ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of April 8, 2014 No. 267

About approval of the Technical regulation about non-automatic weight measuring devices

Based on the Law No. 420-XVI of December 22, 2006 on technical regulation (The official monitor of the Republic of Moldova, 2007, Art. No. 36-38 141), with subsequent changes and amendments, and 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 non-automatic weight measuring devices it (is applied).

2. This Resolution becomes effective after 30 months from the date of publication in the Official monitor of the Republic of Moldova.

3. To the Ministry of Economic Development and digitalization before enforcement of this Resolution to develop to develop and approve the action plan on implementation of the Technical regulation about non-automatic weight measuring devices, except for Items 25-1-25-3, 27-1, 32, of 64, of 65, of 67, of 68, 70 and 71, which will become effective from the date of entry into force of the Agreement on assessment of conformity and the acceptability of manufactured goods between the Republic of Moldova and the European Union.

3-1. Presence in the market of non-automatic weight measuring devices which meet the requirements of regulations, applicable to them, for legislative metrology, to the introduction in operation of this resolution before expiration of approval of standard sample is allowed.

3-2. Before entry into force of the Agreement on assessment of conformity and the acceptability of manufactured goods between the Republic of Moldova and the European Union:

1) presence in the market and commissioning of the non-automatic weight measuring devices marked by SM mark of conformity put according to requirements of 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, the legal entity with location in the Republic of Moldova puts SM mark of conformity in case assessment of conformity of the non-automatic weight measuring devices intended for the national market is performed by acknowledged conformity assessment bodies by use of the procedures provided by Chapter III of the Technical regulation about non-automatic weight measuring devices. It is forbidden according to the conditions provided by this resolution, simultaneous drawing on the same gage of mark of conformity of SM and marking of SE;

3) provisions of this resolution to marking of SE are applied also to SM mark of conformity;

4) the Ministry of Economic Development and digitalizations recognizes the bodies performing assessment of conformity of the non-automatic weight measuring devices intended for the national market according to the procedures provided in Chapter III of the Technical regulation about non-automatic weight measuring devices;

5) requirements to notified conformity assessment bodies are applied also to acknowledged conformity assessment bodies which have similar legal regime, according to provisions of the Law No. 235/2011 on activities for accreditation and assessment of conformity. When holding procedures for assessment of conformity the acknowledged bodies performing assessment of conformity of non-automatic weight measuring devices constitute the test certificate of standard sample;

6) the list of acknowledged conformity assessment bodies for which specific requirements were acknowledged is published in the Official monitor of the Republic of Moldova.

3-3. Obligations and liability of the producer, his authorized representative, the importer or the distributor, physical persons or legal entities with the location in the Republic of Moldova concerning the non-automatic weight measuring devices which are present at the market and put into operation with the sign SM correspond the provided this resolution for non-automatic weight measuring devices with marking of SE.

4. To impose control over the implementation of this Resolution on the Ministry of Economic Development and digitalizations.

Prime Minister

Yury Lyanke

Countersigns: deputy. Prime Minister, Minister of Economic Affairs

Valery Lazer

 

Appendix

to the Order of the Government of the Republic of Moldova of April 8, 2014 No. 267

The technical regulation about non-automatic weight measuring devices

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.

I. Scope of application

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.

2. This Technical regulation is applied to all non-automatic weight measuring devices. For the purposes of this Technical regulation differentiate the following fields of use of non-automatic weight measuring devices:

a) determination of weight for commercial transactions;

b) determination of weight for calculation of duty, rate, tax, award, penalty, compensation, compensation or other similar payment;

c) determination of weight for application in some requirements of legal acts either in some provisions or for pronouncement of the expert judicial opinion;

d) determination of weight in medical practice from the point of view of weighing of patients for the purpose of monitoring, diagnostics and treatment;

e) determination of weight for production according to recipes of medicines in drugstores and determination of weight during the analyses which are carried out in medical and pharmaceutical laboratories;

f) determination of the price depending on weight for the purpose of direct sales to the population and packing of products;

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

 

II. General provisions

Section 1 of the Concept

3. For the purposes of this Technical regulation the following concepts are used:

the weight measuring device – the measuring device intended for determination of body weight by means of action on this body of gravity. Non-automatic measuring devices can also serve for determination of other sizes, quantity, parameters or characteristics of weight;

the non-automatic weight measuring device, the hereinafter referred to as device – the measuring device which requires participation of the operator during weighing;

provision in the market – provision of the device for distribution or use in the market within business activity, for remuneration or on a grant basis;

introduction on the market – the first emergence of the device in the market;

the producer – any physical person or legal entity which makes the device or for which the device is designed or made and which sells the corresponding device under the name or trademark;

the authorized representative – any physical person or legal entity registered in the Republic of Moldova or in the member state of the European Union, which received the written order from the producer to act from his name concerning specific objectives;

the importer – any physical person or legal entity registered in the Republic of Moldova or in the member state of the European Union which enters the device from the third country on the market of the Republic of Moldova;

the distributor – any physical person or legal entity in supply chain, other than the producer or the importer which provides the device 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 device;

the harmonized standard – according to the determination of the harmonized standard this in article 2 of the Law No. 20/2016 on national standartization;

accreditation – according to the definition given in article 2 of the Law No. 235/2011 on activities for accreditation and assessment of conformity;

national authority on accreditation – according to the definition given in article 2 of 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 the device are fulfilled;

conformity assessment body – the body performing activities for assessment of conformity including calibration, testing, certification and inspection;

the response – means any measure directed to return of the device which was already provided to the end user;

withdrawal – any measure directed to prevention of provision in the market of the device 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 device conforms to the applied requirements stated in the harmonizing legislation of the Union which provides drawing this marking on product.

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

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