RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/MOL/22
23 June 1999
(99-2563)
Working Party on the
Accession of MoldovaOriginal:  English
ACCESSION OF THE REPUBLIC OF MOLDOVA
Analytic Note Listing Moldovan Legislation, Decrees, Decisions and Regulations
Relevant to the WTO Legal Texts:  Status of Draft Legislation and Draft Amendments
The Ministry of the Economy of the Republic of Moldova has submitted the following Analytic
Note listing Moldovan legislation, decrees, decision s and regulations relevant to the WTO legal texts,
with the request that it be circulated to Working Party members.
_______________WT/ACC/MOL/22
Page 2
Analytic Note listing  Moldovan Legislation, Decrees, Decisions and
Regulations Relevant to the WTO Legal Texts: St atus of Draft Legislation and Draft Amendments
The Government of Moldova is pleased to submit to the WTO a list of current laws, decrees and decisions pertaining to its Forei gn Trade Regime.
The list also identifies draft laws, draft amendments to laws, and draft decisions currently in the process of being approved b y the Government and/or enacted
by Parliament. If the law, decree or decision has been translated into English, the English text is attached to this Note, even  when, as in many cases, the text
has previously been submitted to WTO. If there is currently no English version, this is indicated in the column “Notes” by the annotation “being translated”. It
is anticipated that the translation of the bulk of these texts wi ll be completed by the time of the next Working Party meeting on 19 July 1999: all texts will be
available in English by 1 August 1999.
The Government of Moldova is aware that some Members have expressed an interest in having an electronic version of all texts, i ncluding those
previously provided to the WTO Secretariat in hard copy only. The Government will be pleased to make available all texts referr ed to in this Note in
electronic form in the near future. Those texts previously submitted to WTO in hard copy only, but which will be provided on di sc in the near future, are
marked (*).
In considering the time likely to be required to enact draft le gislation, the following disciplines imposed by the Government s hould be borne in mind.
After a draft law is prepared by the Ministry primarily concerne d, two weeks are allowed for comments by other relevant ministr ies, two weeks for
consideration by the Ministry of Justice, and three weeks for consideration by the Government. Parliament normally enacts legis lation within seven weeks of
submission to it of a draft text.
Existing  Laws, Decrees and Decisions Draft Laws or Decisions Comments Notes
1. Law on the Government of the Republic of
Moldova  No. 64-XII, 31.05.90, amended by laws:
No.582-XII, 17.05.91
No.584-XII, 20.05.91
No.588-XII, 22.05.91
No.589-XII, 23.05.91(No.1091/23.07.92; No.1250/23.12.92;
No.1435/20.05.93; No.12/31.03.94;
No.37/05.04.94; No.128/27.05.94;
No.413/29.03.95; No.1086/24.01.97;
No.24/21.05.98; No.32/28.05.98.Copy attached *
( amendment –
being translated)
2. Law on Free Enterprise Zone ”Expo -Business- Copy attached,WT/ACC/MOL/22
Page 3Existing  Laws, Decrees and Decisions Draft Laws or Decisions Comments Notes
Chisinau” No. 625-X III. 03.11.95, amended by
1517-XIII/18.02.98amendments-being
translated
3. Law on and Enterprises and Entrepreneurial
activity No. 845-XII, 03.01.92, amended by
No.1148/04.08.92; No.159/29.06.94;
No.320/13.12.94; No.416/29.03.95; No.
672/28.11.95; No.753/29.02.96; No. 788/26.03.96;
No.1167/30.04.97; 1291/22.07.97;No.1322/25.09.97; No.1592/27.02.98;
No.183/28.10.98; No.237/23.12.98;
No.287/18.02.99.Copy attached*
4. Law "On Cooperation" No. 864-XII, 16.01.92,
amended by: No.788/26.03.96; No.1167/30.04.97;
No.1592/27.02.98; N179/28.10.98Copy attached*
5. Law on Privatization Program for 1997-1998 No.
1217, 25.06.97, (amended by No.1566/26.02.98;
No.187/06.11.98; No.237/23.12.98;
No.239/23.12.98; No.253/24.12.98Copy attached ,
amendments being
translated
6. Law on Reorganization of the Judicial System
No.853. 29.05.96, and amendments contained in:
Law No. 1043 dated 17.12.96 and Law No.1550dated 25.02.98Being translated
7. Law on Arbitration  No. 129- XIII,  31.05.94 Being translated
8. Law on Special Judicial Statute of the Gagauz-Yeri
No. 344, 23.12.94Being translated
9. Agreement on organizational basis of social-
economic cooperation between the Republic of
Moldova and Transnistria, 10.11.97, and Gov.
Decision on the implementation of the agreementNo. 996, 25 09.98Agreement attached
GD-being
translated
10. Article 76 of the Constitution of the Republic of
MoldovaProvides that no law, decision or
regulation may come into force without
prior publication. Laws, decisionsCopy attached*WT/ACC/MOL/22
Page 4
Existing  Laws, Decrees and Decisions Draft Laws or Decisions Comments Notes
regulations are currently published in the
monthly official journal "Monitorul
Oficial al Republicii Moldova".
11. Budget Law 1999 No. 216-XIV (12.12.98) Brought VAT and excise tax into
compliance with WTO (including as
regards trade with Russia and Belarusi)Copy attached
12. Draft of the Budget Law for
2000a) modifies the fee for customs
procedures from ad-valorem to fixed
rates based on cost;
b) provide financial support for Enquiry
Point within DSMTS.(see item 40)
This draft Law will be presented to the
Government on 1 October 1999, and will
become Law before the end of 1999.Being translated
13. Draft Gov. Decision on
approval of the Moldovan
Goods Classification
according HarmonizedCommodity Description and
Coding System (HS'96) of the
WCO.This documents will be presented to the
Government by the end of June 1999 and
will be approved by the Government until
September 1999.Being translated
14. Law on Concept of Privatization of the enterprises
in the electro-energetic sector No.63-XIV,
25.06.98 (Chapter III) and Gov. Decision creating
the National Energy Regulatory Agency  No. 767,11.08.97Provides for energy use tariff to be
calculated on the basis cost and create the
Agency to implement the law.Being translated
15. Draft Law on Foreign
Economic ActivityWas presented to the Government on May
1999, and is expected to be become law
before end of 1999.Being translated
16. Law on Import and Export Regulation of Goods
and Services  No. 188 26.07.90This law will be abrogated trough new
draft Law on Foreign Economic Activity,mentioned immediately aboveWT/ACC/MOL/22
Page 5Existing  Laws, Decrees and Decisions Draft Laws or Decisions Comments Notes
17. Decision on Improving the Mechanism of
Regulating Foreign Trade (Import Licensing)  No.
777, 13.08.97 amended by  Gov. Decision No. 76/
22.01.98 and by Gov. Decision 716/30.06.98This Decision replaced the Gov. Decision
on  Improving the Mechanism of
Regulation of Foreign Economic Activity
No. 371, 06.06.95
The amendments abolished of  the license
fee of 0.1 percent, as well as the licensingfee  of MDL 200,000 for imports of
alcohol or tobacco productsCopy attached
18. Law on Excise Tax No. 347 27.12.94 Copy attached*
19. Law on VAT No. 264, 08.11.94, amended by:
No.675/05.12.95; No. 1287/22.07.97.Copy attached*
Amendments being
translated
20. Gov. Decision No. 305/27.03.97 organizational,
juridical and administrative actions against fiscalevasion and embezzlement through import and
export of oil and diesel fuel.Describes Licensing system for petrol and
diesel fuelBeing translated
21. Gov. Decision on Regulation of Certain Types of
Activity in Moldova, No. 581, 17.08.95This was abrogated by Gov. Decision on
Regulation of Certain Types of Activity in
Moldova No. 888, 19.09.97 which, in
turn, was abrogated later by the Gov.
Decision on Regulation of Certain Typesof Activity in Moldova,  No. 110,
02.02.98, which, in turn, was replaced by
the GD No. 859, 13.08.98 (see
immediately below)
22. Gov. Decision on Regulation of Certain Types of
Activity (Licensing)  No. 859, 13.08.98 amended
by the Gov. Decision No.75, 02.02.99Licenses issued to persons or companies
engaging in certain activities without
regard to quantities of goods.Copy attached
23. Gov. Decision on Regulations on Import Licensing
of Alcohol and Tobacco Products No. 1188,
08.12.98.being translated
24. Draft amendments to the GD
No. 1188, 08.12.98 on ImportThe amendment only covers the
importing, manufacturing, storing andbeing translatedWT/ACC/MOL/22
Page 6
Existing  Laws, Decrees and Decisions Draft Laws or Decisions Comments Notes
Licensing of Alcohol and
Tobacco Products.marketing of alcoholic beverages. It was
presented to Government on 8 April 1999
and they will be approved by end of July
1999.
25. Draft Law on Licensing
Certain Types of ActivityThis draft law provides general
regulations on licensing and is in
compliance with WTO Agreement on
Import Licensing Procedures. This lawwas approved the Government and
currently is in the Parliament and will be
enacted before the end of 1999.Copy attached
A. CUSTOMS LEGISLATION AND REGULATIONS
26. Law on Customs Tariff  N o. 1380-XIII,  20.11.97 Provides the methods of customs
valuation and rules of origin incompliance with Customs Valuation and
Rules of Origin WTO AgreementsCopy attached
27. Draft amendment to the Law
on Customs Tariff  No. 1380-
XIII,  20.11.97Additions are being made to the
amendments following the comments
from WTO member countries. The final
version will be presented to the
Government for approval in June 1999.Being translated
28. Draft Government Decision on
Regulation for Implementation
of the Law on Customs Tariff
No. 1380.This draft decision contains the provisions
for of the implementation of the Decision
on Treatment of Interest Charges in the
customs value; of the Decision onValuation of Carrier Media Bearing
Software for Data Procession Equipment
and of the Interpretative Notes of the
Customs Valuation Agreement.Being translated
29. Law on the Customs Code No. 1321 XII 9.03.93 Superceded (see below)
30. Law on Amendments to the  Customs Code  No.
44 - X III 12.04.94Superceded (see below)WT/ACC/MOL/22
Page 7Existing  Laws, Decrees and Decisions Draft Laws or Decisions Comments Notes
31. Draft Law on the Customs
CodeThis law will replace the Law on Customs
Code No. 1321 XII 9.03.93 and its
amendments in 1994. It is in the process
of review. The final version will be
presented to the Government in August
1999 and it will go to the Parliament for avote before end of 1999.Being translated
32. Government Decree No.1154, 15/12/97 concerning
the optimization of control services activity at state
customs, amended by No.168/16.02.98;
No.112/02.02.99.copy attached,
amendments being
translated.
B. LAW AND REGULATIONS ON STANDARDIZATION
33. Draft Law on TBT This law provides for the implementation
of  TBT agreement provisions.(seechecklist on TBT). The draft Law on TBT
was presented to Government on May
1999 and will go to the Parliament for a
vote by the end of 1999.Being translated
34. Law on Standardization No.590-XII/ 22.09.95 copy attached*
35. The amendment to the Law on
Standardization No.590-XII/
22.09.95The amendment to the Law on
Standardization was approved by the
Government and currently is in
Parliament for a vote.copy attached
36. Draft Law on Certification of
Goods and ServicesThe draft Law on Certification of Goods
and Services was approved by the
Government and currently is in
Parliament for a vote.Being translated
37. Law on Consumer Rights Security No. 1453,
25.05.93Superceded (see below)
38. Draft Law on the Introduction
of amendments and
supplements in the Law of theThis Draft Law, will be approved in June
by the Government and by will be
presented to the Parliament for a vote thecopy attachedWT/ACC/MOL/22
Page 8
Existing  Laws, Decrees and Decisions Draft Laws or Decisions Comments Notes
Republic of Moldova on
Consumer Rights Protectionend of 1999.
39. Draft Law on Accreditation The draft Law on Accreditation was
circulated to the related institutions for
comments and will be presented to
Government in August 1999 and will go
to the Parliament for a vote by the end of
1999.Being translated
40. Draft Law on Industrial
SecurityBeing translated
41. Decision of Department of Standards, Metrology
and Technical Supervision on establishing the
Information Center for Standardization and
Certification.Called for implementation of Art. 10 of
TBT agreement and Annex B of SPS
agreementBeing translated
C. SPS R ELATED LEGISLATION AND REGULATIONS
42. Law on Sanitary and Epidemiological Protection
of the Population  No. 1513-XII 16.06.93,
amended by: No.727/06.02.96; No.788/26.03.96.Copy attached,
amendments being
translated.
43. Gov. Decision No 816/12.12.95, on Regulation of
Sanitary and Epidemiological Protection of the
Population, amended by GD No. 641/25.11.96Being translated
44. Draft amendments to the Gov.
Decision on Regulation of
Sanitary and EpidemiologicalProtection of the Population
No. 816This draft was elaborated  on base of SPS
checklist and was submitted to the related
ministries  and institutions for comments.It will be presented to the Government in
August 1999.Being translated
45. Law on Phytosanitary Quarantine No. 506-XIII
22.06.95Copy attached
46. Gov. Decision on establishment of State services
of Phytosanitary Quarantine, No.697/10.10.95,amended by No. 641/25.11.96; No.515/05.06.97;
No.505/15.05.98Copy attached,
amendments beingtranslatedWT/ACC/MOL/22
Page 9Existing  Laws, Decrees and Decisions Draft Laws or Decisions Comments Notes
47. Draft amendments to the Gov.
Decision on establishment of
State services of Phytosanitary
Quarantine.Is under  elaboration Being translated
48. Law on Veterinary activity No. 1539-XII
(23.06.93)Copy attached
49. Gov. Decision on Veterinary Statute of the
Republic of Moldova, No. 378, 22.06.98Copy attached
50. Draft amendments to Gov.
Decision on Veterinary Statute
of the Republic of Moldova,
No. 378, 22.06.98Is under elaboration. Being translated
51. Gov. Decision on preventing the import and illicit
commercialization  of the chemical and biological
products used in agriculture and forestry on the
territory of the Republic of Moldova No.7402.11.95, amended by GD.888/19.09.97Copy attached*
52. Rules on the protection of the Republic of
Moldova territory against the entry or introduction
from other countries of quarantined pests,
pathogenic agents of plant diseases and weedsCopy attached
D. LAWS ON FOREIGN INVESTMENT AND COMPETITION POLICIES
53. Law on Foreign Investments No. 998-XII 1.04.92,
amended by No. 321 - XII 16.03.93, No. 92 XIII11.05.94, No. 197 – XIII 27.07.96,Copy attached
Amendments beingtranslated
54. Law on Monopoly Activities Limitation and
Development of Competition  No. 906/29.01.92,
amended by No.101/13.05.94; No.788/28.03.96Copy attached*,
amendments being
translated.
55. Law on Government Procurement  No. 1166-XII,
30.05.97copy attached
56. Draft Law on Antidumping,
Countervailing Measures andThis draft of Law was presented to the
Government in June 1999 and will go toBeing  translatedWT/ACC/MOL/22
Page 10
Existing  Laws, Decrees and Decisions Draft Laws or Decisions Comments Notes
Safeguards the Parliament for a vote by the end of
1999.
E. TRIPS R ELATED LEGISLATION AND REGULATIONS
57. Law on Copyright and Neighboring Rights  No.
293-XII 23.11.94. amended by No.29-XIV,28.05.98 and No.1009/22.10.96The amendments to the Law on Copyright
and Neighboring Rights were elaboratedin accordance with the art. 9-14 of the
TRIPS Agreement.Copies attached*
58. Criminal Code Article 141 on Violation of
Copyright, Article 512 on Violation of propertyrights on intellectual propertyBeing translated
59. Code on Administrative Infringements
60. Draft law on amendments of
Code on AdministrativeInfringementsBeing translated
61. Civil Code
62. Draft of new Civil Code: Book
IV "Intellectual Property",
Chapter I "Copyright and
Neighboring Rights"Being translated
63. Draft amendments to the
Criminal CodeThese amendments will be in accordance
with the TRIPS Agreement and will bepresented to Government on September
1999. After that they will go to the
Parliament for a vote by the end of 1999.Being translated
64. Draft amendments to the Civil
Procedural Code Art. 54 and
140, according to TRIPS
Agreement Art. 34 and 50
(paragraph 6).These amendments will be presented to
Government on September 1999 and will
become part of the Civil Procedural Code
by the end of 1999.Being translated
65. Law on Audiovisual, amended by
No.1399/05.12.97Being translated
66. Draft of amendments to Law Being translatedWT/ACC/MOL/22
Page 11Existing  Laws, Decrees and Decisions Draft Laws or Decisions Comments Notes
on Audio-visual Services
67. New Draft Law on Publishing
ActivityWill be submitted to Government by
July1999.Being translated
68. New Draft Law on
organisation and activity ofRadio-Television of the
Republic of MoldovaBeing translated
69. New Draft Gov. Decision on
State Registration of Worksprotected by the Copyright and
Neighboring RightsBeing translated
70. New draft of Gov. Decision on
Regulation of State Agency of
CopyrightBeing translated
71. Gov. Decision on the copyright owner’s
remuneration for the use of Copyright and
Neighboring Rights, No. 713, 23.10.95Copy attached
72. Draft of amendments of the
Gov. Decision on the
copyright owner’s
remuneration for the use of
Copyright and NeighboringRights in the RM, No. 713,
23.10.95Was submitted to the Government for
approval in June 1999 and is expected to
be enacted by the end of 1999.Being translated
73. Gov. Decision on the establishment of a
provisional National Register of Computer
Software  No. 494 17.07.95Copy attached
74. Gov. Decision on the administration on a
collective basis of Patrimonial Rights of Holders
of Neighboring Rights  No. 524, 24.07.95Copy attached
75. Gov. Decision on the accession to the World
Convention on Copyright (6 Sep 1952) No. 1318-
XII 02.03.95WT/ACC/MOL/22
Page 12
Existing  Laws, Decrees and Decisions Draft Laws or Decisions Comments Notes
76. Decision on the accession to the Convention for
the Protection of Performers, Producers of
Phonograms and Broadcasting Companies (Rome
1961)  No. 510-XII 22.06.95
77. Decision on the accession to the Bern Convention
for the Protection of Literary and Artistic Works
(Paris Act 1971)  No. 22.06.95
78. New Draft Law on the
protection of topographies of
integrated circuitsBeing translated
79. Law of the Republic of Moldova on Patents for
Inventions  No. 461-XII, 18.051995, amended
788/26.03.96Copy attached,
amendments being
translated
80. Amendments to Law on
Patents for invention No.461-
XII, 18.05.95.The draft of amendments was presented to
Government on May 1999 and will go to
the Parliament for a vote by the end of1999. These amendments were in
accordance with TRIPS Agreement.Being translated
81. Law of the Republic  of Moldova on Trademarks
and Appellation of Origins  No. 588/22.09.95,
amended by No.1009/22.10.98Under this law the use of a registered
geographical indication is prohibited for
any person who is not the holder of the
registration certificate and if geographical
indications are not literally true as to the
territory, region or locality in which thegoods originate, it may not be registered
under this law. This law and GD No 760
(see below) is consistent with Art.23 of
the TRIPS. Additionally a special
provision for the protection ofgeographical indications of wine and
spirits.Copy attached,
amendments being
translated
82. Draft Amendments to the Law These amendments will be presented to Being translatedWT/ACC/MOL/22
Page 13Existing  Laws, Decrees and Decisions Draft Laws or Decisions Comments Notes
on Trademarks and
Appellation of Origins No.588
(1995)the Government on September 1999 and
will go to the Parliament for a vote on
December 1999. The amendments will
bring into conformity with TRIPS those
parts of No.588 that are not yet in
conformity.
83. Government Decision No. 760, 10.11.95 on
production of wine and other wine products withname of originProvides a basis for geographical
indications for wines and spirits and wasadopted in order to implement  the Law
on Trademarks and Appellation of
Origins, No. 588 (1995)Copy attached
84. Law on Commercial Secrets  No. 171, 06.07.94 Copy attached*
85. Draft of Amendments to the
Law on Commercial SecretsNo. 171, 06.07.94Draft of Amendments to the Law is in the
process of review and the final versionswill be passed by end of 1999. These
amendments will be in accordance with
the TRIPS Agreement.Being translated
86. Law On Property No.459/22.01.91, amended by
No.154/29.06.94; by No. 788/26.03.96; by No.
237/2312.98
87. Law on the Protection of Industrial Designs No.
991, 15.10.96Copy attached
88. Draft of Amendments to the
Law on the Protection of
Industrial Designs No. 991,
15.10.96The draft of Amendments was presented
to Government on May 1999 and will go
to the Parliament for a vote until the end
of 1999. These amendments were in
accordance with the TRIPS Agreement.Copy attached
89. Law on the Protection of Plant Varieties No. 915,
11.07.96Copy attached
90. Draft of Amendments to the
Law on the Protection of Plant
Varieties No. 915, 11.07.96The draft of amendments was presented to
Government on May 1999 and will go to
the Parliament for a vote until the end of
1999. These amendments are inBeing translatedWT/ACC/MOL/22
Page 14
Existing  Laws, Decrees and Decisions Draft Laws or Decisions Comments Notes
accordance with the TRIPS Agreement.
91. Law on vineyard and vine No. 131, 02.07.94 Copy attached
92. Draft of Amendments to the
Law on vineyard and vine No.
131, 02.07.94Draft of Amendments to the Law are in
the process of review and the final
versions will be passed by the end of1999. Modification of these Law Articles
15 and 16 of the law will be in accordance
with the Law on Trademarks and
Appellation of Origins No.588 (see
above) and TRIPS Agreement Article 23.Being translated
93. GD No. 456 on IPR Being translated
94. GD. No. 743/ 31.12.96on Statute of the Agency Being translated
95. GD.774/13.08.97 Being translated
96. G.D. 313.1.07.93 Being translated
97. Provisional Statute on Industrial Property
Protection, No. 456 (1993)Copy attached*
98. Draft Law on Utility Models Copy attached
99. Draft of Gov. Decision on the
special provisions regarding
the border measures on
Protection Industrial PropertyIs elaborated in compliance with Art.51-
60 of TRIPSCopy attached
Legislation Related to ServicesWT/ACC/MOL/22
Page 15100. Law on Banks and Banking Activity No. 601-XII, 12.06.91 (with amendments)*
101. Law On the National Bank of Moldova No. 599, XII, 16.06.93*
102. Law on Financial Institutions No. 550-X III, 21.07.95*
103. Law on Audit  No. 729-XIII, 21.07.95*
104. Law on Rent  No. 861,  14.01.92*
105. Law on Employment  No. 878-XII, 16.01.92*
106. Law on Accounting  No. 321, 25.05.95*
107. Law on Insurance  No. 1508-XII, 15.06.93*
108. Law on Legal Status of Foreigners and Persons without Citizenship in the Republic of Moldova  No. 276-XIII, 10.11.94*
109. Gov. Decision On Ministry of Telecommunications and Informatics No. 719, 23.09.94*
__________