RESTRICTED  WORLD TRADE  
ORGANIZATION  WT/ACC/SPEC/MOL/4 
14 July 1999 
 (99-2906) 
Working Party on the 
Accession of Moldova  
 
 
DRAFT REPORT OF THE WORKING PARTY  
ON THE ACCESSION OF MOLDOVA 
 
I. INTRODUCTION  
1.  The Government of the Republic of Moldova  applied for accession to the General Agreement 
on Tariffs and Trade (GATT 1947) on 25 November 1993.  On 21 December 1995, the Government 
of the Republic of Moldova applied for accession unde r Article XII of the Agreement Establishing the 
World Trade Organization.  Having regard to th e decision adopted by the General Council of the 
World Trade Organization (WTO) on 31 January 199 5, the existing Working Party on the Accession 
to the GATT 1947 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.2. 
2.  The Working Party met on 17 June 1997, 18 March 1998, 16 April 1999, and [   ] 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 and Add.1 and 2;  WT/ACC/MOL/4 and Add.1 and Corr.1;  WT/ACC/MOL/8 and Add.1;  WT/ACC/MOL/9 and WT/ACC/MOL/11 and other information 
provided by the Moldovan authorities  (WT/ACC/MOL/5 and Corr.1 a nd Corr.2, WT/ACC/MOL/6, 
WT/ACC/MOL/7 and Corr.1 and Corr.2, and WT/A CC/MOL/10, and 12-24). The Government of 
Moldova made available to the Work ing Party the following documents: 
Laws and Resolutions 
- Law  "On the Customs Code" - No. 1321 - XII, 9.03.1993 
- Law  "On Amendments to the Customs Code "- No. 44 - XIII 12.04.1994 
- Law "On Improving the Mechanism of Regulation of Foreign Economic Relations" - No. 371 
6.06.1995. 
- Law "On Sanitary and Epidemiological Pr otection of the Population" - No.1513 -XII 
16.06.1993 WT/ACC/SPEC/MOL/4 
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 - Law "On Foreign Investments" - No. 998 - XII 1.04.1992 
- Law "On Amendments to the Law on Foreign Inve stments" - No. 197 - XIII 27.07.1994, No. 92 
XIII 11.05.1994, No. 321 - XII 16.03. 1994 
- Law "On the Government of the Republic of Moldova" No. 64-XII 31.05. 1990 
- Law "On Export and Import Re glementation of Goods and Se rvices" No. 188-XII 26.07.1990; 
- Law "On Banks and Banking Activity" No . 601-XII 12.06.1991 (with amendments); 
- Law "On the National Bank of Moldova" No. 599-XII 11.06.1991 (with amendments); 
- Law "On Foreign Economic Activity"; 
- Law "On Foreign Investment" No. 998-XII    01.04.1992 with the following amendments: 
- Law "On Entrepreneurship and Enterprises" - No. 845 - XII 3.01.1992 
- Law "On Cooperation" - No. 864-XII, 16.01.1992 
- Law "On Enterprises and Entrepreneur ial Activity" No. 845-XII 03.01.1992 (with 
amendments); 
- Law "On Insurance" No. 1508-XII 15.06.1993 (with amendments); 
- Law "Provisions with Regard to  Sanitary-Epidemiological Security of the Population of the 
- Republic of Moldova"; No.1513-XII , 16. 06. 1993; 
- Law  "On  Consumers Rights Security"; No. 1453, 25. 05. 1993 
- Law  No.  92-XIII 11.05. 1994 
- Law  No.  321-XIII 13.12. 1994 
- Law  No.  197-XIII 27.07. 1994 
- Law "On Monopoly Activities Limitation and Deve lopment of Competition" No. 1 13.05.1994; 
- Law "On Copyright and Neighbouring Rights" No. 293-XII, 23. 11.1994" 
- Law "On Amendments to the Legisla tive Acts" No. 51-XIII, 14.04.1994  
- Law "On Legal Status of Fore igners and Persons without C itizenship in the Republic, of 
Moldova" No.276-XIII 10.11. 1994; 
- Law "On Administrative Infringements" No. 51-XII, 14. 04.1994, art.  III. 
- Law "On Entry and Stay in the Republic of Moldova of Foreigners  and Persons without 
Citizenship" 
- Law "On Excise tax" - No. 347 27.12.1994 
- Law "On VAT " - No. 96 - 09. 12.1995 
-
 Law "On Commercial secret" - No. 126 - 10.11.1995 
- Law "On Financial Institutions" No. 550-XIII 21.07.1995; 
- Law "On Audit" No. 729-XIII 15.02. 1996; 
- Law "On Banks and Banking activities - No. 601 - XII 12.06.1991 
- Law "On Rent"- No. 861 14.01.92 
- Law "On Employment"- No. 878 - XII 16.01.92 
- Law "On Accounting" - No. 321 25.05.1995 
- Law "On Cooperatives" 
- Law "On Financial Institutions" 
- Law "On Foreign Economic Activity" 
- Law "On Foreign Investment and "On Amendm ents to the Law on Foreign Investment" 
- Law "On the Government of the Republic" 
- Law "On Monopoly and Development of Competition" 
- Law "On the National Bank" 
- Law "On Protection of Consumers' Rights" 
- Law "On Value Added Tax" 
- Law on Trademarks and Appellations of Or igin No. 588-XIII of 22 September 1995; 
- Law on Copyright and Neighbouring Right s No. 293-XIII of 23 November 1994; 
- Law on Patents for Inventions No. 461/1995; 
- Law on Standardization and Decision on the Orga nization of Standardiz ation and Metrology 
Activities; 
- Law on Audio-visual Services; 
- Law on Plant Variety Protection;  WT/ACC/SPEC/MOL/4 
 Page 3 
 
 
 - Law on the Protection of Industrial Designs; 
- Law on Securities; 
- Law No. 171-XIII of 6 July 1994 On Commercial Secrets; 
- Law No. 347-XIII of 27 De cember 1994 On Excises; 
- Law On Bases of Tax System; 
- Law On Profit Tax of the Enterprises; 
- Law No. 344-XIII of 23 December  1994 On the Legal Status of Gagauzia (Gagauz-Yeri); 
- Law No. 720-XIII of 2 February 1996 On the Road Fund; 
- Law on Customs Tariff; 
- Law on Governmental Procurement; 
- Law on Budget 1998; 
- Law on Vineyard and Vine No. 131, 02.07.94; 
- Law on Veterinary Activity No. 1539-XII (23.06.93); 
- Law on Privatization Programme for 1997- 1998 No. 1217, 25.06.97, (amended by 
No.1566/26.02.98; No.187/06.11.98; No.237/23.12.98; No. 239/23.12.98; No. 253/24.12.98; 
- Law on Phytosanitary Quarantine No. 506-XIII 22.06.95; 
- Law on Government Procurement No. 1166-XII, 30.05.97;  and  
- Law on Free Enterprise Zone "Expo-Business-Ch isinau" No. 625-XIII. 03.11.95, amended by 
1517-XIII/18.02.98. 
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; 
Decisions and Instructions and other legislative acts 
- Decision of the Government of the Republic of Moldova "On preventing the important illicit 
marketing of chemical and biologica l products intended to be used in agriculture and forestry on 
the territory of the Republic of Moldova" -   No.740 of 2 November 1995; 
- Penal Code Art. 141 "Violation of copyright",  Art. 512 "Violation of property right on 
intellectual property"; 
- Decision No. 659 of 15 September 1994 "O n Issue and Turnover of Bills"; 
- Decision No. 719 of 23 September 1994 "On Ministry of Telecommunications and 
Informatics"; 
- Decision No. 713 of 23 October 1995 "On the copy right owner's remuneration for the use of 
copyright and neighbouring rights"; 
- Decision No. 494 of 17 July 1995 "On the establis hment of a provisional National Register of 
Computer Software"; 
- Decision No. 524 of 24 July 1995 "On the admini stration on a collective basis of patrimonial 
rights of  holders of neighbouring rights"; 
- Decision No. 1318-XII of 2 March 1995 "On th e accession to the World Convention on 
Copyright" (6 Sep. 1952); 
- Decision No. 510-XII of 22 June 1995 "On the acc ession to the Convention for the Protection of  
Performers, Producers of Phonograms and Broadcasting Companies" (Rome 1961); 
- Decision No. 511-XII of 22 June 1995 "On the accession to the Berne Convention for the 
Protection of Literary and Arti stic Works" (Paris Act 1971); 
- Statute of the State Agency on Indus trial Property Protection of Moldova; 
- 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 Applica tions for the Registration of Utility Models; WT/ACC/SPEC/MOL/4 
Page 4  
 
 - Instructions on Compiling and Filing of Applica tions for the Registration of Trademarks and 
Service Marks; 
- Instructions on Compiling and Filing of Applica tions for the Registration of Applications of 
Origin of Goods; 
- Instructions for the Application of the Provisiona l Statute for Industrial Property Protection in 
Moldova Concerning Inventions on which the Patent on the Responsibility of the Applicator is  
Requested and Instruction for the Application of the Provisional Statute for Industrial Property 
Protection in Moldova Concerning Industrial Designs; 
- Instructive-methodical indications  with regard to State sanita ry control of imported food 
products and raw materials, No.3177-84;  
- Medico-biological requirements a nd sanitary rates with regard to imported food products and 
raw materials,  No. 5061-89; 
- Tax Code; 
- Extracts of the 1997 Draft Budget Law; 
- List of Goods Subject to Excise  Taxes and Their Rates in 1996; 
- List of Goods For Which Certifica tion is Mandatory Upon Importation; 
- Conception of the Tax Reform; 
- Resolution No. 99 on Customs Valuation; 
- Decision No. 658 on the Mechanis m of Public Procurement; 
- Regulation on the Issue of Lice nces for Insurance Services; 
- List of Companies Registered in the State Register as Major Domestic Producers; 
- List of Products for which Certific ation is Permitted on the Basis of Manufacturer's Declaration; 
- Annex 5 to the Law No. 390-XIII On the St ate Privatization Programme for 1995-1996 of 
15 March 1995; 
- List of Companies Registered in the State Register as Major Domestic Producers; 
- List of Goods and Servi ces Exempted from VAT; 
- List of Goods Subject to Excise  Taxes and Their Rates in 1997; 
- Import Customs Tariff of the Republic of Moldova; 
- Annex 10 to the Law On State Budget for 1997;   
- List of Internal and External State Guarantees; 
- Government Resolution No. 371 of 6 June 1995 On Improving the Mechanism of Regulating 
External Economic Relations; 
- Government Resolution No. 340 of 2 June 1993 On the Approval of General Provisions On the 
Structure of Expenses On Production and Realiza tion of Goods (Works, Se rvices), Included in 
its Cost Price and On Order of Forming the 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); 
- Trade Agreement Between the Government of th e Republic of Moldova and the Government of 
the Islamic Republic of Iran; 
- Interim Agreement On Trade and Trade-Relate d Matters Between the European Community, 
the European Coal and Steel Community and th e European Atomic Energy Community, of the 
one part, and the Republic of Moldova, of the other part; 
- Agreement Between the Europe an Economic Community and the Republic of Moldova On 
Trade in Textile Products, initia lled at Brussels on 14 May 1993; 
- Governmental Decision No. 777 of 13 A ugust 1997 with subsequent amendments; 
- Government Decision No. 859 of 13 August 1998;  
- Government Decree No. 1154, 15/12/97 concerni ng the Optimization of Control Services 
Activity at State Customs, amended by No.168/16.02.98; No. 112/02.02.99; 
- Government Decision No. 760, 10.11.95 on Pro duction of Wine and Other Wine Products 
with Appellation of Origin; 
- Government Decision on Veterinary Statute of the Republic of Moldova, No. 378, 22.06.98; 
- Government Decision on the Establishment of a Provisional National Register of Computer 
Software  No. 494 17.07.95;  WT/ACC/SPEC/MOL/4 
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 - Government Decision on the Copyright Owner’s Remuneration for the Use of Copyright and 
Neighbouring Rights, No. 713, 23.10.95; 
- Government Decision on the Administration on a Collective Basis of Patrimonial Rights of 
Holders of Neighbouring Rights  No. 524, 24.07.95; 
- Government Decision on Regulation of Certain Types of Activity (Licensing)  No. 859, 
13.08.98 Amended by Government Decision No. 75, 02.02.99; 
- Government Decision on Improving the Mechan ism of Regulating Foreign Trade (Import 
Licensing)  No. 777, 13.08.98 amended by the Government Decision No. 76, 22.01.98 and Government Decision No. 716/30.06.98; 
- Government Decision on Establishment of St ate Services of Phytosanitary Quarantine, 
No. 697/10.10.95, amended by No. 641/25.11.96; No. 515/05.06.97; No. 505/15.05.98; 
- Provisional Statute on Industrial Property Protection in the Republic of Moldova; 
- Rules on the Protection of the Republic of Moldova Territory Against the Entry or 
Introduction from Other Countries of Quarantined Pests, Pathogenic Agents of Plant Diseases 
and Weeds. 
- List of all types of activity needing license authorization; and 
- List of enterprises in which the State still owns over 25 per cent. 
Draft laws and regulations 
- Draft Law on Foreign Trade Activity; 
- Draft Law on the Customs Tariff; 
- Draft Government Decision On Improving the Mechanism of External Economic Relations;  
- Draft Law on Govern ment Procurement; 
- Draft Law on Budget 1999; 
- Draft Law on Certification;  
- Draft Law on Anti-dumping, Countervailing Duties and Safeguard Measures; 
- Draft Law on Licensing Certain Types of Activity; 
- Draft Amendment to the Law on Sta ndardization No. 590-XII/ 22.09.95; 
- Draft Amendments to the Law on Consum er Rights Protection No. 153, 25.05.93; 
- Draft Law on Technical Barriers to Trade; 
- Draft Amendments to the Law on the Protecti on of Industrial Designs No. 991, 15.10.96; 
- Draft Law on Utility Models; 
- Draft Government Decision on the special provisions regarding the border measures on 
Protection Industrial Property;  and 
- Draft Amendments to the Government Decision No. 697/10.10.95 on Supplement to the  
Statute of the State Services on  Phytosanitary Quarantine. 
Free Trade Agreements 
- 
Armenia; 
- Azerbaijan; 
- Belarus; 
- Kazakstan; 
- Kyrgyz Republic; 
- Romania; 
- Russian Federation; 
- Turkmenistan; 
- Ukraine; 
- Uzbekistan. 
- Agreement on the organizational basis of so cial-economical collaboration between the 
Republic of Moldova and Transnistria. 
- Import statistics on Trade with the European Union 1997 WT/ACC/SPEC/MOL/4 
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 - Introductory Statements  
4.  The representative of Moldova stated that Moldova had achieved considerable results in 
transforming a centrally-planned economy to a ma rket-based economy since it had declared 
independence in 1991. The strategic objective of the economic policy of Mol dova had been a transition 
to a market economy and the country's integrati on into the international economic community.  The 
Constitution of Moldova adopted by the Parliament in  July 1994 stated: "The economy of the country is 
market and society oriented, based on private and public  property and free compet ition".  Article I states 
that Moldova is a democratic State regulated by Law.  Article 9 ensures private property rights and Article 126 defines the general characteristics of the economy as socially oriented and based on private 
and public property rights and free mark et principles.  He  noted that Moldova continued to be a country 
in transition whose economy was undergoing a process of  structural adjustment in order to correct an 
excessive dependence on primary pr oduction. Initially inflation had been brought down to a monthly 
rate of 1. 1 per cent in April 1996 from 32 per ce nt in February 1993.  The budget deficit in 1995 had 
amounted to 4.9 per cent of GDP.  The exchange rate  of the Lei, introduced in 1993, was approximately 
4.5 Lei to the US dollar in May 1995. However, the last few months of 1998 were  characterised by an 
acute lack of funds in the banking sector followed  by the massive depreciation of the Moldovan Leu 
and a growing inflation. This situ ation was linked with the financial crisis in the region and current 
developments in the financial market. The value of the Moldovan Leu had dropped by more than 
33.7 per cent against the US dollar.  
5.  Members of the Working Party welcomed Moldova's application for accession to the WTO, 
noting that Moldova had been pursuing economic refo rm 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 POLICIES 
- Monetary and fiscal policies 
6.  In response to requests for information, th e representative of Moldova said that all the key 
sectors, namely agriculture, manufacturing industry  and construction had registered a decline of 
output in 1998 over a similar period in 1997. Private agriculture was becoming increasingly important 
in Moldova, so was farm restructuring. The inform ation for the first half of 1998 showed that the 
number of registered companies with foreign partic ipation had been rising quite fast. Figures for the  WT/ACC/SPEC/MOL/4 
 Page 7 
 
 
 first nine months of 1998 showed that the employment level had dropped 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 pe riod, 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 growing, from 51 per cent of  the GDP in 1993 to 77  per cent in 1997.  The 
share of imports from non-CIS countries had increased , particularly with regard to machinery and 
equipment. Trade with CIS countries had been s howing a reverse pattern. The trade deficit with 
non-CIS countries during 1998 had reached US$363.8 m illion.  In 1998, the total external debt had 
reached US$1.3 billion. The accumulated arrears on the government’s debt servicing had risen to US$68.4 million by the end of 1998.  He explaine d that the State budgetary expenditure had increased 
because payments were transferred from the budget of the Central Government to the budgets of local 
authorities and not as subsidies to enterprises. Lo cal authorities did not have the right to grant 
subsidies. The budgets of local authorities had also  increased because they gr adually took over social 
services which were formerly part of State-owned enterprises. 
7.  The representative of Moldova added that th e Government was no longer granting credits to 
economic agents.  However, the Government was pr oviding 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 amount in the Risk Fund  
set up by the Law on State Debt and State Guaran tees (No. 943-XIII of 18 July 1996, promulgated 
under No. 115-P of 12 November 1996).  Contributi ons to the Risk Fund were drawn from the Budget 
and from beneficiaries of State guarantees.  In 1997 MLD 75 million had been issued as internal 
guarantees and US$9 million as external ones. In 1998 the amount of MLD 100 million has 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 pr ivatization of the energy sect or, the contributions of 
the Budget to the Risk Fund would be phased out. The issuance of the State guarantees was not linked 
to export performance or impor t substitution requirements. 
8. The representative of Moldova noted that 1998 had been a very difficult year for Moldova.  
By the last quarter of 1998, the combination of weak  public finances, a problematic energy sector, and 
the fall of the Russian market produced an acute economic crisis in the country.  The crisis was 
characterized by capital flight, a depreciating exchange rate, international reserves that fell to critically low levels, rising expenditure arrears and budget financing coming only through central 
bank credit.  Real GDP fell by 8.6 per cent in 1998 and stood at MDL (Moldo van Leu) 8,804 million. 
Both industrial and agricultural output dropped in  1998.  At the same time, final consumption 
constituted more than 102 per cent of GDP, with th e trade deficit growing from 15.4 per cent of GDP WT/ACC/SPEC/MOL/4 
Page 8  
 
 in 1997 to 24 per cent last year.  1998 was the first year since independence when both export and 
import volumes registered a reduction, exports by 27 per cent and imports by 12 per cent as compared 
with 1997.  The pattern of trade had changed, with  exports to CIS countries in the second half of 1998 
only one half the levels recorded during the same pe riod of 1997.  The crisis in Russia had not only 
influenced output through the collapse of Moldova's  major export market, but also put pressure on the 
Leu causing the annual inflation rate for 1998 to stand at 18.2 per cent, ending the excellent anti-
inflation record of the previous years.  
9. Years of easy financing, especially foreign, and slow and incomplete structural reforms had 
resulted in excessive budget deficits and increased indebtedness of public sector.  The figures for the 
1998 budget proved unrealistic and calle d for considerable revisions. In the second half of 1998, the 
Government had to cut spending in order to ensu re the resumption of 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 per 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 highest debt-
service payments.  In December 1998 Moldova manage d to repay the principal of a Merill Lynch 
private placement by reducing its foreign currency reserves.  However, in 1999 Moldova had been 
due to repay considerable amounts for the Gazp rom debt to Russia (about US$44.5 million) and 
Eurobonds (US$7.45 million).  The debt payment to Gazprom was missed.   
10. In view of this difficult situation the G overnment and the Nationa l Bank of Moldova (NBM) 
was seeking to stabilize the economy and avoid an infl ationary spiral and further depreciation of the 
currency, continue restructuring and therefore resume growth, avoid a default on treasury bill 
redemption, renegotiate external debt  and external debt arrears, and create a stable and credible policy 
environment to restore confidence and growth.  Th e 1999 budget that was approved by the Parliament 
in December 1998 called for spending cuts in all ma jor areas.  It met the IMF’s fiscal austerity 
requirements, and opened the way for resuming IMF funding.  In January 1999 the IMF released a 
US$35 million from a three-year EFF.  However, this budget was built on the assumption of one per 
cent growth in real output in 1999, and an average overvalued exchange rate of MDL 7 : US$1.  Both 
assumptions may prove to have been overly optimis tic.  In mid-January 199 9 the National Bank of 
Moldova approved a monetary and credit policy for 1999.   The target of this policy was to reduce the 
inflation rate from 18.2 per cent to 13-15 per cent.  The programme envisages that by the end of 1999 
the money stock should be increased by 35 per cent and reach the level of MDL 2.29 billion,  WT/ACC/SPEC/MOL/4 
 Page 9 
 
 
 monetary base by 24 per cent to the level of MD L 1.23 billion, and the volume of lending that goes 
directly to the national economy by 18 per cent to th e level of MDL 2.1 billion.  In order to implement 
this it was planned to diminish the bank liquidity  ratio from 0.94 to 0.89 and to gradually reduce the 
obligatory reserves 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 banki ng system.  As a result of resumed IMF lending, 
international reserves had risen, and were expected  to rise again with disbursement of US$35 million 
from the World Bank.  The low levels of reserves would force the NBM to continue its non-
intervention policy, and its relative inability to protect the Leu against further pressure.  Since 
reaching its low point in December 1998, the Le u had succeeded in remaining relatively stable 
through January and February 1999.  Nevertheless in  March one could observe the cash exchange rate 
to decline much faster than the official rate, plungi ng to MDL 10.3 = US$1.  This made it evident that 
the Leu remained vulnerable to shocks, either due to debt crisis in Moldova or to further real 
depreciation in the currencies of its major trading partners.  
11. The representative of Moldova further noted th at external debts had reached US$1.35 billion 
or approximately 140 per cent of GDP.  Debt servicing difficulties were severe (in the first quarter of 
1999 Moldova had missed a principal payment to Gazp rom).  However, further external financing was 
essential, and Moldova was seeking alternative sour ces of financing.  The EU had made EUR 15 
million available.  The World Bank would provi de up to US$60 million, including US$35 million 
from a structural adjustment prog ramme suspended in 1997, and a further US$25 million through the 
International Development Association.  The Govern ment intended to use some of the privatization 
receipts from the sale of Moldtelecom etc. towards debt repayment.  Some commercial financing was 
also under discussion, including a syndicated loan towards the end of the year.  Non-payments for 
energy, waste of energy, low prices,  energy thefts and the chronic bu ild-up of debt to Gazprom could  
be partly resolved with an agreed debt-e quity swap between Gazprom and Moldovagas.  
- Foreign exchange and payments systems 
12.  In response to questions, the representative of  Moldova informed that the national currency - 
the Leu - was convertible. However, due to the growing demand for foreign exchange the National 
Bank of Moldova decided that the exchange rate woul d be calculated as a weighted average rate of all 
transactions in foreign currencies concluded by comm ercial banks. There were restrictions on foreign 
exchange and the transactions in foreign currenc y were subject to the National Bank's foreign 
exchange regulations. Enterprises in Moldova which r eceive foreign currency had to transfer it to their 
accounts with an authorised bank no later than 60 da ys from the date of the receipt of the money and 
no later than 150 days from the date of the cust oms declaration confirming the export of goods or WT/ACC/SPEC/MOL/4 
Page 10  
 
 delivery of services. Enterprises as legal entities were  allowed one account in foreign currency and an 
additional one in any of the non-convertible currenc ies.  If enterprises bought foreign exchange at the 
Interbank currency exchange and did not use it to car ry out payments abroad within 30 days from the 
date of purchase the sum would have to be offered fo r sale through the authorised bank.  Legal entities 
of any country could open accounts in Moldovan Lei without an authorisation by the National Bank 
of Moldova. 
13.  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 Funds' standards of 
current account convertibility and ha d received assistance from the IMF in  the area of monetary policy.  
A Memorandum on a programme of co-operati on with the IMF was signed on 3 April 1996. 
- Investment Regime  
14.  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 inve stment, Moldova had established a st able legal and institutional base, 
and introduced incentives and guaran tees for foreign investors.  He  stated that the general legal 
provisions concerning foreign investme nts were set forth in the Forei gn Investment Act of 1 April 1992, 
which offers tax and customs incentives precisely de fined.  From the date it commenced operations and 
submitted its first tax return, a company with fore ign investment enjoyed a 50 per cent reduction in 
income tax for a five year period on the condition that the foreign investment exceeded US$ 250,000 
and that over 50 per cent of the income of the ente rprise came from the sale  of its own production.  
15.  Some members of the Working Party requested information on the basic provisions regulating 
investment and any restrictions or registrati on measures affecting foreign investment.  The 
representative of Moldova confirmed that the former State m onopoly in foreign trade had been 
abolished. Except for the limitation that goods the im port or export of which was subject to licensing 
could only be imported or exported by firms, including individua l firms (Government Decision No. 371 
of 6 June 1995), there were no restrictions on th e right of foreign and do mestic individuals and 
enterprises to import and export goods and services incompatible with WTO Ag reements.  The relevant 
legal provisions were Article 9 of the Constitution which provided for free economic initiative and fair 
competition, and the Law on Fundame ntals of Foreign Economic Activity  in the Republic of Moldova 
No. 849-XII of 3 January 1992.  All industrial sectors were open to foreign investments provided that 
they did not conflict with national security, anti-trust legislation, and were consistent with the protection 
of the environment, public health and public morals. The criteria for registration of companies were set 
out in the Law on Enterprises and Entrepreneursh ip of 3 January 1992. There were additional  WT/ACC/SPEC/MOL/4 
 Page 11 
 
 
 requirements for certain type of business such as bank ing, insurance and joint stock companies set out 
in the respective laws published in the Monitorul Official, Journal of the Law of Foreign Investment.  
The fees for registering foreign-invested companies with the State Registration Chamber in the Ministry 
of Justice were the same as for the registration of domestic companies (A rticle 13, Law on Foreign 
Investment). 
16.  In response to additional questions the re presentative of Moldova said that establishment of 
companies with a foreign equity participation exceeding US$ 5 million had to be approved by the 
anti-trust 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 a nd the Development 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. 
17. Some members of the Working Party asked wh ether foreign investors were protected against 
expropriation or nationalization of their assets.  The representative of Moldova said that according to Article 39 of the Foreign Investment Law, in case of expropriation, nationaliza tion or other equivalent 
measures, compensation should correspond to the value of the investment. 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 intere st rate. Moreover, the Foreign I nvestment Law granted the foreign 
investor the right to challenge in court the lawfulness  of the expropriation, nationalization or equivalent 
measure and the amount of the compensation. 
18.  The representative of Moldova said that Arti cle 35 of the Law on Foreign Investment exempted 
all goods, capital and other, from customs duties if they were used as in-kind contribution to the 
formation or increase of the capital of an en terprise with foreign equity participation. 
- State ownership and privatization 
19.  The representative of Moldova said that privat isation of State property was a key component of 
economic reform as stipulated in the Privatisation Act adopted in 1991.  The Act gave Moldovans the 
right to acquire shares in former  State property.  They could use their National Patrimonial Bonds 
(NPBs), a voucher, to purchase shares  in all kinds of enterprises and to buy privatised homes. All 
Moldovan nationals were entitled to NPBs related to the length of th eir work history in the country.  
NPBs could not be traded for cash.  As a rule employees of an enterprise to be privatised may purchase up to 20 per cent of the enterprises' shares at par value. By October 1995 the whole population had 
received its NPBs. WT/ACC/SPEC/MOL/4 
Page 12  
 
 20.  Some members of the Working Party requested  details concerning the pace of privatization in 
Moldova, the percentage of GDP privatized, the pa rticipation of foreign investors, and progress 
achieved to date in the privatization of energy.  The representative of Moldova said that a new law on 
Privatization Programme 1997-1998 extended to al l sectors and branches of the economy, except for 
those which were not subject to privatization in co mpliance with the Law.  At present, in the economy 
of the Republic of Moldova the private sector repr esented 60 per cent of the industrial production, 70 
per cent of services provided by the retail trade and public services sector and 44 per cent of capital 
construction works and transport. 50.2 per cent of the total number of industrial enterprises were 
privatized, including 93 per cent of processing enterprises and 82 per cent of light industry enterprises, as well as 95 per cent of the State- owned trade and public services enterprises.  
Enterprises in the following industries were scheduled  for total privatization: textiles and garments, 
electronics, machine building, chemical and fu rniture manufacture, leather goods, foodstuff and 
package producing enterprises, as well as hotels.  Concerning restrictions on foreign investors participation in privatization,  the representative of Moldova stated that no specific conditions other than 
those for domestic investors were at tached to the participation of fore ign investors in the privatization 
programme.  Foreign natural and le gal persons were eligible to participate in the Privatization 
Programme. 
21.  The representative of Moldova stated that a sp ecial regime existed for agricultural enterprises. 
Only employees of the formerly State-owned agricultur al enterprises were eligib le to participate in the 
privatization of agricultural enterpri ses. Under the first stag e of agricultural reform  the size of household 
plots was raised up to 0.7 ha and the tenure changed from use right to ownership.  By 1 April 1996, 85 per cent of claimants ha d been issued with certificates for la nd ownership. The land not used for 
agricultural production and the built-up land could be tr aded freely and also be purchased by foreigners. 
For other categories of land, a new Law on th e Sale of Land was still in preparation. 
22.  Regarding privatization of energy, the represen tative of Moldova said that the restructuring of 
the energy sector had started. The Law on the Concep t of privatization of enterprises from the energy 
sector no. 63-XIV of 25 June 1998 envisaged that di stributing companies would be privatized first, 
followed by the generating companies. Currently the Ministry for Development of Territories, 
Construction and Public Services together with the Ministry of Economy and Reforms were carrying 
out the Concept of Privatization of the ther mo-energy sector. The initial stage foresaw the 
restructuring of the enterprises in this sector and their transformation into joint-stock companies. The 
reorganization of Moldenergo and the creation of a Moldovan-Russian joint venture on the basis of MoldovaGas were the major elements of the programme of reforms in this sector.    WT/ACC/SPEC/MOL/4 
 Page 13 
 
 
 23. In response to further questions, the repr esentative of Moldova provided the following table 
on the third stage of the privatization process.   
 WT/ACC/SPEC/MOL/4 
Page 14 
 
Information on the privatization process  
 
(Third stage of the process – privatization by cash) 
September 1997 – December 1998 
 
Information provided according to Moldova’s La w on Privatization Pr ogramme for 1997-1998 
 
 
Sector  
 
Steps Undertaken  
Industry  
Agriculture  
Construction Communication  
and Transport  
Culture  
Other  
 
Total 
Objects to be privatized 145 181 69 31 51 235 712 
Enterprises included in a list of objects to be privatized  128 109 63 24 47 181 552 
Enterprises, which are privatized according 
to individual projects, approved by Parliament.   3 18 0 7 0 2 30 
Unfinished objects to be privatized   14 54 6 0 4 52 130 
Objects included in the privatization 
programme: - Auctions 
-  Investment tenders  
 
112 
33  
 
138 
43  
 
60 
9  
 
29 
2  
 
48 
3  
 
232 
3  
 
619 
93 
Privatized objects: - auction 
- investment tenders 94 
86 
8 15 
12 
3 17 
15 
2 0 
0 0 8 
7 1 14 
13 
1 148 
133 
 15 
Incomes (MDL thousand) NA NA NA NA NA NA 24,639 
 
Object to be privatized:  Enterprises, plants, stor es, gas stations, shops, cafeterias and other objects. 
NA:  Not available by sectors.  WT/ACC/SPEC/MOL/4 
 Page 15 
 
 
 24. The representative of Moldova confirme d the readiness of Moldova to ensure the 
transparency of its ongoing privatization progra mme and to keep WTO Members informed of its 
progress in the reform of its transforming economic  and trade regime.  The representative of Moldova 
stated that his Government would provide annual reports to WTO Members on developments in its 
programme of privatization as long as the privatizati on programme was in existence.  He also stated 
that his Government would provide annual reports on other issues related to its economic reforms as 
relevant to its obligations unde r the WTO.  The Working Party took note of these commitments. 
- Pricing policy 
25.  The representative of Moldova stated that for social reasons the price of bread had been fixed 
so that the price charged could be no higher than 20 per cent of the delivery prices.  Until 1 January 
1998, the Government was setting prices for energy s upplied by State-owned utilities and housing in 
State-owned buildings.  The newly created National Energy Regulatory Agency had the right, 
according to the paragraph 6 of the Governmental  Decision Nr. 767 of 11 August 1997, to control 
how prices were established, the quality of services a nd compliance with other conditions stipulated in 
the license contract.  By the end of 1997, energy tariffs were raised to  cost-recovering levels. 
26. In response to further questions the representative of Moldova stated that in accordance with 
Governmental Decision No. 767 of 11 August 199 7 National Energy Regulatory Agency (NERA)  
was created, being considered as a main regulat ory body of the relations between energy market 
players. However this Agency is a non - governme ntal, independent regulatory body.  According to 
paragraph 6 of that decision,  NERA had the following functions: 
 
- issuance of licenses for activities related to pr oducing, transportation, dispatching services, 
distribution, supplying, import and export of energy;  
- regulation of tariffs for the energy products and services;  
- ensuring protection of energy consumers rights; 
- promotion of competition in the energy market. 
 
NERA did not have the right to establish new tariff s for gas, electricity and heating, as well as  
price control. Rather it has the right to establish a methodology for calculation of costs and tariffs of 
energy by electroenergetic enterprises. The methodology  was fixed for a five year period. The tariffs 
for production, transportation, distribution and marketing of energy had to cover the cost of 
production, as well as the necessary profit.  At the same time, the NERA limits the profit of electricity enterprises.  WT/ACC/SPEC/MOL/4 
Page 16  
 
 At the time Governmental Decision No. 415 of 10 May 1999 was adopted, it ensured cost 
recovery l with recalculation for the previous mont hs for the electricity, thermic energy and natural 
gas sectors (fixing the tariffs in MDL) but with th e dramatic depreciation of the Moldovan currency 
the tariffs established on the internal market for the energy products again fell below delivery costs.  
Nevertheless, a new draft Governmental Decision pr esented to the Government was expected to bring 
tariffs for the energy products to the cost-recovery level again, thus being c onsistent with the above 
mentioned methodology.  He further added that in  addition to Governmental Decision No. 767 of 11 
August 1997, Governmental Decision No.547 of  4 August 1998 "On State coordination and 
regulation of prices and tariffs" est ablished legal authority to apply state control over the prices for a 
number of items listed in table below. 
 
Table 1:   Nomenclature of goods and services for 
 
which fixed prices are settled by the Government and local authorities  
 
Description of goods and services Regulating public body  
Services supplied by cadastral territorial authorities  Government of the Republic of 
Moldova 
Rent of public network by “Radio-Moldova” Company Government of the Republic of 
Moldova 
Paid medical services Government of the Republic of 
Moldova 
Products and services of monopolies Ministry of Economy and Reforms 
Coal commercialized by Joint Stock Company “Tirex-petrol” Ministry of Economy and Reforms  
Passenger rail transport services    Ministry of Economy and Reforms 
Telecommunication, wire broa dcasting, telegraph, postal 
services supplied for population within the Moldova’s territory Ministry of Economy and Reforms 
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 energy     National Energy Regulatory Agency 
Notary services  Ministry of Justice & Ministry of 
Finance  
Aqueduct and sewerage services  Local public authorities 
 
Table 2. Nomenclature of goods and services for which there is a limited profitability established  
 
 Description of product HS code 
1. Milk and dairy products 0401-0405 
2. Cheese with fat up to 2 per cent 0406 
3. Flour of I and II quality to make bread 1101-1102 
4. Bread and bakery products 1905  WT/ACC/SPEC/MOL/4 
 Page 17 
 
 
  
At the same time, according to Governmental  Decision No. 547 of 4 August 1995 there were 
a number of goods (table 3), which for social reasons shall be sold with a margin of profit that may 
not exceed 20 per cent of the wholesale price (e xcept for pharmaceutical products for which the 
margin may not exceed 40 per cent).  
Table 3  
 
 Description of product HS code 
5. Canned meat foodstuff 1602 
6. Fruits and vegetables for children 0702, 0704-0709 
7. Vegetables oil  1507-1515 
8. Butter and dairy products 0405 
9. Cheese 0406 
10. Sugar 1701 
11. Flour 1101-1102 
12. Bread and bakery products 1905 
13. Footwear for children Part of 64 
14. Notebooks for children 482020 
15. Household soap 340219 
16. Detergents 3402 
17. Toys 9501 
18. Pharmaceutical products (approve d by the Ministry of Health) 30 
 
27. The representative of Moldova confirmed that  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 take account of the interests of exporting WTO Members as provided for in Article III. 9 of the GATT 1994. Moldova would pub lish any list of goods and services subject to 
State pricing or price controls in the Official Jour nal, including any changes in existing measures. The 
Working Party took note of these commitments. 
- Competition Policy 
28.  The representative of Moldova stated that the legal framework for anti-m onopoly regulation 
was the Law "On Monopoly Activi ties Limitation and the Development of Competition" of 
13 May 1994.  This Law established the fundamental pr inciples for regulating th e activity of enterprises 
having a de facto  monopoly and for supporting the development of competition.  
29.  The representative of Moldova added that as part of the implementation of the Law, a package 
of prudential requirements approved on 5 Octo ber 1993 (Government Resolution No 619) included 
provisional regulations applying to holding companies.  A State Register was maintained of companies, 
which were major producers of a product in the domestic market without holding a dominant market WT/ACC/SPEC/MOL/4 
Page 18  
 
 position. The list was established for taxation purposes  as the Government considered that because of 
their "de facto" monopolistic pos ition on the domestic market they should pay an extra tax.  
Progressively, with the restructuring of the ec onomy the position of these producers was being 
challenged by new producers and by imports. 
30.  Some members of the Working Party asked for information on the manner in which Moldova’s 
Law "On Monopoly Activities Limitation and the Development of Co mpetition" dealt w ith vertical and 
horizontal restraint arrangements, a nd the recourse foreign firms had if opportunities were impaired by 
such arrangements. In response, th e representative of Moldova stated  that vertical and horizontal 
restraint arrangements were forbidden by the Moldovan Law "On Monopoly Activities Limitation and 
the Development of Competition" if one of the part ies had a dominant market  position, i.e. a market 
share of  35 per cent or more;  a nd if the arrangement led or could lead to restricting competition.  
Article 4(1) banned horizontal arra ngements; Article 4 (2) banned ve rtical arrangements. The decision 
whether or not specific arrangements violated the Law was taken by the Committee on Economic 
Reform (CER). Proceedings coul d be initiated by businesses, re gulatory authorities, consumers 
associations, trade unions or the CER on its own initia tive. Foreign firms, like domestic firms, had the 
right to file complaints at the Public Prosecut or's Office. He further added that competition was 
monitored by a unit in the Ministry of Economy to which foreign firms had access. Exclusive 
dealerships were allowed by Moldovan Law if they did not contravene the provisions of Article 4(2).  
Existing exclusive dealerships did not need to be regi stered 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 
31.  The representative of Moldova stated that, in pursuance of the Constitution, the powers of the 
State were divided among the executive, legislative a nd judicial branches, with the President being the 
Head of the State. After a parliamentary vote of confidence, the President appointed the Government 
and designated the Prime Minister in consultation w ith the parliamentary majority. The President had 
the right to dissolve Parliament in  the case of inability to form the Government or when the passing of 
new legislation had been deadlocked for three consecutive months. Executive powers were exercised 
by the Government that consisted of the Prime Mi nister, the First Deputy Prime Minister, the other 
Deputy Prime Ministers, Ministers, and Directors-General who headed Departments, as well as other  WT/ACC/SPEC/MOL/4 
 Page 19 
 
 
 members.  The role of the Government was to ca rry out the domestic and foreign policy of the State 
and to exercise general control over the public admini stration.  The legislative power was vested in 
the Parliament which consisted of 101 deputies elected  for a  four-year term.  The Parliament enacted 
laws, ratified international treaties and checked th e Executive which was accountable to Parliament. 
The Judiciary was independent of the Executive and th e Legislature.  Justice was administered by the 
Supreme Court of Justice, the Court of Appeal , Tribunals (High Courts ) and Courts of Law 
(Magistrates and County Courts).  Except for the Supreme Court, judges were appointed by the 
President on the basis of a proposition from a speci al commission.  The members of the Supreme 
Court were appointed by Parliament. 
32.  The representative of Moldova said that 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 pr epared, implemented and co-ordinated foreign economic policy and 
international co-operation. Respons ibility for economic policy as a whole rested with the Ministry of 
Economy and included the implementation of the ec onomic reforms undertaken in the framework of 
the transition to a market economy. The Ministry of Agriculture, the Ministry of Health and a 
technical assistance and humanitarian aid performed specific functions connected to licensing. The 
Department of Customs implemented the Governme nt's customs policy and ensured that customs 
legislation was observed.  Parliament was the only competent body to set tariffs and taxes on imports 
in the annual Budget Law.  Government Decision No. 777 of 13 August 1997 on Improving the 
Mechanisms of Regulating Foreign Trade had come into effect on 4 September 1997.  Its purpose was 
to bring Moldova's foreign trade law into line with WTO requirements. 
33.  The representative of the Moldova said that the National Bank defined the national monetary 
policy and was responsible for the stability of th e currency, regulated the money supply, set the 
exchange rate policy and supervised the activities of commercial banks and other credit institutions.  
The National Bank issued licences for the estab lishment of commercial ba nks, and organized and 
monitored prudential requirements.  The Nationa l Bank was independent of the Government and 
reported directly to Parliament. The Ministry of  Finance formulated financial and fiscal policy 
including aspects relating to trade and supervised the implementation of the fiscal regime in 
commercial activities.  The Department of Standard s, Metrology and Technical Supervision ensured 
that the requirements of standardisation and certification 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 
Copyright. WT/ACC/SPEC/MOL/4 
Page 20  
 
 34.  The representative of Moldova said that the La w "On Reorganization of the judicial system",  
enacted in May 1996, provided for Supreme Court of Justice, Economic Courts,  Military Courts, 
Courts of Appeal,  five tribunals (High Courts) ea ch covering one of five regions, to be set up. The 
Law on Economic Courts, enacted on 14 July 1996 stipul ated the authority over disputes connected to 
the economic relations among natura l and legal persons. The Economic  Courts had been established 
by the Parliament and judges were appointed by the President of the Republic of Moldova based on 
proposition form the Supreme Council of Magistrate.  The Law on Ec onomic Courts had established 
the following system: Economic courts of district s, Economic Court of the Republic of Moldova, and 
the Supreme Court for economic disputes.  All di sputes relating to the subject-matter of the WTO 
Agreements involving legal persons  were required to be heard by the economic courts, whereas all 
disputes involving natural persons were required to be heard by th e ordinary courts. Within the 
structure of Economic Court of the Republic of Moldova there are Appeal and Causation Board.   
35. In response to further questions the representa tive of Moldova stated that any administrative 
decisions on issues covered by the WTO could be app ealed.  An appeal in the first instance could be 
taken within the responsible governmental institu tion according to the Law on Petitioning No. 190 - 
XIII of 19 July 1994 with amendments introduced by  the Law No. 18 - XIII of 14 May 1998.  Article 
2 of the Law on Petitioning permitted foreigners to address complaints to the respective governmental 
institutions or tribunals when their legitimate rights were affected.  Articles 8 and 9 stipulated that the 
timeframe for examination of petiti ons was between one week to one month.  In special cases the 
examination could take a maximum of two months.  
36. The representative of Moldova also noted that  appeals could be made to an independent 
tribunal.  When both parties at the trial were le gal persons the issue was examined by the economic 
courts.  There are two economic courts in Mol dova. One has the 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 judici al 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 co nsist 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 their 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 Ju stice is also based in  Chisinau.  
37. In response to questions concerning the ra tification of the WTO Agreement and Moldova's 
Protocol of Accession thereto, the representative of  Albania stated that after ratification by the  WT/ACC/SPEC/MOL/4 
 Page 21 
 
 
 Moldovan Parliament and following entry into force of the Protocol, the provisions of the WTO 
Agreement and Protocol would overrule any domestic  laws that were in conflict with them.    
38.  In response to requests for information on th e status of draft and implementing legislation 
concerning the various WTO Agreements, the repre sentative of Moldova presented a detailed table 
entitled Analytic Note Listing Moldovan Legislation, Decrees, Decisions and Regulations Relevant to 
the WTO Legal Texts:  Status of Draft Le gislation and Draft Am endments in document 
WT/ACC/MOL/22.   
- Authority of sub-central governments 
39.  The representative of Moldova stated th at 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 entity with authority to se ttle political, economic and cultural matters in order 
to safeguard the interests of its population.  Th e Popular Assembly had competence to adopt local 
legislation in the following fields: science, culture , education; household and town-planning; health 
care and sports; local budget; fina ncial and fiscal activity; ec onomy and environment; labour and 
social assistance. The Gagauz-Yeri region had no autonomous authority with respect to foreign trade, 
did not issue or implement technical standards, sanita ry or phytosanitary standards and did not subsidize. 
40.  In response to requests for information rega rding the Agreement on the Transnistria region, 
the representative of Moldova referred to the Me morandum On the Basis for Normalization of 
Relations Between the Republic of Moldova and Transnistria signed in Moscow on 8 May 1997. 
Based on the memorandum, an agreement on the organizational basis of social-economical collaboration between the Republic of Moldova a nd Transnistria signed on 10 November 1997 
established an institutional basis for better coor dination among the central government and local 
authorities of the Transnistrian region.   
41. In response to further questions, the representa tive of Moldova stated that the Law on Special 
Judicial Statute of the Gagauz-Yeri No. 344 of 23 December 1994 had established the autonomy of the "Gagauz-Yeri region" in economic matters  refers mostly concerning its autonomy in 
administrating its own budget and running economic activity.  This region had no authority regarding 
the excise, stamp, or sales taxes or any other taxes related to trade, as well as on establishing 
requirements for investment, e.g., trade related i nvestment measures covered by the WTO Agreement 
on TRIMS.  These were under the exclusive author ity of the Moldovan Parliament.  All legal acts 
adopted by the People's Assembly of Gagauz-Yeri region would  not contradict Moldovan legislation WT/ACC/SPEC/MOL/4 
Page 22  
 
 or international commitments taken by Moldova.  All WTO Agreements and Moldova's commitments 
in the WTO would be applied uniformly on its customs territory 
42. The representative of Moldova confirmed th at all fiscal, financial and budgetary activities 
performed by local governments would be in comp liance 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 Agreement,  including Moldova's Protocol, shall be applied 
uniformly throughout its customs territory and other territories under its control, including in regions 
engaging in border trade or frontier traffic, speci al economic zones, and ot her areas where special 
regimes for tariffs, taxes and regulations are establishe d. He added that when apprised of a situation 
where WTO provisions were not being applied or were applied in a non-uniform manner, central 
authorities would act to enforce WTO provisions wit hout requiring affected pa rties to petition through 
the courts. The Working Party took note of these commitments. 
 
V. POLICIES AFFECTING TRADE IN GOODS - Registration and right to trade 
43.  The representative of Moldova stated th at the Law on Foreign Trade Activity would 
recognize formally the right to trade. Nevertheless pursuant to the Decision of the Government No. 
371 from 6 June 1995), there were no specific regist ration requirements for engaging in importing.  
The only requirement was that the intention to pe rform import activities should be mentioned in the 
statute of the enterprise.  Enterprises whose stat utes did not yet specify import activities could add 
these without difficulty.  
44.  Some members of the Working Party request ed further information on the meaning of the 
"statute of the enterprise".  In response, the represe ntative of Moldova stated that the statute of the 
enterprise was comparable to the articles of incorporation for corporations and partnership agreements 
for partnerships.  A detailed list of the informa tion to be provided in the statute was contained in 
Article 23 of the Law on Enterprise s and Entrepreneurship.  For cert ain types of organizations, e.g., 
banks, insurance, joint stock companies and cooperativ es, special provisions existed in the relevant laws. 
All types of enterprises, including those without lega l 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 and a document confirming the pa yment of a registration fee.  WT/ACC/SPEC/MOL/4 
 Page 23 
 
 
 45.  The representative of Moldova added that all forms of business enterprises, including 
corporations, partnerships and i ndividual firms could  engage in the business of importing and 
exporting.  Individuals could also engage in the importation and expo rtation activities of a commercial 
nature.  The only requirement was that individuals ha d to register their activities as a business. If the 
importation and exportation activities were for the individuals’ personal consumption, there were no 
requirements. Howe ver, natural persons were not allowed  to import or export goods  which were subject 
to licensing. The same rules applied to  foreigners and citizens of Moldova.  
46.  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 al so be required for trade or storage of chemical 
reagents, liquefied gas and toxic chemical substa nces in danger of deflagration; ozone depleting 
substances; and ionic radiation sources radioactive materials.  In response, the representative of 
Moldova stated that a recent decision of the Constitutional Court had ab olished Governmental 
Decision No. 859.  Accordingly, the only law establishing a licensing system for some types of 
activities was the Law "On Licensing of Certain Types of Activities".  Article 18 of Chapter V “Final 
Provisions” provided that within two months' of th e enactment of that law, the Government was 
required to adjust its normative acts in accordance w ith the present law.  Annex 2 of that Law listed 
the types of activities for which a licence is require d and responsible institutions for issuing such 
licensing.  The list was presented to members of  the Working Party in document WT/ACC/MOL/13.  
The representative of Moldova further noted that Ar ticles 6, 7, and 12 of the Draft Law on Licensing 
of Certain Types of Activities" governed the procedur es for issue and granting of licences.  Article 13 
detailed the procedure by which a le gal or natural person denied a li cence could obtain review of that 
decision.  
- Customs tariff 
a) Ordinary customs duties 
47.  The representative of Moldova said that the present import customs tariff of Moldova 
introduced by Presidential Decree No. 185 of 4 Nove mber 1993 had been modified several times since.  
The customs tariff was approved ever y year as part of the Budget Law.   The representative of Moldova 
confirmed that after ratification of the Accession Protocol by the Moldovan Parliament, the Moldovan 
Government would set the custom tari ffs within the agreed ceiling levels. WT/ACC/SPEC/MOL/4 
Page 24  
 
 48.  In response to questions concerning the ra tes of the specific duties the representative of 
Moldova provided the Working Part y with the follow ing tabulation: 
Code Description Rate of Duty (%) 
2203 Malt beer 1.0 ecu/l
2204 Natural wine, including strong wines; must of grapes other 
than in item 2009 1.32 ecu/l
2205 Vermouths and other wines fl avoured with herb or other 
aromatic substances 1.32 ecu/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 ecu/l
2207 Essential alcohol of 80% or more; ethyl alcohol and other 
alcoholic drinks, of any concentrations 1.0 ecu/l
220710 Ethyl alcohol of 80% or more 10.0 ecu/dal
2208 Ethyl alcohol of up to 80%:   10.0 ecu/dal
220810 -220890 Of which vodka, liqueur and other alcohol products 4.0 ecu/l
2402 Leaf cigarettes, cigars made of to bacco or its substitutes 30 ecu/1000 pieces
The administration of the specific duties follo wed the normal rules of customs procedures. 
49.  The representative of Moldova provided the fo llowing tabulation of the average customs tariff 
rates: 
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) * 
Trade weighted average 1997 11.6% (using 1996 trade) 
* A simple average for 1996 was calculated as the 1996 tariff included a number of relatively high fixed 
duty rates. When calculating the weighted average these could be ignored as there had not been important import volumes in these tariff lines. 
50.  Some members of the Working Party said th at there was uncertainty concerning the customs 
tariff schedule currently applied in Moldova. In re sponse, the representative of Moldova submitted the 
customs tariff for 1998 in electronic format which wa s part of the 1998 Budget Law and had superseded 
all previous customs tariffs.  The Government had proposed to the Parliament to modify this system 
through the adoption of a customs tariff with base dut y 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.  This new 
scheme was expected to be effective from the year 2000.    WT/ACC/SPEC/MOL/4 
 Page 25 
 
 
 b) Tariff quotas, tariff exemptions  
51.  The representative of Moldova stated that, although at present, there were no tariff quotas, 
Moldova might consider their use in connection with the market access negotiati ons.  Regulations with 
regard to the application of the customs tariff (Decision No. 689, along wi th some modifications 
specified in Decision No. 640 of 26 August 1994) pr ovided for complete exemption from duties of 
imports from members of the CIS and from Romania in accordance with the free trade agreements 
signed with these countries, and of imports from co untries classified by the United Nations as least 
developed.  He provided the following date for 1997:  duty free imports thr ough tariff exemption for 
inputs in goods that are ultimately exported, 4.4 pe r cent of total import;  imported goods in the free 
trade zone under the customs supervision regime, 4 per cent of the total import;  imports from 
countries with whom Moldova has signed free trade agreements (CIS and Rumania), 61.5 per cent of 
total import;  trade at zero duty rate (except CIS a nd Rumania), 8.6 per cent of total import;  imports 
under technical assistance projects and humanitarian ai d exempted from customs taxes, 2 per cent of 
total import. 
52.  In response to questions concerning tariff ex emptions, 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. They in cluded charitable donations from organizations and 
individuals to recognized charity institutions, good s imported under "co-operation contracts", the GSP 
system, agreements of technical cooperation etc.  The import duty exemptions applied to raw material 
imports from all countries if the final product was s ubsequently exported.  Tariff exemptions other than 
those provided for in the context of a customs union or a free trade agreement were applied on an m.f.n. 
basis, except for the exemption for goods origina ting from the least-developed countries in accordance 
with the "Enabling Clause" decision of the GATT 1947 contracting parties.  Moldova was prepared to 
undertake that exemptions would only be granted to th ird countries in accordance with the provisions of 
the WTO. 
c) Other duties and charges 
53.  Some members of the Working Party asked wh ether Moldova levied other duties and charges. 
In response, the representative of Moldova said that Moldova would change its customs system so that 
the 0.25 per cent customs user fee would be incorporat ed in the customs tariff  in the column "Other 
duties and charges" of the Schedule of Moldova a nd a flat fee reflecting the approximate cost of 
processing a customs declaration would be introduced.  Moldova expected this amendment to enter into 
force no later than the time of adoption of the B udget Law 2000.  Some members of the Working Party WT/ACC/SPEC/MOL/4 
Page 26  
 
 reiterated that other duties and charges in Moldova 's Schedule of Tariff Concessions should be bound 
at zero.   
54.  The representative of Moldova confirmed th at Moldova had agreed to bind at zero other 
duties and charges in its Schedule of Tariff Concessi ons pursuant to Article II:1(b) of the GATT 1994.  
The Working Party took note of that commitment.  
- I mport surcharge 
55.  In response to questions from members of th e Working Party the representative of Moldova 
stated that due to particular balance of payment difficulties, through Article 17.2 of the Budget Law 
Moldova had introduced a special import su rcharge at a rate of five per cent ad valorem  which applied 
to 700 tariff lines at four digit level.  He furthe r stated that the surcharge was applied in a manner 
consistent with the requirements of the Unders tanding on Balance-of-Payments Provisions of the 
GATT 1994, as well as Article XII of the GATT 1994.   
56.  The representative of Moldova stated that from the date of accession Moldova would ensure 
that all charges applied to imports were applied in  a manner consistent with  the requirements 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 that commitment.   
- Fees and charges for services rendered 
57.  Some members of the Working Party noted that Moldova had applied an ad valorem  tax to 
user fee operations and questioned whether the fee was commensurate with the approximate costs of 
the services rendered as provided for in Article VIII of the GATT 1994.  The representative of 
Moldova informed the Working Party that the 0.25 per cent customs user fee had been replaced by a 
flat fee for customs declaration.  With reference to  the licence fees, the repr esentative of Moldova said 
that the Decision of the Constitutional Court No.14 of 19 May 1998 and Government Decision 
No.716 of 30 June 1998 had introduced certain amendments to the Decision No.777 that had 
abolished the licence fee of 0.1 per cent, as well as the licensing fee of MDL 200,000 for import of 
alcohol or tobacco products.  
[58.  The representative of Moldova confirmed that, from the date of accession, Moldova would 
not apply or reintroduce an ad valorem  customs fee.  Moldova applied a flat fee for import processing, 
which would be applied in  conformity with WTO obligations, in particular Articles VIII and X of the 
GATT 1994.  The level of the applied fee would not  exceed the approximate cost of the customs 
processing of imports, revenues from the fee would be used solely for customs processing of imports  WT/ACC/SPEC/MOL/4 
 Page 27 
 
 
 and total annual revenue from collection of the f ee 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. Information rega rding the application and level of the fee, revenues 
collected and their use, would be provided to WTO Members upon request.  The Working Party took note of these commitments.] 
 
Application of internal taxes on imports - Value Added Tax 
59.  Some members of the Working Party requested Moldova to bring its VAT system in line with 
Article I of the GATT 1994, so that it was applied eq ually to imports from all third countries, including 
CIS countries.  In response the representative of Moldova stated that 20 per cent VAT was imposed on 
the majority of imported a nd domestically purchased goods.  The Budget Law 1998 No. 1446-XIII 
enacted on 27 December 1997 had brou ght the application of excise ta x and VAT into conformity with 
the relevant WTO provisions.  The only exception (A rticle 13) concerning VAT application was made 
for Russia and Belarus.  As the Chapter III of th e Fiscal Code foresaw no such exceptions, the 1999 
Budget Law enacted in December 1998 had brought the application of excise tax and VAT fully into 
conformity with the relevant WTO provisions, wi thout any exceptions.  He added that VAT for 
domestically produced goods was pa id 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 su bmission of the statement. VAT on imported goods 
had to be paid before the goods entered the custom s territory of the Republic of Moldova.  Moldova 
would comply with the provisions of the WTO concerning taxation. 
60.  The representative of Moldova said that VAT exemptions applied to the following regardless 
of the country of origin:  
- transactions involving the sale of: - bread, bakery products, and flour for their 
production to enterprises; - milk and dairy pr oducts on the territory of the republic by 
all enterprises;  
- electrical power provided to the general public; 
- income from the sale of natural and liquefied gas; WT/ACC/SPEC/MOL/4 
Page 28  
 
 - municipal services provided to the public involving the supply of heating, hot water, 
drinking water, and sewer services; 
- precious metals and precious stones in any form and condition, including scrap and 
waste products containing precious metals and precious stones, acquired and sold by 
the State Repository for Valuables; 
- work associated with the appraisal of real estate owned by individuals, performed at 
request of local government authorities, and work related to confirming the rights of 
land owners; 
- computers for the "Internet Medicine" system, imported by Soros Foundation in 
Moldova for the Medical Information Center at  the N. Testemitean State University of 
Pharmacy and Medicine; 
- imported equipment and spare parts (with  the exception of office equipment and 
equipment for the gambling business and entertainment industry), vehicles and spare parts, as well as imported agricultural equi pment in accordance with a list established 
by the Parliament; 
- elite and super-elite seeds intended for propagation and incorporation into the 
production of new technologies, pesticid es, protein-vitamin-mineral premixes, 
pedigreed livestock and poultry, day-old chicks  of all types of poultry, and incubation 
eggs imported from countries that assess th e value-added tax based on the place of 
destination; 
- work to complete the construction of  housing based on a list established by the 
Government; 
- cement sold by the "Ciment" joint-stock company; 
- editorial activity; the publication and printing of books focusing on culture, child 
development, science, and education; the publication and printi ng newspapers and 
magazines; transactions involving the sale of mass media publications, child development, science, and education; shi pping services, loading and unloading, and 
handling of periodicals and products focusing on culture, child development, science, 
and education.   WT/ACC/SPEC/MOL/4 
 Page 29 
 
 
 Exemptions from payment of the value-added tax to the budget applied to: agricultural enterprises 
regardless of their type of ownership and organi zational-legal form on the sale of products from crop 
farming and animal husbandry in unprocessed form and on a live-weight basis. The amount of value-
added tax shall be entered on a separate line in  sales documents for these  products. The amount of 
value-added tax remaining at the enterprises' dispo sal shall not be subject to the income tax.   
Excise Tax 
61.  The representative of Moldova confirmed th at the excise tax on domestically produced goods 
was paid by the producers of the goods on a monthly basis. Producers submitted  a monthly statement to 
the Ministry of Finance, not later than the 20th of the following month, and paid the excise due. Excise tax on imported goods had to be paid before the goods entered the customs territory of the Republic of 
Moldova. For this purpose importers purchased excise  stamps and marked the goods with the stamps. 
The following groups of products were subject to excise taxes: 
1999 Budget:  List of Excisable Products
 
Name of products Unit of 
measurement Excise rate
1 Vodka, liqueurs 0.5l bottle 0.75 leu
2. Liquor, including national drinks 0.51 bottle 0.50 leu
3. All types of 100 per cent alcohol (excluding alcohol for medical, 
pharmaceutical, veterinary, perfume ry use), denatured alcohol, 
aldehyde-esther fraction  1 dal 30 leu
4. Dry grape wines 0.71 bottle 0.30 leu
5. Fortified grape wine 0.71 bottle 0.40 leu
6. Low alcohol drinks (up to 8.5. per cent) 0.51 bottle 0.30 leu
7. Wine material for production of natura l wines; natural wines in bulk 1dl 10 leu
8. Wine material for production of fortified wines; fortified wines in 
bulk 1dl 12 leu
9. Carbonated grape wines:  
 -  natural, carbonated 0.751 bottle 1.0 leu
 -  traditional 0.751 bottle 1.5 leu
10. Divin (cognac), matured:  
 -  less than 6 years 0.51 bottle 4.0 leu
 -  over 6 years 0.51 bottle 7.0 leu
11. Other alcohol-containing wi ne-making and ca nning Products; 
harmonized sulphonated grape wort  (excluding wort for producing non-
alcoholic beverages); fruit wine Mate rials and fruit-grape wine material 
(with grape wine Content of up to 50 per cent), grape-apple wines, fruit and berry wines 11 0.40 leu
12. Beer:  
 -  in cask  0.5 leu/litre
 -  in bottle / can 11 1 leu/litre
13.  Tobacco goods:  
 -  cigars and cigarillos 1000 pcs 800 leuWT/ACC/SPEC/MOL/4 
Page 30  
 
 Name of products Unit of 
measurement Excise rate
 -  filter cigarettes:  
  size over 81 mm 1000 pcs 25 leu
  size below 81mm 1000 pcs 10 leu
 - non-filter cigarettes 1000 pcs 5 leu
14. Non-fermented tobacco 1 ton 2 000 leu
15. Precious metals jewelry:  
 -  gold (standard of fineness below 600) Gram 10 leu
 -   gold (standard of fineness 600 and over) Gram 20 leu
 -  silver Gram 1.50 leu
 -  diamond Item 170 leu
16.  Motor petrol 1 ton 1000 leu
17.  Diesel fuel - 1 ton 500 leu
18.  Motor cars (motor volume, cu cm):  
 - 1 500 and less Per piece 2 300 leu
 - 1 500 to 1 750 Per piece 3100 leu
 - 1 750 to 2 000 Per piece 4 050 leu
 - 2 000 to 2 250 Per piece 5 900 leu
 - 2 250 to 2 500 Per piece 7 400 leu
 - 2 500 to 2 750. Per piece 9 300 leu
 - 2 750 to 3 000 Per piece 11600 leu
 - over J 000 Per piece 14 500 leu
19.  Coffee grains 1 ton 800 leu
20.  Ground coffee and instant coffee 1 ton 1000 leu
21.  Garments of natural furs (mink, polar fox, fox, sable) Ad valorem  25 per cent
22.  TV sets; tape recorders a nd' other audio equipment: Per piece 
 - TV sets, screen size:  
  Less than 14"  US$20
  14.1" to 20"  US$25
  20.1"to 24"  US$30
  24.1" to 28"  US$50
  Over 28  US$65
 TV sets with VCRs  US$50
 VCRs  US$15
 - Video cameras  US$55
 - Music center   US$25
 - Amplifiers  US$30
 - Audio cassette-recorder  US$10
 - Motor car cassette-player  US$10
 - Audio player  US$10
 - Tape-recorder  US$10
23. Office furniture Ad valorem  10 per cent
24.  Top class home furniture Ad valorem  15 per cent
25.  Black caviar Per kg 30 leu
26.  Red caviar Per kg 20 leu
27.  Perfume Ad valorem  10 per cent
  WT/ACC/SPEC/MOL/4 
 Page 31 
 
 
 Notes:  
1.  These excise tax rates are applicable to im ported goods (products) and domestically manufactured 
goods (products) which are ei ther exported to the CIS countries or sold at the domestic market. Excise 
taxes are not applicable when wine materials, wine in bulk and non-fermented tobacco are sold by 
producer which posses processing capacities and is a taxable subject of the Republic of Moldova. 
 Excise tax is applicable to motor cars that are imported only. 
2.  When excisable goods are sold in units other than  specified for the purposes of excise tax, the volume 
is re-computed in the required unit and the established tax rate is applied. Similar procedure is applied 
to compute the excise tax on alcohol on th e basis of the absolute alcohol content.  
3.  Jewelry components imported by the "Gluvaer" jewelry factory of Chisinau for use in manufacturing 
are exempt from excise tax. 
4.  Paid excise taxes on procured alcohol, which is utilised in medicine, pharmacology and veterinary is 
offset against the budget. 
 
62.  Referring to the table above, some members of  the Working Party asked Moldova to ensure that 
the exemption from excise tax for spirits used in phar macology and veterinary pr oducts did not create an 
incentive for abuse of the exemption.  In respon se the representative of  Moldova stated that 
manufacturers of pharmace uticals or veterinary products were gr anted exemption 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 s upplies which could not be explained woul d give rise to an investigation.  
63.  Some members of the Working Party reque sted 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. In response  the representative of Moldova explained that the Government had 
already approved a concept paper for the 1998 Budget Law. The paper stated that the VAT and excise 
tax systems should be in conformity  with the relevant WTO provisions . In particular, the Budget Law 
would provide for the following:  (i)  general a pplication of the principle of destination for VAT 
purposes;  (ii)  no discriminatory VAT exemptions for domestic products ;  (iii)  general application of 
the principle of destination for excise  tax purposes;  (iv)  no discriminato ry excise tax rates.  The general 
application of the principle of destination for VA T purposes was also stipulated in the new Law on 
VAT.  According to the Government  plan, Moldova had intended to a pply the principle of destination 
for VAT and excise taxation and to adjust the exci se tax rates, consistent with national treatment 
requirements starting wi th the Budget Law 2000.  However, the B udget Law 1998 No. 1446-XIII, 
enacted on 27 December 1997, had brought the applica tion of excise tax and VAT into conformity 
with the relevant WTO provisions.  The only ex ception (Article 13) was made for Russia and 
Belorussia concerning VAT application.  As Ch apter III of the Fiscal Code foresaw no such 
exceptions, the Budget Law 1999, enacted in December  1998, had brought the application of excise WT/ACC/SPEC/MOL/4 
Page 32  
 
 tax and VAT without any exceptions fully into c onformity with the relevant WTO provisions.  
However, the severe budgetary diff iculties currently encountered by Moldova could require temporary 
fiscal measures which might be inconsistent with WTO regulations.  Such measures, if applied, would 
be brought into conformity with WTO rules prior to accession. 
64.  Some members of the Working Party stated that  they were of the view that the excise taxation 
regime on alcoholic beverages was inconsistent with the requirements of Article III of the GATT 1994 
in light of recent WTO Dispute Settlement proceed ings.  Those members asked how Moldova planned 
to ensure conformity of it s excise taxation of alcoholic beverages with the GATT 1994.  In response, the 
representative of Moldova st ated that Moldova considered that its excise tax regime was in conformity 
with the requirements of the GATT 1994, although if that was not the case, Moldova would of course 
take all necessary steps to bring its regime into conformity.   
65.  The representative of Moldova confirmed that, from the date of accession, Moldova would 
apply its domestic taxes, including th ose on products listed in paragraphs  60 to 64 in strict compliance 
with Article III of the GATT 1994.  The Wo rking Party took note of this commitment. 
- Quantitative import restrictions 
66.  Some members of the Working Party request ed information concerning those provisions in 
Moldovan Law that authorized the Executive to a pply quantitative restrict ions. In response, the 
representative of Moldova explained that under the Article 13 of the Law on Foreign Economic Activity the Government could rest rict the export and import of goods  and services or to suspend 
foreign economic transactions for balance-of-pay ments reasons or under other economic and political 
conditions. However, such temporary measures had to respect provisions of international treaties and 
agreements to which Moldova was a party (Article 3, 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 prohib itions could be imposed under the Law on Foreign Trade Activity. 
He added that Moldova would only apply import re strictions, quotas and restrictive import licencing 
in conformity with the relevant WTO provisions. 
67.  Some members of the Working Party noted that Article 12 of the draft Foreign Trade Law 
appeared to authorize, as a rule, the setting of quant itative 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 pub lic administration, with preference given to 
manufacturing organizations."  Those members as ked whether the auctioning of quotas, licenses and 
other quantitative restrictions be compatible with  the provisions of Articles II, XI, and XIII.  In  WT/ACC/SPEC/MOL/4 
 Page 33 
 
 
 response, the representative of Moldova stated that Article 10 of the draft Foreign Trade Law 
provided that importation and exportation was not s ubject to any quantitative restrictions.  The 
Government of the Republic of Moldova could only  introduce quantitative restrictions on import and 
export only in the exceptional cases foreseen in th e new draft law.  These exceptional cases were 
stipulated in Article 11 of the Foreign Trade Law and were in compliance with Articles XX and XXI 
of the GATT 1994.  Governmental Decisions concer ning the introduction of quantitative restrictions 
on import and export were required to be published at least 30 days before the entry into force of these 
restrictions.  In the case of establishment of any quant itative restrictions, the distribution of quotas and 
the issue of licenses was effected by  the authorized body of public administration.  He further noted 
that Article 3 of the draft Law that provided that  the supremacy of that Law over any international 
agreements to which the Republic of Moldova is part, the consiste ncy with the WTO Agreements is 
assured, including as regards Articles IX and XIII of the GATT 1994.   
 
68.  Some members of the Working Party asked how  preferential treatment in the distribution of 
licenses was compatible with the provisions of Artic le III and XI.  In response, the representative of 
Moldova stated that Article 12 of the draft Fore ign Trade Law had been amended to delete all 
references to preferences. 
- Import licensing procedures 
69.  Some members of the Working Party requested  information on the products subject to import 
licensing, the justifications thereof, the author ities 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 subject to licensing are listed 
in the following paragraph.  Lottery-type inventio ns, 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 lice nsing system applied to imports i rrespective of their origin, including 
imports from CIS countries and other countries with which Moldova had a preferen tial trade agreement.  
In order to provide the Working Party with further information, the representative of Moldova presented 
further information on import licensing in docum ent WT/ACC/MOL/8/Add.1;  which was revised and 
supplemented in document WT/ACC/MOL/15.     
70.  Some members of the Working Party asked to  whom an application for import licence should 
be made. The representative of Moldova said that  the institutions and the product groups covered, 
excluding the alcohol and tobacco products covered by Annex 4 of Governmental Decision No. 777 and 
petrol and diesel (HS 27100021-27100039 and HS 2710006 respectively) covere d by Governmental WT/ACC/SPEC/MOL/4 
Page 34  
 
 Decision No. 305 of 27 March 1997, as well as the reason for each licensing requirement and WTO 
justification are listed in the table below: 
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-military 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) 
Ministry of Health  
Product Group 
 HS-Code Reason for 
licensing GATT 
reference 
Pharmaceutical products 1204, 1207, 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 
reactives 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)
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) WT/ACC/SPEC/MOL/4 
 Page 35 
 
 
 Product Group 
 HS-Code Reason for 
licensing GATT 
reference 
Tools and devices for vet services 9018-9022 Protection of 
human, animal or plant life or health Art. XX (b)
 
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) 
 
71.  The representative of Moldova added that although imports of medica tions, drugs and medical 
equipment had previously been to prior authorization by the Ministry  of Health, that requirement had 
now been eliminated following the Decision of the Constitutional Court No.14 of 19 May 1998,.  
Government Decision No.716 of 30 June 1998 had introduced certain amendments to the Decision 
777 that abolished the license fee of 0.1 per cent.   
72.  The representative of Moldova noted that there were no fees related to the issuing of import 
licenses.  Licenses were automatic.  A licence was requi red to be issued within five days after the 
complete set of documents had been submitted.  Im port licenses were valid for the period requested 
by the importer.  Import licenses could be ex tended upon the request of the importer.   
73.  In response to further questions the representative of Moldova re-confirmed that the 
Government of Moldova published information concer ning import licensing procedures.  The rules and 
regulations, including the procedures  for obtaining import licences establ ished in Government Decision 
No. 371 of 6 June 1995 had been published in the Monitoru l Official (offici al bulletin of the State)  This 
Decision had been replaced by Government Deci sion No. 777 of 13 August 1997 "On Improving the 
Mechanism of Regulation External Economic Relati ons" setting the mechanism for licensing products.  
Amendments to the import licensing system had be en introduced by Governmental Decision No. 76 
of 22 January 1997 and Governmental Decision 716 of 30 June 1998. The latter had abolished 
inconsistencies with GATT 1994 Article VIII that ex isted in the regulation on imports of alcohol and 
tobacco products. Due to the peculiarities of the product groups that are licensed, the Ministry of 
Finance elaborated in the framework of the Gove rnment Decision 777 separate regulations for each of WT/ACC/SPEC/MOL/4 
Page 36  
 
 the product groups concerned. A new Govern ment Decision No. 859 dated 13 August 1998 on 
Regulation of certain types of activities in the Republ ic of Moldova required that licenses be issued to 
persons or companies engaging in certain activ ities but did not establish any limitations on the 
quantities of products traded. 
[74.  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 individuals and 
enterprises to import and export goods within Moldov a'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 licensing requirements fo r those activities listed in paragraph 70. The 
importation or exportation of produc ts covered by activity licenses were subject only to requirements 
consistent with the WTO Agreement. The activity lic enses enumerated in paragraph 70 did not restrict 
foreign participation as they app lied equally to foreign and dom estic businesses. Activity licenses 
were administered for the purpose of ensuring natio nal security, product safety and the protection of 
human, animal or plant life or health.  The criteri a for granting activity licenses were published in the 
Official Journal. The criteria for engaging in impor t 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 rest ricted nor was the licensing applied to restrict 
imports, the production, wholesale or retail trade in any product.] 
 
[75.  The representative of Moldova confirme d that from the date of accession Moldova would 
ensure that its laws and regulations  relating to the right to trade in goods and all fees, charges or taxes 
levied on such rights would be in full conformity with its WTO obligations, including Articles VIII: I 
(a), XI: I and 111:2 and 4 of the GATT 1994 and th at it would also implement such laws and 
regulations in full conformity with these oblig ations. The Working Party took note of this 
commitment.] 
- Customs valuation 
76.  Some members of the Working Party noted that Decision No. 99 of 27 February 1995 did not 
implement the WTO Customs Valuation Agreement and, in many cases, was in conflict with 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 with 
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.  WT/ACC/SPEC/MOL/4 
 Page 37 
 
 
 77.  The representative of Moldova confirmed that Mol dova intended to bring its customs valuation 
regime into conformity with WTO requirements prior to the date of accession.  The Law on Customs 
Tariff had been enacted on 20 November 1997. This  Law consists of two major parts: customs 
valuation and rules of origin. Both issues had been addressed to meet the WTO requirements on these 
subjects in Moldovan legislation and to im plement the respective WTO Agreements.   
78.  Some members of the Working Party posed ma ny questions related to the apparent lack of 
conformity of the Draft version of the Law on th e Customs Tariff with the requirements of the WTO 
Agreement on Customs Valuation.  The represen tative of Moldova noted that most of the 
inconsistencies identified by members of the Worki ng Party had been remedied in the final draft of 
the legislation.  However, certain problems remain ed and would be remedied by a draft governmental 
decision introducing the provisions of the releva nt Notes from the WTO Valuation Agreement had 
been presented to the relevant institutions for co mments  Both documents were expected to be 
approved shortly by the Government and the Parliament.   
 79.  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 ordi nary 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.  A current draft of the law amending the Law on Customs Tariff in its Article  1 (2) and (3) introduced language for the right 
of appeal without penalty.  In addition a new draf t of the Customs Code was in the final stage of 
coordination.  It would also provide for the right of appeal accordi ng to the WTO Valuation 
Agreement.  He further added that Moldova would provide a copy of the finalised new draft once it 
was ready. 
80.  In response to questions from members of the Working Party, the representative of Moldova 
noted that Article 10 of the Law on Customs Tariffs  (Methods of determination of the customs value 
of the goods) provided for the sequential application of valuation methods and stipulated that the 
deductive and computed value methods could be a pplied in reverse order at the request of the 
importer.  In the interests of further improving the legislation, Moldova had taken the step of 
preparing a draft Governmental Decision "On Regulati on on Application of Provisions of the Law on 
Customs Tariff", reiterating the provisions of Gene ral Notes, Sequential Application of Valuation WT/ACC/SPEC/MOL/4 
Page 38  
 
 Methods in Annex I of the WTO Valuation Agreemen t.  He further added that Moldova would also 
inform members of the Working Party whether it woul d take a reservation under Article 4 as set forth 
in Paragraph 3 in Annex III of the WTO Valuation Agreement.  
81.  Some members enquired whether Moldova applie d minimum pricing or reference pricing.  In 
response, the representative of Moldova stat ed that by Governmental Decision No. 1092 of 
29 October 1998 had introduced reference prices.   
82.  At a later stage and in responses to th e above questions, the representative of Moldova 
provided detailed information cro ss-referencing the provisions of the Customs Valuation Agreement 
with the Articles of the Customs Tari ff Law in document WT/ACC/MOL/14.   
[83. The representative of Moldova confirmed th at, from the date of accession, Moldova would 
apply fully the WTO provisions concerning customs va luation, 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 Imported Goods a nd for the Valuation of Carrier Media Bearing 
Software for Data Processing Equipment. In accord ance with these latter provisions, only the cost of 
the carrier medium itself would be accounted for in the customs value. He added that, as an 
international agreement, the provisions of the WT O Agreement on the Implem entation of Article VII 
of the GATT 1994 would supersede domestic law upon accession. The Working Party took note of these commitments.] 
84.  The representative of Moldova confirmed that, from the date of accession, Moldova would 
apply fully the WTO provisions concerning customs va luation, including in addition to the Agreement 
on the Implementation of Article VII of the GATT 1994, the decisions on the Treatment of Interest 
Charges in Customs Value of Imported Goods a nd for the Valuation of Carrier Media Bearing 
Software for Data Processing Equipment.  The Wo rking Party took note of that commitment.   
- Rules of origin 
85.  Some members of the Working Party asked for confirmation that Moldova would adopt legal 
provisions for rules of origin that conform fully with the requirements of the WTO Agreement on Rules 
of Origin. The representative of Moldova stated  that the Customs Tariff Law of November 1997 
established Moldova's rules of origin. 
86.  In response to questions the representative of Moldova said that rules of origin were required 
only for goods imported from countries covere d by a preferential trade agreement and from 
least-developed countries. The rules of origin und er the Free Trade Agreements signed with CIS  WT/ACC/SPEC/MOL/4 
 Page 39 
 
 
 countries and Romania, as well as under preferences in the framework of the GSP, were included in 
respective agreements. The proof was constituted by a valid, official certificate 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. 
87.  The representative of Moldova confirmed that  Moldova would adopt legal provisions for rules 
of origin that comply fully with the require ments of the WTO Agreement on Rules of Origin. 
88.  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 Mo ldova's legal framework 
prior to accession. The Working Party took note of this commitment. 
- Pre-shipment inspection 
89.  In response to questions from members of the Working Party, the representative of Moldova 
said that, currently, neither the Government nor an y State-owned enterprise used the services of PSI 
companies and that, at present, there were no Govern ment regulations on pre-shipment inspection.   
- Anti-Dumping, countervailing and safeguards 
90.  Some members of the Working Party requested that the Government of Moldova undertake a 
commitment that any anti-dumping, countervailing or safeguards measures would only be taken in 
conformity with the WTO Agreements on Anti-Du mping, Subsidies and Countervailing Measures and 
Safeguards. In response, the representative of Moldova stated that the Government of Moldova was preparing a law on anti-dumping, countervailing and safeguard measures which would comply with the 
respective WTO regulations . Safeguard measures were  addressed in Article 15  of the draft "Law on 
Foreign Trade Activity" which had been submitted to the Working Party in May 1997.  Moldova would 
not use anti-dumping, countervailing duty or safeguar d measures until such legislation was in place. 
91.  The representative of Moldova confirmed th at Moldova would not apply any anti-dumping, 
countervailing or safeguard measure until it had no tified and implemented appropriate laws in 
conformity with the provisions of the WTO Agre ements on the Implementation of Article VI, on 
Subsidies and Countervailing Measures, and on Safegua rds.  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 Article VI and XIX of the GATT 1994 WT/ACC/SPEC/MOL/4 
Page 40  
 
 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 WTO provisions.  The Working Party took note of these commitments. 
- Export Regulation - Customs tariffs, fees and charges and internal taxes applied to exports 
92.  Some members of the Working Party asked Mo ldova to explain the justifications of export 
licensing requirements and the registration of expo rt 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.  
93.  The representative of Moldova said that ther e were no export licensi ng requirements and that 
the registration of export contracts had been abol ished by Government Decision No. 777 of 1997.  The 
Government of Moldova was awar e of the GATT 1947 panel decision of 1988 that the use of an ad 
valorem  system of customs user fees was inconsistent with the provisions of Article VIII of the 
GATT 1994 to the extent that it caused fees to be levied in excess of the approximate costs of the 
services rendered by the customs.  He confirme d that Government Decision No. 716 of 30 June 1998 
had amended Government Decision No. 777 of 1997 and abolished the license fee of 0.1 per cent.  The 
customs user fee had been replaced by a flat rate which represented the approximate cost of the services 
rendered by the Cust oms Administration. 
- Export restrictions 
94.  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 prov ed ineffective to achieve this objective it had 
been removed.  
- Export licencing 
95.  The representative of Moldova informed me mbers of the Working Party that export licences 
were required for "goods with a special character" and that, in accordance w ith Government Decision 
No. 777 of 13 August 1997, the list of products was the same as the list of products subject to import 
licencing reproduced in paragraph 49 above.  It included weapons, ammunition, military equipment,  WT/ACC/SPEC/MOL/4 
 Page 41 
 
 
 kits to produce such equipment; explosives; nuclear materials, technologies, eq uipment and installations 
to produce such materials; ionic radiation sour ces; drugs, psychotropic effect substances and 
preparations, materials to  produce such substances and prepara tions, poisons; lottery-type inventions, 
means and equipment for different types of lottery; slot machines, fortune games; chemical substances (including fertilisers and plant-pr otection substances) and industrial  waste subject to international 
control; medicines, medical applian ces and equipment. The list also included precious metals: gold and 
silver. 
96.  In response to questions from some member s of the Working Party, the representative of 
Moldova confirmed that the registration requireme nt for export contracts had been abolished by 
Government Decision No. 777 of 13 August 1997 on Im proving the Mechanisms of Regulating Foreign 
Trade.  The export license fee had also been abolished. 
- Export subsidies 
97.  In response to requests for information, th e representative of Moldova said that Moldova did 
not maintain export subsidies, special promotion or financing policies.  If Moldova decided to 
introduce such measures in the future, it would do so in accordance with the relevant WTO provisions, 
such as the Agreement on Subsidies and Countervai ling Measures and the Agre ement on Agriculture.   
98.  The representative of Moldova stated that from the date of accession Moldova would not 
maintain any subsidies, including export subsidi es, 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 from the day of accession.  The Working Party took 
note of this commitment. 
- Internal Policies Affecting Trade in Goods 
- Industrial policy, including subsidies 
99.  In response to requests for information,  the representative of Mo ldova stated that the 
Government had a general policy to create a br oad-based market economy and to privatize all 
government-owned commercial enterprises 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 purpo se of furthering the creation of a market economy 
and the privatization of government-owned commercial enterprises and assets.  Industry 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 deve lopment sectors.  Tax incentives a nd relief were granted to sectors WT/ACC/SPEC/MOL/4 
Page 42  
 
 such as energy, transport, road building and telecommunications  in the form of priority loans and 
technical assistance provi ded by international organisations or bilateral co-operati on programmes. No 
subsidies were granted to domesti c industrial production.  In 1998, Moldova had accorded the following 
tax exemptions: 
(i) Exemptions from payment of the income tax to the budget applied to: 
- sheltered workshops which employ disabled persons and are operated by psychiatric 
hospitals of the Ministry of Health; 
- the Republican Experimental Center for Pr osthetics, Orthopedics, and Rehabilitation 
under the Ministry of Labor. Social Protection and the Family 
- enterprises operated by penitentiaries on the cond itions that at least 70 per cent of income 
is earmarked for production development; 
- commercial banks, by the amount of income lost from serving the public by accepting 
payment to the budget  
- income earned by enterprises in the fuel and energy complex as a result of including 
funds to cover debts in rates for energy res ources, in an amount that corresponds to their 
share of the total rates; 
(ii) Income tax exemption applied to: 
- military personnel, officers and rank-and-file personnel of internal affairs agencies, the 
penitentiary system, and the fire and emergency rescue service Defense and Emergency 
Situations, on income earned at their principal place of employment. These persons may 
not transfer their personal exemptions to their spouses; 
- athletes and coaches, on financial assistance provided to them by the International 
Olympic Committee; 
- legal entities and individuals, on income earned from government securities acquired 
before 1 January 1999, regard less of their maturity date; 
(iii) Land tax exemptions  applied to: 
- institutions financed at the expense of state and local budget funds;   WT/ACC/SPEC/MOL/4 
 Page 43 
 
 
 - enterprises operated by penitentiaries; 
- for parcels of land occupied by residential bu ildings, private farming plots, and plots used 
by the gardening cooperatives, within  the limits of the established norms. 
(iv) Real Estate Tax exemption applied to:  
- institutions financed at the expense of state and local budget funds; 
- enterprises operated by penitentiaries; 
- social and cultural facilities appearing on the balance sheets of economic entities, 
regardless of their type of ownership and organizational-legal fo rm, and not used for 
entrepreneurial activity; 
- civil defense facilities; 
- diplomatic missions on real estate provided to them rent-free on a reciprocal basis; 
- religious organizations on real estate intende d for the performance of religious rites; 
- the Republican Experimental Center for Pr osthetics, Orthopedics, and Rehabilitation 
under the Ministry of Labor, Social Protection, and the Family; 
- Moldova Railway, on the condition that the amount of assessed taxes is used to acquire 
rolling stock; 
(v) Water Fee exemption: 
- the incidental removal of ground water acco mpanying the extraction of minerals or the 
removal of ground water for the purpose of av erting (eliminating) its harmful effects; 
- water used in fire-fighting operations; 
- water drawn from surface and underground sources to meet the drinking water needs of 
the population and for household use; 
- surface water used in fish farming; 
- water consumption by enterprises operated by  organizations the disabled and charitable 
organizations; WT/ACC/SPEC/MOL/4 
Page 44  
 
 (vii) The Stamp duty exemption applied to citizens filing inquiries with judicial authorities 
concerning the allocation of land of equal va lue and a stake in property ownership. 
(viii) The value-added tax, customs duties, and the customs processing fee did not apply to 
goods(work, services), both imported and acquired on the territory of the Republic at the 
expense of credits and grants provided to the Government of Moldova  or issued against 
government guarantees, at the expense of lo ans granted by international financial 
organizations (including at the expense of the share of the Government of the Republic of 
Moldova), which are intended for the implemen tation of the relevant projects in accordance 
with a list established by the Government. 
100.  In res ponse to requests for more information, the representative of Mo ldova added that the 
Government of Moldova facilitated the adjustment process through th e following tax-re lated measures 
which were awarded on a case-by-case basis:  rescheduling tax arrears fo r companies in restructuring;  
forgiving penalties for late payment of taxes;  re scheduling social insurance contributions;  forgiving 
penalties for late payment of social insurance cont ributions;  write-off tax liabilities of former State 
companies in the framework of liqui dations and break-ups;  VAT credit  for expenditures related to the 
restructuring process agreed between the company and the creditors represented in the State Creditors 
Council up to specified limits.  In 1995, the Go vernment had allocated MDL 180,000 to support the 
introduction of new technologies. In  1996, there were no allocations. 
101.  In response to questions from members of the Working Party concerning the mechanisms and 
policies used to enable the development programmes for the agricultural sector, the representative of 
Moldova stated that the developmen t of the agricultural sector was supported by the Government with 
the following measures: 
(i) privatization of land and of State-owned ag ricultural enterprises, e.g., kolchoses and 
sovchoses;  
(ii) restructuring of privatized farms suppor ted by international aid agencies and 
establishment of an Agency for Assistance to Farms in Restructuring (ARA);  
(iii) support to agricultural research in the framewor k of a major loan of an international aid 
agency; 
(iv) 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;   WT/ACC/SPEC/MOL/4 
 Page 45 
 
 
 (v) financial support programmes;  
(vi) improving the legislative framework. Mo ldova was redrafting the Law on the 
Normative Price of Land and wa s 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 was facilitated through leasing and renting 
arrangements. 
102.  Some members of the Working Party asked for information on Government aid to investment 
projects.  In response, the represen tative of Moldova stated that Gove rnment aid to investment projects 
launched by the private sector was granted in the framework of: (i) concessions, in accordance with Article 46, Law on Foreign Investment; (ii) free enterp rise zones, in accordance with Article 46, Law on 
Foreign Investment and the provisions governing such  zones; (iii) agreements with the EBRD, including 
technical assistance and exemptions from VAT.  The 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 exploi tation of oil and gas (Article 26. 6, 1996 Budget Law);  construction 
of a sports footwear factory in Orhei carried out by JSC Ascom-Kelme, Gheco and Constructurul-24;  
Chisinau Bottle Factory;  modernization of Thermoco menergo carried out by ROCARO.  He stated that 
the Government support measures for concessions we re negotiated on an individual basis.  They were 
not part of a Government investment support program me.  There were no admini strative procedures for 
applying and receiving this governmental a ssistance.  
103.  The representative of Moldova stated that any subsidy programmes provided by its 
Government after accession would be administered in line with the Agreement on Subsidies and Countervailing Measures and that all necessary in formation on noticeable programmes would be 
notified to the Committee on Subsid ies and Countervailing Measures in accordance with Article 25 of 
the Agreement upon entry into force of Moldova's Protocol of Accession.  The Working Party took 
note of those commitments.   
- Technical Barriers to Trade 
104.  Some members of the Working Party asked Moldova to submit information of the measures 
being taken to meet the requirements  of the TBT Agreement.  In res ponse the representative of Moldova 
said that Moldova was taking the following m easures.  Preparing amen dments to the Law on 
Standardization, draft Law on Certification, as well as in all basic standards of the national 
standardization system of the Republic of Moldova.  Mandatory standards referred  only to the safety of 
products (services).  The existence of mandatory standards was co nditioned by the absence of technical WT/ACC/SPEC/MOL/4 
Page 46  
 
 regulations.  At present, the Department of Standa rds was taking measures to  introduce the concept of 
technical regulations and the transfer  of mandatory standards into the category of technical regulations.  
Steps undertaken to ensure  fulfilment of the TBT Agreement requ irements included the analysis of 
nonconformity and the adoption of measures for its re moval, pursuing a technical policy directed to 
applying of international standards (or their projects)  while national standards are elaborated.  Plans to 
elaborate national standards were published in  Moldova Standards edition "Buletinul de 
Standardizare", which was available to interested users. The elaboration of national standards was 
carried out by technical committees on standardization that consisted of all specialists from interested 
parties.  Moreover, newly developed standards were being harmonized with re levant international or 
European standards.  All norms and standards were being revised every fi ve years. In the course of the 
revision norms and standards develope d previously were  harmonized with international or European 
standards.  An enquiry point had been establis hed by Decision of the Director General of the 
Department of Standards, Metrol ogy and Technical Supervision. 
105.  The representative of Mol dova added that at present there were standards for the following 
products or product groups in force in Moldova: 
Standards relating to Different Products/Product Areas
 
Standards 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  
Sanitary standards as part of  product standards, issued by 
Ministry of Health Broad range of non-food products 
Safety and compatibility standards Construction and building activity 
Safety norms and labour st andards Services provided at the work place 
Environmental standards, including radiation safety General 
Out of 20,000 standards, about 5,000 were manda tory. According to Ar ticle 13 of the Law on 
Standardization the following standa rds were mandatory:  national standards for products, processes and 
services, material goods and the e nvironment which ensured the safe ty of human life and health;  
national standards which ensured the compatibility  of (foreign with domestic) technology and 
information;  national standards which ensured the compatibility of (foreign with domestic) products;  
national standards which ensured the uniformity of met hods of control and marking.  He confirmed that 
Moldova would consider the introduction of voluntar y standards to prepare for its accession to the 
WTO.  Approximately 90 per cent of the new voluntary standards would concern food products.  
Against a background of a difficult economic situat ion, the absence of other obligatory technical 
requirements, product shor tages and the limited purchasing power of the population, Moldova had 
considered mandatory safety and sanitary standards the only practical way to keep out poor quality or  WT/ACC/SPEC/MOL/4 
 Page 47 
 
 
 dangerous products.  The newly developed standards were being harmoni zed with ISO standards and the 
existing standards would be harmonised over ti me through a process of  periodic revisions. 
106.  Some members of the Working party requested information concerning certification procedures. 
In response, the representative of Moldova stated th at the draft Law on Certification had been submitted 
to the Parliament.  At present, cert ification requirements for specific cl asses of products were spelled out 
by the Standards Depart ment for each accredited body and were  elaborated in conformity with 
Document RG (General Requirement) 01-06-92.  RG 01-06-92 was under revision and would be 
developed into a National Standard.  The follo wing publications contained information on draft 
technical regulations, st andards and procedures: 
- "Buletinul Standartisarii” (p ublished every three months); 
- "Standartizarea” published (mont hly in Romanian language); 
- "Standarti i Kacestvo" (published monthly in Russian language). 
Through their participation in the technical committees, domestic pr oducers were being made aware of 
the contents of drafts  on standards, but no public notice or possibil ity of comments on such drafts  were 
provided at the present time.  Be sides the national standards Moldova  applied international standards 
(ISO, MAC), regional standards (GOST, EN) and ca rried out International Conventions requirements 
regulating the safety of chemical, poison, inflammable, explosive and other substances.  In Moldova, 
there were no specific regulatio ns or requirements covering elec trical safety, telecommunications 
equipment, medical devices and othe r classes of equipment.  Production certification in the Republic of 
Moldova was carried out according to the TBT Agr eement conformity requireme nts.  Moldova did not 
apply specific certificate classes, excluding hygienic ce rtificates introduced by the Ministry of Health, as 
a temporary class, in connection with the epidemio logical situation in Mold ova.  These requirements 
were specified in the technical regulations of th e Ministry of Health.  The State Inspection for 
Consumers' Rights Protection carrie d out sample selection and quality  control before the goods were 
sold.  Domestic products which were subject to th e same standards as fore ign goods were controlled 
during the production process in Moldova. 
107.  In res ponse to additional questions concerning certif ication procedures, the representative of 
Moldova said that only certificates  from certification bodies in the CIS countries and Romania were 
recognized, but negotiations to rec ognize foreign certificates were goi ng on with other countries.  Other 
products were examined by one of the 16 official certification bodies.  In the past three years, there had 
been a total of 45 cases in which the entry of goods  was denied or delayed because the goods did not WT/ACC/SPEC/MOL/4 
Page 48  
 
 satisfy the regulations or standards, measurement or quality, or were not correctly documented under 
such regulations. The most significan t problems had arisen in the area s of food and alcoholic beverages 
as well as household goods where shipments were re turned to the countries of exportation because 
existing standards had not been met.  
108.  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, techniques and technology, on international and regional standards and on advanced standards 
of other countries. Also Article 18 of the Law stipulated as the main objective of international 
co-operation between Moldova and other countries was the harmonisa tion of national standards with 
international and regional standards and with ad vanced national standards of  other countries. 
109.  In response to further questions the represen tative of Moldova stated that newly prepared 
legislation had been introduced to address the following deficiencies in relation to the TBT 
Agreement: 
- concept of technical regulations and transfer  of mandatory standards into the category 
of technical regulations; 
- the avoidance of unnecessary obstacles to international trade; 
- the non-discrimination and national treatment; 
- harmonization and participation in in ternational standardizing bodies; 
- equivalence of technical regulations; 
- mutual recognition of conformity assessment procedures; 
- transparency: statement on the implementati on and administration of the Agreement, 
inquiry point and notification, the publication used to announce that work is proceeding on draft technical regulation or standards and procedures for assessment of conformity or the text of approved documents are published in.  
 
He provided the following information on th e status of implementing legislation: 
 
Stage of implementation of Moldova's legislation related to TBT
 
 
 
No.  
Draft laws and regulations Circulation of the 
final draft for 
comments At  
Government for 
approval At 
Parliament 
for approval
1. Law on Certification on Goods and 
Services X X X 
2. Amendment Law on Standardization X X  
3. Amendments to Law on Protection of 
Consumers' Rights X X  
4. Law on Technical Barriers to Trade X X   WT/ACC/SPEC/MOL/4 
 Page 49 
 
 
  
No.  
Draft laws and regulations Circulation of the 
final draft for 
comments At  
Government for 
approval At 
Parliament 
for approval
5. Law on Accreditation X   
6. Law on Industrial Security X   
7. Amendments to the Statute of 
Phytosanitary Inspectorate  X   
Note: Normally, the expected length of time for pres entation of comments on draft legislation or normative 
acts with afterwards approval by the Government and adoption by the Parliament is 5 months maximum. Taking into consideration the priority  set by the Presidential programme this term is 
expected to be shorter.  
 
In response to requests for information concer ning the compatibility of the draft legislation 
with the requirements of the WTO Agreement on T echnical Barriers to Trade, the representative of 
Moldova provided the following table 
Moldovan Legislation/Draft Legislation Requirements 
under the WTO 
1.  The draft Law on TBT (Articles 2 and 6) provides for the 
introduction of new standards,  technical regulations and 
conformity assessment procedures s hould be fully compatible with 
the TBT Agreement. Generally agreed 
principle in WTO accession 
negotiations 
2.  The draft Law on TBT and the amendments to the Law on 
Standardization will provide for implementation and administration 
of the agreement.  Article 15.2 and 
TBT Committee 
Decision (/TBT/I) 
3.  The draft Law on TBT (Article 13-14) provides provision for 
Establishment and operation of a single Contact Point for Information ("inquiry point"). The inquiry point was created within the Department of Standards, Metrology and Technical 
Supervision. Currently the datab ase is preparing and will be fully 
operational by the day of accession. Article 10 
4.  The draft Law on TBT (Articles 13 and 18) provides for 
Identification of authority responsible for notifications, publications and other internal pr ocedures to ensure transparency 
obligations are met on an ongoing basis. Articles 2, 3, 5, 7, 
10, 15.2,  
Annex 3 and 
G/TBT/I 
- The draft Law in TBT  (Article 6) provides identification of 
publication where notices of proposed technical regulations and 
conformity assessment procedures will appear: These are "Monitorul Oficial al Republicii Moldova" and "Buletinul 
standardiz ării". Articles 2.9.1, 3.1, 
5.6.1, 7.1, 10.1.5 
- The draft Law on TBT (Article 13, 16 ) and the Decision of the 
Department of Standards, Metr ology and Technical Surveillance 
on establishing the Information Center for Standardization and Certification which is the authority responsible for making 
notifications to the WTO; Articles 2.9.2, 
2.10.1, 3.2, 
3.3, 5.6.2, 5.7.1, 
7.2, 7.3, 10.7, 
10.10 WT/ACC/SPEC/MOL/4 
Page 50  
 
 Moldovan Legislation/Draft Legislation Requirements 
under the WTO 
- The draft Law on TBT (Article 6) will ensure that the regulatory 
authorities afford non-discriminatory consideration of comments in 
the preparation of a final regulation; Regarding the elaboration of 
the technical regulation, the concerned bodies will allow for a reasonable period of time for countries- members and interested parties to present their considerations, but no longer than 6 months with exception for certain cases (depending on urgency 
consideration). Articles 2.9.4, 
2.10.3,3.1,3.3, 
5.6.4, 5.7.3, 7.1, 
7.3 
- The draft Law on TBT (Article 6) ensures that regulatory 
authorities allow a reasonable period of time between the final 
publication of a technical regulation and conformity assessment procedure and its entry into for ce so that suppliers can adapt;  Articles 2.11, 2.12, 
3.1, 5.8, 5.9, 7.1 
- The draft amendments to the La w on standardization (Article 10) 
provides for publication of the programme for developing 
standards should be published ever y 6 mouths and draft the  Law 
on TBT (Article 6) provides for publication of notices about the intent to draft technical regulations. Article 4,  
Annex 3 (J, K, L, 
N, 0);  
Article 8.1 
5. The draft "Law on TBT", the draft "Law on Certification" provides 
for Development and Application of Technical Regulations and 
Conformity Assessment Procedures: Existence of legal and/or administrative underpinnings (or "reasonable measures" as 
appropriate) to ensure ongoing comp liance with provisions of the 
agreement concerning, in particular:  Articles 2, 3, 5,  
6, 7 
- The draft Law on TBT (Article 12) and the draft Law on 
Certification of Goods and Services  (Article 13.3) provides for non-discrimination with respect to the treatment of products. Articles 2.1, 3.1, 
5.1, 5.2, 7.1 
- The draft "Law on TBT" (Articles 2 and 6.2 ) provides for the 
prohibition of unnecessary Obstacles to international trade and the 
Consideration of less trade-restrictive alternatives to fulfilling 
legitimate objectives;  Articles 2.2, 3.1, 
5.1, 5.2, 7.1 
 The draft "Law on TBT" (Article 6.7)  the ongoing review of 
technical regulations to ensure th ey are appropriate to achieve the 
desired legitimate objective;  Article 2.3, 3.1, 
7.1 
- The draft "Law on TBT" (Articles 5 and 6) the amendments of 
"Law on Standardization"(Article 4.2) provides for the 
consideration of appropriate intern ational standards, guidelines and 
recommendations as a basis for technical regulations and conformity assessment procedures;  Article 2.4, 3.1, 
5.4, 7.1 
- The draft "Law on TBT" (Article 7) provides for the consideration 
of equivalent technical regulations of other Members;  Articles 2.7, 3.1, 
7.1 
- The draft "Law on Certification" (Article 7) provides for the 
acceptance of the results of conformity assessment procedures 
conducted by bodies in an exporting Member country in case that Moldova signed bilateral agreemen t on mutual recognition or in 
case of accession to specialized regional or international 
organizations.  Articles 6, 7.1  WT/ACC/SPEC/MOL/4 
 Page 51 
 
 
 Moldovan Legislation/Draft Legislation Requirements 
under the WTO 
- The relevant ministries and institutions will implement a non-
discriminatory and cost-based fee structure. (*) as provide for in 
the draft Law on Certification of Goods and services (Article 15.3) Articles 5.2, 7.1, 
10.4 
6. Development and Application of Standards and Conformity 
Assessment Procedures: Existence of legal and/or administrative 
underpinnings (or ‘reasonable measures’ as appropriate) to ensure ongoing compliance with provisions of the agreement concerning, in particular:  Article 4 and 
Annex 3,  
Article 8 
- The draft Law on TBT (Article 12) provides for non-discrimination 
treatment with respect to the treatment of products.  Annex 3 (D), 
Article 8.1 
- The Moldovan Standards  SM 1-0.1999 (the amendments N0.1) 
provides that the Standards will not be used for the arbitrary and 
unjustified discrimination am ong countries having analogous 
conditions and will not create any unnecessary obstacles to 
international  trade; Annex 3 (E), 
Article 8.1 
- The draft Law on TBT (Articles 5, 6 and 8) and  the Moldovan 
Standards SM 1-0, make provision for consideration of appropriate 
international standards, guidelin es and recommendations as a basis 
for standards;  Annex 3 (F), 
Article 8.1 
- The draft Law on TBT (Articles 13, 15, 16)  and amendments No.1  
to  SM1-3 establish a non-discriminatory and cost-based fee 
structure. Annex 3 (M), 
Annex 3 (P), 
Article 8.1,  
Article 10.4 
 
110.  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 Centre for standardization and 
certification. The address was: 
 
 28, Coca str, 
Chisinau city 
Republic of Moldova 
Tel: (373-2) 75 Fax: (373-2) 75-05-81 E-mail: standard @ standart.mldnet.com. Director: Mr. Keptene Pavel 
 
111.  The representative provided further informati on to the Working Party on operation of the TBT 
regime in Moldova in document WT/ACC/MOL/16. 
[112.  The representative of Moldova said that the Government of Moldova was aware that Moldova's 
standards and inspection regime did not yet fully comply with certain requirements of the TBT 
Agreement.  Moldova would take the necessary st eps, prior to its WTO accession, to remedy the WT/ACC/SPEC/MOL/4 
Page 52  
 
 existing deficiencies and would appl y fully the Agreement on Technical Barriers to Trade from the date 
of accession. The Working Party took note of this commitment.] 
- Sanitary and phytosanitary measures 
113.  Some members of the Working Party requested detailed information concerning agricultural 
products, in particular how Moldovan standards and regulations compared with those of the Codex 
Alimentarius (Codex), Organisation of International Epizootics, and the European Plant Protection 
Organisation.  In response, the re presentative of Moldova said that Moldovan standards and regulations 
fully complied with the regulations of the Codex Alimentarius. Moldova was a member of the Organisation of International Epizootics and was us ing its regulations.  Moldova was not a member of 
the European Plant Protection Organisation,. 
114.  In response to requests for information, th e representative of Moldova said that the following 
products required a hygienic certif icate from the State Sanitary-Epidemi ological Service: raw materials, 
machines and equipment the use of which may constit ute 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. The certif icate for domestic goods was issu ed on the basis of relevant 
documentation, including the results of hygienic test s. For foreign products, the certificate was issued 
based on a safety certif icate of the exporting country an d additional tests in Moldova.  
115.  Concerning the veterinary inspection and quarantine requirements that applied to livestock, 
animal products, fish, veterinary drugs and animal feed, the representative of Moldova said that the 
Moldovan Law on Veterinary Activity obliged holders 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 spreading;  (iii)   en sure systematic medical ex amination of personnel and 
prohibiting the employment of sick persons;  (iv)  notify without delay the vete rinary authorities about 
the existence or suspicion of existence of a dise ase 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 acquis ition of animals from other areas of the country and 
keep these animals separate from the existing stock;  (v i)  provide to the veterina ry authorities access to 
the animals for inspection purposes;  (vii)  sell animals, products and m eat 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 oc curred during the last three years in the country of 
exportation;  (ii)  an inspection had been carried  out in the country of exportation by a recognized  WT/ACC/SPEC/MOL/4 
 Page 53 
 
 
 agency, at least 30 days prior to importation;  (iii)  the livestock to be impor ted into Moldova did not 
have any disease;  (iv)  and  the radioactivity of the livestock did not exceed bk/kg. He further added that 
the importation into Moldova of livestock for slaugh tering was only permitted if:  (i)  no dangerous 
infectious diseases had occurred during the last  30 days prior to importation in the country of 
exportation;  (ii)  it was in good c ondition;  (iii)  it had been vaccinat ed against the anthrax disease;  
(iv)  and the radioactivity of the livestock did not  exceed bk/kg. The conditions for the importation of 
fish and seafood products were dete rmined on a case by case basis. No specific requireme nts existed for 
the importation of veterina ry drugs and animal feed. 
116.  The representative of Mol dova presented the following table, containing an overview of the 
regulations, the goods concerned and the competent authority: 
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 WT/ACC/SPEC/MOL/4 
Page 54  
 
 Rules Goods/Objects Competent Authority Certificate 
Issued 
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 : 
1. The competent authority prepared the relevant technical requirements jointly with Moldovastandard. 
Testing and certification for SPS purposes was the co mpetence of the body indicated in Column 3. For 
testing, these bodies could engage the se rvices of accredited State laboratories. 
2. For product standards which were composed of SPS and other non-SPS components, certification for 
conformity with the relevant product standard (c onformity certificate) was done by Moldovastandard on 
the basis of the hygiene certificate (for the SPS components) and additiona l testing (for the non-SPS 
components).  
 
Hygiene Certificate of the State Sanitary-Epidemiological Service: Domestic producers were issued a 
hygiene certificate with a validity of up to three y ears on condition that their production method did not 
change. Importers received a certificate valid only  for the shipment concer ned. Imported goods were 
inspected at the customs office of the district where the importer was registered. Importers of perishable goods could conclude an agreement by which the fo reign production site was issued with a hygiene 
certificate of up to three years’ validity and the goods  were stamped with a spec ial stamp indicating that 
the goods had been produced according to Moldovan SPS requirements. In all case s the issuance of the 
hygiene certificate was subject to examination, either  of the shipment or of the production facilities 
(including the products) and subject to  the same sanitary requirements. 
Import Permit of the Chief State Inspectorate for the Phytosanitary Quarantine
: This document was only 
required for imported goods. Importer s had to present the following docum ents: phytosanitary certificate 
from country of origin; laboratory analysis (in so me cases); certificate about disinfestation or 
disinfection treatment.  
Phytosanitary Certificate of the Chief State Inspectorate for the Phytosanitary Quarantine : This 
document was only required for goods to be ex ported. Exporters had to submit the following 
information: description of the c onsignment; laboratory analysis (in so me cases); indication of possible 
disinfestation or disinfection treatment.  WT/ACC/SPEC/MOL/4 
 Page 55 
 
 
 Veterinary Certificates : Domestic producers were issued an authorization with a validity of up to three 
years on condition that their production method did not change. The facilities we re inspected in random 
intervals during this period. For imported products, every lot imported was inspected. Upon importation 
the importer had to present the sa nitary avis, stamped by the veteri nary authorities of all transit 
countries, the veterinary certificat e of the exporting country and a qua lity certificate issued by the 
producer. The lot would be inspected by the State Veteri nary Inspectorate and, if  cleared, a veterinary 
health certificate was issued. 
117.  In response to add itional questions, the representative of Mo ldova said that hygiene certificates 
issued by competent institutions were recognized.  Moldova recognize d company hygiene certificates if 
the company had concluded an agreement with the re levant Moldovan body.  There were no additional 
tests conducted on foreign goods by the Government of Moldova if these were accompanied by hygiene 
certificates issued by recognized foreign bodies. 
118.  Some members of the Working Party requested more information concerning the structure of 
the relationship between Moldovastandard and the Ministry of Agriculture with respect to the 
development of standards for agricultural products.  The representative of Moldova said that the relevant 
departments of the Ministry of  Agriculture and Moldovastandard created joint committees which 
determined product standards for ag ricultural goods. The standards were  the same for imported and for 
domestically produced goods.  
119.  Some members of the Working Party requested information on the inspection procedures that 
took place at the border for imported  products and during the producti on process for domestic products.  
The representative of Moldova said that sanitary and phytosanitary re quirements 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 issu ed and then at regular intervals. Imported 
goods were inspected by taking samples a nd carrying out tests on these samples.  
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 
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.  WT/ACC/SPEC/MOL/4 
Page 56  
 
 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 stamped the veteri nary authorities of all transit 
countries. Upon arrival every lot was inspected by  taking samples and ca rrying out tests on these 
samples. When goods subject to veterinary requi rements were unloaded (i mportation) or loaded 
(exportation) a representative of  the State Veterinary Inspec torate had to be present. 
120.  In res ponse to additional questions, the representative of Moldova said that an importer wishing 
to appeal against a decision of Moldovastandard would have, in the first instance, to write to the Director-General of Moldovastandard.  Appeals against decisions of the Chief State Inspectorate for the Phytosanitary Quarantine a nd the State Veterinary Inspectorate shoul d be addressed, in the first instance, 
to the head of the organization. In the second instan ce, the importer could file a law suit in the Economic 
courts. 
121.  Concerning transparency, the representative of Moldova stated that  Moldovan standard SM 1-
3:1997 paragraphs. 3.8.1 and 3.8.2 provided for the drafts of standards to be subject to public 
comment during 60 days.  The official publicati on “Buletinul standardizarii” published documents 
drafted by technical committees and informed  the public of time limits for comments. 
122.  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 Centre for standardization and certification. The address was: 
 
 28, Coca str, 
Chisinau city Republic of Moldova Tel: (373-2) 75 Fax: (373-2) 75-05-81 
E-mail: standard @ standart.mldnet.com. 
Director: Mr. Keptene Pavel 
123.  Some members of the Working Party said that there were areas where Mol dova’s SPS regime 
was not fully compatible with the SPS Agreemen t, and asked Moldova to  provide information on 
measures and the timeframe for bringing them in to conformity.  The representative of Moldova 
presented the Working Party with further informat ion on the SPS regime in Moldova in the following 
table.   WT/ACC/SPEC/MOL/4 
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Description of the 
principles and WTO 
reference  
Compliance by Moldova 
1. Standstill: the introduction of new standards, animal 
health regulations and 
food safety regulations shall conform to SPS Agreement principles (general agreed principal in WTO 
accession negotiations). Moldova agrees that any introduction of new standards, animal 
health regulations and food safet y regulations will conform to SPS 
Agreement.  
2. Establishment and 
operation of a single 
Contact Point for Information (“enquiry point”) (Article 7 and Annex B.3). The Supplement (Art. 5) establishes the Main State Inspectorate 
on Phytosanitary Quarantine, the Sanitary-Epidemiological 
Service (Ministry of Health) and the Veterinary Services (Ministry of Agriculture) responsible for th e preparation of the documents 
on SPS measures to be provided in response to any Member’s request through the single inquiry point, which was set up within Department of Standards. 
  
Article 5 of the Supplement stipulates:  The Main State Inspectorate on Phytosanitary Quarantine will 
establish within its field an unit, responsible for supplying through 
the single inquiry point answers to all reasonable questions of 
WTO members, as well as to supply appropriate documents on:  
any phytosanitary regulation adopted or proposed on its 
territory; 
the procedures of determining the risk and the 
corresponding  level of the phytosanitary protection; the commitment or participation of the Republic of Moldova or of the constituting bodies of its territory in the international phytosanitary systems and bodies, as well as the texts of agreements and arrangements. 
3. Transparency: notification and access to documentation 
(Article 7 and Annex B, 
also G/SPS/7): The Supplement outlines WTO compatible notification and 
transparency principles in paragraphs 3,4 and 5 which stipulate the following: 
 
Article 3: 
The Main State Inspectorate on Phytosanitary Quarantine is 
subjected to the Government of the Republic of Moldova and is designated as Central Notification Body, regarding the 
modification of phytosanitary measures and in order to supply 
information about the phytosanitary activity.  Article 4:  
In the case of the absence of an in ternational  standard, directive 
or recommendation, or in case the contents of a standard, directive WT/ACC/SPEC/MOL/4 
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 Description of the 
principles and WTO 
reference  
Compliance by Moldova 
or recommendation do not correspond to the contents of an international standard, directiv e or recommendation, and which 
can have a significant effect on the trade undertaken by other countries, members of WTO, the Main State Inspectorate on 
Phytosanitary Quarantine: 
 
i. publishes an announcement, in an early stage in such a way, as to 
allow the countries-members of WTO to get acquainted with the emerging changes and corresponding regulations;  
ii. will notify the other members, the WTO Secretariat, of products, 
intended to be regulated, together with a short description of the objective and motivation for the proposed regulation. Such notifications are to be done during an earlier stage, when it is still possible to introduce amendments, a nd when it is still possible to 
take into account comments; 
 
iii. will supply, at the request of the members, through the inquiry, 
copies of the proposed regulation, and to the extent possible will identify the elements, differing fundamentally from the 
international standards, directives or recommendations; 
 
iv. at the appropriate time, to supply the countries members of WTO  
written comments at their request, in order to take into consideration the comments and the results of discussions. (see Article 5 presented above) 
(A) identification of authority responsible 
for making 
notifications to the WTO and ensuring transparency obligations are met on an ongoing basis 
(Annex B.5 (b) and 
Annex B.10);  The Main State Inspectorate on Phytosanitary Quarantine will 
undertake notification obligations and will ensure that 
transparency requirements are met on an ongoing basis (see 
Articles 3 and 4 presented above).  
(B) establish guidance or law requiring publication of proposed measures at an early stage for comment 
(Annex B.5 (a)); Principles applied concerning early publication are laid out in 
Article 4, paragraph (i) of the Supplement (see Article 4 presented above). 
(C) provision in law or 
administrative 
procedure to provide copies of proposed measures to WTO Members (Annex B.5 Article 4, paragraph (iii) of the Supplement provides for 
notification and provision of copies of proposed measures to 
WTO Members (see Article 4 presented above).  WT/ACC/SPEC/MOL/4 
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 Description of the 
principles and WTO 
reference  
Compliance by Moldova 
(c)); and 
 (D) require in law or 
administrative 
procedure, a reasonable period of time for comment from Members and the 
public and 
establishment of a process to take comments into account without discrimination 
(Annex B.5 (d)). Article 4, paragraph (ii) of the Supplement provides for a 
reasonable time for comments from WTO Members (see Article 4 
presented above).  
4. Necessity: measures are applied only to the 
extent necessary to 
protect human, animal or plant health (Article 2.2) Article 7, paragraph (ii) of the Supplement requires that 
phytosanitary measures be applied only to the extent to assure the 
appropriate level of protection.  
ii.   for the appreciation or support of certain phytosanitary measures for the realization of the respective level of phytosanitary protection, the Main State Inspectorate on Phytosanitary Quarantin e insures that these measures are  only 
those necessary for exerting the n eeded level of phytosanitary 
protection as determined by the Law on Phytosanitary Quarantine.  
5. Regulations Based on Science: regulations governing animal and plant health and food safety shall based on 
scientific evidence 
(Articles 2.2, 3.3, and 5.2). Article 7 of the Supplement requires scientific evidence to be used 
in taking SPS measures. Article 7 stipulates: While determining the risk, there are taken into consideration the 
scientific proofs, existing in this domain, the methods and 
procedures of production, model inspections, the spread of 
diseases, of plants and weeds pests, the existence of certain zones where there are no quarantine objective, the conditions of the environment, of quarantine regimes and so on.  
6. Harmonization: to the extent possible, members shall follow international standards, 
guidelines, and 
recommendations in establishing SPS measures  (Articles 3.1, 3.3, and 3.4). Articles 2 and 6 of the Supplement address the interest of 
Moldova in following international standards. Article 2 of the Supplement gives the definition of the Harmonization principle:  
Harmonization – establishment, recognition and application of 
phytosanitary measures, common with those applied in other countries, members of WTO.  Article 6 of the Supplement stipulates: 
The Main State Inspectorate on Phytosanitary Quarantine of 
the Republic of Moldova represents  the interests of the State 
regarding the phytosanitary quaran tine in competent international 
organizations and will fully participate in  the activities of international organizations and  th eir subsidiary bodies, especially 
the Commission of the Codex Alimentarius, undertaking its 
activity on the basis of the International Convention for plant WT/ACC/SPEC/MOL/4 
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 Description of the 
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reference  
Compliance by Moldova 
protection, in order to promote within these organizations the elaboration and periodical examination of standards, directives and recommendations regarding all these aspects of phytosanitary measures and their conformity with international standards, 
directives and recommendations. 
 
7. Equivalence: 
members shall 
recognize different measures that achieve the same level of protection (Article 4). The concept of equivalence is recognized in Article 9 of the 
Supplement which stipulates: 
The Main State Inspectorate  on Phytosanitary Quarantine 
recognizes phytosanitary measures of other countries – members of WTO as equal, even when these differ from the domestic ones, and that being proved by their usage, it is possible to obtain an 
adequate level of phytosanitary protection for the Republic of 
Moldova. 
8. Risk assessment: 
developing scientific 
evidence and conducting risk assessments to ensure that measures are based 
on science and applied 
only to the extent necessary to protect health (Articles 5.1, 5.2 and 5.3). Articles 7 and 8 of the Supplement requires that risks be assessed 
and there be development of scientific evidence to ensure that SPS 
measures are based on science and applied only to the extent 
necessary to protect health. 
9. Regional conditions: measures take into account the regional characteristics both of 
the areas from which 
products originate and the areas for which they are destined  (Article 6 and Annexes A.6 and 
A.7). Article 12 of the Supplement a ddresses regional conditions with 
regard to regional characteristics both of the areas from which products originate and the areas for which they are destined. 
Article 12 stipulates: 
The Main State Inspectorate on Phytosanitary Quarantine will 
insure that the measures would be  adopted in accordance with the 
phytosanitary characteristics of the zone – be it totally of a country, a part of the country or the entity or parts of other countries – where the products has its origins and to which it is 
supplied. 
  While evaluating the phytosanitary characteristics of the region, there is going to be taken into account, inter alia, the level of 
expansion of pests and specific diseases, the existence of 
programmes of their fight and ade quate criteria or directives, 
which may be elaborated by the competent international organization. 
10. Non-discrimination: measures do not arbitrarily or unjustifiably discriminate between 
different members or 
between domestic and Article 10 of the Supplement provides for non-discrimination: 
The Main State Inspectorate on Phytosanitary insures that the 
phytosanitary measures would not create discrimination between the countries members of WTO, where there are similar conditions, including the territory of the Republic of Moldova and 
other WTO countries – members. 
  WT/ACC/SPEC/MOL/4 
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 Description of the 
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Compliance by Moldova 
foreign suppliers  (Article 3 and Annex C.1 (a) and (d). 
11. Control, inspection and approval procedures: ensure that procedures, including 
systems for approval of 
the use of additives or for establishing tolerances for contaminants in foods, 
beverages or feedstuffs 
comply with the Agreement (Article 8 and Annex C). Article 11 of the Supplement fully implements the SPS provisions 
regarding control, inspection and approval procedures. 
 
[124.  The representative of Moldova said that Moldova would apply fully the Agreement on 
Sanitary and Phytosanitary Measur es from the date of accession.  The Working Party took note of this 
commitment.] 
- Trade Related  Investment Measures  (TRIMs) 
125. The representative of Moldova stated that in Moldova there were no trade-related investment 
measures of the kind covered by the TRIMS Agr eement.  Moldovan legislation did not contain an 
authority to apply TRIMs, either at  the central or sub-central level. 
- State-trading practices 
126.  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 domestic market and they asked for a 
notification of what each of these companies produced . In response, the representative of Moldova said 
that at the beginning of the transition process large former State companies were automatically 
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. 
127.  Some members of the Working Party asked for confirmation  that Mol dova had no fully or 
partially State-owned enterprises which received any exclusive or special rights or privileges, and that WT/ACC/SPEC/MOL/4 
Page 62  
 
 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 Interpreta tion of Article XVII of the GATT 1994.  In 
response, the representative of Mol dova confirmed that there were no State-trading ente rprises covered 
by the provisions of Article XVII of  the GATT 1994.  Three of the five suppliers of energy in Moldova, 
i.e. Moldovagaz, Moldenergo and Ther mocom, were de facto, but not de  jure, sole suppl iers, and did not 
have any exclusive or special rights or privileges.  
128.  In res ponse to further questions concerning the larg e 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 irrespective 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.  
129. Some members of the Working Party noted that Article 14 of the Draft Foreign Trade Law 
appeared to grant a state monopoly on the import a nd exportation of certain types of goods.  Those 
members asked whether Moldova intended to preserve a state monopoly in the trade of any product.  
In response, the representative 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, some members of the Working Party 
asked whether Moldova intended to notify its stat e trading enterprises under Article XVII of  the 
GATT 1994.   
130. 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 would 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 to ok note of these commitments. 
- Free Zones, Free Economic Zones 
131.  The representative of Mol dova said that the Moldovan legi slation relating to free zones was 
Law No. 1415-XII of 25 May 1993.  They would be  fully subject to future WTO commitments of 
Moldova.  He provided the following table:  WT/ACC/SPEC/MOL/4 
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Location Type Status 
Chisinau free zone operational 
Tvarditsa free economic zone operational 
Giurgiulesti/Danube free zone planned 
Ungheni free zone planned 
Taraklia free zone planned 
Vulcanesti free zone planned 
So far, only two of these zones were operational - Expo-Business-Chisinau and "Tvardita". Current 
activities in Expo-Business-Chisinau zone were split approximately in the following way (data are for 
the first half of 1997 and 1998 respectively): 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.  The portion of 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 total exports accounts for 1.2 per cent.  He said that normal customs formalities, taxes and tariffs applied to goods ente ring the rest of Moldova from a free economic zone 
and a free zone.  He added that there were no speci al eligibility criteria.  All enterprises - domestic, 
joint-venture, foreign and forei gn-owned – were allowed to operate  in the free economic zones and 
take full advantage of the incentives available. 
132.  In response to questions concerning the advantages offered by the zones, the representative of 
Moldova said that Moldovan legislation offered guarantees and privileges to the residents. The Free 
Enterprise's Zone was open for the following licenced  types of activities: organization of fair and 
exhibitions, information and adver tising, leasing, banking and insurance, tourism and hotel business, 
trading and storage business, public catering ser vices, environment-friendly production output. 
Residents enjoyed exclusive customs and tax regim es.  In particular, exemption from customs duties 
for goods and items imported in the FEZ for final consumption.  The profit tax had been set up to 
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.  Resi dents who invested US$250,000 and more in the 
zone's development were relieved from paying profit tax for five years.  The residents had the rights 
accorded by legislation for ten years.  There were no requirements that the output produced in the zones be exported, and there were no domestic content re quirements. Benefits were  not conditioned on export 
performance or import substitution requirements. 
- Government procurement 
133.  The representative of Moldova said that the Law on Government Procurement No. 1166-XII 
had been adopted on 30 April 1997.  The Mold ovan Government did not collect statistics on 
government procurement.  There were three domains of public procurement:  pr ocurement in connection WT/ACC/SPEC/MOL/4 
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 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 pub lic sector procurement market by product type 
available.  The estimated overall value of central government purchasing in 1996 had been 
approximately MDL 200m.  
134.  The representative of Moldova stated  that in accordance with the Mol dovan procurement law 
(Article 2; Article 45 of the Law on Government Pr ocurement) the following institutions were involved 
in the procurement process: procuring entities, en gaged in the acquisition of goods, construction and 
services; the Bureau for Project Assistance and P ublic Procurement, renamed "National Agency for 
Government Procurement" (NAPP).  The NAPP was s upervising and monitoring procuring entities in 
the conduct of procurements and oversaw their comp liance with the provisions of the procurement law 
and other legislative requirements such as regulations, rulings, and orders of gene ral application in this 
area.  Concerning advertising , the representative of Moldova said th at a procuring entity had to solicit 
tenders by publishing an invitation to tender or an invitation for preliminary qualification in the 
Romanian and Russian languages in the Public Proc urement 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 ci rculation (Article 18 and Arti cle 26 of the Law on Government 
Procurement). The invitation to tender  contained, inter alia, specifications of the goods, construction and 
services to be supplied in terms of nature, quantity, place  and time, the criteria a nd 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 vi ew towards identifying qualified suppl iers prior to the submission of 
tenders. Only suppliers that had been  pre-qualified were entitled to pa rticipate further in the procurement 
proceedings. Further details were included in Article 7 of the La w on Government Procurement.  A 
procuring entity should enga ge in procurement of goods or cons truction by means of open competitive 
tendering proceedings as the preferred method of procurement. Under specia l conditions, a procuring 
entity could use the following methods of procur ement (Article 19 of the Law on Government 
Procurement): two-stage tendering (Article 20; Article 40 of the Law on Government Procurement); 
restricted tendering (Article 21; Article 41 of the Law on Gove rnment Procurem ent; specialized 
restricted tendering (Article 22;  Article 42 of the Law on Govern ment Procurement); request for 
quotations (Article 23; Article 43 of the Law on Government Procurement); and single-source 
procurement (Article 24; Article 44 of the Law on Government Procurement. 
135.  In res ponse to questions, the representative of Mo ldova 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  WT/ACC/SPEC/MOL/4 
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 tenders for construction by domestic contractors or for the benefit of tenders  for domestically produced 
goods. The margin of preference could not exceed 10 per cent (Article 37 of the Law on Government 
Procurement).  A system of electronic tendering fo r public procurement had not been set up in Moldova 
yet, but the establishment of a database system fo r availability of data/in formation on tendering was 
foreseen.  The procuring entity had no right to establ ish any criterion, requirement or procedure with 
respect to the qualifications of suppliers that di scriminated against or am ong suppliers or against 
categories thereof on the basis of  nationality (Article  6 the La w on Government Procurement).  
136.  Some members of the Working Party asked whether Moldova would accept the WTO 
Government Procurement at the time of accession.  The representative of Moldova confirmed that 
Moldova would begin negotiations  on the acceptance of the WT O Agreement on Government 
Procurement after accession. 
 
137.  The representative of Moldova stated that upon accession to the WTO, Moldova would seek 
to become an observer to the Agreement on Govern ment Procurement and woul d initiate negotiations 
for membership to the Agreement by tabling an entity offer immediately after accession.  The 
Working Party took note of those commitments.   
- Government-mandated co unter-trade and barter 
138.  The representative of Moldova stated that in order to obtain from its trading partners, whose 
economies were in transiti on, essential products such as energy, metals, machinery and spare parts, 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  
139.  Some members of the Working Party asked whether Moldova would accept the WTO 
Agreement on Trade in Civil Aircraft at the time of accession.   
140.  The representative of Moldova stated that Moldova would accept the Agreement on Trade in 
Civil Aircraft as soon as possible after accession.  Th e Working Party took note of this commitment.  
- Transit 
141.  The representative of Moldova stated, at present, that 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 te rritory to the trade of WTO members as prescribed WT/ACC/SPEC/MOL/4 
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 by Article V of the GATT. The only charges le vied 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 
 - Imports – description of the typ es of border protection maintained 
142.  The representative of Mol dova said that agricultural products could be imported freely into 
Moldova without quantitative restric tions.  Duties applicable to indi vidual products were to be found in 
Moldova's customs tariff. 
143.  Some members of the Working Party asked whether the customs clearance procedures followed 
by the Republic of Moldova reduced to a minimum delays  in clearing import shipments of dairy or other 
perishable agricultural products. In response, the re presentative of Moldova stat ed that the waiting time 
for imports from all countries at the border with Roma nia and Ukraine, on average, did not exceed 30 
minutes. The actual customs clearance took place at the regional customs 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  
144.  The representative of Moldova said that Mol dova granted no subsidies to exports of agricultural 
products.  Moldova did not rest rict or prohibit the export of agricultural products. 
145.  Some members of the Working Party requested information concerning domestic s upport and 
export subsidies. The representative of Moldova submitted the relevant information in document 
WT/ACC/SPEC/MOL/1/Rev.4. 
146.  In res ponse to requests for information, the repres entative of Moldova said that the export 
registration requirement had not  been abolished by Government Decision No. 777 of 1997. 
Internal policies – i.e. description of a nd the budgetary expenditure and any revenue 
foregone involved in each of the domestic support measures in place 
147.  In response to requests for information concerning the grants provided to livestock producers, 
the representative of Moldova explained that although the whole amount of MDL 7.8 million was 
entered in Domestic Support Table DS:7 as a grant, the support had,  in fact, a grant component of  WT/ACC/SPEC/MOL/4 
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 MDL 6.3 million and a loan component  of MDL 1.5 million, as stated in DS:6. The beneficiaries were 
State-owned farms and the di stribution was as follows: 
Component Amount in thousand MDL 
Purchase of high quality breeding animals 856 
Long-term stock-br eeding programmes 50 
Maintaining the livestock genetic fund 634 
Purchase of protein-rich forage 2,500 
Advanced technologies 950 
Animal exhibitions and auctions 320 
Animal registers and books 78 
Credits for forage 1,500 
Other 912 
Total 7,800 
148.  In response to requests for information concerning the grain subsidy included under wheat in 
Domestic Support Table 7, the re presentative of Moldova stated support covered wheat and did not 
confer any financial be nefit to producers of a basic agricu ltural products.  Mo ldova provided no 
product-specific market price s upport on any agricultural products. 
149.  Some members of the Working Party asked whether Mol dova would be making commitments 
comparable to those of developed Members in its accession to the WTO.   In response, the representative 
of Moldova said that even though Moldova considered  itself at the level of development of developing 
countries, as discussed in the Work ing Party, for the purposes of accession to the WTO Moldova would 
need additional flexibility  only in certain areas. 
150.  Some members of the Working party noted that Mol dova provided supporting tables DS:4 
indicating data for years 1995 and 1996. The members expected that since Mo ldova indicated that no 
subsidies were paid in 1994 that it should have incl uded zero figures for this year and provided an 
average, not the sum, of support for the 1994-96 th ree year period (table DS:4). In response, the 
representative of Moldova st ated that in the early period of Mol dova’s transition to a market economy, 
agriculture was still mostly State-owned. Although agricultural s upport was then not identified as such, 
and not paid out of separate budget lines, agricultu ral production was achieved in other ways, including 
the accumulation of considerable losses to the Budget, to the Social Fund and to the employees. Many of 
the losses had to be written off and were eventually  covered by the State. Consequently, including zero 
figures for 1994 would not give a tr ue picture of Moldova’s policy. 
151.  Some members of the Working Party requested information on Mol dova's support programmes 
such as viticulture improvements, liv estock improvements and "improveme nt of fruit tree growing".  In 
response, the representative of Moldova explained th at as a result of the questioning of its level of 
development, Moldova had entered  these programmes as non-exempt direct payments. WT/ACC/SPEC/MOL/4 
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 - Textiles regime 
152.  The representative of  Moldova said that ther e was no special regime for textiles and clothing. 
Moldova permits duty-free import of raw material s for textile and clothing products from the 
European Union, provided the finished products ar e subsequently exported to the European Union 
(inward processing).  This regime applied to all countries. 
 VI. TRADE-RELATED INTELLECTUAL PROPERTY REGIME  
1. General  a)  Intellectual property policy 
153.  The representative of Mol dova stated that since its inde pendence, Moldova had followed a 
policy of developing mutually advantageous relations with all countries of the world.  The national 
legislation had been transf ormed to adjust to international stan dards.  The policy of transition to a 
market economy had largely determined the approach to intellectual property and the extension of the 
rights of its owners Intellectual pr operty rights had become rights of legal persons and individuals.  The 
main directions of the policy ha d been: (i) enactment of special national legislation on individual 
intellectual property rights; (ii) es tablishment of public authorities re sponsible for intellectual property 
rights; (iii) membership in interna tional conventions and treaties on trade-related intellectual property 
rights. The protection of industrial property, the rights of owners of titles of protection and investors had 
been implemented on the basis of the Provisional Regulation No. 456 "On the Protection of Industrial 
Property in the Republic of Moldova" adopted by th e Government in 1993. The titles of protection in 
Moldova were the following: patent s for inventions or improvements of inventions; certificates of 
registration of industrial designs, trademarks and service marks, appellations of origin of goods and 
utility models. The Official Bullet in on Industrial Property Issues  (BOPI) provided information on 
inventions, designs and trademarks claimed and regist ered in Moldova, as well  as on legal acts and 
regulations relating to intellectual property. 
154.  The representative of Moldova presented the Working Party with a further information on the 
TRIPS regime in document WT/ACC/MOL/18.  
155.  The representative of Moldova stated that the Mol dovan Parliament had adopted and published 
resolutions for membership in the following IPR ag reements:  Strasbourg Agreement on International 
Patent Classification;  Locarno Ag reement on the Establishment of an International Classification for  WT/ACC/SPEC/MOL/4 
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 Industrial Designs;  Vienna Agr eement on the Establishment of a Classification of the Figurative 
Elements of Marks;  Nice Agreement on the Intern ational Classification of Go ods and Services for the 
Purposes of the Registration of Marks;  Madrid Ag reement for the Repression  of False or Deceptive 
Indications of Sources on Goods. 
156.  Some members of the Working Party said that the TRIPS Agreement was a f undamental 
component of the obligations undertaken by all WT O Members. These member s expected Moldova to 
implement the WTO TRIPS Agreement fully as of th e date of accession, without recourse to any 
transitional arrangements. The repres entative of Moldova said that Mo ldova was prepared to implement 
the TRIPS Agreement from the date of accession.  A de tailed programme of spec ific legislation required 
to be implemented would be shor tly presented to the Government for approval.  This programme 
foresaw the enactment of the necessary  legislation no later than January 2000.  As a result of the judicial 
system reforms, all the conditions for implementation of the TRIPS provisions had been created.  In 
response to requests the representativ e of Moldova submitted in tabular form a Checklist of Illustrative 
TRIPS Requirements and Complian ce by the Republic of Moldova in  document WT/ACC/MOL/21.   
b) Responsible agencies for policy formulation and implementation 
157.  The representative of Mol dova stated that the main direc tions of policy in the field of 
intellectual property protection we re defined by the State Agency for Industrial Property Protection 
(AGEPI), established on 25 May 1992 by the Decree  of the President Moldova No. 120, and by the 
State Agency for the Protection of Copy right and Neighbouring Rights established on 
25 November 1991 by Decree of  the President of Moldova. 
c) Membership of international intellectual property conventions 
158.  The representative of Mol dova stated that the Republic of  Moldova was a member of the 
following Conventions and treaties: 
- World Intellectual Property Organisation (WIPO); 
- Paris Conventions for the Protection of Industrial Property; 
- Patent Co-operation Treaty (PCT); 
- Madrid Agreement concerning Intern ational Registration of Marks; 
- Hague Agreement concerning the Internationa l Deposit of Micro-organisms for Patent 
Procedure  Purposes; WT/ACC/SPEC/MOL/4 
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 - Nairobi Treaty on the Protection of the Olympic Symbol; and 
- Eurasian Patent Convention. 
In November 1993 Moldova had beco me a member of the WIPO Pe rmanent Committee  on Industrial 
Property Information (PCIPI).  Talks had been  scheduled with the Administration of UPOV 
(International Union of the Protection of New Variet ies of Plants) to discuss the terms of Moldova's 
accession to the UPOV Convention.  AGEPI co-operates with the Eur opean Patent Organisation (EPO) 
and a more formal co-operation pr ogramme was under discussion In addition, AGEPI had signed co-
operation agreements w ith 25 patent offices throughout the world. 
159.  In res ponse to questions concerning Moldova's  future  intentions, the representative of  Moldova 
said that his country intended to become a party to the following international Agreements: 
- Madrid Agreement for the Repression of Fals e or Deceptive Indications of Sources on 
Goods; 
- Protocol Relating to the Madrid Agreement Concerning the International Registration 
of Marks (1989); 
- Lisbon Agreement for the Protection of Appell ations of Origin and their International 
Registration (1958); 
- Strasbourg Agreement Concerning the Inte rnational Patent Cl assification (1971); 
- Nice Agreement Concerning the International Classification of Goods and Services for 
the Purposes of the Registration of Marks (1957); 
- Vienna Agreement Establishing an Intern ational Classification of the Figurative 
Elements of Marks (1973); 
- Locarno Agreement Establishing an Internat ional Classification fo r Industrial Designs 
(1968); and, 
- UPOV Convention.   WT/ACC/SPEC/MOL/4 
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 d) Application of national and MFN treatment for foreign nationals 
160.  The representative of Moldova stated that  Moldova applied the principle of national treatment 
with regard to intellectual property. The exceptions stipulated in Article 19 of the Constitution referred 
to the rights to vote and to be elected, military service and related issues.  
e) Fees and taxes 
161.  The representative of Moldova stated that th ere was a fee payable for patents for inventions, 
utility models, industrial designs, trademarks, and appellations of or igin of goods.  Terms and amounts 
were regulated by the Decree of the Government of Moldova No. 415 of 13 June 1994. The schedule of 
fees for the intellectual property rights were listed  in Annex I of WT/ACC/MOL/4.  Domestic applicants 
paid the amounts quoted denominated in minimum wa ges, foreign applicants paid the Dollar amounts 
quoted or their MDL equivalents. One minimum wage was MDL 18.  Moldova would formulate 
proposals to amend existing legislati on with the aim to eliminate any differences in na tional treatment 
with regard to fees and taxes paid by foreign and domestic applicants. 
2. Substantive Standards of Protection, Incl uding procedures For the Acquisition and 
 Maintenance of Intellectual Property Rights 
- Copyright and related rights, including rights of performers, producers of phonograms 
 and broadcasting organizations 
162.  The representative of Moldova stated that the copying and nei ghbouring rights were governed 
by the law "On Copyright and Ne ighbouring Rights" No. 293 -XII as of 23 November 1994. This law 
protected intellectual property in the domain of lite rature, art and science, expressed in a form that 
allowed it to be reproduced  irrespective of the form , the destination and the value of each work, as well 
as the procedure of its reproduction. As creator, th e author had the exclusive copyright for his work.  
The copyright also included the personal and economi c rights of the author. The personal rights entitled 
the author to the following: (i) the right to paternity; (i i) the right to his name; (iii) the right to the work's 
integrity; (iv) the right to advertise his work or to  allow (or to prohibit) its publication, as well its 
withdrawal. The economic rights gave the holder of th e copyright the exclusive right to the use of the 
work in any form and by any procedure.  The exclusive right of use of the work was defined as the right of the author or other copyright holder to realise, to allow or to prohibit the following activities:  
reproduction of the work; distribution;  public demonstr ation of the work; translation. He added  that the 
copyright owners had the right to prevent the rental of  a copy of a work even after that particular copy 
had been sold and that sound recording producers had a similar right to prevent th e rental of copies of WT/ACC/SPEC/MOL/4 
Page 72  
 
 the sound recordings, even after those copies were sold.   
163.  In response to requests for information, the representative of Moldova stated that audio-visual 
works, computer software, databases, phonograms a nd musical works and compilations of data were 
protected by the same Law on Copyright and Nei ghbouring Rights (Article 6 and 10). The Law granted 
the holder of a copyright  the exclusive right to ex ploit his work in any form and by any means. The 
copyright on audio-visual work was conferred to: writ er of scenario; director/producer; composer as the 
author of the music; cameraman; designer.  The author of a work created before, adapted or included 
without any changes within the audio-visual work, as pa rt of this work, was considered co-author of this 
audio-visual work.  
164.  In response to requests for information concerning protection of copyrights, the representative 
of Moldova stated that under Moldovan law, the pr oducer of a phonogram had the exclusive right for its 
use in any form, including the right to obtain remune ration for its use; the distribution of copies of the 
phonogram; the modification or change of the phonogram;  the importation of copies of the phonogram 
in order to broadcast it. The producer could transfer the right by means of a contract to another person 
(Article 28, Law On Copyright  and Neighbouring Rights). The pe rformer of a phonogram had the 
exclusive right to permit or allow: the recording of an unrecorded performance; the play-back of the 
recorded performance; the transmission of the perfo rmance by radio-electroni c means, cable or other 
means of  communication; the re ntal of a published phonogram; as we ll as the right to defend the 
performance against any disfigurement or contortion or undermining of the repu tation of the performer, 
and to transfer the right by means of a contract to another person (Article 27, Law On Copyright and 
Neighbouring Rights). Broadcasting organizations ha d the exclusive right to use phonograms in any 
form (Article 29, Law On Copyright and Neighbou ring Rights). He added that foreigners enjoyed 
national treatment with regard to these provisions. 
165.  In response to more questions, the representative of Mol dova confirmed that the Moldovan 
Copyright Law 'On Copyright and Neighbouring Righ ts 'No. 293-XII' of November 1994 was in full 
compliance with the require ments of the Articles 1 through 21 of  the Berne Convention (1971) and the 
Appendix thereto as required by Ar ticle 9 of the TRIPS Agreement. 
166.  Some members of the Working party asked to describe in detail any limitations on the exclusive 
rights of copyright owners or owne rs of neighbouring rights. In respons e, the representative of Moldova 
stated that very detailed regulations on the limi tation on the exclusive rights of copyright owners or 
owners of neighbouring rights exis ted and related to: reproduction of works for personal use; 
reprographic reproduction by libraries; free use of works; reproduction of computer programs and 
computer data bases. He added th at details were included in  Chapter III, Articles 20-23 of the  WT/ACC/SPEC/MOL/4 
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 Moldovan Copyright Law, based on the Berne Conventi on. The Law provided for a term of protection 
of copyright and neighbouring rights of 50 years. Arti cle 17(9) and Article 33 of the Law provided for 
the of authors to be protected without limitation in time. 
167.  In res ponse to requests for information concerning th e advantages obtained by the registration 
of a work, the representative of Moldova stated that under Article 8.4 of the Copyright Law, the 
certificate of registration constituted, in the event of  the dispute, a presumption of authorship for the 
court in the absence of proof to the contrary.  
168.  Some members of the Working Party requested the information on how Mol dova restored 
copyright protection for works that were in the public  domain in Moldova, prior to its accession to the 
Berne Convention on 22 July 1995. In response, the re presentative of Moldova st ated  that for works 
which were already in the public  domain by 31 December 1994 the protection was not restored. For 
works whose period of protection was due to expire  after 31 December 1994, th e adjustment was made 
in the following way: if the term of protection for a work by a foreign author that was used in the 
Republic of Moldova was grea ter, under the laws of the country of the author, than the term set out in 
the Moldovan Copyright Law, the term of protection s tipulated by the Moldovan law had to apply; if it 
was lesser, the term of protection stipulated by the laws of the country of the author had to apply 
(Article 17:12, Copyright Law). 
169.  The representative of Moldova said that on 28 January 1998, the Republic of Moldova ratified 
the Treaty on Copyrights and the Treaty on Interpre tations and Phonograms adopted on 20 December 
1996 by Diplomatic Convention.  The Decision of the Government of the Republic of Moldova No. 
524 of 24 July 1995 established a four-year (1995-1998) transition period from the administrative system to the administrating system on the basis of collective principles of patrimonial rights of authors and related rights of owners. According to this Decision, besides the State Agency for Copyrights of the Republic of Moldova an Aut hors and Related Rights Owners Council was set up 
which establishes the level of author remunera tion, adopts samples for contracts and licenses 
regarding turning account of works, interpreta tions, phonograms etc., establishes the level of 
commission remuneration for collection, distributio n and paying off the author remuneration services 
and controls the activity of Agency for paying off the author remuneration.  Organizational work was 
ongoing for setting up a non-governmental organization to  administer the patrimonial rights of the  
authors and related rights owners on the basis of collective principles.   WT/ACC/SPEC/MOL/4 
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 - Trademarks, including service marks 
170.  The representative of Moldova said that the Law On Trademarks and Appellations of Origin of 
Goods No. 588-XII of 22 September 1995 defined a trademark as a sign which served to distinguish the 
products or services of en terprise, legal persons or individuals from the products or services of other 
enterprises, legal persons or individuals. Two kinds  of trademark had been ta ken into account: collective 
marks and certification marks. The trademarks could be: verbal, consis ting of letters, numbers, words, 
names and surnames; pictures, flat or three dimensional; combined, co nsisting of verbal and figurative 
elements. The trademark could be registered in bl ack and white or in colour.  The certificate of 
registration was the title of protection for trademarks in Moldova.  The registration was harmonised with 
the international legal conventions in force.  Th e application for the trademark and the correspondence 
concerning the application should be made at the AGEPI in Moldova.  The other documents of the 
application could be submitted in Moldovan or in any other language on the condition that a translation 
into Moldovan was submitted within two months from the filing date. The trademark was to be valid for 
10 years from the date of the filing of the application.   The filing date of an application was considered 
to be the date on which the application and the bi ll of payment were received by the AGEPI.  The 
objections of third parties had to be made within 3 months from the applica tion date of publication. 
Individuals and legal foreign persons enjoyed the same rights as legal persons and individuals resident in 
Moldova on the basis of the international conventions of which Moldova was a member. 
171.  Some members of the Working Party requested more information concerning the rights 
conferred by a trademark under Moldovan law. In re sponse, the representative of Moldova said that 
Moldovan law granted the owner of a registered trademark throughout the term of the validity of the 
trademark an exclusive right to dispose of and expl oit it as well as the right to prohibit other persons 
from using it on the territory of Moldova(Article 6(1), (2)). He added that the following acts constituted 
an infringement of the rights of the trademark owne r if carried out without hi s consent: the manufacture, 
use, import, offer for sale, sale or any form of mark eting, or holding for such purposes, of a trademark or 
a product designated by such trademark, or the use of a similar sign liable to mislead the consumer, in relation to goods or services of th e same type (Article 6(3)). The exclusive trademark right could not 
extend to elements of the trademar k which, were taken separately. Th ere were no limitations to these 
rights. 
172.  In response to requests for more information, the representative of Moldova said that in the 
Republic of Moldova well known ma rks were protected without regi stration in compliance with 
Article 6 bis of the Paris Convention for th e Protection of Industrial Property and Article 7(4) of the 
Moldovan Law On Trademarks and A ppellations of Origin indifferent to the si milarity of goods or  WT/ACC/SPEC/MOL/4 
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 services.  The use of a trademark was not a condi tion for filing an application or to maintain a 
registration.  In conformi ty with Article 2(1) of Law No. 588/1995, the definition of trade mark includes 
product marks as well as service marks. 
173.  In res ponse to requests for information concerning co lours, the representative of Moldova said 
that Moldovan law did not recognize individual colour s as such as trademarks, but the colour or the 
combination of colours of a word mark or a figurati ve mark were protected as part of the trademark 
(Article 4 and Article 5, Law on Trademarks and Appellations of Origin). A colour was deemed 
identical to a colour protected as part of a tradem ark if through a series of tests it was found similar to 
the point of confusion. 
174.  Some members of the Working Party asked whether if a party believed that its interests would 
be injured by the registration of a mark by anothe r, it was possible for that party to oppose the 
registration or to seek its cancell ation as provided for in Article 15.1 of the TRIPS Agreement. In 
response, the representative of Moldova said that  an opposition of a registration of a trademark was 
possible under Article 17 of the Trademark Law by way of an application to the Appeals Board of the Agency for Industrial Property Pr otection (AGEPI) and su bsequently to the courts. Cancellation of 
registration of a trademark could be requested under Article 26 of  the Law. The registration of a 
trademark could be cancelled at an y time during its term of validity  if it had been obtained through 
infringement of the Law. Any person could subm it to the AGEPI Appeals Board a request for 
cancellation of a registration, for which the Law did not prescribe any time-limits. 
- Geographical indications, including appellations of origin 
175.  The representative of Moldova said that the appellation of origin was defined by the law On 
Trademark and Appellation of Origin  of Goods as geographical name of  a country, region, locality or 
specific place, as well as geographica l or historical appellation which we re due exclusively or essentially 
to the geographical environment, including natural an d human factors.  The appellation of origin could 
also be a word derived from the geographical name of a country or from one of its territorial-
administrative parts. The certificate of registration was the title of protec tion for appellations of origin in 
Moldova.  The right to receive titles  of protection for the ap pellations of origin belonged to individuals 
or legal persons who conducted their activity in the geogra phical area indicated in the application. The 
application had to be filed in the state language.  All parties doing busines s in connection with the 
product associated with the appellation had to apply se parately for the certificat e. The registration of an 
appellation of origin was valid for an unlimited term. An a pplication for registration  of an appellation of 
origin had to be filed with the AGEPI.   WT/ACC/SPEC/MOL/4 
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 176.  Some members of the Working Party requested more details on how geographical indications 
were protected (e.g. against unfair competition, misleading the public). In  response, the representative of 
Moldova stated that the use of a registered geographica l indication was prohibited for any person who 
was not the holder of the registration certificate. The use of products of the same type, of similar 
designation that could mislead consumers as to the place  of origin and special properties of the products 
was also prohibited (Article 22 (2), Law on Trademarks  and Appellations of Origin). Article 7 (2,a) of 
the Law stipulated grounds for refusal to register a tr ademark or an appellation of origin in case they 
were deceitful or liable to mislead the consumer .  There was no additional protection of wines and 
spirits. However, special procedur es for registering wines and spirits which were contained in the 
Governmental Decision No. 760 of 10 November 1995. 
177.  Some members of the Working Party asked if the Government of Mol dova could clarify 
whether protection was granted agains t a geographical i ndication which, although lit erally true as to the 
territory, region or locality in which the goods originat ed, falsely represented to the public that the goods 
originated in another territory. In response, the representative of Moldova said that geographical 
indications which were not literally true as to th e territory, region or locality in which the goods 
originate, and falsely represented that goods originat e in another territory were not registered on the 
basis of article 7(2)a of the Law on Trade Marks No. 588/1995. 
178.  Some members of the Working Party asked if the Government of Moldova intended to 
introduce specific provisions for the protection of geographical indications fo r wines and spirits along 
the lines of Article 23 of the TRI PS Agreement. In response, the representative of Moldova stated that 
Moldova considered the provisions of the Tradem ark Law and of Government Decision No. 760 of 
10 November 1995 to be consistent with Article 23 of  the TRIPS Agreement.  Nevertheless, a special 
provision for the protection of geogra phical indications for wines and sp irits would be included in the 
Law on Trade Marks.   
- Industrial designs 
179.  The representative of Moldova said that under the Provisional Regulation on the Protection of 
Industrial Property any ornamental or  aesthetic aspect of an article w ith an industrial application could 
be registered as industrial design. To register an industrial design an application had to be submitted to 
AGEPI.  Foreign residents, both lega l and natural persons, had to be re presented by the Patent Attorney 
at the time of submitting an application.  The Atto rney's rights had to be confirmed with a power of 
attorney, issued by the applicant. After filing, an  application was subject to: formal examination; 
publication of the application; substantive examination,  if requested; registratio n of industrial design;  WT/ACC/SPEC/MOL/4 
 Page 77 
 
 
 granting of the certificate of regi stration. The registration of an i ndustrial design was granted either 
without substantive examination at the applicant's responsibility, or after substantive examination. 
180.  The representative of Moldova further said that the title of protection for the industrial design in 
Moldova was the certificate of regist ration.  The certificate of industri al design registra tion conferred to 
the owner the exclusive right of its use on the territory of Moldova as well was the right to prohibit or to allow third persons to carry out w ithout authorisation the following ac tions: reproduction; fabrication;  
sale or importation of the industrial products in which it was incorporated. Pr otection was valid for ten 
years from the date of the filing of application wi th the AGEPI and may be renewed for five years. 
181.  In response to requests for more informa tion the representative of Moldova said that the 
criteria for protection of industrial designs included the independent creation of an industrial design as 
well as the condition of being new and original. In orde r to be protected industrial designs had to differ 
from known designs or combinations of known design fe atures (Article 4; Article 6(1) of the Law On 
Protection of Industrial Designs). He  added that textile designs were  protected in the same way as 
industrial designs i.e., they could be registered as a design or i ndustrial model if they had a new 
appearance and utility function. There were no limita tions provided on protecti on of industrial designs. 
- Patents 
182.  According to the law " On Patents for Inventions" No. 461-XII as of May 18, 1995 a patent for 
invention could be granted for a new product or meth od as well as for the utilisation of a product or a 
method known before with a new purpose.  The word  "product" meant: equipment, substance, micro-
organisms, cellular cultures of plan ts and animals. He added that at  present in Moldova new animal 
breeds were protected in the same  way as inventions.  The adoption of a "Law on Breed Protection" was 
expected in the future. 
The following were not regarded as inventions: 
- scientific theories and mathematical methods; 
- conventional signs, rules, schedules; 
- methods of perforating purely mental acts; 
- methods of economic organisation and administration, 
- algorithms and computer software. WT/ACC/SPEC/MOL/4 
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 - aesthetic creations (designs), 
- topographies of integrated circuits; 
- plant or animal varieties. 
Patents could not be granted for inventions which violated accepted standards of public morality. 
183.  The representative of Mol dova said that the priority date of  the inventions was the date the 
application was submitted.  The application had to include the following documents: a request with 
information concerning the applicant and his successor in title, three copies; description, three copies; 
claims, three copies; drawing and graphics, if necessary, three copies.  All application materials had to be submitted in Moldovan.  The description, claims and drawings  could be submitted in French, 
German, English or Russian, but a Moldovan translat ion had to be presented within two months from 
the date of submission of the application at the AG EPI. AGEPI was authorised to grant patents without 
substantive examination on the appl icants responsibility. Applicants ha d the possibility to request the 
substantive examination provided that the respective fe es were paid during the validity of the period of 
the patent.  In Moldova the patent or invention was valid for 20 years.  The owner was obliged to pay an 
annual fee for maintenance of his patent in force duri ng all the all tile period of validity of the patent. 
The extent of the protection confer red by the patent was defined by th e claims, in conne ction with the 
description and drawings. 
184.  In response to requests for more information, the representative of Mol dova said that a holder of 
a patent had the exclusive right on the invention protec ted by the patent which c onsisted of the right to 
use the invention, provided the usage did not interfere with the rights of other pa tent holders, to dispose 
of the patent and to forbid others to use the inve ntion protected by the patent (Article 22(1), Law On 
Patents for Invention) He added that under Moldovan  law there was no condition to work a patent. In 
civil infringement proceedings involving process pa tents, TRIPS Article 32 provided that judicial 
authorities had the authority to order the defendant to prove that the process to obtain an identical 
product was different from th e patented process.  
185.  Some members of the Working Party asked whether there were any provisions on compulsory 
licensing and government use.  In response, the representative of Moldova explained that if the 
invention had not been used for three years since the patent had been issued, or it had not been 
sufficiently used by the holder, the person who wish ed to utilise the invention could submit a request to 
the court or arbitrage to be awarded a non-exclusiv e obligatory licence.  In the interest of national 
security, the Moldovan Government had the right to au thorize the use of the invention by third parties 
without the consent of the patent holder, paying the latter an adequate financial compensation.  The  WT/ACC/SPEC/MOL/4 
 Page 79 
 
 
 holder had the right to contest the amount of compen sation in the court (Artic le 33(4), Law On Patents 
for Invention).  He added that processes were protected under Moldovan law on the same basis as 
products.  At a later stage he noted that draft amendmen ts to the law to bring it into conformity with the 
provisions of Article 31 of the TRIPS Agreement had be en prepared to permit issuing of a compulsory 
licence in certain narrowly defined circumstances.  If such a licence was issued the Agency was required to take steps to inform the patent holde r about the decision concerning the grant of a non-
exclusive compulsory licence; the Agency was require d to record the decision in the National Patent 
Register; notify the issuance of the licence in the Official Bulletin with in 3 months following the date 
on which they were entered in the National Patent Regi ster.  He further noted that if the holder of a 
non-exclusive compulsory licence had not used the li cence within the year following the grant of the 
licence, the non-exclusive compulso ry licence may be cancelled.   
186.  In res ponse to requests for more information, the representative of Mo ldova confirmed that 
Moldova did not have a provision corresponding to Articl e 34 of TRIPS, however it planned to adjust its 
legislation prior to WTO accession. 
- Plant variety protection 
187.  The representative of Mol dova stated that the Government adopted a Law On Plant Variety 
Protection which entered into force on 28 November 1996.   It superseded the "Provisional Statute of 
Industrial Property Protection in Moldova".  The Law provided for special pr otection of plant varieties. 
Protection was granted on the basis of certificates issued by the State Commission for the Testing of 
Plant Varieties.  The term of pr otection was 25 years for trees, fruit trees and ivy - wines and 20 years 
for plant varieties and other species, with the possible extension for a further ten years.  The Law granted the exclusive rights of exploitation to the pate ntee which were listed in Article 13 (Law on Plant 
Variety Protection). Moldova had also became a member of UPOV.  
- Layout designs of integrated circuits 
188.  The representative of Moldova stated that legislative protection was granted only for genuine 
layouts and not for ideas, processes, systems, technology or coded information which could be 
embodied in layouts. Layout rights were accorded by the certificate of th e layout registration.  
Registration was made without substantive examinat ion.  The certificate wa s valid for ten years. 
189.  Some members of the Working Party requested more information concerning the rights 
acquired by the holder of a certificate of the layout  registration. In respons e, the representative of 
Moldova said that presently there were no provisions governing layout-designs of integrated circuits. A WT/ACC/SPEC/MOL/4 
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 Draft Law on Layout Designs of In tegrated Circuits which would comp ly with relevant international 
agreements  was in preparati on and would be submitted to the Working Party in due course. 
- Requirements on undisclosed information,  including trade secrets and test data 
190.  The representative of Moldova said that in Mol dova commercial secrets we re protected by the 
Law on the Protection of the Comme rcial Secret, No. 171 adopted by Parliament on 6 June 1994.  
Information was considered a commercial secret if: (i) it had real or potential value to the economic 
agent; (ii) access to it was restricted; (iii) was marked , by stamp or otherwise as confidential;  (iv) was 
not covered by the provisions on copyright or patents.  Special provisions applied for state secrets and 
matters of national interest . He added that commercial secrets were  protected as long as they satisfied 
the listed criteria. There were no limitations on th e protection and no compulsory licensing provisions in 
the Law. 
191.  Some members of the Working Party asked whether Mol dova protected unrecorded undisclosed 
information, including information passed orally only to those involved in an operation with a need to 
know. The representative of Moldova said that , although the Law on the Commercial Secret also 
protected unrecorded undisclosed in formation, the Moldovan authoriti es responsible for licencing  
intellectual property generally required that confiden tial information submitted in connection with the 
application for licences, registration certificates, etc.,  was recorded and marked for purposes of clarity. 
192.  In response to requests for information concerning marketing of pharmaceuticals and 
agricultural chemical products, in the context of the Paragraph 3 of TR IPS Article 39, the representative 
of Moldova stated that the marketing of pharmaceuticals and agricultural chemical products which 
utilised new chemical entities wit hout registration of intellectual pr operty rights was only subject to 
approval by the Ministry of Health or the Ministry of Agriculture, respectively.  He added that Moldova 
did not require the submission of undisclosed test or other data as a condition of approving the 
marketing of products mentioned in the question. In  order to import and sell agricultural chemicals in 
Moldova, an importer had to obtain an import licence and a hygiene or conformity certificate. For the 
importation of pharmaceutic als, Moldova required a import licence.  In addition, pharmaceuticals to be 
imported had to be registered. Th e National Pharmaceutical Institute of the Ministry of Health had 
issued an information leaflet for foreign producers describing in detail the registration procedures.  
- Any other categories of intellectual property 
193.  The representative of Moldova stated that the Republic of Mol dova recognised utility models if 
they concerned the constructive ex ecution of means of production and of consumer goods or their  WT/ACC/SPEC/MOL/4 
 Page 81 
 
 
 component parts and if they had novelty and industri al applicability. The right  to a utility model was 
confirmed by the certificate of regi stration. The utility model applica tion had to be filed at the AGEPI 
and it should have contained the fo llowing documents copies: a reques t with information concerning the 
applicant (inventor), or his successor in title; descri ption; claims; drawing and graphics, if necessary. 
Those documents ensured the priority rights of the ap plication from the date of filing the application at 
the AGEPI. 
194.  The representative of Moldova further explained that in the case of refusal, a patent application 
could be transformed into a utility model application with an initial priority date.  In this case, the 
applicant must, after 3 months from the decision of refusal but not later than 4 years from the filing of 
the application, file a request for utility model re gistration for the same object at the AGEPI with the 
priority request of the initial filing date. The transf ormation of a utility model application into a patent 
application for the invention was possible up to the acceptation prior to the decision for utility model 
registration.  In this case the priority date would be  the date of the initial deposit. The certificate was 
valid for five years from the filing date.  
3. Measures to Control Abuse of Intellectual Property Rights 
195.  The representative of Mol dova stated that enforcement pr oceedings were available under 
existing Moldovan laws and permitted effective action against in fringement on intellectual property 
rights.  The initiative for action against infringement was up to the holder of the property right.  The Customs Control Service was allowed to hold back  copies of works and phonograms introduced or 
taken out without license.  Provisions for special me asures by customs concerning the infringement of 
right of intellectual property rights were at the stage of preparation. 
4. Enforcement 
- Civil judicial procedures and remedies  
196.  The representative of Moldova said that the legislation in force provided for the possibility to 
pursue infringements on intellectual property rights and regulated the presentation of proof.  The 
principle of competition and presumption of innocence  applied.  A Court system existed in which the 
competence of tribunals depended on the type of di spute to be considered. Contesting parties had the 
possibility to solve disputes  by recourse to the services of arbiters, one was permanently available in the 
AGEPI. 
197.  In res ponse to more questions, the representative of  Moldova explained that while Moldovan 
Civil Law contained general provisions relating to prope rty rights, the specific provisions relating to the WT/ACC/SPEC/MOL/4 
Page 82  
 
 protection of intellectual property rights were contained in the re spective Moldovan intellectual property 
rights laws. 
198.  Some members of the Working Party asked to describe the structure of the court system in the 
Republic of Moldova and the tribuna ls having jurisdiction over disput es involving intellectual property 
rights. In response, the representative of Moldova st ated that jurisdiction for Intellectual Property Rights 
in Moldova rested, depending on the particular cas e, with: (i) the ordinary courts, against whose 
judgments appeals could be submitted to the Court of  Appeals and ultimately to the Moldovan Supreme 
Court; (ii) the Economic Court in Chisinau, where appeals could be submitted  to the Economic Appeals 
Court and ultimately to the Moldovan Supreme Court. 
199.  In response to requests for more information, the representative of Mol dova explained that 
when a right-holder believed that hi s intellectual property rights were injured he could initiate a civil, 
penal or administrative case in the courts. In cases of  fraud or similar cases the public prosecutor could 
also initiate a separate case under the Penal Code of Moldova. Th e normal rules on evidence governing 
civil litigation in Moldova applied to intellectual property right cases. The person found guilty of an 
infringement could be sentenced to pay a fine, da mages or compensation. If it was appropriate, the 
injured party could have also requested that th e goods or the equipment used to produce the goods 
concerned be destroyed or rendered incapable of th e use which infringed on his rights(see Article 25, 
Trademark Law).  
200.  Some members of the Working Party requested more information about the remedies that could 
be taken with regard to counterfeited trademark goods. In response, the representative of Moldova 
stated, that at the request of the injured party, the equipment and material used unlawfully to reproduce and affix the trademark or appellation of origin conc erned  was to be prohibite d for use of that purpose. 
Stocks of infringing signs reproducing the mark or ap pellation of origin had to be destroyed and marks 
or appellations unlawfully affixed to products had to be removed, even if that led to the destruction of 
the products.  In accordance with Article 25, paragr aph 2 of the Law on Trademarks and Appellations of 
Origin of Products, if the simple removal of the mark does not exclude the possibility of misleading the consumers, the products shall be destroyed.  For copy right piracy such measures  included the seizure of 
infringing copies of works or phonograms or the materi als and the equipment used  for their manufacture 
and reproduction.  Article 51 of the Code on Administrative Infringements provides for fines of up to 
30 times the minimum wage to a person committing an  intentional infringement of a copyright or 
neighbouring rights for gain and having caused cons iderable prejudice to the holder of the right. In 
addition, Article 38(8) of the Copyright Law provi des for confiscation of the goods involved.  The 
present legislation established measures of criminal responsibility for the international infringement of  WT/ACC/SPEC/MOL/4 
 Page 83 
 
 
 copyrights and related rights, which caused considerab le material damages.  The judicial authorities, 
at the request of the right holders will undertak e measures immediately after customs clearance of 
such goods according to Article 51 of the Administra tive Contraventions Code  and Article 141 of the 
Criminal Code. 
- Provisional measures 
201.  According to present legislation, respectiv ely Chapter 13, Articles 135-142 of the Code of 
Civil Procedure, the judicial authority may unde rtake measures to issue an injunction if the 
participants at the dispute request so.  The issue of an injunction is permitted at any stage of the 
process.  The infringement of stipulated interdictions is sanctioned with a penalty of ten to twenty five 
minimum salaries.  The plaintiff has the right to ask  the redress of damages caused by the to issue the 
injunction.  The application to issue an injunctio n was examined in the same day without notifying the 
person complained against.  Appeals could be laun ched regarding all the resolutions related to the 
issue of the injunction.  In conformity with Article 142, the redress of damages caused by the issue of 
the issuance of the injunction was permitted. 
202.  Some members of the Working Party requested the Government of Moldova to explain in 
details the procedures for provisional measures. In re sponse, the representative of Moldova stated that 
provisional measures were obtaine d by written application from the injured party or the public 
prosecutor to the court or the arbitration body reque sting such measures. Provisi onal measures included: 
(i) order to the infringing party to stop the manufa cture, reproduction, sale, rental, import, etc. of 
infringing objects until the court or the arbitration body had decided the case; (ii) seizure of infringing 
objects; (iii) seizure of ma terials and equipment used to produce th e infringing objects; (iv) seizure of 
accounts and other documentation that could be used  as evidence in the inquiry. Whether or not a 
provisional measure was granted depended on whether su fficient evidence of an  infringement of an 
intellectual property right had been presented. 
- Any administrative procedures and remedies  
203.  Some members of the Working Party asked for information on the administrative procedures 
and remedies available to holders  of intellectual property rights. The representative to Moldova 
explained that Article 51 of the Code on Administ rative Infringements provided for fines of 10-75 
minimum salaries and confiscation of goods in case s of violation of an exclusive industrial rights. 
Article 152.2 of the same Code provided for a fine of 25 minimum salaries and confiscation of goods in 
cases of false utilisation of trademarks. WT/ACC/SPEC/MOL/4 
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 - Any special border measures 
204.  The representative of Mol dova said that the adoption was foreseen of appropriate standards 
conceding the procedures allowing the right holder to request the competent customs authorities to 
withhold the release into circulation of materials which infringe on intellectual property rights.  
205.  In res ponse to requests for more information, the re presentative of Moldova stated that at the 
present time no indication of the time-frame for ad option of provisions on bor der measures could be 
made.  A draft law on border enforcem ent measures had been submitted to Parliament in the form of an 
amendment of the Customs Code. 
- Criminal procedures 
206.  The representative of Moldova stated that articles 34 and 35 of the Law on Patents for Invention 
defined those acts that were subject to criminal a nd civil punishment in the form of imprisonment of up 
to two years (Article 34) with the possibility of paying a penalty instead of imprisonment, or only the 
penalty (Article 35) and also pres cribing compensation for the damage caused to the right holder for 
profits lost and for the liquidation of the goods or tran sfer of them to the patent owner. Other measures 
were provided by the Law on the protection of Cons umer right No. 1453 of May 25, 1993 as well as by 
the Articles of the Criminal code: 
 141  -  infringement of inventor's rights;  158 -  unlawful utilisation of trademarks;  122  -  misappropriation of the owner's property by swindle;  
 220  -  acquisition or sale of property obtained by crime; 
 200  -  obstruction or damaging of post ers, public declarations, notifications, 
advertisements of the Code conc erning administrative infringements. 
207.  Some members of the Working Party asked for information on the criminal procedures and 
penalties applicable to the unlawful  utilisation of trademarks, as provid ed by Article 158 of the Criminal 
Code.  In response, the representative of Moldova said  that the procedures in these cases were the same 
as for ordinary criminal offences. 
208.  Some members of the Working Party asked Moldova to describe the criminal procedures and 
penalties applicable to copyright piracy on a comme rcial scale. In response, the representative of  WT/ACC/SPEC/MOL/4 
 Page 85 
 
 
 Moldova said that according to Article 38(12) of the Copyright Law, a person committing an intentional 
infringement of a copyright or neighbouring rights for gain and having caused co nsiderable prejudice to 
the holder of the right was liable to a term of impris onment of between one and three years or to a fine 
of between 100 and 1000 times th e minimum wage or both.   
209.  The representative of Moldova stated that Moldova would fully apply the Agreement on 
Trade-related Aspects of Intellectual Property Rights from the date of accession to the WTO.  The 
Working Party took note of this commitment.   
 
VII. POLICIES AFFECTING TRADE IN SERVICES 
210.  The Government of Mol dova provided the description of the services regime in the 
Memorandum on the Foreign Trade ci rculated in document WT/ACC/MO L/2.  Moldova submitted the 
initial offer on services in document WT/ACC/SPEC/MOL/2/Rev.2. 
211.  In response to requests for information, the representative of Mol dova said that only limited 
data were available on Mol dova's services sector and its trade in services.  Ma ny services had remained 
largely unregulated, particularly in relation to any distinction between domestic and foreign supply.  He 
said that the new Government Decision No. 859 da ted 13 August 1998 On Regulation of Certain Types 
of Activities in the Republic of Mo ldova authorised the following bodies specified in the table below to 
issue the licences for engaging in certain types of activities.  These licenses were issued only for engaging in the activities listed a nd did not establish any limitations on the quantities of products. 
Institution Activity 
Ministry of Finance Import and wholesale of alcohol beverages,  
Import and wholesale of tobacco products,  
Import and sale of petrol and diesel. 
Ministry of Agriculture and Processing 
Industry Import and trade of chemical  and biological products and 
fertilizers for plants. 
Department of Standards, Metrology and Technical Supervision.  
 Import, utilization, storing and sale of chemical reagents, 
liquefied gas and toxic chemical substances and with danger of deflagration,  
Import, export, production a nd utilization on the territory 
of Moldova of the ozone depleting substances,  Import, deposit, exploitati on and utilization of ionic 
radiation sources radioactive materials. 
More generally Moldovan laws and re gulations 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 represen tative offices. Every bank, domest ic or foreign-owned, which was WT/ACC/SPEC/MOL/4 
Page 86  
 
 licensed in Moldova was allowed to engage in fi nancial leasing (Article 26, Law on Financial 
Institutions No. 550-XIII of July 21 1995). 
212.  In res ponse to requests for information, the repres entative of Moldova explained that although 
initially, the open competition for the supply of insu rance services was permitted, the amendment to the 
Law on Insurance from 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 could not exceed 49 per cent.  Every comp any 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 Regul ation "On the Issue of Licences for Insurance 
Services" from 17 November 1995. 
213.  The representative of  Mol dova stated that the Law "On Banks and Banking Activities" No. 
601-XII of June 12 1991 (with subsequent amendmen ts) defined the banking system of Moldova as 
including the National Bank of Moldova, commercial banks and other credit institutions.  The notion of 
credit institutions covers legal pers ons and individuals that were i nvolved in banking transactions. In 
1991 a two-tier banking system with the National Ba nk of Moldova serving as the central bank was 
established.  The activity of th e National Bank had been regulated by the Law "On the National Bank" 
No. 599XII of June 11 1991 (with amendments) and ha d been controlled by Parliament. Commercial 
banks duly licensed by the National Bank could open branches and regi onal offices throughout 
Moldova.  The banking sector was open to foreign banks which were allowed to set up subsidiaries, 
branches or representative offices.  In banking joint- ventures, the foreign partner had to be a bank which 
contributed its capital in foreign currency. 
 
VIII. INSTITUTIONAL BASE FOR TRADE AND ECONOMIC RELATIONS WITH 
THIRD COUNTRIES 
214.  The representative of the Re public of Moldova stated that Moldova had concluded a number of 
bilateral and multilateral agreements which provide  the legal framework for the development of trade 
and economic relations between Mold ova and its partners.  These ag reements aimed at promoting, 
facilitating and developing commercial exchange s and economic co-operation, were based on the 
principles of equality and reciprocal advantage agre ements and re lated to foreign trade in goods and/or 
services.   WT/ACC/SPEC/MOL/4 
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 215.  In response to requests for information, the representative of Moldova said that the Agreement 
of Partnership and Co-operation with the European Union had not yet been ratified by all members 
States of the European Union.  The interim agre ement did not contain any provisions with restrict 
Moldova's ability regarding market access and nationa l treatment for goods and services. Furthermore, 
under the Textiles and Clothing Agreement with the EU , Moldova textile and cl othing products could 
enter the European Union (EU) market without quota limitations.  The Agreement also provided the 
European Communities with non-discri minatory treatment in the applica tion of quantitativ e restrictions, 
the granting of licences and the allocation of currency  needed to pay for imports. The representative of 
Moldova confirmed, that this non-discriminatory tr eatment was also available to other WTO Members 
on a most-favoured-nation basis (Government De cision No. 689 of 8 November 1993, amended by 
Government Decision No. 421 of 20 June 1995). 
216.  The representative of Moldova informed the members of the Working Party that the preferential 
access for raw materials, including bottles and marked  packages, in connection with inward and outward 
processing had been extended to all countries. Th e detailed regulations gov erning the import of raw 
materials in connection with inward  and outward processing were set out  in Annex 4 of the Government 
Decision No. 777 of 1997.  
217.  Some members of the Working Party recalled Article XXIV of the GATT 1994 permitted 
exceptions to Article I in the case of economic inte gration agreements provided that the conditions of 
Article XXIV and the respective Understanding were met.  The members of the Working Party asked 
Moldova to ensure that a framewor k agreement towards the creation of  a custom union with several CIS 
countries would be consistent with  the WTO Agreement. In response, the representative of  Moldova 
stated that the Government of Moldova supported economic integrat ion within the CIS.  It was 
Moldova's intention to ensure that the customs union and the steps leading to it would be in conformity 
with the provisions of Article XXIV of the GATT 1994.  Moldova woul d provide information 
concerning all its agreements in the format used by the WTO Committee on Regional Trade 
Agreements. 
218.  Some members of the Working Party requ ested information on the scope of the duty free 
treatment accorded in each agre ement; 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 the informat ion on the free trade agreements signed with CIS 
countries and Romania was under preparation.   Some  members of the Working Party also requested a 
schedule describing the state of all preferential agreements presently held by Moldova, and a 
description of their compatibility with the relevant provisions of the WTO Agreement.  In response, WT/ACC/SPEC/MOL/4 
Page 88  
 
 the representative of Moldova stated that the requested detailed information requested was under 
preparation.  
[219. The representative of Moldova said that Moldova would observe all WTO provisions, 
including those of Article XXIV of the GATT 1994 and Article V of the GATS in its trade agreements, and would ensure the notification of th e provisions of these agreements to the WTO.  The 
Working Party took note of this commitment.]. 
TRANSPARENCY 
- Publication of Information on Trade in goods and services 
220.  Some members of the Working Party requested the information concerning the special 
information facility outlined in Article 21 of th e Law on Foreign Trade Activity. In response the 
representative of Moldova stated th e special trade informat ion facility outlined in Article 21 of the Law 
on Foreign Trade Activity had been activated within the Ministry of Economy and Reforms.  
221.  The representative of Moldova said that Moldova would implement the transparency 
requirements of Article X of the GATT 1994.  All th e relevant laws and regulations as described in 
Article X of the GATT 1994 would be published pr omptly in "Monitorul Oficial al Republicii 
Moldova" which was main publication for this purpo se.  Other decisions or regulations in specific 
areas were published in specialized newspapers or  magazines.  A general rule (according to the 
provision 76 of the Constitution of the Republic of Moldova) applied that no law, decision or 
regulation was enacted and implemented without prior publication.   
222.  Some members of the Working Party requested information on how Moldova would be able 
to fully apply the transparency requirements of the GATS, including GATS Article III.  In response, 
the representative of Moldova stated that Governmental Decision No. 1104 of 28 November 1997 provided that all laws, governmental decisions and other legal documents would enter into force only 
after their publication thus ensuring compliance with Article III (1) of GATS.  The information centre 
that would be established at the Ministry of Economy and Reforms could serve as a central GATS 
inquiry point. Other similar inquiry points woul d be established in other governmental institutions, 
such as the Ministry of Finance, National Bank, Ministry of Transport and Communications thus 
ensuring compliance with paragraphs 3 and 4 of Artic le III of GATS.  In addition the representative of 
Moldova confirmed that it will undertake all necessary  measures to ensure full application of other 
transparency requirements of the GATS, including GATS Article III.   WT/ACC/SPEC/MOL/4 
 Page 89 
 
 
 - Notification 
223. The representative of Moldova stated that Moldova would provide a ll initial notifications 
required by any Agreement constituting part of the WTO Agreement at the latest upon the entry into 
force of its Protocol of Accession.  The Work ing Party took note of this commitment.   
[Conclusions] 
[224.  The Working Party took note of the explan ations 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 certain specific ma tters which are reproduced in paragraphs [8, 13, 
22, 24, 27, 42, 54, 56, [58], 65, [75], [83], 84, 88, 91, 98, 103, [112], [124], 130, 137, 140, 209, [219] and 223] of this Report.  The Working Party took no te that these commitments had been incorporated 
in paragraph 2 of the Protocol of Accession of Moldova to the WTO.] 
[225.  Having carried out the examination of the foreign trade regime of Moldova and in the light of 
the explanations, commitments and concessions 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 Protocol.  It is proposed that these texts be adopted 
by the General Council when it adopts the Report.  When the Decision is adopted, the Protocol of 
Accession would be open for acceptance by Moldova which would become a Member thirty days after it accepts the said Protocol.  The Working Part y agreed, therefore, that it had completed its work 
concerning the negotiations for the accession of Mo ldova to the Marrakesh Agreement Establishing 
the WTO.] 
[to be completed] WT/ACC/SPEC/MOL/4 
Page 90  
 
 APPENDIX 
 
ACCESSION OF MOLDOVA 
 
Draft Decision
 
 
 
 The General Council,   Having regard
 to the results of the negotiations di rected towards the establishment of the 
terms of accession of the Republic 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, that the Republic of Mol dova may accede to the Marrakesh Agreement 
Establishing the World Trade Organization on the terms set out in the said Protocol.  WT/ACC/SPEC/MOL/4 
 Page 91 
 
 
 PROTOCOL OF ACCESSION OF MOLDOVA 
TO THE MARRAKESH AGREEMENT ESTABLISHING THE  
WORLD TRADE ORGANIZATION  
 
Draft  
 
 
 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, Moldova 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 [224 ] of the Working Party Report, shall be an integral part of the WTO Agreement. 
 
3. Except as otherwise provided for in the paragr aphs referred to in pa ragraph [224] 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. 
 WT/ACC/SPEC/MOL/4 
Page 92  
 
 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. 
 
Part II - Schedules
 
 
5. The Schedules annexed to this Protocol shall 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 …. 
 8. This Protocol shall enter in to force on the thirtieth day following the day of its acceptance. 
 9. This Protocol shall be deposited with the Director-General of the WTO.  The Director-
General of the WTO shall promptly furnish a certifie d 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 acco rdance with the provisions of Article 102 of the 
Charter of the United Nations. 
  Done at Geneva this ... day of   .... one thousand nine hundred an d ninety nine, in a single copy 
in the English, French and Spanish languages eac h text being authentic, except that a Schedule 
annexed hereto may specify that it is authen tic in only one or more of these languages.  WT/ACC/SPEC/MOL/4 
 Page 93 
 
 
 ANNEX 
 
SCHEDULE – REPUBLIC OF MOLDOVA  
 
Part I - Goods 
 
[to be completed] 
  
Part II - Services 
 
[to be completed] 
 
__________