3.100.  The WTO Notification and Information Centre under ANSA is the SPS enquiry point, while the Ministry of Economy is the national notification authority of SPS measures to the WTO.[178] During the review period, the Republic of Moldova notified 12 regular and 4 emergency SPS measures. Apart from emergency notifications, 4 out of 12 notifications specified the multilaterally recommended 60‑day period for public comment. The Republic of Moldova considered that 13 notified measures conformed to existing applicable international standards; the Republic of Moldova also identified 8 notified regular measures as trade‑facilitating. The Republic of Moldova supported, in the SPS Committee, a specific trade concern on the Russian Federation's import restriction on wine

3.101.  The four emergency SPS measures concerned imports of live poultry, poultry, and poultry meats from infected areas, on the grounds of preventing avian influenza. In addition, pork imports from Romania are prohibited[179], as an emergency measure.[180]

3.102.  The principal legislation for the SPS framework include Law No. 221/2007 on Sanitary‑Veterinary Activity, Law No. 306 of 30 November 2018 on Food Safety, and Law No. 228/2010 on Plant Protection and Phytosanitary Quarantine. With the entry into force of Law No. 306/2018 on Food Safety, the previous Law No. 113/2012 on Principle and General Requirement for Food Safety was repealed. The authorities note that the Moldovan SPS legal framework is aligned with the SPS regime of the European Union

3.103.  All imports of animals and products of animal origin are prohibited unless they are from a prior approved establishment in an EU member State. Imports of animals and animal products from other countries are possible if such imports are sourced from an ANSA‑approved establishment, where ANSA carries out on‑site inspection and audit. According to the authorities, establishments on the European Union's "third country establishment list"[181] are also required to be audited by ANSA if they intend to export animal and animal products to the Republic of Moldova. Imports must be accompanied by veterinary certificates complying with EU rules, or by export certificates specified in the bilateral agreements with the Republic of Moldova. The authorities note that sanitary and veterinary inspection requirements are identical for domestic products and imports. The Republic of Moldova maintains a control system harmonized with EU rules to facilitate its exports of animal and animal‑origin products to the European Union

3.104.  Imports of food, animals, and animal products are subject to sanitary control at the border.[182] In October 2018, a new Regulation (Government Decision No. 938/2018) on Goods Subject to Border Control by the National Food Safety Agency entered into force. The new regulation repealed the previous regulation (Government Decision No. 1073/2008); the authorities note that the new regulation ensures effective implementation of the one-stop‑shop principle, and enhances the efficiency of ANSA controls at the border. The official controls at the border involve documentary, identity, and physical check.[183] Imports and exports of animals and animal products must be notified to the border control post electronically on the Trade Control and Expert System (TRACES) at least 24 hours prior to the consignment's arrival at the border. As at end‑2020, the Republic of Moldova and the European Union had successfully harmonized 24 certificates that have already been uploaded to TRACES

3.105.  Imports of live animals are subject to prophylactic quarantine for a period not exceeding 30 days. The quarantine must be performed in designated facilities by ANSA. In the case that a communicable disease is detected or suspected in live animals or animal products during the border control, the entire consignment is returned to the country of origin. When unfeasible, the consignment will be destroyed or the animal will be slaughtered at the border

3.106.  Certain plants and plant products must comply with phytosanitary requirements. Control procedures on imports of plants are similar, in principle, to those applicable to animal origins.[184] Importers must notify the border inspection posts electronically through TRACES. Phytosanitary certificates are required for goods subject to phytosanitary control. The frequency of controls may be reduced for products from specific countries, based on risk profiling

3.107.  The Maximum Residue Limits (MRLs) are prescribed in various Government Decisions, for example, Government Decisions No. 1191/2010 for pesticides, No. 115/2013 for nitrates, No. 520 of 2010 for contaminants, No. 221/2009 for microbiological criteria, and No. 229/2013 for additives. The authorities note that the MRLs enforced in the Republic of Moldova are set according to the recommendation level of international standards

3.108.  There is legal framework regulating release of genetically modified organisms (GMOs) into the environment. The authorities state that a new law concerning the release of GMOs is being drafted; the authorities note that the draft law is aligned to the EU Directive (2001/18/EC) on Deliberate Release into the Environment of Genetically Modified Organisms. There is no legislation pertaining to GMOs as food ingredients. With regard to GMO labelling, an approach of positive labelling is adopted, i.e. food and food additive ingredients that contain or are derived from GMOs must be listed

3.109.  For agricultural products (including processed products) marketed as "organic", the certification and control process is governed by Law No. 115/2005 on Organic Agri‑food Production, the Law's implementing regulation (Government Decision No. 1078/2008), and the Technical Regulation on Organic Agri-food Production and Labelling of Organic Agri‑food Products (Government Decision No. 1078/2008). Products, including imported products, that satisfy the conditions set forth in the legislative framework may apply to carry a national mark of "Organic Agriculture C Republic of Moldova".[185] Using the mark is voluntary. The Ministry of Agriculture and Food Industry is the competent authority regulating organic agricultural matters, and it holds the register of organic products

3.110.  The Republic of Moldova is a member of the Codex Alimentarius Commission, the World Organisation for Animal Health (OIE), the World Health Organization (WHO), and the International Plant Protection Convention (IPPC). The Republic of Moldova is also member of the European and Mediterranean Plant Protection Organization

3.99.  During the review period, the legal and institutional framework concerning SPS measures was updated. ANSA is the competent authority, responsible for the regulation and control in areas ensuring food safety and food quality, the maintenance of a system of public measures to ensure animal health and plant protection, the safety of food and raw materials, and the protection of consumers in the field of food.[177]

3.85.  During the review period, the Republic of Moldova modernized its legal and institutional framework concerning standards and technical requirements. On 8 April 2016, Law No. 20/2016 on National Standardization entered into force.[166] The authorities note that the Law on National Standardization is aligned with the European Union's Regulation No. 1025/2012 on European Standardization. Provided by the Law, the then National Institute for Standardization (INS)[167] was renamed as the Institute for Standardization of Moldova (ISM)[168]; the ISM is the national standardization body

3.86.  As set forth in the Law, in addition to Moldovan standards, the Republic of Moldova recognizes European standards[169], harmonized standards[170], international standards[171], and interstate standards.[172] Standards are voluntary. Non‑Moldovan standards must be adopted as Moldovan standards in order to be implemented in the Republic of Moldova.[173] In case of conflicts between a to‑be‑adopted non-Moldovan standard and an existing Moldovan standard, the previously conflicting Moldovan standard is to be withdrawn once the adoption process is completed. In January 2015, the Republic of Moldova decided to adopt European and international standards, wherever applicable, as Moldovan standards. According to the authorities, all applicable European standards have been adopted in the Republic of Moldova since 2018[174]; meanwhile, the standards incompatible with the adopted European standards were abolished. As of end-August 2021, more than 35,000 Moldovan standards were in force in the Republic of Moldova, 79.5% of which were adopted from European standards and 8.7% from international standards

3.87.  Other principal legislation concerning standard and technical requirements include Law No. 420/2007 on Technical Regulation, Law No. 235/2011 on Accreditation and Conformity Assessment, Law No. 7 of 26 February 2016 on Market Surveillance of Non-Food Products, and Law No. 19 of 4 March 2016 on Metrology

3.88.  The ISM formulates an annual National Standardization Program for developing Moldovan standards (including non-Moldovan standards adaptation). Any person, legal entity, government agency, or organization may submit proposals to ISM for developing/amending/revising a Moldovan standard. All draft standards including adoption of European or international standards are prepared by various standard technical committees, and published on ISM's website for a 60‑day comment period. Once a Moldovan standard is approved/adopted, a period of six months is usually given between the final publication and entry into force

3.89.  The Ministry of Economy is responsible for carrying out the national policy on technical regulation, standardization, metrology, and conformity assessment. The Ministry is also the Republic of Moldova's enquiry point and national notification authority for the TBT Committee. During the review period, the Republic of Moldova submitted 30 notifications to the WTO, covering standards for, inter alia, fuels, electrical equipment, pressure equipment, and cableway installations. The notifications normally specify a comment period of at least 60 days and a proposed date of adoption after the expiry of the comment period. During the review period, the Republic of Moldova also submitted a number of addenda, providing additional information on the adoption, entry into force, extension of comment period, and contents of the final text of previously notified TBT measures. No specific trade concerns on Moldovan measures have been raised in the TBT Committee

3.90.  Standards designated mandatory by Government Decisions are technical regulations. According to the authorities, the Republic of Moldova is implementing reforms with an aim to change its system of mandatory standards to the one where technical regulations are based on international or European standards and best practices. The Republic of Moldova uses the UNECE Recommendation for the harmonization of technical regulations. This recommendation provides a voluntary framework to facilitate the harmonization of horizontal technical regulations or those related to specific sectors and products. Law No. 420/2007 on Technical Regulation sets out regulatory objectives, applying international and European standards as a key element for the Republic of Moldova's harmonization. Under the Moldova‑EU Association Agreement, the Republic of Moldova replaces its national technical regulations with a harmonized regulatory system, and uses the European Union's New Approach to Technical Harmonization and Standardization as a reference framework for guiding the harmonization process. Also, the relevant EU acquis have been incorporated into Moldovan legislation, according to the authorities

3.91.  Under the "new approach", most of technical regulations contain "essential requirements" expressed in terms of performance-based indicators or objectives. Essential requirements define the results to be attained, or the hazards to be dealt with, without specifying any particular technical solution. Technical solutions to meet essential requirements under the "new approach" regulations are set out in the standards developed by international standardization institutions that are related to the regulation. The authorities are of a view that the "new approach" has proven to be more adaptive and encourages technology diffusion and innovation. There are some "old approach" technical regulations based on detailed product‑specific technical requirements

3.92.  Products, such as construction products, medical devices, and certain electrical equipment, toys, machinery, lifts, and household appliances, are subject to technical regulations[175], and thus subject to conformity assessment procedures commensurate with the level of risk associated with them. Manufacturers and traders must declare conformity, in the format of a conformity certificate or a conformity statement, prior to the product being marketed in or imported into the country

3.93.  The authorities note that the Republic of Moldova's conformity assessment procedures are designed in accordance with international standards and EU Directives. Conformity certificates must be issued by a Moldovan‑accredited conformity assessment body, an EU‑accredited certification body, or foreign‑accredited laboratories as recognized certification bodies covered under an MRA. The MRAs on certificates specify that these agreements are applicable only for the products manufactured within the countries of interest. The Republic of Moldova maintains bilateral MRAs with Azerbaijan, Belarus, Bulgaria, the Russian Federation, Ukraine, and Uzbekistan. The Republic of Moldova accepts certificates from EU member States. Inspection or testing reports by foreign‑accredited laboratories are acceptable for certification process

3.94.  The National Accreditation Centre of the Republic of Moldova (MOLDAC) is responsible for, inter alia, accreditation of testing and calibration laboratories, medical laboratories, and certification and inspection bodies, as well as accreditation of certification bodies for Quality Management Systems

3.95.  Conformity for imported products is not enforced, except for document verification, at the border by Customs. Instead, as per Law No. 7 of 26 February 2016 on Market Surveillance of Non‑Food Products, which entered into force on 26 February 2017, market surveillance operations are carried out by eight market surveillance authorities for technical regulation enforcement.[176]

3.96.  Product labelling is mandatory in the Republic of Moldova. The Law on Consumer Protection stipulates that product information must contain all relevant information needed so as to help the consumer make an informed decision when buying products. Data must be presented clearly, visibly, and legibly and written in Romanian or Russian languages; other languages and characters easily comprehensible to consumers are not excluded

3.97.  During the review period, the Republic of Moldova adopted a number of laws and regulations regarding product labelling requirements to align its provisions with the ones set forth in the European Union's directives and regulations. These instruments concern food, cosmetics, medicine, and pharmaceutical products

3.98.  The Republic of Moldova is a correspondent member of the International Organization for Standardization (ISO); an associate member of the International Electrotechnical Commission (IEC), a companion standardization body within the European Committee for Standardization (CEN) and the European Committee for Electrotechnical Standardization (CENELEC); and an observer to the European Telecommunications Standards Institute (ETSI)