WT/TPR/M/428/Add.1  
27 September  2022 
(22-7234) Page: 1/72 
Trade Policy Review Body  
20 and 22 July 2022  Original: English/anglais/inglés  
 
  
TRADE POLICY REVIEW  
MOLDOVA  
MINUTES  OF THE MEETING  
Addendum  
Chairperson: H.E. Mr. Ángel Villalobos (Mexico)  
This document contains the advance written questions  and additional questions by WTO 
Members , and replies provided by  Moldova .1 
 
 
Organe d'examen des politiques commerciales  
20 et 22 juillet 2022  
EXAMEN DES POLITIQUES COMMERCIALES  
MOLDOVA  
COMPTE RENDU DE LA RÉUNION  
Addendum  
Président : S.E.  M. Ángel Villalobos (Mexique)  
Le présent document contient les questions écrites communiquées à l'avance par les 
Membres de l'OMC, leurs questions additionnelles, et les réponses  fournies par  Moldova .1 
 
 
Órgano de Examen de las Políticas Comerciales  
20 y 22 de julio de 2022  
EXAMEN DE LAS POLÍTICAS COMERCIALES  
MOLDOVA  
ACTA DE LA REUNIÓN  
Addendum  
Presidente: Excmo.  Sr. Ángel Villalobos (México)  
En el presente documento figuran las preguntas presentadas anticipadamente por escrito  y 
las preguntas adicionales de los  Miembros de la OMC,  así como las respues tas facilitadas por  
Moldova .1 
 
 
 
 
 
1 In English only./En anglais seulement./En inglés solamente.  WT/TPR/M/428/Add.1  
 
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   Contents   
SINGAPORE  ................................ ................................ ................................ ......................  3 
ICELAND  ................................ ................................ ................................ ..........................  5 
CHINA  ................................ ................................ ................................ ............................  10 
CANADA  ................................ ................................ ................................ .........................  19 
EUROPEAN UNION  ................................ ................................ ................................ .........  22 
UKRAINE  ................................ ................................ ................................ ........................  32 
RUSSIAN FEDERATION  ................................ ................................ ................................ ... 43 
UNITED STATES  ................................ ................................ ................................ .............  46 
UNITED  KINGDOM  ................................ ................................ ................................ ..........  58 
TÜRKIYE  ................................ ................................ ................................ ........................  62 
INDIA  ................................ ................................ ................................ ............................  64 
 
 
 
  WT/TPR/M/428/Add.1  
 
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  SINGAPORE  
PART I:  QUESTIONS REGARDING THE SECRETARIAT REPORT  
QUESTION:  
4.1.3 Regulatory framework and policy instruments  
Page 78 (Para 4.9)  
 
1. The WTO Secretariat Report notes that "the National Strategy for Agricultural and Rural 
Development for the Years 2014 -2020 aimed to increase sector competitiveness while supporting 
economic development in rural areas…A new strategy for 2022 -27 is being de veloped and pending 
approval, according to the authorities."  
 
Does the strategy involve collaborations with trade partners in the agri -tech sector? If so, are there 
specific areas within agri -tech that Moldova is looking at in particular?  
 
Moldova's  answer:  We appreciate Singapore 's interest in Moldova 's agri -tech s ector. Shall be noted 
that the relevant strategy doesn 't involve the cooperation with the economic agents in the field of 
agricultural information technologies. This policy document focuses on the development of the given 
technologies as a strategic direct ion for the development of the sector but not as cooperation with 
economic agents or other partners since this role belongs to the business environment.  
 
However, as a general remark, shall be mentioned that at the Governmental level, Moldova is 
seeking e nhanced cooperation with its trade partners and main donor partners with the purpose of 
development and modernization of its main priority sectors of economy.  
 
PART II:  QUESTIONS REGARDING THE GOVERNMENT REPORT  
QUESTION:  
2.3.1 MSMEs and regulatory, tax a nd administrative reforms  
Page 13 (Para 2.78)  
 
2. The WTO Government Report notes that "Moldova could further support the innovation 
activities of SMEs and their transition to the green economy."  
 
Could Moldova share more on the intended initiatives to su pport innovation for SME development 
and for SMEs to transition to the green economy? As part of these plans, will there be measures to 
encourage international partners to collaborate with Moldovan SMEs in this area?  
 
Moldova's  answer : During the recent y ears Moldova took important steps in support of innovation 
for SMEs development and transition to a greener economy. Shall be noted that we already 
implemented a series of projects with the help of Organisation for the Development of Small and 
Medium Enter prises (ODIMM) In this sense, and recently the organization together with donors 
partners launched a new program on digitalization/ innovation of MSMEs. The Future Technologies 
Activity in Moldova, funded by USAID and Sweden, is a five -year, USD 32.8M flag ship program 
spurring the development of the digital, creative, and green economy in Moldova. FTA (2021 -2026) 
will work in partnership with stakeholders in the information and communication technology (ICT), 
engineering, light industry, creative, and digit al media sectors, harnessing innovation and new 
technologies to drive Moldova's competitiveness and integration with global markets.  
 
Under this program partners plan during the years 2022 -2026:  
 
● To develop and implement a Programme on the Digital Transf ormation of SMEs;  
● To develop, launch and implement a Programme fostering digital innovation and technological 
start-ups.  
 
MSMEs from Moldova need expertise and mentorship to become aware of the investments in the 
digital and innovative technologies and this partnership shall bring added value to the business 
sector in Moldova, thus contributing to the increase of entrepreneurial culture, degree of 
digitalisation, technological transfer, know -how and competitiveness of economic operators on the 
domestic a nd external markets. By implementing the two ambitious initiatives in the area of 
digitalisation, our intention is to connect the MSMEs sector to innovation, thus ensuring a synergy 
between the demand and offer.  
 WT/TPR/M/428/Add.1  
 
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  Additional information: ODIMM, USAID and Sweden have joined efforts to connect the businesses in 
Moldova to the new digital era - Organizaţia pentru Dezvoltarea Sectorului IMM . 
 
The Organisation for the Development of Small and Medium Enterprises (ODIMM) is a national public 
institution under the Ministry of Economy and an initiative to support the SMEs in Moldova at all 
stages of business development and exploit their potential so that they become competitive, dynamic 
and sustainable. ODIMM is currently running 12 State Programmes for Business Support. The 
majority of these programmes provide training, funding and mentorship in an integrated manner.  
 
More information on projects could be found following the link: PRIMA - Organizaţia pentru 
Dezvoltarea Sectorului IMM (odimm.md) . 
 
 
 
 
 
  WT/TPR/M/428/Add.1  
 
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  ICELAND  
What is the participation of women in the economy of Moldova?  
Moldova's  answer:  The Republic of Moldova periodically prepares reports on the gender factor in 
entrepreneurial activity. The last report was prepared in 2020 based on statistical data from 201 8. 
Details on the conclusions of the Report can be consulted by accessing the following link:  
https://statistica.gov.md/newsview.php?l=ro&idc=30&id=6724  
Among them are:  
- the share of women who own or manage businesses was 33.9% (6.4 pp more than in 2009);  
- although women's participation in entrepreneurship has improved over the last 8 years, wome n 
continue to represent a little -used growth potential and a minority in the business community owning 
and managing about 33.9% of enterprises;  
- women more often than men have micro businesses (90.3% versus 82.3%) and rarely own medium 
and large businesse s (1.3% versus 3.3%);  
- women's preferred branches of business development are retail and services  
- only 14.4% of entrepreneurs in 2017 were under 35, and the participation of young women in 
entrepreneurial activities is even lower - about 14.1%  
- compare d to 2009, there was an increase in the share of entrepreneurs with higher education and 
higher by about 3.8 percentage points for women and a decrease of 0.7 percentage points for men, 
although the share of women entrepreneurs with higher education is low er with 0.5 p.p. compared 
to the share of male entrepreneurs;  
- Male-run businesses train employees more often than female -run businesses;  
- the share of married women entrepreneurs is 10.2 p.p. lower, the share of divorced - 2 times 
higher, and those with  children younger than 7 years - by 7.9 p.p. smaller;  
- Women rarely start businesses on their own initiative (12.1 pp less) and more often turn to family 
members (11.8 pp more)  
- women are more likely to start businesses in retail, services, hotels and re staurants, and men in 
agriculture, construction, transport and storage and ICT.  
The full analytical report on the participation of women and men in entrepreneurship can be 
consulted by accessing the following link:  
https://statistica.gov.md/public/files/publicatii_electronice/Antreprenoriat_feminin/Antreprenoriat_
Femei_Barbati_2020.pdf  
Have specific barriers that limit w omen 's participation in trade been identified?  
Moldova's  answer:  According to the data from the Study, the following impediments were 
mentioned:  
1. The lack of childcare services has been most frequently mentioned by entrepreneurs as an 
obstacle to women's involvement in business.  About 55.7% of entrepreneurs totally or partially 
agreed that the lack or insufficiency of childcare services is an obstacle to women's involvement in 
business. 57.6% of women consider all or part of this to be an obstacle,  compared to 54.7% of men.  
2. Another impediment to women entrepreneurs is the excessively high burden of women in the 
family (54.4%), it was considered a partial or total obstacle by 53.0% of men and 57.1% of women.  
3. Stereotypes present in society were totally or partially considered an obstacle to the involvement 
of women in business in the proportion of 43.2%.  WT/TPR/M/428/Add.1  
 
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  4. 40.3% of entrepreneurs consider as a partial or total impediment the fact that the education of 
girls in the family is not orien ted towards the development of entrepreneurial qualities and 
leadership.  
5. 40.2% of entrepreneurs consider as an impediment the fact that the peculiarities of female 
character (fear of risks, distrust of their own strength) are an impediment to the involv ement of 
women in business.  
Has Moldova implemented any specific measures to encourage women 's participation in 
trade and promote women 's entrepreneurship, or are such measures being developed?  
Moldova's  answer:  In order to achieve priority policies on gender equality and economic 
development, in September 2016 the Pilot Program "Women in Business" was approved 
(Government Decision no. 1064/2016), which aims to promote entrepreneurship among women, 
especially in rural areas, the development a nd growth of their businesses, increasing access to 
financial resources, services and modern technologies.  
The program provides for participation in each stage of business development, as follows:  
1. Starting a business: women who plan to start and registe r their own business in the next 12 
months after applying to the Program.  
2. Newly created businesses: Enterprises registered in less than 2 years, created and managed by 
women.  
3. Growing companies: Companies active for more than 2 years, which are create d and managed 
by women and plan to increase turnover and /or the number of employees in the next 18 months, 
by expanding the market, export and innovation.  
Based on the mentioned Program, calls for project proposals take place annually, as a result of whic h 
the projects that benefit from state funding are identified.  
Are the effects of trade policy on women and men measured and monitored, and if so, 
how?  
Moldova's  answer:  The results of the implementation of the projects financed under the mentioned 
program  are evaluated annually on the basis of progress indicators.  
Thus, following the implementation of the projects during 2021, the following indicators were 
registered:  
- 96 investment projects  were approved for financing;  
- 17.6 million lei  - the amount of grants approved for financing;  
- 27.2 million lei  - the expected volume of investments in the economy;  
- 307 jobs  created and maintained;  
- 222 women  - were trained.  
Additional information provided by the Ministry of Labour:  
What is the pa rticipation of women in the economy of Moldova?  
Moldova's  answer:  The period until 2018  
The economic activity of men in the labor market is higher than that of women, but the discrepancy 
in the level of participation has gradually narrowed over time.  Between 2003 and 2018, the activity 
rate of men decreased slightly faster than that of women, which led to a certain convergence of 
participation levels.  During this period, the activity rate of men decreased from 59% to 45%, and of 
women from 47% to 36%.  As the employment rate of men decreased slightly faster, the gender 
gap for this indicator decreased from 12 p.p. in 2003 at 9 p.m. in 2018. Eliminating this gender gap WT/TPR/M/428/Add.1  
 
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  in labor market participation indicators, although not very significant, could contrib ute to increasing 
labor supply.  
Higher economic activity in the male labor market is also manifested in a higher level of 
unemployment among men compared to women. The level of constant unemployment has been 
higher among men than among women, but this gap has narrowed recently.  The reduction of the 
gap in the last period is not a unique and long -lasting trend, but it is a characteristic for the periods 
of economic growth and general decrease of unemployment in the national economy.  
The gap between the unemp loyment rate for men and women widens sharply during periods of 
economic shocks, almost exclusively due to the much more significant increase in the level of 
unemployment among men than among women. Then, in periods of economic growth, the gender 
gap gradu ally decreases, due to the faster decrease of HR in men.  For example, after the economic 
crisis of 2009, the unemployment rate for men practically doubled from 5.5% to 9.9% in just two 
years, while the unemployment rate for women increased from 3.8% to 6.4  %. The same scenario 
was repeated in 2015. After 2015, in a period of economic growth, the gender gap was reduced 
again to only 1.2 pp, but in light of a new economic shock related to COVID -19 will deepen from 
new. 
Higher economic activity among men has a lso caused a more intense migration in search of a job 
abroad compared to women.  After 2008, the number of men involved in external migration processes 
increased almost synchronously as did the number of women, but still the number of women grew 
slightly f aster.  Thus, in the decade 2008 - 2018 the number of men who went abroad in search of a 
job increased by 38.4%, and the number of women by 43%. At the same time, in the period before 
2008, the number of men who went abroad was much higher than that of wome n and for this reason 
the share of men in the total population abroad is higher. Throughout the period 2008 –2018, the 
share of men in the stock of the population abroad has practically not changed and has fluctuated 
around 65%.  
Structural changes in the level of training of men and women were also reflected in the labor market, 
but without any reduction in the gender gap.  
In the period 2003 –2018, the share in the total employed population of both women with higher 
education and men increased. The share of  women with higher education increased from 24.5% to 
31.5% of the total employed women, and for men the evolution was from 19.8% to 25.8% of the 
total employed men.  
Period 2019 -2020 
In the period 2019 -2020, no essential variations in dynamics were observed  in the degree of activity 
of men and women compared to previous periods.  Men continue to have a higher employment rate 
than women, with a gap in rates in favor of men of about 7.7 pp. in 2019 and 8.1 p.p. in 2020.  Thus, 
there is a slight increase in the d ifferences in employment rates by gender in 2020 compared to 
2019.  
Similar to previous periods, a higher level of unemployment is maintained for men than for women. 
Compared to 2019, the unemployment rate for both sexes is declining, similar to the decreas ing 
trend of the unemployment rate recorded in the total economy.  The higher level of education of 
women among the employed population continues to outpace that of men. The share of the 
employed female population with higher education is clearly higher tha n the share of the male 
employed population with the same level of education.  Thus, women with higher education, 
employed in 2020, constitute 33.2% of the total employed female population, ie with 9.4 pp. more 
than the share of men in higher education.  There is also a slight increase compared to 2019 in the 
share of the employed female population with higher education, while the share of men remains 
almost at the same level. Also, the confirmation of the fact that women have a higher level of 
education amon g the employed population, is attested by a higher share of women with an average 
level of specialization than men. On the other hand, men have a higher share than women in the 
employed population with a secondary level of vocational training. These aspect s are also determined 
by the structure of men's employment by economic activities.  WT/TPR/M/428/Add.1  
 
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  Thus, it is found that men have a higher share of employment in agriculture, construction and 
transport, as a result of the complexity of physical work required to carry out  economic activities in 
these sectors. The share of employed women prevails in the areas where physical effort is less 
required, namely: public administration, health, social assistance and trade.  
During the pandemic crisis, the positions held by women wer e more affected, the employed female 
population decreasing at a rate twice as fast as that of men. Thus, the employed female population 
decreased by 6% in 2020 compared to 2019, while the employed male population decreased by 
almost 3%. The decrease in wom en's employment was determined by the reduction of the population 
employed in trade and construction, agriculture, areas that were most affected by the COVID -19 
pandemic crisis and drought.  
Despite the fact that women on average had a higher level of educa tion than men, the pay gap is 
not in their favor. Between 2014 and 2020, gross monthly earnings increased approximately to the 
same extent for men and women (about 2 times). At the same time, the report between the average 
gross monthly salary of a woman h as fluctuated around 85 - 88% of the average monthly salary of 
a man, in recent years there has been a certain decrease in this report.  
In conclusion, it is found that the labor market in the Republic of Moldova is characterized by the 
presence of gender g aps, some of them amplifying only over time.  Men are more active in the labor 
market and receive on average a higher salary than women. At the same time, higher economic 
activity of men results in higher rates of external migration among men, but also in a  higher level 
of informal employment.  In addition, men are mainly present in either occupations that require very 
high or very low qualifications. Also, over time, the gap in the level of training between men and 
women is widening, the employed female popu lation having on average a more advanced level of 
education. Reducing these gaps in education and occupations would also lead to a balanced income 
in terms of gender.  
As related to the participation in economy, according the recent studies on 'Women in 
business ', in Moldova, women -owned businesses are  concentrated, first, in retail trade, 
followed by services and wholesale trade. Their lowest concentration is in hotels and restaurants, at 
4.4 percent of all women - owned businesses, which is less than the ir representation in construction. 
For both sexes, the biggest industry concentrations are in retail and services (a total of 58 percent 
for men and 53 percent for women). Both men and women have a very small presence in the 
hotel/restaurant. The two bigge st gender gaps are in wholesale trade, where women vastly 
outnumber men, and in construction, where the reverse is true. The industry concentrations within 
genders, however, do not give a full accounting of relative size. Looking at the number of firms, fo r 
instance, provides additional insight into which industries are male or female -dominated. Since 
female -owned firms represent only about 27 percent of all enterprises, we would expect the male -
owned firms to be much more numerous across the board, but the  industry concentrations show 
that retail, services, and construction to skew more heavily toward male - domination than in other 
industries.  
While females do start businesses at a much lower rate than males, female -owned firms appear to 
be more stable, les s likely to fail, as evidenced by the large difference in the number of male -owned 
firms between the micro and small business level. As women -owned businesses in Moldova grow, 
however, the overall share of female ownership declines to the point where they lose majority 
ownership at the medium -sized level.  
SMEs are unequally distributed across the country, with about 64.9% operating in Chisinau, the 
capital, and 4.7% in Balti, the second largest city. Entrepreneurial activity is significantly more 
pronounced  in Chisinau, with 42 SMEs per 1 000 inhabitants versus just 6.7 SMEs per 1 000 
inhabitants outside of Chisinau.       
According to the study Conditions for Enterprise Creation and Development: "Gender Analysis ", 
women entrepreneurs relatively more often m anage/own microenterprises: the share of women 
entrepreneurs that belong to this group of enterprises is 79.4%, while the proportion of men is 
67.8%. At enterprises of other sizes, men would appear as entrepreneurs relatively more often.  WT/TPR/M/428/Add.1  
 
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  As defined by the International Labour Office (ILO) unemployment rate in 2017 was of 4.1%, varying 
very little over the last 4 years. Unemployment rate makes it possible, by comparison, to identify 
the groups of people who most actively seek to enter the labour market. Thus , young people are 
more active than adults, men more active than women, urban residents more active than rural 
residents.  
It is evident that 3 out of 10 employed women are young (between 15 -34 years) and 6 out of 10  are 
of working age (between 35 -64 years) . 3 out of 10 have higher and vocational or specialized 
education. 6 out of 10 are employed in the public sector. 3 out of 10 are highly skilled professionals 
and 4 out of 10 are low -skilled and skilled workers.  
Every second leader is a woman, and half of them are young and at a fertile age (15 -44 years). 
7 out of 10 women in a leadership position have a higher education diploma. Also 6 out of 10 leaders 
from public administration, healthcare and education are women. 2 out of 3 women hold leadership 
positio ns in the public service sector. Each 4th respondent believes that women are not promoted 
to higher positions.  
According to the interviewed stakeholders, the main challenges met by young women 
entrepreneurs from our region are:  the discrimination of women in business, which is a result of 
patriarchal heritage. The young women do not see it as a gender problem, but as a problem for their 
youth. However, through communication with the older population, which still makes the majority 
of decision makers, this p roblem is very present. So, it should be the first priority to change the 
current mindset that is anchored in society. To do so, there should be early programmes in the 
education system, encouraging girls to get involved in STEM and MINT subjects;  
• the comp atibility of career and family;  
• another important issue that needs to be addressed by policymakers is childcare. Mothers 
need to become much more flexible and this can only be achieved through the appropriate 
policy framework;  
• lack of tailored support pro grammes to women, as they are disadvantaged in terms of the 
provision of financing;  
• lack of knowledge and skills, entrepreneurial education and courses, as they do not know 
how to create a budget or put funds aside in order to start a business;  
• women are v ery often dependent on the support of mentors and need special counselling 
for their personal, "female path" which deals with the special needs and obstacles of 
women (women are risk -averse, often lack courage, need more communication, etc.);  
• furthermore,  there must also be tax incentives and special support programmes for women 
as only such measures lead to the promotion of entrepreneurship among young women; 
lack of understanding how important it is to promote women entrepreneurship and 
empower women, wh o represent half of the voting population. More, the support to women 
entrepreneurship means contributing to the well -being of society, creating new jobs and 
increase the employability of young people;  
•  lack of success stories to act as examples, role mode ls; 
•  lack of self -confidence.  
 
 
  WT/TPR/M/428/Add.1  
 
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  CHINA  
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT  
Page 17, Para 1.21.  
Between 2020 and 2021, the authorities introduced several other measures to support households, 
workers, and firms, such as income support, wage subsidies, subsidies for enterprises, grants 
facilitating access to credits by businesses, and provision of affordable financing (Table 1.4 
Government relief and support measures).  
 
Question 1:  
Do government relief and support measures such as tax relief and enterprise support apply to all 
enterprises despite sizes?  
 
Moldova's  answer:  Indeed. The support measures apply to all enterprises despite sizes.  
 
Page 18, Para 1.23.  
The financial account recorded net inflows during the review period in creasing as a share of GDP in 
2020, and declining again in 2021 (Table 1.2). This was attributable to increasing direct investments 
until 2019 before they declined significantly in 2020 and partially recovered in 2021. Other 
investment flows dominate the f inancial account since 2016 (Table 1.5). The net inflows recorded in 
2021 were a result of the net increase of residents' liabilities to non -residents by USD 1,147 million 
generated by actual transactions, as well as the net decrease of residents' external  financial assets 
by USD 455 million. The Republic of Moldova's change in reserve assets to GDP varied during the 
review period from –4.0% of GDP in 2015 to +5.3% in 2020 and +1.5% in 2021 (Tables 1.2 and 
1.5).  
 
Question 2:  
Since 2016, the negative curren t account balance was financed primarily by "other investment " 
inflows. Please elaborate on what "other investment " comprises.  
 
Moldova's  answer:  Other investment includes other equity, currency and deposits, loans, trade 
credits and advances, other accounts receivable/payable. Please find supplementary details bellow.  
Supplementary table: Other investment components (USD million)  
 2015  2016  2017  2018  2019  2020  2021  
Other investment  65.68  -831.41  -892.22  -1 182.04  -746.53  -1 528.27  -1 563.14  
Other equity    0.56     
Currency and deposits  77.66  -494.05  -528.67  -707.70  -532.70  -855.86  -636.96  
Loans  -20.80  -130.33  -123.26  -120.62  -90.26  -453.20  -285.40  
Trade credits and advances  4.35 -172.93  -236.89  -357.72  -127.57  -223.21  -410.30  
Other accounts receivable/payable  4.47 -34.10  -3.96 4.00 4.00 4.00 4.00 
Special drawing rights        -234.48  
 
P27, Para 2.13.  
In December 2018, the Parliament approved a new development strategy, Moldova 2030, replacing 
the Moldova 2020 strategy in place at the time of the previous Review. Aligned with the UN Agenda 
for Sustainable Development, the Moldova -EU Association Agreement, and the DCFTA, it focuses on: 
(i) developing a sustainable and inclusive economy; (ii) strengthening human and social capital; (i ii) 
making the institutions more efficient and fairer; and (iv) ensuring the fundamental right to a healthy 
and safe environment for citizens.The Government also aims to accelerate investment and to 
increase and structurally diversify exports, both through  its use of industrial platforms, Free 
Economic Zones (Section 2.2.1), and the Strategy for Investment Attraction and Export Promotion 
for 2016 -2020 (Section 2.4)  
 
Question 3:  
Could Moldova please explain whether the new strategy Moldova 2030 includes any content related 
to Traditional Chinese Medicine ?  
 
Moldova's  answer:  By the decision of the European Council of June 23, 2022, the Republic of 
Moldova obtained the status of a candidate country for EU membership. In this regard, the National 
Development Strategy 2030 is currently in the process of reconceptualization and up dating. 
Government approval of the document is planned in the third quarter of 2022. We will be able to 
provide concrete information on the provisions of the Strategy, once it is finalized. As a preliminary WT/TPR/M/428/Add.1  
 
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  response, shall be noted that no content related to Traditional Chinese Medicine is currently included 
in the draft strategy.  
 
Page 28, Para 2.18.  
The Republic of Moldova considers regional trade agreements (RTAs) as important supplements to 
the multilateral trading system established under the WTO, all owing further integration and 
increased trade cooperation with other economies. The Republic of Moldova particularly aims to 
exploit its geographic position between the European and Asian economic areas  
by implementing and negotiating new RTAs, an importan t priority for the Government, according to 
the authorities. During the review period, the RTA with Türkiye entered into force in 2016 and the 
Republic of Moldova signed an RTA with the United Kingdom in 2020 (entering into force in 2021), 
bringing the num ber of RTAs in force to 15, covering 46 partners: Albania, Armenia, Azerbaijan, 
Belarus, Bosnia and Herzegovina, the European Union (EU -27), Georgia, Kazakhstan, 
UNMIK/Kosovo18, the Kyrgyz Republic, North Macedonia, Montenegro, the Russian Federation, 
Serbia, Tajikistan, Türkiye, Turkmenistan, Ukraine, the United Kingdom, and Uzbekistan.  The 
Republic of Moldova is currently negotiating FTAs with the European Free Trade Association 
(negotiations were launched in March 2021) and China (since 2017).  
 
Question 4: 
We notice that Moldova has already signed RTAs with all its major trade partners, and the trade 
between free trade partners accounts for a relatively high proportion in Moldova 's foreign trade. The 
question is whether Moldova will continue to regard the  conclusion and implementation of new free 
trade agreements as its policy priority in the following years. For the FTAs being negotiated, we 
would like to know Moldova 's work plan and schedule.  
 
Moldova's  answer:  There is no a specific plan for the negotiations of FTAs. When entering the 
negotiations on an FTA with a trading partner, the Government is guided by the interest of business 
environment for a specific market as well as the estimated economic advantage. Currently, the 
Republic of Moldova is  in the negotiation process with EFTA countries.  
 
Page 30, Para 2.26  
In 2021, the Government introduced a requirement for large investments (including increases in 
qualified shareholding, concession contracts, or PPPs) in sectors of importance for state se curity (in 
particular, energy - and infrastructure -related) to obtain prior approval from the Council for the 
Promotion of Investment Projects of National Importance to increase transparency regarding such 
investments.  
 
Question 5:  
We would like to know whe ther the requirement for large investments in sectors of importance for 
state security will raise industry barriers to entry and increase investment risks and costs. How can 
Moldova ensure that the requirement is not targeted at particular foreign investor s?  
 
Moldova's  answer:  The Republic of Moldova has in force a mechanism for the examination of 
investments, established by Law No. 174/2021 on the mechanism for the examination of investments 
of importance for state security, adopted by the Parliament on 21  November 2021. The Law No 
174/2021 applies equally to local and foreign investors.  
 
More than that, the Law No.  81/2004 on investments in entrepreneurial activity – which establishes 
the legal, social and economic principles of organization and developmen t of investment activity in 
the Republic of Moldova, the rights and obligations of investors, the powers and competence of 
public authorities in the field of investment activity, the guarantees granted by the state to domestic 
and foreign investors, the me thod of settling investment disputes, as well as regulations on the 
activity of enterprises with foreign investments – provides, inter alia:  
 
- Non-discrimination of investments - investments may not be subject to discrimination, 
regardless of the field o f activity or state of origin of the investor, while investors are granted equal 
and fair conditions of activity;  
- Freedom of making investments - investors (domestic and foreign) may place their 
investments throughout the territory of the Republic of Mo ldova in all areas of entrepreneurial 
activity, while the Republic of Moldova ensures a regime of full and permanent security and 
protection of all investments (domestic and foreign), regardless of their form;  WT/TPR/M/428/Add.1  
 
- 12 - 
 
  - Registration, operation, and dissolution of  enterprises with foreign investments - the 
procedure for registration, operation, and dissolution of enterprises with foreign investments is 
similar to the procedure for registration, operation, and dissolution of domestic enterprises.  
 
Page 47, Para 3.70 .  
Export restrictions are managed through export licensing requirements. Similar to the import 
licensing regime, an export licence is not consignment -specific, but an exporter -specific 
authorization for activities. Most types of export licences are issued  by the Public Services Agency 
while export licences for wild animals/plants, and endangered species of wild fauna and flora are 
issued by the Environmental Agency.  
 
Question 6:  
Please elaborate on Moldova's intentions and standards of setting requirements  for export 
restrictions on wild animals/plants, and endangered species of wild fauna and flora.  
 
Moldova's  answer:  Procedure for the authorization of export and import activities of plants and 
animals from wild flora and fauna, parts and derivatives there of, and import / export or re - export 
of species of fauna and flora regulated by the Convention on International Trade in Endangered 
Species of Wild Fauna and Flora (CITES) is provided in the Law No.  439/1995 and the Law No.  
239/2007.  
 
Import and export of plant objects, parts and accessories thereof, collected from wild flora, live, 
fresh or semi -processed, are allowed only on the basis of the agreement for the import or export of 
objects of the plants, issued by the Environment Agency.  
Import, ex port, re -export and transit of objects of the plants, governed by the Convention on 
International Trade in Endangered species of wild fauna and flora (CITES) are allowed only based 
on the CITES permit/certificate, issued by the CITES management body – Environmental Agency.  
The import/export Agreement is issued free of charge within 15 days of submission complete set of 
documents, only for a single transaction, and is valid for 3 months from the date of issue.  
 
The CITES import, export, re -export or transit permit/certificate is issued only for a single transaction 
and is valid for 6 months from the date of issue. The list of documents on the basis of which the 
environmental agreement or the CITES certificate is issued are expressly indicated in the Law of th e 
Animal Kingdom, the Law of the Plants no. 439/1995 and the Procedure for authorizing the export 
and import activities of plants and animals of wild flora and fauna, their parts and derivatives, and 
import/export or re - export of species of fauna and flo ra regulated by the Convention on 
International Trade in Endangered Species of Wild Fauna and Flora of extinction CITES published in 
the OFFICIAL GAZETTE, 2002, Nr. 96 -99 art. 221.  
 
Contravention Code of the Republic of Moldova no. 218/2008 to Chapter IX INFRINGEMENTS IN THE 
FIELD OF ENVIRONMENTAL PROTECTION provides the sanctions for cases of collection or 
destruction, illegal trade in plants, capture or destruction of animals included in the Red Book of the 
Republic of Moldova and in the annex es to the Convention on International Trade in Wild Fauna and 
Flora on extinction (CITES), as well as for infringements of export or import rules.  
 
Page 51, Para 3.88.  
 The ISM formulates an annual National Standardization Program for developing Moldovan standards 
(including non -Moldovan standards adaptation). Any person, legal entity, government agency, or 
organization may submit proposals to ISM for developing/amending/revising a Moldovan standard. 
All draft standards including adoption of European or in ternational standards are prepared by various 
standard technical committees, and published on ISM's website for a 60 -day comment period. Once 
a Moldovan standard is approved/adopted, a period of six months is usually given between the final 
publication and  entry into force.  
 
Question 7 ： 
Is the Annual National Standardization Program formulated by ISM publicly available? If yes, how to 
get it?  
 
Page 52, Para 3.90.  
Standards designated mandatory by Government Decisions are technical regulations....  
 WT/TPR/M/428/Add.1  
 
- 13 - 
 
  Question 8 
How many standards are designated mandatory by Government Decisions as technical regulations 
by now? How to acquire relevant information?  
 
Moldova's  answer  Q 7 and Q 8: Annual National Standardization Program (NSP) after its 
coordination with the Standa rdization Council, and the approval of the ISM Director is made publicly 
available by placing it on the ISM website.  
National Standardization Program for 2022, as well as the NSP of previous years are available on 
the link: https://standard.md/?page_id=32 35&lang=en  
 
In the Republic of Moldova the standards are voluntary, except when they are subject to a technical 
regulation. Therefore, following the Government Decision in a certain field, the standards do not 
become technical regulations but are part of these regulations becoming mandatory for 
implementation for subjects covered by regulation.  
- Actually, more than 5 000 of standards are designated mandatory by Government Decisions as 
being part of technical regulations.  
 
In order to inform the intereste d parties about the documents at the stage of public examination, 
they are placed on the platform www.particip.gov.md by the responsible authority in different fields. 
ISM also examines the platform on a monthly basis in order to identify references to sta ndards and 
after the approval and publication of the act in the official monitor ensures traceability in the internal 
database of ISM as they are identified or received.  
 
Another method used in connecting information at the national level in order to facil itate its use by 
standard users is described in the Law on national standardization no 20 from 04.03.2016 (art.6, 
letter r) „endorsing, at the request of public authorities, draft legislative and normative acts related 
to standards and standardization, inc luding draft lists of Moldovan standards adopting harmonized 
European standards or lists of other Moldovan standards referred to in legislative acts and 
regulations ". 
 
Page 52, Para 3.93.  
The authorities note that the Republic of conformity assessment proc edures are designed in 
accordance with international standards and EU Directives. Conformity certificates must be issued 
by a Moldovan -accredited conformity assessment body, an EU -accredited certification body, or 
foreign -accredited laboratories as recogni zed certification bodies covered under an MRA. The MRAs 
on certificates specify that these agreements are applicable only for the products manufactured 
within the countries of interest. The Republic of Moldova maintains bilateral MRAs with Azerbaijan, 
Belarus, Bulgaria, the Russian Federation, Ukraine, and Uzbekistan. The Republic of Moldova accepts 
certificates from EU member States. Inspection or testing reports by foreign -accredited laboratories 
are acceptable for certification process.  
 
Question 9:  
Which government institution is responsible for accrediting conformity assessment bodies and what 
guidelines and standards are used to accredit them?  
 
Moldova's  answer:  According to the Art. 7 of Law no 235/2011 on accreditation and conformity 
assessment activities the accreditation activity is an officially recognized public authority activity. 
The accreditation activity is performed by the National Accreditation Center MOLDAC, designated as 
the sole national accreditation body. The National Ac creditation Centre MOLDAC is a public institution 
who accredits conformity assessment bodies based on the reference standards and issues 
accreditation certificates  
 
Page 56, Para 3.115.  
The Competition Council is an autonomous authority, accountable to th e Parliament, which ensures 
the enforcement and observance of competition and state aid legislation....  
 
Question10  
Whether the power of the Competition Council is is supervised? And whether the investigation results 
made by it are made public?  
 
Moldova's  answer:  According to the provisions of the Competition Law No.  183/2012, the 
Competition Council is an autonomous public authority accountable to the Parliament. In this regard, WT/TPR/M/428/Add.1  
 
- 14 - 
 
  the Competition Council provides annual reports on its activity to the Parliament of the Republic of 
Moldova. Afterwards, the reports are pu blished on the official website of the authority. Link: 
Competition Council  
 
The activity report shall contain:  
- the annual financial and audit reports;  
- information about the Competition Council 's activit ies in exercising its powers in the areas of 
competition, state aid and advertising;  
- the priority activity directions for the following year;  
- other relevant information provided by the Competition Council.  
 
In addition to that, according to the provisi ons of the State Aid Law No.  139/2012, the Competition 
Council shall prepare an annual report on the granted state aid, which is submitted to the Parliament 
and the Government.  
 
According to the provisions of the Competition Law No.  183/2012 (art. 65, para  (3)), the decisions 
and the prescriptions of the Competition Council 's Plenum shall be published on the web page of the 
Competition Council. The publication of decisions and prescriptions is made taking into account the 
legitimate interests of the underta kings to protect their commercial secrets (which shall be excluded 
from publicly available versions of the relevant acts).  
 
Under the Law No.  139/2012 on State Aid (art. 21), the operative parts of the Competition Council 's 
decisions shall be published in the Official Monitor of the Republic of Moldova, taking into account 
the interests of the parties and ensuring the protection of information that constitutes state or trade 
secrets. Decisions taken by the Competition Council regarding the notification of t he National Bank 
of Moldova are made public in time and manner coordinated with the National Bank.  
 
The decisions and prescriptions of the Competition Council issued in individual cases as well as the 
orders regarding dawn raids/inspections performed by th e Competition Council may be challenged 
directly in the administrative court within 30 days from the date of the receipt by the parties (without 
any additional pre -judicial procedure).  
 
Page 81, Para 4.23.  
...Among these, on average 80% over the last three years have supported investments into 
conventional agricultural machinery and equipment, the development of post -harvest and 
processing infrastructure, and the modernization and deforestation of perennial plantations (Table 
4.4). 
 
Question 11:  
Please  explain how Moldova's perennial plantations is deforested.  
 
Moldova's  answer:  The perennial plantations (fruit -growing orchards, nut crops and fruit bushes) 
can be scrapped/deforested and cleared based on the owner's decision, except for vineyards and 
horticultural constructions. The Government of Moldova approved recently the amendments on the 
way of scrapping/deforestation and grubbing -up of perennial plantations, which stipulates simplified, 
accessible and clear procedures for all parties involved.  
 
In order to fully take advantage of the land, the holders of perennial plantations who have carried 
out the grubbing -up will have to submit to the territorial administrative authority only a declaration 
of grubbing -up of the plantation.  
 
The new amendments we re approved in order to simplify the process of grubbing up perennial 
plantations that do not meet the current market requirements and for the establishment of new 
orchard plantations.  
 
At the same time, the draft provides for a special procedure for the s crapping and grubbing -up of 
perennial plantations that are public property of the state or under the administrative -territorial 
units.  
 
For their deforestation, certain conditions are established, and the scrapping operation will be 
executed by a commissio n, which will also include representatives of the territorial subdivisions of 
the National Agency for Food Safety, in the case of the plantation affected by diseases or viruses. WT/TPR/M/428/Add.1  
 
- 15 - 
 
  The new amendments were approved in order to simplify the process of grubbing up perennial 
plantations that do not meet the current market requirements and for the establishment of new 
orchard plantations.  
 
Previously the owner intended to deforest a perennial plantation, he had to follow a procedure that 
was long -lasting and depend ent on the will of the local and district public authorities. Currently the 
procedures are simplified and will offer the opportunity to renew the old perennial plantations which 
were inefficient.  
 
According to the data of the National Bureau of Statistics , on the territory of the country there are 
over 135 ,000 ha of perennial plantations (except for vineyards), of which over 50% are plantations 
with an outdated exploitation term or are established in a classic and semi -intensive system of 
culture, which do es not provide adequate productivity and quality of fruits to ensure the 
competitiveness of domestic producers.  
 
Page 102, Para 4.109.  
Operators of non -fixed-route bus services (e.g. tourist buses and rented vans) are not required to 
obtain a transport aut horization from any authority. A similar regulatory regime is applicable to taxis. 
Prices for non -fixed-route passenger transport are liberalized, according to the authorities. Ride -
hailing services (e.g. Uber or car sharing) are prohibited.  
 
Question 12:  
Can Moldova please elaborate on how ride -hailing service providers are penalised and how to 
distinguish ride -hailing services from taxi services and not -for-profit car -sharing in practice?  
 
Moldova's  answer:  Currently, the legislation of the Republic of Moldova has no definition of "ride-
hailing " and no penalization regarding providing such services.  
However, State Tax Service and National Agency of Road Transport established that quite often, 
applications fo r "ride-hailing " are used to operate illegal transport operations of passengers, with 
infringements of the state tax law, road transport law, road and passengers safety law.  
 
In accordance with Contravention Code of the Republic of Moldova № 218/2008 
https://www.legis.md/cautare/getResults?doc_id=131924&lang=ro#), section 197 subsection (1), 
carrying on road transport of persons, for a fee, with road vehicles built and equipped with less than 
9 seats, including the driver's seat, without being registered u nder the conditions of the Road 
Transport Code, is sanctioned with a fine from 200 to 250 conventional units* with or without 4 
penalty points applied to individuals and with a fine from 500 to 600 conventional units applied to 
economical agents.  
 
In this context, the National Agency of Road Transport during the traffic control should prove that 
the passenger has to pay ore paid for the ride.  
In addition, we would like to inform you about the fact that, now, Ministry of Infrastructure and 
Regional Deve lopment with counselling of the Association of Taxi Carriers is providing the law 
project, regarding the regulation of the activities provided by applications for taxi service and 
"ride-hailing ". *- 1 c. u. is equal to 50 Moldovan leis. 
 
PART II: QUESTIONS  REGARDING THE GOVERNMENT REPORT  
Page 3, Para 1.5.  
Since the last Trade Policy Review in 2015, the Moldovan economy has continued to perform well, 
despite difficult circumstances related to bank crisis, energy security crisis, climate challenges 
related to  droughts, COVID pandemic and war. Since 2020, the international economic environment 
has been characterized by a severe global economic and health crisis, triggered by the emergence 
of the COVID -19 pandemic. This has been followed by a strong economic rec overy, albeit one that 
has been uneven across countries. At the end of 2021, a new wave of COVID -19, combined with 
global bottlenecks in the supply of raw materials and intermediate goods and a sharp increase in 
inflation created a challenging environment for the Republic of Moldova economy.  
 
Question 13:  
What initiatives and efforts has Moldova made to overcome bottlenecks in the supply of raw materials 
and intermediate goods?  
How does the Traditional Chinese Medicine develop in Moldova?  WT/TPR/M/428/Add.1  
 
- 16 - 
 
  Moldova's  answer:  In order to overcome the created bottlenecks, the Government undertook a 
range of trade facilitating measures, focused particularly at the borders. Moldova also enhanced its 
cooperation with main trading partners and donors.  
 
Currently there is no availa ble data on the development of Traditional Chinese Medicine in Moldova.  
 
Page 9, Para 2.49 . 
As of 2020, most of the actions included in the policy matrix of the Road map were carried out (an 
implementation rate of 95.5%). However, despite the achievement of performance indicators, 
additional substantial effort is needed to increase the country's competitiveness.  
 
Question 14:  
What are the remaining 4.5% of actions included in the policy matrix of the Road map? What is the 
reason for Moldova not implementi ng them?  
 
Moldova's  answer:  As mentioned by the Report, in the context of signing the AA DCFTA with EU, 
the Government approved additionally and the Roadmap on Improving the Competitiveness of the 
Republic of Moldova by the Government Decision No. 4/2014. The goal of the Roadmap was to 
improve competitiveness of the Moldovan economy, to increase benefits generated by DCFTA and, 
at the same time, to cope with challenges associated with the implementation of DCFTA. The 
Roadmap contained a policy matrix that p rovided concrete actions on nine components: Human 
resources; Access to finance; Transport and energy infrastructure; Quality infrastructure; 
Information society; Trade facilitation; Fiscal policy and administration; Scientific research and 
innovation; Com petition.   
 
The remaining actions needed additional financial assistance and support from donor partners. 
Additionally, some of these actions have been pending due capacity constraints. The remaining 
actions have been transferred for the next years.  
 
Page  9 Para 2.50.  
To enable investment in the Moldovan economy and to ensure an efficient promotion of exports of 
domestic goods and services, the Moldovan Government approved the National Strategy for 
Investment Attraction and Export Promotion for 2016 -2020 a nd associated implementation Action 
Plan, a strategic document reflecting the country's vision in this area. As stated in the strategy "an 
accelerated and sustainable growth of the national income is only possible through the increase and 
diversification o f exports. However, the technological gap represents a major structural shortcoming, 
which undermines the competitiveness of Moldovan exports. In order to reduce it and catalyze the 
export -oriented growth model, major investments are needed in the developm ent of productive 
capital". The Strategy identified seven priority sectors for investment and export promotion: 
agriculture and food, automotive industry, business services such as business process outsourcing 
(BPO), clothing and footwear, electronics, inf ormation and communication technologies (ICT), and 
machinery.  
 
Question 15:  
What measures will Moldova take to ensure the seven priority sectors for investment and export, 
many of which are manufacturing -related, are aligned with the priorities of being 'Green and Digital'?  
 
Moldova's  answer:  The National Strategy for Investment Attraction and Export Promotion for 
2016-20 is no longer in force and a new strategic document on attracting FDI has not yet been 
developed, but the Government of the Republic of Moldova is engaged in developing the strategic 
planning framework for the nex t decade, including The Industrial Development Program, which will 
be aligned with two horizontal priorities - Green and Digital.  
 
Page 11, Para 2.60.  
The main exporting sectors are: manufacture machinery and equipment, light industry, processing 
of fruits  and vegetables, manufacture of glass, beverages. In these sectors over 50% of production 
is oriented to export. However, the industrial export is represented mainly by products with low 
value -added, like assembled cables or textile, and Moldova has a mode st position in international 
value chains.  
 WT/TPR/M/428/Add.1  
 
- 17 - 
 
  Question 16  
How does Moldova intend to address the problem of export products with low value -added and speed 
up the transition to exports of goods and services with high value -added?  
 
Moldova's  answer:  This issue  has been addressed and in previous years by the Republic of Moldova 
including through the Competitiveness and impact assessment report on the achievement of the 
policy matrix of the Roadmap on improving the competitiveness of the Republic of Moldova for 2 014–
2018 which was developed by the National Institute of Economic Research in accordance with 
Government Decision no. No 676 of 20 August 2014 on the Council for Competitiveness and for the 
implementation of Government Decision nr. 4 from 14.01.2014. Give n relatively modest outcomes 
of these strategic documents, the problem of export products with low value -added and the necessity 
to speed up the transition to exports of goods and services with high value -added will be addressed 
in the sectoral strategic d ocuments being developed, including in the Industrial Development 
Program.  
 
Page 11, Para 2.62.  
The share of industrial goods in the total exports is decreasing, while the share of unprocessed 
agricultural goods is growing. In 2021 the share of industrial goods in the total exports was about 
72%. During 2014 -2021 the volume of exported industrial goods increased by 2.9% annually. But 
this increase was not enough to strengthen the position of industrial products in the structure of 
exports, because the expor ts of unprocessed agricultural products recorded an average increase of 
8.6% during this period. The more intensive growth of exports with low value -added reduces the 
competitiveness of the national economy and does not ensure qualitative economic growth.  
 
Question 17  
What plan does Moldova have to enhance its agricultural competitiveness and improve the access of 
agro-food products to the global market? What importance does Moldova assign to post -harvest 
handling and infrastructure?  
 
Moldova's  answer:  The Republic of Moldova is engaged in developing the strategic planning 
framework for the next decade, which will also include actions on the improvement of 
competitiveness of agri products.  
  
Page 21, Para 2.146.  
In addition to the Public Procurement Agency , in accordance with Law No.  131/2015 on public 
procurement, the National Agency for the Settlement of Appeals/Complaints was established as an 
autonomous and independent public authority from other public authorities, from individuals and 
legal entities, which is responsible for ensuring the transparency of the decision -making process in 
resolving appeals, being a commitment of the Republic of Moldova assumed by signing the 
Association Agreement with the European Union.  
 
Question 18:  
What mechanisms of dispute settlement are in place for disputes that arise in the process of public 
procurement?  
 
Moldova's  answer:  The National Agency for the Settlement of Complaints is competent to resolve 
appeals regarding public procurement procedures. The procedure for examining and resolving the 
appeals is carried out according to Law No.  131/2015 on public procurement, respecti ng the 
principles of legality, speed, adversity and the right to defence.  
The National Agency for the Settlement of Complaints examines the contested act from the point of 
view of legality and validity and may issue a decision annulling it in part or in wh ole, obliging the 
contracting authority to issue an act or order any other measure necessary to remedy the acts 
affecting the procedure for the award of the public procurement contract.  
Processes and requests regarding the execution, nullity, cancellation,  resolution, termination or 
unilateral termination of public procurement contracts are resolved by the competent court.  
The settlement of disputes is carried out in accordance with the provisions of art. 88 of Law No.  
131/2015 on public procurement.  
The co mpetent court, until the resolution of the merits of the case, may order, including at the 
request of the interested party, the suspension of the execution of the public procurement contract. 
The court may find the nullity of the public procurement contrac t in cases provided by law. At the 
same time, alternative sanctions may be applied by the court in order to maintain the effects of the 
public procurement contract, for example:  WT/TPR/M/428/Add.1  
 
- 18 - 
 
  a) limiting the effects of the contract, by reducing its execution term; and/o r 
b) the application of a fine to the contracting authority, comprised between 2% and 15% of the 
contract value, its amount being inversely proportional to the possibility to limit the effects of the 
contract according to the provisions of letter a).  
 
 
Page 23, Para 2.161  
Moldova's agriculture is highly vulnerable to climate change and natural disasters as freezing, hail, 
heavy rains, or severe droughts, etc. For example, recently, in 2020, a severe drought affected all 
the entire country and almost all its  crops, leading to sharp declines in Agri production, especially 
for wheat and maize which lead to a decrease of almost half comparing to the average production 
over the past years. Due to weather and climate conditions agriculture sectors is highly 
unpred ictable. In 2021, according to the National Bureau of Statistics, the overall agricultural 
production increased by nearly 50% back to volumes exceeding those of the 2019 year. The increase 
was due to the good harvest year and increase of the crop productio n.  
 
Question 19:  
Has Moldova adopted strategies or taken measures to reduce agriculture's vulnerability to climate 
change and environmental threats? If yes, please introduce related strategies or measures.  
 
Moldova's  answer:  The Republic of Moldova is eng aged in development the strategic planning 
framework for the next decade, which will also include actions on the improvement of 
competitiveness of agri products and reduction of existent vulnerabilities to climate. In the 
meantime, Moldova partially allevi ates the impact of climate change and disasters, amongst others, 
with the help of Green Box support taking the form of payments for relief from natural disasters.  
 
PART III. OTHER QUESTIONS  
 
Question 20:  
Please elaborate on Moldova 's laws and policies and specific trade measures relevant to prevention , 
regulation and control of illegal tobacco products.  
 
Question 21:  
Please elaborate on Moldova 's specific import trade policies relevant to new tobacco products and 
specific export trade policies relevant to tobacco leaves.  
 
 
Moldova's  answer:  The main law which regulates tobacco control activities in the Republic of 
Moldova is Law No.  278 from 14 -12-2007 on tobacco and tobacco articles, which was modified and 
replaced by the Law No.  278 from 14 -12-2007 on tobacco control * The law can be accessed 
following the link: LP278/2007 (legis.md) .  
In addition, the Contraventional Code and the Criminal Code of the Republic of Mold ova apply for 
the prevention, regulation, control of illegal tobacco products.  
 
In general terms, tobacco control is a regulatory mechanism established by the State aimed at 
reducing the health damage caused by the consumption of tobacco and related products and 
exposure to tobacco smoke. The purpose of the above -mentioned law is to ensure by the State the 
necessary conditions for the protection of the population's health from the consequences of the 
consumption of tobacco products and related  products and exposure to tobacco smoke.  
 
The placing on the market of tobacco products which are contrary to the provisions of the above 
mentioned law shall be sanctioned in accordance with the legislation in force.  
 
There are no specific export trade pol icies in place on tobacco leaves.  
 
 
 
  WT/TPR/M/428/Add.1  
 
- 19 - 
 
  CANADA  
QUESTIONS REGARDING THE SECRETARIAT REPORT  
 
Part 3 - Trade Policies and Practices by Measure: Standards and other technical 
requirements  
 
Page 52, Paragraph 3.90  
 
It is noted that "[a]ccording to the authorities, the Republic of Moldova is implementing reforms with 
an aim to change its system of mandatory standards to the one where technical regulations are 
based on international or European standards and best pract ices."  
 
1. Can Moldova expand on the reforms it is currently implementing and the timelines for these 
reforms? Does Moldova expect any of these reforms to have a significant impact on its trade 
policies and practices?  
 
Moldova's  answer:  According to the Gov ernment Decision no. 702/2002 in the Republic of Moldova 
was initiated the process of transition to voluntary standardization by developing, adopting and 
implementing technical regulations and converting mandatory standards into voluntary standards.  
Accord ing to the principles established in art. 4 of Law No.  20/2016 on national standardization, the 
application of Moldovan standards is voluntary. The transition period is complete. At the moment, 
the authorities are elaborating technical regulations that bei ng approved by normative acts 
(Government decisions or laws) establishing mandatory provisions.  
The Republic of Moldova is in line with EU regulations for practical improvement. In this regard we 
tend to implement voluntary standardization by adopting the entire body of European standards at 
the national level.  
Starting with 2014, ISM aims to increase the share of European and international standards adopted 
as Moldovan standards. This objective was achieved taking into account economic priorities and 
stakeholder demands.  
In 2018, the rate of 100% adopted standards was reached, published at European level, which is 
one of the requirements of the Association Agreement Moldova - European Union, this rate being 
maintained annually by the consistent adoption o f standards published by CEN / CENELEC.  
During the period 2015 -2022, more than 31 000 European and international standards were adopted 
as Moldovan standards.  
All these initiatives being implemented in practice so that users of standards in the Republic of 
Moldova who are targeted by trade policies and practices do not perceive standardization as 
something unnecessary and mandatory, but as a voluntary but efficient component of the country's 
economy.  
 
Page 53, Paragraph 3.98  
 
It is noted that "Th e Republic of Moldova is a correspondent member of the International 
Organization for Standardization (ISO) [and] an associate member of the International 
Electrotechnical Commission (IEC)…".  
 
2. Does Moldova have any plans at this time to become a Full membe r at ISO and/or a Full member 
at IEC?  
 
Moldova's  answer:  The Republic of Moldova capitalizes on its partnership relations with ISO and 
IEC, by actively participating at events and training organized by ISO and IEC in order to take best 
practices, benefiting from the projects launched by ISO and other initiatives of International 
standardization organizations.  
The Republic of Moldova is planning to become a full member of ISO and/or IEC. We understand 
that the full membership status will offer new p ossibilities for the development of the standardization 
field in the Republic of Moldova.  
Additionally, we are pleased to inform that in the context of the status of candidate country for 
accession to the European Union, obtained by the Republic of Moldov a, the Institute for 
Standardization of Moldova undertakes a series of measures in order to obtain the status of full 
member at European standardization organizations: CEN and CENELEC.  
 WT/TPR/M/428/Add.1  
 
- 20 - 
 
  Part 3 - Trade Policies and Practices by Measure: Government procureme nt 
Page 63, paragraph 3.139  
The above -mentioned paragraph of the report indicates the following:  
In compliance with its commitments under the Association Agreement with the European 
Union, the authorities established the National Agency for the Settlement of Complaints 
(ANSC) in 2015, and it became operational in September 2017. The Agency acts as an 
independent public authority and is tasked with ensuring transparent decision -making in 
resolving appeals under the Law on Public Procurement […]  
 
3. Can aggrieve d suppliers appeal a decision of the ANSC to a court of the Moldovan judiciary 
system? If so, could Moldova please explain the judicial process for complaints pertaining to 
procurements above statutory thresholds?  
Moldova's  answer:  In accordance with art. 86 para. (12) of Law No.  131/2015 on public 
procurement, the decision of the National Agency for the Settlement of Complaints on the settlement 
of the appeal may be challenged in the competent court.  
Art. 189 of the Administrative C ode establishes that any person who claims the violation of his right 
through administrative activity of a public authority may file or action in administrative litigation. 
The action in administrative contentious is submitted to the court within a territo rial radius of which 
has the seat of the public authority to carry out the contested administrative activity. The contested 
action shall be submitted within 30 days from the date of communication or notification of the 
National Agency for the Settlement of  Complaints decision.  
The examination and substantive settlement of the actions in administrative litigation takes place 
according to the provisions of the Code of Civil Procedure.  
Examining the action in administrative litigation on the merits, the court adopted one of the following 
decisions:  
a) annuls all or part of the individual administrative act, as well as a possible decision to settle the 
prior request, if they are illegal and through them the plaintiff is harmed in sales rights;  
b) rejects t he action as unfounded.  
Page 65, paragraph 3.149  
The above -mentioned paragraph of the report provides the following:  
Chapter VII of the Law on Public Procurement outlines the following procurement methods: 
(i) open tender; (ii) restricted tender; (iii) com petitive dialogue; (iv) negotiated procedures 
with or without prior publication of a notice; (v) request for price offers; (vi) competition of 
solutions; (vii) acquisition in the case of social services and other specific services; and (viii) 
"partnership for innovation" [emphasis added in bold].  
 
4. Could Moldova please explain in what circumstances procuring authorities would resort to 
restrictive tendering?  
 
Moldova's  answer:  According to art. 46 para. (2) of Law No.  131/2015 on public procurement, the 
basic procedures for awarding the public procurement contract are the open tender and the restricted 
tender.  
According to art. 51 of the above -mentioned Law, the restricted tender is carried out according to 
the rules p rovided for the open auction, provided that a pre -selection procedure is applied preceded 
by the publication of a notice of participation in the pre -selection.  
The restricted tender procedure is carried out in two stages:  
a) the stage of selecting the cand idates;  
b) the evaluation stage of the bids submitted by the selected candidates, by applying the award 
criterion.  
The contracting authority shall apply the restricted tendering procedure for the award of the public 
contract where the following conditions are cumulatively complied with:  
1) the requirements of the contracting authority can be defined in such detail that the tenders can 
be compared with each other and the contract can be awarded without further negotiations with the 
tenderers;  
2) it is necess ary to limit the number of offers for administrative reasons or due to the nature of the 
procurement.  
At the same time, we would like to mention that the statistical data shows that the restricted tender 
procedure is rarely applied by the contracting autho rities at the moment.  
Part 3 - Trade Policies and Practices by Measure: Intellectual Property Rights (IPRs)  
Page 67 (Paras 3.154 -157) WT/TPR/M/428/Add.1  
 
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  The Secretariat Report outlines a number of initiatives designed to develop a sustainable economy, 
based on knowledge and innovation, while also aligning Moldova with the EU acquis. These initiatives 
include an Action Plan to implement the National Intellectual Property Strategy (NIPS) (in 
collaboration with WIPO), the Strategic Development Plan 2022 -2024, and the Development  
Strategy "Moldova 2030."  
Question:  
5. Has Moldova gathered any preliminary data, or received any feedback from stakeholders on 
these initiatives?  
Moldova's  answer:  The results of implementation of the NIPS Action Plans were examined at the 
end of each period  of implementation. The control over the execution of the Government Decisions 
related to NIPS and its Action Plans was the responsibility of the State Agency on Intellectual 
Property.   
Report for the implementation of the NIPS Action Plan for the year 2012 -2014 
(https://www.agepi.gov.md/sites/default/files/2015/11/Raport_SNPI_2012 -2014.pdf );  
Report for the implementation of the NIPS Action Plan for the year 2015 -2017 
(https://www.agepi.gov.md/sites/default/files/2018/05/Raport_SNPI_2015 -2017.pdf ); 
Report for the implementation of the NIPS Action Plan for the year 2018 -2020 
(https://www.agepi.gov.md/sites/default/files/2021/05/Raport_SNPI_2018 -2020.pdf ). 
In addition, there is a Final Evaluation Report on the Implementation of the National Intellectu al 
Property Strategy 2020 that evaluates the level of the implementation of the NIPS as a whole. The 
Report was conducted by AGEPI based on outcomes of the NIPS Action Plans Implementation Reports 
but also other relevant information and indicators. The Fin al Evaluation Report on the 
Implementation of the National Intellectual Property Strategy 2020 is available at:  
https://www.agepi.gov.md/sites/default/files/2022/04/RE_SNPI_2020.pdf . 
 
  WT/TPR/M/428/Add.1  
 
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  EUROPEAN UNION  
Government report  
2. OVERVIEW OF RECENT ECNOMIC DEVELOPMENTS AND REFORMS  
2.1 MACROECONOMIC OVERVIEW  
2.2 EXTERNAL ENVIRONMENT AND COMPETITIVENESS  
Section 2.2.1, page 10: "Industrialization"  
EU question nr. 1:  The new customs code will enter into force in 2023. Could the Republic of Moldova 
explain if the  legislation on Free Economic Zones (FEZ) needs to be brought in line with the provisions 
of the new customs code? If so, could the Republic of Moldova provide details of the foreseen or 
possible changes? In particular, would these changes include the regi me of the goods processed in 
the FEZ and subsequently introduced in the customs territory of the Republic of Moldova?  
 
Moldova's  answer:  The Government is engaged in a process of complex evaluation of the Free 
Economic Zones, after which it will prepare amendments to Law No 440/2001 on free economic 
zones, in line with the commitments from the Association Agreement EU -Moldova.  
EU question nr. 2:  The Republic of Moldova's economy has been heavily impacted by Russia's 
unprovoked and unjustified inva sion of Ukraine, which severely affected transit routes through the 
Ukrainian territory. What are the effects of this crisis on the main branches of the manufacturing 
industry? Is any sector more specifically affected and what measures are taken in order t o alleviate 
these effects?  
 
Moldova's  answer:  We thank EU for the interest on the impact of war in the neighbouring country 
over the economy of Moldova. The war in Ukraine have severely affected the transit routes and the 
related crises have particularly a ffected the following branches of the manufacturing industry:  
 
• Manufacture of furniture - Supply side dimension.  
• Manufacture of electrical and electronic equipment for motor vehicles - Demand side dimension/ 
Supply side dimension.  
• Manufacture of othe r electronic and electric wires and cables - Demand side dimension/ Supply 
side dimension.  
 
The Government of the Republic of Moldova intervened with a series of measures, in order to mitigate 
the impact, implicitly:  
• Stimulating the reorientation of exports - including by accelerating the modernization of quality 
infrastructure.  
• Extension of the Programs and increase of the budget for the projects financed through ODIMM.  
• Partial compensation of price increases for natural gas.  
Additionally, the Government took a series of supportive measures targeted to help the people of 
Ukraine fleeing the war.  
Under Moldovan law, refugees and beneficiaries of humanitarian protection enjoy the same social 
and economic rights as citizens. The 20 12 Law on Integration of Foreigners provides means of 
integration for foreigners, including refugees, beneficiaries of humanitarian protection and stateless 
persons, including granting them free access to: The social security system, Primary and secondary 
education, The medical insurance system, Socio -cultural adaptation sessions (training on values and 
national traditions, political and administrative organization system of the country), State language 
courses, Information and counselling on ways to access  the labour market.  
Additionally, refugees and beneficiaries of humanitarian protection may apply for a state allowance 
of approximately EUR 30 for a maximum period of six months. More information could be found on  
https://help.unhcr.org/moldova/ro/programul -de-asistenta -in-numerar -pentru -refugiatii -in-
moldova/ .   
2.3 ECONOMIC DEVELOPMENTS AND REFORMS  
Paragraph 2.156, page 23: " Also, important improvements have been made in relation to the 
enforcement. Therefore, with the purpose to improve the IP dispute settlement system, through the 
Government Decision No. 987 of 21 November 2017 was approved the Regulation on the 
Organization  and Functioning of the Arbitration Specialized in Intellectual Property and the Arbitral WT/TPR/M/428/Add.1  
 
- 23 - 
 
  Procedure, which aims to establish the mechanism for settling disputes concerning the violation of 
intellectual property rights through a specialized arbitration in t he field of intellectual property."  
Moldova's  answer:  The mechanism for settlement of IPR disputes through meditation and 
arbitrations procedures is provided in the respective regulation, namely: the Regulations on the 
organization and functioning of the M ediation Commission in the field of intellectual property and 
the mediation procedures (approved by Government Decision No. 184/2015) and the Regulations 
on the organization and functioning of the arbitration specialized in intellectual property and the 
arbitral procedure (approved by Government Decision No. 987/2017 ). Neither the mediation nor 
the arbitration intellectual property mechanism was properly used since the establishment, the 
intellectual property disputes being mostly dealt with by courts.   
 
The arbitral award is final and binding on the parties from the date of its adoption and has the effect 
of a final court decision. Any party to the arbitration may challenge the arbitral award by submitting 
to the competent court a request for revocation w ithin 3 months from the date of receipt of the 
arbitral award.  
 
The specialized arbitration has competences on dispute resolution that arise between individuals and 
/ or legal entities in the field of intellectual property.  
Specialized arbitration examines  disputes concerning the following issues:  
1) the quality of the author;  
2) the relations between the co -authors;  
3) priority issues;  
4) the relations between the author (of an intellectual property object created in the service duties) 
and the employer, i n particular on issues regarding the remuneration method, the right to submit 
the application and the amount of remuneration;  
5) issuance of the title of protection;  
6) exclusive rights;  
7) the collective management of copyright and related rights regardin g the amount of remuneration 
and other conditions for granting licenses;  
8) relationship in the case of a transfer of IP rights;  
9) other aspects in the field of intellectual property.  
 
Even the arbitral procedure is well regulated, since its establishment  in 2017, there were no requests 
for it. The intellectual property disputes are being mostly dealt by courts, if not settled mutually 
before.   
To be mentioned that, at present, there is one request in the Mediation Commission applied for, but 
the case is at its initial stage.  
EU question nr. 3: For IPR rights, point 2.156 on enforcement refers to an IP dispute settlement 
system. Could you please  outline for what type of proceedings this system is available and how is it 
integrated when IP right holder seek civil or administrative remedies? How many disputes have been 
settled under this system and for which types of conflicts?  
Moldova's  answer:  The mechanism for settlement of IPR disputes through meditation and 
arbitrations procedures is provided in the respective regulation, namely: the Regulations on the 
organization and functioning of the Mediation Commission in the field of intellectua l property and 
the mediation procedures (approved by Government Decision No. 184/2015) and the Regulations 
on the organization and functioning of the arbitration specialized in intellectual property and the 
arbitral procedure (approved by Government Decisi on No. 987/2017 ). Neither the mediation nor 
the arbitration intellectual property mechanism was properly used since the establishment, the 
intellectual property disputes being mostly dealt with by courts.   
 
The arbitral award is final and binding on the parties from the date of its adoption and has the effect 
of a final court decision. Any party to the arbitration may challenge the arbitral award by submitting 
to the competent court a request for revocation within 3 months from the date of receipt of the 
arbitral award.  
 
The specialized arbitration has competences on dispute resolution that arise between individuals and 
/ or legal entities in the field of intellectual property.  
Specialized arbitration examines disputes concerning the following issues:  
1) the quality of the author;  
2) the relations between the co -authors;  
3) priority issues;  WT/TPR/M/428/Add.1  
 
- 24 - 
 
  4) the relations between the author (of an intellectual property object created in the service duties) 
and the employer, in particular on issues regarding the remunerati on method, the right to submit 
the application and the amount of remuneration;  
5) issuance of the title of protection;  
6) exclusive rights;  
7) the collective management of copyright and related rights regarding the amount of remuneration 
and other conditio ns for granting licenses;  
8) relationship in the case of a transfer of IP rights;  
9) other aspects in the field of intellectual property.  
 
Even the arbitral procedure is well regulated, since its establishment in 2017, there were no requests 
for it.  
The intellectual property disputes are being mostly dealt by courts, if not settled mutually before.   
To be mentioned that, at present, there is one request in the Mediation Commission applied for, but 
the case is at its initial stage.  
 
3. TRADE POLICY AND PR EFERENTIAL TRADE REGIMES  
3.1 OVERVIEW  
3.2 WTO AND JSIS  
3.3 PREFERENTIAL TRADE REGIMES  
Paragraph 3.20, page 26: "The Republic of Moldova considers Free Trade Agreements (FTAs), as an 
important supplement to the multilateral trading system established under the WTO, allowing further 
integration into the global economy and increased trade cooperation with other countries. Moldova 
particularly aims to exploit its favourable geographic position in the Central Eastern Europe (being 
seen as a bri dge between the European and Asian economic regions), through the implementation 
and negotiation of new Free Trade Agreements which remain an important priority to the 
Government. " 
EU question nr. 4:  What is the progress of the ongoing negotiation of the F TA with China?   
Moldova's  answer:  At the moment, the negotiations on FTA with China are put on hold.  
 
4. CONCLUSIONS  
WT/TPR/S/428 – WTO Secretariat report  
SUMMARY  
Paragraph 29, page 10:  "The quality of transport infrastructure combined with regulatory barriers 
increases the costs of trade. Trucks and trains transported 99% of freight in 2021. Road transport 
operators for passengers or freight must be established locally and licensed by the National Agency 
of Road Transport (ANTA). There are n o restrictions on foreign capital participation in road transport. 
Firms undertaking cross -border transport must also be ANTA -licensed. Ride -hailing services are not 
allowed in the Republic of Moldova. Efforts to modernize the regulatory regime for railway s started 
in February 2022. The regulatory regime for aviation was modernized in 2017 and 2018, reflecting 
the Republic of Moldova's membership of the European Common Aviation Area (ECAA). Most of the 
22 bilateral air services agreements cover up to fourth  freedom rights. Aviation transport expanded 
considerably during the review period. All Moldovan carriers have foreign equities."  
EU Question nr. 5:  Could the Government provide an explanation why ride -hailing is not allowed in 
Moldova?  
Moldova's  answer:  The services  represent  economic  activity  and should  comply  with the 
regulations  applied  to the taxi services.  The provisions  are based  on the multiple  appeals  of the legal 
transport  operators  and representative  Associations  of Carriers,  State  Tax Service and National  
Agency  of Road Transport.  Often,  applications  for "ride-hailing"  are used to operate  illegal  transport  
operations  and there  is impossibility  to guarantee  that this service  comply  with safety  requirements,  
or it is impossible  to identify  the driver  or the vehicle.  
 
2. TRADE AND INVESTMENT REGIMES  
2.1 GENERAL FRAMEWORK  WT/TPR/M/428/Add.1  
 
- 25 - 
 
  2.2 TRADE POLICY FORMULATION AND OBJECTIVES  
Paragraph 2.10, page 26: "The Ministry of Economy oversees policies relating to the economy, the 
business and investment environment, public property, information technology and digital economy, 
and quality infrastructure and market surveillance, as well as trade policies, WTO -related issues, 
and the negotiation and implementation of RTAs.12 A number of Ministry departments,  such as the 
Directorates of Business Environment Development, or of Quality Infrastructure and Market 
Surveillance, play important roles in shaping the trade policy environment. The Ministry controls and 
supervises the Agency for Consumer Protection and M arket Surveillance, the National Institute of 
Metrology, and the Moldovan Institute of Standardization. It also monitors the operation of the 
National Accreditation Centre and coordinates with the Organization for the Development of Small 
and Medium Enterp rises (ODIMM)."  
 
EU question nr. 6: With regard to the trade irritants generated by the 2020 amendments to the 
Domestic Trade Law, what is the timeline to address its incompatibilities with the WTO provisions 
regarding the national treatment of goods?  
 
Moldova's  answer:  2.12. The Ministry of Economy undertakes public consultations regarding all 
policy initiatives under its purview, including the dissemination of ex ante analyses for policy 
proposals, via its website.13 According to the authorities, it also consults on an ad hoc basis with 
the private sector during trade policy formulation and the negotiation of RTAs. Consultations with 
the private sector regarding reforms aimed at improving the business environment and when RIAs 
are discussed are led by the Prime Minister's Economic Council. The Moldova -EU Association 
Agreement also contains commitments to transparency in policy making, in particular regarding 
public consultation including how to deal with comments received, the publication of relevant 
regula tions, and their implementation. According to the authorities, the Government is required to 
incorporate comments received from stakeholders to the extent possible.  
 
The amendments to the internal trade law have been drafted in order to bring its provisions in line 
with the DCFTA and WTO. Although the law was in force, it was not applicable. The new draft law is 
coming to consolidate and develop the policies in the field of internal trade, through finding a balance 
in order to protect the interests  of domestic producer, in the framework of a fair competition for all 
market participants, respecting international trading rules.  
Therefore, the draft law was discussed with all the interested parties (representatives of public 
authorities, the business e nvironment, specialized associations), whose opinions were taken into 
account when drafting the project. The draft law has been approved in the first reading within the 
Parliament on 14th of July 2022. The provision related to 50% of the shelf length have been 
excluded.  
The aim of the project is to achieve the following objectives:  
- aligning the national legislation with EU regulations;  
- providing SMEs (especially manufacturing ones) with the resources needed to reinvest in the 
business in order to increase the attractiveness, competitiveness and added value of the product;  
- ensuring the predictability of the business, as well as planning and increasing stability by 
reducing the number of risk factors;  
- finding a balance in order to protect the int erests of domestic producer, in the framework of a 
fair competition for all market participants.  
 
2. TRADE POLICIES AND PRACTICES BY MEASURE  
2.1 MEASURES DIRECTLY AFFECTING IMPORTS  
2.2 MEASURES DIRECTLY AFFECTING EXPORTS  
Paragraph 3.68, page 47: "In respon se to the state of emergency declared on 24 February 2022, 
Moldova introduced a "temporary" export prohibition, effective 1 March 2022, on maize, sugar, 
wheat, and some medical consumables and devices (syringes, antibiotics, anti -inflammatories, 
anticoagul ants, analgesics, and transfusion and infusion systems). The export prohibition is 
supposed to last 60 days or until the end of the state of emergency; it has been notified to the 
WTO. " 
 
EU question nr. 7: What is the impact of the war in Ukraine on Moldov a's exports?  
Moldova's  answer:  The regional crisis will have significant consequences for economic policy of 
the Republic of Moldova, arising from the adverse supply shock triggered by the inflow of refugees, 
rise in oil and gas prices and changes in the architecture of foreign trade.  WT/TPR/M/428/Add.1  
 
- 26 - 
 
  Accordingly, the impact of the war in the region led to the disruption of supply and value chains with 
Eastern market, namely Ukraine, Russia and Belarus, affecting food producers, farmers and 
transporters in particular. Meanwhile we should recognise that our trade dependence on the eastern 
markets (Russia, Ukraine and Belarus) is about 15%.  
Other factors that have affected the economic situation relate to reduction in customs revenues, 
rising food prices, as well as high energy prices (natural gas and oil), feeding the inflation rate 
(*being around 20% in March 2022).    
 
Food industry producers, farmers and transporters were particularly affected by the drastic reduction 
of export volume to Ukraine, Belarus and Russian Fe deration. This impact is due to the interruption 
of the activity of the companies, the suspension of the transit of goods through the Ukrainian 
territory to the RF and other CIS countries, but also due to the results of the imposed sanctions.  
 
The cessatio n of transports to / from Ukraine, as well as transit to Russia, Belarus, Central Asian 
countries lead to the necessity to redirect the road transport logistics chains on bypass transit 
corridors (Romania - Hungary - Poland - Baltic countries and Bulgaria - Türkiye  - Georgia), which 
will generate substantially increased operating costs, due to the longer distance and the increase of 
the fuel price.  
At the same time, Republic of Moldova is dependent on commodities coming from Ukraine and as 
well as from othe r CIS countries. Declining imports from these countries, affected not only the agri -
food sector, but also the construction, the wood processing industry and metal processing.  
As a result, most economic sectors have been affected, which leads to significant  additional costs 
for identifying alternative products from other countries.  
 
EU question no. 8: To what extent have the currently implemented measures aimed at trade 
facilitation alleviated the pressure at the Moldovan -Romanian border?  
 
Moldova's  answer:  The issue related to pressure at the Moldovan -Romanian border is under 
continuous supervision and discussion with Romanian governmental institutions.   
Paragraph 3.160, page 68: "The EU -Moldova Deep and Comprehensive Free Trade Area (DCFTA) is 
an integral part of the Association Agreement with the European Union and entered into force in July 
2016. Its Article 278 provides that the parties shall ensure the adequate and effective 
implementation of the international agreements dealing with IP including the Agreement on Trade -
Related Aspects of Intellectual Property (TRIPS Agreement). In addition, Article 313 reaffirms the 
Doha Declaration on the TRIPS Agreement and Public Health. Ther efore, and with a view to ensuring 
the domestic implementation of the flexibilities contained in the TRIPS Agreement157, a draft 
amendment to Law No.  50/2008 on the Protection on Invention has been prepared and is under 
public consultation with the relevan t authorities (i.e. AGEPI, the Ministry of Health, the Medical 
Agency, the Competition Council, and the Ministry of Agriculture and Food Industry), private sector 
representatives, international experts and organizations advocating for people with severe di seases, 
and other interested stakeholders. "  
 
EU question nr. 9:  Section 3.3.7 (point 3.160) on IPR refers to a draft amendment to Law 
No. 50/2008 concerning the Doha Declaration on the TRIPS Agreement and Public Health. Could 
Moldova outline how this draft law is foreseen to use the flexibilities contained in the TRIPS 
Agreement and when will it be enacted?  
 
Moldova's  answer:  In addition, it will separate compulsory licenses for patents from those for other 
IP categories, e.g., for plant varieties and topographies. There are some modifications as to the 
relevant authorities involved in taking decision and granting of compulsory licenses, including the 
ones in public interest referred to in Art. 28a and 29. The amendments shall ensure the transposition 
into the national legislation of the provisions of Article 31bis TRIPS concerning export/import 
compulsory licenses in respect of public health that are currently not provided in the law. It will give 
the possibility to The Republic of Moldova to finalize t he notification process as to its country status 
(importing or exporting country).  
 
To be mentioned that by now there were no compulsory licensing granted under the current 
legislation in Moldova.  
The draft law for amending the Law 50/2008 on the protecti on of invention, in particular the part 
relating to the regulation of compulsory licensing mechanism, is under consultation with relevant 
stakeholders, including with the relevant Ministries and State Chancellery. The draft amending the WT/TPR/M/428/Add.1  
 
- 27 - 
 
  law 50/2008 (on com pulsory licenses) is included in the Government Action Plan for the years 2021 -
2022 and is expected to be adopted by the Government and submitted to the Parliament by end of 
the year.   
 
TRADE POLICIES BY SECTOR  
AGRICULTURE, FORESTRY, AND FISHERIES  
Paragraph 4.26, page 82: "The revision of the Law on Internal Trade introduced requirements for 
retailers to reserve certain shelf space to products manufactured and/or processed on the territory 
of the Republic of Moldova. When selling food prod ucts included in a list of 129 categories, retailers 
are required to reserve at least 50% of shelf space for allocation to these national products (Section 
2.4). These product categories include, inter alia, many fresh and canned vegetables and fruits, flo ur 
and bakery products, alcohol, milk, and meat products, with some of them being included in the list 
on a seasonal basis.32 The Government also continues to implement a range of price controls 
(Section 3.3.4)."  
 
EU question  nr. 10: The Law on Internal Tr ade (No. 231/2010), as modified, introduced 
requirements for retailers to reserve certain shelf space to locally manufactured products. We 
understand a process of revision of the law is ongoing. Could the Republic of Moldova provide details 
of the revision  process and explain whether the above requirements are affected by the revision?   
 
Moldova's  answer:  The amendments to the internal trade law have been drafted in order to bring 
its provisions in line with the DCFTA and WTO. Although the law was in force, it was not applicable. 
The new draft law is coming to consolidate and develop the policies in the field of internal trade, 
through finding a balance in order to protect the interests of domestic producer, in the framework 
of a fair competition for a ll market participants, respecting international trading rules.  
Therefore, the draft law was discussed with all the interested parties (representatives of public 
authorities, the business environment, specialized associations), whose opinions were taken in to 
account when drafting the project. The draft law has been approved in the first reading within the 
Parliament on 14th of July 2022. The provision related to 50% of the shelf length have been 
excluded.  
The aim of the project is to achieve the following objectives:  
- aligning the national legislation with EU regulations;  
- providing SMEs (especially manufacturing ones) with the resources needed to reinvest in the 
business in order to increase the attractiveness, competitiveness and added value of the prod uct; 
- ensuring the predictability of the business, as well as planning and increasing stability by 
reducing the number of risk factors;  
- finding a balance in order to protect the interests of domestic producer, in the framework of a 
fair competition for all market participants.  
 
Paragraph 2.37, page 32 and 4.26, page 82: The Moldovan Law No.  231/2010 on Internal Trade 
was amended twice in 2020 and 2021. The Law regulates how traders have to allocate shelf space 
to products from a "short food chain" (a list of products classified as belonging to the short food 
chain contains 129 items). In par ticular, the amendments introduced the obligation according to 
which 50% of the products in retail shops should be of "short food chain", referring to "food products 
manufactured and/or processed on the territory of the Republic of Moldova". According to M oldovan 
authorities, these provisions are currently not enforced and are undergoing revision.   
 
EU question nr.  11: Paragraph 2.37 (page 32) of the report states that Moldova by the Law No.  
231/2010 imposes an obligation according to which 50% of the produ cts in retail shops should be 
of "short food chain", referring to "food products manufactured and/or processed on the territory of 
the Republic of Moldova (i.e. domestic products). Could Moldova explain the rationale for such a 
measure? In particular, how Moldova assesses the compatibility of the measure with the WTO 
principle of  non-discrimination  stipulating that a member shall not discriminate between its own and 
like foreign products?  
 
Moldova's  answer:  The amendments to the internal trade law have been drafted in order to bring 
its provisions in line with the DCFTA and WTO. Although the law was in force, it was not applicable. 
The new draft law is coming to c onsolidate and develop the policies in the field of internal trade, 
through finding a balance in order to protect the interests of domestic producer, in the framework 
of a fair competition for all market participants, respecting international trading rules . WT/TPR/M/428/Add.1  
 
- 28 - 
 
  Therefore, the draft law was discussed with all the interested parties (representatives of public 
authorities, the business environment, specialized associations), whose opinions were taken into 
account when drafting the project. The draft law has been a pproved in the first reading within the 
Parliament on 14th of July 2022. The provision related to 50% of the shelf length have been 
excluded.  
The aim of the project is to achieve the following objectives:  
- aligning the national legislation with EU regula tions;  
- providing SMEs (especially manufacturing ones) with the resources needed to reinvest in the 
business in order to increase the attractiveness, competitiveness and added value of the product;  
- ensuring the predictability of the business, as well as  planning and increasing stability by 
reducing the number of risk factors;  
- finding a balance in order to protect the interests of domestic producer, in the framework of a 
fair competition for all market participants.  
 
 EU question nr. 12: Can Moldova still confirm that no restrictions are imposed in terms of access in 
retail shops to imported products? If so, the EU would appreciate Moldova to clarify those measures 
and the undergoing revision to eliminate this obligation.  
Moldova's  answer:  There are no restrictions for the access in retails to import products. The 
provisions of internal trade law were not applicable. (kindly see the previous comment)  
 
MINING AND ENERGY  
SERVICES  
Paragraph 4.77, page 95:  "Since January 2019, residents of the Repu blic of Moldova can only 
conclude insurance contracts with companies (or branches of foreign companies) registered in the 
Republic of Moldova unless certain insurance is not available in the Republic of Moldova."  
 
EU question nr. 13 : Could Moldova explain how can this be reconciled with Moldova's GATS 
commitments, where mode 1 is fully committed for marine, aviation and transport insurance (CPC 
8129)?  
Moldova's  answer:  Under the conditions of art. 87 of Law No.  92/2022 on the Business of 
Insurance or Reinsurance (in force since 01.01.2023) - Direct insurance contracts (including covering 
maritime, aviation and transport risks) are concluded in compliance with applicable national 
legislation.  
 
Residents of the Re public of Moldova, pursuant to the Law No.  62/2008 on foreign exchange 
regulation, may conclude insurance contracts only with insurance companies registered in the 
Republic of Moldova or with branches of third country companies registered in the Republic o f 
Moldova, except the cases when the required insurances is not practiced on the domestic market, 
as well as except for the cases provided by the international treaties to which the Republic of Moldova 
is a party.  
At the same time, pursuant to art. 96 of Law No.  92/2022, the resident insurer of the Republic of 
Moldova may transfer the risks (including those covering maritime, aviation and transport risks) in 
reinsurance outside its territory. The final reinsurer wil l have a credit rating for long -term foreign 
currency loans, not lower than BBB +, according to the rating agencies Standard & Poor's, Fitch -
IBCA, AM BEST or Moody's. Solvency reports will be used for non -assessment reinsurers, which are 
authorized in the states covered by the EU Solvency II regime in an EU Member State or an OECD 
Member State. In this case, the solvency ratio of the reinsurer must not be less than 120%.  
 
The insurer may assign to reinsurance in the Republic of Moldova and / or in third cou ntries the full 
amount of the risk of natural disasters (hail, frost and other natural hazards and / or disasters, 
including earthquakes, floods and droughts) related to property insurance, as well as the risk of 
insurance of financial losses caused by unf avorable weather conditions.  
 
Paragraph 4.100, page 100:  "During the review period, the Government took steps to improve 
infrastructure. In broad terms, transport infrastructure investments in the Republic of Moldova have 
shifted away from rail over the pa st decade, focusing mostly on road and road maintenance. While 
such increased investments could improve connectivity, including in rural areas, continued 
underinvestment in the Republic of Moldova's existing rail network risks hastening its fall into 
disrepair."  WT/TPR/M/428/Add.1  
 
- 29 - 
 
  Paragraph 4.103, page 101:  "In its Transport and Logistics Strategy 2013 -2022, the Republic of 
Moldova set an objective of developing and rehabilitating the national road network, including 
secondary roads, to ensure year -round access for all settle ments to the country's primary highways. 
With implementation of the Strategy, the Republic of Moldova secured credits from international 
financial institutions/donors, such as the European Investment Bank (EIB) and USAID, for 
rehabilitation and constructio n of some 450 km of primary roads. Though the overall logistic 
performance deteriorated in recent years, increased investments had earlier resulted in a marked 
improvement in the quality of the Republic of Moldova's roads by 2015. Less than 50% were 
classi fied as "poor" or "very poor" in 2015, compared to over 90% in 2006."  
EU question nr. 14 : Are there any ongoing or planned investments in the development of the 
Intelligent Transport Systems (ITS) services and digital infrastructure in Moldova?  
Moldova's  answer:  Yes. With the support  of Czech  Development  Agency,  the Feasibility  Study  for 
the implementation  of the Weith  in Motion  System  on the national  roads  of the Republic  of Moldova  
was developed.  At the same  time, the implementation  of the Road Meteorological  Information  
System  was initiated,  with a possibility  of major  development.  
Paragraph 4.105, page 101:  "Anyone wishing to provide road transport services, whether for 
passenger or freight transport, must obtain a licence from ANTA. In additio n to satisfying safety 
requirements, the service providers must be established in the Republic of Moldova, with a good 
record and reputation on safety and financial solvency. The authorities note that most of the licensed 
operated were small privately owne d operators with a fleet of fewer than 10 vehicles."  
 
EU question nr. 15: We would like to thank Moldova for its explanations regarding the conditions 
applied to road transport services suppliers in order to operate in the country. Could the Moldovan 
autho rities explain whether, under the applicable legislation, the establishment requirement also 
applies to road transport services delivered on a cross border basis? Could Moldova refer us to the 
legal provisions setting up this establishment requirement?  
Moldova's  answer:  Road transport  services  delivered  on a cross border  basis,  are operated  on 
basis of international  - multilateral  Agreements  (CMR,  TIT, INTERBUS,  CEMT)  and also according  to 
provisions  of the Agreements  regarding  road transport  services  signe d between  Government  of the 
Republic  of Moldova  and Governments  of the interested  states  (ex.: Romania,  Ukraine,  etc.).  The 
establishment  requirements  are equal  as for the national  transport  operators  and as for the foreign  
operators,  in due to the fact, that by approving  in 2014 the Road Transport  Code,  the Republic  of 
Moldova  mostly  established  similar  conditions  regarding  operation  of the road transport  services.  
In addition,  we would  like to mention  that access  to the occupation  of road haulage,  and road 
passenger  transport  operator  engaged  in national  and/or  international  passenger,  and freight  
transport  is regulated  by the Road Transport  Code No. 150 of 17.07.2014 2 that partially  transposes  
Regulation  (EC) No 1071/2009  of the European  Parliament  and of the Council  of 21 October  2009.  
 
According  to the provisions  of art. 2 of the Road Transport  Code,  unless  expressly  provided  
otherwise,  it applies  to all enterprises  registered  in the territory  of the Republic  of Moldova  that 
exercise  the occupation  of road transport  operator  and/or  carry out activities  related  to road 
transport,  as well as foreign  road transport  operators  in accordance  with bilateral  agreements,  
conve ntions  and international  agreements  to which  the Republic  of Moldova  is a party,  except:  
 
a) persons  who carry out road transport  in their personal  interest  with road vehicles  owned  by them;  
b) the enterprises  that carry out the activity  of road transport  in national  traffic  only with 
- road vehicles  with a maximum  authorized  speed  not exceeding  40 km/h;  
- road vehicles  used by the armed  forces,  the civil protection  services,  the fire brigade,  and the 
forces  responsible  for maintaining  public  order  or rente d by them without  a driver,  when  the 
transport  falls within  the remit  of these  services  and is carried  out under  their control;  
- road vehicles,  including  non-commercial  transport  of humanitarian  aid, used in emergencies  or 
rescue  operations;  
- specialized  road vehicles  used in medical  missions;  
- specialized  road vehicles  for debugging,  operating  within  a radius  of 100 km from the stationary  
base;  
- road test vehicles  for technological  improvement,  repair,  or maintenance,  as well as new or 
converted  road vehicles  which  have not yet been put into service;  
- road vehicles  or combinations  of road vehicles  with a maximum  authorized  mass not exceeding  
3.5 tonnes,  used for the carriage  of goods  by road for personal  interest;  
 
2 https://www.legis.md/cautare/getResults?doc_id=129130&lang=ro   WT/TPR/M/428/Add.1  
 
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  - commercial  road vehicles which  have a historical  character,  and which  are used for the transport  
of persons  or goods  for personal  interest;  
- agricultural  and forestry  vehicles.  
Article  22. paragraph.  (1) of the Code states  that commercial  road transport  services  are subject  to 
notification  and registration.  
Art. 16. – Undertakings  registered  in the Republic  of Moldova  that intend  to carry out the occupation  
of road transport  operator  are included  in the Register  of road transport  operators  if it cumulatively  
meet the followin g conditions:  
(a) have an effective  and stable  establishment  in the Republic  of Moldova.  
(b) be of good repute;  
(c) have appropriate  financial  standing;  
(d) have the requisite  professional  competence.  
 
Art. 17. - The condition  regarding  the existence  of a technical -material  base is considered  fulfilled  if 
the enterprise  cumulatively  meets  the following  requirements:  
a) has an establishment,  within  which  technological  operations  are carried  out, the transport  activity  
is directed,  the working  documents  are kept, especially  the accounting  documents,  the personnel  
management  documents,  as well as the documents  provided  in art. 48 to which  the control  
authorities  must have access  in order  to verify  compliance  with the legislation  in force.  The company  
may have several  subsidiaries  in which  documents  on operational  and technological  activities  for the 
current  quarter  and the previous  quarter  may be kept. Each of these  branches  will be declared  to 
the National  Road Transport  Agency  within  maximum  10 days from the date of starting  the activity  
in its premises,  indicating  the postal  address,  the activities  to be performed  and coordinated  from 
this headquarters  and working  hours;  
b) has at least one vehicle;  
c) owns or leases  at least one third of the road vehicles  at its disposal,  but not less than one unit; 
d) carries  out the technical  service  operations  of the road vehicles  owned,  permanently  and 
efficiently,  with appropriate  equipment  and technical  installations,  in a self-service  workshop,  in 
accordance  with the present  code and with the Regulation  regarding  the self-service  activity.  
 
Art. 18. - (1) The requirement  of good repute  of an enterprise  is considered  to be fulfilled  when  the 
road transport  manager  or the enterprise  cumulatively  meets  the following  require ments:  
a) has not been criminally  convicted  by a final and irrevocable  court decision  for economic  and / or 
property  crimes,  for trafficking  in human  beings  and / or narcotic  or psychotropic  substances,  for 
crimes  in the field of road transport;  
b was not sanctioned  for contravention  3 times,  during  12 consecutive  months,  for any of the 
contraventions  provided  in par. (3); 
c) has not been deprived  of the right to exercise  an activity  or to hold certain  positions  according  to 
a final court decision.  
 
(2) The condition  of good reputation  remains  unfulfilled  until the expiration  of the prescription  for 
the execution  of the contravention  sanction,  the extinction  of the criminal  record  or the rehabilitation  
occurs.  
(3) For the purposes  of this Code,  the following  violations  shall be considered  as contraventions  that 
lead to the non-fulfillment  of the condition  of good repute  in the field of road transport:  
a) exceeding  by 25% or more the maximum  limits  of the driving  period  of 6 days or two weeks;  
b) exceeding  by 50% or more,  during  a working  day, the maximum  limit of the driving  period,  
without  a break  or without  an uninterrupted  period  of rest of at least 4.5 hours;  
c) lack of tachograph  and / or speed  limiter  or use of fraudulent  equipment  capable  of altering  the 
recordings  of the recording  equipment  and / or speed  limitation  device,  falsification  of record  sheets  
or data downloaded  from the tachograph  and / or card tachograph  of the driver;  
d) the transport  of dangerous  goods  prohibited  for transport  or which  are transported  in prohibited  
or unapproved  isolation  conditions  or without  their identification  as dangerous  goods  marked  on the 
vehicle,  creating  an immediate  risk for the safety  of road traffic;  
e) transporting  a road vehicle  with a serious  deficiency in the braking  system,  steering  mechanism,  
wheels  / tires, suspension,  or chassis,  which  would  create  an immediate  risk to road safety,  as 
determined  in accordance  with a regular  technical  inspection  station;  
f) the transport  of persons  or goods  by the enterprise  in the absence  of authorizations  and 
documents  obligatory  for the type of transport  performed;  
g) the carriage  of goods  more than 20% of the maximum  authorized  total mass for road vehicles  
with a permissible  payload  exceeding  12 t or at least 25% for road vehicles  with a permissible  
payload  not exceeding  12 t. WT/TPR/M/428/Add.1  
 
- 31 - 
 
   
Art. 19. - (1) The condition  regarding  the financial  capacity  is fulfilled  when  the enterprise  can, at 
any time, meet its financial  obligations  during  the annual  financial  year. 
(2) For road haulage  operators  carrying  out road haulage  operations  in international  traffic,  the 
condition  regarding  financial  capacity  shall be deemed  to be fulfilled  if they can demonstrate,  at the 
request  of the competent  control  bodies,  that they have share  capital  and additional  capital,  reserves  
and total fixed assets  totalling:  
a) at least EUR 9000 for a single  road vehicle  used and at least EUR 5000 for each of the additional  
road vehicles  used,  for which  appropriate  registration  is required,  confirmed  by the extract  from the 
Register  of road transport  operators  - in the case of transport  operators  carrying  out road haulage  
operations  in international  traffic  on the basis of multilateral  ECMT  authorizations  and road haulage  
operators  carrying  out road haulage operations  through  occasional  services  in international  traffic  
on the basis of INTERBUS  cards;  
b) at least EUR 2000 for a single  road vehicle  used and at least EUR 1000 for each of the additional  
road vehicles  used,  for which  appropriate  registration  is required,  confirmed  by the extract  from the 
Register  of road transport  operators  - in the case of transport  operators  carrying  out road transport  
operations  in international  traffic,  except  for those  specified  in letter  a). 
 
(3) For road haulers  carryi ng out road haulage  operations  in international  traffic,  the fulfillment  of 
the condition  relating  to financial  capacity  shall be demonstrated  based  on the company's  annual  
accounts  or the latest  balance  sheet  recorded  in the statistical  bodies  or based  on a certificate  issued  
by one or more.  Several  banks  or other  financial  institutions,  including  insurance  companies,  which  
guarantee  for the given  enterprise  through  a personal  and joint and several  guarantees  for the 
amounts  established  in par. (2) lit. a) and b). 
(4) The value  in national  currency  of the amounts  indicated  in par. (2) lit. a) and b) shall be 
established  each year according  to the exchange  rate published  by the National  Bank of Moldova  on 
the first working  day of October.  This course  applies  during  the following  calendar  year starting  with 
January  1st. 
Art. 20. - (1) The condition  regarding  the professional  competence  of the enterprise  is fulfilled  if its 
road transport  manager  is the holder  of a certificate  of professional  competence.  
Any transport  operation  between  two points  within  the Republic  of Moldova  done by a foreign  
transport  operator  are qualified  as cabotage,  and in accordance  with the art. 47 of the Road 
Transport  Code states  that: 
(1) Road transport  in cabotage  regime  is prohibit ed on the territory  of the Republic  of Moldova  for 
foreign  carriers,  unless  the bilateral  or international  agreements  and conventions  to which  the 
Republic  of Moldova  is a party provide  otherwise.  
(11) In case of finding  a cabotage  operation  by a foreign  road transport  operator,  the Agency  will 
withdraw  the authorization  of road passenger  transport  by regular  services,  unless  the international  
treaties  to which  the Republic  of Moldova  is a party  provide  otherwise.  
(2) By derogation  from the provisions  of par. (1), cabotage  is authorized  for the following  services:  
a) road transport  of passengers  by special  regular  services,  provided  that it is the subject  of a 
contract  concluded  between  the organizer  and the road transport  operator;  
b) road transport  of passengers  by regular  services,  provided  by a foreign  road transport  operator,  
during  a regular  road transport  service  in international  traffic,  in accordance  with the provisions  of 
this code and of the bilateral  agreements.  
(3) Unless  the bilateral  agreements  to which  the Republic  of Moldova  is a party provide  otherwise,  
the conduct  of the cabotage  operations  provided  in par. (2) falls within  the scope  of national  law as 
regards:  
a) the conditions  governing  the road transport  contract;  
b) the total mass and the admissible  dimensions  of the road vehicles.  
 
 
 
 
  WT/TPR/M/428/Add.1  
 
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  UKRAINE  
Ukraine expresses its gratitude to Moldova for standing with Ukraine in these terrifying times and 
not remaining indifferent in the face of the unprecedented and illegal aggression of the RF.  
 
2 TRADE AND INVESTMENT REGIMES  
2.3 Trade Agreements and Arrangements  
2.3.2 Regional and preferential agreements  
Relations with the European Union  
Page 29 (Para 2.21)  
According to the Report, the Government of the Republic of Moldova implemented two Action P lans 
for the implementation of the Association Agreement between 2014 -16 and 2017 -19, with a new 
one under preparation.  
 
1. Ukraine would appreciate if Moldova could share more details regarding the process of 
approximation its legislation to the EU acqui s in the areas of technical regulations, standards and 
conformity assessment; sanitary and phytosanitary measures and energy sector.  
 
Moldova's  answer:  Considering the commitments assumed by the Republic of Moldova in the field 
of standardization, dynamic measures have been taken in order to meet the pre -established 
requirements of the Association Agreement.  
 
Thus, over 29 000 European standards, including those harmonized, have been adopted as 
Moldavian ones, which represents 100% of the total standards published by EU bodies (CEN and 
CENELEC).  
*During the  period 2014 – 2021 so far 11 340 conflicting standard s have been withdrawn.   
Art. 173 of Association Agreement RM -UE provides that Republic of Moldova shall progressively 
incorporate the relevant Union acquis into its legislation in accordance with the provisions of Annex 
XVI to the Agreement.  
 
In this regar d, the progress in approximation of Moldovan legislation to the EU is present in table 
below:  
 
 Total EU acts  Done  
Horizontal EU acts  6 6 
New Approach and CE marking  24 23 
New Approach no CE marking  2 2 
Cosmetics  8 8 
Construction of vehicles  14 1 
Chemicals  15 15 
Pharmaceuticals  12 6 
 
During 2017, the National Accreditation Center MOLDAC activity was focused on preparation for 
Peer-evaluation of MOLDAC by European Accreditation Cooperation Team (EA), which took place on 
15-25 of February 2017, as well as on carrying out the necessary ac tions from findings raised by EA 
team, in order to obtain the recognition of MOLDAC by European Accreditation Cooperation.  
 
Following this evaluation, which was carried out based on clear evaluation procedures and criteria, 
established by European and int ernational organizations for accreditation (EA/ILAC/IAF), was 
demonstrated MOLDACs conformity with ISO/IEC 17011 requirements, as well as with requirements 
of Regulation (CE) no. 765/2008, of Law No.  235/2011 and of applicable EA, ILAC, IAF documents.  
 
The regulatory framework of the field of food safety (SPS) continues to be harmonized with the EU 
acquis (in accordance with Annex XXIV -B to the EU -Moldova Association Agreement.  
The final list of legislative harmonization in the field of sanitary and phytos anitary measures was 
finalized in 2015, the maximum term of implementation of the approximately 230 acts being 2020.  
 
The documents were included in the draft NAPIAA for years 2017 -2019. An important act was 
approved during the reference period, namely th e National Strategy on Food Safety for years 
2018-2022. This is the first strategic document describing the national food safety framework, as 
well as the main obstacles in this area. The Action Plan for the Strategy presents six priority areas 
for interve ntion, with a well -defined timetable.  WT/TPR/M/428/Add.1  
 
- 33 - 
 
   
With regard to the approximation of phytosanitary legislation, among the normative and legislative 
acts that have been the subject of transposition of the acquis communautaire have been: adoption 
of Law No.  245/2017 f or amending and supplementing certain acts legislation on amending Law No.  
228/2010 on plant protection and phytosanitary quarantine; approval of Government Decision no. 
458/2018 regarding the amendment of Government Decision no. 558/2011 on measures to pr event 
the introduction and spread into the Community of potato spindle tuber viroid; Approval of 
Government Decision no. 209/2019 for the identification of community protected areas, exposed to 
certain phytosanitary risks and others.  
 
One of the major obje ctives, in this context, is to expand the list of products of animal origin with 
right to export on the EU market, with the attainment of the right to export eggs and, subsequently, 
poultry meat, an action that the authorities have for several years in a r ow promised to accomplish.  
 
By the Commission Implementing Regulation (EU) 2021/404 of 24 March 2021 laying down the lists 
of third countries, territories, or zones thereof from which the entry into the Union of animals, 
germinal products, and products of animal origin is permitted in accordance with Regulation (EU) 
2016/429 of the European Parliament and the Council (which repealed Commission Regulation (EU) 
605/2010 of 2 July 2010), Moldova has been included in the Annex XVIII for dairy products required 
to undergo a specific risk -mitigating treatment against foot and mouth. Therefore, this will allow the 
Commission to apply for Moldova the principle of establishment pre -listing and subject to successful 
audits from DG SANTE, exports to the EU of the permi tted Moldovan dairy products may start.  
 
An important contribution to the implementation of the Moldova -EU Association Agreement was the 
transposition of the acquis communautaire in the field of energy within the national normative 
framework, while being i n line with the commitments of the Republic of Moldova assumed under the 
Energy Community Treaty.  
 
Thus, after the adoption of the Law on energy, but also of the previous laws on natural gas and 
electricity, the Republic of Moldova officially transposed th e Energy Package III at the level of 
primary legislation. At the same time, efforts have been made to adjust the legal norms in the field 
of renewable energy, as well as energy efficiency elements of the Energy Package III.  
 
Also, a series of normative acts in the energy field were approved, including: the Law No.  139/2018 
on energy efficiency; the Law No.  34/2018 for amending and supplementing Law No.  10/2016 on 
promoting the use of energy from renewable sources; the Energy S trategy of the Republic of Moldova 
until 2030 and other regulations.  
 
Progress has been made on the interconnection between the Republic of Moldova and Romania in 
the gas field. It happened, in particular, after the privatisation of "Vestmoldtransgaz" by the 
Romanian company "Transgaz", which committed to build the Ungheni -Chisinau Gas pipeline within 
up to two years, investing up to 93 million euros for this purpose.  
 
2. Could Moldova also inform on the results of implementation of t he Action Plan for the 
Implementation of DCFTA 2017 -2019?  
 
Moldova's  answer:  The quantitative evaluation of the level of achievement of the National Action 
Plan for the Implementation of the Association Agreement in 2017 -2019 indicates an implementation 
level of 71,56%. According to the Center for Harmonization of Legislation, during the period of 2017 -
2019, were transposed 224 EU acts out of the total of 420.  
 
During the years 2017 -2019, a series of amendments were made to the content of the annexes to 
Title V on Trade and trade -related matters, being updated and completed the list of EU acts to be 
transposed by the Republic of Moldova. At the same time, Annex XV on the elimination of customs 
duties was updated, by which the Republic of Moldova is granted a dditional tariff quotas without 
customs duties for the export of table grapes and plums, including a new quota without customs 
duties for cherries. Also, the thresholds triggering the anti -circumvention mechanism for wheat, 
barley, maize and processed cere als have been increased.  
 
The increase in exports to the EU made up for the decrease in exports to other destinations, such 
as the Russian Federation, as a result of imposing trade restrictions on Moldovan products. As a WT/TPR/M/428/Add.1  
 
- 34 - 
 
  result, the EU has strengthened its  position as the main trading partner of the Republic of Moldova, 
with about 69% of exports to the European market (in 2014, only 53%).  
 
An important trend was the increase of the number of Moldovan exporting companies to the EU, 
reaching in 2019 of 1837 c ompanies involved in trade, out of the total of 2518 economic agents 
engaged in export activities in that year. In this context, the top EU countries in which domestic 
companies carried out export activities were Romania, Italy, Germany, Poland and Bulgari a. 
 
It is important to mention that the elimination of tariff barriers has had significant and immediate 
positive effects on Moldovan exports to the EU. Most of the new trading regime benefited the agri -
food products, whose exports increased by 47% in 2018  compared to 2014. The export of certain 
categories of products (plums, grapes) that are subject to the annual tariff quotas exempted from 
customs duties, as well as of those subjected to the circumvention mechanism (wheat, barley, corn, 
ethyl alcohol) inc reased immediately after the start of the DCFTA implementation.  
 
2.4 Investment Regime  
Page 30 (Para 2.26)  
According to the Report, the Government introduced a requirement for large investments (including 
increases in qualified shareholding, concession contracts, or PPPs) in sectors of importance for state 
security (in particular, energy - and infrastructure -related).  
 
3. Could Moldova, please, provide more detailed information, describing the requirement for large 
investments?  
 
Moldova's  answer:  The Republic of Moldova has in force a mechanism for the examination of 
investments, established by Law No. 174/2021 o n the mechanism for the examination of investments 
of importance for state security, adopted by the Parliament on 21 November 2021. The purpose of 
the law is to protect investments in areas of importance for state security and to increase the 
transparency of investments of importance for state security. Thus, the areas of importance for state 
security are established, including critical infrastructure and critical technologies and dual use items. 
Additionally, the Government is empowered to determine which assets are important for the security 
of the state and which will fall under the scope of Law No.  174/2021.  
 
Prior to investing in a relevant sector (areas of importance for state security), any potential investor 
(local or foreign) is obliged to obtain a pproval from the Council for Promotion of Investment Projects 
of National Importance (Council), established by Government Decision No. 585/2016.  The Council 
is headed by the Prime Minister, who is assisted by a Vice -President and a Secretary. The members 
of the Council are heads of specialized public administration authorities, law enforcement, and 
control bodies, which participate in the development and promotion of the state's economic policy 
and ensure its control.  
 
The investor's application must be ac companied, among others, by: information on the share capital 
of the investor and its ultimate beneficial owner(s); the value of the investment; information on 
countries of operation and main business partners; financial statements for the last three years ; 
information on source of funds; the date of planned investment; criminal record certificates in 
relation to shareholders/ultimate beneficial owner(s), and; a statement on the intention to invest 
individually or in concert.  
 
Applications are reviewed with in 45 days of receipt, while in the first 30 days the Council can solicit 
supplementary information from the applicant. The review of applications from potential investors is 
carried out against several criteria, including:  
- reputation, knowledge, skills, and experience of the potential investor;  
- financial soundness of the potential investor;  
- the existence of suspicions about the proposed investment relating to the commission of 
money laundering or terrorist financing offenc es, or other serious or particularly serious 
crimes;  
- whether the prospective investor is controlled, directly or indirectly, by the government of a 
foreign state, including its public authorities/institutions or armed forces;  
- the extent to which an inten ded investment is likely to provide, directly or indirectly, access 
to personal data of citizens of the Republic of Moldova;  
- whether an investment is likely to have the effect of increasing or creating new cybersecurity 
vulnerabilities.  WT/TPR/M/428/Add.1  
 
- 35 - 
 
   
Decisions of the Council shall be adopted by a simple majority of votes of its members. The Council 
can either admit or reject an application, or issue a conditional approval, while setting the deadline 
to fulfil the condition (which should not exceed 90 d ays after receipt of conditional approval).  
 
Regulatory framework  
Page 32 (Para 2.37)  
 
The Report states, "In 2020 and 2021, the Government twice amended Law No.  231/2010 on 
Internal Trade. The amendments regulate certain contractual terms between buyers and sellers 
(including relating to anti -competitive behaviour and the return of food products) and introduce a 
category of foods of the "short food chain", referring to "food products manufactured and/or 
processed on the territory of the Republic of Moldov a". A list of products classified as belonging to 
the short food chain was adopted on 14 July 2021 and contains 129 items. The Law regulates how 
(non-itinerant) traders have to allocate shelf space to products from this short food chain. Where 
traders sell  products of the same category as those included in the list, they are required to allocate 
at least 50% of the shelf length to products manufactured and/or processed on the territory of the 
Republic of Moldova. According to the authorities, these provisio ns are currently not enforced and 
are undergoing revision."  
 
4. Could Moldova, please, inform more on state of play of revision process and enforcement of 
provisions of Law No.  231/2010 on  Internal Trade concerning requirement to allocate shelf space to 
products from "short food chain" and appropriate list? Are they still in force?  
5. Does a list of the "short food chain" products, approved by Government Decision No. 113 of 
14 July 2021, still contain 129 items or has it been updated? Please, clarify and provide a web -link 
to appropriate governmental decisions concerning the list.  
6. Are there any plans to improve conditions for importers softening the requirements of Law 
No. 231/2010?  
 
Moldova's  answer: The amendments to the internal trade law have been drafted in order to bring 
its provisions in line with the DCFTA and WTO. Although the law was in force, it was not applicable. 
The new draft law is coming to consolidate and develop the policies in the field of internal trade, 
through finding a balance in order to protect the interests of domestic producer, in the framework 
of a fair competition for all market participants, respecting international trading rules.  
Therefore, the draft law was discussed with all the interested parties (representatives of publ ic 
authorities, the business environment, specialized associations), whose opinions were taken into 
account when drafting the project. The draft law has been approved in the first reading within the 
Parliament on 14th of July 2022. The provision related to  50% of the shelf length have been 
excluded.   
 
The aim of the project is to achieve the following objectives:  
- aligning the national legislation with EU regulations;  
- providing SMEs (especially manufacturing ones) with the resources needed to reinvest in  the 
business in order to increase the attractiveness, competitiveness and added value of the product;  
- ensuring the predictability of the business, as well as planning and increasing stability by reducing 
the number of risk factors;  
- finding a balance i n order to protect the interests of domestic producer, in the framework of a fair 
competition for all market participants.  
 
3 TRADE POLICIES AND PRACTICES BY MEASURE  
3.1 Measures Directly Affecting Imports  
3.1.4 Other charges affecting imports  
3.1.4.2 Internal taxes collected at the border  
 
Page 44 (Para 3.46)  
In accordance with the Report "Effective 26 January 2018, the Environmental Pollution Levy is no 
longer collected at the border. Instead, the Levy is charged inland when the transaction o ccurs. The 
authorities state that the new collection mechanism is operating in a fairer manner, providing an 
equal treatment to imports and domestic products. The Environmental Pollution Levy concerns 
packaging materials, electric/electronic products, chem ical and petrochemical products (e.g. fuels, 
fertilizers, lubricants, and pesticides), and motor vehicles."  
 WT/TPR/M/428/Add.1  
 
- 36 - 
 
  7. Would Moldova, please, provide detailed information concerning the peculiarities of its new 
collection mechanism and legal regulation of the obl igation to collect a fee ("environmental fee") for 
goods in plastic packaging or "tetra -pack" packaging, imported and produced by domestic 
manufacturers in the framework of the Resolution of the Government of the Republic of Moldova 
"On Approval of the Reg ulations on Packaging and Packaging Waste" No. 561 of 31.07.2020 
(hereinafter – Resolution No. 561) in particular in the context of the Law of the Republic of Moldova 
"On Environmental Pollution Levy" No. 1540/1998 of 25.02.1998 (hereinafter – Law No.  1540).  
 
Moldova's  answer:  According to the Law No.  1540/1998 regarding the payment for environmental 
pollution:  
• subjects of the regulated tax are legal persons, regardless of the type of property and legal form 
of organization, and natural persons who carry out entrepreneurial activity, in any form established 
by law, and who:  
a) produce goods indicated in paragraph (2) that cause environmental pollution in the process of 
use; 
b) imports goods indicated in paragraph (2) that cause environmental pollutio n in the process of 
use; 
c) procures from natural and legal persons from the territory of the Republic of Moldova who do not 
have fiscal relations with its budgetary system goods indicated in paragraph (2) that cause 
environmental pollution in the process of use (art. 11 paragraph (1)).  
 
• the categories of goods that cause environmental pollution in the process of use are the following:  
a) the goods indicated in annex no.8;  
b) plastic primary packaging (classified under tariff headings 3923 21 000, 3923 29  and 3923 30) 
containing products;  
c) the composite primary packaging containing products;  
d) the primary aluminum packaging (classified under tariff heading 7612) containing products 
(art. 11 para. (2)).  
 
• the obligation regarding the tax for the goods i ndicated in paragraph (2) arises on the date of 
import of the respective goods, on the date of delivery by the producer of the goods of own 
manufacture or on the date of procurement of goods from natural and legal persons on the territory 
of the Republic o f Moldova. fiscal relations with its budgetary system (art. 11 par. (3)).  
 
Until 2018, the responsibility for collecting the environmental tax on imports rested with the Customs 
Service. With the amendments introduced to Law No.  1540/1998, producers are ob liged to calculate 
individually  the payments for environmental pollution and to pay to the state budget the 
corresponding amounts. The responsibility of controlling the collection of payments mentioned in 
Articles 6, 9, 10 and 11 rests with the State Tax S ervice. Producers are required to submit a monthly 
report regarding the calculation of the environmental tax to the state tax service by the 25th of the 
following month. At the same time, we  kindly  inform that the Regulation on packaging and packaging 
waste, approved by GD no. 561/2020, does not provide for the obligation to apply environmental 
taxes. That Regulation stipulates for the duty to apply the principle of extended producer 
responsibility (EPR), an intervention that aims to strengthen the reuse, p revention, recycling and 
other ways of recovery of waste.  
 
8. Please, clarify if the provisions of Law No.  1540, which prescribed the exemption of domestic 
entities from the established fee, were cancelled and whether the new regulations concerning this 
issue, which are in conformity with the Directives of the European Union and the Law of the Republic 
of Mold ova "On Waste", entered into force.  
Moldova's  answer:  The legal norms providing that the tax for goods which, in the process of use, 
cause environmental pollution apply only to imported products, were modified by Law No.  138 of 
17-06-2016 on amending and supplementing some legislative acts, thus excluding the  phrase 
"import of goods" and extending the scope of the law on all products that pollute the environment 
in the process of use, regardless of country of origin or their provenance in general.  The mentioned 
changes entered into force on 01.07.2016.  
 
9. Wou ld Moldova kindly explain what financial obligations for the collection and processing of 
packaging waste will arise for business entities (manufacturers and importers) that sell packaged 
products on the market of the Republic of Moldova?  
 WT/TPR/M/428/Add.1  
 
- 37 - 
 
  Moldova's  answer : With regards to the products imported in the Republic of Moldova which 
furtherly are going to become waste on the territory of the country, we consider that the 
responsibility for their management also belongs to the producers. As a result, producers who  place 
goods on the market of the Republic of Moldova, that would generate packaging waste, will be 
subject to the provisions of the legislation related to EPR; thus they will, individually or collectively, 
participate in the process of collection and proc essing of waste in accordance with the provisions of 
GD 561. We inform you that the application of the EPR principle will be taken over in stages (step 
by step) by producers and importers, and for this purpose the deadlines for initiating the annual 
target s for collection, recycling and recovery of packaging waste have been extended, based on the 
EPR principle, for a period of 2 years (starting with 2024), approved by the Ministry of Finance. 
Therefore, the transition period of 2 years will be sufficient to  strengthen the legal framework related 
to the takeover and application of EPR by the business environment.  
 
10. Ukraine would appreciate if Moldova could explain when the specified financial obligations will 
arise in accordance with Resolution No. 561, an d whether they will be superimposed on the obligation 
to pay the fee provided for by the Law No.  1540, which may lead to double costs for importers?  
 
Moldova's  answer:  The obligations of the producer in GD 561 are to be applied starting with 
January 1, 202 4. At the same time, we are working on amending Law 1540, so that producers are 
not disadvantaged in case of participation in the EPR system.  
 
11. Are there any plans to make appropriate amendments to the abovementioned provisions of the 
Law No.  1540?  
 
Moldova's  answer:  We mention that, in 2021, as a result of the reorganization of the Central Public 
Authority, the Ministry of Environment was formed, within which a special directorate was 
established to supervise the process of elaboration of environmental economic mechanisms. 
Currently, intensive work is being done to review environmental policies, regulations and normative 
acts so that they are in line with European Union legislation, including the Law No.  1540.  
 
3.2 Measures Directly Affecting Exports  
3.2.3 Export prohibitions, restrictions, and licensing  
Pages 47 -48 (Para 3.70)  
 
The Report notes that export restrictions are managed through export licensing requirements. 
Similar to the import licensing regime, an export licence is not consignme nt-specific, but an exporter -
specific authorization for activities. Most types of export licences are issued by the Public Services 
Agency, while export licences for wild animals/plants, and endangered species of wild fauna and 
flora are issued by the Envi ronmental Agency.  
 
12. Could Moldova, please, elaborate more details on the existing export licensing requirements?  
 
Moldova's  answer:  Procedure for the authorization of export and import activities of plants and 
animals from  
wild flora and fauna, parts a nd derivatives thereof, and import / export or re - export of species of 
fauna and flora regulated by the Convention on International Trade in Endangered Species of Wild 
Fauna and Flora  (CITES) is provided in the Animal Kingdom Law No.  439/1995 and the Law  
Vegetable Kingdom Law No.  239/2007.  
 
Import and export of plant objects, parts and accessories thereof, collected from wild flora, live, 
fresh or semi -processed, are allowed only on the basis of the Agreement for the import or export of 
objects of the pla nt kingdom, issued by the Environment Agency.  
Import, export, re -export and transit of objects of the plant kingdom, of the parties and  their 
products, governed by the Convention on International Trade in Endangered species of wild fauna 
and flora (CITES) are allowed only based on the CITES permit/certificate, issued by the CITES 
management body – Environmental Agency.  
 
The import/export Agreement is issued free of charge within 15 days of submission  complete set of 
documents, only for a single transaction, and is valid for 3 months from the date of issue.  
 
The CITES import, export, re -export or transit permit/certificate is issued only  for a single transaction 
and is valid for 6 months from the date of issue.   WT/TPR/M/428/Add.1  
 
- 38 - 
 
   
The list of documents on the basis of which the environmental agreement or the CITES certificate is 
issued are expressly indicated in the Law of the Animal Kingdom, the Law of the Plant Kingdom and  
he Procedure for authorizing the export and import activities of plants and animals  of wild flora and 
fauna, their parts and derivatives,  and import/export or re - export of species of fauna and flora 
regulated by the Convention on International Trade in Endangered Species of Wild Fauna and Flora 
of extinction CITES published in the OFFICIA L GAZETTE, 2002, Nr. 96 -99 art.221.  
 
Contravention Code of the Republic of Moldova no. 218/2008 to Chapter IX  INFRINGEMENTS IN THE 
FIELD OF ENVIRONMENTAL PROTECTION provides the sanctions for cases of collection or 
destruction, illegal trade in plants, cap ture or destruction of animals included in the Red Book of the 
Republic of Moldova and in the annexes  to the Convention on International Trade in Wild Fauna and 
Flora on  extinction (CITES), as well as for infringements of export or import rules.  
According to the provisions of Annex no. 1 of Law No.  160/2011 on the regulation by authorization 
of the entrepreneurial activity, the following licenses are currently instituted for export:  
 - License for the collection, storage, processing, marketing and export of  waste and scrap of ferrous 
and non -ferrous metals, spent batteries and accumulators, including in the processed state  
 - License for the production, assembly, import and / or export, re -export, sale of civilian weapons 
and ammunition and repair of civilia n weapons  
- License for the production, import, export, re -export, trade, storage of explosive materials and / 
or performance of works with explosives for civil use  
- License for the production, assembly, import, export, re -export, storage, sale of pyrotec hnic 
articles and / or the provision of the service "Pyrotechnic shows and fireworks" with professional 
pyrotechnic entertainment articles  
- License for the activity of information protection: import, export, design, production and marketing 
of special tec hnical means intended for the secret obtaining of information (except for the activity 
carried out by public authorities invested with this right by law); and / or the provision of services 
in the field of cryptographic information protection (except for t he activity of protection of state 
secrets); and / or the provision of services in the field of technical information protection (except for 
the activity of protection of state secrecy)   
 
3.3 Measures Affecting Production and Trade  
3.3.4 Competition policy , state aid, consumer protection, and price controls  
Price controls  
Pages 58-59 (paragraphs 3.1 24-3.125 )  
Under the Report, price regulation in Moldova is carried out at the sector level, and the State 
primarily intervenes in the formation of prices by limiting the trade mark -up. The Report lists some 
products/services, including socially important goods, which are subject to regulated prices, and it 
notes that, according to the authorities, the relevant regulations have not changed since 2015.  
However, according to Ukrainian meat poultry producers a mark -up of 20% was imposed on all types 
of poultry meat ( HS 0207) in February 2022 and it effects market competition conditions.  
 
13. Could  Moldova kindly elaborate if such products as poultry meat (HS 0207) are still  subject to 
regulated prices, capping trade margins up to 20% in accordance with the Decision of the 
Commission for Emergency Situations of the Republic of Moldova of 25 February 2022 № 2?  
14. If so, does Moldova have any plan to terminate its dec ision concerning imposition of 20% trade 
mark-up on all types of poultry meat?  
15. What is the base upon which the trade mark -up is established on domestic and imported products 
subject to regulated prices?  
16. What pricing methodology is used and is ther e any  difference in the formation of prices for 
domestic manufactures and for foreign producers/distributors?  
17. Can distributors include, for example, costs related to storage and distribution of imported 
products, which are under price regulation, in pu rchase price?  
18. Ukraine would appreciate if Moldova could  provide a web -link to appropriate legal act  on 
methodology used for the formation of regulated prices.  
19. Could Moldova inform on the amendments to the Resolution of the Government of the Republi c 
of Moldova No. 774/2016 on marketing prices for socially significant products that have been 
implemented or are planned to be implemented concerning poultry meat?  
 
Moldova's  answer:  Since March 2022, through the Decision № 2 of 25 February 2022 of the 
Commission for Emergency Situations of the Republic of Moldova, poultry meat was included in the WT/TPR/M/428/Add.1  
 
- 39 - 
 
  List of socially important goods, for which is applying the limited trade mark -up is appl ied on internal 
market sale. Decision № 2 of 25 February 2022 is applicable during the period of emergency.  
The mechanism establishing the price for socially important goods on internal market is provided in 
Government Decision № 774/2016 
https://www.legis.md/cautare/getResults?doc_id=120 517&lang=ro : 
- socially important goods are commercialized at purchase prices/ delivery prices with 
application of trade margins up to 20%, except for bread and bread rolls for which the 
trade margins will not exceed 10%  
- socially important goods, imported  and national, which have been processed in 
commercial units, are commercialized with application of trade margins up to 40% of 
cumulating purchase price / delivery price.  
In accordance with pt. 3 of Annex № 1 of the Government Decision № 774/2016 the pur chase price 
is the price of producer/distributor abroad, decreased by the amount of discount granted, indicated 
in primary documents, considering the import duties paid (except VAT, which will be transferred to 
the account), cost for transportation (depend ing on delivery conditions), recalculated in MDL, 
according to the official exchange rate of the MDL established by the National Bank of Moldova, on 
the date of custom transaction.  
 
4 TRADE POLICIES BY SECTOR  
4.2 Mining and Energy  
4.2.1 General features  
Page 83 (Para 4.29)  
The Report states that the Republic of Moldova `s energy policy focuses on improving integration  in 
regional markets, strengthening energy security, complying with EU Directives, increasing electricity 
generation capacity, and promoting energy efficiency and renewable energy.  
 
20. Would Moldova, please, inform more on measures implemented by Moldova to improve energy 
efficiency?  
 
Moldova's  answer:  In 2018, the Republic of Moldova has adopted the new Law No. 139/2018 on 
Energy Efficiency, which fully transposed the Directive 27/2012/EU on energy efficiency, Moldova 
being the first Energy Community Contr acting Party to transpose the Energy Efficiency Directive. In 
order to promote the effective application of the law, were promoted and approved secondary 
legislation on: Energy Efficiency Agency, National Energy Efficiency Action Plan 2019 -2021, Program 
for implementation of the obligation regarding renovation of the buildings of the specialized central 
public administration authorities for 2020 -2022, new Regulation on energy auditors and energy 
audit.  
Also, the transposition of the Eco -design Directive No.  2009/125/EC in the Republic of Moldova was 
achieved in 2014, by adopting the Law No.  151/2014 on eco -design requirements for energy -related 
products, and the transposition of the Energy labelling Directive no. 2010/30/EU in the Republic of 
Moldova was ach ieved in 2014, by adopting the Law No.  44/2014 on energy labelling requirements 
for energy -related products.  
 
We have under implementation several investments projects: Second District Heating Efficiency 
Improvement Project financed by IBRD -World Bank Grou p (EUR 92 million); Chisinau Energy 
Efficiency in Public Buildings financed by EIB, EBRD and E5O (EUR 25.0 million); Balti District Heating 
Phase 2, financed by EBRD (EUR 17.0 million.); Moldova Energy Efficiency Project financed by EIB, 
EBRD and EU (EUR 7 5,5 million.)  
The Ministry is working on ensuring the transposition into national legislation of the Energy Efficiency 
Directive 2018/2002 by the end of 2022.  
 
4.3 Services  
4.3.1 Financial services  
Regulatory environment  
Page 92 (Para 4.62)  
The Report describes new regulatory framework of the financial sector, in which b anking continues 
to dominate. In particular, it informs on  adoption of Law No.  202 of 6 October 2017 on the Activity 
of Banks that replaced Law No.  550/1995 on Financial Insti tutions.  
 
 
21. Would Moldova, please, clarify whether branches of foreign financial institutions can be 
established in the Republic of Moldova and what legislative act regulates this issue?  WT/TPR/M/428/Add.1  
 
- 40 - 
 
  Moldova's  answer:  "According to Article 24 of Law No.  202/2017 on  the activity of banks[3], banks 
having their headquarters in another state and which are licensed in another state can carry out 
activities on the territory of the Republic of Moldova by opening a branch only if they are licensed 
by the National Bank of Moldova and respectively m eet the conditions and requirements of Law No.  
202/2017 and Regulation on the licensing of the bank and the branch of the bank from another 
state, approved by the Decision of the Executive Board of the National Bank of Moldova No. 328 of 
13 December 2019[4]. The mentioned conditions and requirements are of prudential nature and are 
in accordance with the WTO General Agreement on Trade in Services (GATS)."  
 
4.3.1.3 Other non -bank financial institutions and capital markets  
Page 95 (Para 4.80)  
Under the Repo rt the National Commission for Financial Markets will remain the supervisory authority 
for the non -bank credit organizations and savings and credit associations until July 2023, when this 
responsibility will shift to the National Bank of Moldova.  
 
22. Wha t measures are envisaged for transferring the functions of supervision over the non -bank 
credit institutions and savings and credit associations from the National Commission for Financial 
Markets to the National Bank of Moldova?  
 
Moldova's  answer:  According to Law No.  178/2020 for the modification of some normative acts, 
the transfer of responsibilities from the National Commission for Financial Markets (NCFM) to the 
National Bank of Moldova (NBM) includes the transfer of attributions regarding the 
licensing/authorization/issuance of the approval for state registration, regulation and supervision of 
the activity of the non -bank credit organizations and savings and credit associations, of insurers, 
reinsurers and insurance and/or reinsurance intermedi aries, of the National Bureau of Motor Insurers 
of the Republic of Moldova, and of credit history bureaus.  
The transferring process of the regulatory and supervisory functions is effectively implemented under 
classic Project Management system. For the succ essful implementation of the transfer, NBM 
collaborates closely with NCFM, and in this regard was signed a memorandum of understanding on 
the transfer of responsibilities. NBM has elaborated an action plan for the transfer of the regulatory 
and supervisory  functions and established the future organizational structure.  
As for the supervision process of the non -bank credit organizations and savings and credit 
associations, NBM intends to develop a regulation regarding on -site and off -site inspections on the 
activity of non -banking financial institutions and the criteria for establishing sanctions and remedial 
measures.  
 
Until 1 July 2023, NBM advises on all draft normative acts prepared by NCFM related to regulation 
and supervision of the activities to be tran sferred to the NBM (insurers/reinsurers; insurance and/or 
reinsurance carried out by intermediaries, of the National Bureau of Motor Insurers of the Republic 
of Moldova, of savings and credit associations, of credit history bureaus and non -bank credit 
organizations)."  
 
The provisions of the Law No.  178/2020 set up the legal framework for the transfer to NBM (National 
Bank of Moldova) of NCFM responsibilities for the insurance sector (including insurance 
intermediaries), savings and credit associations, non -bank credit organizations and credit history 
bureaus starting from July 1, 2023.  
 
To ensure the law enforcement, the following actions were undertaken:  
 
- The joint working group has been set up to ensure the inter -institutional dialogue between NCFM 
and N BM; 
- The Memorandum of Understanding on the transfer of responsibilities between NCFM and NBM was 
approved and signed. At the same time, the Action Plan for future actions were approved;  
- Joint working meetings are organized and the requested materials a nd information are provided.  
 
23. Does Moldova plan to improve laws and regulations on this matter?  
 
 
3 http://www.bnm.md/en/content/law -banks -activity -no-202-06-october -2017. 
4 http://www.bnm.md/en/content/regulation -licensing -bank-and-branch -bank-another -state-approved -
decision -council . WT/TPR/M/428/Add.1  
 
- 41 - 
 
  Response:  
During the last years, NCFM has undertaken important steps to improve the regulatory and 
supervisory framework on insurance and non -bank credit s ector.  
 
On April 7, 2022 the Parliament of RM adopted in the final reading the Law No.  92/2022 on the 
Business of Insurance and Reinsurance. It transposes partially (Pillar II and III) the provisions of 
Directive 2009/138/EC on the taking -up and pursuit of the business of Insurance and Reinsurance 
(Solvency II). This Law shall enter into fo rce on January 1, 2023. The Supervisory Authority, within 
6 months from the date of entry into force of the Law, shall draw up and adopt its normative acts in 
accordance with the Law. The transition period for compliance with minimum capital requirements 
(3,200,000 euros – non-life; 6,400,000 euros – composite) has been set at 5 years.  
 
On April 21, 2022 the Parliament of RM adopted the Law No.  106/2022 on the compulsory insurance 
against civil liability for the damage caused by vehicles. This Law shall ent er into force on April 1, 
2023 and transposes partially the provisions of Directive 2009/103/EC relating to insurance against 
civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure 
against such liability an d the provisions of Article 21(2) and 181(3) of Directive 2009/138/EC on the 
taking -up and pursuit of the Business of Insurance and Reinsurance (Solvency II).  
 
In order to strengthen the financial stability of the non -bank credit sector and to promote cons umer 
protection and responsible lending practices to reduce the risk of over -indebtedness of population, 
NCFM has approved the Regulation on Responsible Lending Requirements for NBCOs 
(no.20/5/2022), which aims to establish requirements for NBCOs registere d in the NBCOs Register 
regarding non -bank lending and/or financial leasing for consumers, including on the conditions and 
assessment of the client's ability to repay the non -bank loan and/or financial leasing. The Regulation 
defines that responsible lendi ng is the lending activity in which the creditor assesses the debtor's 
creditworthiness, does not assume excessive credit risk, does not allow the debtor to assume 
excessive financial obligations and does not contribute to the excessive accumulation of deb tors' 
indebtedness. Meanwhile, the assessment of a debtor's creditworthiness is the assessment of the 
debtor's ability to assume a certain obligation under the credit agreement that the debtor could 
honor together with all other credit obligations already assumed. The Regulation also sets up 
categories of information, which shall be collected and evaluated by the creditor when assessing the 
creditworthiness of a debtor. The document enters into force on September 1, 2022.  
 
PART II: QUESTIONS REGARDING THE R eport BY THE REPUBLIC OF MOLDOVA 
(WT/TPR/G/428)  
2 OVERVIEW OF RECENT ECONOMIC DEVELOPMENTS AND REFORMS  
2.3 Economic Developments and Reforms  
2.3.5 IP rights  
 
Page 22 (Para 2.149)  
According to the Report, the Moldovan IP system continued to be developed in accordance with the 
international and European commitments in the field, including WTO/TRIPS, WIPO treaties and RM -
EU Associations Agreement and in line with the goals provided in the National Intellectual Property 
Strategy (NIPS) up to 2020 a nd the NIPS implementation Action Plans for the years 2015 -2017 and 
the 2018 -2020 respectively.  
 
 
24. Could Moldova , please , elaborate on the next steps envisaged by the Government to approximate 
its legislation to the EU acquis in the IP sphere, including  on implementation of the new NIPS?  
 
Moldova's  answer:  The European integration was one of our main priorities of the National 
Intellectual Property Strategy for 2020, and Moldova has brought its IP legislation in line with 
international standards (WIPO tr eaties) and the EU acquis as part of the process of preparing the 
country for the EU –Moldova Association Agreement.  
 
In addition, Moldova is making efforts not only to ensure the legal compliance with the EU legislation 
but also to implement efficient mec hanisms for its application, improving the IP reflated procedures 
for IP examination, granting and enforcing IP rights in accordance with best EU practices.  
With this in view, the September 2021, the State Agency on Intellectual Property (AGEPI) of the 
Republic of Moldova, the central administrative authority subordinated to the Government 
responsible for the examination of applications and granting intellectual property rights in the WT/TPR/M/428/Add.1  
 
- 42 - 
 
  Republic of Moldova, adopted its Strategic Development Plan for the year s 2022 -2024, which focuses 
on four priorities: (i) development of the IP system; (ii) promotion of IP rights (IPRs); (iii) 
modernization of information services and systems; and (iv) sustainable institutional development.  
 
The AGEPI Strategic Development Plan for 2022 -2024 was elaborated following the provisions and 
priorities outlined in the strategic program documents of the European Patent Office (EPO) and the 
European Union Intellectual Property Office (EUIPO).  
Since June 23, 2022, when Moldova was granted the status of EU candidate country, the 
harmonization of the national IP legislation with the EU Directives and Regulations is envisaged and 
the cooperation of Moldovan Authorities with the EPO and EUIPO is und er consolidation, and 
participation of Moldovan in an observer status within the EPO and EUIPO member states meetings 
is considered to be requested.  
 
As to the elaboration and the adoption of a new NIPS, the work is ongoing. In 2021, an Evaluation 
of the Implementation of the National Intellectual Property Strategy for the entire NIPS period 
(2012 -2020) was conducted and a Report was released in December 2021. The Report was 
conducted by AGEPI based on outcomes of the NIPS Action Plans Implementation Repor ts but also 
other relevant information and indicators. The Final Evaluation Report on the Implementation of the 
National Intellectual Property Strategy 2020 is available at: 
https://www.agepi.gov.md/sites/default/files/2022/04/RE_SNPI_2020.pdf . 
Based on the outputs of the NIPS Evaluation Report and taking into consideration the new 
commitments arising from the status of Moldova as a EU candidate country, a new IP Strategy is 
considered to be elaborated for the period up to 2030, in close consultation with EU IP organizations 
(EU|IPO and EPO) but also with the support of World Intellectual Property Organization.   
 
 
  WT/TPR/M/428/Add.1  
 
- 43 - 
 
  RUSSIAN FEDERATION  
Question № 1:  
Could the Republic of Moldova please identify the key features of the state subsidy measures that 
are provided for the enterprises? Which support measures are provided to companies operating in 
the agricultural sector?  
 
Moldova's  answer:  The Republic of Moldova generally provides only Green Box support measures, 
as previously reported to the Members in DS1 notifications. Domestic support measures applied by 
the Republic of Moldova in 2016 are those reported in Supporting Table DS:1. The notified support 
across most types of general support relate to Research in agriculture biotechnologies, soil fertility 
and food security, Pest and disease control, Extension and advisory services, Payments for relief 
from natural disasters, Public stockholding for food sec urity purposes, and Investment aids.  
 
Question № 2, 3:  
Russian Federation Question: Could the Republic of Moldova please identify the measures taken 
towards development of a sustainable and inclusive economy? Which measures are taken or 
expected to be take n regarding both domestic and foreign suppliers?  
 
Moldova's  answer:  By the decision of the European Council of June 23, 2022, the Republic of 
Moldova obtained the status of a candidate country for EU membership. In this regard, the National 
Development Str ategy 2030 is currently in the process of reconceptualization and updating. 
Government approval of the document is planned in the third quarter of 2022. We will be able to 
provide concrete information on the provisions of the Strategy, once it is finalized . 
 
 
Question № 4:  
The Republic of Moldova has joined the "Joint statement on aggression by the Russian Federation 
against Ukraine with the support of Belarus " (WT/GC/244 as of 25 March 2022). How is that 
consistent with what is stated in para 2.14, in particular that Moldova "grants at least MFN treatment 
to all of its trading partners "? 
 
Moldova's  answer:  In its capacity as WTO Member State, the Republic of Mo ldova stands 
committed to the purposes of the Organization aimed at improving the international economic 
cooperation, maintaining peace and security and promoting the progressive development of the 
economies of all the contracting parties.  
Similarly, to m any Member States, the Republic of Moldova considers that Russia 's military 
aggression against Ukraine represent a flagrant violation not only of the UN Charter, but also of the 
WTO basic rules and principles.  
Given its geographical proximity, Moldova is among the most affected countries in the region facing 
big challenges due to this unjustified war which seriously impacts population 's welfare, including 
food security. Moldova 's economy is severely damaged by disturbances in the supply chains and in 
our e xport markets, due to full stop of our trade flows to war affected regions as well as the high 
spikes in commodities and inputs prices.  
The Republic of Moldova remains committed to an open and transparent multilateral trading system 
and firmly supports th e respect for the principles of the UN Charter and the international law.  
 
Question № 5:  
It is stated that "at the end of February 2022, at least five notifications remained outstanding, in 
particular relating to the Agreement on Agriculture as a result of capacity constraints, according to 
the authorities ". When is the Republic of Moldova  going to submit the outstanding notifications to 
the WTO?  
 
Moldova's  answer:  During the review period Moldova submitted more than 130 notifications 
comprising ar ound 153 notifications. The Republic of Moldova has made regular notifications to the 
WTO, increasing the rate of notifications during the review period. At the end of 2017, Moldova had 
no outstanding notifications. It has also regularly submitted tariff a nd imports data to the WTO 
Integrated Data Base (IDB). Also, Moldova, TRIPS notifications, Customs Notifications, Import 
licensing, as well as Market Access notification.  
As related to the remaining outstanding notifications, these are related mainly to the agriculture 
notifications which were not presented due to lack of capacity and technical expertise in the relevant WT/TPR/M/428/Add.1  
 
- 44 - 
 
  institutions on DS1 notifications. The pending notific ations remain a priority for Moldova and will be 
presented following the necessary technical assistance provided by the ITTC.  
 
Question № 6:  
Could the Republic of Moldova please list the most popular e -commerce platforms?  
 
Moldova's  answer:  According to t he NBM data at the end of 2020 in the Republic of Moldova were 
registered 584 e -commerce platforms. Among the most popular platforms we can be highlighted:  
AliExpress, Amazon, or ASOS, among others is Smadshop.md; pandashop.md; smart.md, 
bigshop.md; a1.md; netmarket.md, 24mag.md; elefant.md., price.md, eshop.md.  
 
Question № 7:  
Could the Republic of Moldova please clarify the criteria the companies need to meet in order to 
participate in export exhibitions and image promotion programs?  
 
Moldova's  answer:  There are no specific requirements for participation.  
 
Question № 8:  
Please list the programs provided to female entrepreneurs?  
 
Moldova's  answer:  In order to achieve priority policies on gender equality and economic 
development, in Septembe r 2016 the Pilot Program "Women in Business" was approved 
(Government Decision no. 1064/2016), which aims to promote entrepreneurship among women, 
especially in rural areas, the development and growth of their businesses, increasing access to 
financial res ources, services and modern technologies.  
The program provides for participation in each stage of business development, as follows:  
1) Starting a business: women who plan to start and register their own business in the next 12 
months after applying to the Program.  
2) Newly created businesses: Enterprises registered in less than 2 years, created and managed by 
women.  
3) Growing companies: Companies active for more than 2 years, which are created and managed 
by women and plan to increase turnover and /or the number of employees in the next 18 months, 
by expanding the market, export and innovation.  
Based on the mentioned Program, calls for project proposals take place annually, as a result of which 
the projects that benefit from state funding are identi fied. 
 
Question № 9:  
Considering the fact that the Republic of Moldova does not provide any export subsidies, please 
identify other measures designed to stimulate the export of agricultural products.  
 
Moldova's  answer:  Indeed, Moldova does not provide any export subsidies. Among other measures 
oriented to stimulate the export of agricultural products represent the marketing and promotion 
campaigns, participation in international fairs and exhibition, etc.  
Additionally, shall be noted that the National Stra tegy for Agricultural and Rural Development 2022 -
2027 represents the third consecutive planning document in the domain of agri -food and the second 
one with regard to rural development.  
 
The strategy gives continuity to initiatives in the field funded by ex ternal partners. International 
donor programs and projects will continue to have a significant impact on both the development of 
the agro -industrial sector and the growth of institutional strengthening capacities.  
The strategic vision of this document is t o develop a competitive agro -food sector, focused on value 
chains with high potential, environmentally friendly and climate resilient, which strengthens food 
security and safety and provides better welfare and living conditions in rural areas.  
 
Based on th e development needs related to inputs, agricultural processes, markets and community 
involvement in rural development, the Strategy defines three general strategic objectives, which 
aim to strengthen the potential of the resilient agricultural sector to cl imate change, promote smart, 
efficient and sustainable agricultural practices, the development of the local market and the increase 
of the export potential, as well as the support of a sustainable rural socio -economic development.  
The main source of financ ing for the Strategy is the National Fund for the Development of Agriculture 
and Rural Areas (NFDARA). The management of NFDARA resources, as well as the resources from WT/TPR/M/428/Add.1  
 
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  development partners allocated for intervention measures in agriculture, is carried out  through the 
Agency for Interventions and Payments in Agriculture (AIPA), and in the case of projects financed 
from external sources - through Implementation Units of Projects.  
 
 
 
  WT/TPR/M/428/Add.1  
 
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  UNITED STATES  
United States of America  
1.The Secretariat's Report notes that "According to the authorities, the Government is 
required to incorporate comments received from stakeholders to the extent possible."   
Please explain where the comments are incorporated - in the final legislation, legal 
measure, policy initiati ve or policy proposal?  
 
Moldova's  answer:  The proposals received from stakeholders are incorporated in the draft 
document which is further discussed and analyzed. Depending of the proposals and provisions at 
issue, as well as of the debates/consultations these suggestions may be further incorporated in the 
final legislation or these may be excluded .  
 
2. The Secretariat's Report notes that "at least five notifications remain outstanding." 
Please describe your plans for fulfilling these transparency obligations.  
 
Moldova's  answer:  Referring to the compliance with notifications obligations of the Republic of 
Moldova within WTO, shall be noted that Moldova is a strong supporter of the principle of 
transparency promoted within WTO.   
During the review period Moldova submitted more than 130 notifications comprising around  
153 notifications. The Republic of Mo ldova has made regular notifications to the WTO, increasing the 
rate of notifications during the review period. At the end of 2017, Moldova had no outstanding 
notifications. It has also regularly submitted tariff and imports data to the WTO Integrated Data  
Base (IDB). Also, Moldova, TRIPS notifications, Customs Notifications, Import licensing, as well as 
Market Access notification.  
As related to the remaining outstanding notifications, these are related mainly to the agriculture 
notifications which were not  presented due to lack of capacity and technical expertise in the relevant 
institutions on DS1 notifications. The submission of the pending notifications remains a priority for 
Moldova and will be presented in an urgent manner, following the necessary tech nical assistance 
provided by the ITTC.  
 
3. The Secretariat's Report notes that it "foresees gradual approximation of legislation,  
rules, and procedures of the Republic of Moldova with those of the European Union," and 
further notes that the Republic of Moldova has fully harmonized 213 of the 456 EU legal 
acts listed in the Deep and Comprehensive Free Trade Agreement (Association 
Agreement).  
• Republic of Moldova's Association Agreement only requires approximation of the 
EU's acquis Communautaire. Please explain why the Republic of Moldova has chosen to 
fully harmonize with EU legal acts?  
 
Moldova's  answer:  The European integration represents one of our main priorities and Moldova 
has brought its legislation in line with international standards and the EU acquis as part of the 
process of preparing the country for the EU –Moldova Association Agreement.  
In this context, shall be noted the process of Moldova's harmonization with EU's acquis is a complex 
process of approximation which is in line with Moldova's commitments undertaken within WTO legal 
framework.  
The Association Agreement with the European Union is the main legal, instituti onal and policy 
framework that influences the development agenda of the Republic of Moldova in the medium and 
long term from a political, economic and social point of view, however the undertaken measures and 
actions shall be in line with Moldova's commitm ents within WTO and other international 
organizations.   
• For legal regulations adopted by the Republic of Moldova to protect human, animal, 
or plant life or health that differ from international standards, defined as those from the 
International Standard  Setting Bodies, has the Republic of Moldova conducted science and 
risk analyses as required by the WTO Sanitary and Phytosanitary Agreement?  
 
Moldova's  answer:  The question needs additional clarifications. Moldova's interest in a system of 
clear and effective standards encompasses measures to protect human, animal and plant life and 
health. Generally speaking, depending of the measures adopted, the Republic of Mo ldova conducts 
on a case by case basis, a scientifically evidence -based risk analysis/assessment depending of the 
risk it presents, in accordance with WTO requirements and obligations.  WT/TPR/M/428/Add.1  
 
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  4. Please explain why an investor grievance mechanism is not in place and describe your 
plans for establishing this important mechanism.  
 
Moldova's  answer:  The establishment of an investor grievance mechanism had to be set up in the 
context of the reform of the Invest Moldova Agency, the focal point for all matters related t o 
investments. The Government intends to carry out a deep reform of the respective Agency.  
 
5. The Secretariat's Report identifies one of the rationales for concluding an agreement 
for a strategic investment project as "aiming to produce goods or services for export or 
import substitution." How does the Government of the Republic of Moldova ensure that 
such agreements do not violate the WTO Agreement on Trade Related Investment 
Measures?   
 
Moldova's  answer:  The Government of the Republic of Moldova intends to repeal/exclude the 
criterion "aiming to produce goods or services for export or import substitution" by amending GD 
no. 274/2019. Meantime, after evaluating the proposals of the Working Group for Strategic 
Investment Projects, in its decision fo r concluding an agreement for a strategic investment project 
the Government will fully take into consideration the provisions of the WTO Agreement on Trade 
Related Investment Measures.  
 
6. According to the Secretariat's Report, Law No.  231/2010 on Internal Trade requires 
traders to allocate at least 50% of the shelf length to products from the "short food chain." 
According to paragraph 4.26, these products must be manufactured and/or process ed in 
the Republic of Moldova. This practice may favor domestically -produced products over 
imports. Please explain how this law conforms with the Republic of Moldova's National 
Treatment obligations.  
 
Moldova's  answer:  The amendments to the internal trade law have been drafted in order to bring 
its provisions in line with the DCFTA and WTO. Although the law was in force, it was not applicable. 
The new draft law is intending to consolidate and develop the policies in the field of internal trad e, 
through finding a balance in order to protect the interests of domestic producer, in the framework 
of a fair competition for all market participants, respecting international trading rules.  
Therefore, the draft law was discussed with all the interested parties (representatives of public 
authorities, the business environment, specialized associations), whose opinions were taken into 
account when drafting the project. The draft law has been approved in the first reading within the 
Parliament on 14th of Jul y 2022. The provision related to 50% of the shelf length have been 
excluded.  
The aim of the project is to achieve the following objectives:  
- aligning the national legislation with EU regulations;  
- providing SMEs (especially manufacturing ones) with the resources needed to reinvest in the 
business in order to increase the attractiveness, competitiveness and added value of the product;  
- ensuring the predictability of the business, as well as planning and increasing stability by 
reducing the number of risk  factors;  
- finding a balance in order to protect the interests of domestic producer, in the framework of a 
fair competition for all market participants.  
 
7. The Customs Consultative Committee described in this paragraph appears to establish 
an important m echanism for consultations between the Government of the Republic of 
Moldova and the business sector.    
• How does the Government of the Republic of Moldova reflect the views expressed 
in the Committee meetings in customs -related laws and regulations?    
• Does the Government of the Republic of Moldova publish summaries or minutes of 
the meetings?   
Moldova's  answer:  The Advisory Committee is a platform for communication with the business 
community, but also a mechanism for strengthening transparency in the work of customs bodies. Its WT/TPR/M/428/Add.1  
 
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  purpose is to increase the level of knowledge among civil society about the policies promoted by the 
Customs Service, as well as to familiarize business people with the expected changes in customs 
legislation.  
 
If foresees involvement of entrepreneurs in the decision -making process which has become an 
indispensable condition for creating a  favorable environment for the development of foreign trade. In 
this context, it is essential that the associations of carriers, exporters, customs brokers, etc. to 
become reliable partners of the Customs Service. From this perspective, the Advisory Commit tee 
offers an opportunity to approach customs legislation and procedures as a whole, but also allows the 
identification of a set of complex measures in order to improve the legislative framework 
corresponding to international standards.  
 
According to the R egulation, the Advisory Committee is an advisory body and all its decisions are 
approved by mutual agreement.  
The main objectives of the Advisory Committee are:  
- intensifying the dialogue and exchange of information between the customs and the 
business comm unity on issues related to the application of customs legislation and the 
practical difficulties related to the crossing of goods across the customs border;  
- increasing transparency in matters concerning customs procedures;  
- increasing the level of information of the business community regarding the activities 
and policies promoted by the Customs Service, as well as their familiarization with the 
expected changes in the field of customs regulations in order to assess their possible 
impact on the acti vity of those concerned;  
- improving and simplifying customs procedures by harmonizing the normative framework 
with that of the European Union and international standards in the field;  
- implementation of international best techniques and practices in the fiel d of border 
crossing procedures;  
- examining particular situations in order to eliminate possible barriers;  
- ensuring the uniform application of customs regulations by entrepreneurs involved in 
international trade;  
- creating a competitive business environment and promoting fair competition in foreign 
trade.  
All proposals related the amendments of legislations are summarized and directed to the responsible 
institutions for examination and further development.  
 
US Follow -up question:  Given that increasing transpa rency is a main objective of the Advisory 
Committee, does Moldova have plans to publish this information for stakeholders and the general 
public? If so, will that be available on the internet?  
Moldova's  answer:  The information related to the Advisory Committee work is available on the 
Customs website as well as on other relevant websites. Moldova will take into consideration the 
suggestions to publish more information related to the meetings and activity of the C ommittee.  
Additionally, all the proposals suggested (including by the stakeholders, civil society, public 
institutions) for the amendments of specific legislation are published online in the set of documents 
promoting the specific law or amendment, and co uld be found either on https://particip.gov.md/ro  
, https://gov.md/ro/advanced -page-type/sedinte -de-guvern , or Draft legislative acts 
(parlament.md)  depending on the stage of promotion.  
Serviciul Vamal al  Republicii Moldova - Advisory Committee (gov.md)  
Currently, the Advisory Committee consists of 25 members, and the Secretariat of the Committee 
is provided by the American Chamber of Commerce of Moldova (AmCham). Serviciul Vamal al 
Republicii Moldova - Members (gov.md) . 
 
The Advisory Committee membership is voluntary and open to all business associations engaged in 
international trade, as well as to the producers. Likewise, any interested legal and natural person 
may be invited to become an AC member. Such decisions appertain to the AC members who will 
submit proposals to this end. Hence, the published list is not exhaus tive and may be subject to 
revision upon the AC members ' proposal. Moreover, the Advisory Committee meetings may be 
attended by the guest experts, representing public and private organizations, representatives of 
national authorities and media, acting as o bservers.  
 WT/TPR/M/428/Add.1  
 
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8. The Secretariat's Report notes that the Republic of Moldova has no provisions for 
expedited clearance or pre -arrival clearance for shipments of goods. Please explain if the 
Republic of Moldova intends to adopt customs procedures for expedited or pre -arrival 
clearance of goods.  
 
Moldova's  answer:  The Republic of Moldova intends to adopt customs procedures for expedited or 
pre-arrival clearance of goods in conformity with its obligations undertaken within the Trade 
Facilitation Agreemen t (end of 2025 year). Shall be noted that the implementation of such procedures 
is not an easy task, representing a Category C provision, demanding financial assistance and technical 
support from donor partners and organizations.  
 
US Follow -up question:  Is Moldova currently working with Donors to implement this TFA obligation? 
If not, what challenges is Moldova experiencing in finding an appropriate Donor or implementor?  
 
Moldova's  answer:  Moldova is working with several donor partners to implement category C 
provisions, including with USAID in Moldova (assisting Moldova to fully implement the Art. 1.2 
Category C provisions), UNCTAD (which assisted Moldova in implementing the new version of Asycuda 
World), EBRD (digitalization of ATA TIR transport carnets), EU and others. In terms of challenges, 
besides capacity constraints in core institutions responsible for the implementation of the TFA, 
Moldova is facing challenges in both finding appropr iate donors and implementors.  
Economic Council to the Prime Minister of the RM  is assigned with the functions of the National 
Committee for Trade Facilitation. Economic council | Recent N ews (gov.md)  
 
9. The Secretariat's Report notes that in 2014 the Republic of Moldova implemented the 
Authorized Economic Operator (AEO) program that grants to certain importers various 
trade facilitation privileges, including reduced and priority treatment of customs contr ols.  
The Secretariat further notes that in 2015 the Republic of Moldova unilaterally recognized 
AEO's from the European Union without having negotiated a mutual recognition 
agreement.  
• Please explain the process for becoming an AEO.  
• Please explain if EU companies are required follow the same above -mentioned 
process for becoming an AEO.   
• Please explain why the Republic of Moldova chose to unilaterally recognize EU 
AEOs.  
Moldova's  answer: : The AEO (Authorized Economic Operator) progra m is based on the partnership 
between the customs authority and the economic operators who voluntarily comply with  customs 
regulations, ensure the security of goods in the international traffic, cooperate with the customs 
authority and therefore benefit fr om customs facilities and simplifications.  
The AEO program aims to enhance international supply chain security and to facilitate legitimate 
trade and is open to all the participants in the international trade.  
The AEO status may be requested by any economi c operator established on the territory of the 
Republic Moldova which is part of an international supply chain of goods and is engaged in activities 
covered by customs legislation.  
There are two types of AEO authorizations:  
• AEOC – customs simplifications;  
• AEOS – security and safety.  
Note: Both types of authorizations could be held concurrently, through issuing of a combined 
authorization.  
I. Benefits of AEO  
• Fewer physical and document -based controls, compared to other economic operators;  
• Priority treatment if selected for customs control;  WT/TPR/M/428/Add.1  
 
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  • Possibility to request a specific place for customs controls;  
• Easier admittance to customs simplifications – this benefit is provided under AEOC;  
• Prior notification if the transport is selected for customs control. Notification is made before 
the goods are presented at customs, but shall not be made where such notification might 
compromise the control results;  
• Extension of the payment term for import duties (exception: duty for customs procedures) 
by up to 3 0 calendar days;  
• Crossing the border as a matter of priority – with no queueing and via a specially dedicated 
AEO lane (where allowed by the infrastructure of the customs posts).   
The AEO authorization also provides other indirect benefits with positive impact on the company 
image. Thus, the AEO status gives the company the recognition of reliable partner, both in the 
relations with the customs and with the business partners, which further enhances customer loyalty. 
In addition, AEO means a bette r planning system, minimized risk of theft and loss, as well as of 
delays in transport due to consolidated security and communication between the partners involved 
in the supply chain.  
The companies can apply for the AEO logo, according to the approved tem plate, on commercial 
documents or otherwise, for the purpose of informing the partners and customers about holding this 
status of trust.  
 
  
The logo shall be issued upon request, by lodging an application of declaration  (.docx , .pdf) at the 
Customs Service.  
Note:  In the future, this list of facilities will be supplemented with AEO recognition in other states, 
which will provi de customs clearance benefits not only in the Republic of Moldova, but also in the 
countries with which the Republic of Moldova conclude AEO mutual recognition agreements.   
II. Obtaining the status of AEO  
Any economic operator established in the Republic o f Moldova who is part of international economic 
transactions (importer, exporter, carrier, customs broker, holder of customs warehouses, 
manufacture) may apply for the AEO status.  List of companies that hold the status of AEO and that 
accepted to be included in the AEO list.  
AEO status may de requested by all large, small or medium -sized enterprises. At the same time, 
this status is al so accessible to the newly created companies, as no criteria of minimum duration of 
activity in international trade apply on AEO applicants.   
CONDITIONS AND CRITERIA  AEOC  AEOS  
Resident economic agent  X X 
Registered as participant in foreign economic activity  X X 
Lack of debts to the national public budget  X X 
Disposal of assets with high solvency rate  X X 
Lack of repeated violations of the customs and tax legislation, including absence 
of economic offenses related to the business activity of the applicant over the 
last 3 years  X X 
WT/TPR/M/428/Add.1  
 
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  CONDITIONS AND CRITERIA  AEOC  AEOS  
Operation of a system for managing the record -keeping of commercial operations  X X 
Practical standards of competence or professional qualifications  X   
Security and safety standards    X 
 
a) Preparatory stage  
In the preparatory stage, the economic agent shall complete a Self -Assessment 
Questionnaire  (.docx , .pdf).  
The questionnaire shall be submitted to the Central Office of the Customs Service together with a 
standard application  (.docx , .pdf), accompanied by documents confirming the following information:  
1. Name, surname of the main owners / shareholders, of the members of the Board, as well as 
the addresses of those parties;  
2. Name, surname of the person in charge for the customs field within the applicant company;  
3. Description of the economic activities of the applicant;  
4. Details of the business  premises of the applicant and a brief description of the activities at 
each site. Details on the way the applicant and each location operate in the supply chain: in 
own name and on own behalf, or in the name and on behalf of another person;  
5. Clarifications  of all links between the applicant and the companies from which the applicant 
buys or supplies products;  
6. Description of the internal organization of the applicant 's enterprise. Any documents on the 
tasks / competencies of each department shall be attached . 
7. Total number of employees in each department;  
8. Names of the main managers (general manager, heads of departments, administrators of 
accounting services, officers for communication with customs). Description of the internal 
procedures applied when a compet ent employee is absent, whether temporary or 
permanently.  
9. Names and functions of the officers with specific competences in the customs field within 
the applicant's enterprise. Evaluation of the level of knowledge of these officers in terms of 
IT tools in t he customs field and on general trade issues;  
10. Accepting or refusing to publish the information included in the AEO authorization in the list 
of authorized economic agents.  
The Customs Service shall, within a maximum of 10 calendar days, verify the informat ion submitted 
and inform the economic agent on the acceptance of the request. Where found that the application 
does not include all the necessary information, the Customs Service shall request the applicant to 
provide the relevant information within a time  limit not exceeding 30 calendar days from the date 
of receipt of the application.  
The application and the attached documents shall be examined within 60 calendar days from the 
date of acceptance thereof. In well -founded and documented cases, the given term may be extended 
by a maximum of 30 calendar days, providing due notification of the applicant thereon.  
The AEO authorization is issued for an unlimited period.  
In the event that the authorization requirements are not complied with, the authoriza tion may be 
suspended or withdrawn.  
The AEO authorization shall be suspended where:  WT/TPR/M/428/Add.1  
 
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  • non-compliance with certain conditions for granting the status is found;  
• the holder of the authorization requests such suspension on grounds of temporary incapacity 
to fulf ill the requirements provided in the authorization or to comply with the obligations 
assumed under the authorization;  
• there are sufficient reasons to consider that the AEO has committed a breach of customs 
legislation. In this case, the AEO status is suspe nded for the entire duration of the 
contravention process, in accordance with the provisions of the Customs Code of the 
Republic of Moldova and the Contravention Code of the Republic of Moldova, or for the entire 
duration of the criminal process, according  to the Criminal Procedure Code of the Republic 
of Moldova;  
• unauthorized use of the AEO logo.  
The AEO authorization shall be withdrawn where:  
• the AEO with suspended authorization has failed to undertake the necessary measures and 
to remove the identified s hortcomings in order to comply with the set requirements before 
the expiry of the established suspension term;  
• AEO committed a violation of customs legislation, and the sanction applied in this respect 
became irrevocable according to a legal procedure;  
• at the request of the AEO;  
• the AEO uses the logo during the suspension of the AEO authorization.  
Furthermore, the application by which any importer can request AEO status shall be completed in 
accordance with the standard form provided by the national law. Th e applicant must submit the self -
assessment questionnaire, completed according to the model established by the Customs Service. 
The AEO audit involves all operations aimed at verifying the applicant for the AEO Authorization and 
aims to obtain a reasonable  assurance that the authorization criteria established by the Customs 
Code of the Republic of Moldova are met. The AEO authorization is granted for an unlimited period 
with continuous monitoring. Authorized economic operators are empowered to use the AEO l ogo in 
their trade relations.  
The official launch of the mutual recognition programs of the EU and the Republic of Moldova AEO, 
which aims to facilitate trade flows, was in April 2020 based on the proposed action plan on the 
Mutual Recognition Agreement (M RA) of the Authorized Economic Operator Program in the European 
Union (EU) and the Authorized Economic Operator Program in Moldova. The first step, namely the 
evaluation of the AEO legislation of the Republic of Moldova, was completed in May 2020 which 
concluded that the AEO legislation of the Republic of Moldova is compatible with the EU AEO 
legislation. In parallel with the work on the legislation, Moldova and the EU worked on the IT system 
of the MRA AEO. Currently, Moldova is developing an automatic AEO  data exchange system with EU.  
 
The European Commission has approved the proposal for a European Council Decision on the position 
to be taken on behalf of the European Union within the European Union - Republic of Moldova 
Customs Subcommittee on the adoption of the Decision on mutual recognition of authorized 
economic operators (AEO) between the European Union and the Republic Moldova.  
 
For additional information follow the link: Authorized Economic  Operator (AEO) (gov.md)   
 
10. The Secretariat's Report notes that live bovine animals (HS heading 010229), sea 
cucumbers or urchins (HS 030811 or 030821), and cottons seeds (HS 120729) have 
applied tariff rates higher than the Republic of Moldova's bound rate. If the tariff rate 
differentials reported in Table 3.3 are correct, when will the Republic of Moldova align its 
applied rates for these products with the bound rates in its schedule?  
 
Moldova's  answer:  The tariff lines which exceed the RM bound rates have been already included 
for rectification by the Ministry of Economy, proposed as amendments within the fiscal and custom 
policy package for 2023 year. It is expected that the revised tariff rates will be applied at the 
beginning of 2023. Addition ally, we have noted that, apparently, some inconformity related to bound 
and apply tariffs appeared during the process of transposition of the 2017 HS nomenclature.   
 
11. What actions is the government of the Republic of Moldova taking to address SOE 
insol vency? Is the government of the Republic of Moldova subsidizing the budget of 
commercial SOEs?   WT/TPR/M/428/Add.1  
 
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  Moldova's  answer:  The Government of the Republic of Moldova  is determined to launch 
comprehensive public -owned enterprises reforms in order to address challenges with SOEs 
governance, transparency, information disclosure, and efficiency. In this regard, government will 
develop and adopt a state -ownership policy – for all SOEs operating at the central government level 
– to identify public enterprises to undergo liquidation, privatization or reorganization.  
 
1.1.  In this context, shall be noted that under  Article  19 para. (3) lit. a) and lit. b) of Law No.  
246/2017  on State  Enterprise  and Municipal  Enterprise,  the Government  is responsible  for 
approving  the lists of state enterprises  subject  to voluntary  liquidation  procedures.  At the same  
time, it is stipulated  that, within  24 months  from the entry into force of the pre-announced  law, the 
Government  shall initiate  the reorganization  of state-owned  enterprises  into other  legal forms  of 
organization  provided  for by the legislation  (Joint -Stock  Companies,  Limited  Liability  Companies  or 
Public institution).  
1.2.  The Insolvency  Law No.  149/2012,  regulates  the insolvency  process  in the Republic  of 
Moldova  and establishes  a collective  procedure  for the satisfaction  of creditors'  claims  from the 
debtor's  assets  by applying  to the debtor  a restructuring  or bankruptcy  procedure  and by 
distributing  the finished  product.  
According  to the provisions  of this law, this procedure  applies  to legal persons,  regardless  of 
the type of ownership  and legal form of organization,  individual  entrepreneurs,  including  holders  
of entrepreneurial  patents,  insurance  companies,  undertakings  for collective  investment  in 
securities,  trust companies,  non-commercial organizations, registered in properly registered the 
Republic  of Moldova,  as well as to properties  left for inheritance  by natural  persons,  regardless  of 
whether or not they carried  out the entrepreneurial  activity,  except for  banks,  the state,  
administrative -territorial  units and legal persons whose activity is legally regulated  
 
12. In sectors where private participation is considered viable, what actions is the 
government of the Republic of Moldova undertaking to ensure that private sector 
enterprises compete on a level playing field with SOEs?  
 
Moldova's  answer:  The government is involved in the development of the State Ownership Policy, 
based on a premise that:  
• SOEs should operate in areas that, under regular circumstances, cannot be accessed by the 
private sector.  
• Competition between SOEs and private enterprises , where such competition occurs, is 
conducted on a level playing field . 
 
13. The Secretariat's Report states that "The Government developed the National 
Intellectual Property Strategy (NIPS)" and that "In 2015, the Government Decision on 
the Action Plan 20 15-2017 to Implement the NIPS was adopted, and in 2018, a new Action 
Plan for 2018 -2020 was approved." Please provide copies of the NIPS and NIPS 
implementation Action Plans for the years 2015 -2017 and 2018 -2020.  
 
Moldova's  answer:  The NIPS Action Plan for  the years 2012 -2014 was approved by Government 
Decision no. 880 of 22.11.2012 (the Decision that approved also the National Strategy on Intellectual 
Property until 2020), available in Romanian language at: 
https://www.legis.md/cautare/getResults?doc_id=19899&lang=ro , English translation available at: 
https://agepi.gov.md/sites/default/files/law/national/h_880_2012 -en_0.pdf  
The NIPS Action Plan for the years 2015 -2017 was approved by Government Decision no.491 of 
11.08.2015, available in Romanian language at: 
https://www.legis.md/cautare/getResults?doc_id=84019&lang=ro  
English translation available at: 
https://agepi.gov.md/sites/default/files/law/national/hg_491_2015.pdf  
NIPS Action Plan for the years 2018 -2020 was approved by Government Decision no. 375 of 
25.04.2018, available in Romanian language at: 
https://www.legis.md/cautare/getResults?doc_id=103023&lang=ro  
 
14. The Secretariat's Report states that "At the time of writing, the development of an 
updated IP strategy that would c ontribute to the Development Strategy 'Moldova 2030' WT/TPR/M/428/Add.1  
 
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  was under consideration with WIPO, the European Union IP Office (EUIPO), and the 
European Patent Office (EPO)."   
• What is the status of this updated IP strategy?  
• Can you provide a copy of the latest version of this strategy?  
Moldova's  answer:  The discussions are ongoing, there were several meeting s with WIPO, EPO and 
EUIPO discussing the way on going forward and the  strategic documents of the said organizations 
were examined. In the meantime, (in September 2021) AGEPI adopted its Strategic Development 
Plan for the years 2022 to 2024. It contains the main objective and priorities for AGEPI development 
in the coming 3 years . 
 
15. The Secretariat's Report states that in September 2021, the State Agency on 
Intellectual Property (AGEPI) "adopted its Strategic Development Plan 2022 -2024, which 
focuses on four priorities," including "development of the IP system" and "promotion of 
IP rights." Please provide a copy of AGEPI's Strategic Development Plan 2022 -2024.  
 
Moldova's  answer:  The AGEPI Strategic Development Plan for 2022 -2024 is provided herewith. The 
document is available only in Romanian language, and could be accessed also on th e AGEPI website, 
at: https://agepi.gov.md/sites/default/files/2021/09/PDS_AGEPI_2022 -2024.pdf   
 
16. The Secretariat's Report states that "In September 2015, the Republ ic of Moldova 
ratified the Beijing Treaty on Audiovisual Performances, which entered into force in April 
2020, and in 2018 acceded to the Marrakesh Treaty." On the other hand, Table 3.12 notes 
that Law No.  139/2010 on Copyright and Neighbouring Rights was last amended in July 
2016, several years before the Beijing Treaty entered into force in the Republic of Moldova 
and the country acceded to the Marrakesh Treaty.  
• Were changes made to this or any other law in the Repub lic of Moldova to 
implement the Beijing and/or Marrakesh Treaties?  
Moldova's  answer:  The Beijing and Marrakesh Treaties provision are not yet implemented in the 
national legislation. There is a draft law on copyright prepared that will ensure the implement ation of 
the Treaties' provisions into the national legislation. The draft of the new law on copyright (intended 
to replace the current law 139/2010) was publicly consulted, approved by Government Decision no.  
405/2022 and Passed the first reading in the Parliament on 01.07.2022.  
The draft is available in Romanian language on the Parliament web page, at: 
https://www.p arlament.md/ProcesulLegislativ/Proiectedeactelegislative/tabid/61/LegislativId/6079
/language/ro -RO/Default.aspx  
• Have there been changes to Law No.  139/2010 on Copyright and Neighbouring 
Rights since 2016?  
Moldova's  answer: : No amendments to the Law 139/20 10 were operated since 2016.  
• If so, could you please provide translations of the amendments?  
Moldova's  answer:  An English translation of the text is under preparation and will be submitted as 
soon as available.  
 
17. This table entry in the Secretariat's Report indicates that videograms receive 
protection as related rights under the Republic of Moldova's IP regime.  
• Please explain what types of videograms receive protection as related rights.  
• Also, how do videograms differ from "cinematographic works to which are 
assimilated works expressed by a process analogous to cinematography," which 
are considered literary and artistic works under the Berne Convention?  
Moldova's  answer:  For the purposes of this Law 139/2010 (art .3) "videogram", means the first 
fixation of a film; that is, any sequence of images with or without sounds, irrespective of whether or 
not it qualifies as an audiovisual work.   
An "audiovisual work" means a work consisting of a series of fixed related im ages, with or without 
accompanying sounds giving an impression of movement when it is made visible – if accompanied by 
sounds, along with the sounds – by an appropriate device; The Copyright I n audiovisual works is 
provided in art.18 of Law 139/2010.  WT/TPR/M/428/Add.1  
 
- 55 - 
 
  While according Art. 35 of Law 139/2010, a producer of videograms shall be intitled to related  right 
to authorise or prohibit the following acts in respect of his videogram:  
a) reproduction of the videogram;  
b) distribution of the original or the copies of the videogram;  
c) rental of copies of the videogram;  
d) importation for the purposes of distribution of copies of the videogram, including the copies made 
with the consent of the producer of videograms;  
e) interactive making available to the pub lic of the videogram.  
The producer of videograms may transfer, assign, or grant license for, the exclusive rights provided 
for in paragraph (1) of this Article to other persons by contract, according to the conditions set out in 
Articles 30 and 31.  
The ri ght of distribution shall be exhausted with the first sale or other first transfer of property of the 
videogram in the territory of the Republic of Moldova.  
 
18. The Secretariat's Report states that "In 2020, the authorities developed draft 
amendments to Law No.  139/2010 on Copyright and Related Rights" and that "The draft 
was under public consultations, at the time of writing."   
• What is the current status of these draft amendments?  
• What are the next steps in terms of enacting the amendments?  
• When do you expect these amendments to become law?  
Moldova's  answer:  In February 2021, an assessment of both of the draft law and of the  Law 
139/2010 on Copyright was conducted with the support of the EU funded project "Support for 
structured policy dialogue, coo rdination of the implementation of the Association Agreement and 
enhancement of the legal approximation process for the Republic of Moldova"  and an assessment 
report was submitted to the State Agency on Intellectual Property (AGEPI) for consideration and made 
publicly available on the AGEPI web site:  
http://agepi.gov.md/sites/default/files/2021/03/IP_Gap_Assessment_ENG.pdf  
The Report contains recommendations, both regarding the proposals for modification and completion 
of the legislative project, and for the provisions of Law No.  139/2010 as a whole. Considering the 
multiplicity of amendments required for the harmonization Law 139/2010 with EU directives in the 
field but also the need to transpose the Marrakesh and Beijing provisions, AGEPI decided to draf t a 
new law on Copyright.  
The draft of the new law on copyright (intended to replace the current law 139/2010) was publicly 
consulted, approved by Government Decision no.  405/2022 and passed the first reading in the 
Parliament on 01.07.2022. It is expect ed to be enacted by the end of the year.  
The draft is available in Romanian language on the Parliament web page, at: 
https://www.parlament.md/ProcesulLegislativ/Proiectedeactelegislative/tabid/61/LegislativId/6079
/language/ro -RO/Default.aspx  
 
19. The Secretariat's Report states that "AGEPI is no longer a self -governed and self -
financed 'public institution' but a 'cent ral administrative authority' subordinated to the 
Government, responsible for promoting and implementing industrial property rights, as 
well as copyright and related rights."  
• Please elaborate on how the government provides oversight of AGEPI.   
• Is AGEPI a n independent agency or part of a government ministry or department?  
• If the latter is the case, please specify the ministry or department that has 
oversight authority.  
Moldova's  answer:  The State Agency on Intellectual Property (AGEPI) is a central admini strative 
authority subordinated directly to the Government, responsible for promoting and implementing 
activities in the field of legal protection of intellectual property related to industrial property rights, 
copyright and related rights. AGEPI activates  according to the Law 114/2014 and the Governmental 
Decision of the Republic of Moldova No. 1247 of 19.12.2018 on the Organization and Functioning of 
the State Agency on Intellectual Property. The Government supervision of the AGEPI is done in 
accordance w ith the Law No.  136/2017 that regulates the Government competences and its relation 
with central administrative authorities.  
 WT/TPR/M/428/Add.1  
 
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  20. The Secretariat's Report indicates that an arbitration mechanism created in 2017 to 
resolve IP infringement disputes has never been used "from its establishment and up until 
the preparation of this Trade Policy Review report."  
• Please elaborate on why thi s mechanism has gone unused.  
• Please also explain when, and the conditions under which, the mechanism might 
be used.  
Moldova's  answer:  Neither the mediation nor the arbitration intellectual property mechanism were 
properly used since the establishment, the intellectual property disputes being mostly dealt by courts. 
In Moldova courts procedures are affordable (not expensive and not too ti me consuming) and they 
are traditionally more popular comparing with the new arbitration mechanism.  
There is no particular reluctance or complains towards the arbitration procedures. However, according 
to the existing information, given that the arbitrati on institute generally is being quite new in Moldova 
it may seem yet less credible. Another issue may be the lack of best practices, or sounds cases solved 
in arbitration.  
Nevertheless, there are some incentives that it could get more popular, as accordin g to the data from 
Moldovan Chamber of Commerce and Industry, the arbitration cases dealt by the Economic Arbitration 
of the Chamber of Commerce and Industry is increasing slightly. There is a hope that if the commercial 
arbitration will be used more frequ ently, the interest for IP arbitration could also raise. In addition, 
there is a need for raising awareness and general public knowledge about for the arbitration and 
training of the arbiters.  
 
21. This table in the Secretariat's Report shows that "Damage s caused to right holders" 
associated with "IP -related cases dealt with by General Prosecutor's Office" have steadily 
increased since 2017, with a jump from MDL 3.93M in 2020 to MDL 14.82M in 2021.   
• What is the reason for this large increase in damages in  a single year?   
• At the same time, the table also shows that the numbers of "IP -related cases dealt 
with by General Prosecutor's Office"  have either decreased or stayed relatively 
steady from 2015 through 2021. Please explain this trend and how it can coe xist 
with the increase in damages mentioned above.   
• Please also provide the number of "IP -related cases dealt with by the General 
Prosecutor's Office" that resulted in convictions, as well as information on the 
sentences or fines resulting from each of th ose cases.  
 
Moldova's  answer: : Moldova will revert with additional information on these questions upon the 
availability of data .   
 
22. What is the status of the new Digital Moldova Strategy? When does the Government 
of the Republic of Moldova plan to issue the new strategy?  
 
Moldova's  answer:  With the support of UNDP Moldova and under the coordination of the Deputy 
Prim- 
Minister for Digitalization, the Digital Transformation Strategy of the Republic of Moldova for the years 
2023-2030 is in the elabora tion process.  
The strategy aims to become a reference document in the digital development of the country, not 
only for public institutions and private sector, but also for all socio -economic sectors and citizens.  
 
23. The Government's Report states that t he "Moldovan IP system continued to be 
developed … in line with the goals provided in the National Intellectual Property Strategy 
(NIPS) up to 2020 and the NIPS implementation Action Plans for the years 2015 -2017 
and the 2018 -2020 respectively." Please pro vide copies of the NIPS and NIPS 
implementation Action Plans for the years 2015 -2017 and 2018 -2020.   
 
Moldova's  answer:  The NIPS Action Plan for the years 2012 -2014 was approved by Government 
Decision no. 880 of 22.11.2012 (the Decision that approved also the National Strategy on Intellectual 
Property until 2020), available in Romanian language at: 
https://www.legis.md/cautare/getResults?doc_id=19899&lang=ro , WT/TPR/M/428/Add.1  
 
- 57 - 
 
  English translation available at: 
https://agepi.gov. md/sites/default/files/law/national/h_880_2012 -en_0.pdf . 
 
The NIPS Action Plan for the years 2015 -2017 was approved by Government Decision no.491 of 
11.08.2015, available in Romanian language at: 
https://www.legis.md/cautare/getResults?doc_id=84019&lang=ro  
English translation available at: 
https://agepi.gov.md/sites/default/files/law/national/hg_491_2015.pdf  
 
NIPS Action Plan for the years 2018 -2020 was approved by Government Decision no. 375 of 
25.04.2018, available in Romanian language at: 
https://www.legis.md/cautare/getResults?doc _id=103023&lang=ro  
 
24. The Government's Report mentions approval in 2017 of "the Regulation on the 
Organization and Functioning of the Arbitration Specialized in Intellectual Property and 
the Arbitral Procedure, which aims to establish the mechanism for s ettling disputes 
concerning the violation of intellectual property rights through a specialized arbitration 
in the field of intellectual property."  Please provide additional information on this 
arbitration mechanism. For example:  
• Is participation in th e arbitration mechanism voluntary for the parties?   
• Can the parties still opt for standard judicial proceedings instead of arbitration?   
• Is the arbitration outcome final or can it be appealed?  
• What qualifications are required for arbitrators?  
 
Moldova's  answer:  Kindly find the answers as provided in previous replies Question no 20.  
The mechanism for settlement of IPR disputes through meditation and arbitrations procedures is 
provided in the respective regulation, namely: the Regulations on the organization and functioning 
of the Mediation Commission in the field of intellectual prope rty and the mediation procedures 
(approved by Government Decision No. 184/2015) and the Regulations on the organization and 
functioning of the arbitration specialized in intellectual property and the arbitral procedure (approved 
by Government Decision No. 987/2017 ). Neither the mediation nor the arbitration intellectual 
property mechanism was properly used since the establishment, the intellectual property disputes 
being mostly dealt with by courts.   
 
The arbitral award is final and binding on the parties  from the date of its adoption and has the effect 
of a final court decision. Any party to the arbitration may challenge the arbitral award by submitting 
to the competent court a request for revocation within 3 months from the date of receipt of the 
arbitra l award.  
The specialized arbitration has competences on dispute resolution that arise between individuals 
and / or legal entities in the field of intellectual property.  
Specialized arbitration examines disputes concerning the following issues:  
1) the quali ty of the author;  
2) the relations between the co -authors;  
3) priority issues;  
4) the relations between the author (of an intellectual property object created in the service  duties) 
and the employer, in particular on issues regarding the remuneration metho d, the right to submit 
the application and the amount of remuneration;  
5) issuance of the title of protection;  
6) exclusive rights;  
7) the collective management of copyright and related rights regarding the amount of remuneration 
and other conditions for g ranting licenses;  
8) relationship in the case of a transfer of IP rights;  
9) other aspects in the field of intellectual property.  
 
Even the arbitral procedure is well regulated, since its establishment in 2017, there were no requests 
for it.  
The intellect ual property disputes are being mostly dealt by courts, if not settled mutually before.   
To be mentioned that, at present, there is one request in the Mediation Commission applied for, but 
the case is at its initial stage.  
 
  WT/TPR/M/428/Add.1  
 
- 58 - 
 
  UNITED  KINGDOM  
SECRETARIAT REPORT (S428)  
2 TRADE AND INVESTMENT REGIMES  
2.4 Investment regime  
Regulatory framework  
Paragraph 2.37.  
United Kingdom Question 1 : Could Moldova please elaborate on whether it intends to enforce Law 
231/2010 and explain how this law is line wit h WTO principles?  
 
United Kingdom Question 2 : Additionally, could Moldova please elaborate on  whether it plans any 
amendments to Law 231/2010?  
 
Moldova's  answer:  The amendments to the internal trade law have been drafted in order to bring 
its provisions in  line with the DCFTA and WTO. Although the law was in force, it was not applicable. 
The new draft law is coming to consolidate and develop the policies in the field of internal trade, 
through finding a balance in order to protect the interests of domestic producer, in the framework 
of a fair competition for all market participants, respecting international trading rules.  
Therefore, the draft law was discussed with all the interested parties (representatives of public 
authorities, the business environment, specialized associations), whose opinions were taken into 
account when drafting the project. The draft law has been approved in the first reading within the 
Parliament on 14th of July 2022.  
The aim of the project is to achieve the following ob jectives:  
- aligning the national legislation with EU regulations;  
- providing SMEs (especially manufacturing ones) with the resources needed to reinvest in the 
business in order to increase the attractiveness, competitiveness and added value of the produc t; 
- ensuring the predictability of the business, as well as planning and increasing stability by 
reducing the number of risk factors;  
- finding a balance in order to protect the interests of domestic producer, in the framework of a 
fair competition for al l market participants.  
 
GOVERNMENT REPORT (G428)  
2 OVERVIEW OF RECENT ECONOMIC DEVELOPMENTS AND REFORMS  
2.1 Macroeconomic Overview  
Paragraph 2.6.  
United Kingdom Question 3 : Could Moldova please elaborate on what progress it has made, or plans 
which it intends to make, to diversify its energy sector?  
 
Moldova's  answer:  In recent years, considerable progress has been made in diversifying energy 
supply routes, which technically enables purchasing of natural gas and electricity from sources other 
than the t raditional routes, thus the country's energy security being strengthened. There are now at 
least 3 natural gas interconnections with the EU and Ukraine. In October 2021, the Onești - Iași - 
Ungheni - Chisinau gas pipeline became operational, making it poss ible to bring considerable 
amounts of gas through it. In addition, from a technical point of view, it is possible to use the Trans -
Balkan pipelines in reverse flow, namely from the Balkan Peninsula and the Southern Corridor to 
Moldova.  
In addition, thanks to the urgent synchronization of the power systems of the Republic of Moldova 
and Ukraine with the European Continental Energy System of ENTSO -E, from March 2022, also the 
supply of electricity from the EU can be ensured.  
Are performed ongoing actions to increase the security of energy supply and resilience, a strategic 
natural gas reserve is envisaged to be done in neighbourhood countries.  WT/TPR/M/428/Add.1  
 
- 59 - 
 
   
GOVERNMENT REPORT (G428)  
2 OVERVIEW OF RECENT ECONOMIC DEVELOPMENTS AND REFORMS  
2.2 External Environment and Competitiveness  
Economic complexity in 2020  
Paragraph  2.51.  
United Kingdom Question 4 : Could Moldova please explain whether the national development 
strategy and sectorial strategic documents have been adopted? If not, what are the current plans in 
this respect?  
 
United Kingdom Question 5 : Could Moldova please share the respective documents, or links to them?  
 
United Kingdom Question 6 : The United Kingdom notes that Moldova 's national development 
strategy and other draft sectoral strategic documents are  based on two horizontal priorities – Green 
and Digital. Could Moldova please outline any steps it has taken to adopt renewable energy 
technologies?  
 
Moldova's  answer:  By the decision of the European Council of June 23, 2022, the Republic of 
Moldova obtained the status of a candidate country for EU membership. In this regard, the National 
Development Strategy 2030 is currently in the process of reconceptualization and updating. 
Government approval of the document is planned in the third quarter of 202 2. We will be able to 
provide concrete information on the provisions of the Strategy, once it is  finalized.  
 
GOVERNMENT REPORT (G428)  
2 OVERVIEW OF RECENT ECONOMIC DEVELOPMENTS AND REFORMS  
2.3 Economic Developments and Reforms  
2.3.5.  IP rights  
Paragraph 2 .156.  
United Kingdom Question 7 : Could Moldova please explain how its new IP enforcement mechanism 
works and how it provides businesses with a credible and transparent means of resolving IP 
disputes?  
 
Moldova's  answer:  The mechanism for settlement of IPR disputes through meditation and 
arbitrations procedures is provided in the respective regulation, namely: the Regulations on the 
organization and functioning of the Mediation Commission in the field of intellectual prope rty and 
the mediation procedures (approved by Government Decision No. 184/2015) and the Regulations 
on the organization and functioning of the arbitration specialized in intellectual property and the 
arbitral procedure (approved by Government Decision No. 987/2017 ). Neither the mediation nor 
the arbitration intellectual property mechanism was properly used since the establishment, the 
intellectual property disputes being mostly dealt with by courts.   
 
The arbitral award is final and binding on the parties  from the date of its adoption and has the effect 
of a final court decision. Any party to the arbitration may challenge the arbitral award by submitting 
to the competent court a request for revocation within 3 months from the date of receipt of the 
arbitra l award.  
The specialized arbitration has competences on dispute resolution that arise between individuals and 
/ or legal entities in the field of intellectual property.  
Specialized arbitration examines disputes concerning the following issues:  
1) the quali ty of the author;  
2) the relations between the co -authors;  
3) priority issues;  
4) the relations between the author (of an intellectual property object created in the service duties) 
and the employer, in particular on issues regarding the remuneration metho d, the right to submit 
the application and the amount of remuneration;  
5) issuance of the title of protection;  
6) exclusive rights;  
7) the collective management of copyright and related rights regarding the amount of remuneration 
and other conditions for g ranting licenses;  
8) relationship in the case of a transfer of IP rights;  
9) other aspects in the field of intellectual property.  
 WT/TPR/M/428/Add.1  
 
- 60 - 
 
  Even the arbitral procedure is well regulated, since its establishment in 2017, there were no requests 
for it.  
The intellect ual property disputes are being mostly dealt by courts, if not settled mutually before.  
To be mentioned that, at present, there is one request in the Mediation Commission applied for, but 
the case is at its initial stage.  
 
 
GOVERNMENT REPORT (G428)  
2 OVERVIEW OF RECENT ECONOMIC DEVELOPMENTS AND REFORMS  
2.3 Economic Developments and Reforms  
2.3.6  Agriculture  
Paragraph 2.172.  
United Kingdom Question 8 : Could Moldova please clarify how their domestic support to agriculture 
has changed since their most recent DS:1 notification, and which support schemes have seen 
increases in support? Additionally, could Moldova please indicate when it expects to provide an 
updated DS:1 notification to the Committee?  
 
Moldova's  answer:  Generally,  the domestic  support  to agriculture  has not changed  much  from the 
most recent  DS:1 notification,  the support  being  offered  under  the Green  Box.  
All Moldova 's support  to agriculture  falls under  the "Green  Box" of the WTO Agreement  on Agriculture  
classification  for measures  exempt  from the reduction  commitment,  as it is intended  to finance  
agricultural  research  and innovation  activities,  biosecurity  controls  to prevent  the entry of pests  and 
diseases,  environmental  programs,  relief payments,  infrastructure  services,  etc. Moldova  expects  to 
submit  the pending  DS:1 notification  in a priority  manner,  following  the relevant  technical  assistance  
provided  by ITTC.   
Additionally,  shall be noted  that the National  Strategy  for Agricultural  and Rural Development  
(SNDAR)  presents  the long vision  and priority  directions  for the sector  and once adopted,  the public  
authorities  develop  sectoral  strategies,  taking  into account  the specific  objectives  and priority  
actions.  
The sectoral  strategy  contains  a plenary  analysis  of the sector,  which  includes  priority  policies.  
Therefore,  programs  are developed  for the implementation  of a sectoral  strategy  for all policy  areas  
that are part of the agricultural  sector  (as appropriate).  In order  to ensure  the synchronisation  of 
public  policy  documents  with the budgetary  process,  the programs  are developed  for the same  field, 
which  is reflected  in the programs  / sub-programs  underlying  the Medium Term Budget  Framework  
(MTBF).  
The MFBF  is a document  that sets out the objectives  of budgetary  and fiscal policy  and determines  
the resources  and expenditures  of the national  public  budget  and its components,  for a period  of 
three  years.  
In the period  of 2020-2022,  6,439,602.2  thousand  Lei (EUR 328 million)  were allocated  for the 
Agriculture  and Rural  Development  sector  from the state budget,  distributed  on the priority  
programs  of the agricultural  field, as well as from other  external  sources.  
Agricul ture and Rural  Development  
Program/Sub -programs  MTBF  2020 -2022  Allocations  
2020  2021  2022  
Policies  and management  in the field 
of agriculture  28.053,5  25.081,6  19.140,9  
Sustainable  development  of the 
phytotechnics  and horticulture  
sectors  317.203,8  260.560,9  481.916,4  
Animal  breeding  and health  35.858,1  31.499,6  50.412,7  
Development  of viticulture  and 
vinification  21.240,3  18.181,8  42.631,8  
Subsidizing  agricultural  producers  1.258.254,2  1.436.344,6  1.750.000,0  
Food safety  183.150,7  163.630,0  205.766,8  WT/TPR/M/428/Add.1  
 
- 61 - 
 
  Agricul ture and Rural  Development  
Program/Sub -programs  MTBF  2020 -2022  Allocations  
2020  2021  2022  
Irrigation  and drainage  systems  23.607,3  25.771,9  35.956,0  
Policies  and management  in the field 
of forestry  3.263,1  00,0 10.000,0  
Forestry  development  11.000,0  00,0 00,0 
Valorization  of new lands  and 
increase  of soil fertility  1.076,2  00,0 00,0 
TOTAL  per Sector  1,882,707.2  
(96 m EURO)  1,961,070.4  
(100 m EURO)  2,595,824.60  
(132 m EURO)  
 
  
 WT/TPR/M/428/Add.1  
 
- 62 - 
 
  TÜRKIYE  
THE GOVERNMENT REPORT  
1. Introduction  
1.12. Moldova has recently developed a new National Development Strategy , "Moldova 2030", 
which is aligned with both its EU AA DCFTA and the United Nations' 2030 Agenda for Sustainable 
Development. This document will contribute to the strategic allocation of budgetary resources, 
according to the objectives set for its four basic  pillars: (1) Sustainable and inclusive economy, (2) 
Strong human and social capital, (3) Fair and efficient institutions, and (4) Healthy environment. 
Although the Strategy does not have specific targets for SME development, many of the priority 
actions h ighlighted in the document aim to support entrepreneurship. p.4.  
 
Question 1 : Does the new "National Development Strategy" of Moldova include any target/action 
in order to increase export of services? If yes, could you provide with information regarding th ese 
targets/actions? Are there any targeted services sub -sectors that have been prioritized? Does the 
document include any action to  improve  the international competitiveness 
of Moldavian  services  exporters? If yes, could you share these actions?   
Moldova' s answer:  We appreciate T ürkiye s interest in the new strategy document. The National 
Development Strategy 2030 is currently in the process of reconceptualization and update to the new 
current realities. Among the priority services sectors is the ICT and IT  services. Given the curent 
state of drafting of the NDS, Moldova will be able to provide additional information at a later stage.  
 
THE SECRETARIAT REPORT  
Summary, pg. 6, 7.  
In 2018, Parliament approved a new development strategy, Moldova 2030 (replacing an earlier one), 
which focuses on sustainable and inclusive development, strengthening human and social capital, 
institutional reform, and ensuring certain fundamental rights for citizens. Trade and trade -related 
policies in the Republic of Mold ova aim to exploit its geographic position and ultimately achieve 
closer economic integration with its neighbours to the west (the European Union), while maintaining 
preferential trade relations with its eastern partners (mainly via the Commonwealth of Ind ependent 
States FTA). Industrial platforms, Free Economic Zones (FEZs), and the Strategy for Investment 
Attraction and Export Promotion for 2016 -2020 aim to attract investment and  increase and 
structurally diversify exports.  
 
Question 2:  Could you provide  with detailed information regarding the actions included in the export 
promotion strategy document in order to increase and structurally diversify exports of services of 
Moldova?    
Moldova's  answer:  By the decision of the European Council of June 23, 2022 , the Republic of 
Moldova obtained the status of a candidate country for EU membership. In this regard, the National 
Development Strategy 2030 is currently in the process of reconceptualization and updating. 
Government approval of the document is planned i n the third quarter of 2022. We will be able to 
provide concrete information on the provisions of the Strategy, once it is finalized.  
 
4.2 Mining and Energy, 4.2.2 Regulatory framework and changes, pg. 85, 4.36.  
 
It is stated in the Secretariat Report that " The Moldovan Energy Strategy 2012 -2030 provides 
guidance on the development of the energy sector to support sufficient economic growth and social 
welfare, and to conform to the energy -related elements of the EU acquis. The specific objectives 
included security of supply, development of competitive markets and their regional and European 
integration, and environmental sustainability and combating climate change. "  
 
 
Question 3:  Is Moldova planning a carbon pricing regulation within the scope of combating climate 
change? In addition, could Moldova kindly provide with information about Moldova's notion and 
policy regarding the CBAM (Carbon Border Adjustment Mechanism) developed by the EU?  
 
Moldova's  answer:  The Ministry of Environment has planned t o transpose the Directive 
2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme WT/TPR/M/428/Add.1  
 
- 63 - 
 
  for greenhouse gas emission allowance trading within the Community and amending Council 
Directive 96/61/EC. It will be transposed th e articles regarding the MRV, by the end of 2022.  
Additionally, within the EU4climate project we are planning to launch the drafting of the Study on 
the impact of CBAM on the industry of the Republic of Moldova. The Study will be delivered by the 
end of 20 22. 
Republic of Moldova has not yet planned the introduction of the carbon pricing regulation; the same 
is relevant for the CBAM.  
 
  WT/TPR/M/428/Add.1  
 
- 64 - 
 
  INDIA  
Government Report: WT/TPR/G/428  
 
Page No. 24 Paragraph No. 2.164  
"The National Strategy for Agricultural and Rural Development 2022 -2027 (NSARD 2027) which is 
in the final phase of parliamentary endorsement represents the third consecutive planning document 
in the domain of agri -food and the second one with regard to rural development. NARDS -2027 
corresponds to t he provisions of the National Development Strategy "Moldova 2030" and the 
Common Agricultural Policy of the European Union."  
 
Question 1: What are the objectives of NSARD 2027 and what strategies are proposed in the 
document?  
Moldova's  answer:  The new Stra tegy starts from the general goal of contributing decisively to the 
implementation of pillars 1 and 4 of the National Development Strategy "Moldova 2030", respecting 
the commitments on the implementation of the Sustainable Development Agenda 2030.  
The strategic vision of this document is to develop a competitive agro -food sector, focused on value 
chains with high potential, environmentally friendly and climate resilient, which strengthens food 
security and safety and provides better welfare and living c onditions in rural areas.  
Based on the development needs related to inputs, agricultural processes, markets and community 
involvement in rural development, the Strategy defines three general strategic objectives, which 
aim to strengthen the potential of th e resilient agricultural sector to climate change, promote smart, 
efficient and sustainable agricultural practices, the development of the local market and the increase 
of the export potential, as well as the support of a sustainable rural socio -economic d evelopment.  
NARDS 2027 ensures the continuity of the activities provided by the previous Strategy (NARDS 
2014-2020 extended to 2021).  
Question 2:  What is the expected time of its implementation?  
MD answer: The period of its implementation, as it specifies the drafted document should be from 
the adoption until 2027. However, the period could be extended if necessary.  
Question 3: Which elements of the EU 's CAP are mirrored in the NARDS -2027?  
Moldova's  answer:  The National Strategy for Agricultural and Rural Development 2022 -2027 
(NSARD 2027) represents the third consecutive planning document in the domain of agrifood and 
the second one with regard to rural development. NARDS -2027 corresponds to the provisions of the 
National Development Strategy "Moldov a 2030" and the Common Agricultural Policy of the European 
Union.  
NARDS 2027 ensures the implementation of the provisions of Title IV, Chapter 12 - Agriculture and 
Rural Development, of the Moldova -EU Association Agreement, by aligning with the three gener al 
objectives of the Common Agricultural Policy.  
The Report states that in 2017, Moldova adopted the "IT Visa" Initiative.  
Page: -18; Paragraph: - 2.115  
Question 4:  Moldova is requested to provide more information regarding the "IT Visa" Initiative, 
in particular, if there is a cap on such visas?  
Moldova's  answer:  The IT visa initiative was adopted by the Law No. 121 of 23.07.2017 - which 
created a facilitated and simplified legal framework in the field of migration for certain categories of 
people working in the IT field - leaders, investors and highly qualified specialists, in order to access 
and stay on the territory of the Republic of Moldova. T hese provisions are in line with GATS schedule 
of specific commitments of the Republic of Moldova.  
  WT/TPR/M/428/Add.1  
 
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  The removal of the barriers for foreign investors and qualified workforce in the field of IT (foreign 
citizens) helps to contribute foreign investments, c reates a supportive environment to the 
development of the IT industry, develops new skills and knowledge, innovation and increased 
economic opportunities.  
  
Following the results of the amendments to the main Law No.  200 of 16.07.2010 on the temporary 
entry and stay regime of foreigners in the Republic of Moldova, and according to the provisions of 
art. III of the Law No. 121 of 23.07.2017 on the completion of some legislative acts, was created the 
Commission for the examination and evaluation of the request s of the residents of the information 
technology park, with a view to provide the opinion on the right to temporary residence in the 
Republic of Moldova and for providing / extension  of the right to temporary residence on the territory 
of the Republic of Moldova (MEI Order No 75 of 28.03.2019 is attached).   
  
The Commission is a collegial body, empowered to examine and evaluate the requests of the 
residents of the information technolo gy park in order to issue the necessary opinion for providing 
the right to temporary residence in the Republic of Moldova; for providing / extending the right to 
temporary residence on the territory of the Republic of Moldova to the several categories of p ersons, 
as defined in Law No.  200 of 16 July 2010 on the regime of foreigners in the Republic of Moldova, 
with operated modifications and additions by Law No. 121 of 23.07.2017 on the completion of some 
legislative acts.  
   
The Commission's opinions are rec ommended for the authorized body with the right to provide 
residence permits on the territory of the Republic of Moldova (Bureau for Migration and Asylum).  
 
According to the national assessment, the number of IT professionals is below the real need of the 
labour market, even comparing to the countries in the region. This is a factor of major constraints 
for the industry 's further growth and competitiveness. Moldova has only about 16 thousand of IT 
engineers from about 2.6 million of total population, which is about 0.61%, while the regional 
average is about 1% of the population.  
 
In this regard, the local offer of IT specialists is supplemented by the IT Visa mechanism launched 
in 2019 which offers the possibility for local IT companies to attract foreign IT  specialists and 
managers who receive a residence permit with the right to work for a period of 2 years and 4 years 
respectively, with the possibility of extension. However, so far only about 100 foreigners have 
benefited from this mechanism, but the dynam ics is growing and in the first quarter of 2022 Moldova 
already had 22 new IT Visa beneficiaries.  
 
Since 2015, a European patents validation system is implemented in Moldova, making it possible for 
European patents right holders to validate their patents i n the Republic directly through the European 
Patent Office  
Page: - 22; Paragraph: - 2.152     
Question 5 and 6:  Which TRIPS Article has been used by Moldova to implement the 
European patents validation system?  What are the modalities for its operation?  
Moldova's  answer:  Validation of European Patents in the Republic of Moldova  
The validation regime is functioning in the Republic of Moldova on the basis of an Agreement signed 
in 2013 between the European Patent Organization and the Government of the Repub lic of Moldova 
(so called Validation Agreement) allowing European patents to take legal effect in the Republic of 
Moldova. The Agreement entered into force for the Republic of Moldova on 1 November 2015 after 
the implementation into the national legislatio n (Law No.  50/2008 on protection of inventions) of 
the European Patent Convention principles and transposition of the provision of the Validation 
Agreement.   
Key elements of the validation system:  
Validation for the Republic of Moldova is deemed requested for any European or international 
application filed with the European Patent Office (EPO) on or after 1 November 2015.  
There is a validation fee to be paid while requesting the validation of European patents in the 
Republic of Moldova is EUR 200.  It must be paid to the EPO within six months of the date on which 
the European Patent Bulletin mentions the publication of the European search report, or, where WT/TPR/M/428/Add.1  
 
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  applicable, within the period for performing the acts required for an international applicatio n's entry 
into the European phase, the so called "basic period".  
If the validation fee is not paid within the basic period, the applicant can still pay it, together with a 
50% surcharge:  
• within two months of expiry of the basic period or  
• along with the  further processing concerning the designation fee: within two months of 
notification of a communication of loss of rights following non - payment of the designation fee.  
After payment of the validation fee and within three months of the date on which the mention of the 
grant of the European patent has been published, the proprietor of the patent shall provide the State 
Agency on Intellectual Property (AGEPI) with a translation of the specification into Romanian 
language and pay the prescribed fee for p ublication.  
Applicable law  
Validated European patent applications and patents are governed by the Republic of Moldova Law 
No. 50-XVI of 7 March 2008 on the Protection of Inventions as amended by Law 160 of 30.07.2015. 
The European Patent Convention is not directly applicable as the Republic of Moldova is not member 
to the European Patent Organization.  
The validation of European patents is possible on the basis European Patent Convention (EPC) that 
is TRIPS compatible. Under Article 2(2) of the European Pate nt Convention EPC, a European patent 
shall, in each of the contracting states for which it is granted, have the effect of and be subject to 
the same conditions as a national patent granted by that state. This is the case for the European 
patents validated in Moldova. Thus, under the Law 50/2008 on protection of inventions, a European 
patent validated in Moldova has the effect of a national patent granted by the relevant state and is 
subject to the same conditions, that is also in compliance with TRIPS requi rements.  
 
Secretariat Report: WT/TPR/S/428  
Page No. 79 Paragraph No. 4.13  
 
"FNDAMR regulations spell out that investments are mostly subsidized at a basic rate of 50% (some 
are reimbursed at lower percentages and certain irrigation costs at a higher rate).  According to 
Article 22, certain agricultural producers can benefit from slightly larger subsidies. Using an approved 
methodology, MAFI sets reference prices for certain machinery and equipment eligible to receive 
investment subsidies, while area -based su bsidies can be applied for investments in perennial 
plantations or the conversion to organic farming. Eligibility criteria for accessing the FNDAMR vary 
by the type of support and include general requirements such as not being insolvent or in arrears, 
owning (or leasing long -term) the area where investments are made, or being a producer association 
member. Agricultural producers not registered in a specific database of the Integrated Agricultural 
Information System19 were no longer supposed to be able to ac cess subsidies as of 2020, a deadline 
that was subsequently extended to 2024 as the system has not been fully set up due to a lack of 
funding, according to the authorities."  
  
Question 7: Kindly explain the methodology for setting reference prices for mach inery and 
equipment eligible to receive investment subsidies.  
Moldova's  answer:  Methodology on the establishment of reference prices for the calculation of the 
subsidy for agricultural machinery, equipment and equipment was approved on 6 April 2017, 
pursuant to the Law of 16 December 2016, on the principles of subsidization of agricultural 
producers, with the purpose to apply the reasonableness of prices when calculating the subsidy for 
agricultural machinery and equipment.  
The methodology aims at dev eloping the Register of reference prices for agricultural machinery, 
machinery and equipment and the principles of their registration. The register of reference prices is 
used to ensure the observance of the principle of reasonableness of costs when evalua ting the files 
submitted for subsidy from the National Fund for the Development of Agriculture and Rural 
Environment, in order to avoid granting subsidies on products with exaggerated or increased prices.  WT/TPR/M/428/Add.1  
 
- 67 - 
 
  The register includes reference prices for machines , machinery and agricultural equipment, specific 
to subsidy sub -measures 1.3 and 2.4.  
The objects will be differentiated according to the main characteristics (eg: power, working width, 
productivity, etc.). For the machinery categories, the lists with the minimum technical information 
required for registration in the Register of reference prices that are published on the AIPA website. 
This is a continuous process, the lists are modified as the Register is updated with new categories 
of elements. The prices in the database are expressed in MDL.  
 
The register of reference prices is applied starting with the 2017 year, according to Order of the 
Ministry of Agriculture and Food Industry no. 59 of April 6, 2017, for 6 objects, namely:  
 
1. Agricultural tractors; 2 . Combines for harvesting cereal crops; for harvesting corn; for harvesting 
peas; for harvesting potatoes, vegetables and fruit crops; for fruit harvesting; 3. Grain drills; 4. 
Precision seeders for technical crops; 5. Sprinklers for plant protection with ramp; 6. Sprinklers for 
the protection of perennial plants.  
 
The drafting and update of the Register of reference prices is ensured by the Agency for Interventions 
and Payments for Agriculture with the approval by the Ministry of Agriculture and Food Indus try. 
The process of monitoring the use, updating and completing with new objects in the Register of 
reference prices is ensured by experts from AIPA following relevant analysis.  
 
Question 8: Also explain the eligibility criteria and general requirement for  accessing the National 
Fund for Agriculture and Rural Development FNDAMR.  
Moldova's  answer:  Government Decision no. 455/2017 5 on the distribution of the funds of the 
National Fund for the Development of Agriculture and Rural Environment contains the eligibility 
criteria and general requirements for accessing the NFARD.  
In the context of facilitating the access of domestic produ cers to inputs, the state, through the 
subsidy mechanism, stimulates the lending of agricultural producers by commercial banks and non -
bank lending organizations to access loans for current assets.  
Field of action: Support is granted to agricultural produc ers who have obtained loans for the purchase 
of working capital in previous years and in the current year of subsidy from commercial banks and 
non-bank lending organizations registered in the territory of the Republic of Moldova and serve them 
under credit  / loan agreements, for the purchase of the following current assets:  
- Seeds, planting material;  
- Fuel and lubricants;  
- Fertilizers (mineral and organic), including plant and animal protection products;  
- Fodder.  
 
Additionally,  shall be noted the following lega l framework:  
Law No.  50/2021 6 on Local Action Groups Regulation on the conditions, order and procedure for 
granting the means to the National Fund for the Development of Agriculture and Rural Environment, 
approved by Government Decision no. 455/2017 7 (Measure 4. Improving and develop ing rural 
infrastructure).  
 
5 https://www.legis.md/cautare/getResults?doc_id=130889&lang=ro . 
6 Law No.  50/2021 on Local Action Groups, available in Romanian at: 
https://www.legis.md/cautare/getResults?doc_id=126245&lang=ro . 
7 Government Decision no. 455/2017# on the distribution of sources from the National Agriculture and 
Rural Development Fund, available in Romanian at:  
https://www.legis.md/cautare/getResults?doc_id=130889&lang=ro# . WT/TPR/M/428/Add.1  
 
- 68 - 
 
  Government Decision no. 507/2018 8 for the approval of the Regulation on the conditions and 
procedure for granting advance payments for start -up projects from the National Fund for the 
Development of Agriculture and Rural Develop ment 
Government Decision no. 476/2019 9 for the approval of the Regulation on granting subsidies for the 
improvement of living and working conditions in rural areas from the National Fund for the 
Development of Agriculture and Rural Areas.  
Additionally, in  order to monitor the subsidy process, the report on the effective management of 
FNDAMR, the report on the management of the FNDAMR, is prepared and published annually on the 
official website of the Agency for Interventions and Payments in Agriculture, out lining the findings, 
conclusions and recommendations for improving state policies in the field of subsidizing agriculture 
and the rural environment.  
During the year the sectorial departments within the Ministry of Agriculture and Food Industry 
organize con sultations with the representatives of the profile associations, business environment in 
order to discuss the policy implementation results as well as the opportunities for improvement.  
All submitted proposals for the improvement of state policies are exa mined by a group of experts 
within the Ministry and published on the official website ( www.maia.md ) as well as on the website 
of the State Chancellery ( www.particip.gov.md ) for public consultations.  
Page:  15 & 16; Paragraph: 1.14 - 1.16 
Question 9:  Has the Moldovan government assessed the potential trade linkage of the exchange 
rate variation on economic activity and overall employment?  Furthermore, what additional measures 
would the Moldovan authorities  undertake to address the currency depreciation and its impact on 
the socio -economic parameters?    
Moldova's  answer:  According to the Law No.  548/1995 on the National Bank of Moldova (NBM), 
the NBM is the central bank of the Republic of Moldova, an autonomous public legal entity developing 
and promoting monetary and foreign exchange policies.  Its primary objective is to ensure and 
maintain pric e stability.  The NBM operates in accordance with the medium -term monetary policy 
strategy, approved by the Council of Administration of the NBM on 27 December 2012.  According to 
information provided by the authorities, consistent with the inflation target of 5% as the nominal 
anchor for monetary policy, the NBM implements a managed floating exchange rate regime without 
having a pre -established target for the exchange rate of the domestic currency. The NBM intervenes 
on the foreign exchange market to smooth out excessive fluctuations of the official exchange rate 
to prevent any speculative operations and to strengthen international foreign exchange reserves, as 
long as these interventions do not negatively affect the achievement of the inflation target and th e 
fundamental path of the MDL exchange rate.  The NBM publishes data on its foreign exchange 
operations with the aim of enhancing the market's understanding of the NBM's monetary policy 
actions.  
Generally, there are no restrictions on foreign exchange opera tions related to capital inflows, while 
some notification requirements for receipts by residents from non -residents of loans, credits and 
guarantees remain in place for statistical purposes. Some foreign exchange operations by Moldovan 
residents (physical and legal persons), implying capital outflows, remain subject to NBM 
authorization, usually when exceeding a value of EUR 10,000 (or their equivalent) , taking into 
account, inter alia, the current conditions of the money, credit and foreign exchange marke t, and 
the situation of the balance of payments.  There are no restrictions on the conversion or transfer of 
funds associated with foreign investment in the Republic of Moldova.  
 
8 Government Decision no. 507/2018 for the approval of the Regulation on the conditions and procedure 
for granting ad vance payments for start -up projects from the National Fund for the Development of Agriculture 
and Rural Development, available in Romanian at:  
https://www.legis.md/cautare/g etResults?doc_id=129512&lang=ro# . 
9 Government Decision no. 476/2019 for the approval of the Regulation on granting subsidies for the 
improvement of living and working conditions in rural areas from the National Fund for the Development of 
Agriculture and Rural Areas, available in Romanian at:  
https://www.legis.md/cautare/getResults?doc_id=118590&lang=ro . WT/TPR/M/428/Add.1  
 
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  Between 2015 and 2018, inflation declined from 9.7% to 3% before picking up in 2019 as pressures 
mounted from an expansionary fiscal stance and a currency depreciation.  The NBM had tightened 
monetary policy between January and December 2015 when the policy rate stood at 19.5%.  After 
the period of loosening between 2016 and 2017, the NBM continued the cycle of monetary tightening 
in 2019, when the policy rate was raised by 100 basis points to 7.5%.  In addition, in 2019 the 
required reserve ratio on the Bank's convertible currencies was raised by 3 percentage points to 
17% while that on  non-convertible currencies was left unchanged at 42.5%.  At the last monetary 
policy meeting in 2019, the Executive Board of the NBM decided to reduce the base rate by 2 
percentage points to 5.5%.  
Given the current energy crisis and war related crisis, th e inflation rate reached the highest peaks 
in Moldova since the last decade. The NBM and the relevant authorities continue to use the necessary 
monetary policy tools in order to tighten the rate of inflation.  
Expiry reviews may be initiated at the request  of a domestic industry or by the Investigation Body. 
If the expiry review determines the measure should be retained, the duties normally remain in force 
for another five years.  
Page:  46; Paragraph: 3.59  
Question 10:  Could Moldova kindly provide details of  how the "likelihood" analysis (i.e., the expiry 
of anti -dumping duty would be likely to lead to continuation or recurrence of injury and dumping) 
mandated under Article 11.3 of the Anti -Dumping Agreement would be undertaken pursuant to its 
relevant domest ic laws and regulations?  
Moldova's  answer:  Moldova did not initiate any anti -dumping investigations during the review 
period. All the procedures related to  antidumping measures including the determination of the 
likelihood analysis, are in line with WTO pr ovisions, thus the RM is obliged to fulfil all the steps and 
requirements provided within WTO Anti -Dumping Agreement.  
The Secretariat Report notes that the Republic of Moldova is implementing reforms with an aim to 
change its system of mandatory standards to the one where technical regulation are based on 
international or European standards and best practices.  
Page:  52; Paragraph: 3.90  
Question 11: Considering that standards designated mandatory by Government Decisions are 
technical regulations, could the R epublic of Moldova please confirm if the procedure for the 
formulation of standards follows the Code of Good Practice of the WTO Agreement on Technical 
Barriers to Trade?  
Moldova's  answer:  Yes, the procedure for the formulation of standards follows the Code of Good 
Practice.  
The Secretariat Report notes that conformity certificates must be issued by a Moldovan accredited 
conformity assessment body, an EU accredited certification body, or foreign accredited laboratories 
as recognised certification bodies covered under an MRA.  The MRAs on certificates specify that these 
agreements are applicable only for the products manufactured within the countries of interest.  The 
Republic of Moldova accepts certificates from EU member States.  Inspection or testing repor ts by 
foreign accredited laboratories are acceptable for certification process.  
Page:  52; Paragraph: 3.93  
Question 12: The Republic of Moldova accepts a wide range of inspection of testing results, could 
Moldova clarify if accreditation by an accreditation  body member of ILAC/IAF labs are sufficient to 
meet the conformity requirements?  
Moldova's  answer:  No, it is not sufficient. Law No. 235/2011 on accreditation and conformity 
assessment activities, contains provisions on the recognition of certificates of conformity or test 
reports issued by notified conformity assessment bodies, accredited by national accreditation bodies 
signatory to the Multilateral Recognition Agreement with European Cooperation for Accreditation, 
issued for products imp orted from Member States of the European Union.  
Recognition assumes that the presence of the CE marking and markings laid down by technical 
regulations applicable to the product, shows that it has been subject to conformity assessment WT/TPR/M/428/Add.1  
 
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  procedures and theref ore, it is no longer necessary to repeat the conformity assessment procedures 
already performed when the product is placed or made available on the market.  
The Secretariat report notes that note that the Maximum Residue Limits (MRLs) enforced in the 
Republ ic of Moldova are set according to the recommended level of international standards.  
Page: 54; Paragraph: 3.107  
Question 13:  If a significant proportion of the Moldovan SPS regulation is based on European Union 
directives and regulations, can the authorit ies provide a national explanation, on the process and 
scientific justification for establishing MRLs and other contaminant levels?  
Moldova's  answer:  In order to provide consumers with safe food, ANSA ensures the development 
and implementation of monitorin g programs for food safety and quality, feed, monitoring programs 
for animal and plant health as well as for monitoring phytosanitary products and fertilizers.  
Risk assessment is carried out when there are no limits for contaminants or residues provided i n the 
legislation on some kinds of foodstuffs. In such cases ANSA consults with other institutions' opinions 
in order to ensure that only safe products will be placed on the market.  
The requirements for ensuring the safety of foodstuffs are imposed in conf ormity with the provisions 
of the Sanitary and Phytosanitary Measures Agreement (SPS) of the World Trade Organization. They 
are established on the basis of a human health risk assessment.  
The aforementioned requirements are based on the scientific research  results regarding the 
particularities of food and nutrition and the population health, on the identification and estimation 
of the safety and potential hazards of food and food contact materials, on the risk assessment and 
analysis of endangering human he alth as a result of their consumption, on the estimation of the 
social and economic consequences of the consumption of dangerous and/or unsafe food, and other 
factors.  
The National Residue Monitoring Plan is developed and implemented in accordance with:  
Government Decision No  298/2011 for approval of the Sanitary Veterinary Rule regarding the 
monitoring and control of certain substances and their residues in live animals and products thereof 
as well as the residues of veterinary drugs in products of animal origin harmonized with the 
provisions of Council Directive 96/23/EC of 29 April 1996 on measures to monitor certain substances 
and residues thereof in live animals and animal products and repealing Directives 85/358/EEC and 
86/469/EEC and Decisions 89/187/EEC and 91/664/EEC and Commission Decision of 23 February 
1998 laying down detailed rules on official sampling for the monitoring of certain substances and 
residues thereof in live animals and animal products.  
Government Decision No  942/2010 for approval of the Sanitary Veterin ary Rule regarding the ban 
on the use of certain substances with hormonal or thyreostatic action and beta -agonists in animal 
breeding farms transposes Council Directive 96/22/EC of 29 April 1996 concerning the prohibition 
on the use in stockfarming of cert ain substances having a hormonal or thyrostatic action and of ß -
agonists, and repealing Directives 81/602/EEC, 88/146/EEC, and 88/299/EEC);  
Government Decision No  782/2010 on approval of the Sanitary Veterinary Rule regarding the official 
sampling of live animals and animal origin products transposes Commission Decision 98/179/EC of 
23 February 1998 laying down detailed rules on official sampling for the monitoring of certain 
substances and residues thereof in live animals and animal products;  
Government D ecision No  208/2013 the sanitary veterinary Rule regarding the sampling methods for 
the official control of mycotoxin levels in foodstuffs of animal origin partially transposes Commission 
Regulation (EC) No  401/2006 of 23 February 2006 laying down the meth ods of sampling and analysis 
for the official control of the levels of mycotoxins in foodstuffs ;  
The Government Decision No  1004/2010 on the approval of sampling methods sampling methods 
for the official control of pesticide residues in and on plants and products of plant and animal origin 
transpose Commission Directive 2002/63/EC of 11 July 2002 establishing Community methods of 
sampling for the offi cial control of pesticide residues in and on products of plant and animal origin 
and repealing Directive 79/700/EEC . 
Government Decision No  1191/2010 concerning the maximum permitted limits of residues of plant 
protection products in or on food and feed of  plant and animal origin partially transposes Regulation 
(EC) No  396/2005 of the European Parliament and of the Council of 23 February 2005 on maximum WT/TPR/M/428/Add.1  
 
- 71 - 
 
  residue levels of pesticides in or on food and feed of plant and animal origin and amending Council 
Directive 91/414/EEC;  
Government Decision No  520/2010 for approval Sanitary Regulation regarding contaminants in food 
partially transpose Council Regulation (EEC) No  315/93 of 8 February 1993 laying down Community 
procedures for contaminants in food, transposes  Commission Regulation (EC) No  1881/2006 of 19 
December 2006 setting maximum levels for certain contaminants in foodstuffs; transposes 
Commission Recommendation 2013/711/EU of 3 December 2013 on the reduction of the presence 
of dioxins, furans and PCBs in feed and food; transposes Commission Recommendation 2013/165/EU 
of 27 March 2013 on the presence of T -2 and HT -2 toxin in cereals and cereal products; transposes 
Council Directive 76/621/EEC of 20 July 1976 relating to the fixing of the maximum level of er ucic 
acid in oils and fats intended as such for human consumption and in foodstuffs containing added oils 
or fats;  
Government Decision No  941/2010 for approval rules on the methods of sampling and analysis for 
the official control of the levels of lead, ca dmium, mercury in foods transposes Commission 
Regulation (EC) No  333/2007 of 28 March 2007 laying down the methods of sampling and analysis 
for the o fficial control of the levels of lead, cadmium, mercury, inorganic tin, 3 -MCPD and 
benzo(a)pyrene in foodstuffs .); 
National Food Safety Agency Order No  5/2021 of the on the approval of the list of active substances 
pharmacologically and classification depe nding on the maximum residual limits in food of animal 
origin transposes Commission Regulation (EU) No  37/2010 of 22 December 2009 on 
pharmacological ly active substances and their classification regarding maximum residue limits in 
foodstuffs of animal origin .  
The official sampling for implementing NRMP is carried out by the official veterinarians (inspectors) 
within the ANSA. Official veterinarians (i nspectors) designated for sampling are continuously trained 
and are responsible for the collection, packaging, identification, and transport of samples to 
accredited national laboratories, following the procedure for implementing and monitoring the NRMP.  
The list of pharmacologically active substances, authorised for food -producing animals and their 
classification according to maximum residue limits, is approved by Annex No  1 of ANSA Order 
No 5/2021.  
The list of pharmacologically active substances, banned f rom food -producing animals, is approved 
by Annex No  2 of ANSA Order No  5/2021.  
Both lists are identical with provisions of Commission Regulation (EU) No  37/2010 of 22 December 
2009 on pharmacologically active substances and their classification according t o maximum residue 
limits in foodstuffs of animal origin.  
Also, according to Government Decision No  942/2010, it is forbidden placing on the market/use of: 
thyrostatic substances, stilbenes, stilbene derivatives, their salts and esters, estradiol 17 -β and 
esterified derivatives thereof, of β -agonist substances, androgenic, gestagenic and estrogenic 
substances (with some exceptions).  
In February 2018, Law No.  24 amended and supplemented certain legislative acts ( Law No.  
1456/1993 on Pharmaceutical Activity and Law No.  1409/1997 on Medicinal Products) and provided 
for a new test data protection regime for pharmaceutical products. This new law implemented the 
provisions of Article 315 of the Association Agreement and estab lished the national system to 
guarantee confidentiality, non -disclosure, and non -reliance of data submitted for the purpose of 
obtaining an authorization to put a medicinal product on the market, during a specific time period. 
The amendments entered into f orce on 1 January 2020.  
Page: 70; Paragraph: 3.166  
Question 14: Could Moldova kindly provide the salient features of its test data protection framework 
and it's consistency with Article 39.3, TRIPS?  
Moldova 's answer : Article 39 of TRIPS provides for intern ational protection of undisclosed 
information related to data of pharmaceutical and other chemical products data against unfair use 
as an expression of trade secret.  
 
Protection in the form of data and market exclusivity is provided for by EU legislation.  It is a normal 
practice that the EU and the US include 'data protection ' clauses when concluding bilateral trade 
agreements with third countries and art. 315 and 316 of the EU -Republic of Moldova Association 
Agreement are providing for data protection. To  comply with the commitments under Art. 315 of the WT/TPR/M/428/Add.1  
 
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  EU-Moldova Agreement, Republic of Moldova has amended its legislation, namely: Law 1456/1993 
on pharmaceutical activity was amended by the Law No.  24 of 23.02.2018, but the provisions 
referring to protecti on and exclusivity of test data submitted within the process of authorization 
pharmaceutical products on the market entered into force on 01.01.2020.  
 
A similar regime was implemented for protection of plant protection products, that is provided under 
the Art. 316 of the EU -Moldova Association Agreement. The system for test data for plant protection 
products was introduced by the Law 245 of 23.11.2017 amending the Law No.  119/2004 on plant 
protection products and fertilizers.  
 
At present, in the Republic o f Moldova there is a test data protection regime for both pharmaceuticals 
and plant protection products that guarantees the confidentiality, non -disclosure and non -reliance 
of data submitted for the purpose of obtaining an authorization to put a medicinal product/plant 
protection product on the market that is in compliance with TRIPS and EU acquis.  
 
To this end it could be specified that the test data protection regime for medicinal products  
provides as follows:  
- during a period of at least five years, starting from the date of the grant of a marketing 
authorisation in the Party concerned, no person or entity, whether public or private, other than the 
person or entity who submitted such undisclosed data, shall be  allowed to rely directly or indirectly 
on such data, without the explicit consent of the person or entity who submitted that data, in support 
of an application for the authorisation to put a medicinal product on the market;  
- during a period of at least seven years, starting from the date of the grant of a marketing 
authorisation in the Party concerned, a marketing authorisation for any subsequent application shall 
not be granted, unless the subsequent applicant submits his/her own data, or data used with  
authorisation of the holder of the first authorisation, meeting the same requirements as in the case 
of the first authorisation. Products registered without submission of such data shall be removed from 
the market until the requirements are met.  
 
The sev en-year period shall be extended to a maximum of eight years if, during the first five years 
after obtaining the initial authorisation, the holder obtains an authorisation for one or more new 
therapeutic indications considered to be of significant clinical  benefit in comparison with existing 
therapies.  
The test data regime for plant protection products is 10 years from the first authorisation. In 
case of low risk plant protection products, the period may be extended to 13 years. The 10 or the 
13 years peri od (as the case may be) may be extended by three months for each extension of 
authorisation for minor uses if the applications for such authorisations are made by the holder of the 
authorisation at the latest five years after the date of the first authoris ation. The total period of data 
protection may in no case exceed 13 years. For low risk plant protection products the total period of 
data protection may in no case exceed 15 years.  
 
 
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