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Technical requirements of the EU market

1. SPECIFIC PRODUCTS LICENSING

Obtaining import licenses on specific products within the EU is not a measure intended to limit imports, but a measure of ensuring security and control. Such measures are mainly applied on certain agricultural products, textiles and steel.

These measures are applied individually on imported goods that cause or may cause damage to the EU economy and are expressed by temporary or extraordinary restriction of specific products import.

1.1 Textile products

The textile import regime into the EU is free. However, different systems of control and surveillance are applied for certain categories of textile products manufactured in certain countries.

The control process can be performed by means of:
- double-checking system (export license issued by the country of origin);
-
import license issued by the EU Member State.

Textile trade between Moldova and the European Union takes place under a bilateral agreement concerning trade in textile products. Moldovan textiles are no longer subject to quota regime.

Further information concerning textile trade is available on the web-pages of the Import Licenses Directorate.[1]

1.2 Steel products

The EU of specific steel products imports are regulated by different governmental control measures that can be implemented in the frame of EU prior surveillance or through the double-checking system with or without quantitative restrictions. Depending on the country of origin and the type of product, various schemes are applied.

Further information concerning the trade in steel products is available on the web-pages of the Import Licenses Directorate.[2]

Trade between Moldova and EU takes place under the Agreement in the form of a letter exchange between the European Community and Republic of Moldova establishing a double-checking system without quantitative restrictions on exports of steel products from Moldova to the European Community.

2. EXPORT OF DUAL-USE GOODS

By double-use goods shall be considered articles (products), including software and technology that can be used both in military as well as civilian purposes.

Here are some examples which allow understanding the differences between dual-use items and military items:
- A computer with a certain performance;
- Software with certain capacities;
- Electronic or mechanical component;
- A virus that occur naturally (e.g. Ebola);
- A chemical product sold on an industrial scale (e.g. Sodium cyanide);
-
Machine-tool or equipment for a nuclear power plant (e.g. Heat exchanger).

The European legal framework which sets out the requirements to dual use goods is the - Regulation (EC) no. 428/2009 of the Council on 5 May 2009 establishing a community regime for the control of exports, transfer, brokering and transit of dual-use items[3] and the Regulation (EU) No. 1232/2011 of the European Parliament and Council of 16 November 2011 amending the Regulation (EC) no. 428/2009 of the Council establishing a community regime for the control of exports, transfer, brokering and transit of dual-use items.[4]

The manufacturer/exporter should contact the Ministry of Economy, in case there is doubt regarding the classification of the product.

The Council Regulation comprises a common list of export-controlled goods and technologies to destinations outside the European Union. It is a common list of the 27 Member States, which is reviewed regularly (usually annually) through amending regulations.

The common list is divided into 10 categories (from 0 to 9) comprising different kinds of products controlled as follows:
- Category 0 substances, nuclear facilities and equipment;
- Category 1: Materials, chemicals, "microorganisms" and "toxins";
- Category 2: the processing of equipment (bearings, machine tools, ovens etc.);
- Category 3: electronics (electronic components, integrated circuits, control equipment, etc.);
- Category 4: computers (numeric type, hybrid);
- Category 5: Telecommunications and "information security"
- Category 6: Sensors and Lasers (acoustic, optical sensors, lasers, radar assemblies);
- Category 7: Navigation and Avionics (navigation systems, reception equipment etc.);
- Category 8: Marine (vehicles, electronic imaging systems, propellers);
- Category 9: Aerospace and Propulsion (engines, launch vehicles, missile stages etc.)

Each controlled product is classified and identified by an alphanumeric reference structured as follows: a number (from 0 to 9) - a letter (A to E) - 3 digits

Exemple: 1 C 350, 5 A 002

3. MANDATORY SAFETY REQUIREMENTS TOWARDS INDUSTRIAL GOODS IMPORTED IN EU

3.1 FIELDS OF REGULATIONS

All products available on the EU market, whether they are produced in the EU or in a third country must ensure a high level of protection of public interests, such as:
- Health and safety in general;
- Health and safety at work;
- Consumer Protection;
- Environmental protection and security.

The customs services of EU countries are obliged to ensure the product safety in case the products are exported to the EU from third countries.

3.2 GENERAL SAFETY REQUIREMENTS

The safety of products and respect for control of products placed on the EU market are carried out in accordance with the Regulation (EC) no. 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products.[5]

The regulation provides a framework for market surveillance relating to the products to ensure that these meet the requirements of security, the control of products from third countries and the existence of all accompanying documents.

The Directive 2001/95 / EC of 3 December 2001 concerning the general product safety[6] establishes general responsibilities for all manufacturers, for the placing on the EU market of products posing risks to consumers and the environment.

Are considered dangerous those products, which under normal or foreseeable conditions don’t bring danger or reasonable danger to humans or environment.

Under the General Product Safety Directive no. 2001/95 / EC was established the RAPEX[7] system (GPSD - General Product Safety Directive). The system includes all 28 EU Member States plus the three EFTA countries (Iceland, Liechtenstein and Norway) and the European Commission. It allows market surveillance authorities of the Member States to communicate quickly and effectively the information on dangerous products on the European market, so as to inform consumers about potential risks to their health and safety.

Safety requirements of products placed on the EU market

Hazardous products are considered any products of high risk in terms of consistency, application and specific operating requirements. For many products in addition to the general legal framework applies a specific security law. Out of these products are:
- Beauty products;
- Pharmaceuticals;
- Medical products used by humans;
- Veterinary medical products;
- Industrial products (chemicals, medical devices, electrical equipment, lathes, vehicles, personal protection means, etc.).

In the EU there are a number of directives that refer to specific goods presenting high danger:

1.The Directive 87/357 / EEC on the approximation of the laws of the Member States concerning products which, appearing to be other than they are endanger the health or safety of consumers.[8] It applies to products which, appearing other than they are, endanger the health or safety of consumers and are those which, although not food products, possess a form, odor, color, appearance, packaging, labeling, volume or size, such that it is likely be confused by consumers, especially children, with food and, therefore, placed in the mouth, sucked or swallowed, in which case this may involve risks and suffocation, poisoning, perforation or obstruction of the digestive tract.

2.Control measures of trade in hazardous chemicals - Regulation (EC) no. 649/2012 of the European Parliament and of the Council concerning the export and import of hazardous chemicals.[9]

3.Control measures on persistent organic pollutants (POPs) - Regulation (EC) no. 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117 / EEC.[10] The Regulation established the need for coordination and consistency in the implementation at Community level the provisions of the Rotterdam on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade, of Stockholm and Basel on the control of transboundary movements of dangerous wastes and their disposal, as well as participation in the development of the Strategic Approach to international chemicals Management (SAICM) within the United Nations.

4.The Regulation (EC) no. 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency[11] covers all chemicals: not only those that are used in industry but also substances used in everyday life, which are contained in the domestic household chemicals, paints, etc. as well as clothing, furniture and appliances.

5.Synthetic Detergents - Regulation (EC) no. 648 of 31 March 2004 on detergents establishes rules for ensuring the free movement of detergents and surfactants, ensuring at the same time, a high level of environmental and human health.[12]

6.Fertilizers - Regulation (EC) no. 2003/2003 on fertilizers, their admission to the EU market, labeling requirements marked "EC fertilizer" and their packaging.[13]

7.Substances that deplete the ozone layer – Regulation (EC) No 2037/2000 of the European Parliament and of the Council of 29 June 2000 on substances that deplete the ozone layer.[14]

Classification, packaging and marking of dangerous products

The classification, packaging and marking dangerous products and preparations is regulated in the EU, by acts which states:
- The level of potential hazard of chemicals produced or imported (classification of chemicals depending on their level of danger, for example, flammability, toxicity, carcinogenic characteristics);
- Labeling of chemicals in accordance with strict rules (ie hazard warning and guidance on the harmless use);
- Ensuring a safe packaging.

Below are nominated the EU documents related to this field:

- Council Directive 67/548 / EEC on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labeling of dangerous substances.[15]
- Directive 1999/45 / EC on the approximation of laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labeling of dangerous preparations.[16]
- Regulation EC 1272/2008 on classification, labeling and packaging of substances and mixtures.[17]

The control and management of waste

This area is subject to the following EU acts:

- Directive 2006/12/EC of the European Parliament and of the Council of 5 April 2006 on waste, establishes the basic requirements for a secure and environmental waste management designed to protect human health and the environment against harmful effects caused by the collection, transport, treatment, storage and disposal of waste management.[18]

- Directive 2008/98 / EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives, establishes measures to protect the environment and human health by preventing or reducing the adverse effects of waste generation and management and by reducing the overall impact of resource use and improving the efficiency of their use.[19]

- Regulation (EC) no. 1013/2006 of the European Parliament and of the Council of 14 June 2006 on waste shipment, which implements the Basel Convention establishes procedures and control regimes for the shipment of waste, depending on the origin, destination and route of the shipment, the type of waste transferred and the type of treatment to be applied at the destination.[20]

- Directive 1999/31 / EC of 26 April 1999 on the landfill of waste[21] and Council Decision of 19 December 2002 to set criteria and procedures for the acceptance of waste at landfills.[22]

- Directive 2000/76/EC of the European Parliament and of the Council of 4 December 2000 on the incineration of waste[23] and is applied to incineration plants, intended to prevent or minimize their negative effects on the environment and waste incineration in particular pollution by emissions into air, soil, surface water and groundwater, and the risks they pose to human health through the imposition of stringent operational conditions and technical requirements.

- Packaging waste: Directive 94/62 / EC of the European Parliament and of the Council of 20 December 1994 on packaging and packaging waste[24] aims to harmonize national measures concerning the management of packaging and packaging waste, on the one hand, to prevent any impact thereof on the environment in all Member States and third countries or to reduce such impact, thus providing a high degree of environmental protection, and, on the other hand, to ensure the functioning of the internal market and to avoid obstacles to trade and distortion and restriction of competition within the Community.

- Used vehicles: Directive 2000/53 / EC of the European Parliament and of the Council of 18 September 2000 on end of life vehicles[25] encourages the reuse of components which are suitable for reuse, recovery of components which cannot be reused, giving preference to recycling when possible from the ecological point of view without harming the requirements concerning vehicle safety and environmental requirements such as air emissions and noise control.

- Waste from extractive industries: Directive 2006/21 / EC of the European Parliament and of the Council of 15 March 2006 on the management of waste from extractive industries[26] provides measures, procedures and guidance to prevent or reduce as far as possible any adverse effects on the environment, particularly on water, air, soil, fauna and flora and landscape, as well as any risk to human health resulting from the management of waste from extractive industries. The directive covers the management of waste resulting from prospecting, extraction, treatment and storage of mineral resources and the working of quarries hereinafter referred to as "extractive waste".

[1] www.ec.europa.eu
[2] www.ec.europa.eu
[3] www.eur-lex.europa.eu
[4] www.eur-lex.europa.eu
[5] www.eur-lex.europa.eu
[6] www.eur-lex.europa.eu
[7] www.ec.europa.eu
[8] www.eur-lex.europa.eu
[9] www.eur-lex.europa.eu
[10] www.eur-lex.europa.eu
[11] www.eur-lex.europa.eu
[12] www.eur-lex.europa.eu
[13] www.eur-lex.europa.eu
[14] www.eur-lex.europa.eu
[15] www.eur-lex.europa.eu
[16] www.eur-lex.europa.eu
[17] www.eur-lex.europa.eu
[18] www.eur-lex.europa.eu
[19] www.eur-lex.europa.eu
[20] www.eur-lex.europa.eu
[21] www.eur-lex.europa.eu
[22] www.eur-lex.europa.eu
[23] www.eur-lex.europa.eu
[24] www.eur-lex.europa.eu
[25] www.eur-lex.europa.eu
[26] www.eur-lex.europa.eu

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This website has been prepared by the EU-funded project "Support to the DCFTA process in the Republic of Moldova" and implemented by the European Profiles S.A. led Consortium.
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