designed or made and which realizes this gage under the name or trademark or puts it into operation for own purposes;
the authorized representative – any physical person or legal entity registered in the Republic of Moldova, which received the written order from the producer to act from his name concerning specific objectives;
the importer – any physical person or legal entity founded in the Republic of Moldova and entering on the market gage from the third country;
the distributor – any physical person or legal entity in supply chain, other than the producer or the importer which provides gage in the market;
economic operators – the producer, the authorized representative, the importer and the distributor;
specifications – the document establishing technical requirements to which there shall correspond the gage;
the harmonized standard – the harmonized standard determined in the Law No. 20/2016 on national standartization;
accreditation – according to the definition given in the Law No. 235/2011 on activities for accreditation and assessment of conformity;
national authority on accreditation – according to the definition given in the Law No. 235/2011 on activities for accreditation and assessment of conformity;
assessment of conformity – process by means of which it is shown whether essential requirements of this Technical regulation to gage are fulfilled;
conformity assessment body – the body performing activities for assessment of conformity including calibration, testing, certification and inspection;
response – any measure directed to return of gage which was already provided to the end user;
withdrawal – any measure directed to prevention of provision in the market of gage from supply chain;
the harmonizing legislation of the Union – any European Union law harmonizing products sales terms;
marking of SE – marking by means of which the producer specifies that the gage conforms to all applied requirements stated in the harmonizing legislation of the Union which provides drawing this marking on product.
21. If there are special applications establishing essential requirements to components, then provisions of this Technical regulation shall be applied to such components.
22. Assessment of conformity of components is performed according to this Technical regulation. If components are present at the market separately and irrespective of gage, assessment of conformity is performed irrespective of this gage.
23. The measuring instrument shall meet the essential requirements established in appendix No. 1 and in the special application relating to this type of measuring instrument to this Technical regulation.
24. For the correct use of measuring instrument information specified in Item 9 of appendix No. 1 or in the corresponding special application gage type to this Technical regulation needs to be provided in Romanian.
25. Measuring instruments are present at the market and/or are put into operation, only if meet the essential requirements of this Technical regulation.
25-1. Provision in the market and/or commissioning of the gage conforming to requirements of this Technical regulation cannot be limited for the reasons following from this Technical regulation.
26. The gage shall meet the requirements regulating its commissioning which are proved by local climatic conditions. In that case according to the offer of National institute of metrology the order of the Minister of Economic Affairs sets the upper and lower limits of temperature, the corresponding table 1 of appendix No. 1 to this Technical regulation, humidity conditions (with or without condensation) and also if the gage is held for use in the closed or open space.
27. If for gage different classes of accuracy are determined:
1) the special applications relating to measuring instrument establish accuracy classes which will be used for specific applications in the heading "Commissioning";
2) in all other cases according to the offer of National institute of metrology the order of the Minister of Economic Affairs establishes accuracy classes which will be used for specific applications within certain classes provided that it is possible to use all classes of accuracy.
28. For the purposes of Item 27 of this Technical regulation at the request of the owner gages of the highest class of accuracy can be used.
29. At fairs, exhibitions, demonstrations or similar actions representation of the measuring instruments which are not corresponding to this Technical regulation is allowed provided that information is seen and accurately specifies that gages do not correspond and cannot be present at the market and/or to be put into operation until they are brought into accord.
30. When ensuring presence of measuring instruments in the market and/or commissioning producers shall guarantee that they were designed and made according to the essential requirements provided by the appendix No. 1 and special applications relating to gages, this Technical regulation.
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