ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of September 13, 2016 No. 1043

About modification and amendments in the Order of the Government No. 267 of April 8, 2014.

Based on part (1) Article 18 and line item of the 8th appendix No. 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 changes and additions which are made to the Order of the Government No. 267 of April 8, 2014. "About approval of the Technical regulation about non-automatic weight measuring devices" (are applied).

2. This resolution becomes effective on October 18, 2016.

Approved by the Order of the Government of the Republic of Moldova of September 13, 2016 No. 1043

Changes and additions which are made to the Order of the Government No. 267 of April 8, 2016.

1. In the Order of the Government No. 267 of April 8, 2016. "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 and additions:

1) in the resolution:

a) in Item 3 the text "the list of the interconnected standards and the plan of implementation of the Technical regulation about non-automatic weight measuring devices" to replace with the text "develop and approve the action plan on implementation of the Technical regulation about non-automatic weight measuring devices, except for Items 31, of 32, of 64, of 65, 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";

b) introduce subitems 3-1, 3-2 and 3-3 of the following content:

"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 compliance of SE;

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

4) the Ministry of Economics 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. 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, 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.";

2) in the Technical regulation about non-automatic weight measuring devices:

a) state preamble in the following edition:

"This Technical regulation partially shifts the Directive 2014/31/EU of the European Parliament and Council of February 26, 2014 about harmonization of the legislation of state members on presence in the market of non-automatic weight measuring devices (new edition), with the corresponding text for EEP, published in the Official magazine of the European Union No. L 96 of March 29, 2014";

b) change is made in the text in state language;

c) in Item 2 paragraph one to state in the following edition: "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:";

d) in Item 3 the text "No. 647-XIII of November 17, 1995" to replace with the text "No. 19 of March 4, 2016";

e) exclude the concepts "notified body", "acknowledged body", "SM mark of conformity";

f) in item 4 "1 and" to exclude syntagma, the word is "placed" to be replaced with the floor given", and the second offer to state in the following edition: "The non-automatic weight measuring devices used in the areas provided in Item 2 of this Technical regulation can be put into operation only in case they conform to the applied requirements of this Technical regulation, including the assessment procedures of compliance provided in Chapter III and have SE mark of conformity put according to provisions of Chapter IV of this Technical regulation.";

g) bring Items 4-1 and 4-2 of the following content:

"4-1. Representation in the market and putting into operation of the non-automatic weight measuring devices specified in Item 2 of this Technical regulation which meet the requirements of this Technical regulation, applicable to them, cannot be limited.

4-2. The importer or the distributor for the purposes of this Technical regulation carries out obligations and bears responsibility, assigned to the producer, in case of placement in the market of the non-automatic weight measuring device under his name or trademark or changes the device of the non-automatic weight measuring device which is already entered on the market in such a way that can affect its compliance to requirements of this Technical regulation.";

h) in Item 5 of the word "to the standards approved by the order of the Minister of Economic Affairs interconnected with this Technical regulation also cover the main requirements provided in appendix No. 1" shall be replaced with words "to the European harmonized standards, references to which are published in the Official magazine of the European Union, accepted as the Moldavian standards"";

i) in Item 6 "interconnected" to replace the word with the word of "Moldavian";

j) in Item 8 of the word and figures "appendix No. 5 to" shall be replaced with words also in figures to "Chapter VII";

k) add the text with Chapter II-1 of the following content:

"II-1 of the Obligation of economic agents

Part 1. Obligations of producers

8-1. In case of introduction on the market of non-automatic weight measuring devices, held for use in the areas provided in Item 2 of this Technical regulation, producers shall guarantee that they were designed and made according to the essential requirements provided in appendix No. 1 to this Technical regulation.

8-2. For non-automatic weight measuring devices, held for use in the areas provided in Item 2 of this Technical regulation, producers shall constitute the technical documentation provided by appendix No. 2 to this Technical regulation and perform the corresponding assessment procedure of compliance specified in Chapter III or dispose about its carrying out.

8-3. If compliance of the non-automatic weight measuring device, held for use in the areas provided in Item 2 of this Technical regulation, to the applied requirements of this Technical regulation by means of assessment procedure of compliance was confirmed, producers shall constitute the declaration of conformity and put marking of SE and additional metrological marking.

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