RESTRICTEDWORLD TRADE
ORGANIZATIONWT/ACC/MOL/20
23 June 1999
(99-2558)
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
The Ministry of the Economy of the Republic of Moldova has submitted the following
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. To this end,
Supplements are being drafted to Annex 1 of Go vernmental Decision No. 967 of 10 October 1995
establishing the Statutes of the State Phytosanitary Quarantine Service; to Governmental DecisionNo. 816 of 12 December 1995 “On Sanitary-Epide miological State Supervision Rules” and to
Governmental Decision No. 378 establishing the Statute of the State Veterinary Service
At present, only the draft Supplement to Annex 1 has been fully prepared. However, Annex 1,
Governmental Decision No. 816 and Governmental Decision No. 378 all had identical shortcomings
as regards WTO compliance. The remedies to these shortcomings are similar, and are illustrated by
the text of the Supplement to Annex 1, which is analysed below. The Supplements to GovernmentalDecision No. 816 and to Governmental Decision No. 378, which are currently being drafted, will deal
with the shortcomings of their respective Decisi ons in a comparable fashion, except that the Main
State Inspectorate on Phytosanitary Quarantine will be retained as the single authority called for in
Annex B, paragraph 10. The draft Supplement to Annex 1 is attached.
Description of the
principles and WTO
referenceCompliance by Moldova
1. Standstill: the
introduction of new
standards, animal
health regulations and
food safety regulationsshall conform to SPS
Agreement principles
(general agreed
principal in WTO
accession negotiations).Moldova agrees that any introduction of new standards, animal
health regulations and food safety regulations will conform to SPS
Agreement.
2. Establishment andoperation of a single
Contact Point for
Information (“enquirypoint”) (Article 7 and
Annex B.3).The Supplement (Art. 5) establishes the Main State Inspectorate
on Phytosanitary Quarantine, the Sanitary-Epidemiological
Service (Ministry of Health) and the Veterinary Services (Ministry
of Agriculture) responsible for the preparation of the documentson SPS measures to be provided in response to any Member’s
request through the single inquiry point, which was set up within
Department of Standards.
Article 5 of the Supplement stipulates:The Main State Inspectorate on Phytosanitary Quarantine will
establish within its field an unit, responsible for supplying through
the single inquiry point answers to all reasonable questions of
WTO members, as well as to supply appropriate documents on:
any phytosanitary regulation adopted or proposed on its
territory;
the procedures of determining the risk and the
corresponding  level of the phytosanitary protection;the commitment or participation of the Republic of Moldova or of
the constituting bodies of its territory in the international
phytosanitary systems and bodies, as well as the texts of
agreements and arrangements.WT/ACC/MOL/20
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Description of the
principles and WTO
referenceCompliance by Moldova
3. Transparency:
notification and access
to documentation
(Article 7 and Annex B,
also G/SPS/7):The Supplement outlines WTO compatible notification and
transparency principles in paragraphs 3,4 and 5 which stipulate the
following:
1. Article 3:
The Main State Inspectorate on Phytosanitary Quarantine is
subjected to the Government of the Republic of Moldova and is
designated as Central Notification Body, regarding the
modification of phytosanitary measures and in order to supply
information about the phytosanitary activity.
2. Article 4:
In the case of the absence of an international  standard, directive
or recommendation, or in case the contents of a standard, directive
or recommendation do not correspond to the contents of an
international standard, directive or recommendation, and whichcan have a significant effect on the trade undertaken by other
countries, members of WTO, the Main State Inspectorate on
Phytosanitary Quarantine:
i. publishes an announcement, in an early stage in such a way, as to
allow the countries-members of WTO to get acquainted with the
emerging changes and corresponding regulations;
ii. will notify the other members, the WTO Secretariat, of products,
intended to be regulated, together with a short description of theobjective and motivation for the proposed regulation. Such
notifications are to be done during an earlier stage, when it is still
possible to introduce amendments, and when it is still possible to
take into account comments;
iii. will supply, at the request of the members, through the inquiry,
copies of the proposed regulation, and to the extent possible will
identify the elements, differing fundamentally from the
international standards, directives or recommendations;
iv. at the appropriate time, to supply the countries members of WTO
written comments at their request, in order to take intoconsideration the comments and the results of discussions.
(see Article 5 presented above)
(A) identification ofauthority responsible
for making
notifications to the
WTO and ensuringtransparency
obligations are met on
an ongoing basis
(Annex B.5 (b) andThe Main State Inspectorate on Phytosanitary Quarantine will
undertake notification obligations and will ensure that
transparency requirements are met on an ongoing basis (see
Articles 3 and 4 presented above).WT/ACC/MOL/20
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Description of the
principles and WTO
referenceCompliance by Moldova
Annex B.10);
(B) establish guidance
or law requiring
publication of proposed
measures at an early
stage for comment
(Annex B.5 (a));Principles applied concerning early publication are laid out in
Article 4, paragraph (i) of the Supplement (see Article 4 presented
above).
(C) provision in law or
administrative
procedure to providecopies of proposed
measures to WTO
Members (Annex B.5
(c)); andArticle 4, paragraph (iii) of the Supplement provides for
notification and provision of copies of proposed measures to
WTO Members (see Article 4 presented above).
 (D) require in law or
administrative
procedure, a reasonable
period of time for
comment fromMembers and the
public and
establishment of a
process to take
comments into accountwithout discrimination
(Annex B.5 (d)).Article 4, paragraph (ii) of the Supplement provides for a
reasonable time for comments from WTO Members (see Article 4
presented above).
4. Necessity: measures
are applied only to the
extent necessary to
protect human, animal
or plant health (Article2.2)Article 7, paragraph (ii) of the Supplement requires that
phytosanitary measures be applied only to the extent to assure the
appropriate level of protection.
ii.   for the appreciation or support of certain phytosanitary
measures for the realization of the respective level ofphytosanitary protection, the Main State Inspectorate on
Phytosanitary Quarantine insures that these measures are  only
those necessary for exerting the needed level of phytosanitary
protection as determined by the Law on Phytosanitary Quarantine.
5. Regulations Based
on Science: regulations
governing animal and
plant health and foodsafety shall based on
scientific evidence
(Articles 2.2, 3.3, and
5.2).Article 7 of the Supplement requires scientific evidence to be used
in taking SPS measures.
Article 7 stipulates:
While determining the risk, there are taken into consideration thescientific proofs, existing in this domain, the methods and
procedures of production, model inspections, the spread of
diseases, of plants and weeds pests, the existence of certain zones
where there are no quarantine objective, the conditions of the
environment, of quarantine regimes and so on.
6. Harmonization: tothe extent possible,
members shall followArticles 2 and 6 of the Supplement address the interest of
Moldova in following international standards.
Article 2 of the Supplement gives the definition of theWT/ACC/MOL/20
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Description of the
principles and WTO
referenceCompliance by Moldova
international standards,
guidelines, and
recommendations in
establishing SPS
measures  (Articles 3.1,3.3, and 3.4).Harmonization principle:
Harmonization – establishment, recognition and application of
phytosanitary measures, common with those applied in other
countries, members of WTO.
Article 6 of the Supplement stipulates:
The Main State Inspectorate on Phytosanitary Quarantine of
the Republic of Moldova represents the interests of the State
regarding the phytosanitary quarantine in competent international
organizations and will fully participate in  the activities of
international organizations and  their subsidiary bodies, especially
the Commission of the Codex Alimentarius, undertaking itsactivity 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 these aspects of phytosanitary
measures and their conformity with international standards,directives and recommendations.
7. Equivalence:
members shall
recognize different
measures that achieve
the same level ofprotection (Article 4).The concept of equivalence is recognized in Article 9 of the
Supplement which stipulates:
The Main State Inspectorate on Phytosanitary Quarantine
recognizes phytosanitary measures of other countries – members
of WTO as equal, even when these differ from the domestic ones,and that being proved by their usage, it is possible to obtain an
adequate level of phytosanitary protection for the Republic of
Moldova.
8. Risk assessment:developing scientific
evidence and
conducting risk
assessments to ensure
that measures are basedon science and applied
only to the extent
necessary to protect
health (Articles 5.1, 5.2
and 5.3).Articles 7 and 8 of the Supplement requires 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.
9. Regional conditions:measures take intoaccount the regional
characteristics both of
the areas from which
products originate and
the areas for which theyare destined  (Article 6
and Annexes A.6 and
A.7).Article 12 of the Supplement addresses regional conditions with
regard to regional characteristics both of the areas from whichproducts originate and the areas for which they are destined.
Article 12 stipulates:
The Main State Inspectorate on Phytosanitary Quarantine will
insure that the measures would be adopted in accordance with the
phytosanitary characteristics of the zone – be it totally of acountry, a part of the country or the entity or parts of other
countries – where the products has its origins and to which it is
supplied.
While evaluating the phytosanitary characteristics of the region,WT/ACC/MOL/20
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Description of the
principles and WTO
referenceCompliance by Moldova
there is going to be taken into account, inter alia, the level of
expansion of pests and specific diseases, the existence of
programs of their fight and adequate criteria or directives, which
may be elaborated by the competent international organization.
10. Non-discrimination:measures do not
arbitrarily or
unjustifiably
discriminate betweendifferent members or
between domestic and
foreign suppliers
(Article 3 and Annex
C.1 (a) and (d).Article 10 of the Supplement provides for non-discrimination:
The Main State Inspectorate on Phytosanitary 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 of Moldova andother WTO countries – members.
11. Control, inspectionand approvalprocedures: ensure that
procedures, including
systems for approval of
the use of additives or
for establishingtolerances for
contaminants in foods,
beverages or feedstuffs
comply with the
Agreement (Article 8
and Annex C).Article 11 of the Supplement fully implements the SPS provisions
regarding control, inspection and approval procedures.
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