RESTRICTED WORLD TRADE
ORGANIZATIONWT/ACC/MOL/20/Rev.1
22 November 2000
(00-4969)
Working Party on the
Accession of MoldovaOriginal:  English
ACCESSION OF THE REPUBLIC OF MOLDOVA
Checklist of SPS Requirements and Compliance by the Republic of Moldova
Revision
The Ministry of the Economy and Reforms of the Republic of Moldova has submitted the
following revised Checklist of SPS Requirements and Compliance by the Republic of Moldova, with the
request that it be circulated to Working Party members.
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Checklist of SPS Requirements and Compliance by the Republic of Moldova
Moldova is currently bringing itself into  full compliance with the SPS Agreement.
Governmental Decision No. 408 of 27 April 2000 “On amending Governmental Decision No. 697 of
10 October 1995” was adopted in order to modi fy Annex 1 of Governmental Decision No. 697
establishing the Statute of the State Phytosanitary Quarantine Service; Governmental Decision
No. 816 of 12 December 1995 “On Sanitary-Epidemiol ogical State Supervision Rules” was abrogated
and a new Governmental Decision NR. 423 of  3 May 2000 was adopted. Law No. 1539-XII of
22 June 1993 “On veterinary activity” and Governmental Decision No. 378 regarding the Statute of
the State Veterinary Service were modified and submitted to the Government for approval.
Below are analysed Annex 1 as modifi ed by Governmental Decision No. 408 of
27 April 2000 and Governmental Decision No. 423 of 3 May 2000.
Description of the
principles and WTO
referenceCompliance by Moldova
1. Standstill: the
introduction of new
standards, animalhealth regulations and
food safety
regulations shall
conform to SPS
Agreement principles(generally agreed
principle in WTO
accession
negotiations).Moldova agrees that any introduction of new standards, animal health
regulations and food safety regulations will conform to SPS
Agreement. All such measures introduced since the onset of theaccession process have been in conformity with the SPS Agreement.
2. Establishment and
operation of a single
Contact Point for
Information (“enquiry
point”) (Article 7 andAnnex B.3).A single Contact Point for Information was created within the
Department of Standards, Metrology and Technical Supervision.
Law on TBT, Article 13:
1. An Information Center on Standardization and Certification has
been created in the Republic of Moldova which, at the request
of interested parties (bodies, natural and legal entities), will
supply information regarding:
(a) technical regulations, standards and other normative
documentation adopted, or in the process of preparation in the
Republic of Moldova;
(b) the conformity assessment procedures in force or supposed to be
applied on the territory within the Republic of Moldova;
…
(d) notifications, mentioned in art. 6 of the present law are
published in official journals.
Annex 1, Article 5:
The Main State Inspectorate on Phytosanitary Quarantine provides
answers to questions of domestic and foreign economic agents and
upon their request offers information on:WT/ACC/MOL/20/Rev.1
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Description of the
principles and WTO
referenceCompliance by Moldova
- any phytosanitary decision (amendment) adopted or proposed
on its territory;
- procedures of determining the risk and the corresponding level
of phytosanitary protection;
- commitment to, or participation of the Republic of Moldova or
its competent bodies within the territory of the country in
international or regional phytosanitary organizations, as well as
the texts of agreements and their amendments.
GD No. 423, Article 10:
The National Scientific Practical Center of Preventive Medicine of
the Ministry of Health is appointed responsible for providing, through
a single inquiry point, answers to all reasonable questions coming
from the WTO members, as well as for supplying pertinent
documents on:
- any sanitary regulation approved or suggested on is territory;
- the procedures of determining the risk and the corresponding
level of sanitary protection.
The Center is also responsible for membership to, or participation of
the Republic of Moldova or national competent bodies within the
country in international organizations or sanitary systems, as well as
the texts of the agreements and commitments.
3. Transparency:
notification and
access todocumentation
(Article 7 and Annex
B, also G/SPS/7):Annex 1, Article 5 and GD No. 423, Articles 8 and 10 outline WTO
compatible notification and transparency principles.
GD No. 423, Article 8, paragraph 1:
The State Sanitary-Epidemiological Service, as a structure of the
Ministry of Health of the Republic of Moldova, is appointed as a
Central Notification Authority responsible to notify the Secretariat ofthe World Trade Organization (WTO) on the changes of sanitary
measures and provide information on sanitary activities (see Annex 1,
Article 5 and GD No. 423, Article 10 presented above).
(A) identification of
authority responsible
for making
notifications to the
WTO and ensuring
transparencyobligations are met on
an ongoing basis
(Annex B.5 (b) and
Annex B.10);Annex 1, Article 6, paragraph (ii):
In case of absence of an international  standard, directive or
recommendation, or the contents of a standard, directive or
recommendation does not correspond to the contents of an
international standard, directive or recommendation, and can have asignificant effect on trade of other countries the Inspectorate:
ii. will notify the other countries on amendments, together with a
short description of the proposed regulation. Such notifications
are to be done during an early stage, when it is still possible tointroduce amendments, and when it is still possible to take intoWT/ACC/MOL/20/Rev.1
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Description of the
principles and WTO
referenceCompliance by Moldova
account comments.
GD No. 423, Article 9, paragraph (3) :In case of absence of an international  standard, directive or
recommendation, or in case the content of any suggested standard,
guideline or recommendation does not correspond to the contents of
an international standard, guideline or recommendation and can have
a significant effect on the trade of other member-countries of the
WTO, the Ministry of Health shall:
- notify, through the Secretariat, the other members on the
products included in the regulation, accompanying the notice
with a brief description of the object and the purpose of the
suggested regulation.
(B) establish guidance or
law requiring
publication of
proposed measures atan early stage for
comment (Annex B.5
(a));Annex 1, Article 6, paragraph (i):
In case of absence of an international  standard, directive or
recommendation, or the contents of a standard, directive orrecommendation does not correspond to the contents of an
international standard, directive or recommendation, and can have a
significant effect on trade of other countries the Inspectorate:
i. publishes an announcement in an early stage in order to allow
the other countries to get acquainted with the emerging changes
and corresponding regulations.
GD No. 423, Article 9, paragraph (2):
In case of absence of an international  standard, directive or
recommendation, or in case the content of any suggested standard,
guideline or recommendation does not correspond to the contents of
an international standard, guideline or recommendation and can have
a significant effect on the trade of other member-countries of the
WTO, the Ministry of Health shall:
- publish an early notice in such a way as to allow member-
countries of the WTO to take a first hand view of the emerging
changes and suggested regulations.
(C) provision in law or
administrative
procedure to provide
copies of proposedmeasures to WTO
Members (Annex B.5
(c)); andAnnex 1, Article 6, paragraph (iii):
In case of absence of an international  standard, directive or
recommendation, or the contents of a standard, directive orrecommendation does not correspond to the contents of an
international standard, directive or recommendation, and can have a
significant effect on trade of other countries the Inspectorate:
iii. will supply, at the request of other countries, copies of the
proposed regulation identifying  the elements that areWT/ACC/MOL/20/Rev.1
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Description of the
principles and WTO
referenceCompliance by Moldova
fundamentally different from the international standards,
directives or recommendations.
GD No. 423, Article 9, paragraph (4):
In case of absence of an international  standard, directive or
recommendation, or in case the content of any suggested standard,
guideline or recommendation does not correspond to the contents of
an international standard, guideline or recommendation and can have
a significant effect on the trade of other member-countries of the
WTO, the Ministry of Health shall:
- provide copies of the suggested regulations at the request of
other members, and whenever is possible, identify the elements
that differ from the  international standards, guidelines and
recommendations.
 (D) require in law or
administrative
procedure, areasonable period of
time for comment
from Members and
the public and
establishment of aprocess to take
comments into
account without
discrimination
(Annex B.5 (d)).Annex 1, Article 6, paragraph (iv):
In case of absence of an international  standard, directive or
recommendation, or the contents of a standard, directive or
recommendation does not correspond to the contents of an
international standard, directive or recommendation, and can have a
significant effect on trade of other countries the Inspectorate:
iv. will address, at the request of other countries, their written
comments and will keep the record of the results of discussions.
GD No. 423, Article 9, paragraph (5):
In case of absence of an international  standard, directive or
recommendation, or in case the content of any suggested standard,
guideline or recommendation does not correspond to the contents of
an international standard, guideline or recommendation and can have
a significant effect on the trade of other member-countries of the
WTO, the Ministry of Health shall:
- provide, in a timely manner, to other members of the  WTO
written comments, upon their request, in order to take into
consideration their comments and the results of discussions.WT/ACC/MOL/20/Rev.1
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Description of the
principles and WTO
referenceCompliance by Moldova
4. Necessity: measures
are applied only to the
extent necessary to
protect human, animal
or plant health(Article 2.2)Annex 1, Article 6 states that:
When establishing or sustaining phytosanitary measures in order to
achieve the respective level of phytosanitary protection, the
Inspectorate insures that these measures do not have a trade distortingeffect and that they are only those necessary for exerting the needed
level of phytosanitary protection as determined by the Law on
Phytosanitary Quarantine.
GD No. 423, Article 11:When establishing or sustaining sanitary measures to achieve the
necessary level of sanitary protection, the State Sanitary-
Epidemiological Service ensures that such measures are applied only
to the extent necessary to implement the level of sanitary protection,
in conformity with the Law on Health Care NR 411-XIII of 28 March
1995, the Law on Sanitary-Epidemiological Protection of PopulationNR 1513-XII of 16 June 1993, and other current laws and normative
documents of the Republic of Moldova.
5. Regulations Based on
Science: regulations
governing animal and
plant health and food
safety shall based onscientific evidence
(Articles 2.2, 3.3, and
5.2).Annex 1, Article 6 stipulates:
While determining the risk, there are taken into consideration the
existing scientific proofs, the methods and procedures of production,
inspection results, samples, the spread of plants diseases and weedspests, the existence of certain zones where there are no quarantine
objects, the conditions of the environment, quarantine regimes etc.
GD No. 423, Article 11:- on risk assessment, account is taken of available scientific
proofs; pertinent techniques and methods of work, pertinentinspection, sampling and testing methods, the spread of
diseases, existence of disease free areas, relevant environment
conditions or other treatments, potential damage caused by the
spreading of the disease, control or eradication expenditures,
relative efficiency of costs incurred to support other measures ofrisks limitation.
6. Harmonization: to the
extent possible,
members shall follow
international
standards, guidelines,
and recommendationsin establishing SPS
measures  (Articles
3.1, 3.3, and 3.4).Article 2 of Governmental Decision No.423 gives the definition of the
Harmonization principle:
(b) Harmonization is the establishment, recognition and application
of sanitary or anti-epidemic measures, common with those
applied in member-countries of the World Health Organization(WHO), members of WTO and of other international bodies.
Annex 1, Article 6 stipulates:The Inspectorate represents the interests of the state regarding
phytosanitary quarantine in competent international organizations andWT/ACC/MOL/20/Rev.1
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Description of the
principles and WTO
referenceCompliance by Moldova
will fully participate in  the activities of international organizations
and their subsidiary bodies, undertaking its activity on the basis of the
International Convention for Plant Protection, in order to promote
within these organizations the elaboration and periodical examination
of standards, directives and recommendations regarding all theseaspects of phytosanitary measures and their conformity with
international standards, directives and recommendations.
GD No. 423, Article 8:- the State Sanitary-Epidemiological Service represents the
Government’s interests regarding sanitary quarantine ininternational organizations and fully participates in the activities
of the competent international organizations and their
subsidiaries, particularly the World Health Organization, Codex
Alimentarius Commission, to promote periodic elaboration and
examination of standards, guidelines and recommendationsregarding all aspects of sanitary measures.
7. Equivalence:
members shall
recognize different
measures that achieve
the same level of
protection (Article 4).Annex 1, Article 6 stipulates:
The Inspectorate recognizes phytosanitary measures of other WTO
member-countries as equal, even when these differ from the domestic
ones. It recognizes the fact that using these measures, it is possible to
obtain an adequate level of phytosanitary protection for the Republicof Moldova. In such case the Inspectorate, upon request, shall be
granted the access for inspection, testing and other procedures.
GD No. 423, Article 12:
1. Ministry of Health of the Republic of Moldova accepts sanitary
measures of other member-countries of WTO as equivalent,
even if they differ from the domestic ones, if the exporting
country can objectively prove to the importing country that
sanitary measures proposed ensure an adequate sanitary level
for the Republic of Moldova.  In such cases the Ministry of
Health of the Republic of Moldova, upon request, shall begranted access for inspection, testing and other procedures.
8. Risk assessment:
developing scientific
evidence and
conducting risk
assessments to ensure
that measures arebased on science and
applied only to the
extent necessary to
protect health
(Articles 5.1, 5.2 and5.3).Article 6 of Annex 1 and Article 11 of GD No. 423 require that risks
be assessed and there be development of scientific evidence to ensure
that SPS measures are based on science and applied only to the extent
necessary to protect health (see point 5, above).WT/ACC/MOL/20/Rev.1
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Description of the
principles and WTO
referenceCompliance by Moldova
9. Regional conditions:
measures take into
account the regional
characteristics both of
the areas from whichproducts originate and
the areas for which
they are destined
(Article 6 and
Annexes A.6 and
A.7).Annex 1, Article 6 stipulates:
The Inspectorate will insure that the phytosanitary measures will be
applied in accordance with the phytosanitary characteristics of a
country, a part of the country, totally or partially for a large number ofcountries where the product has its origin and to which it is supplied.
While evaluating the phytosanitary characteristics of a region,
account will be taken of the level of expansion of pests and specific
diseases, the existence of programs for combating them and adequate
criteria or directives, which may be elaborated by the competent
international organizations.
GD No. 423, Article:The State Sanitary-Epidemiological Service:
- shall ensure that sanitary measures be adjusted to the local
sanitary characteristics.  While assessing sanitary characteristics
of the region, one should take into account the extent of specific
disease spreading, availability of programs aimed at disease
eradication or control, as well as adequate criteria or guidelineswhich can be developed by international competent
organizations.
10. Non-discrimination:
measures do not
arbitrarily or
unjustifiably
discriminate betweendifferent members or
between domestic and
foreign suppliers
(Article 2.3 and
Annex C.1 (a) and
(d).Annex 1, Article 6 states:
The Inspectorate insures that the phytosanitary measures would not
create discrimination between the countries members of WTO, where
there are similar conditions, including the territory of the Republic ofMoldova and other WTO members.
GD No.423, Article 11:- the State Sanitary-Epidemiological Service ensures that sanitary
measures shall not generate unjustified discrimination between
member-countries of WTO having similar or identicalconditions, including the Republic of Moldova and other
member-countries of WTO. Sanitary measures shall not be
enforced in a manner likely to be interpreted as a disguised
restriction to international trade.WT/ACC/MOL/20/Rev.1
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Description of the
principles and WTO
referenceCompliance by Moldova
11. Control, inspection
and approval
procedures: ensure
that procedures,
including systems forapproval of the use of
additives or for
establishing
tolerances for
contaminants in
foods, beverages or
feed stuffs complywith the Agreement
(Article 8 and Annex
C).Annex 1, Article 15:
All products and vehicles arriving to the Republic of Moldova from
other countries are subject to a phytosanitary quarantine control at the
border control offices, to laboratory expertise and depending on thecase to disinfecting process.
GD No. 423, Article 14:For any procedure related to verification and implementation of
sanitary measures, the State Sanitary-Epidemiological Service shall:
- ensure that relevant procedures be effected without unjustified
delay and in a manner no less favorable for imported goods than
for similar domestic goods;
- ensure that standard period for carrying out each procedure shall
be made public or, as requested, communicated to the personconcerned. The State Sanitary-Epidemiological Service shall
thoroughly examine the documentation for completeness and
informs the person concerned about any deficiencies;
- shall ensure that confidentiality of all information regarding
imported goods which resulted from or were provided inconnection with the control, inspection or approval be observed
in a manner no less favorable for imported goods than for
similar home produced goods, and in such a way as to protect
legal commercial interests.
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