48.  Since its previous TPR, Romania has continued to transpose various elements of the EC technical requirements into its domestic legal system by adopting legislation on, inter alia, accreditation and conformity assessment and metrology; and by transposing some sector-specific laws (e.g. low voltage electrical equipment, lifts, radio and telecom terminal equipment, toys, gas appliances, cableways, and construction products), and foodstuff regulations. According to the EC, Romania should now focus on developing the necessary administrative capacity to implement the acquis (including on foodstuffs and food safety); introducing mutual recognition clauses in its national legislation; and completing the EC transposition on, inter alia, chemicals, medical devices, firearms, and cultural goods.[56]

49.  Romania has accepted the Code of Good Practice for the preparation, adoption and application of standards.[57] The TBT national enquiry point is the Romanian Standards Association (ASRO).[58] Regarding sanitary and phytosanitary (SPS) measures, Romania now has two enquiry points: the National Sanitary, Veterinary, and Food Safety Authority, which became operational in 2004[59], and the Phytosanitary Division of the Ministry of Agriculture, Forests, and Rural Development (MAFRD).[60]

50.  Government Ordinances Nos. 38/1998 and 39/1998 (as approved by Laws Nos. 245/2002 and 355/2002), provide the main legal framework on product standards, testing, and certification. It is aimed at increasing the competitiveness and quality of exports; ensuring that they do not harm the environment and that they conform to health and safety norms; and ensuring equal treatment for imported and domestic products

51.  To separate standard setting from conformity assessment activities, two private associations, ASRO and the Romanian Accreditation Association (RENAR), were established in 1998.[61] ASRO, a non-governmental body under the guidance of the MEC, approves and publishes national standards. Its work programme is aimed at adopting international standards or developing equivalent Romanian standards.[62] ASRO participates in the activities of regional and international standardization bodies such as the European Committee for Standardization (CEN), the European Committee for Electrotechnical Standardization (CENELEC), the European Telecommunication Standards Institute (ETSI), the International Organization for Standardization (ISO), and the International Electrotechnical Commission (IEC). ASRO also offers assistance to commercial operators on national standards.[63]

52.  According to the authorities, Romania's standardization activities are based on both the CEN and the ISO/IEC Guides. There are about 250 Romanian technical committees that deal with the setting up of national standards. The standardization process starts with the insertion of a new work item proposal into the National Standardization Programme. Once elaborated, the proposed norm goes to public enquiry. It is then approved by the General Director of ARSO, before being published, and later notified to the WTO. According to the authorities, mandatory standards are in force for protecting life, health, security, the environment, and consumer interests

53.  Romania has continued harmonizing its national standards with international or regional standards, in particular with those of the EC. Currently, close to 90% of EC standards have been transposed as Romanian standards.[64] As of June 2005, a total of 28,395 standards were in force in Romania, of which 9,014 were national standards, 15,740 European standards, and 3,641 ISO and/or IEC standards. Technical regulations are applied to products for which safety is an issue, such as construction materials, medical devices, particular electrical equipment, etc. These products are subject to testing, certification or prior approval procedures

54.  RENAR is responsible for developing a national network of product certifiers and testing laboratories certified on the basis of the EC's EN 45000. Up to June 2005, RENAR had accredited 350 laboratories; 22 quality management system certification bodies; 9 environmental management systems certification bodies; 23 product certification bodies; 3 personnel certification bodies; and 11 inspection bodies. It is a full member of the European Cooperation for Accreditation (EA), the International Accreditation Forum (IAF), the International Laboratory Accreditation Cooperation (ILAC), and a signatory of the Multilateral Recognition Agreement by EA.[65] Certification by bodies agreed by the EC is accepted by Romania. Otherwise, in the absence of mutual recognition agreements, foreign certification is not accepted by Romania

55.  Quality and environmental management certification has developed rapidly. According to a survey conducted by the ISO, 3,189 Romanian enterprises had been issued ISO-9000 certificates of quality management systems by the end of 2003 (compared with 214 in 1997); while 96 ISO-14001 certificates of environmental quality had been issued, compared with zero in 1997.[66]

56.  The MEC, through the Romanian Bureau of Legal Metrology (BRML), is responsible for applying government policy in the field of metrology.[67] On behalf of the State, the BRML carries out legal metrological control on measuring instruments and measurements. As a signatory to the Convention du Mtre in 1883, Romania has aligned its legislation with the EC's and international recommendations, including all the decisions taken by the Confrence Gnrale des Poids et Measures.[68]

57.  To ensure consumer protection, quality requirements apply to certain domestically produced and imported products sold on the domestic market; these are treated alike, except for the requirement that labels on imports must include a translation in Romanian of the main characteristics of the product (period of validity, possible interdiction of use, and main components). The Ministry of Health is responsible for quality requirements on medicines and products for human use (e.g. cosmetics, homeopathic treatments). Quality requirements for other products are the responsibility of the National Authority for Consumer Protection, in collaboration with the MEC

58.  The import, export and transit of live animals, animal products, and fodder are subject to prior authorization by the National Sanitary, Veterinary and Food Safety Authority (NSVFSA). These activities must be certified as meeting the standards established by the Authority.[69] The NSVFSA may impose temporary import bans as sanitary or phytosanitary measures. Romania continues to apply import bans on live animals (e.g. bovine, sheep, goats, and pigs) and some products thereof, from countries where foot-and-mouth-disease has been diagnosed (Table III.4).[70] In 2004, Romania notified the WTO of the temporary suspension of imports of live poultry and domestic live birds, other than poultry, from Members affected by the outbreak of highly pathogenic avian influenza.[71] Table III.4 Prohibition of imports and transit on SPS groundsa a The prohibitions concern imports and transit from countries that notified List A and B diseases to OIE. Source: Information provided by the Romanian authorities

59.  Romania's quarantine regime, and measures in place for the protection or control of plants and plant products are broadly harmonized with the EC's.[72] According to NSVFSA Order No. 46/2005, the quarantine period for imported animals is 30 days. The quarantine period on exports is 30 days for horses, and 6 days for sheep, goats, and cows. Imported plants and plant products listed in Government Decision No. 1619/2003 (Annex 5, part B) must be accompanied by a phytosanitary certificate. Plant health inspection of regulated plants and imported plants is carried out by phytosanitary inspectors at the border or by county phytosanitary units, when suspicious symptoms are found[73], or in the case of a monitoring plan and phytosanitary risk channels.[74] Health inspections for exports of plants and plant products are carried out by inspectors of the county phytosanitary units at the place of production. The inspectors deliver the phytosanitary certificate to accompany the consignment. If the results are not in compliance with Romania's legal provisions, one or more of the following measures are applied: removal of infected/infested produce from the consignment; imposition of quarantine regime until the laboratory results are available; movement authorization, under official control, to the industrial processing places; return of consignment; destruction

60.  Since its previous TPR, Romania has continued to align its SPS regulations with EC norms. Romania notified the WTO that a health certificate was necessary to import egg products into the country as from 1 July 2003, in order to transpose an EC Decision.[75] Moreover, Romania has adopted several pieces of implementing legislation recently, regarding food safety and foodstuffs, to comply with the acquis. In the area of food safety controls, a Protocol has been recently signed between relevant Ministries, the National Authority for Consumer Protection, and the National Sanitary, Veterinary, and Food Safety Authority to clarify their respective responsibilities

61.  Romania is a member of the World Organization for Animal Health (OIE) and the Codex Alimentarius Commission