RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SPEC/MOL/4/Rev.5* 
4 December 2000  
 
 (00-5296) 
Working Party on the 
Accession of Moldova  
 
DRAFT REPORT OF THE WORKING PARTY  
ON THE ACCESSION OF THE REPUBLIC OF MOLDOVA  
 
Revision1 
I.  INTRODUCTION 
1. The Government of the Republic of Moldova (hereinafter Moldova)  applied for accession 
to the General Agreement on Tariffs and Trade (GATT 1947) in November 1993. At its meeting on 
17 December 1993, the GATT 1947 Council of Representatives established a Working Party to examine the application of the Government of Moldova to accede to the General Agreement 
under Article XXXIII and to submit to the Council recommendations which may include a draft Protocol of Accession.  Membership of the Work ing Party was open to all contracting parties 
wishing to service on it.  Following the conc lusion of the Uruguay Round, Moldova requested 
accession to the World Trade Organization (WTO) under Article XII of the Marrakesh 
Agreement Establishing the World Trade Organization.  Having regard to the decision adopted by 
the General Council of the World Trade Organization on 31 January 1995, the existing GATT 1947 
Working Party on the Accession of Moldova was transformed into a WTO Accession Working Party. The terms of reference and the membership of the Working Party were reproduced in document 
WT/ACC/MOL/7/Rev. 6. 
2. The Working Party met on 17 June 1997, 18 March 1998, 16 April, 19 July 1999 and 
[…………………..] 2000 under the chairmanship of Mr. M. Kumar (India).  
II.  DOCUMENTATION 
3. The Working Party had before it, to serve as a basis for its discussions, a Memorandum on the 
Foreign Trade Regime of Moldova (WT/ACC/MO L/2 and Addenda 1 and 2) and the questions 
submitted by Members of the foreign trade regime of  Moldova, together with the replies thereto 
WT/ACC/MOL/3 and Corr.1, Add.1, Add.1/Corr .1 and Add.2; WT/ACC/MOL/4 and Add.1 and 
Corr.1; WT/ACC/MOL/8 and Add.1; WT/ACC/MOL/9 and Add.1 and Corr.1 , WT/ACC/MOL/11, 
WT/ACC/MOL/25, WT/ACC/MOL28 and WT/ACC/MOL/ 30 and other information provided by the 
Moldovan authorities (WT/ACC/MOL/5, WT/ACC/MOL/6, WT/ACC/MOL/10, 
                                                     
 
* In English only. 
1 New text is indicated in bold typescript and deleted text with strike-through. WT/ACC/SPEC/MOL/4/Rev.5 
Page 2  
 
WT/ACC/MOL12-24, WT/ACC/MOL 26-27, WT/ACC/MOL/29, and
 WT/ACC/MOL/31 -35 and 
WT/ACC/MOL/36, Add.1 and Add.2 ). The Government of Moldova made available to the Working 
Party the following  documents listed in Annex I.  
Introductory statements 
4. In an introductory statement, th e representative of Moldova said that since the declaration of 
independence Moldova had been vi gorously pursuing free market reforms within a democratic 
framework, notwithstanding political and ec onomic difficulties. C onsiderable progresses  in 
transforming a centrally planned economy to a market-based economy have  has been achieved. Fuller 
integration into the world economy and the continui ng diversification of Mo ldova’s economic relations 
with other countries were central objectives of th e Government’s reform efforts. The Government of 
Moldova believed that these objectives could only be attained through trade policies that emphasized 
specialization on the basis of international comparativ e advantage. It was for this reason that Moldova 
attached priority to its accessi on to WTO and wished to complete negotiations for membership at the 
earliest opportunity.  
5. The Constitution of Moldova adopted by the Parl iament in July 1994 stated: "The economy of 
the country is market and society oriented, based on private and public property and free competition". 
Article I states that Moldova is a democratic State regulated by Law. Article 9 ensures private property rights and Article 126 defines the gene ral characteristics of the economy as socially oriented and based 
on private and public property right s and free market principles. The representative of Moldova noted 
that Moldova continued to be a country in tran sition whose economy was undergoing a process of 
structural adjustment in order to correct an excessive dependence on pr imary production. Initially 
inflation had been brought down to an average monthl y rate of 1.1 per cent in April 1996 from 32 per 
cent in February 1993. The budget deficit in 1995 had amounted to 4.9 per cent of GDP. The exchange 
rate of the Moldovan Leu (MDL), introduced in 1993,  was approximately MDL 4.5 to the US dollar in 
May 1995. Following a period of stabilization in the first quarter of the 1999, the currency had again 
come under pressure in May/June depreciating st eadily to around MDL 12 per US dollar, before 
recovering somewhat to around MDL 11 per US doll ar in early July 1999. This situation was linked 
with the financial crisis in the region and current  developments in financial markets. By mid-1999 the 
value of the Moldovan Leu had dropped by more that 65 per cent against the US dollar, giving rise to an 
acceleration of inflation. Since end-1999 the exchan ge rate had been stable at around MDL 12 per US 
dollar. Nevertheless, the real and
 financial shock from the economic cr isis in Russia and in the region 
had continued to weigh heavily on the Moldovan econom y, as evidenced by the collapse of exports by 
35 per cent in the first half of 1999. Despite these difficulties the authoritie s were convinced of the 
appropriateness of a free, market-determined floating exchange rate regime, and remained committed to  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 3 
 
 
maintaining current international tr ansactions free of any restrictions that could run counter to its 
obligations under Article VIII, section 2, 3,  and 4 of the IMF Articles of Agreement.  The Working 
Party reviewed the economic policies and foreign trade regime of Moldova and the possible terms 
of a draft Protocol of Accession to the WTO.  The views expressed by members of the Working 
Party on the various aspects of Moldova’s foreign trade regime and on the terms and conditions of 
Moldova’s accession to the WTO are summ arized below in paragraphs 7 to 235.  
6. Members of the Working Party welcomed Mol dova's application for accession to the WTO, 
noting that Moldova had been pursuing economic re form and trade liberalization decisively. They 
expressed strong support for the early accession of Moldova on the basis of comprehensive market-access commitments and the early implementation of the WTO Agreements. 
III.  ECONOMIC POLICES - Monetary and fiscal policies 
7. In response to requests for information, the re presentative of Moldova said that all the key 
sectors, namely agriculture, manufacturing industry  and construction had registered a decline of 
output in 1999 compared to a similar period in 1998. Private agriculture was becoming increasingly 
important in Moldova, so was farming restructuring. The information for the first half of 1998 showed 
that the number of registered companies with forei gn participation had been rising quite fast. Figures 
for 1998 showed that the employment level had dro pped by 7.4 per cent compared to a year earlier. 
This was a further decline over the first half of  1998. Agriculture and manufacturing had shown a 
decline of 11 per cent over the same period, with wholesale and retail trade at 15.5 per cent and 
construction at 16.6 per cent lower than a year ago. The dependence on imported goods and services 
had been steadily decreasing, from 64 per cent of th e GDP in 1997 to 51 per cent in 1999. In 1999, the 
trade deficit had reached the amount of US$123,08 milli on compared to US$388.09 millions in 1998.      
In 1999 the total external debt amounted to US$1 billion, recording a slight decrease of the stock b
y 2 
per cent as compared to 1998.  However, in 1999 the Republic of Moldova engaged in a buy-back of 
the bonds issued in favour of Gazprom in the am ount of US$140 million and in 2000 restructured the 
loans provided by Russia and the supplier credits provided by AKA, KFW etc., on favourable terms. 
This significantly improved Moldova’s debt prof ile. Presently, the Republic of Moldova is current  up 
to date on its external obligations and has no arrears.    
8. The representative of Moldova added that the Government was no longer granting 
commercial credits to economic agents . However, the Government was providing loan guarantees, 
issued against a risk premium of at least 5 per cent of the principal amount of the loan, which was 
paid into the Risk Fund. State guarantees could only be issued up to a total value not exceeding the WT/ACC/SPEC/MOL/4/Rev.5 
Page 4  
 
amount in the Risk Fund set up by the Law on State Debt and State Guarantees (No. 943-XIII of 
18 July 1996). Contributions to the Risk Fund were drawn from the Budget and from beneficiaries of 
State guarantees. In 1997 LEI 75 million had been issued as internal guarantees and US$ 5 million as 
external ones. In 1998 the amount of LEI 100 million ha d been issued as internal guarantees and the 
amount of US$39 million as external guarantees for the EBRD loans. It was expected that with the 
ongoing privatisation of the energy sector, the contri butions of the Budget to the Risk Fund would be 
phased out.  Since 1999, the Law on State Budget prohibits the issuance of state guarantees and no 
external guarantee has been issued since that time.   
9. The representative of Moldova noted that 1998 had been a very difficult year for Moldova.  
Both endogenous factors such as, weak fiscal po licies and poor energy sector management, and 
exogenous factors, such as the financial crisis in Russia had a negative impact on the Moldovan 
economy.  Capital flight, a depreciating exchange ra te, a significant decrease of  international reserves, 
rising expenditure arrears and budget deficit financ ing through central bank credit, characterized the 
crisis. There was an economic decline in 1998, of 8.5 per cent, largely because of the severe impact 
on exports of the crisis in Russia. Both industrial and agricultural output dropped in 1998. At the same 
time, final consumption constituted more than 102 per cent of GDP, with the trade deficit decreasing 
from 26,4 % per cent of GDP in 1998 to 14,82 per cent in 1999. In 1999 export and import volumes registered a reduction, exports by 27,1 per cent and imports by 42,6 per cent as compared with 1998.   
10. Years of easy financing, especially foreign, a nd slow and incomplete structural reforms had 
resulted in excessive budget deficits and increased indebtedness of the public sector. The figures for 
the 1998 budget had proved unrealistic and had called for considerable re visions. In the second half of 
1998, the Government had to cut spending in order to ensure the resumption of drawings from IMF and to accommodate its limited financing options . The drastic reduction in spending was also 
necessitated by the sharper than expected reduction in real output and therefore of revenue inflows. A 
large item of payment was the public debt service, which in 1998 reached MDL 421.2 million 
including MDL 182.4 million for external debt servicing. The share of public debt service in the consolidated budget expenditure increased to 13.9 pe r cent in 1998. Capital investment, by contrast, 
had remained at a stagnant, low proportion of  public expenditure. Both 1998 and 1999 were 
considered as years with exceptionally high debt-service payments. In December 1998 Moldova 
managed to repay the principal of a Merill Lynch private placement. In 1999 Moldova managed to 
repay considerable amounts on its Eu robonds (US$7.45 million) and to make a successful buy back of 
Gazprom bonds (US$140 million).    
11. In view of this difficult situation the Gove rnment and the National Bank of Moldova (NBM) 
sought to stabilise the economy and avoid an infla tionary spiral and further depreciation of the  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 5 
 
 
currency, continue restructuring and therefore resume growth, avoid a default on treasury bill 
redemption, renegotiate as necessaril y external debt and any external debt arrears, and create a stable 
and credible policy environment to restore c onfidence and growth. The 1999 budget that was 
approved by Parliament in December 1998 called for sp ending cuts in all major areas.  The target of 
the National Bank of Moldova’s monetary and credit po licy for 2000 is to reduce the inflation rate by 
41 per cent to 15 per cent. The program envisages th at by the end of 2000 the money supply should be 
increasing by 2% per cent and reach the level of MDL 2,54 billion, the monetary base to the level of 
MDL 1,34 billion, and the volume of lending that go es directly to the national economy by 17,3 per 
cent to the level of MDL 2 billion. In order to im plement this it was planned to diminish the bank 
liquidity ratio from 0,82 to 0,80 and to gradually redu ce the legal reserve ratio back to 8 per cent from 
15 per cent. The last measure became necessary in  order to ease the pressure on an already fragile 
banking system. As a result of resumed IMF lend ing, international reserves had risen, and were 
expected to rise again with disbursement of $35 m illion from the World Bank.   Despite the fact that 
the inflows arranged effected  from multilateral financial instituti ons in 2000 did not occur, the 
National Bank of Moldova ma naged to consolidate its internationa l reserves at a level sufficient to 
meet the country’s external obligations and main tain them below US$200 million the level reached at 
the end of 1999. The depreciation of Moldovan Leu in 1999 was less than in 1998. However, an 
absolute avoidance of national currency depreci ation was not possible. In 1999 the nominal 
depreciation of the Leu exchange rate was 28,2 per cent as compared to 44 per cent in 1998. In real 
terms, due to purely  the floating of the exchange rate regime, the pur chasing power parity between 
US dollar and Moldovan Leu was maintained, the exchange rate neither depreciated no r appreciated. 
In 1999 the real exchange rate was 100,5 per cent,  indicating 0,5 per cent real appreciation, as 
compared to 35 per cent of real depreciation in the previous year.  
12. The representative of Moldova further noted th at in 2000 external debts had reached US$ 1 
(one) billion or approximately 89,6 per cent of GDP . Despite the fact that debt-servicing difficulties 
were severe, the Republic of Mol dova managed to pay its external obligations and restructure the 
external arrears.   However, further external financing was essential, and Moldova was seeking 
alternative sources of financing. The EU  had made EUR 15 million available. At  It was anticipated 
that the World Bank would provide up to US$60 m illion, including US$35 million from a structural 
adjustment program suspended in 1997, and a further US$25 million th rough the International 
Development Association. The Government intended to use some of the privatization receipts from 
the sale of Moldtelecom etc. towards debt repaym ent. The Government of the Republic of Moldova, 
IMF, World Bank and other partners will develo p jointly a poverty reduction strategy program, 
documented in a joint poverty reduction strategy paper.   WT/ACC/SPEC/MOL/4/Rev.5 
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- Foreign exchange and payments systems 
13. 14.
 The representative of Moldova said that Moldova became a member of the IMF on 
12 August 1992 after the payment of its initial quota presently 123,2 million Special Drawing Rights 
(SDR). The representative of Moldova noted that Moldova was a member of the IMF and had accepted 
the obligations of Article VIII of the IMF Articles  of Agreement. Moldova met the Fund standards of 
current account convertibility and ha d received assistance from the IMF in the area of monetary policy. 
A Memorandum on a program of co-operation with the IMF was signed on 3 April 1996. He said that 
Moldova would not impose or  intensify any exchange restrictions, introduce or modify any multiple 
currency practices, conclude any bilateral payments agreements inconsistent with Article VIII of the 
IMF's Articles of Agreement, or introduce or intens ify any import restrictions for balance of payments 
purposes. 
14. 13. The representative of Moldova said that on 30 June 1995 Moldova accepted the 
obligations of Article VIII, Sections 2, 3 and 4 of the International Monetary Fund Articles of 
Agreement that allow the liberalisation of current foreign exchange operations. De facto, this means 
the convertibility of the national currency ,  the Leu that permits legal entities to buy and sell freely 
currency for all current international transactions and also for some capital operations. However, due 
to the growing demand for foreign exchange the Na tional Bank of Moldova decided that the exchange 
rate would be calculated as a weighted average rate  of all transactions in foreign currencies concluded 
by commercial banks. There were restrictions on foreign exchange and transactions in foreign 
currency were subject to the National Bank's fore ign exchange regulations.  According to the Law 
“On Regulations on repatriation of money means, goods and services gained from foreign economic 
transactions” adopted by the Parliament as on 29 Janua ry 1998 terms of repatriation are as follows: i) 
in contracts of Import  for the import of goods and services, payments shall be repatriated within 90 
days as from the settlement date; ii) export contract s provide the following repatriation terms: 90 days 
for strategic goods; 180 days for other goods; 1 (one ) year for goods exported in commission regime , 
as from the date of goods delivery. There are no restrictions regarding the number of bank accounts 
owned by economic agents in foreign currency as well as in MDL.  If during 7 banking days, from the 
moment of foreign currency purchase by resident legal entities, these entities  they did not utilize the 
purchased currency for settlements with non-residents, these  such legal entities, except for authorized 
banks, shall be obligated to offer it for sale to one of  the authorized banks after expiration of the set up 
deadline . Foreign Legal entities may open accounts in Mo ldovan Leu without an authorization by the 
National Bank of Moldova. Non-resident legal entities from CIS countries only have the right to open 
accounts in Moldovan Leu only  with the permission of the Central Bank of the corresponding state. 
  WT/ACC/SPEC/MOL/4/Rev.5 
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- Investment Regime  
15. The representative of Moldova said that since 1994 a major objective of national economic 
policy had been to promote a transparent and fair business environment for both domestic and foreign 
investors. To attract foreign investment, Moldova ha d established a stable le gal and institutional base, 
and introduced incentives and guarantee s for foreign investors. He stated  that the normative acts dealing 
with the activities of foreign investors are: a) Fundamental Law – the Constitution of the Republic of 
Moldova adopted by the Pa rliament on 29 July 1994. A  according to Article 126 of the Constitution, 
the State guaranties  guarantees the inviolability of investments of natural and juridical persons, 
including foreigners; b) Law No. 998-XII of 1 April 1992 “On Foreign Investment”, which deals with the se
ttles involvement  settlement and protection of foreign investments,  provides the legal, structural 
and economic fundamentals for the ac tivities of foreign investors and economic agents in Moldova and 
offers tax and customs incentives  that are precisely defined. 
16. The representative of Moldova said that besides the legislation concerni ng foreign investments, 
companies with foreign capital and foreign investors were subject to  legislation concerning relations 
with local natural and juridical persons and to international conventions norms of  to which one part is  
the Republic of Moldova is a party, and to the law of and the  other countries rela ted to Moldova by 
agreements on of the mutual protection investments. The material values envisioned in Article 3 of the Law “On Foreign Investment”, in the form of cont ributions to the formation and enlargement of the 
public capital of an the
 enterprise were tax exempt.  The right  of enterprises with foreign capital to 
profit from customs facilities was confirmed by Artic les 35-37 of the Law “On Foreign Investments”. 
He mentioned  Legal that actions  to stimulating  stimulate foreign investments included:  at the legal 
level provided a favorable climate: a) assets in the form of goods that are part of and are used for an 
the increase of the company’s equity were exempted from customs duties; b) the  a company was 
exempted from customs duties for those goods (ra w materials, semi-finished goods) that are  imported 
to be used in export production; c) companies with foreign investments exceeding US$250 thousand 
and with over 50 per cent of the net income genera ted marketing their own products enjoyed a 50 per 
cent income tax reduction for the first five years of operation; d) companies with foreign investments 
exceeding US$1 million were exempted from income tax for the first three years, provided that at 
least 80 per cent of the calculated tax shall be  was invested in operations  operational development; 
e) foreign investors were guaranteed repatriati on of their own profits and capital. The above 
mentioned  These facilities covered the  investments made prior to 1 January 2000. However, the 
application of these measures was hampered by the present economic crisis.  
17. Some members of the Working Party requested information on the basic provisions regulating 
investment and any restrictions or registra tion measures affecting foreign investment. The WT/ACC/SPEC/MOL/4/Rev.5 
Page 8  
 
representative of Moldova confirmed that the Former State monopoly in foreign trade had been 
abolished. The relevant legal provisions were Ar ticle 9 of the Constitution, which provided for free 
economic initiative, and fair competition. The criteri a for registration of companies were set out in the 
Law “On Enterprises and Entrepreneurship” of 3 Ja nuary 1992. There were additional requirements 
for certain type of business such as banking, insu rance and joint stock companies set out in the 
respective Law “On Financial Institutions”, Law “On Insurance” and Law “On Joint Stock 
Company”. The state body authorized by the Government of the Republic of Moldova, or their
 its 
commercial and economic representatives and associa tions, carried out the registration of economic 
agents with foreign investments (with the exception of banks, their branches and representations). The 
registration of the  banks with foreign investments, their branches and representatives was carried out 
by the National Bank of Moldova. Th e manner and terms of registrati on are set up in a similar way as  
the one  to that envisioned for the registration of national economic agents (Article 13 of the Law “On 
Foreign Investment”). 
18. In response to additional questions the represen tative of Moldova said that establishment of 
companies with a foreign equity participation ex ceeding US$5 million had to be approved by the anti-
monopoly authorities in accordance with Article 11 of the Law “On Foreign Investment”. Possible 
restrictions of competition by domestic companies were examined according to Article 8 of the Law 
“On Monopoly Activities Limitations and the De velopment of Competition”. There were no 
differences in the  approval for foreign and domestic investors by to  the State Environmental 
Protection Agency and the Medical and Epidemiological Agency. 
19. Some members of the Working Party asked whet her foreign investors were protected against 
expropriation or nationalization of their assets. The representative of Moldova said that Article 39 of 
the Law “On Foreign Investment” guaranteed foreign investments against expropriation (nationalization, 
requisition or any other equivalent measure), except in cases where such expropriation was carried out 
for an overriding public purpose, on a non-discriminato ry basis. In the event of expropriation of a 
foreign investment, the Law on Fore ign Investment requires that a foreign investor be paid prompt, 
adequate and effective compensation.  Compensation had to be paid not later than three months after the measure had been taken, and included  accrued interest calculated on the basis of an appropriate interest 
rate. Moreover, the Foreign Investme nt Law granted the foreign investor  the right to challenge in court 
the lawfulness of the expropriati on, nationalization or equivalent measure and the amount of the 
compensation. The representative of Moldova said th at the Parliament and the Government of Moldova 
had taken actions to attract fore ign investments aimed at creating a stable legal base and ensuring 
effective incentives, remissions and guarantees for fo reign investors. The Constitution of the Republic of 
Moldova, the Foreign Investment Law and the bila teral agreements on prom otion and protection of 
investment, that Moldova had signed with other co untries, provided a protective foreign investment  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 9 
 
 
regime. Since 9 June 1993 Moldova was a member of the Multilateral Invest ment Guarantee Agency 
(MIGA). A number of bilateral agreements on promot ion and protection of inve stment had been signed 
with: Turkey, Poland, Germany, United States, Chin a, Kuwait, Iran, Romania, Switzerland, Greece, 
Holland, Luxembourg, Finland, Hungary, Bulgaria, Gr eat Britain, Czech Republic , Israel, France, Italy, 
Uzbekistan, Ukraine, Georgia, Russia and Belarus.  These agreements sought to create and maintain 
favorable conditions for investors in the territory of  the Republic of Moldova and to intensify economic 
cooperation to the mutual benefit, as well as en courage investment between parties, primarily by 
guaranteeing national treatment, non-e xpropriation, and the unrestricted  transfers of investment funds 
from the investments. 
- State ownership and privatization 
20. The representative of Moldova said that Moldova initiated its program on privatization in 1993, 
executed through Law no.1333 –XII of 12 March 1994. In the first two years, 577 large, medium and 
small size enterprises were priv atized, along with abou t half the state buildings. Around 800 thousand 
citizens of the Republic of Moldova participated in this endeavor. As  the program was not completed in 
1994, a further draft program for privatization was presented for 1995-1996. This second phase 
contemplated a deeper privatization, in cluding the comprehensive privatization for  patrimonial  of state 
owned shares; an increase in private property owners  and in the importance of the private sector, 
restructuring of the economy, development of capi tal markets and infrastructure; as well as a new 
system of organizing companies and other laws to  protect owners rights. By 1996, this plan had 
achieved a number of objectives – circulation of the  distribution of wealth accruing to privatization, 
creation of a stock market and liberalization of real  estate ownership. At the end of this period the 
private sector prevailed in the economy, accounting for 60 per cent of industrial production, 70 per cent 
of the services supplied in  retail sales and social services and 44 per cent of the bulk works in building 
and transports. Over 74 per cent of the total number of  enterprises have been privatized, including 93 per 
cent of the enterprises proces sing agricultural raw materi als, 82 per cent of those in light industry and 95 
per cent of firms in trade and social services.  Almost one million citiz ens owned private land.  
21. He further added that during the process of pr ivatization, the citizens of the Republic of 
Moldova had been given free access to privatization di rectly or by intermedia ry of investment funds, 53 
fiduciary companies, (i n total 53)  were created specially for this pur pose. Around 2/3 of patrimonial  
state owned shares with a patrimony o f value of more than MDL 1.2 billion had been privatized 
through the activities of these institutions. Most recently, a system for Republican-wide bidding for 
shares  subscription was established. which consisted of  the Republican Center  of Calculation, two 
centers of introduction of data, 115 points for collection of requests, placed uniformly in the territory of 
the Republic of Moldova.  The system allowed the  citizens to have free access to shares  procurement  WT/ACC/SPEC/MOL/4/Rev.5 
Page 10  
 
purchase ensuring the
 equilibrium between the request and offer of shares,  supply and demand, and 
securing a considerable saving of time  and of financial resources for orga nizers and partic ipants at bids. 
In this way around 1.1 thousand ente rprises, which constituted 90 per cen t of all enterprises subject to 
privatization, had been privatized. 
22. The representative of Moldova said that the Law “On Privatization Program for 1999-2000”, 
extended the Privatization Program of 1997-1998 . The Privatization Pr ogram 1999-2000 covered, 
with limited exceptions, all sectors and branches of  the economy. Enterprises scheduled for total 
privatization were from the following industries: te xtiles and garments, electronics, machine building, 
chemical and furniture manufacture, leather goods, foodstuff and package producing enterprises, as 
well as hotels, shops, restaurants, stores, gas sta tions and cafeterias. The representative of Mol dova 
stated that there were no specific conditions fo r foreign investors concerning participation in the 
privatization program other than those applied for  to domestic investors. Fo reign natural and legal 
persons were eligible to participate in the Priv atization Program.  In response to questions, the 
representative of Moldova noted that the Law did provide  in Article 9 that certain types of firms could 
not be privatized, such as firms, which constituted the  essential national patrimony assets . Other 
sectors not currently subject to privatization included air and railway transportation, education 
system  and health systems.  He noted, however, that the Government of Moldova might at a later date 
decide to subject those  these latter sectors to privatization.  
23. In response to further questions concerning th e distinction between "privatized firms" and 
"privatized objects", the representative of Moldova  stated that privatized objects were assets 
previously attached to state owned enterprises, but unrelated to the core activity of the enterprises.  
Such objects - for example laundries, schools, recrea tion halls, bakeries, were privatized separately 
from the core parts of the state owned enterprise to  which they had been attached.  The privatized 
assets related to the  core activities became  were then privatized firms  separately .   
24. In response to questions from members of the Working Party, the representative of Moldova 
stated that a special regime existed for the privatizat ion of agricultural enterprises. Only employees of 
the former State-owned agricultural enterprises were eligible to participate in the privatization of 
agricultural enterprises. By 1 Janua ry 2000, 96 per cent of applicants ha d been issued with certificates 
for land ownership. Foreigners  could purchase land except that used for agriculture land  and forestry 
land. The Law “On normative price and procedure on sale and purchase of land covered the following : 
(a) sale and purchase of land, including of  land associated with privatized  objects or objects subject to 
privatization, as well as of land associated with unfi nished constructions; (b) setting the state fee for 
sale and purchase (bequest, donation)  of land; (c) exclusion of land from  in agricultural and forestry 
categories category , as well as from the  and land forming part of an agricultural cycle and  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 11 
 
 
excluding the allocation of such land to other categories; (c d) forced alienation  compulsory 
purchase of land; (d e) lease relations, (e f) establishing the prices for land mortgaging. 
25. In response to further requests for informati on the representative of Moldova stated that 
another key structural measure involved the liquidati on of the state farms and the distribution of land 
to individual farmers. From a pilot project in 1997, the project nationwide had been expanded to 989 former state farms and aimed at completing the proc ess by end 2000. By end of July 2000, some 875 
collective farms had entered into the privatiza tion procedures and around 65 per cent of land titled
had 
been allocated titles of ownership . By end 2000 Moldova would have handled process  989 farms, 
with at least 825 liquidated and individual titles i ssued representing 80 per cent of agricultural land. 
26. In response to further questions regarding the privatization of energy, the representative of 
Moldova said that the restructuring of the energy sector had started. The Law on the Concept of 
privatization of enterprises in the energy sector no. 63-XIV of 25 June 1998 envisaged that 
distribution companies would be privatized fi rst, followed by generating companies. The 
representative of Moldova said that Moldova was also  taking steps to complete the privatization of 
telecommunication enterprises and major wineries.  
27. In response to further questions, the representative of Moldova stated that the status of 
privatization in the Republic of Moldova was  set out in Tables 1 and 2 below.  
 
Table 1 
Sectoral Privatisation Data Profile for 1993-1999  
 
Sector Number of Objects 
approved for 
privatization Number of Objects 
privatized as of 
01.01.2000 Percentage of  Objects 
privatized 
Industry 1,521 1,461 96.05 
Agriculture  3,085 2,806 91.00 
Construction 441 408 92.51 
Transport 419 409 97.61 
Trade and Public Catering  180 170 94.44 
Consumer Services 402 365 90.80 
Other sectors 467 420 89.94 
TOTAL 6,515 6,039 92.70 
 WT/ACC/SPEC/MOL/4/Rev.5 
Page 12  
 
Table 2 
Sectoral Privatisation Data Profile by Privatisation Modes for 1993-1999
 
 
Sector Privatisation Mode Number of Privatized 
Objects 
Industry Sale through patrimonial  stated owned shares; 
Open outcry auctions with lowering or raising the initial 
price; 
Privatized through individual projects; 
Sale through investment tenders; Combination of many methods.    315 
1,098 
 
3 
8 
37 
Agriculture  Sale through patrimonial  stated owned shares; 
Open outcry auctions with lowering or raising the initial 
price; 
Privatized through individual projects; Sale through investment tenders; 
Combination of many methods. 644 
2,081 
 
20 
3 
58 
Construction Sale through patrimonial  stated owned shares; 
Open outcry auctions with lowering or raising the initial price; 
Privatized through individual projects; 
Sale through investment tenders; Combination of many methods. 90 
299 
 
0 
2 
17 
Transport Sale through patrimonial  stated owned shares; 
Open outcry auctions with lowering or raising the initial 
price; Privatized through individual projects; 
Sale through investment tenders; 
Combination of many methods. 94 
295 
 
7 
0 
13 
Trade and Public Catering  Sale through patrimonial
 stated owned shares; 
open outcry auctions with lowering or raising the initial 
price; 
Privatized through individual projects; Sale through investment tenders; 
Combination of many methods. 44 
122 
 
0 0 
4 
Consumer Services  Sale through patrimonial  stated owned shares; 
Open outcry auctions with lowering or raising the initial 
price; 
Privatized through individual projects; 
Sale through investment tenders; Combination of many methods. 78 
275 
 
0 
0 
12 
Other sectors Sale through patrimonial  stated owned shares; 
Open outcry auctions with lowering or raising the initial 
price; 
Privatized through individual projects; Sale through investment tenders; 
Combination of many methods. 78 
331 
2 
2 7 
TOTAL  6039 
Note: Subject to privatization: property of enterprise s, institutions, entities, associations, their structural 
subdivisions complex production units, objects from the Fund of uninhabitable buildings, unfinished 
constructions, dwellings, state-owned shares in compan ies privatized and to be privatized, as well as 
adjacent land of privatized and to be privatized  companies, land plots of the garden cooperatives.  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 13 
 
 
28. Some members of the Working Party sought in formation on the position of Moldova’s 
output and trade accounted for by unprivatized firms.  The representative of Moldova said that 
the majority of non-privatized enterprises we re reorganized and restructured in joint stock 
companies.  Presently, 644 state enterprises and 762 joint stock companies are being privatized and the share of the State is presented in the following way:  
No. of Enterprises Share of State Ownership 
186 0% - 10% 
96 10% - 30% 
76 30% - 50% 
404 50% - 100% 
 
The share of whole and partially owned State enterprises in the national economy (in %) 
Economic Ratios 1998 1999 9 months of 2000 
In GDP 25.0 25.4 n.a. 
In Industrial Output 29.8 30.2 25.0 
In Agricultural Output 3.6 2.2 n.a. 
In Retail Sales 7.4 7.1 5.3 
In Total External Trade 23.7 19.2 16.3 
 
29. He further added that the non-privatized enterprises were mostly in the energy sector 
and water supply.  The enterpri ses for forestry service, protec tion of plants and land sector, 
public alimentary sector and university institutions , auto and bus stations were not subject to 
privatization.  
30. 28. The representative of Moldova stated that Mo ldova would ensure the transparency of 
its ongoing privatization program and would keep WT O Members informed of progress in the reform 
of its economic and trade regimes. He stated that  his Government would pr ovide annual reports to 
WTO Members on developments in its program of privatization as long as the privatization programmes would be in existence, along the lines of that provided to the Working Party.  He also 
stated that his Government would provide annua l reports on other issues related to its economic 
reform as relevant to its obligations under th e WTO.  The Working Party took note of these 
commitments.  
- Pricing policy 
31. 29.
 In response to further questions the representative of Moldova stated that before 
January 1998 the Government of Moldova had established the prices and tariffs of energy. Starting 
with January 1998, tariff policy on energy was prom oted by the National Energy Regulatory Agency WT/ACC/SPEC/MOL/4/Rev.5 
Page 14  
 
(NERA), which had been created according to Governmental Decision No. 767 of 11 August 1997. 
NERA is a non-governmental, independent regul atory body, which operated in accordance with 
legislation of the Republic of Moldova. The prerogati ves, obligations and rights of the NERA were 
stipulated in the laws and governmental decisions on electric power and gas. According to paragraph 
6 of Governmental Decision No.767 of 11 August 1997, NERA had the following functions; issuance
 
issue of licenses for activities related to production, tran sportation, dispatching services, distribution, 
supplying, import and export of electricity, thermal en ergy and natural gas; regulation of tariffs for 
energy products and services; ensuring protection of  the rights of energy consumers; promotion of 
competition in the energy market. NERA had the ri ght to establish a methodology for the calculation 
of costs and tariffs of energy by electroenergetic  enterprises. The methodology was fixed for a three-
year period. The methodology was based on the est ablishment of the basic tariffs as “ceiling prices” 
with further adjustment of these tariffs, taking in to account the imported prices of fuel, energy and 
natural gas, inflation, depreciation of the nationa l currency, modification of the supplied energy, as 
well as other factors, which directly influence the tariffs. The most recent adjustment of the energy 
tariff was on in 21 March 2000 (NERA Decision No.20 of  21 March 2000).  This new tariff 
completely cover the real cost of energy, whic h as approved by NERA had entered into force on 1 
April 2000. The tariffs for production, transportation, distribution and marketing of energy had to cover the cost of production, as well as the necessary profit, which is limited by NERA. In addition to 
Governmental Decision No. 767 of 11 August 199 7, Governmental Decision No.547 of 4 August 
1998 "On State coordination and regulation of pri ces and tariffs" established the legal authority to 
apply state control over the prices for a num ber of items listed in table 3, below. 
Table 3 
Nomenclature of goods and services for which 
 
fixed prices are settled by the Government and/or local authorities  
Description of goods and services Regulating public body 
Services supplied by cadastral territorial au thorities  Ministry of Economy and Reforms  
Imported goods purchased for hard currency on the basis of  
interstate agreements  Ministry of Economy and Reform 
Land and subterranean resources Government of the Republic of Moldova 
Rent of public network by “Radio-Moldova” Company Parliament of the Republic of Moldova 
Paid medical services Ministry of Health 
Products and services of monopolies Ministry of Economy and Reforms 
Coal commercialized by  State Company “Moldova-
Combustibil” Ministry of Economy and Reforms  
Passenger transport services  Governmental bodies and local authorities 
Telecommunication, wire broadcasting, telegraph, postal 
services supplied for population within the Moldova’s 
territory  Ministry of Economy and Reforms 
Technical means for prophylaxis and rehabilitation of 
invalids Ministry of Economy and Reforms  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 15 
 
 
Description of goods and services Regulating public body 
Precious metals  Ministry of Finance 
Interurban and international ro ad transportation of passenger 
and freight (except air transport)  Ministry of Transport and Communication 
Freight transportation of rail transport services Ministry of Transport and Communication 
Air transportation of passengers State Agency of Civil Aircraft  
Natural gas, electric and thermal ener gy  National Energy Regulatory Agency 
Notary services  Ministry of Justice  
Natural comprised gas in bottles, used by the cars Ministry of Economy and Reforms 
Drugs and medical products, domestically produced Ministry of Health 
Elevator (lift) services Minist ry of Environment and Territory 
Development 
Aqueduct and sewerage services  Local authorities 
Sanitation services Local authorities 
Funeral services Local authorities 
Heating and water supply services Local authorities 
Rent services Local authorities 
 
Table 4 
Nomenclature of goods for which a limited profita bility was established (According to Governmental 
Decision no.335 of 24 May 1994)  
 
Description of product Up to [ -%] HS code 
Milk and dairy products 15 0401-0405 
Cheese with fat up to 2 per cent 15 0406 
Flour of I and II quality to make bread 10 1101-1102 
Bread and bakery products 10 1905 
 
At the same time, according to Governmental  Decision No. 547 of 4 August 1995 there were a 
number of goods (table 5), which for social reasons sh all be sold with a margin of profit that may not 
exceed 20 per cent of the wholesale price.  
Table 5 
Nomenclature of goods, which for social reasons shall be sold with a margin  
of profit that may not exceed 20 per cent of the wholesale price  
Description of product HS code 
Canned meat, fruits and vegetables for children 0702, 0704-0709, 1602 
Vegetables oil  1507-1515 
Butter and dairy products 0405 
Cheese 0406 
Sugar 1701 
Flour 1101-1102 
Bread and bakery products 1905 
Footwear for children Part of 64 
Notebooks for children 482020 
Household soap 340219 WT/ACC/SPEC/MOL/4/Rev.5 
Page 16  
 
Description of product HS code 
Detergents 3402 
Toys 9501 
Pharmaceutical products (approved by the Ministry of Health)* 30 
*profit margin may not exceed 40 per cent of the wholesale price. 
32. 30. The representative of Moldova confirmed that the price for goods and services in 
Moldova other than for the items listed in Tables 3-5 were not subject to State control.  
33. The representative of Moldova stated that a new Law on Prices had been drafted and 
was currently before the Parliament of th e Republic of Moldova.  The draft law 
(WT/ACC/MOL/34) reaffirmed the right of private entities freely to establish prices for traded goods.  In comparison with the exception of a list of goods and services the prices for which are 
controlled by the State.  In comparison with the Government Decision on prices and tariffs 
(reflected in Tables 3-5), the draft law wo uld decrease the number of goods and services for 
which the prices are controlled by the State, reducing in this way their incidence and granting 
more freedom to legal and natural persons who market goods and services.  
34. 31.
 The representative of Moldova confirmed th at Moldova would apply its current state 
prices and any other state prices or price controls applied from the date of accession in a WTO-
consistent fashion, and would ta ke account of the interests of exporting WTO Members as provided 
for in Article III.9 of the GATT 1994. Moldova wo uld publish any list of goods and services subject 
to State pricing or price controls in the “Monitoru l Oficial” of the Republic of Moldova, including any 
changes in existing measures. He al so stated that his Government w ould review the current legislation 
and would reduce the incidence of price controls in its economy. The Working Party took note of these 
commitments. 
- Competition Policy 
35. 32. The representative of Moldova stated that the legal framework for anti-monopoly 
regulation was Law No.906-XII of 29 February 1992 "On the Limitation of Monopoly Activities and the 
Development of Competition". This Law establishe d the fundamental principles for regulating the 
activity of enterprises having a de facto  monopoly and for supporting the development of competition.  
36. 33. The representative of Moldova added that as part of the implementation of the Law, a 
package of prudential requireme nts approved on 5 October 1993 (  the Governmental Decision No.619)  
of 5 October 1993 included provisional  several regulations dealing with monopolies. applying to 
holding companies.   Annex 2 of this document regulates the A State Register of monopolies on the 
market of the Republic of Moldova.  This regulation defines a “dominant position on the market”  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 17 
 
 
whereas a company on the market can exercise unilateral influence and prevent the access of 
other companies or limit the freedom of activity of  other companies.  A company is not considered 
to have was maintained of compan ies, which were major pr oducers of a product in the domestic market 
without holding  a dominant market  position if its market share does not exceed 35 per cent.  The 
State Register controls the existence of monopolies and the activity of such companies and sets 
state control on price setting, volume of production, the variety of goods, and the quality of goods 
and services.  The State Register includes companies whose market share exceeds 35 per cent and 
those whose actions or inactions infringe the current anti-monopolist legislation.  The State 
Register is compiled according to the decision of  the Ministry of Econom y and Reforms on market 
share based on statistical indices provided by the St ate Department on Statistics.  Market share is 
determined on the basis of:  (1) the volume of production for the main goods on the market, (ii) 
the marketing of the goods and se rvices, the export of goods and se rvices and (iv) the import of 
similar goods onto th e domestic market . The list was established for taxation purp oses as the 
Government considered that because of their de facto  monopolistic position on the domestic market they 
should pay an extra tax. Progressively, with the restructuring of the economy the position of these 
producers was being challenged by new pro ducers and by imports.  
37. 34. Some members of the Working Party asked for information on the manner in which 
Moldova’s Law "On the Limitation of Monopoly Activ ities and the Development of Competition" dealt 
with vertical and horizontal restra int arrangements, and th e recourse foreign firms had if opportunities 
were impaired by such arrangements.  In response, the representative of Moldova stated that vertical and 
horizontal restraint arrangements were forbi dden by the Moldovan Law "On the Limitation of 
Monopoly Activities and the Development of Competition"  if one of the parties had a dominant market 
position, i.e. a market share of 35 per cent or more; and if the arrangement led or could lead to restricting 
competition. Article 4(1) banned horizontal arrangem ents; Article 4 (2) banned vertical arrangements. 
The decision whether or not specific arrangements  violated the Law was taken by the Ministry of 
Economy and Reforms, Department of Antimono poly and Competition. Businesses, regulatory 
authorities, consumers associations , trade unions or the Department  of Antimonopoly and Competition 
could initiate proceedings on its  their own initiative. Foreign firms, like domestic firms, had the right to 
file complaints at the Public Prosecutor's Office. He further added that a unit in the Ministry of 
Economy to which foreign fi rms had access  monitored  checked competition. This unit in the Ministry 
of Economy and Reforms is called the Departme nt of Antimonopoly and Competition.  A new 
Law on Protection of Competition was elaborat ed and approved in the second reading by the 
Parliament in June 2000.  This Law will replace the existing Law on antimonopoly.  According to 
the new Law an independent body, a new National Ag ency for Protection of Competition, will be 
created. Moldovan Law allowed exclusive dealerships if they did not contravene the provisions of WT/ACC/SPEC/MOL/4/Rev.5 
Page 18  
 
Article 4(2). Existing exclusive deal erships did not need to be regist ered and the Government did not 
keep a register of such arrangements.  
IV.  FRAMEWORK FOR MAKING AND ENFORCING POLICIES 
- Powers of executive, legislative and judiciary, administration of policies on WTO-
related issues 
38. 35.
 The representative of Moldova stated that, in pursuance of the Constitution, the 
powers of the State were divided among the executiv e, legislative and judicial branches, with the 
President being the Head of State. The President of the Republic of Moldova was the guarantor of national sovereignty, independence,  and of the unity and territorial integrity of the nation. The 
President of the Republic was elected by freely expr essed, universal, equal, direct and secret ballot, 
with universal suffrage.  His term of office was four years.  Following consultation with the 
parliamentary majority, the President designated
 designates a candidate for the office of Prime 
Minister and makes use of the vote of confiden ce given him by Parliament to nominate the 
Government.  The President had the righ t to dissolve Parliament in the case of an inability to form a 
Government or when the passing of new legislat ion had been deadlocked  for three consecutive 
months. The Government consists of a Prime Minist er, a First vice-prime-minister, of ministers and 
other members, as determined by organic law.   A specific program of activities approved by 
Parliament sets the  guidelines, which the Government uses in the exercise of its powers. The role of 
the Government was to carry out the domestic and foreign policy of the State and to exercise general 
control over the public administration.  Parliament  was the supreme representative body of the people 
and the sole legislative authority of the State in the Republic of Moldova.  Pa rliament consisted of 101 
members.  The members of parliament were elected by freely-expressed, universal, equal, direct and secret ballot, with universal suffrage.  The Parliame nt enacted laws, ratified international treaties and 
checked the Executive, which was ac countable to Parliament.  The Judiciary was independent of the 
Executive and the Legislature.  The Supreme Court of  Justice, the Court of Appeal, Tribunals (High 
Courts) and Courts of Law (Magistrates and County Courts) administered Justice. The President on 
the basis of a proposition from a special Commission appointed judges, except for the Supreme Court. 
The members of the Supreme Court were appointed by Parliament. 
39. 36.
 The representative of Moldova said that there were several governmental entities 
responsible for making and implementing policies aff ecting foreign trade. The Department of Foreign 
Economic Relations (DFER) in the Ministry of Ec onomy was responsible for Moldova's international 
economic relations. The DFER prep ared implemented and coordina ted foreign economic policy and 
international co-operation. Respons ibility for economic policy as a whole rested with the Ministry of  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 19 
 
 
Economy and Reforms and included the implementa tion of the economic reforms undertaken in the 
framework of the transition to a market  economy. The Department of Customs Control implemented 
the Government's customs policy and ensured that customs legislation was observed. Parliament was 
the only competent body to set tariffs and taxes on imports and did so in the annual Budget Law up to 
the year 2000.  Thereafter, tariffs and taxes on imports would be established as Annexes to the 
Law on Customs Tariff .  
40. 37. The representative of Moldova said that the National Bank defi ned state national 
monetary policy and was responsible for the stability of the currency, regulate d the money supply, set 
the exchange rate policy and supervised the activities of commercial banks and other credit 
institutions. The National Bank issued licenses fo r the establishment of commercial banks, and 
organized and monitored prudential requirement s. The National Bank was independent of the 
Government and reported directly to Parliament. Th e Ministry of Finance formulated financial and 
fiscal policy including aspects relating to trade and s upervised the implementation of the fiscal regime 
in commercial activities. The Department of Standa rds, Metrology and Technical Supervision ensured 
that the requirements of standardization and cer tification were met. The Department provided 
information to importers on products subject to cer tification and on conformity procedures. There was 
also a State Agency for the Protection of Indus trial Property (AGEPI), and a State Agency on 
Copyrights. 
41. 38. The representative of Moldova said that Law No.853-XIII of 29 May 1996 "On 
Reorganization of the Judicial System", provided for a Supreme Court of Justice, Economic Courts, 
Military Courts, Courts of Appeal, five tribunals (High Courts) each covering one of five regions, to 
be set up. Law No.970-XIII of 24 July 1996 “On Economic Courts” stipulated the authority over disputes connected to economic re lations among natural and legal pe rsons. The Economic Courts had 
been established by Parliament and the Presiden t of the Republic of Moldova based on proposals
 
appointed judges and the Supreme Council of Magistrates on the basis of recommendations made 
to him . The Law “On Economic Courts” had established the following system for economic disputes: 
District Economic c Courts of districts , the Economic Court of the Republic of Moldova, and the 
Supreme Court. All disputes relating to the subject matter of the  WTO Agreements involving legal 
persons were required to be heard by the econom ic courts, whereas all disputes involving natural 
persons were required to be heard by the ordinary courts. Within the structure of the Economic Court 
of the Republic of Moldova there were two Appellate Bodies. Appeal and Causation Board.   
42. 39. In response to further questions the repr esentative of Moldova stated that any 
administrative decisions on issues covered by the WT O could be appealed. An appeal in the first 
instance could be taken within the responsible governmental institution according to Law No. 190-WT/ACC/SPEC/MOL/4/Rev.5 
Page 20  
 
XIII of 19 July 1994 “On Petitioning” with amendm ents introduced by Law No. 18-XIII of 14 May 
1998. Article 2 of the Law “On Petitioning” perm itted foreigners to address complaints to the 
respective governmental institutions or tribunals wh en their legitimate rights were affected. Articles 8 
and 9 stipulated that the timeframe for ex amination of petitions was between one week and to
 one 
month. In special cases the examination could take a maximum of two months.  
43. 40. The representative of Moldova also noted that appeals could be made to an 
independent tribunal. When both parties at the tria l were legal persons the economic courts examined 
the issue. There were two economic courts in Moldova. One had jurisdiction over the Chisinau 
municipality and the other over the rest of Moldova. If one of the parties to the trial was a natural 
person, the issue was brought before the ordinary cour t and other superior judicial institutions. Courts 
of first instance were based in each administrative unit (former rayons), in total 40. Despite the 
creation of new administrative units - judets, that c onsist of several rayons, courts of first instance 
remained in each former administrative unit, as well as major cities: Chisinau, Balti, Bender and 
Tiraspol had several such courts based on thei r internal administrative division. Higher-ranking 
tribunals were based in Chisinau, Balti, Bender, Ti raspol and Cahul. There was one Court of Appeal 
in Chisinau and the Supreme Court of Justice is also based in Chisinau. 
44. 41. In response to requests for information on the status of draft and implementing 
legislation concerning the various WTO Agreemen ts, the representative of Moldova presented in 
document WT/ACC/MOL/22 and WT/ACC/MOL/32 a detailed table entitled Analytic Note Listing 
Moldovan Legislation, Decrees, Decisions and Regula tions Relevant to the WTO Legal Texts: Status 
of Draft Legislation and Draft Amendments. He conf irmed that after ratification of the Protocol of 
Accession of Moldova to the WTO by the Mold ovan Parliament and Moldova’s accession to the 
WTO, the provisions of the WTO and Moldova’s Pr otocol would supersede any domestic laws and 
regulations found to contradict them. According to the Article 8 of the Constitution, the Republic of 
Moldova pledged to respect the Charter of the Unite d Nations and the treaties to which it is a party, 
and to observe in her relations with other states th e unanimously recognized principles and norms of 
international law.  The coming into force of an international treaty containing provisions contrary to the Constitution shall be preceded by a revision of the latter.  Whenever In case those
 international 
agreements of  to which the Republic of Moldova is a part y contain provisions in conflict with those 
contained listed in the this  in Moldova’s laws Law and normative acts adopted on this basis,  the 
provisions of the international ag reements are to be applied.   WT/ACC/SPEC/MOL/4/Rev.5 
 Page 21 
 
 
- Authority of sub-central governments 
45. 42. The representative of Moldova stated that the exclusive responsibility for making and 
implementing policies affecting foreign trade was vested with the central Government. However, 
according to Law “On Special Judicial Statute of the Gagauz-Yeri", the Gagauz-Yeri region was an 
autonomous territorial  territory entity  with authority to settle  safeguard  the political, economic and 
cultural matters in order to safeguard the  interests of its population. The Popular Assembly had 
competence to adopt local legislation in the fo llowing fields: science, culture, education; household 
and town-planning; health care and sports; local  budget; financial and fiscal activity; economy and 
environment; labour and social assistance. The Gagauz-Yeri region had no autonomous authority with respect to foreign trade, did not issue or implem ent technical standards, sanitary or phytosanitary 
measures standards 
and did not subsidize. 
46. 44. In response to further questions, the repr esentative of Moldova stated that Law No. 
344 of 23 December 1994 “On Special Judicial Stat ute of the Gagauz-Yeri” had established the 
autonomy of the "Gagauz-Yeri” region in econom ic matters mostly concerning its autonomy in 
administrating its own budget and running economic activity. This region had no authority regarding 
excise, stamp, or sales taxes or any other taxes re lated to trade, or on establishing requirements for 
investment, e.g., trade related investment measu res covered by the WTO Agreement on TRIMS. 
These were under the exclusive authority of the Mo ldovan Parliament. No legal act adopted by the 
People's Assembly of Gagauz-Yeri region would c ontradict Moldovan legisl ation or international 
commitments taken by Moldova. All WTO Agreem ents and Moldova's commitments in the WTO 
would be applied uniformly on its customs territory. 
47. 43. In response to requests for information re garding the Agreement on the Transnistria 
region, the representative of Moldova referred to the Memorandum on the Basis for Normalization of 
Relations between the Republic of Moldova and Transnistria signed in Moscow on 8 May 1997. The 
representative of Moldova confirmed that t he Memorandum, as well as  and the Agreement on the 
Organizational Basis of Social-Economic Collabora tion, signed on 10 November 1997, were the legal 
bases for settling the conflict. Based on this Moldov a was making every effort together with other 
interested countries to overcome the consequences of  the conflict. The activity undertaken so far had 
succeeded in ensuring economic stability and complia nce with Moldova’s external obligations. As 
regards issues related to foreign trade commit ments, Moldova succeeded in finding common ground 
with the Transnistrian authorities. The representativ e of Moldova stated that Moldova had signed a 
special protocol on customs cooperation with the Tran snistria region that foresaw mutual elaboration 
of customs policy, exchange of statis tics and facilitation of border measures.  WT/ACC/SPEC/MOL/4/Rev.5 
Page 22  
 
48. 45.
 The representative of Moldova confirmed that all fiscal, financial and budgetary 
activities performed by local governments would be in compliance with Article III of the GATT 1994. 
The representative of Moldova confirmed that sub-cen tral entities had no autonomous authority over 
issues of subsidies, taxation, trade policy or any other measures covere d by WTO provisions. He 
confirmed that the provisions of the WTO Agre ement, including Moldova's Protocol, would be 
applied uniformly throughout its customs territory and other territories under its control, including in 
regions engaging in border trade or frontier tra ffic, special economic zones, and other areas where 
special regimes for tariffs, taxes and regulations ar e established. He added that when apprised of a 
situation where WTO provisions were not being ap plied or were applied in a non-uniform manner, 
central authorities would act to enforce WTO provisions without requiring affected parties to petition through the courts. The Working Party took note of these commitments. 
V.  POLICIES AFFECTING TRADE IN GOODS 
- Registration and right to trade 
49. 46.
 The representative of Moldova stated that the Law “On State Regulation of Foreign  
External Trade Activity” No. 1031-XIV of 8 June 2000  formally recognized the right to 
trade establishes the legal basis for state regulation of external trade . Nevertheless, pursuant to the 
Governmental Decision No. 777 of 13 August 1998 “On Improving the Mechanism of Regulating 
Foreign  External Trade (Import Licensing)”, there were no specific registration requirements for 
engaging in importing. The only requiremen t was that the intention to perform  import activities 
should be mentioned in the statute of the enterprise. Enterpris es whose statutes did not yet specify 
import activities could add these without difficulties.  
50. 47. Some members of the Working Party requested further information on the meaning of 
the "statute of the enterprise". In response, the repr esentative of Moldova stated that the statute of the 
enterprise was comparable to the ar ticles of incorporation for corpora tions and to partnership agreements 
for partnerships. A detailed list of the informati on to be provided in the statute was contained in 
Article 23 of the Law “On Enterprises and Entreprene urship”. For certain type s of organizations, e.g., 
banks, insurance and joint stock companies and coopera tives, special provisions existed in the relevant 
laws. All types of enterprises, including those wi thout legal personality, had to be registered and 
required a statute. Statutes were not registered. Statutes were submitted together with the application for 
registration of the enterprises a nd a document confirming the payment of a registration fee. The 
representative of Moldova added that  all forms of business enterprises , including corporations, 
partnerships and individual firms could engage in the business of importing and exporting. Individuals 
could also engage in import and e xport activities of a commercial nature . The only requirement was that  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 23 
 
 
individuals had to register their activities as a busi ness. If the importation and exportation activities were 
for the individual personal consumption, there were no requirements. However, natural persons were not 
allowed to import or export goods, su bject to licensing. The same rules applied to foreigners and citizens 
of Moldova. 
51. 48. Some members of the Working Party asked whether Moldova could confirm that 
Governmental Decision No. 859 had established "activity licensing" requirements for firms 
performing certain activities, such as importing or wholesaling alcohol beverages or tobacco products; 
importing or selling petrol and diesel; and importing or trading in chemical and biological products 
and fertilizers for plants. Licensing appeared to also  be required for trade or storage of chemical 
reagents, inflammable liquefied gas and toxic chemical s ubstances in danger of deflagration ; ozone 
depleting substances; and ionic radiation sources and radioactive materials. In response, the 
representative of Moldova stated that only Law No.332 of 26 March 1999 "On the issuing of licenses 
Licensing  of C certain T types of A activities" established licensing requirements for some types of 
activities. Article 18  19 of Chapter V  “Final Provisions” provided that within two months' of the 
enactment of that law, the Government was require d to adjust its normative acts in accordance with 
the present law. Annex 2 of that Law listed the typ es of activities for which a licence was required and 
the responsible institutions for issuing such licensing. The list was presented to members of the 
Working Party in document WT/ACC/MOL/13 , and is reproduced in Annex II of this Report .  The 
representative of Moldova further noted that Articles 6, 7, and 12 of the Law “ On the issuing of 
licenses for certain types of activities On Licensing of Certain Types of Activities " governed the 
procedures for issuing and granting licenses. Article 13 of the Law “ On the issuing of licenses for 
certain types of activities On Licensi ng Certain Types of Activities ” provides for detailed procedures 
when an application for licence was refused. The applicant is informed within 3 days about the refusal 
to issue a licence following the date of adoption of such decision, indicating the reasons of rejection. 
The reasons to refuse the issue of a licence under th e Article 13(2) are: (a) inauthentic or changed 
data, contained in the submitted doc uments; (b) irrelevant conditions or lack of conditions (technical, 
technological, sanitary-hygienic and ecological secur ity of technological processes) necessary for 
performing the concerned type of activity the  listed in the application; (c) previous withdrawal of a 
licence for the same type of activity in cases of viola tions listed in the art.16 (c), (d) and (e); and (d) 
other conditions according to the legislation. The applicant may submit a new request when he has 
eliminated the causes, for the original re fusal of the application for the licence. Any licensing 
decision is open to legal challenges.  The decision of the Commission may be brought to courts in 
accordance with the established way.  
52. 49. The representative of Moldova confirmed that the former state foreign trade 
monopoly had been abolished and that no restrictions  existed on the right of foreign and domestic WT/ACC/SPEC/MOL/4/Rev.5 
Page 24  
 
individuals and enterprises to import and export go ods within Moldova's customs territory, with the 
exception that the importation and exportation of goods under licence could be undertaken only by 
registered firms, and with the exception of licensi ng requirements for those activities listed in Annex I 
of this Report, as called for
 required by Annex 2 of Law " On the issuing of licenses for certain 
types of activities On Licensing of Certain Types of Activities ". The importation or exportation of 
products covered by activity licenses was subject onl y to requirements consistent with the WTO 
Agreement . The activity licenses enumerated in Annex 2 of Law " On the issuing of licenses for 
certain types of activities On Licensing of Certain Types of Act ivities " did not restrict foreign 
participation as they  and applied equally to foreign and domestic businesses. Activity licenses were 
administered for the purpose of ensuring national security, product safety and the protection of human, animal or plant life or health. Th e criteria for granting activity licenses were
 are published in 
the ”Monitorul Oficial” of the Republic of Moldov a. The criteria for engaging in import and export 
trade in the restricted sectors were consistent with generally applicable restrictions placed on trade in 
similar domestically produced goods. The availability  of activity licenses was not restricted nor was 
the licensing applied to restrict imports, the  production, or wholesale or retail trade in any product. 
The representative o f Moldova stated that the  list provided in Annex 2 to the Law “ On the issuing of 
licenses for certain types of activities On Licensing of Certain Types of Activities ” was exhaustive 
and its expansion to other activities would require additional legislati on as stipulated in Article 2 (2) 
of that Law.  The list appears as Annex I to this Draft Report.    
53. 50. Some members of the Working Party noted that Annex 17 of the 1999 Budget Law 
provided for the collection of discriminatory fees in relation to the licensing of the activity  storage or 
wholesale  wholesaling of imported alcoholic beverages.  The fe e was five times the level of the fee 
for the storage of domestically produced alcohol.  Those members requested that this be brought into conformity with the requirements of Article III:4 of  the GATT 1994.  In response, the representative 
of Moldova acknowledged that the previous fees in relation to the licensing of the activity of
 storage 
or wholesale  wholesaling of imported alcoholic beverages were in consistent with the requirements of 
Article III:4 of the GATT 1994. The representative of Moldova confirmed that licensing fees did 
not depend on the value of the product and said that the Budget Law 2001 would include the following fee structure for the manufacturing, st orage, wholesale and importation of alcoholic, 
tobacco, gasoline and diesel products.   He noted that the
 The current  2000 and 2001 Budget Law s 
of the Republic of Moldova had brought all internal taxes and other internal charges, in 
particular those applied in relation to the li censing of storage or wholesaling of imported 
alcoholic beverages, into conformity with the requirements of the WTO.  deleted references to 
"imported" or "domestic" when describing the fees for licensing the activity of storage or w holesale.   WT/ACC/SPEC/MOL/4/Rev.5 
 Page 25 
 
 
Accordingly, the discriminatory fees were eliminated as of 1 May 2000, when the Budget Law for 
2000 came into force.  
Table 6 
Licensing fees structure for gambling, manufacturing storage, wholesale  
and importation of alcoholic, toba cco and gasoline and diesel products  
 
Type of activity Licence fees  
(in minimum wages) Equivalent in 
MLD 
1. Gambling 
 a) Operation of gambling machines with cash 
winning 200 per machine 3,600 
 
 b) Organisation of betting during sport and 
other contents 7% ot total value of 
bets received - 
 c) Organisation and holding of lotteries 7% of total cost of the 
tickets for digital and 
instant lotteries - 
 d)  Operation of casi no gambling tables with 
cash winnings 5,000 per table 90,000 
2.  Manufacturing and wholesale of alcohol 
products 1,000 18,000 
3.  Storage and wholesale of alcohol products 1,000 18,000 
4.  Import and wholesale of alcohol products 1,000 18,000 
5. Processing of tobacco manufacturing and 
wholesale of tobacco products 1,000 18,000 
6.  Wholesale of tobacco products manufactured in 
the country 1,000 18,000 
7.  Import and wholesale of tobacco products 1,000 18,000 
8.  Import of gasoline and diesel fuel  10,000 180,000 
9.  Wholesale of gasoline and diesel fuel 10,000 180,000 
10.  Retail sale of gasoline and diesel fuel at the 
petrol stations 1,000 18,000 
 
54. 51. The representative of Moldova stated that the 2000 and 2001 Budget Law s of the 
Republic of Moldova had brought all internal taxes and other internal  charges, in particular those 
applied in relation to the licensing of the activity of storage or wholesale of imported alcoholic beverages, into conformity with the requirement s of the WTO Agreement. He confirmed that from   
the date of accession Moldova would ensure that its la ws and regulations relating to the right to trade 
in goods and all fees, charges or ta xes levied on such rights would be in full conformity with its WTO 
obligations, including Articles VIII: I (a), XI: I and III:2 and 4 of the GATT 1994 and that it would 
also implement such laws and regulations in full conformity with these obligations. He confirmed in 
particular that activity licensing requirements woul d not abridge the right to import and export. The 
Working Party took note of these commitments.  WT/ACC/SPEC/MOL/4/Rev.5 
Page 26  
 
- Customs Tariff 
- Ordinary customs duties 55. 54.
 The representative of Moldova said that th e present import customs tariff of Moldova 
was approved every year as part of the Budget Law.  The representative of Mo ldova confirmed that after 
ratification of the Accession Protocol by the Mol dovan Parliament, the Moldovan Government would 
set the custom tariffs within the agreed ceiling levels. 
56. 53. In response to questions concerning the applied rates of the specific duties the 
representative of Moldova provided the Work ing Party with the following tabulation: 
Table 6 7 
Specific Duties  
 
Code Description Bound Rate of 
Duty 
2203 Malt beer 1.0 EURO/l 
2204 Natural wine, including strong wines; must of grapes other than in item 
2009 1.32 EURO/l 
220510 Vermouths and other wines flavored w ith herb or other aromatic substances 
in containers holding 2litters or less  1.32 EURO/l 
2206 Other fermented drinks (e.g. apple or pear cider, hydromel); mixtures of 
other fermented drinks and nonalcoholic drinks not mentioned in other 
items 0.24 EURO/l 
2207 Essential alcohol of 80 per cent or mo re; ethyl alcohol and other alcoholic 
drinks, of any concentrations 1. 0 EURO/l 
2208 Ethyl alcohol of up to 80 per cent:  1. 0 EURO/l 
2402 Leaf cigarettes, cigars  made of tobacco or its substitutes 2EURO/1000 pcs 
 
The representative of Moldova noted  that specific duties were admi nistered accordi ng to the normal 
rules of customs procedures. 
57. 54. The representative of Moldova provided the following tabulation of the average 
customs tariff rates: 
Table 7  8 
Description Year Percentage 
Simple average 1995 9.5 
Simple average 1996 n.a.* 
Trade weighted average 1995 5.9 
Trade weighted average 1996 4.8 (using 1995 trade weights) * 
Trade weighted average 1997 11.6 (using 1996 trade weights) 
Trade weighted average 1998 5.0 (using 1997 trade weights) 
Trade weighted average 1999 4.8 (using 1998 trade weights) 
* A simple average for 1996 was not calculated as the 1996 tariff included a number of relatively high fixed 
duty rates. When calculating the wei ghted average these could be ignored, as there had not been important 
import volumes in these tariff lines.  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 27 
 
 
58. 55. Some members of the Working Party said th at there was uncertainty concerning the 
previous applied customs tariff schedule currently applied  in Moldova. In response, the representative 
of Moldova submitted the customs tariff for 1998 , 1999 and 2000  in electronic format, which were 
parts was part  of the 1998  Budget Law and had superseded all previous customs tariffs . The 
Government had proposed to the Parliament to modi fy this system through the adoption of a customs 
tariff with base duty rates and applied rates as an annex to the Law on Customs Tariff. Only 
amendments to the tariff would be passed through the Budget Law.  
- Tariff quotas, tariff exemptions  
59. 56. 57. The representative of Moldova stated that in Moldova, at present, there were 
no tariff quotas.  In response to questions concerni ng tariff exemptions, the representative of Moldova 
stated that tariff exemptions did not depend on the type  of product but on its use. He provided a list of 
imports, which benefited from tariff exemptions. Th ey included charitable donations from organizations 
and individuals to recognized charity institutions , goods imported under "coo peration contracts", the 
GSP system, agreements of technical cooperation etc.  Import duty exemptions a pplied to raw material 
imports from all countries if the final product was su bsequently exported. Tariff exemptions other than 
those provided for in the context of a customs union or  a free trade agreement were applied on a M.F.N. 
basis. Moldova was prepared to undertake that exem ptions would only be granted to third countries in 
accordance with the provisions of the WTO. 
- Other duties and charges 
60. 58. The representative of the Republic of Moldova confirmed that the Republic of 
Moldova levied no duties and charges on imports other than ordinary customs duties and charges for 
services rendered . He further confirmed that Moldova had bound other duties and charges within the 
meaning of Article II:1(b) of the GATT 1994 at zer o in its Schedule of Concessions on Goods which 
is reproduced in Part I of the Annex to the Protocol of Accession. 
61. 59. The representative of Moldova confirmed that  the “consular charges” applied by the 
foreign representatives and embassie s of Moldova for performing cons ular actions and certifying or 
issuing documents with judicial importance were only applied to legal and natural persons of the 
Republic of Moldova.  These consular charges were not required for the authentication of documents 
necessary to import goods into Moldova. WT/ACC/SPEC/MOL/4/Rev.5 
Page 28  
 
- Fees and charges for services rendered 
62. 60.
 Some members of the Working Party asked whether Moldova levied other duties and 
charges, in particular any ad valorem  customs fees. In response, th e representative of Moldova said 
that Moldova had previously applied an ad valorem  customs user fee.  However, the Budget Law 2000 
removed the 0.25 per cent customs user fee and introd uced a flat fee reflecting the approximate cost of 
the services rendered. In addition to basic administrative expenses related to the processing of 
imported or exported goods, other related costs su ch as statistical services would be taken into 
consideration, as well as the apportionment of the general costs of improving basic customs 
infrastructure in order to facilitate movements of  merchandise. The revenues from the fee would be 
used to finance the Department of Customs Cont rol activities on the basis of a expenditure-sheet 
approved by the Government. 
Table 8  9 
Payment Rate for Customs Procedures  
Types of custom services Rate in Euro 
For the customs authorisation of goods with a customs value 
− Less than 50 
− Between 50 and 1000 
− More than 1000  
3 5 
0.25% of customs value but not more 
than 600 Euro 
For the customs authorisation of imported or exported goods that must be returned to the country of origin 
− For each customs declaration 
− For each additional customs declaration sheet  
 
30 
15 
For the authorisation of goods in the case of transit 
− For each customs declaration 
− for each additional customs declaration sheet  
10 
5 
For the authorisation of goods to be transferred to/or from the 
bounded customs warehouse  
− For each customs declaration 
− for each additional customs declaration sheet  
 
30 15 
For the authorisation of goods, that are outside of zones of 
customs control (companies premises), or outside of established 
working hours (per hour of one customs officers time)  
− outside of customs control zones  
− outside of office hours, Saturday, Sunday 
− public holidays  
 
  
20 
20 20 
For the cancellation of ordered services, stipulated in point 5, 
which was not motivated in due time and written form 20 
To submit the certificate of transport registration of chassis and 
engine toc, introduced on the territory of the Republic, as well as 
temporary, that must be registered in the Ministry of Internal 
Affairs 5  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 29 
 
 
Types of custom services Rate in Euro 
For storage goods at customs wa rehouse, for one kilo per each 
day  
− For the first 10 days  
− For each of the following days    
 
0.1 
0.5 
For the obligatory retention of goods to be left at custom, as 
mortgaged goods for each day of storage 
− For the first 10 days  
− for each of the following days  
 
0.5% of the total price of goods 
0.1% of the total price of goods 
To extend the valid period of th e customs declarant certificate 100 
Additional payment for issue of duplicate certificates by the 
declarant during the year 10 
To change the terms in custom declaration 0.1% of the customs value, but not 
more than 200 Euro 
For the re-evaluation of the customs value, indicated in the Custom declaration at the request of the company in the cases stipulated in the legislation 1% of the customs value but not more 
than 500 Euro 
For the escort of goods transported under the customs control 0.5 Euro for 1 km within stipulated 
time and 1 Euro for exceeding the 
stipulated time 
For applying of customs sealing devices and customs stamps 3 per piece 
For presenting evidence that confirm export and import operation 
did by companies 10 
For the customs authorisation of international mail sent by public 
at designated offices 0.4 
 
63. 61. The representative of Moldova confirmed th at, from the date of accession, Moldova 
would not apply or reintroduce an ad valorem  customs fee. Moldova confirmed that for import 
processing, fees would be applied in conformity w ith WTO obligations, especially Articles VIII and 
X of the GATT 1994.  The level of the applied fe e would not exceed the approximate cost of the 
customs processing of imports, revenues from the fee w ould be used solely for customs processing of 
imports and total annual revenue fro m collection of the fee would not exceed the approximate cost of 
customs processing operations for the items subject to the fees.  He confirmed that revenues from the fee would not be used for customs processing of exports or imports exempted from the fee, should there be any, or for any other objective.  Informa tion regarding the application and level of the fee, 
revenues collected and their use, would be pr ovided to WTO Members upon request. The Working 
Party took note of these commitments.  
- Import surcharge  
64. 62.
 In response to questions from members of the Working Party the representative of 
Moldova stated that due to particular balance of  payment difficulties, through Article 17.2 of the 1999 
Budget Law Moldova had introduced a special import surcharge at a rate of 5 per cent ad valorem  
which was applied to 700 tariff lines at the four di git level. The surcharge was applied only to those 
items to which Moldova applied a “zero” rate of cu stoms duty. When the MFN duty rate was zero, the WT/ACC/SPEC/MOL/4/Rev.5 
Page 30  
 
surcharge was applied on an MFN basis.  When the duty rate was not zero, but a zero tariff was 
applied to imports from some countries under free tr ade agreements, the surcharge was applied only 
to imports originating in the countries participating in the free trade agreements. He confirmed that on 
1 May 2000  Moldova had eliminated the import surcharge  on 1 May 2000 . 
65. 63. The representative of Moldova said that Moldova did not apply at this time any other 
charges on goods other than the  those above -mentioned in paragraph 64 .  He also said  confirmed 
that after accession all duties and charges applied on  imports other than ordinary customs duties and 
charges for services rendered would be in accordan ce with the WTO provisions. The representative of 
Moldova stated  confirmed that from the date of accession Moldova would ensure that all charges 
applied to imports were applied in  a manner consistent with the re quirements of the Understanding on 
Balance-of-Payments Provisions of the GATT 1994, as well as Article XII of the GATT 1994. The 
Working Party took note of these commitments. 
- Application of internal taxes on imports 
- Value Added Tax 
66. 64. Some members of the Working Party request ed Moldova to bring its VAT system in 
line with Article I of the GATT 1994, so that it was applied equally to imports from all third countries, 
including CIS countries. In response the representative of Moldova st ated that 20 per cent VAT was 
imposed on the majority of imported and dome stically purchased goods. The Budget Law 2000 had 
brought the application of excise tax and VAT i nto conformity with the relevant WTO provisions.   As 
the Title III of the Fiscal Code foresaw no such  exceptions, the 1999 Budget Law 1998 No. 216-XIV 
enacted on 12 December 1998 had brought the applic ation of VAT fully into conformity with the 
relevant WTO provisions, without any exceptions. The Budget Law 2000 had brought the 
application of VAT into conformity with the re levant WTO provisions through its Article 9(1), 
which states that VAT is levied on imported goods and services according to the provisions of 
Title III of the Tax Code.  In a ddition, the general application of the principle of destination for 
VAT purposes is also stipulated in Article 101(5) of Title III of the Tax Code, which came into 
effect on 17 December 1997.   He added that  VAT for domestically produced  goods was paid together 
with the price of the goods. Firms and enterprises submitted a monthly statement to the Ministry of 
Finance, not later than the 20th of the following month, and paid the VAT due together with the 
submission of the statement. VAT on imported goods  had to be paid before the goods entered the 
customs territory of the Republic of Moldova.   
67. 65. The representative of Moldova said that according to Budget Law 2000 (Article 25.1), 
VAT exemptions are the following:   WT/ACC/SPEC/MOL/4/Rev.5 
 Page 31 
 
 
a) power energy both imported and supplied by distribution networks or imported by 
distribution networks. Value added tax on power energy transportation is computed 
and paid to the budget in the generally prescribed manner; 
b) heat energy and hot water supplied to the population. Value added tax on raw 
materials, fuel, other materials and services relating to production and supply of heat 
energy and hot water to the population is not included in the cost value; 
c) electrical power networks of 35 kw sold by the State Enterpri se “Moldtranselectro”; 
d) precious metals and precious stones in any form and condition, including scrap and 
waste containing precious metals and precious stones, purchased by the State Depository of Valuables; 
e) the
 goods manufactured in the medical production (labour) shops under the 
psychiatric hospitals of the Ministry of Health in which disabled labour is used.  
f) Equipment, machinery and their components, (presented in Annex 17) lorries, tractors 
and combines both domestically produced or  imported, as well as their subsequent 
sale on the domestic market;  
g) importation and sale: of technologically superior seeds and standardised hybrids 
imported and used for propagation purposes a nd implementation of new technologies; 
fruit-growing and viticultural material fo r planting, as well as breed stock and 
poultry, premixes of proteins, vitamins a nd provitamines, antibiotics, veterinary 
vaccines, liquid nitrogen, nutritive additives. 
h) Raw materials, material s and spare parts and components imported by Society of 
Blind People to be processed;  
i) The activities linked to authentication of the rights of landholders.  j) The activities of drafting the texts, publishing and polygraph execution of books 
connected with areas of culture, educati on, and science (except for those with 
advertising, erotic and
 or pornographic character), as well as importation and sales of 
book products in the areas mentioned a bove and concerned periodical issues; 
k) Reconstruction works in the tuberculosis sanatorium for children in Ciadir Lunga to 
be funded with money granted by governments of Turkey and US as humanitarian 
aid. 
 
68. 66. The exemption from VAT of products fro m crop farming and animal husbandry in 
unprocessed form and on a live-weight basis during year 1999 did not extend to imports of similar products. The representative of Moldova stated that this practice woul d be discontinued and 
subsequently the Budget Law 2000 eliminated this exemption.  WT/ACC/SPEC/MOL/4/Rev.5 
Page 32  
 
- Excise Tax 
69. 67.
 The representative of Moldova stated that the current system of excise taxation treated 
some imported and domestic produ cts differently. Some members of the Working Party stated that 
although they welcomed Moldova’s recognition that the current exci se tax system treated some 
domestic and imported products differently, which was inconsistent  with Article III of the GATT 1994, 
they asked that the system be brought into co nformity with that provision. In response, the 
representative of Moldova stated th at the following excise tax rates included in the Budget Law 2000 
and reproduced in Table 9  10, are in compliance with the WTO requirements. He confirmed that the 
producers of the goods paid the excise tax on do mestically produced good s on a monthly basis. 
Producers submitted a monthly statemen t to the Ministry of Finance, not later than the 20th of the 
following month, and paid the excise due. Excise taxes on imported goods had to be paid before the 
goods entered the customs territory of the Republic of  Moldova. For this pur pose importers purchased 
excise stamps and marked the goods with the stamps.  The representative of Moldova stated that the 
timing of the payments of the excise tax on domestically prod uced goods and imports would be 
aligned more closely in the Budget Law for the year 2001.  
 
Table 9  10 
List of Excisable Products included in the Budget Law 2000  
Code Description of goods Unit measure Amount 
0901 Coffee, whether or not roasted or decaffeinated; coffee 
husks and skins; coffee substitutes containing coffee 
in any proportion. value in 
MDL  10% 
1604 20 101 other prepared or preserved fish of salmon (red caviar) value in 
MDL 20% 
1604 30 Caviar and caviar substitutes value in 
MDL 25% 
2203 00 Beer made from malt litre 0.8 MDL 
2204 10 110 Champagne litre 2.0 MDL 
2204 10 191 Classic sparkling wine litre 2.0 MDL 
2204 10 192 Natural sparkling wine litre 2.0 MDL 
Ex.220410991 Carbonated sparkling wine litre  2.00 MDL 
2204 21 Other wine; grape must with fermentation prevented 
or arrested by the addition of alcohol in containers 
holding 2 l or less, other than position 2009:   
 -of an actual alcoholic strength by volume not 
exceeding 13%vol: litre 1.00 MDL 
 -of an actual alcoholic st rength by volume exceeding 
13%vol: litre 1.20 MDL 
2204 29 wine other than that referred to an subheading 2204 
10, grape must with fermentation prevented or 
arrested by the addition of alcohol in containers 
exceeding 2 l other than position 2009:    WT/ACC/SPEC/MOL/4/Rev.5 
 Page 33 
 
 
Code Description of goods Unit measure Amount 
 -of an actual alcoholic strength by volume not 
exceeding 13%vol: litre 1.00 MDL 
 Of an actual alcoholic st rength by volume exceeding 
13%vol: litre 1.20 MDL 
2204 30 Musts other than positions 2204 21 and 2204 29 litre 1.00 MDL 
2205 Vermouth and other wine of fresh grapes flavored 
with plants or aromatic substances. litre 1.2 MDL 
2206 Other fermented beverages (for example, cider, perry, 
mead); mixtures of fermented beverages and mixtures of fermented beverages and non-alcoholic beverages, 
not elsewhere specified or included. litre 0.1 MDL 
2207 10 000 Undenatured ethyl alcohol of an alcoholic strength by 
volume of 80 % vol. or higher; except those used in 
pharmaceutical industry and medicine alcohol litre 
absolute 0.09 MDL/% 
vol/litre 
2207 20 000 Ethyl alcohol and other spirits, denatured, of any 
strength alcohol litre 
absolute 0.09 MDL/% 
vol/litre 
2208 20 Spirits obtained by distilling grape wine or grape marc   
 - current consumption  (not older than 6 years) litre  8 MDL 
 - matured (from 6 to 10 years old) litre  20 MDL 
 - old (more than 10 years) litre 60 MDL 
Ex.220820294 Brandy, in containers each holding not over 2 litre litre 0.09 MDL/% 
vol/litre 
Ex. 220820894 Brandy, in containers each holding more 2 litre litre 0.09 MDL 
%vol/litre 
2208 30 Whisky alcohol litre 
absolute 0.09 MDL/% 
vol/litre 
2208 40 Rum and tafia alcohol litre 
absolute 0.09 MDL 
%vol/litre 
2208 50 Gin and Geneva alcohol litre 
absolute 0.09 MDL 
%vol/litre 
2208 60 Vodka alcohol litre 
absolute 0.09 MDL 
%vol/litre 
2208 70 Liqueurs alcohol litre 
absolute 0.09 MDL 
%vol/litre 
2208 90 Undenatured ethyl alcohol of an alcoholic strength by 
volume of less than 80 % vol.; spirits, liqueurs and 
other spirituous beverages, except those from 220820-
220870) alcohol litre 
absolute 0.09 MDL 
%vol/litre 
2401 Un-manufactured tobacco; tobacco refuse. Tonne 2000 MDL 
2402 10 000 Cigars, cheroots  and cigarillos, containing to bacco 1,000 pieces 1000 MDL 
2402 20 Cigarettes containing tobacco   
 - containing clove s 1,000 pieces 7 MDL 
 - others 1,000 pieces 3 MDL 
2402 90 000 Cigars, cheroots and cigarillos, containing tobacco,  
Other, containing substitutes of tobacco 1,000 pieces 5 MDL 
Ex.2710 00 270 
Ex.2710 00 290 
Ex.2710 00 320 Ex.2710 00 340 
Ex.2710 00 360 
Ex.2710 00 390 Petrol for cars  Tonne 1200 MDL 
 Gas oils   
27 100 061 For undergoing a specific process Tonne 500 MDL WT/ACC/SPEC/MOL/4/Rev.5 
Page 34  
 
Code Description of goods Unit measure Amount 
2710 00 65 For undergoing chemical transformation by a process 
other than those specific in respect of subheading 
2710 00 61 Tonne 500 MDL 
2710 00 66 With a sulphur content not  exceeding 0,05% by weigh Tonne 500 MDL 
2710 00 67 With a sulphur content  exceeding 0,05% by weigh 
but not exceeding 0,2% by weight Tonne 500 MDL 
2710 00 68 With a sulphur content exceeding 0,2% by weight Tonne 500 MDL 
3303 00 10 Perfumes value in 
MDL 10% 
Ex.4303 Articles of apparel, clothing accessories and other 
articles of fur skin value in 
MDL 25% 
Ex. 7113 Articles of jewelry and parts thereof, of precious metal 
or of metal clad with precious metal. Value in 
MDL 10% 
Ex. 8520 Magnetic tape recorders and other sound recording 
apparatus, whether or not incorporating a sound 
reproducing device. MDL 15% 
Ex. 8521 Video recording or reproducing apparatus, whether or 
not incorporating a video tuner. Piece 10 EURO 
Ex. 8525 Transmission apparatus for radio-telephony, radio-
telegraphy, radio-broadcasting or television, whether 
or not incorporating recep tion apparatus or sound 
recording or reproducing apparatus; television cameras; still image video cameras and other video 
cam Piece 30 EURO 
8528 Reception apparatus for television, whether or not 
incorporating radi o-broadcast receivers or sound or 
video recording or reproducing apparatus; video 
monitors and video projectors.   
852812520 Not over 42 cm Piece 20 EURO 
852812540 More 42 cm, but not over 52 cm Piece 30 EURO 
852812560 More 52 cm, but not over 72 cm Piece 40 EURO 
852812580 More 72 cm Piece 50 EURO 
8703 Motor cars and other motor vehicles principally 
designed for the transport of persons, including station wagons and racing cars.   
8703 21  - of a cylinder capacity not exceeding 1,000 cc cm3 0.15 EURO 
8703 22 - of a cylinder capacity  exceeding 1,000 cc but not 
exceeding 1,500 cc cm3 0.20 EURO 
8703 23 - of a cylinder capacity  exceeding 1,500 cc but not 
exceeding 3,000 cc cm3 0.30 EURO 
8703 24 - of a cylinder capacity exceeding 3,000 cc cm3 0.80 EURO 
 Other vehicles, with compression-ignition internal 
combustible piston engine (diesel or semi-diesel)   
8703 31 - of a cylinder capacity  not exceeding 1,500 cc cm3 0.20 EURO 
8703 32  - of a cylinder capac ity exceeding 1,500 cc but not 
exceeding 2,500 cc cm3 0.50 EURO 
8703 33 - of a cylinder capacity exceeding 2,500  cm3 cm3 0.80 EURO 
Notes:  
1. Indicated excise tax rates were applicable to importation and production of goods subject of excises, 
regardless of the country of origin, set out for dale  sale in the home market and in the CIS countries 
with the which the Republic of Moldova did not enter into or ratified agreement on principles of 
indirect taxation of imports and exports of the goods (works, services). Spirits, wine in bulk and non fermented bulk and non-fermented tobacco sold to business which have fiscal relations with national 
budgetary system and have licensed operation aimed at production of excise taxable merchandise, are 
not liable to excise tax.  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 35 
 
 
2. If merchandise (production) liable to excise tax are sold in shapes which do not comply with measure 
units set forth for excise rates, taxation (application of excise stamps) shall be done based on approved 
rates after recalculation of the amounts into approved measure units. Recalculation of excise tax for 
alcohol related to contents of absolute alcohol shall be done in a similar way. 
3. In cases when merchandise liable to excise taxation, which have to be marked with excise stamps are 
sold (imported) in a shape which does not comply with measure units approved for excise rates, only 
one excise stamp is applied, however, its value subjected to taxation shall be determined at the moment 
of delivery, based on approved rates r ecalculated in the necessary measure units; 
4. Costume jewelry articles made of the customer's raw material are not liable to excise taxation, except 
cases of buy and sell transactions with the above mentioned articles. 
5. Amounts of excise taxes paid in the budget for the alcohol bought and used in medicine, pharmacology 
and veterinary are used for se ttlement of budget accounts; 
6. Rates approved for groups of merchandise (products) apply to all products included in the relevant 
group, according to the Moldovan Commodity Classification. 
7. The rate approved for imported cigarettes with filter shall be applied from the date of 1 October 2000. 
Before this date the rate of exci se tax for imported cigarettes with filter shall be 2 US$ for 1000 pieces.  
8. The fuel that subsequent to any specific processes is transformed and used as petrol or gas is subject to 
the normal rate of excise tax. 
  
70. 68. Referring to the table above, some member s of the Working Party asked Moldova to 
ensure that the exemption from excise tax for spirit s used in pharmacology and veterinary products did 
not create an incentive for abuse of the exemption. In  response the representative of Moldova stated that 
manufacturers of pharmaceuticals or veterinary products were  granted exemptions from excise taxes for 
imported spirits on a bona fide  basis if they declared that the im ported spirits would be used for the 
production of pharmaceut icals or veterinary products. However, exemptions from excise taxes were 
being monitored and unusual supplies, which coul d not be explained, would give rise to an 
investigation.  
71. 69. Some members of the Working Party reques ted information on how the Government of 
Moldova intended to amend the Budget Law to bring the VAT and excise tax regimes into conformity 
with WTO requirements. The representative of Moldova said that fiscal policy reflected in the Budget 
Law 2000 is based on the following: (i) the general application of the principle of destination for VAT 
purposes; (ii) no discriminatory VAT exemptions for domestic products; (iii) ge neral application of the 
principle of destination for excise tax purposes; (iv)  no discriminatory excise tax rates. The general 
application of the principle of des tination for VAT purposes is also stipulated in the new Law on VAT.   
72. 70. Some members of the Working Party referred to Note 1 of Table 10 and  stated that 
they were of the view that the excise taxation regi me on alcoholic beverages wa s inconsistent with the 
requirements of Arti cle III of the GATT 1994 in light of re cent WTO Dispute Settle ment proceedings. 
Those members  They asked how Moldova planned to ensure c onformity of its excise taxation of 
alcoholic beverages with the GATT 1994. In response , the representative of Mo ldova stated that the 
Budget Law for 2000  2001 had removed all inconsistencies as re gards the excise taxation regime on 
alcoholic beverages including Note 1 of Table 10 .  WT/ACC/SPEC/MOL/4/Rev.5 
Page 36  
 
73. 71.
 Concerning the application of the excise tax es, the representative of Moldova said that 
Moldova had signed bilateral agreem ents with Belarus, Kazakstan,  Uzbekistan and Armenia that 
provided for the implementation of destination of excise taxes as well. Starting with the Law on 
Budget 2000 the application of excise taxes was brought fully into conformity with WTO provisions with all countries.
  through specific bilateral agreements and as provided for in Article 10(1) of 
the Budget Law 2000 which states that the goods (products) produced on the territory of the 
Republic of Moldova and the imported ones are s ubject to excise tax according to Annex 5 and 
its Note, and Title IV (On Excise) of the Fiscal Code   which will be in force as of 1 January 2001.  
The provisions of Note 1 to Table 10 did not appear in the draft Budget Law 2001.  There would be no reference to specific bilateral agreements in this law.  
74. 72.
 The representative of Moldova confirmed th at, from the date of accession, Moldova 
would apply its domestic taxes, in cluding those on products listed in Table 10 and paragraphs 65 -71  
66-73  in strict compliance with Article III of the GATT 1994 and in a non-discriminatory manner to 
imports regardless of country of origin. The Wo rking Party took note of this commitment. 
- Quantitative import restrictions 
75. 73. Some members of the Working Party requested information concerning those 
provisions in Moldovan Law that authorized the Executive to apply quantitative restrictions. In 
response, the representative of Mol dova explained that under Article 13  11 of the Law “On State 
Regulation of External Trade”, adopted on 8 June 2000 Foreign Economic Activity”  the 
Government could restrict the export an d import of goods and services or to  suspend foreign economic 
transactions for balance-of-payments reasons or under other economic and political conditions. However, such temporary measures had to respect  the provisions of international treaties and 
agreements to which Moldova was a party (Article 3,
11 of this  Law “On Foreign Economic Activity” ). 
There were no specific rules on the duration of such temporary measures. Moldova did not maintain 
import prohibitions although import prohibitions coul d be imposed under this Law. He added that 
Moldova would only apply import restrictions, quotas and restrictive import licensing in conformity 
with the relevant WTO provisions. 
76. 74. Some members of the Working Party noted that Article 12 of the Law “On Foreign 
Trade Activity” appeared to authorize, as a rule, th e setting of quantitative restrictions, awarding of 
quotas and issuing of licenses "through holding a tender or  an auction" and that "distribution of quotas 
and issue of licenses are conducted by an authorized  body of public administration, with preference 
given to manufacturing organizations".  Those members asked whether the a uctioning of quotas, 
licenses and other quantitative restrictions was comp atible with the provisions of Articles II, XI, and  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 37 
 
 
XIII. In response, the representative of Moldova stated that Article 10 of the Law “On Foreign 
Economic Activity” provided that imp ortation and exportation was not  subject to any quantitative 
restrictions. The Government of the Republic  of Moldova could only introduce quantitative 
restrictions on import and export in the excep tional cases foreseen in the new draft law.  In response, 
the representative of Moldova stated that th e Law “On Foreign Trade Activity” has been 
replaced by the Law “On State Regulation of External Trade” No. 1031-XIV of 8 June 2000.  
Article 10 of the new Law “On the State Regulation  of External Trade” provides that the export 
from and import into the Republic of Moldo va is not normally subject to quantitative 
restrictions.  The Government of the Republic of  Moldova may, however, in exceptional cases 
establish quantitative restrictions on exports or imports in accordance with the present law and 
international treaties to which the Republic of Moldova is a party.  Governmental decisions 
concerning the introduction of quantitative restri ctions on imports and exports are required to 
be published at least 30 days before the entry into force of these restrictions. These exceptional 
cases were stipulated in Article 11 of the new Law “On Foreign Economic Activity”  and were in 
compliance with Articles XX and XXI of GATT 1994. In the case of establishment of any 
quantitative restrictions, the authorized public  body responsible for administration and 
distribution of quotas and the issue of licenses will follow Article 3 of the Law which provides 
that “where international agreements to which the Republic of Moldova is a party contain 
provisions different from those listed in the present Law and related normative acts, the provisions of the international agreements take precedence.   Governmental Decisions concerning 
the introduction of quantitative restrictions on import and expor t were required to be  published at least 
30 days before the entry into force of these r estrictions. In the case of establishment of any 
quantitative restrictions, the authorized public body  effected the administration and distribution of 
quotas and the iss ue of licenses. He further noted that Article  3 of the this Law that provided that the 
supremacy of that Law over any international agr eements to which the Republic of Moldova is part, 
the consistency with the WTO Agreemen ts is assured, including as regard s Articles IX and XIII of 
GATT 1994 . 
77. 75. Some members of the Working Party ask ed how preferential treatment in the 
distribution of licenses was compatible with the pr ovisions of Article III and XI. In response, the 
representative of Moldova stated that the Law on State Regulation of External Trade does not 
allow any preferential treatment.   Article 12 of the Law “On Foreign Economic Activity”  had been 
amended to delete all references to preferences.  Article 8 (1) of this Law provides that whenever 
State Policy regarding external trade is implem ented through non tariff regulation (especially 
by quota and licenses) of external trade this mu st be done in accordance with this Law, other 
laws and international agreements to which Moldova is a party.  WT/ACC/SPEC/MOL/4/Rev.5 
Page 38  
 
78. 76.
 The representative of Moldova said that at the present time Moldova had no 
quantitative import restrictions in place. He confirmed that from the date of accession, the Republic of 
Moldova would not introduce,  reintroduce or apply quantitative restrictions on imports or other 
non-tariff measures such as licensing, quotas, bans, permits, prior authorization requirements, 
licensing requirements and other restrictions havi ng equivalent effect that could not be justified 
under the provisions of the WTO Agreements.  The Working Party took note of these 
commitments.  
- Import licensing procedures 
79. 77. Some members of the Working Party requested information on the products subject 
to import licensing, the justifications thereof, th e authorities involved, the cost and procedures, and 
the documentation requirements. In response, the representative of Moldova confirmed that only a 
limited number of products were subject to licensing.  The product groups subjec t to licensing are listed 
in the following paragraph. Lottery-type inventions, equipment for different types of lottery, slot 
machines, fortune games, and industr ial waste subject to internationa l control were also subject to 
import licensing. The import licens ing system applied to imports irre spective of their origin, including 
imports from CIS countries and other countries with which Moldova had a prefer ential trade agreement. 
In order to provide the Working Party with further information, the  The representative of Moldova 
presented the Working Party with further information on import licensing in document 
WT/ACC/MOL/8/Add.1; which was revised and supplemented in document WT/ACC/MOL/15 /Rev.1 .  
80. 78. Some members of the Working Party asked to whom an application for import licence 
should be made. The representative of Moldova said that the relevant institutions and the  all product s 
subject to import licensing in Moldova,  groups covered,  as well as the reason for each licensing 
requirement and WTO justific ation are listed in the  Tables 10 -13 11-14 , below: 
Table 10  11 
Special Governmental Committee  
Product Group 
 HS-Code Reason for 
licensing GATT Reference 
Weapons, ammunitions, military 
equipment, kits to produce such 
equipment, works and services in the field of technical-m ilitary cooperation 93.00 National security Art. XXI (b) (ii) 
Explosive substances 36.01-36.04 National security Art. XXI (b) (ii) 
Nuclear materials, technologies, 
equipment and installations to produce 
such materials 2844, 8401 National security Art. XXI (b) (ii) 
  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 39 
 
 
Table 11  12 
Ministry of Health  
 
Product Group 
 HS-Code Reason for licensing GATT 
reference 
Pharmaceutical products  1204, 12 07, 1211, 
2924, 2935-2938, 
2941, 3001-3006, 
370110, 4014, 4015, 
481840, 481890, 7017 Protection of human, animal 
or plant life or health Art. XX (b) 
Medical and optical equipment, 
parts and accessories, bio-media for the development of 
microorganisms 9001-9004, 9018-
9022, 3821 Protection of human, animal 
or plant life or health Art. XX (b) 
Diagnostic tests and chemical 
reactive 3822, 38084 Protection of human, animal 
or plant life or health Art. XX (b) 
Drugs, substances with 
psychotropic effects; materials to 
produce such substances 1302, 2921, 2922, 
2926, 2929, 2932, 
2939, 280610, 2807, 
28416, 290231, 290911, 291411, 
291412, 29143, 
291524, 291633, 29242950, 29329073-
29329071, 293332, 
29394, 29396. Protection of human, animal 
or plant life or health ART. XX (B) 
 
 
Table 12  13 
 
Ministry of Agriculture and Processing Industry  
 
Product Group 
 HS-Code Reason for licensing GATT 
reference 
Poisons 280480, 280540, 
2837, 2838, 284160, 2904, 2907, 2908, 
291521,  Protection of human, animal 
or plant life or health Art. XX (b) 
Chemical and biological products 
for plant protection and stimulation of plant growing. 31, 3808 Protection of human, animal 
or plant life or health Art. XX (b) 
Tools and devices for vet services 9018-9022 Protection of human, animal 
or plant life or health Art. XX (b) 
 WT/ACC/SPEC/MOL/4/Rev.5 
Page 40  
 
Table 13
 14 
 
Ministry of Finance  
 
Product Group 
 HS-Code Reason for licensing GATT 
reference 
Precious metals (silver and gold), 
objects made thereof, alloys, semifabricates, wastes containing 
precious metals (except electronic 
articles containing precious metals), 7106, 7108, 7113, 
7114, 7115, 7118, 711210 Special role of gold and 
silver Art. XX (c) 
Petrol and diesel Ex.2710 Protection of human, 
animal or plant life or 
health Art. XX (b) 
 
81. 79. The representative of Moldova added that although imports of medications, drugs and 
medical equipment had previously been subject to pr ior authorization by the Mi nistry of Health, that 
requirement had now been eliminated following the Decision of the Constitutional Court No.14 of 
19 May 1998.  
82. 80. The representative of Moldova noted that ther e were no fees related to the issuing of 
import licenses. Licenses were automatic. A licence was required to be issued within five days after 
the complete set of documents had been subm itted. Import licenses were valid for the period 
requested by the importer. Import licenses could be extended upon the request of the importer.  
83. 81. The representative of Moldova confirmed that from the date of accession, Moldova 
would not introduce, re-introduce or apply other non-tariff measures such as licensing, quotas, prohibitions, bans and other restric tions having equivalent effect that  could not be justified under the 
provisions of the WTO Agreements. If balance-of-p ayment measures were ever necessary in the 
future, Moldova would impose them in a manner consistent with the relevant WTO provisions, 
including Article XII of the GATT 1994 and the Un derstanding on Balance-of-Payments Provisions 
of the GATT 1994.   Any further amendments to the impo rt licensing regime after accession 
would be fully in accordance with all relevant pr ovisions of the WTO, including the Agreement 
on Import Licensing Procedures. He furth er confirmed that any discretionary authority 
permitting the Government of Moldova to suspe nd imports or licensing requirements that could 
suspend, ban, or otherwise restrict the quantit y of trade would be applied from the date of 
accession in conformity with the requirements of th e WTO, in particular Articles XI, XIII, XIX, 
XX and XXI of the GATT 1994, and the Agreements on Agriculture, Application of Sanitary 
and Phytosanitary Measures, Import Licensing Procedures, Safeguards and Technical Barriers 
to Trade.  The Working Party took note of these commitments.   WT/ACC/SPEC/MOL/4/Rev.5 
 Page 41 
 
 
- Customs valuation 
84. 82. Some members of the Working Party noted that Governmental Decision No. 99 of 
27 February 1996 “On Customs Valuation” did not implement the WTO Customs Valuation 
Agreement and, in many cases, was in conflict w ith the Agreement. The regulations set forth in 
Decision No. 99 concerning the methods of valuation would need to be modified to conform to the 
Agreement, or revoked. Specific questions were raised w ith regard to Articles 1, 5, 6, 7, 8, 9, 11, 12, 
15 and 16, the Interpretative Notes, the Decision on the Treatment of Interest Charges and the 
Valuation of Carrier Media Bearing Software etc. The representative of Moldova stated that the Law 
on Customs Tariff of 20 November 1997 superseded Government Decision No. 99. However, changes 
in that Law were required to ensure full confor mity with the WTO Customs Valuation Agreement. 
85. 83. Some members of the Working Party posed many questions related to the apparent 
lack of conformity of the Draft amendments to th e Law on the Customs Tariff with the requirements 
of the WTO Agreement on Customs Valuation.  The representative of Moldova noted that all most of  
the inconsistencies identified by members of the Wo rking Party had been remedied in the final draft 
of the legislation. The draft amendments to the Law on Customs Tariff are The Draft Law is  
presently before Parliament and has  have  been approved in a second reading and will be enacted by 
the end of October  December 2000.     
86. 84. Some members of the Working Party asked  whether the Customs Law satisfied the 
requirements of Article 11 of the WTO Valuation Agreement. In response, the representative of 
Moldova stated that final version of the Article 7 (Rights and responsibilities of declarant) of the 
enacted Law provided importers with the right of appeal according to the procedures established by 
the Code of Civil Procedure, which stipulated in Chapter II the procedure to be followed while 
lodging a complaint in the economic courts and or dinary appeal procedure in its Chapter III. In 
addition, the Customs Code in its Chapter 16, Article  96 gave to the importer the initial right of appeal 
to an authority within the customs administration or to an independent body. The amended Law on  
Customs Tariff  introduced language for the right of  appeal without penalty. The new Customs Code 
also provides for the right of appeal acco rding to the WTO Valuation Agreement.  
87. 85. In response to questions from members of  the Working Party, the representative of 
Moldova noted that Article 10 of the Law on Cust oms Tariffs (Methods of determination of the 
customs value of the goods) provided for the se quential application of valuation methods and 
stipulated that the deductive and computed value me thods could be applied in  reverse order at the 
request of the importer.   WT/ACC/SPEC/MOL/4/Rev.5 
Page 42  
 
88. 86.
 Some members inquired whether Moldova applied minimum pricing or reference 
pricing. In response, the representative of Moldov a stated that Governmental Decision No. 1092 of 
29 October 1998 had introduced reference prices. The representative of Moldova confirmed that upon 
accession to WTO the import reference prices and other minimum import valuation schemes would be 
eliminated. Thus, the Governmental Decision No.1 092 of 29 October 1997 “On the obligatory control 
of customs valu ation for some imports goods” was valid until 31 December 1999.   The representative 
of Moldova confirmed that Decision No. 1092 expi red on 1 January 2000 and that there were 
presently no legal requirements related to reference prices. Moldova had eliminated the use of 
reference prices for determining the customs value of imports, and from the date of accession 
Moldova would not use minimum values, reference prices, or a fixed valuation schedule for the 
valuation of imports or to apply duties and taxes.  After accession Moldova assumed the obligation 
to respect all WTO provisions in this respect.  
89. 87. At a later stage and in responses  to the above questions, in document 
WT/ACC/MOL/14 /Rev.1  the representative of Moldova provided detailed information cross-
referencing the provisions of the Customs Valua tion Agreement with the Articles of the Customs 
Tariff Law.  
90. 88. The representative of Moldova confirmed th at, from the date of accession, Moldova 
would apply fully the WTO provisions concerning cu stoms valuation, including in addition to the 
Agreement on the Implementation of Article VII of  the GATT 1994, the provisions on the Treatment 
of Interest Charges in Customs Value of Importe d Goods and for the Valuation of Carrier Media 
Bearing Software for Data Processing Equipment. In accordance with these la tter provisions, only the 
cost of the carrier medium itself would be accounted for in the customs value.  He also confirmed 
that Moldova had eliminated the use of reference prices for determining the customs value of 
imports, and that from the date of accession Moldova would not use minimum values, reference 
prices, or a fixed valuation schedule for the valuati on of imports or to apply duties and taxes.  
He added that, as an international agreement,  the provisions of the WTO Agreement on the 
Implementation of Article VII of the GATT 1994 w ould supersede domestic law after accession. The 
Working Party took note of these commitments. 
- Rules of origin 
91. 89. Some members of the Working Party asked for confirmation that Moldova would adopt 
legal provisions for rules of origin that conform fully to the requirements of the WTO Agreement on 
Rules of Origin. The representative of Moldova st ated that the Customs Tariff Law of November 1997  
established Moldova's rules of origin.  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 43 
 
 
92. 90. In response to questions the representative of  Moldova said that rules of origin were 
required only for goods imported from countries covered by a preferential  trade agreement and from 
least-developed countries. The rules of origin und er the Free Trade Agreements signed with CIS 
countries and Romania, as well as under preferences in the framework of the GSP, were included in 
respective agreements. A valid, official certificate of  origin constituted the proof of origin. He further 
added that the country of origin was ascertained by verifying whether the certificate of origin which was 
submitted coincided with the merchandise to be imported. 
93. 91. The representative of Moldova confirmed th at Moldova would adopt legal provisions 
for rules of origin that comply fully with the re quirements of the WTO Agreement on Rules of Origin.  
Moldova’s regulations in this area were found in Chapter V of the Customs Tariff Law.  
Article 25 of the Law has been completed with a paragraph (3) that contains the following: “upon 
the request of an exporter, importer or any person  with a justifiable cause, assessments of the 
origin and preferential origin they would accord to  a good are issued as soon as possible but no 
later than 150 days after a requ est for such an assessment provid ed that all necessary elements 
have been submitted.  Requests for such assessments shall be accepted before trade in the good 
concerned begins and may be accepted at any late r point in time.  Such assessments shall remain 
valid for three years provided that the facts and conditions, including the rules of origin and preferential rules of origin, under which th ey have been made, remain comparable.   
94. 92.
 The representative of Moldova confirmed that from the date of accession Moldova’s 
preferential and non-preferential rules of origin would comply fully with the WTO Agreement on 
Rules of Origin, and that the requirements of Ar ticle 2(h) and Annex II, paragraph 3(d) of the 
Agreement, which require provision upon request of an assessment of the origin of the import and 
outline the terms under which it will be provided,  wo uld be established in Moldova's legal framework 
prior to accession.  The Working Party took note of this commitment. 
- Pre-shipment inspection 
95. 93. In response to questions from some member s of the Working Party, the representative 
of Moldova said that, in order to implement the Budget Law 2000 and  the legal framework for 
introduction of pre-shipment inspection is covered by Article 12 of  the Law “On State Regulation 
of the External Foreign  Trade Activity ”) which provides that: pre-shipment inspection includes 
the control of goods’ quantity and quality, pri ces, as well as the verification of customs 
classification; pre-shipment inspection is carried  out by an international organization on the 
territory of country delivering the goods for export  and/or import; the Government sets the pre-
shipment inspection procedures and the nomenclature of the inspected goods.  and to improve the WT/ACC/SPEC/MOL/4/Rev.5 
Page 44  
 
mechanism for customs valuation of goods, and for collection of stati
stics, and to enhance the quality 
and conformity verification of imported goods, th e Government of the Republic of Moldova had 
approved a Governmental Order “On Pre -shipment inspection of imported goods”. This Order was 
meant to be applied to all pre -shipm ent inspection activities carried out on the territory of the 
Republic of Moldova contracted or mandate d by the government or any government body . The 
Republic of Moldova would ensure that pre-shipme nt inspection activities were carried out in a non-
discriminatory manner, and that the procedures and criteria employed in the conduct of these activities 
were objective and applied on an equal basis to all importers affected by such activities.  
96. 94. The representative of Moldova confirmed that  in utilising pre-shipment inspection 
service providers, Moldova would ensure that the requirements of the Agreement on Preshipment Inspection were implemented in full. Moldova woul d take full responsibility to ensure that the 
enterprises operating on its behalf complied wi th the provisions of  the operations of any 
preshipment inspection companies retained by  Moldova meet the requirements of the WTO 
Agreements, including the establishment of charg es and fees consistent with Article VIII of the 
GATT 1994, and will comply with the due proces s and transparency requirements of the WTO 
Agreements, in particular Article X of the GATT 1994, and the Agreement on the 
Implementation of Article VII of the GATT 1994.  In respect to fees for remuneration of the pre-shipment entity the parties agree to mainta in at all times a fee structure complaint with 
WTO obligations.   WTO Agreements. Decisions by the enterprises could be appealed by importers 
in the same way as administrative decisions taken by the Moldovan Government.   Moldova 
confirmed that its pre-shipment inspection regime  would be temporary and would only operate until 
such time as the Moldovan Customs authorities were able to carry out the functions presently 
performed by pre-shipment inspection service pr oviders. The Working Party took note of these 
commitments. 
- Anti-Dumping, countervailing and safeguards 
97. 95. Some members of the Working Party requ ested that the Government of Moldova 
undertake a commitment that any anti-dumping, coun tervailing or safeguards measures would only be 
taken in conformity with the WTO Agreements  on Anti-Dumping, Subsidies and Countervailing 
Measures and Safeguards. In response, the representa tive of Moldova stated that the Government of 
Moldova was  had prepar ed ing a law on anti-dumping, counterva iling and safeguard measures, which 
would come into force on 1 January 2001 and would comply with the respective WTO regulations.   
98. 96. The representative of Moldova confirmed that Moldova would not apply any anti-
dumping, countervailing or safeguard measure until it had notified and implem ented appropriate laws  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 45 
 
 
in conformity with the provisions of the WTO Ag reements on the Implementa tion of Article VI, on 
Subsidies and Countervailing Measures, and on Safe guards. In the elaboration of any legislation 
concerning such anti-dumping, countervailing and safeguard measures Moldova would ensure their 
full conformity with the relevant WTO provisions , including Articles VI and XIX of the GATT 1994 
and the Agreements on the Implementation of Article VI, the Agreement on Subsidies and 
Countervailing Measures and the Agreement on Safeguard s. After such legislation was implemented, 
Moldova would also only apply any anti-dumpi ng duties, countervailing duties and safeguard 
measures in full conformity with the relevant WT O provisions. The Working Party took note of these 
commitments.  
- Export Regulation 
- Customs tariffs, fees and charges and internal taxes applied to exports 
99. 97. Some members of the Working Party asked Mo ldova to explain the justifications of 
export licensing requirements and the registration of export contracts. They expressed concern that the 
current customs user fee of a 0.25 per cent was in consistent with Article VIII of GATT 1994 and asked 
Moldova to bring its system into line with WTO rules.  
100. 98. The representative of Moldova said that there were no export licensing requirements 
and that the registration of export contracts had been abolished by Government Decision No. 777 of 
13 August 1997 “On Improving the Mechanisms of Regulating Foreign Trade” .  He confirmed that 
Government Decision No. 716 of 30 June 1998 had modified Government Decision No. 777 of 1997  
and abolished the export licence fee of 0.1 per cent.  
- Export restrictions 
101. 99. In response to questions, the representative of Moldova said that Moldova no longer 
maintained the temporary export restriction on un bottled wine intended to promote the quality image 
of Moldovan wine. Because the restriction had proved ineffective to achieve this objective it had been 
removed. The representative of Moldova said that if any of these policy instruments were introduced 
in the future, they would be fully consis tent with the relevant WTO provisions.  
- Export licensing 
102. 100. The representative of Moldova informed me mbers of the Working Party that export 
licenses were required for "goods with a special ch aracter" and that, in accordance with Government 
Decision No. 777 of 13 August 1997, the list of produc ts was the same as the list of products subject 
to import licensing reproduced in paragraph [ 80 78] above. It included wea pons, ammunition, military WT/ACC/SPEC/MOL/4/Rev.5 
Page 46  
 
equipment, kits to produce such equipment; explosiv es; nuclear materials, t echnologies, equipment and 
installations to produce such materials; ionic radi ation sources; drugs, psychot ropic effect substances 
and preparations, materi als to produce such substances a nd preparations, poisons; lottery-type 
inventions, means and equipment for different types of  lottery; slot machines, fortune games; chemical 
substances (including fertilizers and plant-protection substances) and industrial waste subject to 
international control; medicines, medical appliances and equipment. The list also included precious 
metals: gold and silver. 
103. 101.
 In response to questions from some member s of the Working Party, the representative 
of Moldova confirmed that the re gistration requirement for export contracts had been abolished by 
Government Decision No. 777 of 13 August 1997 “On Improving the Mechanisms of Regulating 
Foreign Trade”. The export licence f ee had also been abolished too. 
- Export subsidies 
104. 102. In response to requests for information,  the representative of Moldova said that 
Moldova did not maintain export subsidies, spec ial promotion or financing policies. If Moldova 
decided to introduce such measures in the future, th ey would be fully consis tent with the relevant 
WTO provisions. 
105. 103. The representative of Moldova stated that  from the date of accession Moldova would 
not maintain any subsidies, includ ing export subsidies, which met a definition of a prohibited subsidy 
within the meaning of Article 3 of the Agreem ent on Subsidies and Countervailing Measures, and 
would not introduce such prohibited subsidies fro m the day of accession. The Working Party took 
note of this commitment. 
- Internal Policies Affecting Trade in Goods 
- Industrial policy, including subsidies 
106. 104. In response to requests for information, th e representative of Moldova stated that the 
Government had a general policy to create a br oad-based market economy and to privatize all 
government-owned commercial enterp rises and assets. The Government also had a general policy to 
attract foreign investment into the country and to involve, as far as possib le, foreign investors and 
technology in all sectors of the economy for the purpose  of furthering the creation of a market economy   
and the privatization of government-owned commercial enterprises and assets. In dustry continued to be 
an important element in the development of the nati onal economy and, as part of its economic policy 
Moldova had identified priority development sectors. Tax incentives and relief were granted to sectors  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 47 
 
 
such as energy, transport, road building and tele communications in the form of priority loans and 
technical assistance provi ded by international organizations or bilateral co-operati on programmes. No 
subsidies were granted to do mestic industrial production.  In the year 2000, Moldova would grant 
accords the following  tax exemptions listed in Annex III : 
107. 105. In response to questions from members of the Working Party concerning the 
mechanisms and policies used to enable the deve lopment programmes for the agricultural sector, the 
representative of Moldova stated that the development of the agricultural sector was supported by the 
Government with the following measures:  
− privatization of land and of State-owned agricultural enterprises, e.g., state farms;  
− restructuring of privatized farms suppor ted by international aid agencies and 
establishment of an Agency for Assistance to Farms in Restructuring (ARA);  
− support to agricultural research in the framewor k of a major loan of an international aid 
agency; 
− improving the availability of credit at market rates to small farmers and preparation of a 
credit line for the agriculture sector as a whole which would be financed by an international aid agency;  
− financial support programmes;  
−
 improving the legislative framework. Mo ldova was redrafting the Law on the 
Normative Price of Land and was preparing a Law on the Sale of Land. Although the 
necessary legislation to regulate the tradi ng of land was not yet in place, efficient 
allocation of land and agricultural machinery wa s facilitated through leasing and renting 
arrangements.  
 108. 106.
 Some members of the Working Party aske d for information on Government aid to 
investment projects. In response , the representative of Moldova stated that Government aid to 
investment projects in the private sector was granted in the framework of: (i) concessions, in accordance 
with Article 46, Law “On Foreign I nvestment”; (ii) free enterprise z ones, in accordance with Article 46 
of that Law and the provisions governing such zone s; (iii) agreements with the BERD, including 
technical assistance and exemptions from VAT. Th e following investment pr ojects launched by the 
private sector had received Government aid: RE DECO according to the terms of the concessional 
agreement on prospecting and expl oitation of oil and gas (Article 26, 1999 Budget Law); modernization 
of Thermocomenergo carried  out by ROCARO. He stated that th e Government support measures for 
concessions were negot iated on an individual basis. They were not part of a Government investment WT/ACC/SPEC/MOL/4/Rev.5 
Page 48  
 
support program. There were no administrative proce dures for applying for and receiving this 
governmental a ssistance.  
109. 107.
 The representative of Moldova stated  confirmed that any subsidy programmes 
provided by his Government after accession would be administered in conformity with the Agreement 
on Subsidies and Countervailing Measures and that all necessary information on notifiable 
programmes would be notified to the Comm ittee on Subsidies and Countervailing Measures 
according to Article 25 of the Agreement upon entry into force of Moldova's Protocol of Accession. 
The Working Party took no te of these commitments.  
- Technical Barriers to Trade  
110. 108. Some members of the Working Party asked  Moldova to submit information on the 
measures being taken to meet the requirements of the TBT Agreemen t. Steps undertaken to ensure 
fulfillment of the TBT Agreement requirements in cluded the analysis of nonconformity and the 
adoption of measures for its removal, pursuing a tec hnical policy directed to applying international 
standards (or their drafts) while national standards were being elaborated. The elaboration of national 
standards was carried out by technical committees on standardization that co nsisted of specialists 
from interested parties. Moreover, newly develope d standards were being ha rmonized with relevant 
international or European standards. All st andards were revised every five years.  
111. 109. The representative of Moldova added that at present there were in force normative 
documents on standardization for the followi ng products or product groups in Moldova: 
 
Table 13 15 
The normative acts of standardization re lating to Different Products/Product Areas  
 
Normative documents on standardization Products/Product Groups 
Medico-biological requirements to ensure that food products are safe 
and meet minimum nutritional value requirements, issued by the Ministry of Health Food products  
Safety requirements as part of product standards Broad range of non-food products 
Norms and rules in construction  Construction and building activity 
Norms and rules on labour safety Se rvices provided at the work place 
Environmental protection norms, including radiation safety General 
 
Of 20,000 regional GOST standards, available within on the territory of the Republic of Moldova, 
Moldova actually applied approximately 8,000 standards, of which approximately 2,000 are 
mandatory. The amendments to the Law on Standardization and draft  the Law on TBT No. 866-XIV 
of 10 March 2000 stipulate sd that from 1 January 2002  the application of national standards would  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 49 
 
 
become voluntary. The application of a national sta ndard will remain mandatory only if a reference in 
a Technical Regulation is provided. An authorized  public authority may adopt a technical regulation 
only in accordance with legitimate objectives listed in the TBT Agreement. By 1 January 2002 the 
authorities of the Republic of Moldova will deve lop and make known the technical regulations, 
derived from the present mandatory standards. 
112. 110. The representative of Moldova confirmed that Moldova would intr oduce voluntary 
standards to prepare fo r its accession to the WTO. Agains t a background of a difficult economic 
situation, the absence of other obligatory techni cal requirements, Moldova considered mandatory 
standards the only practical way to  keep out poor quality or danger ous products. The newly developed 
standards were being harmonized with ISO standard s and the existing standards would be harmonized 
over time through a process of periodic revisions. Th e following publications contained information on 
technical regulations, st andards and procedures: 
- "Buletinul Standartisarii” (published in Moldova every two months in the Romanian 
and Russian languages); 
- "Monitorul Oficial” (published in Moldova monthly); 
- "Buletinul Standardizarii” (published mont hly in Romania in the Romanian language); 
- “Informationnii Ucazateli Standartov” (publis hed monthly in Russia n Federation in the 
Russian language). 
113. 111. Some members of the Working Party requested information concerning certification 
procedures. In response, the representative of Mold ova stated that product and service certification in 
the Republic of Moldova was carried out in the fra mework of the National Certification System, on 
the basis of the Law on Certification No. 652 of 28 October 1999 , Law on Consumer Protection 
Rights of the Republic of Moldova, Law on Standardization, and in concordance with ISO, ISO/CEI 
Guides, normative documents of National Standard ization and Certification Systems, harmonized 
with the above. In the Republic of Moldova the mandatory and voluntary certification was 
carried out in In conformity with General Procedure PG-01-05-92 issued by the Moldova Standard 
Department.  mandatory and voluntary certification is carried out in th e Republic of Moldova.  
Certification had a mandatory character only for products or services that can affect life, health, consumer’s property and environment. These pr oducts or services were introduced into the 
Nomenclature of products and services subject to mandatory certification, approved by the 
Department of Standards, Metr ology and Technical Supervision. The certification procedures for 
specific classes of products were spelled out by each accredited body and approved by the Department 
of Standards, Metrology and Technical Supervisio n in conformity with the Moldovan Standard SM WT/ACC/SPEC/MOL/4/Rev.5 
Page 50  
 
45-2 “National Certification System of the Re public of Moldova Product certification”. On 
3 
February 2000 a new Law on Certification came into force.  
114. 112. The representative of Moldova said those  these certification procedures, testing 
methods and certification activities are for domestic  and imported products , independent of the 
product’s origin and type of business organization of the applicant. Free access to all normative 
documents on standardization and certification pr ocedures was guaranteed for all applicants for 
certification from the Republic of Moldova and other countries. Single form certificates, protected 
with special signs were issued by the National Certification System of the Republic of Moldova. 
Moldova recognized certificates of conformity, issued by certification bodies with which bilateral or multilateral agreements of r ecognition had been signed.  
115. 113.
 The representative of Moldova said that currently, the certification regime in the 
Republic of Moldova was carried out by 22 certifi cation bodies and 71 testing laboratories, accredited 
within the National Certification System of th e Republic of Moldova by Accreditation Centers  in 
conformity with provisions of EN 45000 Standa rd. The Nomenclature of products subject to 
mandatory certification include: foodstuffs; electronics ; products and technologies  with a high level of 
danger; goods for children; cosme tics products; construction material s; machines and equipment; and 
furniture. The services subject to mandatory certification included hotels, dry cleaning, motor-repair, audio and video repair and household electrical appliances repair services. 
116. 114.
 He further added that through their participation in the technical committees, domestic 
producers were being made aware of the contents of drafts on standards. Besides the national standards 
Moldova applied international standards (ISO, IEC) , regional standards (GOST, EN) and Romanian 
standards (STAS, SR). Moldova resp ects International Conventions re gulating the safety of chemical, 
toxic, inflammable, explosive and other substances. In Moldova, there were no specific regulations or 
requirements covering elec trical safety, telecommunications eq uipment, medical devices and other 
classes of equipment. Product cert ification in the Republic of Moldova  is carried out according to the 
provisions of the TBT Agreement regarding the as sessment of conformity. Moldova did not apply 
specific certificate classes, excluding  except hygienic certificates introduced  issued by the Ministry of 
Health, as component part of certificates of confor mity. The requirements related to hygienic certificates 
are specified in the technical regulations of the Mini stry of Health. The State Inspections for Consumers' 
Rights Protection and products quality control perfo rms quality control during the production process, 
storage and sale. storing and commercialization. Domestic products    Imported goods were subject to 
the same standards as domestic foreign  goods.   WT/ACC/SPEC/MOL/4/Rev.5 
 Page 51 
 
 
117. 115. In response to additional questions c oncerning certification procedures, the 
representative of Moldova said that recognition by certification bodies  of Moldova of the certificates 
issued in CIS countries and Romania was based on the bila teral agreements.  The Moldovan 
National Standardization Body would enter into consultations with other countries with the aim 
of accepting the results of confor mity assessment procedures of ot her member countries, as called 
for in Article 6 of the Agreement on TBT which provides the rules for the elaboration of the conformity assessment procedures.  only certificates from certificati on bodies in the CIS countries and 
Romania were recognized currently in Moldova. Recognition by certif ication bodies of Moldova of t he 
certificates issued in CIS countri es and Romania was based under the bi lateral agreements signed with 
these countries. Moldova was read y to start negotiation with othe r countries for recognition of 
certification procedures an d conformity certificates. The representative of Moldova said that Article 4.4 
of the Law on Standardization of 22 September 1995 expressly provided that Moldovan standards had to 
be based on modern scientific research, techniqu es and technology, on inte rnational and regional 
standards and on advanced standards of other countries. Also Articl e 18 of the Law stipulated as the 
main objective of internat ional co-operation between Mo ldova and other countries of  the achievement 
of the harmonization of national standards with inte rnational and regional standards and with advanced 
national standards of other countries.  
118. 116. In response to requests for informatio n concerning the compatibility of the national 
draft  legislation with the requirements of the WTO Agreement on Technical Barriers to Trade, the 
representative of Moldova provided the requested  information in the document WT/ACC/MOL/16 
and 19 WT/ACC/MOL/19/Rev.1 . Remaining measures to be taken by Moldova to bring legislation 
into conformity with WTO provisions, and their timeframe, are d escribed below.    
Table 14  
Timeframe for bringing national legislati on into conformity with WTO provisions  
 
Measure  Description of measures  Implementation period  
    Adopted Law no. 919 -
XIV of  12 April 2000.  
    Adopted Law no. 652 -
XIV of 28 October 
1999.  
    Adopted Law no.866 -
XIV of 10 March 2000.  
Adoption of the new 
Law on Protection of 
Consumers' Rights  insures the right of each consumer to instruction 
regarding his rights;  
to be assured that goods purchased do not present a 
danger to his life and  health or to the environment;  
to secure compensation for quality -defective products 
and to compensation for any damages to his life and 
health resulting from such products.  December 2000  WT/ACC/SPEC/MOL/4/Rev.5 
Page 52  
 
Measure  Description of measures  Implementation period  
Setting up and full 
operation of the inquiry 
point  to be able to an swer enquiries from WTO Members and 
interested parties as well as to provide the relevant 
documents regarding: technical regulations, standards and 
conformity assessment procedure;  
is responsible for legal or administrative reasons for 
notification procedu res required by the WTO Agreement . October, 2000  
Accepting and 
Implementation of 
Code of Good Practice  Implementation of the terms and definitions for the 
purpose of TBT Agreement;  
to ensure the ongoing compliance with provisions of the 
agreement concerni ng: 
Non-discrimination with respect to the treatment of 
products;  
the prohibition of unn ecessary obstacles to international 
trade;  
the consideration of appropri ate international standards, 
guides and recommendations as a basis for a standards;  
non-discrimi natory and cost -based fee structure.  January, 2001  
Implementation of the 
Plan on development of 
voluntary standards  Provides for transformation from the mandatory 
standards into the Technical Regulation and Voluntary 
Standards, based on review that they are appropriate to 
achieve the desired legitimate objective;  
Development of legal documents for covering the 
regulated area.  2000 -2003  
  
 
During 2001
 
Schedule of recognition 
of conformity 
assessment procedures   Schedule provides for intention of Moldova  to sign 
bilateral agreements on mutual recognition or 
acceptation of the results of conformity assessment 
procedures.  2000 -2001  
 
119. He said that Moldova has adopted a number of new laws to bring its national legislation 
fully into conformity with the WTO provi sions on standards. Law no 652-XIV of 
28 October 1999 ”On Certification” provides for th e development and application of conformity 
assessment procedures; and the acceptance of the results of conformity assessment procedures 
conducted by appropriate bodies in an expo rting member country with whom Moldova had 
signed a bilateral agreement on mutual rec ognition, or where Moldova had acceded to a 
specialised regional or international organisatio n. It further provided for non-discrimination in 
respect of the treatment of products and a cost-b ased fee structure. According to Article 20 (1) 
of the Law on Certification “when the international (interstate) agreements, to which the Republic of Moldova is a party, establish other provisions than those provided by the legislation 
of the Republic of Moldova, the provisions of the international (interstate) agreement are 
applied”.  Law 919-XIV of 12 April 2000 which ha d amended existing Moldovan legislation on 
standardisation provides comprehensive rul es for the publication of the programme for 
developing standards. It set the appropri ate international standards, guidelines and 
recommendations as the basis of Moldovan techni cal regulations and conformity assessment 
procedures.  The representative of Moldova said th at in accordance with Articles 8 and 13 of the 
TBT Law, the procedures of conformity assessment  applied to imported goods were similar to  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 53 
 
 
the procedures applied to local production, and should conform to the provisions of the WTO 
TBT Agreement. 
120. The representative of Moldova said that Article 16 of the Law 866-XIV of 10 March 
2000 on TBT provided for compliance with the provisions of the Code of Good Practice for the development and application of technical regul ations, standards and conformity assessment 
procedures. It stipulated that unnecessary obstac les to international trade must be avoided and 
less trade restrictive alternatives found.  It provi ded for the implementation and administration 
of the TBT Agreement, and the identification  of the authority responsible for making 
notifications to WTO, giving a reasonable peri od of time between the final publication of 
technical regulations and their entry into force so that suppliers could adapt. According to this 
law the National Body of Standardisation has th e responsibility to fulfil the provisions of the 
Code of Practice for the preparation, adoption an d application of new standards in the light of 
the TBT Agreement.  The Code of Good Practice  and all terms and definitions necessary for the 
implementation of the TBT Agreement would be in operation by 1 January 2003.  
121. He confirmed Article 8 of the Law on TBT provides regulation concerning the 
recognition of equivalency of technical regulatio ns of other countries and states the following:  
“1) Technical regulations of other countries are considered equivalent with national technical regulations where they: a) are not in contradiction with the provisions of the legislation of the 
Republic of Moldova; b) contribute, in an ef fective way and to the same degree, to the 
implementation of the objectives provided by th e natal technical regulations; 2) The recognition 
of the equivalency of technical regulations of other countries with those of the Republic of Moldova lies within the competence of public authorities which, in accordance with the 
legislation of the Republic of Moldova, have th e power to establish mandatory requirements for 
products”.  The Government of Moldova would comply with the provisions of Article 6 of the 
TBT Agreement and presently has under considerat ion the question of realistic timeframes for 
implementation. Legal instruments would be issued during 2001 to provide for the complete transformation of Moldovan practice from pre- existing mandatory standards into a system 
based on technical regulations and appropriate voluntary standards.  
122. 117.
 In response to questions from members of  the Working Party, the representative of 
Moldova noted that an  inquiry point had been created within the National Center for Standardization 
and Certification and would be operating within the Moldovan Department of Standards to 
answer enquiries from WTO members and int erested parties, and to provide relevant 
documents on technical regulations, Mold ovan standards and conformity assessment WT/ACC/SPEC/MOL/4/Rev.5 
Page 54  
 
procedures.  This inquiry point was responsible legally and administratively for all relevant 
notification procedures required by the WTO TBT Agreement . The address is was
: 
28, Coca street, Chisinau  
Republic of Moldova 
Tel: (373-2) 75-09-81 
Fax: (373-2) 75-05-81 E-mail: Moldovastandard@standart.mldnet.com Director:
 Mr. Lupascu Vasile 
123. 118. The representative of Moldova confirmed that from 1 January 2003, the 
application of all national standards would be come voluntary.  At the end of this period, 
national standards would remain mandatory on ly by reference to a technical regulation, 
adopted by a public authority in accordance with legitimate objectives, such as national security, preventing of misuse practices, protectio n of the health and life of physical persons, of 
the health and life of animals, plants protection,  environment protection.  He added that prior 
to the date of accession, confor mity assessment procedures would be issued, supporting the 
provisions of Article 6 of the WTO Agreement on TBT and Article 8 of Moldova’s Law on TBT, 
confirming Moldova's intention to sign bilatera l agreements on the mutual recognition and also 
the acceptance of conformity assessment procedur es in other countries.  He also confirmed that  
Moldova would implement the WTO Agreement on Technical Barriers to Trade from the date of 
accession, in accordance with the Sche dule contained in Table no.14 and 
without recourse to any 
other transition period . The Working Party took note of these commitments.  
- Sanitary and phytosanitary measures 
124. 119. Some members of the Working Party requested detailed information concerning 
agricultural products, in particular  how Moldovan standards and regulatio ns compared with those of the 
Codex Alimentarius (Codex), Organization of International Epizootics, and the European Plant Protection Organization. In respon se, the representative of Moldova said that Moldovan standards and 
regulations fully complied with the regulations of  the Codex Alimentarius. Moldova was a member of 
the Organization of International Epizootics and was using its regulations. Moldova was not a member 
of the European Plant Protection Organization. 
125. 120.
 In response to requests for information, th e representative of Moldova said that the 
following products required a hygien ic certificate from the State Sanitary-Epidemiological Service: raw 
materials, machines and equipment the use of whic h may constitute a source of danger for human 
health; goods for children; material s and equipment used in drinki ng water systems; cosmetics and 
perfume; soap and detergents; textil es. The certificate for domestic goods was issued on the basis of  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 55 
 
 
relevant documentation, including the results of hygien ic tests. For foreign products, the certificate was 
issued based on a safety certif icate of the exporting country and additional tests in Moldova.  
126. 121. Concerning the veterinary inspection and quarantine requirements that applied to 
livestock, animal products, fish, veterinary drugs a nd animal feed, the representative of Moldova said 
that the Moldovan Law on Veterinary Activity obliged hol ders of livestock to: (i) respect the veterinary, 
sanitary and zoo-hygienic rules regarding the main tenance, feeding reproduc tion and exploitation of 
animals; (ii) take the  necessary actions  to prevent infectious diseases and, to eradicate sources of 
infections and prevent their spread ing; (iii) ensure systematic me dical examination of personnel and 
prohibiting  the employment of sick person s; (iv) notify without delay the veterinary authorities about the 
existence or suspicion of existence of a diseas e which could require the imposition of quarantine 
measures, isolate the sick or dead animals, and prevent the use or sale of their meat; (v) notify within 24 
hours the local veterinary authorities of the acquisi tion of animals from other areas of the country and 
keep these animals separate from the existing stock; (v i) provide to the veterinary authorities access to 
the animals for inspection purposes; (v ii) sell animals, products and meat  only with the authorization of 
the local veterinary service; (viii) keep the faciliti es (stables, pastures, water supply) in clean condition, 
in accordance with veterinary regulations. The impor tation into Moldova of livestock for breeding was 
only permitted if: (i) no infectious diseases had occurred, in conform ity with the requirements of the 
Republic of Moldova; (ii) an insp ection had been carried out in the country of exportation by a 
recognized agency, at least 30 days prior to importatio n; (iii) the livestock to be imported into Moldova 
did not have any disease; (iv) and the radioactivity of the livestock did not exceed 360 bk/kg. He further 
added that the importation into Moldova of livestoc k for slaughtering was only permitted if: (i) no 
dangerous infectious diseases had oc curred during the last 30 days prio r to importation in the country of 
exportation; (ii) it was in good condition; (iii) and th e radioactivity of the livestock did not exceed 360 
bk/kg. Additional information in this respect including the conditions for the importation of fish and 
seafood products have been circulated in documents WT/ACC/MOL/35 and 
WT/ACC/MOL/20/Rev.1.  were determined on a case by case basis. No specific requirements existed 
for  The same principles applied to the importation of veterinary drugs and animal feed.   
127. 122. The representative of Moldova presented the fo llowing table, containing an overview of 
the regulations, the goods concerne d and the competent authority: WT/ACC/SPEC/MOL/4/Rev.5 
Page 56  
 
Table 15
 16 
Overview of Sanitary and Phytosan itary regulations, goods concerned  
and the competent authorities  
 
Rules Goods/Objects Competent Authority Certificate 
Issued 
Medico-Biological 
Requirements 
No.5061-89 Food safety 
requirements 
(harmonized with the Codex Alimentarius) food products State Sanitary-Epidemiological 
Service (Ministry of Health) Hygiene 
Certificate 
Sanitary requirements as part of product 
standards  raw-materials, machines and 
equipment the use of which may 
constitute a source of danger for human health; 
goods for children; 
materials and equipment used in drinking water systems; 
cosmetics and perfume; 
soap and detergents; - textiles State Sanitary-Epidemiological 
Service (Ministry of Health) Hygiene 
Certificate 
Phytosanitary requirements 
(harmonized with the  European Plant 
Protection 
Organization) products, materials or objects which 
could contribute directly or 
indirectly to the spreading of pest, diseases or objects under 
phytosanitary quarantine Chief State Inspectorate for the 
Phytosanitary Quarantine 
(Ministry of Agriculture) Import Permit, 
Phytosanitary 
Certificate (for export) 
Veterinary requirements  
(harmonized with 
International Epizootics 
Organization) live animals of all kinds; 
meat and meat products; 
milk and milk products; 
poultry, eggs and egg products; fish and sea-food-products and raw 
materials of animal origin; 
products of animal origin for animal feeding; 
- goods for veterinary use. State Veterinary Inspectorate 
(Ministry of Agriculture) 
 Sanitary Avis, 
Authorization, 
Veterinary 
Health Certificate 
 
Notes : 
The competent authority prep ared the relevant technical requirements jointly with Moldovastandard. Testing and 
certification for SPS purposes is the competence of the body i ndicated in Column 3. For testing, these bodies may 
engage the services of accredited State laboratories. 
For product standards that are composed of SPS and ot her non-SPS components, Moldovastandard on the basis of 
the hygiene certificate (for the SPS components) and additional testi ng (for the non-SPS components) does 
certification for conformity with the relevant  product standard (conformity certificate). 
Hygiene Certificate of the State Sanitary-Epidemiological Service: Domestic producers are issued a hygiene 
certificate with a validity of up to three years on condition that their production method does not change. Importers receive a certificate valid only for the shipment concerne d. Imported goods are inspected  at the customs office of 
the district where the importer is registered. Importers of perishable goods may conclude an agreement by which 
the foreign production site is issued with a hygiene certif icate of up to three years’ validity and the goods are 
stamped with a special stamp i ndicating that the goods have been  produced according to Moldovan SPS 
requirements. In all cases the issuance of  the hygiene certificate is subject to ex amination, either of the shipment or 
of the production facilities (including the products) and subject to the same sanitary requirements.  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 57 
 
 
Import Permit of the Chief State Inspec torate for the Phytosanitary Quarantine : This document is only required for 
imported goods. Importers must present the following documents: phytosanitary certificate from country of origin; laboratory analysis (in some cases); certificate about disinfestation or disinfection treatment.  
Phytosanitary Certificate of the Chief State Inspectorate for the Phytosanitary Quarantine
: This document is only 
required for goods to be exported. Exporters must su bmit the following information: description of the 
consignment; laboratory analysis (in some cases); indication of possible disinfestation or disinfection treatment. 
Veterinary Certificates : Domestic producers are issued an authorizati on with a validity of up to three years on 
condition that their production method does not change. The facilities are inspected in random intervals during this 
period. For imported products, every lot imported was inspected. Upon importation the importer must present the 
sanitary avis, stamped by the veterinary authorities of all transit countries, the veterinary certificate of the exporting 
country and a quality certificate issued by the producer. Th e State Veterinary Inspectorate inspects the lot and, if 
cleared, a veterinary health certificate was issued. 
128. 123. In response to additional que stions, the representative of Moldova said that  hygiene 
certificates issued by competent institutions w ere recognized.  Moldova recognized company  hygiene 
certificates issued by competent institutions and by companies if the company had concluded an 
agreement with the relevant Moldovan authority. body.  There were no additio nal tests conducted on 
foreign  imported goods by the Government of Moldova if hygi ene certificates issued by recognized 
foreign bodies accompanied them. 
129. 124. Some members of the Work ing Party requested more information concerning the 
structure of the relationship betwee n Moldovastandard and the Ministry of Agriculture with respect to 
the development of standards for agricultural product s. The representative of Moldova said that the 
relevant departments of the Ministry of Agricult ure and Moldovastandard created joint committees, 
which determined product standard s for agricultural goods. The sta ndards were the same for imported 
and for domestically produced goods.  
130. 125. Some members of the Working Party re quested information on the inspection 
procedures that took place at th e border for imported pr oducts and during the production process for 
domestic products. The representativ e of Moldova said that sanitary  and phytosanitary requirements 
were enforced through inspections and testing. 
Sanitary Requirements : Domestic producers and foreign producers which had concluded a special 
agreement were inspected by a team of experts fr om the State Sanitary-Epi demiological Service and 
Moldovastandard once before the hygi ene certificate was issued  and then at regular intervals, by taking 
samples and carrying out tests on these samples of inspected imported goods.  
Phytosanitary Requirements : Prior to shipment, the foreign exporte r had to send a request to the Chief 
State Inspectorate for the Phytosan itary Quarantine indicating the goods to  be shipped. The Inspectorate 
would issue a preliminary import perm it which stipulated specific p hytosanitary requirements which the WT/ACC/SPEC/MOL/4/Rev.5 
Page 58  
 
goods to be shipped had to satisfy. Upon arrival th e goods would be inspected. If they satisfied the 
requirements the preliminary import permit would be stamped, becoming definitive.  
Veterinary Requirements
: Prior to shipment, the foreign exporte r had to send a request to the State 
Veterinary Inspectorate indicating the goods to be sh ipped. The Inspectorate would issue a preliminary 
import permit, the sanitary avis, which had to be st amped by the veterinary authorities of all transit 
countries. Upon arrival, every lot was inspected, samp les taken, and tests carri ed out on these samples. 
When goods subject to veterinary requirements were  unloaded (importation) or loaded (exportation) a 
representative of the State Veterinary  Inspectorate had to be present. 
131. 126. In response to additional questions, the repres entative of Moldova said that an importer 
wishing to appeal a decision of Moldovastandard w ould have, in the first instance, to write to the 
Director-General of Moldovastandard. Appeals agains t decisions of the Chief State Inspectorate for the 
Phytosanitary Quarantine, State Veterinary Inspecto rate and Sate Sanitary-e pidemiological Service 
should be addressed, in the first instance, to the h ead of the organization. In the second instance, the 
importer could file a laws uit in the economic courts. 
132. 127. Some members of the Working Party said th at there were areas where Moldova’s SPS 
regime was not fully compatible with the SPS Agr eement, and asked Moldova to provide information 
on measures and the timeframe for bringing them into conformity. The representative of Moldova presented the Working Party with further information on the SPS regime in the documents WT/ACC/MOL/17, and
 WT/ACC/MOL/ 20/Rev.1 and WT/ACC/MOL/35 . Moldova’s schedule for 
implementing further measures is contained in the following table:  
Table 16  
Measure  Description of measures  Implementation 
period  
The Republic of Moldova has amended its  measures regulating internal activities regarding plant, animal and 
human life protection in order to bring them into full co mpliance with the provisions of the SPS agreement. In 
the row below, the three go vernmental decisions that were subject to amendme nts are identified in the left -
hand column. The nature of the amendments is descri bed in the middle column, and the time frame for action 
in the right -hand column. The second row refers to the convention on plant protection.  
Gov. Decision no. 378 
establis hing the statute of the 
state veterinary service  The amendments cover the following aspects:  
Establishes the single inquiry point, which is setting 
up within ministry of health, responsible for 
supplying 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;  
Introduction of new standards, animal heal th 
regulations and food safety regulations in conformity 
with SPS agreement principles;  
Measures are applied only to  the extent necessary to 
protect human, animal or plant health;  September, 2000   WT/ACC/SPEC/MOL/4/Rev.5 
 Page 59 
 
 
Measure  Description of measures  Implementation 
period  
Identification of authority responsible for making 
notifications to the WTO and ensuring transparency 
obligations are met on an ongoing basis;  
Establish guidance or law requiring publication of 
proposed measures at an early stage for comment;  
Provision for a reasonable period of time for 
comment from members and the public and 
establishment of a process to take comments into 
account without discrimination;  
Regulations governing animal and plant health and 
food safety shall based on scientific evidence;  
Follow up the international standards, guidelines, and 
recommendations in establ ishing SPS measures;  
Recognition of different measures that achieve the 
same level of protection;  
Developing scientific evidence and conducting risk 
assessments to ensure that measures are based on 
science and applied only to the extent necessary to 
protec t health;  
Measures take into account the regional 
characteristics both of the areas from which products 
originate and the areas for which they are destined;  
Measures do not arbitrarily or unjustifiably 
discriminate between different members or between 
dome stic and foreign suppliers;  
Implements the SPS provisions regarding control, 
inspection and approval procedures.  
Accession to the Convention 
on Plant Protection  Adoption and ratification of the international plant 
protection convention at  Rome on 6th of December 
1951 which came into force on the 3rd of April 1952;  
Accepting and implementation of the new revised 
text of the convention, as approved by resolution 
12/97 of the twenty -ninth session of the FAO 
conference in November 1997.  Decemb er, 2000  
 
133. The representative of Moldova said that the Republic of Moldova has amended its 
measures regulating internal activities regarding plant, animal and human life protection in order to bring them into full compliance wi th the provisions of the SPS Agreement. The 
Governmental Decision no. 378 establishing the Statute of the State Veterinary Service, 
Governmental Decision no. 697 establishing the St atute of the State Phytosanitary Service and 
Governmental Decision No. 423 of 3 May 2000 “On the approval of the Rules on Sanitary-Epidemiological State Supervision in the Republic  of Moldova” were subject to amendments.  
The nature of the amendments cover the following : establishment of the inquiry points, within 
the Ministry of Health and Ministry of Agri culture and Processing Industry, responsible for 
answering questions of WTO members, an d to supply appropriate documents and 
phytosanitary regulations adopted or propo sed in Moldova; determining risk and the 
corresponding level of the phytosanitary protectio n; introduction of new standards, animal WT/ACC/SPEC/MOL/4/Rev.5 
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health regulations and food safety regulation s in conformity with SPS Agreement principles; 
identification of the authority responsible for making notifications to the WTO and ensuring 
transparency obligations are met on an ongoing ba sis; drafting legal acts requiring publication 
of proposed measures at an early stage for comm ent; allowing a reasonable period of time for 
comment from members and the public and establish ment of a process to take comments into 
account without discrimination; regulations governin g animal and plant health and food safety 
based on scientific evidence; following up international standards, guidelines, and 
recommendations in establishing SPS measures; r ecognition of different measures that achieve 
the same level of protection; developing scientific evidence and conducting risk assessments to ensure that measures are based on science and app lied only to the extent necessary to protect 
health; measures taking into account the regional characteristics both of the areas from which 
products originate and the areas for which they are destined; ensuring that measures do not 
arbitrarily or unjustifiably discriminate between different members or between domestic and foreign suppliers.  He added that Moldova would accede to the Convention on Plant Protection 
and implement the new revised text of the Conv ention, as approved by resolution 12/97 of the 
twenty-ninth session of the FAO Conference in November 1997 by the end of the year 2000.  
134. 128.
 The representative of Moldova stated  confirmed that Moldova would ensure the 
implementation of the SPS Agreement prior to acc ession and would apply internal legislation in 
conformity with the provisions of the WTO Agreem ent on SPS. In the elaboration of any legislation 
concerning such measures Moldova would ensure their full conformity with the relevant WTO 
provisions. The Working Party took note of this commitment. 
- Trade Related Investment Measures (TRIMs) 
135. 129. The representative of Moldova stated  confirmed  that in  Moldova there were  Moldova 
had no trade-related investment measures of the ki nd covered by the TRIMS Agreement. Moldovan 
legislation did not contain an authority to apply TRIM s, either at the central or sub-central level. He 
stated that the Government of Moldova would ensure that any trade related investment measures introduced in the future would be fully in confor mity with the requirements of the WTO Agreement on 
TRIMs.  The Working Party t ook note of this commitment. 
- State trading practices  
136. 130.
 Some members of the Working Party asked for a list of the enterprises included in the 
State Register of companies which were major producers in the dome stic market and they asked for  
information on what each of thes e companies produced. In response, th e representative of Moldova said 
that at the beginning of the transition process large Former State companies were automatically  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 61 
 
 
considered monopolies because they were the only Mol dovan suppliers in their domains. In reality, they 
had a small share of the market as more and more  foreign products were imported. Against this 
background the Government no longer compiled this list. 
137. 131. Some members of the Working Party asked for confirmation that Moldova had no fully 
or partially State-owned enterprises which received any exclusive or spec ial rights or privileges, and that 
the enterprises in the energy s ector listed in document WT/ACC /MOL/2/Add.2 did not correspond to 
the definition in the Understanding on the Interpretati on of Article XVII of the GATT 1994. In response, 
the representative of Moldova confirme d that there were no State-trad ing enterprises covered by the 
provisions of Article XV II of the GATT 1994.  
138. 132. In response to further questions concerning th e large enterprises that had at least 25 per 
cent State equity ownership and engaged in international trade, the representative of Moldova said that 
in Moldova every enterprise irresp ective of ownership had the right to engage in foreign trade. He 
submitted a list of enterprises that had at least 25  per cent State equity ow nership that engage in 
international trade.  
139. 133. Some members of the Working Party noted that Article 14 of the Law “On Foreign 
Economic Activity” No. 849-XII of 3 January 1992 appeared to grant a State monopoly on the 
import and exportation of certain types of goods. Th ose members asked whether Moldova intended to 
preserve a state monopoly in the trade of any produc t. In response, the re presentative of Moldova said 
that on 21 September 2000 a new Law “On State reg ulation of External Trade”, came into force 
which replaced the Law “On Foreign Economic Activity”.  According to the new Law the State 
monopoly on export and/or import of some types of goods is reflected in Article 13 that 
provides:  1) The lists of certain types of goods for which import and/or export subject to State 
monopoly are established by the Government;  2) The State monopoly on export and/or import 
of some categories of goods is accomplished on the basis of export and/or import licenses.  The 
appropriate authorized public authority issues licenses;  3) Export and/or import transactions, 
which infringe State monopoly, are null and void.  An authorized public authority is empowered 
to demand through the legal procedure the recognit ion of such transactions as null and void in 
accordance with the Civil Code of the Republic of Moldova.  stated that currently Moldova had no 
state monopoly in the trade of any product and did not intend to exercise any. In reply,   S o m e  
members of the Working Party asked whether Moldova  intended to notify its state trading enterprises 
under Article XVII of the GATT 1994.  The representative of Moldova confirmed that although 
the legal framework on regulation of State monopoly of export and import of some goods 
allowed the possibility of State trading, in fa ct, at present the Republic of Moldova has not 
specified any type of goods for which the import and/or export is under the State monopoly.  No WT/ACC/SPEC/MOL/4/Rev.5 
Page 62  
 
export and/or import licenses for export and/or im port of some categories of goods based in this 
law had been issued.  He confirmed the statement that in Moldova there are no State trading 
enterprises within the meaning of Article XVII of the GATT 1994 and the Understanding.  
140. 134.
 The representative of Moldova stated that if Moldova were to introduce State trading 
as defined by the Understanding on Interpretation of  Article XVII of the GATT 1994, it would ensure 
that all relevant regulations were  in conformity with the requirements of Article XVII of the GATT 
1994 and the Understanding on Interp retation of Article XVII of the GATT 1994, including those 
provisions requiring the application of "commercial considerations" in the sale and purchase of State 
traded commodities. He confirmed that Moldova w ould observe the provisions of Article XVII of the 
GATT 1994, the WTO Understanding on that Article, and Article VIII of the GATS regarding State 
trading.  The Working Party took note of these commitments. 
- Free Zones, Free Economic Zones 
141. 135. The representative of Moldova said that the Moldovan legislation re lating to free zones 
was Law No. 1415-XII of 25 May 1993 “On Free Enterp rise Zones”. They would be fully subject to 
future WTO commitments of Moldova.  He provided the following table: 
 
Table 17 
Location Type STATUS 
Chisinau free zone Operational 
Tvarditsa free economic zone Operational 
Taraklia free zone Planned Operational 
Vulcanesti free zone Planned Operational 
Otaci free zone Operational 
Giurgiulesti/Danube free zone Planned 
Ungheni free zone Planned 
 
142. 136. He said that so far, only two of these  five zones were operational - Expo-Business-
Chisinau, and  "Tvardita, Taraklia, Vulcanesti and Otaci ".  The Parliament and the Government of 
the Republic of Moldova established the “Expo-Busi ness-Chisinau” Free Enterprise Zone (FEZ) (Law 
No.625-XIII of 3 November 1995). The legislation provides incentives, guarantees, and privileges for 
businesses established in the FEZ. The residents of F EZ may be foreign natura l and legal persons as 
well as Moldovan legal entities established with fore ign investment. The Administration of the FEZ 
registers the residents of FEZ on a competitive basis, taking into account the size and the kind of 
investment, type of activity and its complia nce with the FEZ development directives. The 
competitions were announced at the Administration’s initiative and on the basis of applicants projects.   
Current activities in Expo-Business-Chisinau zone  were split approximately in the following way  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 63 
 
 
(data are for the first half of 1997 and 1998 respec tively): 57,5 per cent and 42.2 per cent trade, 14.6 
per cent and 6.9 per cent industrial production and 27.5 per cent and 45.9 per cent services. Imports 
generated by the free trade zone accounts for 4 per cent of the total imports of Moldova. The portion 
of re-export from this zone in tota l exports 1.2 per cent. He said that  normal customs formalities, taxes 
and tariffs applied to goods entering the rest of  Moldova from the free economic zone and from the 
free zone. He added that there were no special e ligibility criteria. All enterprises - domestic, joint 
ventures, foreign and foreign-owned – were allowed to operate in the free economic zones and to take 
full advantage of the available incentives. 
143. 137. In response to questions concerning th e advantages offered by the zones, the 
representative of Moldova said that Moldovan le gislation offered guarantees and privileges to the 
residents. The Free Enterprise Zone was open for the following licensed types of activities: 
organization of fairs and exhibitio ns, information and advertising,  leasing, banking and insurance, 
tourism and hotel business, trading and storage business, public catering services, and environment-
friendly production. Residents enjoyed exclusive cust oms and tax regimes. In particular, they were 
exempt from customs duties for goods and items import ed in to the FEZ for final consumption; goods 
originated from FEZ and exported to the customs territory of Moldova; goods produced in the FEZ 
and exported outside the territory of the Moldova. The income tax had been set up to  at 20 per cent 
(elsewhere in the republic it was 32 per cent). Goods and services manufactured and rented in the FEZ 
were exempt form VAT. Residents who invested US$250,000 and more in the zone's development 
were relieved from paying income tax for five year s. Residents retained the rights accorded by 
legislation for ten years. There we re no requirements that the output pr oduced in the zones be exported, 
and there were no domestic conten t requirements. Benefits were not  conditioned on export performance 
or import substitution requirements. 
144. 138. The representative of Moldova confirmed that in the administration of  the free zones 
established within its territory, the free zones  would be fully subject to the coverage of Moldova's 
commitments taken in its Protocol of Accession to the WTO Agreement, and that Moldova would 
ensure enforcement of its WTO obligations in those free zones.  In addition, goods produced in the 
free zones under tax and tariff provisions that exem pted imports and imported inputs from tariffs and 
certain taxes would be subject to normal custom s formalities when entering the rest of Moldova,  
including the application of tariffs and taxes.  The Working Party took note of these commitments. 
- Government procurement 
145. 139. The representative of Moldova said that the Law on Government Procurement No. 
1166-XII had been adopted on 30 April 1997. The Mol dovan Government did not collect statistics on WT/ACC/SPEC/MOL/4/Rev.5 
Page 64  
 
government procurement. There were  three domains of public procurement: procurement in connection 
with loans from international aid agencies such as the World Bank, the European Bank for 
Reconstruction and Development; procurement for s ecurity and defense purpose s; and other government 
procurement. There was no breakdown of the public  sector procurement market by product type 
available. The estimated overall value of ce ntral government purchasing in 1999 had been 
approximately MDL 477 million. 
146. 140.
 The representative of Moldova stated th at in accordance with the Moldovan 
procurement law (Article 5 of the Law on Governme nt Procurement) the following institutions were 
involved in the procurement process: the National Agency for Government Procurement (NAPP) and 
procuring entities, engaged in the acquisition of  goods, construction and services. The NAPP was 
supervising and monitoring procuring entities in  the conduct of procurement and oversaw their 
compliance with the provisions of the procuremen t law and other legislativ e requirements such as 
regulations, rulings, and orders of general appl ication in this area. Concerning advertising , the 
representative of Moldova said that a procuring entity had to solicit tend ers by publishing an invitation 
to tender or an invitation for preliminary qualificatio n in the Romanian and/or Russian languages in the 
Public Procurement Bulletin (PPB) issued by the NAPP . In particular situations, the invitation to tender 
also had to be published in the English language in  mass media of wide international circulation 
(Article 18 and Article 26 of the Law on Government Pr ocurement). The invitation  to tender contained, 
inter alia , specifications of the goods, construction and services to be supplie d in terms of nature, 
quantity, place and time, the criteria and procedures  to be used for evaluating the qualifications of 
suppliers, place and deadline for th e submission of tenders, means and place of obtaining the solicitation 
documents. The procuring entity could engage in pre-qualification proceedings with a view towards identifying qualified supplie rs prior to the submission of tender s. Only suppliers that had been pre-
qualified were entitled to participate further in the procurement proceeding s. Further details were 
included in Article 7 of the Law on Government Procurement. A procuring entity should engage in 
procurement of goods or construction by means of  open competitive tendering proceedings as the 
preferred method of procurement. Under special c onditions, a procuring entity could use the following 
methods of procurement (Article 19 of the Law on Government Procurement): two-stage tendering 
(Article 20 of the Law on Governme nt Procurement); restricted tende ring (Article 21 of the Law on 
Government Procurement; specialized restricted tendering (Article 22 of the Law on Government 
Procurement); request for quotatio ns (Article 23 of the Law on Government Procurement); and 
single-source procurement (A rticle 24 of the Law on Government Procurement). 
147. 141.
 In response to questions, the representative of Moldova said that once a procuring entity 
had been approved by the NAPP, it acquired the right to  grant a margin of preference for the benefit of 
tenders for construction by domestic contractors or for the benefit of tenders  for domestically produced  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 65 
 
 
goods. The margin of preference could not exceed 10  per cent (Article 38 pa ragraph 6 of the Law on 
Government Procurement). A system of electronic tendering for public procurement had not been set up 
in Moldova yet, but the establishment of a database  system for availability of data/information on 
tendering was foreseen. The procuring entity had no right to establish any criterion, requirement or 
procedure with respect to the qualif ications of suppliers that discrimi nated against or among suppliers or 
against categories thereof on the basis of nationality  (Article 6 the Law on Gove rnment Procurement).   
148. 142. Some members of the Working Party asked whether Moldova would accept the WTO 
Agreement on Government Procurement at the time of accession.  
149. 142. The representative of Moldova confirmed that upon accession to the WTO,  Moldova 
became an observer to the Agreement on Government Procurement on 29 September 2000 and 
would  will initiate negotiations for membership in th e Agreement by tabling an entity offer 
immediately after accession. He also confirmed that,   If the results of the negotiations were 
satisfactory to the interests of Moldova and the other members of the Agreement, Moldova would 
complete negotiations for membership in the Agr eement in one year after date of accession. The 
Working Party took note of these commitments.  
- Government-mandated co unter-trade and barter 
150. 143. The representative of Moldova stated that in  order to obtain essential products such as 
energy, metals, machinery and spare parts, from its tr ading partners, with economies in transition, the 
Moldovan Government occasionally entered into negot iations with these part ners to pay for such 
supplies with agricultural products  purchased by the Moldovan Government on the domestic market. 
- Trade in civil aircraft  
151. 144. Some members of the Working Party asked whether Moldova would accept the WTO 
Agreement on Trade in Civil Aircraft at the time of accession.  
152. 144. In response, the representative of Moldova st ated that his Government would initiate 
negotiations for membership in the Plurilateral Trade  Agreement on Trade in Civil Aircraft 
immediately after accession to the WTO. He furthe r confirmed that the Schedule of Concessions on 
Goods that is reproduced in Part I of the Annex to the Protocol of Accession establishes duty free 
treatment for products used in civil aircraft. Th e Working Party took note of this commitment. WT/ACC/SPEC/MOL/4/Rev.5 
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- Transit 
153. 145.
 The representative of Moldova stated that, at present, transit of commodities thr ough 
the territory of Moldova was free from the levy of  fees and customs duties . In relation to VAT and 
excise tax, Moldova granted freedom  of transit through its territory to the trade of WTO members as 
prescribed by Article V of the GATT. The only charges levied were those for transportation and those commensurate with administrative expenses or with the cost of services rendered. He added that 
Moldova was party to a multilater al agreement on transit trade with in the framework of the CIS. 
Moldova had also signed transit agreements w ith Romania, Ukraine, Belarus and Russia. 
- Policies Affecting trade in Agricultural Products 
154. 149.
 The agriculture country schedule of Moldova, circulated in document 
WT/ACC/SPEC/MOL/1/Rev. 87, has been incorporated in the corresponding section of the Goods 
Schedule of Moldova. (W T/ACC/SPEC/MOL/4/Rev.2 5/Add.1) . 
- Imports – description of the types of border protection maintained 
155. 146. The representative of Moldova said that ag ricultural products c ould be imported freely 
into Moldova without quantitative restrictions. Duties applicable  to individual products were listed to be 
found  in Moldova's customs tariff. 
156. 147. Some members of the Working Party asked whether the customs clearance procedures 
followed by the Republic of Moldova reduced to a minimum delays in cleari ng import shipments of 
dairy or other perishable agricultura l products. In response, the represen tative of Moldova stated that the 
waiting time for imports from all countries at the bord er with Romania and Ukraine, on average, did not 
exceed 30 minutes. The actual customs clearance took place at the regional cust oms office of the place 
where the importing firm was located. The decentralized nature of this system had kept the time required 
for customs clearance to a minimum.  
- Exports  
157. 148. The representative of Moldova said that Moldova granted no export credits, export 
credit guarantees, export credit insurance or other financial support or assistance to agricultural exports. 
Moldova did not grant any export subsidies to agricultural products.  
158. 148. The representative of Moldova confirmed th at Moldova would bind agricultural export 
subsidies at zero in its Goods Schedule. Th e Working Party took note of this commitment.  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 67 
 
 
- Textiles regime 
159. 150. The representative of Moldova said that th ere was no special regime for textiles and 
clothing. Moldova permits duty-free import from the European Union  of raw materials for textile and 
clothing products, provided the finished products ar e subsequently exported to the European Union  
country of origin (inward processing). This regime applied to all countries.  
VI.   TRADE-RELATED INTELLECTUAL PROPERTY REGIME   1.   General 
a)   Intellectual property policy 
160. 151.
 The representative of Moldova said that si nce the declaration of its independence, 
Moldova had been following a policy of developi ng mutually advantageous  relations with all 
countries of the world. The national legislation ha d been transformed to adjust to international 
standards. The policy of transition to a market economy had largely determined the approach to 
intellectual property and the extension of the  owners’ rights. Intellectual property rights have become 
rights of legal persons and individua ls. The main directions of the policy are: (i) enactment of special 
national legislation on intellectual property rights; (ii) establishment of public authorities responsible 
for intellectual property rights; (iii) membership in  of international conventions and treaties on trade-
related intellectual property rights. In 1993 the G overnment implemented the protection of industrial 
property, the rights of owners of titles of protec tion and inventors on the basis of the Provisional 
Regulations No. 456 "On the Protection of Industrial  Property in the Republic of Moldova" adopted 
by the government in 1993. There are  The following titles of protection exist  in the Republic of 
Moldova: patents for inventions; patents for plant vari eties; certificates of registration of   industrial 
designs, trademarks and service marks, appellati ons of origin of goods/u tility models, and of 
topographies of integrated circuits. The Official Bulletin of Industrial Property (BOPI) provides 
information on inventions,   designs and trademarks  claimed and registered in Moldova,   as well as 
on legal acts and regulations rela ted to intellectual property. 
152. The representative of Moldova presented to th e Working Party further information on the 
TRIPS regime in document  WT/ACC/MOL/18.  
153. The representative of Moldova stated that the documents of accession to the following 
international  conventions had b een submitted to the Parliament of the Republic of Moldova for 
consideration:  WT/ACC/SPEC/MOL/4/Rev.5 
Page 68  
 
-
 Madrid Agreement for the Repression of False or Decep tive Indications of Sources of 
Goods;  
- Lisbon Agreement for the Protection of Appella tions of Origin and their International 
Registration;  
- New Act of the Hague Agreement concerni ng the International Registrations of 
Designs;  
- Patent Law Treaty.  
161. 154. Some members of the Working Group said that the TRIPS Agreement is a 
fundamental component of the obligations un dertaken by all WTO Members. These members 
expected Moldova to implement the WTO TRIPS Agreement fully as of the date of accession, 
without recourse to any transitional arrangements.  The representative of Moldova said that Moldova 
was prepared to implement the TRIPS Agreement from the date of accession. As a result of the 
judicial system reforms, all the conditions for implementation of the TRIPS provisions had been 
created. The representative of Moldova presented to the Working Party further information on 
the TRIPS regime in document WT/ACC/MOL/18.  Document WT/ACC/MOL/21/Rev.1 presents 
in tabular form a Checklist of TRIPS Requirement s and of Compliance by the Republic of Moldova. 
b) Responsible agencies for policy formulation and implementation 
162. 155. The representative of Moldova stated that the policy and strategy in the field of 
intellectual property protection was elaborated by the State Agency on Industrial Property Protection 
(AGEPI), established on May 25, 1992 by Decree of the President of Moldova No. 120, and by the 
State Agency on Copyright and Neighbouring Rights established on 25 November 1991 by Presidential Decree No. 238.  of the President of
 Moldova.   
c) Membership of international intellectual property conventions 
163. 156. The Republic of Moldova is party to the following conventions and treaties: 
- Paris Convention for the Protection of Industrial Property; 
- Convention Establishing the World Inte llectual Property Organization (WIPO); 
- Patent Cooperation Treaty (PCT); 
- Madrid Agreement concerning Intern ational Registration of Marks; 
- Hague Agreement concerning the Interna tional Deposit of Industrial Designs; 
- Budapest Treaty on the International Re cognition of the Depos it of Microorganisms 
for the Purposes of Patent Procedure; 
- Nairobi Treaty on the Protection of the Olympic Symbol;  
- Rome Convention for the Protection of Performers, Producers of Phonograms and 
Broadcasting Organizations; 
- Berne Convention for the Protection of Literary and Artistic Works; 
- Protocol relating to the Madrid Agreemen t Concerning the International Registration 
of Marks (1989); 
- Strasbourg Agreement Concerning the International Patent Classification; 
- Vienna Agreement Establishing an Interna tional Classification for Industrial Designs;  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 69 
 
 
- Nice Agreement Concerning the Internationa l Classification of Goods and Services 
for the Purposes of the Registration of Marks; 
- Locarno Agreement Establishing an International Classification for Industrial 
Designs; 
- Trademark Law Treaty (TLT); 
- Eurasian Patent Convention; 
- International Convention for the Protecti on of New Varieties of Plants (UPOV); 
- WIPO Performances and Phonograms Treaty; 
- WIPO Copyright Treaty; 
- Convention on the protection of th e interests of producers of phonograms 
against unauthorised reproduction of their phonograms.  
- European Patents Convention . 
164. 157. The representative of Moldova stated that  in 1993 the Republic of Moldova became a 
member of the Standing Committee on Information Technologies (SCIT) and Permanent  Standing 
Committee on Intellectual Property Cooperation for De velopment (PCIPD). The representatives of the 
State Agency on Industrial Property Protection actively participate in the works of the WIPO Standing 
Committee on the Law of Patents and Standing Co mmittee on the Law of Trademarks, Industrial 
Designs and Geographical Indications. The Repub lic of Moldova is a member of the WIPO 
Coordination Committee. In addition, AGEPI has c oncluded cooperation agre ements with 35 Patent 
Offices throughout the world. 
165. 158. The representative further added that in th e future the Republic of Moldova intended 
to become party to the following international Agreements: 
- Madrid Agreement for the Repression of False or Deceptive Indications of Sources 
on Goods; 
- Lisbon Agreement for the Protection of Appella tions of Origin and their International 
Registration (1958), 
- New Act of the Hague Agreement concerni ng international registration of designs 
(Geneva, 1999); 
- Patent Law Treaty (PLT).;  
- On 10 February  2000, the Parliament of the Republic of Moldova ratified the 
Convention on the protection of the interests of producers of phonograms against 
unauthorised reproduction of their phonogram s and its instruments of accession were 
presented to the United Natio ns Organisation, New York).  
d) Application of National and MFN treatment for foreign nationals 
166. 159. The representative of Moldova stated that Moldova applied the principle of national 
treatment  with regard to intellectual property. The exceptions stipulat ed in Article 19 of the 
Constitution referred to the rights to vote and to  be elected, military service and related issues.  WT/ACC/SPEC/MOL/4/Rev.5 
Page 70  
 
e)  Fees and taxes 
167. 160.
 Fees for patents for inventions , patents for plant varieties, certificates for registration 
of utility models, industrial designs, trademarks, ap pellations of origin of goods and topographies of 
integrated circuits are paid  payable at to the State Agency on Industrial Property Protection of the 
Republic of Moldova. General terms and amounts ar e regulated by Governmental Decision No. 774 
of 13 August 1997. Supplementary terms and amounts are stipulated by   provisions are laid down in 
the Order No. 80 of 28 August 1997 of the Director General of the AGEPI. The fees for the 
management of intellectual property rights are listed in Annex I of document WT/ACC/MOL/4.  
2.  Substantive standards of protection, in cluding procedures for the acquisition and 
maintenance of intellectual property rights 
-  Copyright and related rights, including rights of performers, producers of phonograms 
and broadcasting organisations 
168. 161. The representative of Moldova  stated that Law on Copyright and Neighbouring 
Rights No. 293-XII of 23 November 1994 governing c opyright and neighbouring rights had entered 
into force on 1 March 1995. This Law provided  provides protection for intellectual property rights 
related to literary, artistic and scientific works, expr essed in a form that allows them to be reproduced, 
irrespective of the form, destina tion and value of each work, and of  as well as the procedure of its  
their reproduction. The creator shall  enjoy s rights of  economic and moral rights to his works. nature.  
The most important is the exclusive ri ght to his works. According to Art icle 9 of Law No. 293, the 
author shall enjoy the following moral rights: (i) the right of authorship; (ii) the right to be named; 
(iii) the right of  to respect for the integrity of his work; (iv) the right to respect for his reputation; 
(v) the right to disclose his work or to authori se or prohibit disclosure in any form whatsoever, 
including the right to reconsider or the right of w ithdrawal. As regards economic rights, the holder of 
the copyright enjoys the exclusive right to explo it his work in any form and by any procedure.  The 
exclusive right to exploit the work is defined as  which means  the right to perform, authorise or 
prohibit the following acts: (a)  reproduction of the work; (b) distribution of copies of the work by 
sale, rental or in any other way; (c) importing of copies of the work for the purpose of distri bution, 
including copies made with the authorisation of the author or other holder of the copyright; (d) 
presentation of the work in public; (e) public performance of the work; (f)  communication of the work 
to the public; (g)  translation of the work; presentation of the work in public; (h) transformation, 
adaptation, arrangement or any like modificati on of the work. Copyright owners are entitled  The 
holders of copyright have the right to prevent the rental  of a  the copy of a  the specific work , even 
after th at a particular copy has been sold and sound recording  the phonogram producers have a  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 71 
 
 
similar right s to prevent the rental of phonogram copies of the sound recordings , even after those 
copies  they have been sold.  
169. 162. He further added that audio-visual works , materials,  computer programs, databases, 
works fixed on phonograms or musical works and compilations of data are were  protected by the 
same Law (Articles 6 and 10). The Law entitles the hol der of a copyright to the exclusive right to 
exploit his work in any form and by any means. The rights to an  copyright on audio-visual work are 
conferred  is granted to: the author of the scenario (scriptwrite r); the film director; the composer of 
any musical work; the cameraman; the artistic direct or. The author of a pre-existing work that has 
been incorporated, after transformation or unchanged, in to  an audio-visual work shall also be deemed 
a joint author of such audio-visual work. 
170. 163. He noted that a phonogram owner  producer shall enjoyed  the exclusive right to 
exploit his phonogram in any form, including the right to remuneration for its exploitation, each type 
of use of the phonogram including  the right of  to its reproduction, distribution of copies, modification 
or change, and the importation of copies of the phonogram for  with the propose  purpose of 
broadcasting. The exclusive right to exploit the phonogram means is the right to authorise or prohibit 
the reproduction of the phonogram; the distribution of copies of the phonogram (by sale, rental, etc.); 
the ada ptation or any other transformation of the p honogram; and the importation for the purposes of 
distribution of copies of the phonogram, including copies made with the authorisation of the 
phonogram producer. A phonogram producer may transfer the exclusive r ights to other persons by 
contract (Article 28).   Copyright may be transferred by means of a contract (Article 28). The 
performer of a phonogram enjoys the exclusive ri ght to authorise or prohibit the following acts: 
recording of a performance not previously record ed, reproduction of the recording of a performance, 
broadcasting of the performance over the air or by cable or making any other communication, renting 
of a published phonogram, as well as the right to defe nd the performance against any disfigurement or 
contortion or undermining of the reputation of the perf ormer, and to transfer the right by means of a 
contract to another person (Article  27).  Broadcasting organisations ha ve the exclusive right to exploit 
phonograms in any form (Article 29).  Foreign natio nals enjoy national treatment under the said Law. 
171. 164. He further added that the Law of the Republic of Moldova on Copyright and 
Neighbouring Rights is in compliance with the Provisi ons of Articles 1 to 21 of the Berne Convention 
(1971) and the Appendix thereto as required by Article 9 of the TRIPS Agreement. 
172. 165. As to restrictions on the exclusive rights of owners of copyright and owners of  
neighbouring rights, the representative of Moldova st ated that the legislation of the Republic of 
Moldova contained detailed amendmen ts on restrictions on the exclusive rights of copyright owners WT/ACC/SPEC/MOL/4/Rev.5 
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or owners of neighbouring rights related to: reproduction of works for personal use; reproduction by 
libraries; free use of works; reproduction of comput er programs and computer databases (Chapter III, 
Articles 20-23). The Law on Copyright and Neighbour ing Rights provides protection of copyright and 
neighbouring rights throughout the lifetime of the authors and for a term of
 50 years computed as 
from 1 January of the year following that of his death with a few exceptions.  Under . The moral 
rights of authors are protected without time limits under  Articles 17(9) and 33 of this Law the 
author’s moral rights are protected without time limits . 
173. 166. In response to questions, the representative of Moldova stated that under Law 
on Copyright and Neighbouring Rights, the regist ration of copyright is not mandatory. Thus, 
according to Article 4 (2) of the same Law, the au thor enjoys exclusive rights in his work by the 
sole fact of having created  the work.  Copyri ght subsists and is assertable without requiring 
registration of the work or the carrying out of  any other action or formality. According to 
Article 8(2), the holder of rights may have his rights acknowledged by means of a copyright notice. According to paragraph 4 of the same Ar ticle, the certificate of registration does not 
imply a presumption of authorship. However, in the event of a dispute, it may constitute a presumption of authorship for the court in the absence of proof to the contrary.  In response to 
questions the representative of Moldova stated that under Article 8(4) of the Copyright Law, in the 
event of a dispute, the certificate of registration constituted a presumption of authorship for the court 
in the absence  of proof to the contrary.  
174. 167. The representative of Moldova noted that under the legislation of the Republic of 
Moldova, copyright protection can not be restored for works that were in the public domain in Moldova prior to 31 December 1994. For works the period of protection of which was due to expire 
on 31 December 1994, the following adjustments were ma de: if the term of protection of the work of 
a foreign author used in the Republic of Moldova, is longer, under the laws of the country of the 
author, than the term under the present Article, the te rm of protection stipulated by this Law shall 
apply; if it is shorter, the term of protection stipul ated by the laws of the co untry of the author shall 
apply (Article 17 (12), Copyright Law).  According to Article 26 (7), the neighbouring rights of 
foreign natural and legal persons are protected in the Republic of Moldova in accordance with 
the international agreements in the field of intellectual property protection to which the 
Republic of Moldova is a party, and namely by the Rome Convention for the Protection of Performers, Producers of Phonograms and Broad casting Organisations, Articles 4 and 5 
thereto.  At the same time, according to Article 33 (2) of the Law on Copyright and 
Neighbouring Rights, the rights of phonogram pr oducers have effect for 50 years as from the 
first publication of the phonogram or for 50 years as from its first recording if the phonogram is  WT/ACC/SPEC/MOL/4/Rev.5 
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not published during that period. Thus, the Law on Copyright and Neighbouring Rights of the 
Republic of Moldova fully complies with the provisions of Article 14 of the TRIPS Agreement.  
175. 168. He further noted that on 28 January 1998, the Republic of Moldova ratified the WIPO 
Copyright Treaty and WIPO Performances and P honograms Treaty adopted on December 20, 1996 by 
the Diplomatic Conference. By the Decision of th e Government of the Republic of Moldova No. 524 
of 24 July 1995, a four-year period was established for the transition from the administrative system 
to a the system of collective management of patrimonial  copy rights of authors  and owners of  
neighbouring rights. According to this Decision, a n Authors and Neighbouring Rights Owners  
Council on the protection of the rights of authors and holders  owners of copyrights and neighbouring 
rights was established set up  under the State Agency on Copyrights and Neighbouring Rights of the 
Republic of Moldova which establishes the level of author remuneration, adopts  approves samples 
for contracts and licenses regarding turning account  for the conversion of works, interpretations, 
phonograms etc., establishes the level of commission for services related to the  remuneration of the  
Board for collection, distribution and paying of f the  authors’  remuneration services and controls the 
activity of the payment Agency. for paying the remuneration.  Organisational measures are 
undertaken for setting up  A non-governmental organisation is to be set up for the collective 
management of copyrights and neighbouring rights.  to administer the patrimonial rights of the 
owners of authors’ and neighbouring rights on the basis of collective principles.  
- Trademarks, including service marks 
176. 169. The representative of Moldova stated that under the Law on Trademarks and 
Appellations of Origin of Goods no. 588-X III of 22 September 1995, a trademark was  is defined as a 
sign serving to distinguish the products or services of an enterprise, or  of legal or natural persons, 
from the similar products or services of other enterprises, or  legal or natural persons. There were  are 
two kinds of trademarks according to this law : collective marks and individual marks. A trademark 
may can be: a) verbal, i.e. consisting of words, includi ng forenames and surnames, of letters or of 
figures; b) figurative marks  in a plane or three dimensions; c) mixed marks, consisting of verbal and 
figurative elements. A trademark may be registered in  black and white or in colour. The certificate of 
registration is the title of protection of trademarks in the Republic of Moldova.  confirms the priority 
of the trademark, as we ll as the exclusive right of the holder on the trademark for the goods and 
services indicated in the certificate.  The registration procedure is  compli esant with the provisions 
of international conventions to which the Republic of Moldova is party . An application for the 
registration of a trademark and the enclosures was required to  must be filed with the State Agency on 
Industrial Property Protection of the Republic of Moldova personally or through a trademark 
representative attorney . The actual use of a trademark was  is not a condition for filing  rejecting an WT/ACC/SPEC/MOL/4/Rev.5 
Page 74  
 
application for registration or to maintain a registration
 of a trademark in the name of the user. In 
conformity with  Under Article 2(1) of the Law no. 588/1995,  the definition of trademark include sd 
product marks as well as service marks.  According to the Article 2(1) of the Law no.588/1995 , the 
enclosures of the application may be  filed in any language other than  the national language, under the 
condition  provided that a translation into the national language  shall be filed within two months from 
the filing date. The registration of a trademark is valid for  subsists for 10 years as from the date of the 
regular national filing. The date of the regular  national filing shall be the date on which the 
application and the proof of payment have been  filed with the AGEPI, pursuant to the above-
mentioned law. Any person may oppose the registration with in 3 months following the date of 
publication of the notice concerning the application.  Foreign legal and natu ral persons enjoy the 
same treatment as legal and natural persons reside nt in the Republic of Moldova, under the provisions 
of international conventions and treati es to which the Republic of Moldova was  is party. 
177. 170. He further noted that according to the legislation of the Republic of Moldova, 
individual colours as such are not recognised as trad emarks, but a colour or a combination of colours 
in a word mark or a figurative mark were  is protected as part of a trademark (Articles 4 and 5). A 
colour as part of a trademark is deemed identical to  a colour as part of another trademark if through a 
series of tests it is found similar to the point of confusion. 
178. 171. The representative of Moldova stated  that according to Article 17 (1) of the Law on 
Trademarks and Appellations of Origin , any person may oppose the registration of a trademark or 
of an  appellation of origin before the Appeals Bo ard of the State Agency on Industrial Property 
Protection (AGEPI), and where not satisfied by the decision of this Appeals Board, before a higher judicial authority. Cancellation of registration of a trademark may be required under Article 26 of the
 
this Law. The registration of a trademark may be cancelle d at any time during its term of validity if it 
has been affected by one effected with the infringement of this Law. Any person may submit to the 
Appeals Board of the Agency a re quest for cancellation of a registration, for which this Law does not 
prescribe any time limits.  The registration of a trademark may be cancelled wholly or in part, if 
it has been effected with the infringement of the Law on Trademarks and Appellation of Origin.  
- Geographical Indications, including Appellations of Origin 179. 172.
 In response to questions, the representative of Moldova stated that under the Law on 
Trademarks and Appellation of Origin of Goods of the Republic of Moldova, appellations of origin 
were the designations - current or historical - of a country, a region or a locality used to designate a 
product whose natural proprieties derive essentially or  exclusively from the natural or human factors 
specific to that geographical area. The  An appellation of origin may also be a word derived from the  WT/ACC/SPEC/MOL/4/Rev.5 
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name of a country or an administrative or territorial-subdivision of such country. The certificate of 
registration grants the holder the right to exploit the registered appellation.  is the title of 
protection of appellations of origin in the Republic of Moldova . The right to receive titles of 
protection for the appellations of origin belongs  to natural or legal persons conducting business 
activities in the corresponding geographical area. The a pplication for the registration of an appellation 
of origin shall  must be filed in the national language. A ll parties conducting business activities in 
connection with the product associated with the ap pellation of origin shall apply separately for the 
certificate. The registration of an appellation of or igin is valid for an unlim ited term. An application 
for registration of an appellation of origin shall  must be filed with the State Agency on Industrial 
Property Protection of the Republic of Moldova.  
180. 173. He noted that the use of a registered geographical indication was  is prohibited for any 
person who was not the holder of the registration certif icate. The use of products of the same type, of 
similar designation liable to mislead consumers as to the place of origin and special properties of the products was also prohibited (Article 22 (2)) of th e Law on Trademarks and Appellations of Origin). 
Article 7 (2)(a) of this Law stipulates the grounds fo r refusal to register a tr ademark or an appellation 
of origin in case if they are deceitful or liable to  mislead the consumer. The legislation of the Republic 
of Moldova provides additional protection for wines and spirits. In addition, special procedures for 
registering wines and spirits are provided for by the Governmental Decision No. 760 of 
10 November  1995.    Under the Law on Wines and Wine, No. 131-XIII of 2 June 1994, an 
appellation of origin is attributed to natural wi nes or other winery products originating from a 
geographic area, whose specific qualitative characteri stics derive essentially or exclusively from 
the natural or human factors specific to that ge ographical area, according to the Regulation on 
preparation of wines with appellations of origin , adopted by the Governmental Decision No. 760 
of 10 November 1994.  
181. 174. He also noted that under the legislation of the Republic of Moldova, protection 
of a trademark shall be refused or registration sha ll be cancelled, ex officio or at the request of 
an interested party, if it contains a geographical indication which is not literally true as to the 
territory, region or locality in which the goods or iginate, and is liable to mislead the consumer 
as to the true origin of the goods.   He also noted that under the le gislation of the Republic of 
Moldova, geographical indications which are not litera lly true as to the territory, region or locality in 
which the goods originate, and falsel y represent that goods originate in another territory shall be 
excluded from registration under Article 7(2), (a) of the Law on Trademarks and Appellations of 
Origin of the Republic of Moldova.  WT/ACC/SPEC/MOL/4/Rev.5 
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182. 175.
 With reference to the introduction of specific provisions for the protection of 
geographical indications for wines and spirits, compliant with  provided by  Article 23 of the TRIPS 
Agreement, the representative of Moldova stated th at the Law on Trademarks and Appellations of 
Origin and the Governmental Decision No. 760 of 10 November 1995, were  are consistent with 
Article 23 of the TRIPS Agreement. However, the Law on Trademarks would be provided with 
special provisions on the protection of geogr aphical indications for wines and spirits.   He noted that 
use in the designation or presentation of a product of any element, which suggests or indicates 
that the product originates in a geographical area other that the true place of origin in a manner which is liable to mislead the consumer as to th e true geographical origin of the goods, and any 
such use shall constitute an act of unfair competition in the sense of Article 10bis of the Paris Convention.  
183. He said that the use of a geographical indication which although, literally true as to the 
territory, region or locality in which the goods or iginate, falsely represents to the public that the 
goods originate in another territory is prohib ited by Law. In the case of homonymous 
geographical indications, protection shall be  afforded if the homonymous geographical 
indications in question will be differentiated from  each other, for inst ance, those accompanied 
by figurative elements, and if the true geographica l origin is indicated, taking into account the 
need to ensure equitable treatment of the pr ocedures concerned and that consumers are not 
mislead. 
- Industrial designs 
184. 176. In response to questions from Members of  the Working Party, the representative of 
Moldova stated that under the Law on Protection of Industrial Designs No. 991 of 1996, the novel 
outward appearance of an article with a utilitarian f unction may be registered as an industrial design. 
To register  For the purpose of registration of an industrial design an application shall be filed with 
the State Agency on Industrial property protection of the Republic of Moldova. Foreign residents, 
both legal and natural persons, shall act with the State Agency on Industrial Property Protection 
through a n industrial property representative patent attorney  in matters related to the protection of 
their industrial design , except where otherwise provided by th e international agreements to which 
the Republic of Moldova is a party . The attorney's rights shall be confirmed by a power of attorney 
issued by the applicant. After filing, the a pplication is subject to formal examination , and publication 
and substantive examination., if requested.  If no opposition has been filed against the decision to 
register the industrial design,  or if any opposition filed had  has been rejected, the industrial design 
shall be subject to registration and grant of the ce rtificate of registration. The registration of an  WT/ACC/SPEC/MOL/4/Rev.5 
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industrial design may be effected either wit hout substantive examination, under applicant's 
responsibility, or after substantive examination.  
185. 177. The representative of Moldova further added that the criteria for protection of an  
industrial design included the independent creation of an industrial design as well as the condition of 
being new and original. In order to be protected  industrial designs should be different from known 
designs or combinations of  known design features (Ar ticles 4 and 6(1) of the Law on the Protection of 
Industrial Designs).  under the legislation of the Republic of Moldova, protection is provided for 
independently created industrial designs with a ut ilitarian function that are new or original.  
Textile designs enjoy the same protection.  The subject of protection can be plane, three dimensional or a combination of these.  An industrial design is considered novel if its characteristics, including colours, significantl y differ from known designs or combinations of 
known design features which became available to the public in the Republic of Moldova and 
abroad before the priority date.   Textile designs enjoyed the same protection as industrial designs 
i.e., they could be registered as a design or industrial mode l if they possessed a new appearance and a 
utilitarian function.  
186. 178. He added that under the Law on the Protec tion of Industrial Designs, the title of 
protection of the industrial design in the Republic of Moldova was  is the certificate of registration. 
The certificate of registration entitled  entitles the owner to the exclusive right to exploit the industrial 
design on the territory of Moldova as well as to  the right to allow or to prohibit third parties to carry 
out without authorisation the following activities: ma nufacture, use, importation, exportation, offering 
for sale and any other form of marketing or holding  for that purpose of an article produced using the 
registered industrial design. Protection is valid for fi ve years from the date of the filing of application 
with the Agency and may be renewed four times for consecutive periods of five years, against 
payment of the prescribed fee in the fifth year of the current period of validity. 
- Patents 
187. 179. The representative of Moldova informed members of the Working Party that 
according to the Law on Patents for Inventions no. 461-XII of 18 May 1995, a patent may be granted 
for an invention of a new product or process or for the use of a known product or process for new 
purposes. For the purpose of the Patent Law, "product" shall mean equipment, substances, and micro -
organisms. At present, in the Republic of Moldov a new animal breeds are protected under the Law on 
Breed Protection no. 412 -XIV/1999.  an invention in any field of technology may be patented if it 
is new, if it involves an inventive step and if it is susceptible of industrial application.  An 
invention may concern a product or a process,  including micro-organisms, or the use of a WT/ACC/SPEC/MOL/4/Rev.5 
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known product or process for new purposes.  Pate nts are available and patent rights enjoyable 
without discrimination as to the place of invent ion, the field of technology and whether products 
are imported or locally produced.  
188. 180.
 The representative of Moldova noted that th e following shall be deemed patentable 
inventions: 
- scientific theories and mathematical methods;  
- conventional signs, timetables and rules;  
- methods  schemes for performing mental acts;  
- organisational  schemes, rules and methods for doing business;  
- algorithms and computer programs;  
- projects and plans for buildings and constructions and for territorial planning; 
- projects of an aesthetic nature (designs);  
- topographies of integrated circuits;  
- plant varieties and  or animal breeds, other than microorganisms. varieties.   
- Patents shall not be issued for in ventions, which are contrary to public policy and 
morality.  
Patents are not issued for inventions, the preven tion of commercial exploitation of which is 
necessary to protect public order or morality, including the protection of human, animal or 
plant life health or to avoid serious prejudice to the environment, provided that such exclusion 
is not made merely because the exploita tion is prohibited by national law. 
189. 181. The priority date of the inventions  a patent application is determined by the filing 
date of the application. An application shall contain the following documents: 
- a request for the grant of a patent, including identification of the inventor or 
inventors, of the applicant or applicants or of the person or persons on whose behalf 
the patent is sought; 
- a description of the invention disclosing it in a manner sufficiently clear and complete 
for it to be carried out;  
- one or more claims defining the subject ma tter of the invention and entirely supported 
by the description;  
- drawings and other elements, where necessary to understand the subject matter of the 
invention. 
 He added that applications were required to  A patent application must be accompanied by:  
- an abstract;  
- proof of payment of the prescribed fee or of circumstances justifying exemption from 
the fee or a reduction in the fee;  
- an authorisation, if the application is  filed by a professional representative;  
- any document necessary to prove the priority of the invention.  
At the same time, the applicant must indicate  the best mode for carrying out the invention 
known to the inventor at the filing date or, where pr iority is claimed, at the priority date of the 
application.  WT/ACC/SPEC/MOL/4/Rev.5 
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190. 182. He further noted that the application documents must be filed in the national 
language.  With the exception of the request, which should be filed in the national language  the 
application documents may be filed in one of the following international languages of 
communication: English, French, German and Russian.  In such cases, a translation into the national 
language shou ld shall be filed with the Agency within two months following the filing date of the 
application. If, on expiry of this time-limit, the app licant has not submitted those documents or 
has not filed a request for extension of the prescribed time-limit, the prosecution of the 
application shall be terminated.  AGEPI is authorised to grant patents under applicant’s 
responsibility.  without substantive examination und er the applicant's responsibility.  Applicants have 
the possibility to request the substantive examination, provided that the respective  prescribed fees are 
paid during the validity of the period of the patent. In Moldova the patent for invention is valid for 20 
years. The owner shall pay an annual fee for maintenan ce in force of his patent during all at the period 
of validity of the patent. The extent of the legal pr otection conferred by the patent shall be determined 
by the terms of the claims. The description and drawi ngs shall serve solely to interpret the claims.  
191. 183. The representative of Moldova stated that th e patent owner enjoyed an exclusive right 
in the invention protected by the patent, including the exploitation of the invention, insofar as such 
exploitation did not prejudice the rights of other patent  owners, the right to dispose of the patent and 
the right to prohibit others from exploiting the invention protected by the patent without his 
authorisation (Article 22 (1), Law on Patents for Inve ntion). Under the legislation of the Republic of 
Moldova there are no conditions regarding the com pulsory working of a patent.   In civil infringement 
proceedings involving process patents, TRIPS Article 34 provides that  judicial authorities have the 
authority to order the defendant to prove that th e process to obtain an identical product is different 
from the patented process. 
192. 184. He added that in the event of failure to work  an invention or to work it sufficiently by 
the patent owner during the three years that follow th e date of grant of the patent, any person wishing 
to exploit the invention and prepared to do so may, if the patent owner has refused to conclude with 
him a licensing contract, submit to a court or arb itration tribunal a request for the grant of a non-
exclusive compulsory licence. In the interest of  national security, the Government may authorise 
exploitation of an invention by another person wi thout the consent of the patent owner against 
payment to the latter of an appropriate monetary co mpensation. In the event of disagreement as to the 
amount of the monetary compensation, the pa tent owner may institute legal proceedings 
(Article 33 (1), (4)). Under the legislation of the Republic of Moldova, processes enjoy the same 
protection as products. Necessary amendments to the laws  in the field of industrial property protection 
have been elabor ated introduced , in compliance with the provisions of Article 31 of the TRIPS 
Agreement, to permit issuing of a compul sory licence in certain narrowly defined  circumstances. If WT/ACC/SPEC/MOL/4/Rev.5 
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such a licence is issued, the Agency is required to  take steps to inform the patent holder of the 
decision concerning the grant of a non-exclusive com pulsory licence; the Agency is also required to 
enter the decision in the National Patent Register, notify the issuance of the licence in the Official 
Bulletin within 3 months following the date on wh ich it has been entered in the National Patent 
Register. If the holder of a non-exclusive compulsory  licence fails to use the licence within the year 
following the granting
 of the licence, the non-exclusive co mpulsory licence may be cancelled.  
Importation shall be considered  qualified  as use for the purposes of determining whether the 
invention had been used when applying the  with regard to provisions on compulsory licensing and 
government use. 
193. 185. The representative of Moldova stated that th e legislation of the Republic of Moldova 
did not  contain s any provisions corresponding to  compliant with Article 34 of TRIPS., however, 
certain amendments are being prepared to adjust  the legislation prior Moldova’s accession to WTO.  
Article 23 paragraph 1(c) of the Law on Patents for Inventions and  as laid down in the Law for 
amending various Laws are compliant with are harmonised with  the provisions of Article 34 of the 
TRIPS, and namely: "When assessing cases of infringement of the rights of the owner, if the subject 
matter of a patent is a process for obtaining a product, the judicial authority shall require the 
defendant to prove that the process to obt ain an identical product is different form  from the patented 
process; any identical product when produced without the consent of the patent owner shall, in the 
absence of proof to the contrary, be deemed to ha ve been obtained by the patented process; if the 
product obtained by the patented process is new or if  there is a substantial likelihood that the identical 
product was made by the process and the owner of the patent has been unable through reasonable 
efforts to determine the process actually used."  
- Plant Variety Protection 
194. 186. In response to questions from Members of  the Working Party, the representative of 
Moldova stated that the protection of plant varie ties was covered by the Law on Plant Varieties, in 
force from 28  November  1996. Simultaneously, the "Provisional Statute of Industrial Property 
Protection in Moldova" was abrogated . The Law provides special protection for plant varieties. 
Protection is granted on the basis of certificates issued by the State Commission for Variety Testing of 
the Republic of Moldova and the patent granted by the State Agency on Industrial Property 
Protection. The term of protection is 25 years for trees, fruit trees and grapevines and 20 years for plant varieties and other species, with the possible extension for another ten years.  The Law provides 
for
 the exclusive rights of exploitation to the pate ntee, which are listed in Article 13 (Law on Plant 
Variety Protection). Moldova has also become a member of UPOV.  The Law provides for the 
exclusive rights of the patentee in the exploitation of the plant variety.   WT/ACC/SPEC/MOL/4/Rev.5 
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- Topographies of Integrated Circuits 
195. 187. The representative of Moldova noted that pursuant to the Law on the Protection of 
Integrated Circuits No. 655/1999, protection was  is granted only for genuine  to topographies that are 
original in that they are the result of thei r creators’ own intellectual effort and are not 
commonplace to the creators of topographies and manufacturers of integrated circuits at the 
time of their creation.  Registration is effected and not for ideas, processes, systems, technology or 
coded information which may be embodied in topographie s. Registration is made  without substantive 
examination. The certificate  registration is valid for a period of ten years. This  The above-
mentioned Law came into force on 6 January 2000.  
- Requirements on undisclosed information,  including trade secrets and test data 
196. 188. The representative of Moldova stated that trade secrets were  are protected under the 
Law on the Protection of the T trade S secret s, No. 171 enacted on 6 June 1994. Any information is 
considered a commercial secret if: (i) it has real or  potential value to the economic agent; (ii) access to 
it is restricted; (iii) it is marked, by stamp or othe rwise as confidential; (iv) it is not covered by the 
provisions of copyright or patents. Special provisi ons are applied for state secrets and matters of 
national interest. Trade secrets are protected as long as they meet the above mentioned criteria. This 
Law contains no limitations on the protecti on and no compulsory licensing provisions. 
197. 189. He further added that although the Law on Trade Secret s also protected unrecorded 
undisclosed information, Moldovan authorities res ponsible for licensing intellectual property would  
shall generally require that confidential information submitted in connection with the application for 
licenses, registration certificates, etc., be  is recorded and marked for purposes of clarity. 
198. 190. He noted that the marketing of pharmaceutical, agricultural and chemical products, 
which utilise new chemical entities without registration of intellectual property rights, are only subject to approval by the Ministry of Health or th e Ministry of Agriculture, respectively. Moldovan 
legislation does not require the submission of un disclosed test or other data as a condition of 
approving the marketing of products  in question, but if the importe r requires protection of undisclosed 
information, the Ministry of Health or the Mini stry of Agriculture shall provide such protection 
according to the legislation in force. In order to import and sell agricultural chemicals in Moldova, an 
importer has to obtain an import licence and a certif icate of hygienic conformity. For the importation 
of pharmaceuticals, Moldovan legislation requir es an import licence. The National Pharmaceutical 
Institute of the Ministry of Health  has issued an information leaflet for foreign producers describing in 
detail the registration procedures.  WT/ACC/SPEC/MOL/4/Rev.5 
Page 82  
 
- Other categories of Intellectual Property 
199. 191.
 The representative of Moldova stated that Moldovan law recognise sd utility models if 
they concern the constructive execution of means of production and of consumer goods or their 
component parts and if they are novel and are suscep tible of industrial application. The certificate of 
registration is the title of protection of a utility mode l. The utility model application shall be filed with 
the AGEPI and it shall contain the following docum ents: a request with information concerning the 
applicant (inventor), or his succes sor in title; description; claims; drawing and graphics, if necessary. 
These documents ensure the priority rights of the a pplication from the date of filing of the application 
with the AGEPI. 
200. 192. He added that if it was refused,  in case of refusal a patent application could  can be 
converted, on applicant’s request,  into a n utility model application with the initial priority  date. In 
this case, the applicant shall, after  until the decision to grant a patent or within 3 months from the 
decision of rejection of application.  The applicant must file an utility model application refusal, 
but not later than 4 years from the filing  date of the application, file a request for utility model 
registration  for the same object with the  AGEPI with the priority request of the initial filing date. The 
transformation of a n utility model application into a pa tent application for the invention  is possible up 
to the decision to grant an the utility model registration. In this case, the priority date shall be the date 
of the initial deposit. The certificate is valid for five years from the regular national filing date and 
may be extended at the request of the applicant for a period of 5 to 10 years .  
3.  Measures to Control Abuse of Intellectual Property Rights 
201. 193. In response to questions, the representative of  Moldova stated that national legislation 
provides for measures on the enforcement of intellect ual property rights which allow effective action 
against infringement of intellectual property rights.  The initiative for action against infringement is up 
to the holder of the property right. The Customs C ontrol Service is empowered to hold back copies of 
works and phonograms introduced or taken out wit hout licence. Provisions for special measures by 
customs concerning the infringement of intellectua l property rights are included as a separate chapter 
in the new Customs Code, which has been adopted by the Parliament and will be  come into force in 
the nearest future  on 1 January 2001 .   WT/ACC/SPEC/MOL/4/Rev.5 
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4.  Enforcement 
- Civil judicial procedures and remedies  202. 194.
 The representative of Moldova informed members of the Working Party that 
legislation already in force provide sd for the possibility to pursue  pursuit of infringements of  on 
intellectual property rights and regulates adduction of proof. the procedures therefore.  The principles 
of competition and guilt are applied. The Republic of Moldova has a Court system in which the 
competence of tribunals depends on the type of dispute to be considered. Contesting parties also 
enjoy the option of solving have the possibility to resolve  disputes by recourse to the services of 
arbiters  the Arbitration and Mediation Center under the auspices of , and one is permanently 
available with the  AGEPI. 
203. 195. He noted that whilst the civil legislation of the Republic of Moldova contain sed 
general provisions on intellectual property rights, specific provisions relating to the protection of 
intellectual property rights were  are contained in the laws covering  in the field of intellectual 
property rights. 
204. 196. He further noted that Intellectual property rights litigation and disputes were  are 
resolved in the Republic of Moldova,  depending on particular cases, in  by the following judicial 
bodies  authorities : (i) ordinary courts, whose decisions may be appealed against before in the Court 
of Appeals and ultimately to the Supreme Court of the Republic of Moldova; (ii) the  Economic Court, 
where appeals may be submitted to the Economic Appeals Court and ultimately in  to the Supreme 
Court of Justice of the Republic of Moldova ; (iv) Court of Appeals, whose decision can be 
contested in the Supreme Court of the Republic of Moldova . 
205. 197. The representative of Moldova stated that when a right -holder  right holder 
considere sd that his intellectual property rights had  have been injured he may initiate a civil, penal or 
administrative suit in the court. At the same time, in cases provided by the Civil Procedure Code, 
the general attorney may initiate a lawsuit for the protection of intellectual property rights.  in 
cases of fraud or similar cases the public prosecuto r may also initiate a separate case under the Penal 
Code of Moldova.  The same rules of  on evidence governing civil litigation in Moldova apply to 
intellectual property right cases. The infringer ma y be ordered to pay a fine, damages or 
compensation. Eventually, the right holder may also request that the goods or the equipment used to 
produce the goods concerned be destroyed or rendere d incapable of the use which infringed his rights 
(see Article 25, Trademark Law).  WT/ACC/SPEC/MOL/4/Rev.5 
Page 84  
 
206. He said that in piracy cases, legal measu res may include seizure of counterfeited works, 
phonograms and of the equipment and material unlawfully in their manufacture and 
reproduction (Article 38(8) of the Law on Copyright and Neighbouring Rights of the Republic 
of Moldova).  
198.
 At the request of the injured party, the equipment and material used unlawfully to reproduce 
and affix the trade mark or appellation of origin concerne d shall be prohibited from use for that 
purpose. Stocks of infringing signs reproducing the trademark or appellation of origin shall be 
destroyed and trademarks or appellations unl awfully affixed to products shall be r emoved, even if that 
leads to the destruction of the products. In accordan ce with Article 25 (2) of the Law on Trademarks 
and Appellations of Origin, if the simple remova l of the mark does not exclude the possibility of 
misleading the consumers, the produc ts shall be destroyed. The repr esentative of Moldova added that 
for copyright piracy such measures included the sei zure of infringing copies of works or phonograms 
or the materials and the equipment used for their manufacture and reproduction. Article 51(3 ) of the 
Code on Administrative Contravention provides fines of 10 -75 times the minimum salary and 
confiscation of goods illegally acquired. In addition,  Article 38(8) of the Copyright Law provides for 
confiscation of the goods involved. The present legisl ation establishes measures of criminal 
responsibility for the international infringement of copyrights and related rights, which caused 
considerable material damages. The judicial aut horities, at the request of the rights holders will 
undertake measures im mediately after customs clearance of such  goods according to Article 51 of the 
Administrative Contravention Code an d Article 141 of the Criminal Code.  
- Provisional Measures 
207. 199. The representative of Moldova informed members of the Working Party that 
according to present legislation, respectively Chap ter 13, Articles 135-142 of the Civil Procedure 
Code, the judicial authority may undertake measures to issue an injunction, if the participants in the 
dispute so request. The issue of an injunction is permitted at any stage of the process. The 
infringement of rights is sanctioned with  a penalty of ten to twenty five national minimum salaries. 
The plaintiff has the right to request the compensation ask the redress  of damages caused by the 
need to issue  issuing of the injunction. Appeals may be launched regarding all the decisions  
resolutions related to the issuing of the injunction. In conformity with Article 142, the redress of 
damages caused by the issuance ing of the injunction is permitted. 
208. 200. He also noted that provisional measures were  are obtained by written application by  
from the injured party or the public pro secutor requesting such measures from  to the court or the 
specialised arbitration body  requesting such measures . Provisional measures include: (i) order to the  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 85 
 
 
infringing party to stop the manufacture, reproduction, sale, rental, import, etc. of infringing objects 
until the court or the arbitration body has decided the case; (ii) seizure of infringing objects; (iii) 
seizure of materials and equipment used to produce the infringing objects; (iv) seizure of accounts and 
other documentation that may be used as evidence in the inquiry.  
- Any Administrative Procedures and Remedies  
209. 201. In response to questions from members of the Working Party, the representative of 
Moldova stated that Article 51(3) of the Code on Administrative Contravention provides for fines of 
10-75 minimum salaries and confiscation of goods in  cases of violation of an exclusive industrial 
right. Article 152(2) of the same Code provides for a fine of 15 to 25 national minimum salaries and 
confiscation of goods in cases of false utilisation of trademarks. 
 - Special Border Measures 
210. 202. The representative of Moldova stated that  adoption of appropriate standards was 
foreseen concerning  Moldova is currently adopting the procedures allowing the right holder to 
request the competent customs authorities to withhold the release into circulation of materials, which 
infringe intellectual property rights.  
211. 203. In response to requests for more information, the representative of Moldova stated 
that these special measures are included in the ne w Customs Code (Chapter XII) which reflect fully 
Part III Section 4 of TRIPS Agreement . The new Customs Code, which has been adopted by 
Parliament, will come  into force in the nearest future.  
- Criminal Procedures 
212. 204. The representative of Moldova added that Articles 34 and 35 of the Law on Patents 
for Invention define the acts that are subject to Pe nal and Civil Code in the form of imprisonment of 
up to two years (Article 34) with an alternative pun ishment in the form of a penalty, or the penalty 
only (Article 35). They also prescribe compensation for damages caused to the right holder for lost 
profit and for the liquidation of the goods or transfer of them to the patent owner. Other measures are 
provided by the Law on the Protection of Consumer Right no. 1453 of May 25, 1993 as well as by the following Articles of the Penal Code: 
-
 122 - misappropriation of the owner's property by swindle;;  
- 141 - infringement of inventor's rights; 
- 141 - copyright infringement; 
- 141 - infringement of the rights of the owner related to industrial property objects;  
- 158 - counterfeiting. WT/ACC/SPEC/MOL/4/Rev.5 
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213. 205.
 Some members of the Working Party ask ed for information on the criminal 
procedures and penalties applicable to the unlawful utilisation of trademarks.  In cases of criminal 
procedures and penalties applicable to the unlawful utilisation of trademarks, as provided by Article 
158 of the Criminal Code, the procedures in these cases are the same as for ordinary criminal 
offences. 
214. 206. Pursuant to Article 38(12) of the Copy right Law, a person committing a deliberate 
infringement of a copyright or neighbouring rights for gain and having caused considerable prejudice 
to the holder of the right is liable to a term of im prisonment of one to three years or/and to a fine of 
100 - 1000 times the national minimum salary.  
215. 207. The representative of Moldova stated  confirmed that Moldova would comply with all 
the provisions of the Agreement on Trade-Related Aspects of Intellectual Property Rights from the 
date of accession to the WTO without recourse to any transitional period. The Working Party took 
note of this commitment.  
VII.  POLICIES AFFECTING TRADE IN SERVICES  
VI. TRADE-RELATED SERVICES REGIME 
2. Policies Affecting Trade in Services 
216. 208. The Government of the Republic of Moldova  provided a description of the service 
regime in the Memorandum on the Foreign Trade Regime circulated in document WT/ACC/MOL/2. 
Moldova entered into bila teral negotiations on market  access in services, on the basis of the offer 
circulated to Working Party in document WT/ACC/SPEC/MOL/5/Rev.1 2. The result of these 
negotiations is reproduced in the Sc hedule of Specific Commitments on Services contained in Part II of 
the Annex to the Protocol of Acces sion of the Republic of Moldova.  As a market-oriented economy 
in transition, Moldova was adjusting its legislation according to the rules and principles of the 
GATS.  Moldova would seek MFN exemptions in th e road transport and audio-visual services.  
217. 209. In response to reques ts for information, the represen tative of Moldova said that only  
limited data were available on Moldov a's services sector and on its trad e in services. Many services had 
remained largely unregulated, particularly in relati on to any distinction betw een domestic and foreign 
supply.  Regulation of services was within the competence of various institutions, including the 
Ministries of Finance, Justice, Economy and Reforms, Transport and Communications; Health; 
Education and Science; Labour a nd other relevant institutions.  He said that the new  Law No. 332 
of 26 March 1999 “On issuing of licenses for Certain Types of Activities”  authorized the following  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 87 
 
 
bodies specified in Annex no.1  II to this Report to issue licenses for engaging in certain types of 
activities. These licenses were issued only for engagi ng in the activities listed and did not establish any 
limitations on the quan tities of products. 
218. The representative of Moldova said that th e Law on Enterprises and Entrepreneurial 
Activity, the basic act for commencing business ac tivity in Moldova, stipulated the conditions 
for establishing a commercial presence in Mold ova. According to this Law a commercial 
presence could take the form of an entirely new company, or subsidiary, or branch of an 
existing company, and/or any kind of joint vent ure, and that the degree of foreign ownership 
was not limited. Branches and representative offices are not regarded as juridical persons. 
Their property belongs to the parent enterprise a nd their activity should be based on the policy 
of that enterprise.  Before opening a branch  or representative office foreign persons were 
required to register it in the Trade State Register, kept by the State Registration Chamber 
within the Ministry of Justice.  
219. 210. He said that more generally Moldovan laws and regulations did not, for the most part, 
distinguish between trade in goods and services. The banking sector was open to foreign banks, which 
were allowed to set up subsidiaries, branches or representative offices. Banking activities could be 
carried out by a branch office or subsidiary for which a licence has been issued by the National 
Bank of Moldova.  One condition fo r issuing the licence is  the payment of an initial amount that 
shall not be less than the minimum capital required on a non-discriminatory manner.  Every bank, 
domestic or foreign-owned, which was licensed in Mo ldova was allowed to engage in financial leasing. 
(Article 26, Law on Fina ncial Institutions No. 550 -XIII of 21 July 1995).  
220. 212. The representative of Moldova  stated that the Law "On Financial Institutions” had 
defined the banking system of Moldova as including  the National Bank of Moldova, commercial banks 
and other credit  financial institutions. The notion of credit institutions cov ers legal persons and 
individuals that were involv ed in banking transactions.  In 1991 a two-tier banking system was 
established with the National Bank of Moldova serving as the central bank. The activity of the National 
Bank had been regulated by the Law "On the National Bank" No. 548-XIII of 21 July 1995  599-XII of 
11 June 1991 (with amendments)  and had been controlled by Pa rliament. Commercial banks duly 
licensed by the National Bank could open branches  and regional offices throughout Moldova. The 
banking sector was open to foreign banks, which we re allowed to set up subsidiaries, branches or 
representative offices. In banking join t ventures, the foreign partner had to be a bank that contributed its 
capital in foreign currency.  WT/ACC/SPEC/MOL/4/Rev.5 
Page 88  
 
221. 211.
 In response to requests for information, the representative of Moldova explained that 
although initially, the open competition for the supp ly of insurance services was permitted, the  an 
amendment to the Law “On Insurance” of 20 June 1996, stipulated that foreign insurance companies 
were allowed to operate in Moldova  only as a joint venture with Mo ldovan partners. The foreign share 
in such a joint venture is not li mited. Every company supplying insurance services had to obtain a 
licence issued by the Ministry of Finance. The de tailed rules governing the licensing requirements for 
insurance companies were contained in the Regulation "On Issuing the Issue  of Licenses for Insurance 
Services" from 17 November 1995. 
222. He said that the Ministry of Transpor t and Communications currently regulated the 
telecommunications sector. Competition was allo wed in all telecommunication services sectors 
except basic services in fixed networks (public telephone, satellite communication, telegraph and 
telex) and leased lines. Foreign companies coul d only provide basic telecommunication services 
through, and in agreement with, “Moldtelecom”  Company. Other services, such as mobile 
telecommunication networks, electronic mail, on -line information, electronic data interchange 
and value-added services could be provided without restrictions. Moldova would participate 
actively in ongoing and future rounds of WT O services negotiations with a view towards 
improving its commitments on communi cations services as defined under W/120. 
223. He added that the State-owned Moldovan Railways held a monopoly on transportation 
of passengers and goods by rail, but was exposed to heavy competition from other modes of 
carriage, in particular road transport. Foreign enterprises could provide public transportation 
through a registered Moldovan subsidiary licen sed by the authorities concerned. Moldova was 
requesting an MFN exemption on road passenger and freight transportation because of the commercial characteristics of road transport services in the region.  
224. The Moldovan Schedule of Specific Commitments on Services of Moldova is annexed to 
its draft Protocol of Accession reproduced in the Appendix to this Report.  This Schedule of 
Specific Commitments on Services contains the legally binding market access commitments of 
Moldova in respect of services. 
VII.  INSTITUTIONAL BASE FOR TRADE AND ECONOMIC RELATIONS WITH 
THIRD COUNTRIES 
225. 213.
 The representative of the Republic of Mol dova stated that Moldova had concluded a 
number of bilateral and multilateral agreements, which provided the legal framework for the development of trade and economic relations betw een Moldova and its part ners. These agreements 
aimed at promoting, facilitating and developing commercial exchanges and economic cooperation, were  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 89 
 
 
based on the principles of equality and reciprocal ad vantage and related to foreign trade in goods and/or 
services. The Free Trade Agreement between the republics of Azerbaijan, Armenia, Republic of 
Belarus, Georgia, Kyrgyz Republic, Republic of  Kazakstan, the Russian Federation, Ukraine, 
Republic of Uzbekistan, Republic of Tajikista n and the Republic of Moldova was signed on 
15 April 1994. From the date of signature, all Pa rties to the Agreement applied the Agreement on a 
provisional basis until the ratification procedures ha d been concluded. The Agreement entered into 
force with respect to: Moldova, Kazakstan and Uzbekistan on 30 December 1994; the Kyrgyz 
Republic on 28 December 1995; the Republic of Azer baijan on 18 December 1996; and Tajikistan on 
7 May 1997.  On 2 April 1999, the Parties to the Agreement signed the Protocol on Amendments and Supplements to the Agreement on the Creation of a Free-Trade Area of 15 April 1994. This Protocol 
was subject to ratification by the Parties and woul d come into force on the date on which the third 
notification of ratification was submitted to the Depos itary. For a party that completes its ratification 
procedures later, the Protocol would enter into for ce on the day when its notification is submitted. The 
free trade agreement contained provisions relating to  trade in goods that are of relevance to the 
Members of the WTO. A Free Trade Agreement has al so been signed with Romania. All agreements 
are in accordance with Article XXIV of the GATT 1994 and the Understanding on the Interpretation 
of Article XXIV. Duties and other restrictive re gulations of commerce had been eliminated on 
substantially all trade between the signatories.  
226. He said that Moldova's bilateral Free Trad e Agreement with CIS countries provides for 
duty free tariff treatment for the importation of the goods (including agricultural products) 
originating from these countries into the customs territory of the Republic of Moldova. The Agreement covers all trade in agricultural produc ts and industrial products (HS Chapter 1-97). 
There were no exceptions to this treatment.  Tariff preferences are granted to any exporter who is a resident of a  CIS country and wh o presents a certificate of origin  conforming to rules of origin 
established in national legislation. For trade in  services, the objective is the gradual removal of 
restrictions with a view to create conditions for free market services within the territory of the parties to the agreement. At this time, there a re no provisions for special treatment in the 
agreement on investment or movement of persons,  except concerning trade in services. In the 
period 1996-1998, trade with CIS accounted for be tween 44 and 65 percent of Moldova's imports. 
227. He added that Moldova's Free Trade Agreem ent with Romania entered into force on 
1 January 1995. The Agreement covers all trade in agricultural  and industrial products (HS 
Chapter 1-97). The products covered are produc ts originating in the Republic of Moldova or 
Romania according to the rules of origin established in the Agreement. The Agreement also 
contains provisions to facilitate customs formalities, concerning the mutual notification of 
technical barriers to trade and sanitary and phytosanitary measures, and calling for the parties to WT/ACC/SPEC/MOL/4/Rev.5 
Page 90  
 
further liberalize thei r public procurement markets. A Moldova-Romania Joint Commission 
meets once a year to monitor implementation of  the agreement. Moldova and Romania apply an 
import charge on trade of 0,25 and 0,5 per cent respectively, to provide revenue for the 
improvement of Customs Authorities' infrastruc tures. Between 1996 and 1998, Romania's exports 
to Moldova accounted for betwee n 7 and 11 percent of total ex ports and Moldova’ s exports to 
Romania accounted for between 9 and 10% of its total exports. The Agreement does not contain 
specific disciplines in the area of trade in services, investment, or movement of persons. However, 
Article 15 of the Agreement provides for freedom of the transfer of payments. 
228. 214.
 In response to requests for information, the representative of Moldova said that the 
basic framework agreement, the Partnership and Co-operation Ag reement (PCA), between the 
European Union and Moldova was signed on 28 Nove mber 1994 and came into force on 1 July 1998. 
It sets out both the general principles and detailed provisions that will govern  future relationships 
between the European Communities,  the Member States (EU) and the Republic of Moldova. The 
main objectives of the PCA are: to provide an appropriate framework for political dialogue; to 
promote trade and investment and harmonious economic  relations; to provide a basis for legislative, 
economic, social, financial and cu ltural cooperation between the Parties; to support efforts of the 
Republic of Moldova to consolidate its democracy and to develop its economy and to complete the 
transition into a market economy. The PCA has cr eated three new 'institutions': the Co-operation 
Council, the Co-operation Committee and the Pa rliamentary Co-operation Committee. Economic 
links will be strengthened throug h improving conditions for trade and investment, and by assisting 
Moldova in all aspects of the economic reform proce ss. Moldova and the EU have granted each other 
Most Favoured Nation status with regard to tr ade in goods. They also undertook to liberalise 
progressively cross border supply of services, with  the aim developing a market-oriented service 
sector. As far as investment is concerned, the PCA contains important provisions that aim to improve 
the environment for the establishment and opera tion of Moldovan companies, subsidiaries and 
branches operating in the EU and vice versa. The Agreement basically provides GATT principles and its interpretations in economic areas. This Agreem ent represents an evolutionary legal framework. 
With regard to trade, further developments include the possible setting up of a free trade zone, as 
foreseen in the PCA. As a majority  of Moldavian political parties have  achieved an internal consensus 
on the strategic objective of European integration with  respect to internal and external policies, and 
have signed a common declaration., a national stra tegy on association/accession should shortly be 
adopted. The Republic of Moldova aims to associate itself more closely with EU. initiate, as soon as 
possible, negotiations for the conclusion of a stability and association agreement with EU.  To this 
end, full implementation of the PCA, and incorpor ation into Moldovan basic procedures of the EU’s  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 91 
 
 
“acquis communautaire” are of major importance, with  particular attention to harmonisation with EU 
standards (harmonisation of laws, normative and administrative acts and methods of work).  
229. 215. Some members of the Working Party recall ed that Article XXIV of the GATT 1994 
permitted exceptions to Article I in the case of economic integration agreements provided that the 
conditions of Article XXIV and the respective Unde rstanding were met. The members of the Working 
Party asked Moldova to ensure that a framework ag reement towards the creation of a custom union with 
several CIS countries would be cons istent with the WTO Agreement. In response, the representative of 
Moldova stated  said that the Government of Moldova supported economic integration w ithin the CIS. It 
was Moldova's intention to ensure that the custom s union and the steps leading to it would be in 
conformity with the provisio ns of Article XXIV of the GA TT 1994. Moldova would provide 
information concerning all its ag reements in the format used by the WTO Committee on RTAs.  
230. 216. Some members of the Working Party requested information on the scope of the duty 
free treatment accorded in each agr eement; exceptions to the elimination of tariffs; and any special 
provisions concerning trade in services, investment, or movement of persons. In response the representative of Moldova stated that informati on on the free trade agreements signed with CIS 
countries and Romania was circulated to the members of the Working Group in the
 document 
WT/ACC/MOL/28. Some members of the Working Pa rty also requested a schedule describing the 
state of all preferential agreements presently held  by Moldova, and a descrip tion of their compatibility 
with the relevant provisions of the WTO Agreement.  
231. 217. The representative of Moldova said  confirmed  that Moldova would observe all WTO 
provisions, including those of Article XXIV of the GATT 1994 and Article V of the GATS in the 
trade agreements, and would ensure that the provi sions of these WTO Agreements for notification, 
consultation and other requireme nts concerning free trade areas and customs unions of which 
Moldova was a member were met from the date of  accession. He confirmed that Moldova would, 
within 6 months after accession, submit notifications and copies of its Free Trade Area and Customs 
Union Agreements to the Committee on Regional Trad e Agreements (CRTAs). He further confirmed 
that these Agreements would be consistent with the provisions of the WTO and would, in any case, be 
notified to the CRTA during its examination of the same. The Working Party took note of this 
commitment. WT/ACC/SPEC/MOL/4/Rev.5 
Page 92  
 
- Transparency 
- Publication of Information on Trade in goods and services 232. 218.
 Some members of the Working Party request ed information concerning the special 
information facility outlined in Ar ticle 21 of the Law “On Foreign Tr ade Activity”. In response the 
representative of Moldova stated that the special trad e information facility outlined in Article 21 of the 
Law “On Foreign Trade Activity” had been activated within the Ministry of Economy and Reforms.  
233. 219. The representative of Moldova said that Mo ldova would implement the transparency 
requirements of Article X of the GATT 1994. All the relevant laws and regula tions as described in 
Article X of the GATT 1994 would be published pr omptly in "Monitorul Oficial al Republicii 
Moldova" which was the main publication for this pur pose. Other decisions or regulations in specific 
areas were published in specialized newspapers or magazines. According to Article 76 of Moldova’s 
Constitution “laws shall be published in the “Monitoru l Oficial” of the Republic of Moldova and shall 
come into force either on its publication date or on the date mentioned in its original text. Unless 
published, the law is nonexistent.” 
234. 220. Some members of the Working Party requ ested information on how Moldova would 
be able to fully apply the transparency require ments of the GATS, including GATS Article III. In 
response, the representative of Moldova stat ed that Governmental Decision No. 1104 of 
28 November 1997 provided that all laws, government al decisions and other legal documents would 
enter into force only after their publication thus ensuring compliance with Article III (1) of GATS. 
The information center that would be established at the Ministry of Economy and Reforms could 
serve as a central GATS inquiry point. Other sim ilar inquiry points would be established in other 
governmental institutions, such as the Ministry of Fi nance, National Bank, Ministry of Transport and 
Communications, thus ensuring compliance with pa ragraphs 3 and 4 of Article III of GATS. In 
addition the representative of Moldova confirmed that it would undertake all necessary measures to 
ensure full application of other transparency requ irements of the GATS, including GATS Article III.  
-  Notifications 
235. 221. The representative of Moldova stated  confirmed that a schedule of notifications 
required by Agreements constituting part of th e WTO Agreement had been submitted in document 
WT/ACC/SPEC/MOL/6/Rev.1 with information abou t deadlines for all notifications required upon 
accession and immediately after accession.  Any regu lations subsequently enacted by Moldova which 
gave effect to the laws enacted to implement an y Agreement constituting part of the WTO Agreement  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 93 
 
 
would also conform to the requirements of that Ag reement.  The Working Party took note of this 
commitment.  
- Conclusions  
236. 222. The Working Party took note of the explanations and statements of Moldova 
concerning its foreign trade regime, as reflected in this report. The Working Party took note of the 
commitments given by Moldova in relation to cer tain specific matters, which are reproduced in 
paragraphs 30, 34, 48, 54, 63, 65, 74, 78, 83, 90, 94, 96, 98, 105, 109, 123, 134, 135, 140, 144, 149, 
152, 158, 215, 231 and 235 of this Report. The Working Party took note that these commitments had 
been incorporated in paragraph 2 of the Protocol of Accession of Moldova to the WTO. 
237. 223. Having carried out the examination of the fo reign trade regime of Moldova and in the 
light of the explanations, commitments and con cessions made by the representative of Moldova, the 
Working Party reached the conclusion that Moldova be invited to accede to the Marrakesh Agreement 
Establishing the WTO under the provisions of Article XII. For this purpose, the Working Party has prepared the draft Decision and Protocol of Accessi on reproduced in the Appendix to this report, and 
takes note of Moldova's Schedule of Specific Commitments on Services (document 
WT/ACC/MOL/…/Add.1) and its Schedule of C oncessions and Commitments on Goods (document 
WT/ACC/MOL/…/Add.2) that are annexed to the Prot ocol. It is proposed that the General Council 
adopt these texts when it adopts the Report. When the Decision is adopted, the Protocol of Accession 
would be open for acceptance by Moldova, which woul d become a Member thirty days after it accepts 
the said Protocol. The Working Party agreed, therefor e, that it had completed its work concerning the 
negotiations for the accession of Moldova to th e Marrakesh Agreement Establishing the WTO. WT/ACC/SPEC/MOL/4/Rev.5 
Page 94  
 
ANNEX I 
 
Laws, Regulations and Agreements
 
 
3.  
- Laws and Resolutions 
− Law "On the Customs Code" - No. 1321–XII of 9 March 1993; 
− Law "On Amendments to the Customs Code "- No. 44-XIII of 12 April 1994; 
− Law "On Sanitary and Epidemiological Protec tion of the Population" - No.1513-XII of 
16 June 1993; 
− Law "On Foreign Investments" - No. 998–XII of 1 April 1992; 
− Laws "On Amendments to the Law on Fo reign Investments" - No. 197-XIII of 27 
July1994, No. 92-XIII of 11 May 1994, No. 321–XII of 13 December 1994; 
− Law "On the Government " - No. 64-XII of 31 May 1990; 
− Law "On Export and Import Regulation of Goods and Services" - No. 188-XII of 26 
July 1990; which was abrogated through th e Law “On State Regulation of foreign 
Trade Activity”; 
− Law "On Banks and Banking Activity" - No. 601-XII of 12 June1991, which was 
abrogated through the Law “On Financial Institution”; 
− Law “On Financial Institution” – No.550-XIII of 21 July 1995; 
− Law "On the National Bank of Moldova" - No. 599-XII of 11 June 1991 (with 
amendments); 
− Law "On Foreign Economic Activity" – No . 849-XII of 3 January 1992, which was 
abrogated through the Law “On State Re gulation of Foreign Trade Activity State 
Regulation of External Trade ”; 
− Law  “On State Regulat ion of the Foreign  External Trade Activity ” No. 1031-XIV of 
approved by Parliament in 5   8 June 2000;  
− Law “On State Budget 1999; 
− Law “On Licensing Certain Types of Ac tivities” – No.332-XII of 26 March 1999; 
− Law "On Cooperation" - No. 864-XII of 16 January 1992; 
− Law "On Enterprises and Entrepreneurial Activity" - No. 845-XII of 3 January 1992 
(with amendments); 
− Law "On Insurance" - No. 1508-XII of 15 June 1993 (with amendments); 
− Law "On Consumers Rights Security"- No. 1453-XII of 25 May 1993; 
− Law "On Limitation of the Monopoly Activitie s and Development of Competition" - 
No.906-XII of 29 February 1992; 
− Law "On Amendments to the Legislative Acts" - No. 51-XIII of 14 April 1994;  
− Law "On Legal Status of Foreigners and Pers ons without Citizenship in the Republic, of 
Moldova" - No.276-XIII of 10 November 1994; 
− Law "On Entry and Stay in the Republic of Moldova of Foreigners and Persons without 
Citizenship" – No. 269-XII of 9 November 1994; 
− Law "On Excise tax" - No. 347-XII of 27 December 1994; 
− Law "On VAT " - No. 264-XII of 9 December 1995; 
− Law "On Audit" - No. 729-XIII of 15 February 1996; 
− Law "On Rent"- No. 861-XII of 14 January 1992; 
− Law "On Employment"- No. 878–XII of 16 January 1992; 
− Law "On Accounting" - No. 426 of 4 April 1995; 
− Law “On Standardization” – No. 590-XIII of  22 September 1995, amended by the Law 
919-XIV of 12April 2000;  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 95 
 
 
− Law “On Certification” – 652-XIV of 28 October 1999;  
− Law “On Technical Barriers to Trade” – no. 866-XIV of 10 March 2000; 
− Amendments to the Law on the Protection of Industrial Designs No. 991-XIII of 15 
October 1996; 
− Law “On Trademarks and Appellations of Origin” - No. 588-XIII of 
22 September 1995; 
− Law “On Copyright and Neighboring Rights” - No. 293-XIII of 23 November 1994, 
amended by the Law no. 29-XIV of 28 May 1998; 
− Law “On Patents for Inventions” - No. 461-XIII of 18 May 1995; 
− Law “On Audiovisual Services” – No.603-XIII of 3 October 1995; 
− Law “On Plant Variety Protection” – No. 915 of 11 July 1996; 
− Law “On the Protection of Industrial De signs” – No. 991-XIII of 15 October 1996; 
− Law “On Amending Various laws on Indus trial Protection Rights”, July 2000; 
− Law “On Securities” – No .1427-XIII of 18 May 1993; 
− Law “On Commercial Secrets” - No. 171-XIII of 6 July 1994; 
− Law “On Bases of Tax System” – No .1198-XII of 17 November 1992; 
− Law “On Profit Tax of the Enterprise s” – No.1214-XII of 2 December 1992; 
− Law “On the Road Fund” - No. 720-XIII of 2 February 1996; 
− Law “On Customs Tariff” – No.1380-XIII of 20 November 1997; 
− Law “On Budget 1998” – No. 1446-XII of 27 December 1997; 
− Law “On Vineyard and Vine” - No. 131-XIII of 2 July 1994; 
− Law “On Veterinary Activity” - No. 1538-XII of 23 June 1993; 
− Law “On Privatization Program for 1997- 1998” - No. 1217-XIII of 25 June 1997, 
(amended by Laws No.1566-XIII of 26 Febr uary 1998; No.187-XIII of 6 November 
1998; No.237-XIV of 23 December 1998; No. 239-XIV of 23December 1998 and No. 253-XIV of 24 December 1998; 
− Law “On Phytosanitary Quarantine” - No. 506-XIII of 22 June 1995; 
− Law “On Government Procurement” - No. 1166-XII of 30 May 1997; and
  
− Law “On Free Enterprise Zone "Expo-Business-Chisinau" - No. 625-XIII of 3 
November 1995, amended by 1 517-XIII of 18 February 1998; and 
− Annex  5 to the Law No.  390-XIII of 15  March  1995 “On the State Privatization 
Program for 1995 -1996”.  
− Law “On Budget 2000” of 1 October 2000.  
 
− Law and Agreements on local authorities 
 
− Law On the Legal Status of Gagauz ia (Gagauz-Yeri) - No. 344-XIII of 
23 December 1994; 
− Memorandum on the Basis for Normalization of Relations between the Republic of 
Moldova and Transnistria si gned in Moscow on 8 May 1997; 
− Agreement on the organizational basis of so cial-economical colla boration between the 
Republic of Moldova and Transnistr ia signed on 10 November 1997.  
 
− Decrees 
 
− Decree "On the Promulgation of the 1995 Finance Act"; 
− Decree "On the Promulgation of the 1996 Finance Act"; 
− Decree of the Parliament No. 1430-KP of 18 May 1993 Concerning the Introduction of 
the Securities Operations Tax Law;. 
 WT/ACC/SPEC/MOL/4/Rev.5 
Page 96  
 
− Decisions and Instructions and other legislative acts 
 
− Governmental Decision No.740 of 2 Novemb er 1995 "On preventing the illicit sales of 
chemical and biological products  intended to be used in agriculture and forestry on the 
territory of the Republic of Moldova"; 
− Governmental Decision No. 371 of 6 June  1995 "On Improving the Mechanism of 
Regulating External Economic Relations"; 
− Governmental Decision No. 340 of 2 June  1993 "On the Approval of Basic Rules 
regarding to Structure of  production and Realization expenditure s of Goods (Works, 
Services), included in its price Cost and mo de of Forming of Financial Outcomes of 
Enterprises"; 
− Summary "On the Order of Calculation of the Tax on Banks and the Order of Payment 
of It to the Budget (16 January 1994)”; 
− Government Decision No. 859 of 13 August 1998 “On Licensing Certain Types of 
Activities”, which was abrogated thorough  the Law No.332 of 26 March 1999 “On 
Licensing Certain Types of Activities”;  
− Governmental Decision No. 1154 of 15 De cember 1997 “On Optimization of Control 
Services Activity at State Customs”, amended by Governmental Decisions No.168 of 16 February 1998; No. 112 2 February 1999; 
− Government Decision No. 760 of 10 Nove mber 1995 “On Production of Wine and 
Other Wine Products with Appellation of Origin”; 
− Government Decision No. 378 of 22 June 1998 “On the Veterinary Statute of the 
Republic of Moldova”; 
− Government Decision No. 777 of 13 August 1998 “On Improving the Mechanism of 
Regulating Foreign Trade (Import Licensing)”amended by the Government Decision No. 76 of 22 January 1998 and Governme nt Decision No. 716 of 30 June 1998; 
− Government Decision No. 697 of 10 Oct ober 1995 “On the Establishment of State 
Services of Phytosanitary Quarantine”, amended by Governmental Decision no. 408 of 27 April 2000; 
− Penal Code Art. 141 "Violation of copyright",  Art. 512 "Violation of property right on 
intellectual property"; 
− Governmental Decision No. 659 of 15 Septem ber 1994 "On the Issue and Turnover of 
Bills"; 
− Governmental Decision No.719 of 23 September 1994 "On the Ministry of 
Telecommunications and Informatics"; 
− Governmental Decision No. 363 of 25 June 1996 “On the Organization of 
Standardization and Me trology Activities”;  
− Governmental Decision No. 713 of 23 Oc tober 1995 "On the copyright owner's 
remuneration for the use of copyright and neighboring rights"; 
− Governmental Decision No. 494 of 17 July 1995 "On the establishment of a provisional 
National Register of Computer Software"; 
− Governmental Decision No. 524 of 24 July 1995 "On the administration on a collective 
basis of patrimonial rights of holders of neighboring rights"; 
− Governmental Decision "On the accessi on to the World Convention on Copyright" 
(6 Sep. 1952); 
− Governmental Decision "On the accession to the Convention for the Protection of 
Performers, Producers of Phonograms and Broadcasting Companies" (Rome 1961); 
− Governmental Decision "On the accession to the Bern Convention for the Protection of 
Literary and Artistic Works" (Paris Act 1971); 
− Governmental Decision No. 743 of 31 Decem ber 1996 “On the Statute of the State 
Agency on Industrial Property Protection of Moldova”;  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 97 
 
 
− Governmental Decision no.423 of 3 May 2000 “On the approval of the Rules on 
sanitary-epidemiological State supervision in the Republic of Moldova”, which replaces Governmental Decision no.816 of December 1995; 
− Governmental Decision “On the implementation and fulfillment of commitments 
taken by the Republic of Moldova in the process of accession to the  WTO”; 
− Provisional Statute on Industrial Property Protection of Moldova; 
− Provisional Statute on Pate nt Attorneys of Moldova; 
− Instructions on Compiling and Filing of Applications for Granting Patents on Invention; 
− Instructions on Compiling and Filing of Applications for the Registration of Utility 
Models; 
− Instructions on Compiling and Filing of Applications for the Registration of 
Trademarks and Service Marks; 
− Instructions on Compiling and Filing of Applications for the Registration of 
Applications of Origin of Goods; 
− Instructions for the Application of the Pr ovisional Statute for Industrial Property 
Protection in Moldova Concerning Inventions on which the Patent on the Responsibility 
of the Applicator is Requested and Instruc tion for the Application of the Provisional 
Statute for Industrial Property Protection  in Moldova Concerni ng Industrial Designs; 
− Instructive-methodical indications of the Ministry of Finance regarding to the State 
sanitary control of imported food produ cts and raw materials, No.3177-84;  
− Medico-biological requirement s and sanitary rules with regard to imported food 
products and raw materials, Decision No. 5061-89 of the Ministry of Health; 
− Concepts of Tax Reform; 
− Governmental Decision No.99 of 27 Fe bruary 1996 “On Customs Valuation”; 
− Governmental Decision No.658 of 20 Septem ber 1995 “On the Mechanism of Public 
Procurement”, abrogated by Law no.1217-XIV of 31  December 1997 on National 
Agency for Government Procurement; 
− Rules of the Ministry of Finance “On the Is sue of Licenses for Insurance Services”; 
− List of Companies Registered in the State Register as Major Domestic Producers; 
− List of Products for which certification is permitted on the basis of manufacturers 
declarations; 
- Annex No. 3 of Government Decision No. 414 dated 13 July 1994 "List of products, 
subject to mandatory certification"; 
- Rules on the Protections of the Republic of  Moldova Territory Against the Entry or 
Introduction from other Countries of Quarantin ed Pests, Pathogenic Agents of Plants 
Diseases and Weeds:  
− List of Internal and External State Guarantees; and  
− List of enterprises in which the State still owns over 25 per cent;  
− Executive Decree introducing Pre-shipment Inspection; 
− Regulation of Pre-shipment Inspection of Imported Goods - Annex 1 to the 
Executive Decree of the Government of  the Republic of Moldova No. 2 dated 26 
September 2000; 
− Regulation on the Committee for Implem entation and Monitoring of the Pre-
shipment Inspection of Imported Goods  – Appendix No. 3 to the Order of the 
Government of the Republic of Moldova; 
− Personal Composition of the Committee for Implementation and Monitoring of 
Pre-shipment Inspection of Imported Goods.  
− Governmental Order No. 2 of 26 Septem ber 2000 “On Preshipment Inspection of 
Imported Goods”. 
 WT/ACC/SPEC/MOL/4/Rev.5 
Page 98  
 
− Draft laws and regulations 
 
− Draft Law on Anti-dumping, Countervailing Duties and Safeguard Measures; 
− Draft Customs Code (Chapters II-XII);  
− Draft Law on Utility Models; 
− Law on Customs Tariff, included draft amen dments approved by the Parliament in 
first reading, July 2000; 
−
 Draft Governmental Decision “On pre -shipment inspection of imported goods”;  
− Draft Amendments to the Law on Consum er Rights Protection No. 153-XII of 25 
May 1993. 
−  [The provisions of this Decision were included in t he new Customs Code]  
 
− Free Trade Agreements and other Agreements: 
 
− Armenia; 
− Azerbaijan; 
− Belarus; 
− Kazakstan; 
− Kyrgyz Republic; 
− Romania; 
− Russian Federation; 
− Turkmenistan; 
− Ukraine; 
− Uzbekistan; 
− Trade Agreement Between the Government  of the Republic of Moldova and the 
Government of the Islamic Republic of Iran; 
− Moldova-European Community Interim Ag reement On Commer ce and Commercial 
Affairs and Agreements for coal, steel and atomic energy; 
− Agreement between the European Economic Community and the Republic of Moldova 
on Trade in Textile Products, initi aled at Brussels on 14 May 1993.  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 99 
 
 
ANNEX I  
ANNEX II 
Type of activities needing licence authorization  
 
Ministry of Economy and Reforms: 
 
- organization of external tourism; 
- collection of technical remnants, containing non-ferrous materials; 
- organization of stock exchange trade; 
- the exercise of functions of administrato r of contesting procedure and administrator 
of re-organizing procedure. 
 
The Treasury: 
 
- audit activity; 
- activity in the field of insurance; 
- Lombard functioning; 
- organization and undertaking lotteries; 
- maintaining casinos, exploitation of game m achines with money gains, staking in 
sports and other types of contests; 
- activity, linked to state marking of articl es, made of precious metals and precious 
jewels and activity with precious  metals and precious jewels; 
- import and wholesale commercialization of spirits; 
- import and wholesale commercialization of tobacco items; 
- import and wholesale commercialization of fuel and petrol; 
- activity of economy and citizens’ loaning associations; 
- activity of customs free deposits. 
 
The Ministry of Industry and Trade: 
 
- fabrication of chemical products, chemical  articles and products of house usage. 
- the wholesale trade with goods of large usage; 
- The Ministry of Agriculture and Processing Industry: 
- production and commercialization with repr oduction, planting, backiferous and 
vineyard materials;  
- production and commercialization with vege table seeds, pumpkin crops, potatoes and 
plain crops; 
- projecting the fruit-growing, backiferous plantations and vineyard; 
- production for the commercialization of bi ologic material of bovine, pork, sheep, 
chicken, horses and fish; 
- up-bringing of reproduction bovine, destined to commercialization; 
- importation and commercialization of chemical and biological substances, as well as 
of stimulators of plants growth; 
- fabrication of biological substances, as well as of stimulators of plants growth; 
- production, stocking and wholesale commercia lization or just only stocking and 
wholesale commercialization with spirits, including ethyl drinks and beer; 
- processing of tobacco, production of tobacco items, wholesale commercialization, 
including tobacco export. 
 WT/ACC/SPEC/MOL/4/Rev.5 
Page 100  
 
The Ministry of Transports and Communications: 
 
- exploitation of auto transport for passenge r traffics (with the exception of routes 
within the city radius); 
- exploitation of specialized auto transport, destined to the transportation of toxic, 
explosive, and flammable substances (after  a coordination with the Department of 
Standards, Metrology and Technical Assi stance and the Department of Civil 
Protection and Emergency Cases, and in some cases, with the institutions on sanitary control); 
- elaboration, assembly, installation, technical  maintenance of television networks by a 
cable or posts (stations) of radio diffusion  and television by a radio-electric way; 
- functioning of television networks by a cable  or posts (stations) of radio diffusion and 
television by a radio-electric way (technical licenses); 
- offering express postal services regarding registered parcels; 
- commercialization and exploitation of tel ecommunication, postal and informatics 
equipment (type-authorizations). 
 
The Ministry of Labour, Social and Family Protection: 
 
- organization of provisional abroad employment of citizens of the Republic of 
Moldova, as well as the placement in the s phere of labour of citizens within the 
territory of the Republic of Moldova. 
 
The Ministry of Health: 
 
- the development of pharmaceutics activity; 
- supplying technical assistance (with the exception of some activities, practiced 
exclusively by state enterprises, organizations and institutions); 
- researches, applied in the field of genetics and microbiology; 
- fabrication, commercialization, purchase and custody of radioactive substances, 
applied in medicine; 
- fabrication, commercialization, technical assistance, repairs and verification of 
technical and optic medicine articles; 
- usage of potentially toxic substances, of chemical and biological ones, applied in 
medicine. 
 
The Ministry of Education and Science: 
 
- the establishment of educational instituti ons, of re-qualification and improvement 
institutions and courses. 
 
The Ministry of Culture: 
 
- organization of archeological projecting research works; 
- elaboration of projects and the execution of conserving, restoring and valuation works 
concerning historical monuments; 
- commercialization with goods with artistic  value and with antiquarian things. 
 The Ministry of Justice: 
 
- 
supplying juridical assistance; 
- undertaking judiciary expertise; 
- Notary activity. 
  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 101 
 
 
The Ministry of Home Affairs: 
 
- the use of explosive substances, explosive and pyrotechnic means; 
- repairs of sports and hunting weapons; 
- private detective activity; 
- instruction on different types and sorts of  body-to-body wrestling, including on martial 
arts; 
- commercialization of different types of wea pons and equipment (exclusive licensing of 
state enterprises); 
- instruction and re-cycling of drivers of auto transport means; 
- security insurance and protection activity; 
- seals fabrication; 
- import, export and re-export of w eapons and respective equipment. 
 
The Ministry of National Security: 
 
- elaboration, production and commercializati on of ciphering technology, technical and 
prophylactic assistance of ciphering means and of other special means for the custody, 
processing, transmission, interception and re gistration of the information, for the 
insurance of its authenticity, and offering ciphering services; 
- the cryptographic and technical-engineering protection of information, cryptoalgorithms 
and cryptographic analysis; 
- special revisions of technical means and equipment aiming at the protection against the 
drain of information by technical channels; 
- elaboration of ciphers; 
- preparation of specialists in the field of cryptography. 
 
The Ministry of Environment: 
 
- the usage and processing of remnants (except the technical remnants, containing non-
ferrous metals, the collection of which is licensed by the Ministry of Economy and 
Reforms); 
- the usage of natural resources (the collec tion and commercialization of spontaneous 
plants, including medical plants, animal chase, except hunting fauna, acquisition of animals, not constituting hunting and fishing objects (snails, snakes, frogs etc., the 
industrial fishing in natural water pools); 
- undertaking evaluative study of the impact upon the environment and the ecological audit 
undertaking; 
- the practice of technologies of separating the components of the atmospheric air; 
- hydro-meteorological observations. 
 
The Ministry of Territory, Buildings  and Communal Farms Development:  
 
- works on projecting all categories of constr uctions, including rec onstruction, general 
repairs, consolidating, mode rnization and restoration; 
- execution of works of constructing-assembling, rebuilding, general repairs, modernization 
and restoration for all categories of construc tions, including technical networks and those 
of public utility; 
- activity concerning the production of materials and building items. 
 
The Department of Standards, Metrology and Technical Assistance: 
 
- construction, assembly (incl uding regulation), exploitati on and repairs of objects from 
mining industries, from the sectors with flammable and deflagration dangers, of objects to WT/ACC/SPEC/MOL/4/Rev.5 
Page 102  
 
be deposed and the manipulation within them with substances, able to create deflagrant 
messes of dust and air or of steam, of gas alimentation systems, of lifting installations, of boilers, recipients, functioning under pressure  as well as of steam and hot water conducts 
(in case of necessity, there will be a coordinati on with the Department of Civil Protection 
and Emergency Cases); 
- fabrication, assembly (including regulation) and repairs of the chemical, mineral, anti-
deflagrant and electric/thermal/energetic equipment; 
- custody and usage of explosive industrial materials (in common agreement with the 
Minister of Home Affaires); 
- exploitation of useful mineral resources (with the exception of those of large extension); 
- the expertise of industrial products’(objects’) security, including the underground and 
electric/thermal/energetic works; 
- fabrication, repairs, verification, calib ration, experimentation, exploitation and 
commercialization of measuring means; 
- the usage of underground with other purposes than the extraction of useful mineral 
resources; 
- execution of drilling works (except the technical building prospects); 
- exploitation of sources and the bottlin g of mineral and potable waters; 
- import, usage, deposit, commercialization of chemical reagents, liquid gases and of 
chemically toxic substances (materials) and those, dange rous of being deflagarant; 
- deposit of fuel and lubricant materials (after a coordination with the Department of Civil 
Protection and Emergency Cases); 
- exploitation of petrol and gas alimentation stations (after a coordination with the 
Department of Civil Protection and Emergency Cases); 
- import, export, produc tion and internal consume of s ubstances, destroying the ozone 
stratum, regulated by the Montreal Protocol, as well as of products, containing the 
regulated substances; 
- import, custody, exploitation and usage of ioni zed radiation sources of reagent materials. 
 
The Department of Civil Protection and Emergency Cases: 
 
- functioning of buildings, cons tructions, production establishments, the characteristics of 
which can generate fires or explosi ons and of other congested objectives; 
- drafting, assembly, regulation and the technical assistance of automatic systems of fire 
prevention within the economical unites; 
- certification and research of flammable and fire stimulation properties of substances, 
materials, articles of equipment and buildings  in accordance with the rules of the national 
certification system; 
- creation of a department service of fire br igades within enterpri ses of civil protection 
services formations (military, militarized, specialized, territorial, etc.); 
- fabrication of techniques of emergency intervention in case of fire, of technical equipment 
for fire putting out, of fire protection means,  of means and equipment for undertaking of 
operative works of salvation – de-blocking; 
- transportation of regent materials; 
- implementation of techniques of prevention and intervention in emergency situations; 
- drafting and serving the systems of prevention and intervention of emergency situations, 
of establishments of civil protection and of systems of vital insurance; 
- instruction and briefness in the field of civil protection. 
 
The State Commission for the Securities  Market with Security Papers : 
 
- professional activity with securities  security papers ; 
- activity of the Securities Security  Market; 
- activity of investments funds.  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 103 
 
 
 
The District Executive Committees and the Municipal Mayoralties: 
 
- activity in the field of trade by detail and public alimentation; 
- commercialization by detail with alcoholic production; 
- commercialization by detail with tobacco items; 
- passengers transportation in urban traffic, including taximeters; 
- exploitation of useful mineral resources of large extension. 
 
The National Agency for Surve y, Land Resources and Geodesy: 
 
- topogeodesic and cartographic works upon the technical prospects of different types of 
activities and technical complex prospects in constructions; 
- activities linked to the field of the general la nd survey, the elaboration of organizational 
projects of the territory and the ground evaluation; 
- undertaking of equipment and estima tion works of the immobile goods. 
 
The Coordinating Council of the Audiovisual: 
 
- radio emissions; 
- TV programmes. 
 
The National Agency for the Re gulation of Energy in Energetic : 
 
- production transportation, dispatch, distributi on and furnishing of electric energy in 
regulated and non-regulated tariffs; 
- production, distribution and furnishing of the thermal energy; 
- production, stocking, transpor tation, distribution and furnishing of natural gases of 
regulated and non-regulated tariffs. 
 WT/ACC/SPEC/MOL/4/Rev.5 
Page 104  
 
ANNEX III 
Tax Exemptions in 2000
 
104. 
(i)  Exemptions from payment of the income tax to the budget applied to: 
a) medical labour shops administrated by the psychiatric hospitals of the Ministry of 
Health in which disabled labour is used; 
b) Republican Experimental Center for Pr osthetic Appliances, Orthopedics, and 
Rehabilitation of the Ministry of Labour, Social Protection, and Family; 
c) enterprises of the Society of Blind People, Society of Deaf People, Society of 
Invalids; 
d) enterprises of penitentiary institutions;  
e) territorial cadastre authorities – with resp ect to the part of income calculated and 
aimed at establishment and operation of  the Guarantee Fund instituted by the 
National Cadastre Agency, Financial Resources and Geodesy, as well as with respect to the part calculated and aimed at accu mulation of funds to cover expenditures for 
the service and repayment of foreign loans granted to implement the First Cadatre 
Project; 
f) income resulting from interest on state secur ities issued in 2000 irrespective of the 
term of their redemption; 
 (ii)  income tax exemptions are also applied to: 
a) military men, members of the command body,  of the penitentiary system, troops of 
the internal affairs bodies and of the Fire and Rescue Service of the Department for 
Civil Protection and Emergencies - on incomes received from these jobs. Personal 
exemption cannot be transferred to spouses;  
b) individuals, on material assistance received from the reserves of the Government and 
local public administration authorities, and labour unions funds in conformity with 
provisions on such assistance; 
c) sportsmen and coaches, on financial aid provided by the International Olympic 
Committee as well as on bonuses received in  international sport competitions ; 
d) National Olympic Committee and national s ports federations – on financial assistance 
granted by the International Olympic Comm ittee, European Sports federations and 
other international sports organizations; 
e) “Apa-Canal-Chisinau”  - on income intended for and transferred to the special fund 
for interest payment and repayment of th e loan obtained from the European Bank for 
Reconstruction and Development.  
 
(iii)  from land tax: 
a) institutions funded from budgets of all levels, except for land plots used for business 
activity or leased; 
b) enterprises of the Society of Blind People, Society of Deaf People, and the Society of 
Invalids.   WT/ACC/SPEC/MOL/4/Rev.5 
 Page 105 
 
 
c) enterprises of penitentiary institutions; 
d)  the Republican Stadium and the Athletic Manege from Chisinau 
e) for land plots under dwellings, for land pl ots adjacent to dwellings, within the 
established limits when those land plots are owned by:  
- Individuals aged 61 for males and 56  for females, invalids of the I and II 
categories, infant invalids, other indi viduals unfit for work, invalids of III 
category (participants in military actions for the defense of territorial integrity 
and independence of the Republic of Moldova, participants in military 
actions in Afghanistan, participants in  liquidation of Chernobyl’s catastrophe 
aftermath). The above-mentioned categori es of individuals (except invalids of 
the I and II categories and infant invalids) are tax exempt on the condition 
that they do not reside with family members able for work. For the purpose of 
granting this tax privilege, the category “other individuals unfit for work” includes children up to 16 years of age in clusive, individuals on compulsory  
military service, pupils and students of educational institution (full time) with 
the duration of studies over one year; 
 
- Families and dependants of participants  deceased in the military actions for 
the defense of territorial integrity and independence of the Republic of Moldova; 
 
- Families and dependants of participants  deceased in the military actions in 
Afghanistan; 
 - Families and dependants of individuals who died as a consequence of 
diseases caused by their participation in the liquidation of Chernobyl’s 
catastrophe aftermath; 
 - Families with invalid children  under 18 years;  - Individuals that suffered from earth s lides. The respective decision is adopted 
by the local council.  
 
This year other legislative also remains in fo rce acts granting allowances and privileges on 
land tax to individuals. In cases where the i ndividual is subject to a number of fiscal 
privileges, he/she is granted only one  of them, the most beneficial.  
 
(iv)  from real estate tax: 
 
a) institutions financed from pub lic budgets of any level; 
b) organizations and enterprises of the Society of Blind People, Society of Deaf People 
and Society of Invalids; 
c) the Experimental Republican Center for Pr osthesis, Orthopedics and Rehabilitation of 
the Ministry of Labor, Social Protection and Family 
d) enterprises of the penitentiary institutions; 
e) civil protection entities; 
f) diplomatic missions for real estate put at their disposal on a reciprocal basis, with no 
rental payment; 
g) religious organizations for real estate designated for religious services; 
h) within the limit of real estate value of up to lei 30 thousand for permanent dwellings 
inhabited by: WT/ACC/SPEC/MOL/4/Rev.5 
Page 106  
 
 
- Individuals aged 61 for males and 56  for females, invalids of the I and II 
categories, infant invalids, other indi viduals unfit for work, invalids of III 
category (participants in military actions for the defense of territorial integrity 
and independence of the Republic of Moldova, participants in military 
actions in Afghanistan, participants in  liquidation of Chernobyl’s catastrophe 
aftermath). The above-mentioned categori es of individuals (except invalids of 
the I and II categories and infant invalids) are tax exempt on the condition that they do not reside with family members able for work. For the purpose of 
granting this tax privilege, the category “other individuals unfit for work” 
includes children up to 16 years of age in clusive, individuals on compulsory  
military service, pupils and students of educational institution (full time) with 
the duration of studies over one year; 
 
- Families and dependants of participants  deceased in the military actions for 
the defense of territorial integrity and independence of the Republic of 
Moldova; 
 - Families and dependants of participants  deceased in the military actions in 
Afghanistan; 
 
- Families and dependants of individuals who died as a consequence of 
diseases caused by their participation in the liquidation of Chernobyl’s catastrophe aftermath; 
 - Families with invalid children under 18 years; 
 
- Individuals that suffered from earth s lides. The respective decision is adopted 
by the local council. 
 
In case the above-mentioned categories have at thei r disposal real estate, the value of which 
exceeds Lei 30 thousand, the real estate tax should be imposed on the difference between the 
real estate value and Lei 30 thousand.  
(v)  from water fees: 
 
a) underground water extracted concomitantly with ore or extracted for preventing its 
damaging effects; 
b) water used for anti-fire purposes; 
c) water used by the enterprises of the Society of Blind People, Society of Deaf People 
and Society of Invalids; 
d) water collected by the population from surface and underground sources (springs) for 
drinking water and household needs; 
 
(vi) from value added tax, customs duty and fee for customs procedures – goods and services 
imported or purchased on the territory of the Republic of Moldova on account of loans and 
grants offered to the Government of the Republic of Moldova or offered under state guarantee, on account of loans granted by intern ational financial organizations (including on 
account of the share of the Government of th e Republic of Moldova) designated for fulfilment 
of respective projects, according to th e list approved by the Government; 
 (vii) from value added tax and customs duty – import and sale on the domestic market of vehicles 
(cars); 
  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 107 
 
 
(viii) from value added tax and customs duty – import and sale on the domestic market of  filter 
cigarettes. After six months after publication of  this law, the value added tax on the above-
mention products should be imposed according to general principles; 
 (ix) from value added tax and customs duty –impor t and sale on the domestic market of potato 
seeds of first reproduction; 
 (x) till 1 of July 2000, from value added tax and cu stoms duties for equipment and other goods 
imported for production purposes by the “Redeco” Ltd, USA Company for exploration of natural resources according to the terms of the concession Agreement on prospecting and 
exploration of oil and gas resources; 
 (xi) from value added tax and customs duties for import of equipment and supplies received as 
donation from the International Olympic Committee for training of the national team for participation at the Olympic Games in Sydney – the National Olympic Committee; 
 
(xii) from customs duties for import of goods included in the statutory capital, received as donation 
from the Council of Europe – the Information and Documentation Center of the Council of 
Europe in the Republic of Moldova; 
 (xiii) from value added tax on produced goods and provided services, as well as from fee for use of 
mineral resources – enterprises of penitentiary institutions; 
 (xiv) from transfer to the budget of the income tax, value added tax and fee for extraction of inert 
construction materials – the joint stock company “Chisinau Mine”, on condition that it utilizes these amounts for prevention measures against flooding of mining excavations; 
 
(xv) from transfer to the budget of value added ta x, calculated on delivered goods and provided 
services – organizations and enterprises of the Society of Blind People, Society of Deaf People and Society of Invalids; 
 (xvi) from transfer to the budget of up to 50% of the calculated value added tax amount – economic 
agents carrying out the restructuring process through the Council of Creditors, on condition of 
further utilization of the respective amount fo r covering additional e xpenditures related to 
restructuring and fulfilment of measures envisaged in the memorandum-agreement; 
(xvii)  from transfer to the budget of value added tax – proceeds from sale of capital assets and other 
material goods of economic agents, on which the economic court has initiated a bankruptcy 
case (liquidation procedure) according to the Law N 786-XIII as of March 26, 1996, “On 
bankruptcy”, on condition that respective funds be used for covering debt to creditors; 
 (xviii)  from transfer to budget of taxes and fees (excep t for income tax, customs duties, fee for 
customs procedures, value added tax and ex cises on import) -–enterprises of the State 
Forestry Service, on condition that respective f unds be used for regene ration and protection of 
forests. The results of these transactions shoul d be reflected in the report on cash execution of 
the state budget, based on the monthly reports submitted by the State Forestry Service;  
 (xix) from payment of the fee for registration of state securities to the National Committee for 
Movable Assets – the Ministry of Finance. WT/ACC/SPEC/MOL/4/Rev.5 
Page 108  
 
APPENDIX I
 
 
ACCESSION OF MOLDOVA 
 
Draft Decision  
 
Decision of [date of decision] 
 
 The General Council, 
 Having regard to paragraph 2 of Article XII and pa ragraph 1 of Article IX of the 
Marrakesh Agreement Establishing the World Trade Organization (the “WTO Agreement”), 
and the Decision-Making Procedures under Arti cles IX and XII of the WTO Agreement agreed 
by the General Council (WT/L/93); 
 Conducting  the functions of the Ministerial Conference in the interval between meetings 
pursuant to paragraph 2 of Article IV of the WTO Agreement; 
 Noting  the results of the negotiations directed toward the establishment of the terms of 
accession of Moldova to the WTO Agreement and h aving prepared a Protocol for the Accession 
of Moldova (WT/ACC/MOL/…). 
 Decides  as follows: 
1. Moldova may accede to the WTO Agreement on  the terms and conditions set out in the 
Protocol annexed to this decision. 
 Having regard  to the results of the negotiations di rected towards the establishment of the 
terms of accession of the Republ ic of Moldova to the Marrakesh Agreement Establishing the World 
Trade Organization and having prepared a Protocol for the Accession of Moldova,  
 Decides , in accordance with Article  XII of the Marrakesh Agreement Establishing the World 
Trade Organization th at the Republic of Moldova may acce de to the Marrakesh Agreement 
Establishing the World Trade Organization on the terms set out in the said Protocol.  
  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 109 
 
 
Draft  
 
PROTOCOL OF ACCESSION OF MOLDOVA 
TO THE MARRAKESH AGREEMENT ESTABLISHING THE 
WORLD TRADE ORGANIZATION  
 
 The World Trade Organization (hereinafter referred to as the "WTO"), pursuant to the 
approval of the General Council of the WTO accord ed under Article XII of the Marrakesh Agreement 
Establishing the World Trade Organization (hereina fter referred to as "WTO Agreement"), and the 
Republic of Moldova (hereinaft er referred to as "Moldova"),  
Taking note  of the Report of the Working Party on the Accession of Moldova to the WTO in 
document WT/ACC/MOL/.... (hereinafter referred to as the "Working Party Report"), 
 Having regard  to the results of the negotiations on the accession of Moldova to the WTO, 
Agree  as follows: 
 
Part I - General  
1. Upon entry into force of this Protocol, Mo ldova accedes to the WTO Agreement pursuant to 
Article XII of that Agreement and thereby becomes a Member of the WTO. 
2. The WTO Agreement to which Moldova accedes shall be the WTO Agreement as rectified, 
amended or otherwise modified by such legal inst ruments as may have entered into force before the 
date of entry into force of this Protocol. This Protocol, which shall include the commitments referred 
to in paragraph 236 of the Working Party Report, shall be an integral part of the WTO Agreement. 
3. Except as otherwise provided for in the paragraphs referred to in paragraph 236 of the 
Working Party Report, those obligations in the Multilateral Trade Agreemen ts annexed to the WTO 
Agreement that are to be implemented over a period of  time starting with the entry into force of that 
Agreement shall be implemented by Moldova as if it had accepted that Agreement on the date of its 
entry into force. 
4. Moldova may maintain a measure inconsistent with paragraph 1 of Article II of the GATS 
provided that such a measure is recorded in the list of Article II Exemptions annexed to this Protocol 
and meets the conditions of the Annex to the GATS on Article II Exemptions. 
 WT/ACC/SPEC/MOL/4/Rev.5 
Page 110  
 
Part II - Schedules
 
5. The Schedules annexed to this Protocol sh all become the schedule of Concessions and 
Commitments annexed to the General Agreement on Tariffs and Trade 1994 (hereinafter referred to 
as the "GATT 1994") and the Schedule of Specific Commitments annexed to the General Agreement 
on Trade in Services (hereinafter referred to as "GATS") relating to Moldova. The staging of 
concessions and commitments listed in the Schedu les shall be implemented as specified in the 
relevant parts of the respective Schedules. 
6. For the purpose of the reference in paragraph 6( a) of Article II of the GATT 1994 to the date 
of that Agreement, the applicable date in resp ect of the Schedules of Concessions and Commitments 
annexed to this Protocol shall be the date  of entry into force of this Protocol. 
 
Part III - Final Provisions  
7.  This Protocol shall be open for acceptance, by signature or otherwise, by Moldova 
until [ 1 June 2001 ]. 
8. This Protocol shall enter into force on the th irtieth day following the day of its acceptance. 
9. This Protocol shall be deposited with the Dir ector-General of the WTO. The Director-General 
of the WTO shall promptly furnish a certified copy of this Protocol and a notification of acceptance 
thereto pursuant to paragraph 7 to each member of the WTO and Moldova. 
10. This Protocol shall be registered in accord ance with the provisions of Article 102 of the 
Charter of the United Nations. 
 Done at Geneva this ... day of .... two thousand,  in a single copy in the English, French and 
Spanish languages each text being authentic, except th at a Schedule annexed hereto may specify that 
it is authentic in only one or more of these languages. 
  WT/ACC/SPEC/MOL/4/Rev.5 
 Page 111 
 
 
ANNEX 
SCHEDULE –  THE REPUBLIC OF MOLDOVA 
 
Part I - Goods 
[to be co mpleted]  
Circulated in document WT/ACC/SPEC/MOL/4/Rev.5/Add.1. 
 
Part II - Services 
[to be completed]  
Circulated in document WT/ACC/SPEC/MOL/4/Rev.5/Add.2. 
 
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