WT/TPR/M/323/Add.1
7 December 2015
(15-6465)  Page: 1/43
Trade Policy Review Body 
19 and 21 October 2015 Original: English/anglais/inglés
 
  TRADE POLICY REVIEW 
REPUBLIC OF MOLDOVA  
MINUTES OF THE MEETING 
Addendum 
Chairperson: H.E. Mr. Atanas Atanassov Paparizov (Bulgaria) 
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 
19 et 21 octobre 2015 
EXAMEN DES POLITIQUES COMMERCIALES 
RÉPUBLIQUE DE MOLDOVA  
COMPTE RENDU DE LA RÉUNION 
Addendum 
Président: S.E. M. Atanas Atanassov Paparizov (Bulgarie) 
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 
19 y 21 de octubre de 2015 
EXAMEN DE LAS POLÍTICAS COMERCIALES 
REPÚBLICA DE MOLDOVA  
ACTA DE LA REUNIÓN 
Addendum 
Presidente: Excmo. Sr. Atanas Atanassov Paparizov (Bulgaria) 
En el presente documento figuran las preguntas presentadas anticipadamente por escrito y 
las preguntas adicionales de los Miembros de la OMC, así como las respuestas facilitadas por 
Moldova.1 
                                               
1 In English only./En anglais seulement./En inglés solamente. WT/TPR/M/323/Add.1 
 
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  BRAZIL ............................................................................................................................. 3  
EUROPEAN UNION ........................................................................................................... 4  
CANADA ........................................................................................................................ . 13 
RUSSIAN FEDERATION ................................................................................................... 15  
UNITED STATES ............................................................................................................. 20  
THAILAND ......................................................................................................................  41 
 
 
 WT/TPR/M/323/Add.1 
 
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  BRAZIL 
REPORT BY THE SECRETARIAT 
The Republic of Moldova is a net exporter of ag riculture and food products, which accounted for 
46.2% of total export earnings in 2014. Nevertheless, the agriculture sector continues to face a 
number of challenges, including: land fragmentatio n; infrastructure deficiencies; limited coverage 
and poor condition of irrigation systems; a weak SPS framework; and a declining and ageing rural labor force. 
Question 1: Could the Republic of Moldova pl ease elaborate on the challenges faced by 
its agriculture and on the initiatives and efforts to overcome them?  
ANSWER:  Agriculture in the Republic of Moldova faces quite a considerable number of challenges 
determined by external factors such as variability  of climatic conditions (droughts became quite 
common in recent years), economic crises, international price volatility (as all inputs are imported: 
fuel, fertilizers, machinery) and internal factors as well, mainly low competitiveness, due to inefficient structure of production and processing  with many small farms and unconsolidated land 
resources, underdeveloped market infrastructure , bad condition of rural infrastructure, etc. 
In order to tackle the challenges faced by Mold ovan agriculture, there was adopted the National 
Strategy on Agriculture and Rural Development for the period 2014-2020. The scope of the 
Strategy is to raise the competitiveness of the agri-food sector through comprehensive 
restructuring and modernization, as well as to improve conditions for living and working in rural areas whilst achieving synergies between agri-f ood activities and the natural environment. 
Government assists the implementation of the stra tegy through policy reforms and budget support 
provided in the form of investment aid in different sectors. In the same time, agriculture is 
supported by some international projects directed to enhance competitiveness, provide credits and loans, built up irrigation systems, modernize th e quality management system, food safety, animal 
and plant health systems, as well as to rehabilitate the irrigation systems.  
Q u e s t i o n  2 :  T o  w h a t  e x t e n t  h a v e  s u c h  i n i t iatives and efforts been aligned with farm 
policies, including those related to subsidie s and SPS measures, adopted in neighboring 
countries and blocs?   
ANSWER: The Republic of Moldova is a partner country of the Eastern Partnership within the 
European Neighborhood Policy. In 2014, the EU and the RM signed the Association Agreement, 
including the Deep and Comprehensive Free Trade Agreement, and agreed on an Association 
Agenda. The Agenda outlines the reform priorities in  the Republic of Moldova and it is based on the 
commitments included in the 2014 Association Agreement. In this regard, RM has to gradually align its policies related to SPS to the EU system. For instance, in the subsidy system, unlike EU, 
the Republic of Moldova provides support only for investments. It is also important to note that the 
RM is a part of the Central-European Free Tr ade Agreement and the Agreement on Free Trade 
Zone between CIS countries. 
 WT/TPR/M/323/Add.1 
 
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  EUROPEAN UNION 
2 TRADE AND INVESTMENT REGIME 
2.5 Investment regime Paragraph 2.24, page 22 
Currently the Ministry of Economy is developing  a new strategy on investment attraction and 
export promotion.  
EU questions No 1 and 2: What mechanisms  for dispute resolution, especially for 
resolution of disputes between investors and the state, does Moldova envisage?  
ANSWER: In the National Strategy for Investment Attraction and Export Promotion for 2016-
2020, which is currently in the process of elaboration, one of the objectives is “Fostering the key elements of the business regulatory framework th at would enable the investment attraction and 
export promotion”. Under this objective, the Gove rnment aims to prevent and solve effectively the 
investment disputes, envisaging the following measures: 1) Development and implementation of national le gislation within the concept of an Investment 
Agreement between the Government and the Investor, aimed at clearly defining the rights, 
obligations and investment facilities for large investment projects; 2) Creation of the Investment Ombudsman, as an efficient mechanism for solving investment 
disputes; 
3) Elaboration of an online investors’ help desk, with full information about the mechanisms for claims submission and dispute resolutions, as well as about the relevant legal framework. 
Will these mechanisms be part of the ne w strategy on attracting investment?   
ANSWER: As mentioned previously, the mechanisms for resolution of investment disputes will be 
part of the new National Strategy for Investment Attraction and Export Promotion for 2016-2020. 
Paragraph 2.25, page 22  
In addition to MIEPO, Moldova seems to have also an Office for Investment Attraction.  
EU questions No 3 to 5: Could Moldova ex plain how do these two entities cooperate 
together? Are there any measures planned to  enhance their operational capacities? Is 
the National Strategy for Investment Attr action going to affect their operations?   
ANSWER: The Republic of Moldova does not have an Of fice for Investment Attraction in addition 
to MIEPO. What is, sometimes, referred to as the Office for Investment Attraction, is a consultancy 
project financed by GIZ for the Prime Minister's Office. 
The cooperation between this Project and MIEPO has enlarged MIEPO's capacity for investment 
attraction. This cooperation included trainings, development of promotional materials and creation of the MIEPO's website, as well as participation in joint missions inside and outside the country.  
Two documents are currently under development aiming at enhancing the MIEPO’s capacities: 
Strategy for Investment Attraction and Export Pr omotion, and Institutional Development Strategy. 
Paragraph 2.26, page 22  
Corporate governance in the banking sector is und ermined by a lack of shareholder transparency 
in the banking sector. Despite legal provisions, there are investments from jurisdictions which do not apply international standards on transparency, with many minor shareholders falling under the threshold for scrutiny by the NBM apparently acting in concert.  
EU question No 6: How does Moldova inte nd to address the problem of shareholder 
transparency in the banking sector?   
ANSWER: The National Bank of Moldova applies measures on a permanent basis to enhance the 
level of bank's shareholders transparency. Acco rding to the recommendations of the Financial 
Sector Assessment Program (FSAP) mission conducted in Moldova in 2014, with respect to the corporate governance, as from 1 October 2015, a new unit has been established in the National 
Bank of Moldova: “Monitoring of shareholders tran sparency”. One of its objectives is to ensure a 
sound and prudent ownership structure of commercial banks and a permanent compliance with the requirements on the suitability of the shareholde rs, as well as to determine whether they are WT/TPR/M/323/Add.1 
 
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  acting in concert (in the same bank or between banks) and to verify the level of compliance with 
the legal provisions. 
A specially designated software and a database will be developed and purchased until the end of 
2016 in order to improve the efficiency of the above-mentioned unit in the direction of not 
admitting in the ownership structure of commercial banks the persons who do not meet the 
requirements of a quality shareholder. 
3 TRADE POLICIES AND PRACTICES BY MEASURE 
3.1.7 Standards and other technical requirements  
Paragraphs 3.42 - 3.43, page 36  The EU understands that a number of key legislations in the field of Quality Infrastructure (QI) and, especially Market Surveillance (MS) such as the Law on Metrology are under review.  
 
EU questions No 7 and 8: Could Moldova give an overview of the timeline foreseen for their adoption? When does Moldova plan to submit these bills of law at the WTO TBT 
Committee?  
ANSWER: According to the 2014-2016 Plan for the im plementation of the Association Agreement 
between the Republic of Moldova and the European Union, the draft laws referring to metrology, 
market surveillance, accreditation and conformity assessment and national standardization are 
planned to be adopted by the end of 2015. Notifi cations referring to the nominated drafts, will be 
submitted to the Secretariat of the WTO in the near future.  
3.1.9 Sanitary and phytosanitary measures 
Paragraph 3.66, page 39 
The Republic of Moldova submitted only 3 noti fications on its SPS legislation since its WTO 
accession.   
EU question No 9: Can Moldova explain the reasons for such a limited number of 
notifications, considering that it has an im portant stake in agriculture and it could be 
assumed that there have been more legislativ e initiatives in this area in the past 14 
years?  
ANSWER: One of the reasons for such a restricted number of notifications in this significant area 
is the limited staff aware of the WTO issues. Furthermore, due to functional competences transition from one public authority to another, there can be noticed a lack of historical knowledge.  
We recognize that over the past years, national officials have beneficiated from the WTO’s Trade-
related technical assistance activities and programmes geared towards sustainable trade capacity-building. In this regard, due to the gained experien ce, it will be possible to resume the notification 
process according to the transparency princi ple and the RM’s commitments to the WTO. 
Paragraph 3.65, page 39  
There appears to be only a limited progress achi eved in establishing animal health control in 
Moldova.  
EU questions No 10 and 11: What plans does Moldova have in order to advance the regulatory framework and infra-structure for animal health control? What importance 
does Moldova assign to this issue in its SPS policy? 
ANSWER: Every year NFSA elaborates the Strategic Actions’ program of surveillance, prevention 
and control of animals’ diseases, prevention of transmission of diseases from animals to humans and environment protection were are included the measures that need to be implemented during a 
year.  
NFSA elaborated and adopted the Order No. 51 of 04.03.2015, on the approval of veterinary rules 
and the official declaration on internal notification of animal diseases (in its Annex there is a list of 
diseases for mandatory notifications on all the territory of the Republic of Moldova).  
NFSA have elaborated and started to implement different disease control programs: 
1. National Control Program of Salmonella in broilers and laying hens. 2. National Control Program of Avian Influenza. 
3. National Control Program of Bovine Leucosis. 
4. Control and Supervision of Bovine Tuberculosis and Brucellosis. WT/TPR/M/323/Add.1 
 
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  5. National Control Program of Rabies in foxes.  
3.4 Measures affecting production and trade 
3.4.3 Competition Paragraph 3.104, page 45  
The Commission welcomes the steps already taken by the Competition Council in adopting and 
implementing the competition law and the state aid law. The focus should now be on implementation, making good use of the new legislative framework, the possibility to impose 
sanctions and the status of the Competition Council to ensure fair competition. 
EU question No 12: What measures does Moldova intend to take to strengthen the Competition Council and the robust enforcement of competition rules and policies, in accordance with internationa l practices and standards? 
ANSWER: In pursuing the goals to consolidate the Competition Council’s capacities for economic, 
financial and legal analysis, as well as to combat the infringements of competition legislation, the following measures should be undertaken in accordance with international standards and 
practices: 
1. The organization of trainings, workshops, training seminars, roundtables, working meetings, etc., so as to train the staff on implementing the regulatory framework regarding competition, 
state aid and transparency. This will also promote the competition culture among civil society and 
authorities; 2. The opportunity for the Competition Council’s staff to communicate with international experts during the trainings and study tours will facilitate the sharing of best practices in the field of 
competition; 
3. The promotion of the competition culture and liability for its infringement, in accordance with other countries’ relevant practice. This will consist of encouraging the denouncements of 
competition law offences, by means of financial incentives for the concerned individuals. These 
sums will be deducted from the amount of fines payable for the infringement.  
3.4.2 State trading, state-owned enterprises and privatization 
Paragraph 3.98, page 44  
Currently the privatization process appears to have been put on hold.  EU questions No 13 to 15: Does Moldova inte nd to resume the priv atization process, and 
if so, under what conditions? What steps will the Government take to  ensure a fair and 
transparent privatization process? What in struments will Moldova use to establish the 
fair value of state-owned assets to be sold?  
ANSWER: The privatization of public property is conducted in accordance with the Law no. 121-
XVI of 04 May 2007, on the management and privatization of public property, as well as other 
relevant normative acts. 
The Republic of Moldova Government’s Programme for the 2015 – 2018 period aims at conducting 
the state assets’ privatization pursuant to the princi ples of transparency, legality and efficiency. In 
this regard, three rounds of privatization were planned for 2015. The first round was performed 
during the 03.04.2015 - 22.05.2015 period. It comprised outcry auctions, commercial and investment contests for the privatization of 55 state assets (i.e. SOEs, unfinished objects, 
immovable property, movable and immovable complexes, state’s shareholdings), including two 
minority shareholders. 
The second privatization round started on 28 August 2015 and will continue until 16 October 2015. 
In this round, 62 public assets are included for privatization by way of outcry auctions, investment 
contests and auctions on stock exchange. A new round of privatization is expected by th e end of 2015, shortly after the current round’s 
completion. 
The privatization process will continue in 2016, in particular the privatization of special importance 
assets will be relaunched on the basis of individual projects, with the support of independent financial advisers. 
It has to be mentioned that the public property ev aluation will be performed that will be selected 
by the Public Property Agency through a public  procurement procedure (as envisaged by the Law 
No. 989 of 18.04.2002). WT/TPR/M/323/Add.1 
 
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  Additionally, the initial price for the shareholdings subjected to privatization is determined in 
accordance with the Government’s Decision No. 453 of 02.06.2010, on the establishment of prices 
for state’s shareholdings, and it is based on the shares’ book value.  
3.1.10 Government Procurement  
Paragraph 3.69, page 40  
According to the report, the Republic of Moldova is aligning its public procurement system with 
international best practices. Despite this, EU companies have experienced difficulties regarding the 
announcements of tender procedures and the handling of public procurements. For example, 
announcements have been set out in different la nguages (English/Russian) with different date and 
time indications. More importantly, the lack of co ntact points at the relevant authorities presents 
an obstacle to deal with such matters which in the long term hinders continued trade relations. 
EU question No 16: Can Moldova comment on the process of aligning its public 
procurement system to the standards set ou t by the WTO’s Agreement on Government 
Procurement?  
ANSWER: On 3 July 2015, the Parliament of the Repu blic of Moldova has approved the Law No. 
131, On Government Procurement. The Law will enter into force on May 1, 2016. This Law has been drafted in line with the EU Directiv e 2004/18/CE ensuring the transposition of WTO 
Agreement on Government into domestic law. The draft law has been also discussed with several 
WTO Members during the accession process of the Republic of Moldova to the WTO Agreement on 
Government Procurement, which points to the compliance of the domestic legislation with this Agreement. 
4 TRADE POLICY BY SECTOR 
4.1 Agriculture policies  Charter 4.2 of the secretariat report ("Structure of manufacturing production" for 2014), refers to 
the wine sector which accounted 7.3 % of the tota l production in Moldova and refers to the wine 
and spirits sector as the main export category for the Moldovan economy. In addition, the report notes that GDP has gone down from 9.4% to 4.6% in 2013 due to an important slowdown in 
agriculture and related industries, with some its main trading partners, notably the Russian 
Federation and Ukraine.  EU questions No 17 and 18: Paragraph 3.31 (pag e 33) of the report states that Moldova 
does not impose any quantitative restri ctions. Can Moldova still confirm that no 
restrictions are imposed on the domestic dist ribution of wines and spirits? Can Moldova 
confirm that it does not impose any conditions  related to certification, differential mark-
ups or excise duties, systematic analyses or  sampling? If so, the EU would appreciate 
Moldova to clarify those measures. 
ANSWER: As stated by Paragraph 3.31 of the Report, the Republic of Moldova does not impose 
any quantitative restrictions. In the same time, producers of wine and spirits have to comply with 
national legislation that obliges them to have a li cense. In addition, the producers of spirits must 
own production equipment. Producers and sellers of wine are obliged to register in the Wine register, but this is free of charge. Natural wi nes are exempted of excise duties. The wine 
production’s labeling is regulated by the Law, No. 57 of 2006, on vine and wine, as well as by the 
Technical Regulation on Organization of wine market and product traceability, adopted by the 
Government’s Decision No. 356 of 11.05.2009. The alcoholic beverages that are specified by the Law No. 1100 of 2000 are imposable with the excise  duties. The labeling of spirits is regulated by 
the Law No. 1100 of 2000, and by the Technical Regulation adopted in this regard by the 
Government’s Decision No. 317 of 23.05.2012. 
Finally, all kinds of alcoholic beverages must be certified according to the provisions of the Law No. 
235 of 01.12.2011, on accreditation and evaluation of conformity. 
EU question No 19: in the context of inte rnational trade of wines and spirits, what 
controls are performed by customs authoritie s as regards IPR protection, in particular 
PDO/PGIs, in accordance with Mo ldova's international obligations?  
ANSWER: In order to achieve an adequate and efficient protection and enforcement of the 
intellectual property rights, the Customs Service has amended the Customs Code by adapting it to the EU standards. The changes in the legislation aim at opposing the free circulation, export, re-
export to/from the Republic of Moldova and the placing of the goods under the suspension custom WT/TPR/M/323/Add.1 
 
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  regime, if those goods infringe the intellectual  property rights, including the protection of 
Appellations of Origin/Geographical Indication. 
The procedure to ensure the protection of intellec tual property rights at the customs border may 
be initiated by: 
• the right holder, by filing an intervention request; 
• the office (ex-officio), provided subsequent intervention of the right holder 
The goods with respect to which an infringement of intellectual property right is detected (under 
Art. 305 of the Customs Code of the Republic of Moldova) are: 
• destroyed 
• delivered free of charge to public institutions, including the social protection system, public 
organizations or humanitarian foundations, associations or sports clubs, state educational 
institutions, individuals affected by natural disasters, provided that there is a written consent 
of the right holder; that the goods are design ated for human consumption/use; and that the 
goods are not for sale. 
According to data provided by the Customs Se rvice, in 2014 the number of requests for 
intervention submitted by the right holders of intellectual property rights increased, which 
respectively increased the number of the objects of the intellectual property for which protection 
was claimed at the border. 
During 2014, 136 requests were submitted to the Customs Service by the right holders for custom 
actions, including: 
• 3 custom intervention requests submitted by individuals; 
• 133 custom intervention requests submitted by legal entities 
At the end of December 2014, there were 597 items registered in the intellectual property rights 
register which received border protection.  
During 2014, the Customs Service has recorded 30 detentions of goods suspected of being 
counterfeit. 
29 out of the 30 product seizures were carried out for imported goods and only in one case the 
products were exported. In 29 cases the goods ha ve been detained or suspended, the importer 
was national (4 individuals and 25 companies), and in one case foreign (individual). In 25 cases the restraint was for trademark infringement, mostly foreign (96%) and 5 infringement cases of infringement of the exclus ive rights of Industrial Designs (100% domestic 
right holders). 
In 26 cases the procedure for securing the rights was initiated based on the right holder requests 
and 4 proceedings were initiated ex officio. 
The number of requests for intervention increased by 43% in 2014 compared to 2013. 
4.4 Services 
4.4.1 Financial services 
Paragraph 4.37, page 60 
As a result of the financial crisis affecting Moldov an banks, the proportion of non-performing loans 
(NPL's) is expected to rise from around 15% to well over 20%. In order to manage NPL's, banks should have the possibility to sell NPL's at di scounted rather than nominal value, also to be 
reflected in the balance sheet of banks.  
EU question No 20: What is the legal framework for managi ng, (re-)selling and 
registering NPL's in the balance sheets?  WT/TPR/M/323/Add.1 
 
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  ANSWER:  
• Management: The management of the non-performing loans by banks is performed on the 
basis of internal policies and regulations relate d to lending activities, which are drawn up in 
accordance with the Law on Financial Institutions2 and subordinated normative acts 
(Regulation on assets and conditional commitments classification3, Regulation on 
investments of banks in property, plant and equipment4, Regulation on Crediting Activity of 
Banks operating in the Republic of Moldova).5 
• (Re-) sale: According to the Civil Code of the Republic of Moldova (Articles 556 - 566), a 
claim may be transferred by a holder (assignor) to a third party (assignee) on a contract basis. Thus, the assignee shall replace the assign or in rights resulting from such claim. The 
assignor may submit a claim to a third party, without debtor’s consent, if such fact is not 
contrary to the essence of the obligation, the agreement between the parties or the Law. At 
the same time, if the assignor notifies the debtor on the claim’s transfer, the latter may oppose the transfer. Accordingly, the Civil Co de provides that a claim may be transferred 
according to the law, a court decision or a pub lic authority decision. The Republic of Moldova 
does not have a special regulatory framework th at would regulate the (re) selling by banks 
of the non-performing loans. 
• Registration: Non-performing loans are regist ered by banks in the balance sheet on the 
basis of their accounting policies and internal regulations in this regard, which shall be in accordance with IFRS. 
4.4.1.1 Banking 
Paragraph 4.41, page 61 
The collapse of three systemic banks (Banca de Economii, Banca Sociala and Unibanka) at the end 
of 2014, appears to be affecting the real economy, including traders and investors.  
EU question No 21: Could Moldova elaborat e on how the current banking crisis in 
Moldova is affecting business lending in the country? 
ANSWER: The year 2015 may be characterized by a decline in the economic development of the 
country, determined by a banking crisis (three banks under special administration and another 
three biggest banks – under special supervision), a strong depreciation of the national currency and a high inflation (12.2% in August), trading restrictions and summer drought, decrease of international partners confidence. In these conditions, the National Bank of Moldova has increased 
the base rate and the required reserves ratio,  decisions aimed at maintaining the national 
currency. Considering these circumstances, banks had to increase their interest rates both for deposits and loans, and now have fewer amounts available for lending. During the first eight 
months of 2015, the loan portfolio increased by MDL 2.35 billion (6%), driven mostly by currency 
depreciation (increase in MDL lending was by MDL 145.8 million (0.6%), USD lending recorded a decrease by USD 45.7 million (-11%) and EUR lending rose by EUR 5.4 million (1.0%)). 
4.4.1.3 Securities market 
Paragraph 4.50, page 62  
Transparency in shareholding transactions is ha m p e r e d  b y  t h e  l a c k  o f  a  s i n g l e  d e p o s i t o r y  f o r  
registering share ownership.  
EU question No 22: Does Moldova intend to establish a single share depository, and how 
shall that be realized?  
ANSWER: Following the recommendations of the International Monetary Fund, the World Bank 
and the Financial Sector Assessment Program (FSAP) mission conducted in Moldova in 2014, 
concerning the implementation of the Single Central Securities Depository (CSD), that will enhance the safety and efficiency of clearing and settlemen t of securities in our country, Moldova intends to 
establish a single CSD. The structure, the functi onalities and the ownership model of the CSD will 
                                               
2 http://bnm.md/en/content/law-finan cial-institutions-no-550-xiii-21071995 . 
3 http://bnm.md/en/content/regulation-assets-and-conditional-commitments-classification-approved-
dca-nbm-no231-october .  
4 http://bnm.md/en/content/regulation-investment s-banks-property-plant-and-equipment-approved-
dca-nbm-no384-december-23 .  
5 http://bnm.md/en/content/regulation-crediting-acti vity-banks-operating-republic-moldova-approved-
ca-nbm-minutes-no45 .  WT/TPR/M/323/Add.1 
 
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  be determined during the feasibility study, expected to be realized with technical assistance 
provided by appropriate international organization s, from which it had been already requested. 
4.4.1.4 Insurance 
Paragraph 4.53, page 63 
It appears that the insurance market is charac terised by presence of many anti-competitive 
practices, resulting in a weak financial health of the insurance sector, with Moldova at risk of being 
excluded from the international Green Card system.  
EU question No 23: What measures will Moldov a take to restore effective supervision of 
the insurance market? 
ANSWER: In order to improve the regulation and supervision of the insurance market, the 
National Commission for Financial Market s (NCFM) took the following measures: 
I. Promotion of the draft law amending the La w on Insurance no. 407-XVI of 21.12.2006, which 
has been developed by NCFM and includes the following amendments: 
1.1. Strengthening the financial stability of in surers, by applying a transparent and complete 
regulation of the measures used for improving the financial situation and for financial remediation 
of insurers; 1.2. Diversification of the sanctions and penalties applied to insurers for violations and deficiencies 
identified that shall lead to the consolidation of the supervisory capacity of the financial market 
authority. 
According to the draft law, the stre ngthening of financial capacity of insurers (reinsurers) will be 
performed by early intervention of NCFM by applying: 
• financial recovery plan containing effective measures to improve the financial situation of 
insurers (reinsurers); 
• financial remediation that can be triggered by: 
a) plan of remediation that will include the nece ssary measures and the period in which accurate 
results will be obtained; b) special administration through the appointment by the NCFM of a special administrator whose 
task will be to manage the activity, restore a stable financial situation of the insurer (reinsurer) 
and recommend the supervisory authority to undertake regulatory measures according to the circumstances. 
Also, the draft law provides that the NCFM will have a sanctioning power against insurers 
(reinsurers), insurance and/or reinsurance intermed iaries for the cases where infringements will be 
found. In this, the sanctioning competencies will be  triggered by the violations of the legislation, 
supervisory authority’s by-laws, licensing condit ions, and prescriptions issued by authorities. 
Sanctions will also be imposed for the non-execution of penalties and imposed remediation 
measures. Hence, the range of applicable sanctions will include the following:  
• written notice; 
• public warning; 
• penalties for the officials of the insurer (reinsurer) or insurance and/or reinsurance 
intermediaries; 
• penalties of up to 1 percent of the minimum capital, applicable to insurers (reinsurers), and 
up to 20 percent of the minimum capital applicable to insurance and / or reinsurance 
brokers; 
• limitation of operations for a certain time-period, as provided by the measures envisaged by 
Art. 42 para. (5) and/or para. (6) of the law; 
• suspension, partial or total withdrawal of the license. 
II. Promotion of the draft law amending the Law on compulsory insurance against civil liability in 
respect of motor vehicles, no. 414-XVI of 22.12.2006, which has also been developed by the 
NCFM.  The draft law completes the current law with new provisions in order to eliminate the uncertainties and gaps previously found in practice.  
III. Finally, the NCFM has developed the draft law on the Insurance Guarantee Fund, which was 
submitted to the Parliament in 2013. The draft la w provides an insurance guarantee scheme for 
the situations where the insurer becomes insolvent. It  will imply the creation of a fund to which the 
insurers will contribute annually with 0.5% of the gross written premiums amount.  WT/TPR/M/323/Add.1 
 
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  The main goal of the draft law is to complete th e state guarantees system so as to protect the 
consumers of insurance products, and to ensure the stability of the financial market in general. 
4.4.2 Communication services 
Paragraph 4.60, page 64 
The telecommunication services market is underdeveloped, due to the monopoly of the biggest 
operator, Moldtelecom which is state-owned.  EU question No 24: How does Moldova in tend to develop the telecommunications 
market, and ensure that Moldtelecom does not enjoy preferential treatment or abuse its 
dominant position?  
ANSWER: The telecommunication sector has been fully liberalized starting with 1 Jan 2004. The 
Law on Electronic Communications no.241-XVI of 15 Nov 2007 entered into force in 2008. It 
transposed in the national legislation the provis ions of the Directives 2002/19/EC, 2002/20/EC, 
2002/21/EC, and 2002/22/EC in view of promoting effe ctive, loyal and fair competition, protecting 
the rights of final users, assuring the access to the electronic communication networks and related 
infrastructure, implementing the general authorization regime for assuring the freedom of initiating 
the supply of electronic communication networks and services.  
Under the said law, the National Agency for Regulations in Electronic Communications and 
Information Technologies (ANRCETI) has developed the necessary regulations, appointed the 
suppliers with significant power, and has imposed the necessary remedies (special preventive obligations).  
In accordance with the provisions of the Association Agreement between the Republic of Moldova 
and the European Union, a new draft law on electronic communications has been prepared to 
transpose the set of 2009 EU Directives regulati ng electronic communications. In the same 
connection, a draft law has been prepared on access by properties and shared use of the 
infrastructure related to the public networks of electronic communications.  
Paragraph 4.70, page 66  
According to Moldova’s GATS commitments some reservation are made on postal services, while 
the sector of courier services sector is fully open.  
EU questions No 25 and 26: Can Moldova plea se explain under which conditions foreign 
courier/express operators can provide thei r services in Moldova? Can you please 
confirm that the monopoly on post office  counter services is still in place? 
ANSWER: Postal services are mentioned in Box 2.1 on page 25 in the table of activities subject to 
licensing. However, in paragraph 4.70 it is stated that postal services under 2 kg are subject to monopoly.  
Foreign courier express operators can provide their services in Moldova in the following conditions:  
• They must be registered with the State Registration Chamber;  
• Their statutes must set out ‘providing courier express services’ as a type of their activities.  
According to the Law on Post Office No. 463-XIII of 18 May 1995, currently there is monopoly on 
post office’s mailing services for the range of weights between 0 and 2000g, provided by the post 
offices of the State Company “Po șta Moldovei” (Moldova’s Post Office). Parcel delivery services are 
open for competition.  
EU question No 27: Can Moldova please expl ain to what kind of postal services the 
licences listed at page 25 refer to: within th e monopoly and / or outside the monopoly? 
ANSWER: Although the Post Office Law provides for th e provision of postal services based on the 
licenses issued by MTIC, in the Law No. 451 of 30 July 2001 on regulating the entrepreneurial 
activities by licensing, postal services are not included in the list of services that require licensing.  
4.4.3.3 Railway  
Paragraph 4.90, page 70 
CFM, the national railroad company, seems to have a dominant position on the market, with a highly in transparent policy on cargo tariffs applied.  WT/TPR/M/323/Add.1 
 
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  EU questions No 28 and 29: What measures w ill Moldova take to ensure that CFM plays 
according to fair market rules? Does Moldova have any plans to re-structure the company and attract more competition in the sector?  
ANSWER: To ensure that CFM plays according to fair market rules, the Republic of Moldova has a 
restructuring plan. Its main aspect is to reform the existing organizational framework so as to 
divide the functions (i.e. regulation, certification, registration of railway vehicles, investigation of accidents, etc.) between several authorities. In th is context, new public bodies will be created, 
namely the Railway Transport Agency and the Invest igation Agency. Moreover, it will be necessary 
to amend the national legislation so as to transpose the European standards in the railway sector.   WT/TPR/M/323/Add.1 
 
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  CANADA 
Report by the Secretariat (WT/TPR/S/323) 
 
Summary, paragraph 14, page 7. 
 
The Secretariat Report noted that participation in a number of economic activities is only permitted upon the granting of a license. These activiti es include the manufacture of some but not all 
alcoholic beverages, mining, banking, and tourism.  
1. Does this licensing requirement apply eq ually to foreign and domestic entities? 
ANSWER: In the context of the legal provisions set in the Law No. 451 of 2001, On Regulation by 
Licensing of Entrepreneurial Activities, the Chamber assures equal conditions to the license 
applicants, regardless of the type of their ownership and legal form of organization.  
As to the administration of tariff contingencies on the import/export of goods to/from the Republic 
of Moldova, the administrative process unfolds ba sed on the Regulation for the Administration of 
Tariff Contingencies on the Import/Export of Goods to/from the Republic of Moldova, approved by 
the Government Decision No.971 of 17 Nov 2014. In  accordance with pt.10 of the Regulation, the 
distribution of shares in the export of goods fr om the tariff position 1701 99 10 (sugar) shall be 
done exclusively for the Moldovan sugar produc ers based on the authorization issued by the 
Licensing Chamber. The issue of authorizations fo r the export of goods from the tariff position 
1701 99 10 shall be done by the Licensing Chambe r free of charge, for each export operation, 
according to the mechanism specified in Annex 2 to the Regulation.  
The system of administration of tariff continge ncies (on import) is in the competence of the 
Customs Service and is based on the FIFO (first in, first out) principle, based on the registration of 
the customs declaration in the information system Asycuda World. Tariff preferences are granted 
in the order of registration of customs declaratio ns in Asycuda World and within the limits of the 
amounts indicated in the annexes to the Association Agreement.  
2. Is Moldova considering easing access to some of these activities? 
ANSWER: As to the issue of own consideration related to the easy access in carrying out the 
activities subject to regulation by licensing, we think that the process is a transparent one, with 
rules, timeframes, situations that imply the issue of prescriptions, suspension/removal of licenses 
exhaustively stipulated by the legal provisions and with possibilities of online application via the 
information system E-licensing, the elements being in compliance with the Law No. 235/2006 on 
the Main Principles of Regulation of Entrepreneurial Activities. 
Part III, Trade Policies and Practices by Me asure: Bound Tariffs, paragraph 3.21, page 
30.  
 The Secretariat Report noted that there were 27 tariff lines where MFN applied tariff rates 
exceeded bound rates when using AVEs based on 2013 AVEs import data. 
3. How does Moldova intend to address the i ssue of MFN applied tariff rates exceeding 
bound rates?  
ANSWER: The Republic of Moldova confirms its intention to adjust the customs duties that exceed 
the MFN bound rates negotiated upon accession to  the WTO. Thus, amendments will be made to 
the country’s fiscal policy for the next ye ar in order to achieve this objective. 
Part lV, Communication Services, paragraph 4.61, page 65. 
 
The Secretariat noted that the Ministry of Information Technology and Communications (MITC) formulates and promotes State policy for the information society. WT/TPR/M/323/Add.1 
 
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  4. Canada understands that Moldova does not permit the domestic use of VoIP phone 
numbers originating outside of Moldova, ev en though the technology exists. Will 
Moldova consider allowing foreign teleco mmunication companies to keep the same 
phone numbers for VoIP inside and outside of Moldova? 
ANSWER: In order to supply electronic communication networks and services, the foreign 
company must be registered in Moldova and be authorized according to the provisions of the Law on Electronic Communications. For VoIP, according to the national legal and regulatory 
frameworks, suppliers may be assigned independent location numbers from the National 
Numbering Plan, provided they are used for starti ng calls in the territory of Moldova and ending 
calls at the local, national and/or international levels. There are no plans to amend the legal and regulatory frameworks in order to change the current situation.  
5. Telecom companies wishing to offer national  telephone service in Moldova can only 
do this by interconnecting with each of Mo ldova’s districts, requiring a set of telecom 
equipment for the interconnection with ea ch of Moldova’s districts. Will Moldova 
consider removing this requ irement, to allow the provis ion of national telephone 
service throughout the country?  
ANSWER: The national legal and regulatory framewor ks do not impose such requirements. The 
suppliers registered in Moldova and authorized according to the provisions of the Law on Electronic 
Communications No. 241-XVI of 15 Nov 2007 can supply landline telephone services at local, district, and national (country) levels. The supplier can decide by itself (based on existing technical possibilities) with which other suppliers and where to interconnect.  
 WT/TPR/M/323/Add.1 
 
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  RUSSIAN FEDERATION 
QUESTIONS REGARDING THE SECRETARIAT REPORT (WT/TPR/S/323) 
3 TRADE POLICIES AND PRACTICES BY MEASURE 
3.1.4.4 Other duties and charges p 31 
 
Question: The Law № 1540-XIII of 15 February 1998 introduced an “import surcharge on goods 
that pollute the environment”. The list of goods includes 180 tariff lines. The Law № 173-XVI of 10 
June 2008 introduced an import surcharge on goods in plastic packaging or “tetra-pack” (except 
for the dairy products). Could you please clarify whether this measure is consistent with the WTO commitments undertaken by the Republic of Moldova, including: 
- Commitments under the Article III of the GATT 1994 «The products of the territory of any 
contracting party imported into the territory of any other contracting party shall not be subject, directly or indirectly, to internal taxes or othe r internal charges of any kind in excess of those 
applied, directly or indirectly, to like domestic products»? 
- Commitments under the Article II of the GATT 1994, since the goods imported to Moldavia 
are charged an environmental tax (ecological tax) (0.5 % to 5%) in addition to the established 
import duties. As a result, the overall taxation level of the imported goods exceeds the agreed 
level according to the Moldavian WTO post-accession commitments. 
ANSWER: In order to fulfill the commitments taken by the Republic of Moldova in the WTO and 
DCFTA, the Ministry of Environment will promot e a new project to establish a system for the 
application of economic instruments related to environmental issues and strategic objectives 
established in this regard. 
Accordingly, it is important to note that these economic instruments are to be applied uniformly on 
local producers and products, as well as importers and imported products. 
3.1.5 Import prohibitions, restrictions, licensing, and quotas 
3.30 p 33 
 
The importation of some products (e.g. certain animals, plants, narcotics, arms, asbestos  and 
ozone depleting substances) are prohibited for va rious reasons, such as health, environment, 
public security and order, cultural heritage or the fulfilment of international obligations, e.g. under 
the Convention on International Trade in Endang ered Species of Wild Fauna and Flora (CITES). 
According to the authorities, temporary import prohibitions are also in line with the latest updates on hazardous diseases from the World Organizati on of Animal Health (OIE) and based on EU 
legislation for certain diseases. 
  
Question:  
According to the Moldova’s notification G/TBT/N/MD A/21 of 28.05.2014 as regards the draft of the 
Law providing for the prohibition of production and imports of certain chemicals, the basis for such 
measure is the Rotterdam Convention. The Russian Federation also considers the said Convention 
as a relevant international standard for the purposes of the WTO Agreement on TBT. However, 
chrysotile asbestos (CAS No.12001-29-5) is no t listed in the Annex III of the mentioned above 
Convention. Could the Moldovan Government please specify how does this draft law corresponds 
to the Article 2.4 of the WTO Agreement on TBT,  stipulating that Members shall use relevant 
international standards as a basis for the technical regulations?  
ANSWER: The Republic of Moldova reiterates that the notified measure is based on documents as: 
• Decision Guidance Document on Asbestos adopted in 2003-2004 in the framework of the 
Rotterdam Convention and communicated to the Designated National Authorities on 1 February 2005 in accordance with Art. 7 and 10 of the Rotterdam Convention, WT/TPR/M/323/Add.1 
 
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  • Draft Decision Guidance Document on Chrysotile  Asbestos, prepared by the Chemical Review 
Committee and submitted to the Conference of Parties to the Rotterdam Convention at its 6th meeting held in 2013, 
• Government’s Decision No.244 of 8 April 2013, On approval of minimum requirements for 
the protection of workers from the risks related to exposure to asbestos at work, 
harmonized with the Directive 2009/148/EC of the European Parliament and of the Council of 30 November 2009 on the protection of work ers from the risks related to exposure to 
asbestos at work. 
• National Programme on Sound Management of Chemicals in the Republic of Moldova, 
approved by the Government’s Decision No.973 of 18 October 2010.  
Thus, the measure conforms to the WTO TBT Agreement as a whole, and is intended to harmonize 
the national legislation with related international standards and to protect the health of its citizen 
and environment (by preventing the atmospheric pollution), since asbestos fibers as well as other chemical substances are scientifically proven to be dangerous for both human health (most part of 
them are carcinogenic) and environment (causing air pollution).  
In this context, Moldovan Government reiterates, that the intention to modify its safety legislation 
regarding construction materials and articles consisting of or containing asbestos, regardless of its 
nature or origin, (namely: Actnolite (CAS No. 77536-66-4); Amosite (CAS No. 12172-73-5); 
Anthophyllite (CAS No.77536-67-5); Chrysotile  (CAS No. 12001-29-5); Crocidolite (CAS No. 
12001-28-4); Tremolite (CAS No.77536-68-6)) is in the spirit of WTO Agreements and relevant 
international standards. 
3.1.7 Standards and other technical requirements 
P 35  
Question: We believe that the Moldovian licensing syst em for the importation of white sugar, as 
well as the non-recognition of the CIS form of cert ificate of origin (CT-1) creates an obstacle for 
trade with Russian exporters. Please specify how does this measure corresponds to the Article I, 
III and XI of GATT WTO 1994 on the MFN and NT regimes and general elimination of quantitative 
restrictions consequently. Would the Moldavian pa rty please clarify the rationale behind these 
measures as well as whether the Moldovan Government has an intention on revising these trade-distortive measures?  
ANSWER: The licensing system for the importation of white sugar was adopted within the 
framework on the import flows’ monitoring and control, and does not represent trade-distortive measure.  
However, the Republic of Moldova has assume d obligations under the Association Agreement 
between RM-EU and the DCFTA, in respect of non-replacement of beet sugar with cane sugar at export to the European Union. Thus, this mechanism is aimed to control the imports and prevent 
the substitution of imports of beet sugar by cane sugar. 
3.1.9 Sanitary and phytosanitary measures 
3.56 p 38 The domestic legal framework on SPS includes, inter alia , Law No. 113 of 18 May 2012 
establishing the general principles and requirem ents of food safety; Law No. 221 of 19 October 
2007 on sanitary-veterinary activity; Law No. 228 of 23 September 2010 on plant protection and 
plant quarantine; and the Regulation regardin g the organization and functioning of NFSA 
(Government Decision No. 51 of 16 January 2013).  
Question: Please clarify whether  Moldova has notified other Members of the WTO through the 
Secretariat about the mentioned SPS regulations and other SPS regulations and measures if such 
exist as required in article 7 and Annex B of the WTO SPS Agreement?  
ANSWER: One of the reasons for such a restricted number of notifications in this significant area 
is the limited staff aware of the WTO issues. Furthermore, due to functional competences transition from one public authority to another, there can be noticed a lack of historical knowledge.  WT/TPR/M/323/Add.1 
 
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  We recognize that over the past years, national officials have beneficiated from the WTO’s Trade-
related technical assistance activities and programmes geared towards sustainable trade capacity-building. In this regard, due to the gained experien ce, it will be possible to resume the notification 
process according to the transparency princi ple and the RM’s commitments to the WTO. 
3.57p 38 
 Veterinary and sanitary inspection requirements are identical for domestic products and imports. 
Imports subject to such requirements may enter if they are from approved third-country 
establishments inscribed on a list established by the EU. The Republic of Moldova is in the 
process of transposing the EU legislation on  food safety into national legislation . 
Veterinary regulations on food safety are being harmonized with the consolidated directives, 
regulations and decisions of the EU. As from 16 June  2014, veterinary certificates required by EU 
legislation for imports from third countries, issu ed by the EU for exports to the Republic of 
Moldova, are also accepted by NFSA.  
Question 1 : Could the Moldovan Government please specify the time frame for completion of 
harmonization of Moldova’s domestic directives, regulations and decisions with the corresponding 
EU legislation on food safety? 
ANSWER: In collaboration with the DG SANTE’s representatives there was completed the list of 
the European SPS legislation to be incorporated in the Annex XXIV-B to the RM-EU Association Agreement and later transposed into the national law (239 European acts). Thus, according to the RM’s commercial priorities for 2015 was planne d to transpose 7 European Directives and 
Regulations, 39 acts for the 2016 year, 70 acts for the 2017 year, 57 acts for the 2018 year, 58 
acts for the 2019 year and 8 acts for the 2020 year. 
Question 2 : Could Moldova please provide a more detailed information, describing the 
implementation process of the EU standards, wh ich are considered to be more restrictive in 
comparison to the standards of the international organizations, such as Codex Alimentarius. 
ANSWER: EU Regulations transposed into national legislation in the field of food safety: 
• Regulation (EC) No 178/2002 of the European Pa rliament and of the Council of 28 January 
2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down  procedures in matters of food safety (Law 
No. 113 of 18.05.2012, On establishing general pr inciples and requirements of food safety 
legislation). 
• Regulation (EC) No 854/2004 of the European Parliament and of the Council of 29 April 2004 
laying down specific rules for the organisation of official controls on products of animal origin 
intended for human consumption (Government’s Decision No.1112 of 06.12.2010 regarding 
the approval of the sanitary-veterinary norm on  organization of the specific control of the 
animal origin foodstuffs.) 
• Regulation (EC) No. 852/2004 of the European Parliament and of the Council of 29 April 
2004, On the hygiene of foodstuffs (Gover nment’s Decision No. 412 of 25.05.2010, On 
approval of the general rules for food hygiene") 
• Commission Regulation (EC) No. 2073/2005 of 15 November 2005, On microbiological 
criteria for foodstuffs (Government’s Decision No. 221 of 16 March 2009, regarding the 
approval of rules on microbiological criteria for food products). 
• Regulation (EC) No 853/2004 of the European Parliament and of the Council of 29 April 2004 
laying down specific hygiene rules for food of  animal origin (Government’s Decision No. 435 
of 28.05.2010, On approval of specific hy giene rules for food of animal origin). 
• Commission Decision 97/747/EC of 27 October 1997 fixing the levels and frequencies of 
sampling provided for Council Directive 96/23/EC for the monitoring of certain substances 
and residues thereof in certain animal products (Government’s Decision No. 298 of 27.04.2011 approving the sanitary veterinary no rms on measures of supervision and control WT/TPR/M/323/Add.1 
 
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  of certain substances and residues thereof in live animals and their products and residues of 
medicinal products for veterinary use in animal products).  
• Regulation (EC) No 882/2004 of the European  Parliament and of the Council of 29 April 
2004, on official controls performed to ensure the verification of compliance with feed and 
food law, animal health and animal welfare rules (Law No. 50 of 28.03.2013, on official 
controls to verify compliance with law on feed and food and animal health and welfare norms). 
• Council Directive 92/118/EEC of 17 December 1992 laying down animal health and public 
health requirements governing trade in and imports into the Community of products not 
subject to the said requirements laid down in specific Community rules referred to in Annex A (I) to Directive 89/662/EEC and, as regards pathogens, to Directive 90/425/EEC (Order 
No. 172 of 14.07. 2006 regarding the approval of sanitary-veterinary norms on sanitary-
veterinary conditions for the production, trade with EU Member States and imports from other countries of some food products and edible unprocessed  food for pets). 
• Council Directive 2002/99/EC of 16 December 2002 laying down the animal health rules 
governing the production, processing, distribution and introduction of products of animal origin for human consumption (Government’s Decision No. 1408 of 10.12.2008, on approval 
of certain sanitary-veterinary norms). 
• Commission Regulation (EC) No 2074/2005 of 5 December 2005 laying down implementing 
measures for certain products under Regulation (EC) No 853/2004 of the European Parliament and of the Council and for the organi sation of official controls under Regulation 
(EC) No 854/2004 of Parliament and of the Council, derogating from Regulation (EC) 
No852/2004 of the European the European Par liament and of the Council and Regulation 
(EC) No 882/2004 of the European Parliament  and of the Council and amending Regulations 
(EC) No 853/2004 and (EC) No 854/2004 (Gover nment Decision No. 412 of 25.05.2010, On 
approval of the general rules for food hygiene). 
• Commission Decision 2006/677/EC of 29 September 2006 setting out the guidelines laying 
down criteria for the conduct of audits under  Regulation (EC) No 882/2004 of the European 
Parliament and of the Council on official controls to verify compliance with feed and food law, animal health and animal welfare rules (partially harmonized, Law No. 50 of 28.03.2013, on official controls to verify comp liance with law on feed and food and animal 
health and welfare norms).  
• Commission Regulation (EC) No. 152/2009 of 27 January 2009 laying down the methods of 
sampling and analysis for the official contro l of feed (Government’s Decision No. 686 of 
09.13.2012, on approval of methods of analysis for control of feed).  
• Commission Regulation (EC) No. 401/2006 of 23 February 2006 laying down the methods of 
sampling and analysis for the official control of the levels of mycotoxins in foodstuffs 
(Government’s Decision No. 208 of 03.20.2013, on approval of sampling methods for the 
determination of the levels of mycotoxins in food). 
• Commission Directive 98/68/EC of 10 September 1998 laying down the standard document 
referred to in Article 9(1) of Council Directive 95/53/EC and certain rules for checks at the 
introduction into the Community of feeding stuffs from third countries (Government’s 
Decision. No. 967 of 18.10.10 (MO of 10/22/10 , nr.206-209, art. 1077), (Government’s 
Decision No. 967 of 18.10.2010, on measures of sanitary-veterinary certification of imports 
of products intended for animal feed).  WT/TPR/M/323/Add.1 
 
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  • Regulation (EC) No 470/2009 of the European Parliament and of the Council of 6 May 2009 
laying down Community procedures for the establishment of residue limits of pharmacologically active substances in foodstuffs of animal origin, repealing Council Regulation (EEC) No 2377/90 and amending  Directive 2001/82/EC of the European 
Parliament and of the Council and Regulation (EC) No. 726/2004 of the European Parliament 
and of the Council (Government’s Decision No. 195 of 24.03.2011 approving Regulation on 
measures and procedures for the establishment of maximum residue limits of 
pharmacologically active substances in foodstuffs of animal origin). 
Question 3 : Please clarify whether the Republic of Moldova still applies standards for products 
that are not yet harmonized with the consistent EU  documents. If yes, could you please provide a 
list of such standards? 
ANSWER: At the moment, during its transition, the Republic of Moldova applies for products EU 
standards, including the harmonized ones, the standards of the CIS member-states, as well as the standards of the former USSR. 
3.63 p 39 
 Currently, there are 11 control posts at the border and 7 internal for SPS checks. For 
phytosanitary checks there is no cost, while for veterinary controls the importer has to pay MDL 
400. With a loan from the World Bank, the Republic  of Moldova is in the process of upgrading its 
SPS-related infrastructure at key points of entry to equip them with laboratories and fridges to carry out tests of imports. The World Bank plans to  support the creation of a risk analysis data 
base and a consolidated risk analysis unit. So far, there is no risk database and records of 
inspections are kept in hard copies. A system of green and red lanes, similar to Customs is planned for SPS controls and to be integrated with ASYCUDA World. There is also a pilot project for 
integration with ASYCUDA World to ensure inte r-agency cooperation on risk management and 
controls with customs.  
Question : Non-accredited laboratories and non-validated methods were found during the test of 
samples of goods of animal origin on veterinary medicines residues. In our view this practice can 
produce unreliable results. Therefore, there is a risk  of imposition of unjustified import restrictions, 
which can affect Russian exporting industries. Due to the lack of laboratorial practice, there is a 
risk of non-tariff barriers impeding on the both imports and exports of agricultural goods. This 
could result in a violation of Moldavian export safety regulations. Therefore, we believe that 
development and enhancement of the SPS control system is required. Which measures are already 
taken by Moldova to upgrade its SPS-related infras tructure? Please elaborate on the plans in order 
to improve the SPS control system?  
ANSWER: Asycuda World Multi Agency Module was launched in April 2015 at the BCP Tudora-
Starokazacie and in May 2015 at the BCP Otaci-Mo gilev-Podolsk. Currently, the Module is still 
being tested at these two BCPs.  
 WT/TPR/M/323/Add.1 
 
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  UNITED STATES 
PART I: QUESTIONS REGARDING THE SECRETARIAT REPORT 
 
SUMMARY 
 Page 6 (paragraph 6): Enhancing privatization is noted as an urgent goal of Moldova.  
• Please elaborate on the sorts of entities that Moldova intends to privatize, e.g., large 
enterprises, agricultural processing firms, SMEs?  
ANSWER: We would like to mention that the list of entities that the Republic of Moldova intends to 
privatize is included in the Government’s Decision No. 945 of August 20, 2007.  
The latest update of the List of State Public Prop erty subjected to privatization, approved by the 
Government’s Decision No. 945 of August 20, 2007, was made by the Government’s Decision No. 764 of September 24, 2013. In addition, a new daft  list of state public property subjected to 
privatization is subjected to public debates now and will be submitted to the Government for 
examination and approval.  
Page 6 (paragraph 8) states that “Trade policy formulation and evaluation are under the overall 
responsibility of the Ministry of Economy (ME) in cooperation with other ministries and trade-
related agencies.” • Please describe Moldova’s trade policy coordination mechanism and how it operates to make 
and execute trade policy.  
ANSWER:  Conjointly with the Government, the Ministry of Economy elaborates and promotes all 
the documents related to the trade policy of the state. In this context, under the Government 
approval and after consulting the draft laws with the relevant institutions, private sector 
organizations and civil society, the Ministry of Ec onomy, as the main institution responsible for the 
trade policy of the state, presents the relevant draft laws at the final stage of the approval for the vote to the Parliament. The execution also lies under  the responsibility of the Ministry of Economy.  
Any document related to the trade policy formulation and negotiations is available on the official 
site: http://lex.justice.md/.  
Institutions in charge of the legal review  of draft domestic laws and regulations: 
Ministry of Justice: http://www.justice.gov.md/ ;  
Ministry of Foreign Affairs and European Integration: http://www.mfa.gov.md/ ; 
Ministry of Economy – http://www.mec.gov.md/ ; 
Ministry of Finance – http://www.mf.gov.md/ ; 
And other relevant entities, in dependence of the domain of the regulation/law. 
Documents which describe the law making process in the country and the entities in charge of the 
legal review of draft domestic laws and regulations before passing Parliament.  
1. Law No. 317-XV of 18.07.2003, on the normative acts of the Government and other authorities 
of Central and local public administration; 
2. Law No. 780-XV of 27.12.2001, On legislative acts; 
3. Government’s Decision No. 33 of 11.01.2007, on rules of elaboration and requirements 
towards policy documents; 
4. Law No. 98 of 04.05.2012, on specialized central public administration; 
5. Government’s Decision No. 1310 of 14.11.2006, a pproving the structure-type of regulation on 
organisation and functioning of the spec ialized central public administration.  
Documents setting the role of Parliament in trade policy formulation and negotiations. 
1. Law No. 1031-XIV of 08.06.2000, On the foreign trade activity; 
2. Law No. 1149-XIV of 20.07.2000, regarding the Cu stoms Code of the Republic of Moldova; 
3. Government’s Decision No. 33 of 11.01.2007, on rules of elaboration and requirements 
towards policy documents; 
4. Law No. 218-XV of 01.06.2001, on Republic of Moldova's accession to the World Trade 
Organization; WT/TPR/M/323/Add.1 
 
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  5. Law No. 1035 of 16.10.2000, regarding the fulf ilment of the commitments assumed by the 
Republic of Moldova to the World Trade Organization; 
6. Law No. 595-XIV of 24.09.1999, Concerning the international treaties of the Republic of 
Moldova; 
7. Government’s Decision No. 442 of 17.07.2015, on approval of the Regulation relating to the 
signing of international treaties; 
8. Law No. 780-XV of 27.12.2001, on legislative acts; 
9. Law No. 64-XII of 31.05.1990, related to the Government of Republic of Moldova. 
Page 9 (paragraph 32) describes how banks continue to dominate Moldova’s financial system, 
accounting holding 93.7% of total assets, 93.5% of all loans and 99.3% of all deposits in 2014. In 
order to protect the integrity of the banking sy stem, the National Bank of Moldova has granted 
lines of credit, on favourable terms, to some banks; its most recent intervention was in the fourth 
quarter of 2014 when it also placed three banks under special administration and suspended their 
credit activities.  • What is the current status of the three Moldovan banks under special administration?  
• To what extent were their credit activities suspended, and when is activity expected to 
resume? 
ANSWER: On October 16, 2015, the Executive Board of the National Bank withdrew the licenses 
for financial activity of Banca de Economii S.A., BC ,,BANCA SOCIAL Ă” S.A. and B.C. ,,UNIBANK” 
S.A., because of their insolvency and other violations of the legislation in force, and initiated the process of forced liquidation of these banks in accordance with the Law on Financial Institutions. According to the Law on Financial Institutions, as of the entry into force of the decision to 
withdraw the license, the banks are required not to engage in any financial activity, including the 
credit activity. 
1. ECONOMIC ENVIRONMENT 
 
1.1 Major Features  
Page 11 (paragraph 1.5): What is Moldova’s curre nt exchange rate against the US$ and the Euro?  
ANSWER: As stated in the National Bank’s medium-term monetary policy strategy, the Moldova’s 
current exchange rate regime is a “managed float”  and a predefined level of the exchange rate is 
not being targeted. This exchange rate regime is being adopted within an inflation targeting 
framework and is considered to be adequate given Moldova’s susceptibility, as a small open 
economy, to external and domestic shocks. 
Accordingly, the National Bank conducts foreig n exchange interventions, as a complementary 
monetary policy tool, to sustain the effects of open market operations to the extent required to 
achieve the inflation target, but without resist ing the fundamental trend of the Moldovan Leu 
exchange rate. Nevertheless, the National Bank re serves the right to intervene on the domestic 
foreign exchange market to smooth out excessive fluc tuations of the official exchange rate, to stop 
any speculative operations and to build up the international foreign exchange reserves without negatively impacting the achievement of the inflation target. 
The benchmark currency for the Moldovan Leu is the US dollar, given its importance in foreign 
exchange flows and the exchange rate is determ ined daily based on demand and supply of US 
dollars on the domestic foreign exchange market. The exchange rate of the Moldovan Leu against 
other currencies is determined based on the cr oss rate between the USD and the respective 
currency on the international markets. 
With respect to the exchange rate dynamics, in  2014 the Moldovan Leu has depreciated by 19.6% 
against the US dollar and by 5.7% against the Euro up to 15.6152 MDL per USD and 18.9966 MDL 
per EUR, respectively. The downward trend of the na tional currency against the US dollar and euro 
has continued in the current year and by the end of October 2015 the Moldovan Leu has 
additionally lost 28.3% and 15.6% against these two currencies up to 20.0339 MDL per USD and 21.9603 MDL per EUR respectively. 
The depreciation pressures on the Moldovan Leu ha ve been fueled by both domestic and external 
developments, including an export embargo impose d by Russian Federation on Moldovan products 
and lower remittances. Respectively, in 2014-2015 there was a fall in incoming flows, which has WT/TPR/M/323/Add.1 
 
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  been exacerbated by the domestic banking sector crisis, increasing dollarization ratio and political 
instability specific to post-parliamentary elections. 
1.3 Trade and Investment Performance 
1.3.1 Trade in goods and services 
 
Page 14 (paragraphs 1.14 and 1.16) and Chart 1.1: Has Moldova’s product composition of its 
imports and exports changed markedly from 2001? 
  
  WT/TPR/M/323/Add.1
 
- 23 - ANSWER:  
EXPORTS BY SECTIONS, ACCORDING TO THE NOMENCLATURE OF GOODS (NG) 
(US$ billion) 
 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 
Export - total 565.5 643.8 789.9 985.2 1,090.9 1,050.4 1,340.1 1,591.1 1,283.0 1,541.5 2,216.8 2,161.9 2,428.3 2,339.5 
01 Live animals and products 18.3 15.3 28.6 20.2 17.2 16.2 13.6 10.1 9.1 27.0 38.0 37.8 37.2 59.7 
02 Vegetable products 78.8 106.1 91.2 120.0 131.8 136.5 162.7 210.1 263.9 340.7 471.0 360.5 507.0 549.7 
03 Fats and oils 8.2 16.8 28.9 41.2 37.8 34.9 55.3 62.9 50.7 47.6 77.5 89.7 44.0 77.5 
04 Prepared food, beverages and tobacco 251.6 267.4 314.3 345.9 396.0 275.7 274.6 311.9 281.0 316.9 330.6 390.9 427.3 378.4 
05 Mineral products 6.4 11.4 20.6 30.4 20.1 27.3 57.0 63.5 14.4 17.1 37.1 33.1 41.7 27.9 
06 Chemicals and products thereof 8.1 7.2 9.0 9.3 15.6 20.8 27.1 33.0 57.6 74.1 111.6 145.8 167.9 168.3 
07 Plastics, rubber, and articles thereof 3.1 2.6 5.3 8.3 11.8 16.0 33.1 38.2 26.8 26.2 62.7 60.5 62.7 45.6 
08 Raw hides and skins, leather, and its products 11.5 23.4 44.8 77.9 71.6 23.6 29.1 33.3 23.9 24.7 34.7 31.0 33.4 34.7 
09 Wood and articles of wood 1.5 1.0 1.7 3.6 2.3 4.0 4.3 5.4 3.9 5.7 10.2 12.2 9.5 8.3 
10 Pulp of wood, paper and paperboard 3.6 5.3 10.6 8.0 11.8 18.4 27.3 16.7 7.8 11.8 24.6 19.8 25.6 19.6 
11 Textiles and textile articles 104.1 107.5 129.7 170.1 193.9 227.9 276.2 313.9 257.8 267.7 354.7 343.4 330.5 330.1 
12 Footwear, headgear, etc. 5.3 9.6 15.1 22.0 26.6 31.0 40.3 48.0 26.4 30.6 49.9 40.0 36.1 34.0 
13 Articles of stone, plaster, cement 13.7 14.1 15.8 17.2 18.7 32.6 51.3 52.5 25.8 35.3 46.2 37.8 58.1 58.7 
14 Precious stones and metals, pearls 0.1 0.2 0.2 0.2 0.1 0.2 0.0 0.2 0.4 0.3 4.4 2.3 1.1 1.4 
15 Base metals and articles thereof 3.0 7.0 19.4 29.9 48.7 75.8 110.5 119.1 29.4 58.3 112.9 73.3 123.3 55.1 
16 Machinery, electrical equipment, etc. 30.5 24.8 30.3 39.3 46.1 53.1 90.7 167.5 139.3 171.6 283.3 278.6 315.9 309.4 
17 Transport equipment 7.5 13.4 11.2 22.8 15.3 16.3 18.7 16.1 15.0 21.2 46.6 63.9 46.8 27.8 
18 Precision equipment 6.2 6.7 7.2 8.2 8.1 12.5 23.4 28.9 11.0 12.9 23.0 33.2 41.2 36.0 
20 Miscellaneous manufactured articles 4.0 4.3 5.9 10.9 17.4 27.6 44.8 59.8 38.8 51.7 97.8 108.2 118.9 117.1 
21 Works of art, etc. 0.0 0.0 0.0 0.0 0.0 0.1 - 0.1 0.0 0.0 0.0 0.0 0.0 0.0 
Sources: Customs and National Bureau of Statistics.  
IMPORTS BY SECTIONS, ACCORDING TO THE NOMENCLATURE OF GOODS (NG) 
(US$ billion) 
 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 
IMPORT – total  892.2 1,038.0 1,402.3 1,768.5 2,292.3 2,693. 2 3,689.5 4,898.8 3,278.3 3,855.3 5,191.3 5,212.9 5,492.4 5,317.0 
01 Live animals and products 23.8 23.9 24.8 38.8 57.2 51.9 61.7 100.3 75.3 94.7 107.8 130.3 146.8 158.8 
02 Vegetable products 37.6 43.5 82.3 73.5 65.0 72.8 150.4 166.8 132.6 168.9 199.1 204.6 203.5 195.4 
03 Fats and oils 3.0 7.1 5.5 7.4 9.9 11.1 16.0 20.9 16.1 19.3 25.1 28.4 30.0 25.6 
04 Prepared food, beverages and 
tobacco 78.9 72.6 92.0 105.3 147.5 179.8 237.9 343.4 289.7 308.6 355.8 380.0 403.5 339.6 
05 Mineral products 242.6 237.1 297.7 384.9 504.7 663.7 788.4 1126.0 718.2 807.1 1179.6 1217.6 1256.7 1153.8 
06 Chemicals and products thereof 80.4 115.8 132.7 161.8 232.3 223.3 317.7 416.8 365.9 404.3 529.7 558.2 627.0 624.4 
07 Plastics, rubber, and articles 
thereof 34.2 49.3 69.3 101.1 139.7 168.5 224.9 276.8 186.5 227.7 304.1 304.2 320.6 328.4 
08 Raw hides and skins, leather, and 
its products 3.8 16.2 36.3 72.5 69.6 22.8 27.5 33.2 26.3 27.4 35.7 30.6 34.2 42.9 
09 Wood and articles of wood 13.4 16.1 23.0 34.0 43.6 52.1 67.7 89.3 64.8 73.0 88.8 92.6 97.0 102.5 
10 Pulp of wood, paper and 
paperboard 34.5 44.4 56.4 63.4 82.3 75.5 101.4 117.2 87.9 102.7 132.5 121.1 125.4 121.0 
11 Textiles and textile articles 92.1 100.6 118.4 150.6 179.9 206.5 249.6 285.4 244.4 282.3 383.5 384.8 386.9 357.0 
12 Footwear, headgear, etc. 4.5 4.5 7.0 10.0 12.2 17.9 21.4 30.9 22.2 22.2 35.5 33.6 34.0 30.2 
13 Articles of stone, plaster, cement 32.0 30.7 52.7 64.4 67.3 79.9 102.2 138.7 86.6 98.7 129.8 129.2 140.6 134.3  
  WT/TPR/M/323/Add.1
 
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14 Precious stones and metals, pearls 1.2 2.1 2.9 3.7 6.4 6.4 8.8 10.9 8.0 6.1 10.3 8.8 9.2 9.0 
15 Base metals and articles thereof 37.7 49.0 70.3 111.9 160.6 219.4 336.7 372.5 183.8 242.4 312.5 284.4 322.1 345.9 
16 Machinery, electrical equipment, 
etc. 123.9 146.3 214.0 239.7 313.0 379.8 544.6 765.5 467.5 576.5 827.9 786.4 839.7 801.2 
17 Transport equipment 21.8 50.7 75.2 96.0 130.3 162.4 286.1 390.6 157.3 237.9 332.6 304.8 300.4 329.7 
18 Precision equipment 15.5 14.9 22.7 20.9 27.0 33.5 51.8 74.6 56.1 53.9 74.0 80.2 82.9 95.6 
20 Miscellaneous manufactured 
articles 11.5 13.2 19.2 28.7 43.8 65.7 94.8 138.9 89.0 101.5 127.0 133.1 131.5 121.5 
21 Works of art, etc. 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.0 0.1 0.1 0.4 0.0 
Sources: Customs and National Bureau of Statistics.  
 WT/TPR/M/323/Add.1 
 
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  2. TRADE AND INVESTMENT REGIME 
 
2.3 Policy Objectives  
Page 19 (paragraph 2.11) identifies Moldova’s “long-term strategic objectives” under the National 
Development Strategy "Moldova 2020", including “reducing energy consumption by increasing 
energy efficiency and using renewable energy sources.” 
• What measures will be the focus of Moldova’s efforts to increase energy efficiency: e.g., fuel 
use, other mechanical goods, building insulation/utilization? 
ANSWER: Main measures to be the focus of the Repub lic of Moldova’s efforts to increase energy 
efficiency in the next years will be: 
• Thermal rehabilitation of the buildings 
• Modernization of existing electricity and heat generation units 
• Rehabilitation/modernization of public street lighting systems 
• Implementation of CHP technologies 
• Implementation of EE measures in industrial sector 
• Implementation of EE measures in water supply and canalization systems 
• Use of energy efficient equipment 
The investment potential of energy efficiency meas ures in the Republic of Moldova is estimated at 
app. EUR 8 billion. 
2.4 Trade Agreements and Arrangements 
2.4.2 Regional Trade Agreements 
Page 21 (paragraph 2.16): Moldova has notified on ly 7 of its 14 regional trade agreements (RTAs). 
When does it plan to notify the remaining 7?  
ANSWER: The remaining regional trade agreements will be notified in the nearest future. 
2.5 Investment Regime 
2.5.1 Starting a business 
 
Page 24 (paragraph 2.3.4): We take note of the statement in paragraph 2.34 of the Secretariat’s 
report that “[u]nder Moldovan legislation, there is  no concept of a registered commercial branch of 
a foreign entity.” 
• Paragraph 4.40, in relation to the banking sector in Moldova, the Secretariat’s report states 
that “[f]oreign banks may enter the Moldovan market by establishing either a branch  or a 
subsidiary; no foreign equity caps apply.” The paragraph goes on to state that “[f]oreign payment 
services institutions may conduct business through a branch office in the Republic of Moldova.”  
• Paragraph 451 states that “legal persons incorporated and authorized to carry out 
investment activities in a EU jurisdiction may obtain the status of "accepted persons", enabling 
them to carry out the same activities through branches  in the Republic of Moldova without the 
need to obtain a licence from the NCFM.  
ANSWER: Foreign financial service providers may establish an insurance company based in the 
Republic of Moldova only as a joint stock company legally constituted and registered, or may 
perform insurance activities through subsidiaries with registered office in RM, as provided in the 
Law on insurance. They are to meet the requirem ents for the following activity and to obtain 
appropriate license and/or authorization issued by NCFM. 
 
For prudential reasons, the manager of the insurance company or the subsidiary rendering financial services established by foreign entity must reside in the Republic of Moldova in 
accordance with the legislation. Only a legal entity registered and authorized under the legislation 
of RM may intermediate insurance services. 
• How are these statements, that banking firms may operate in the legal form of a branch, 
consistent with the statement in paragraph 2.3.4 that there is no concept of a registered 
commercial branch under Moldovan legislation? WT/TPR/M/323/Add.1 
 
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  ANSWER: Peculiarities of entrepreneurial activity performed by foreign legal entities and 
individuals are regulated by the legislation on entr epreneurship and enterprises, and the legislation 
on foreign investments (Law on entrepreneurship and enterprises No. 845-XII of 3 January 1992, Law on investments in entrepreneurial activity No. 81-XV of 18 March 2004). According to this 
legal framework, foreign enterprises can perform economic activity in the Republic of Moldova 
through subsidiaries.  
According to the provisions of Article 21 of the Law on entrepreneurship and enterprises, 
subsidiaries of foreign enterprises may be established as legal entities and shall carry out their activities in compliance with the legislation of the Republic of Moldova and the regulations adopted by the founding enterprise. 
 
Correspondingly, non-resident enterprises, including foreign banks, are entitled to establish subsidiaries in the Republic of Moldova with commercial and economic purposes, provided that 
they have obtained the status of enterprise (leg al entity) with foreign investments. Respectively, 
the procedure of registration of an enterprise with foreign investments is similar to the procedure of registration of a domestic enterprise, which shall be performed in compliance with the legislation 
in force of the Republic of Moldova (Articles 18, 19 of the Law on investments in entrepreneurial 
activity).  In this regard, it should be mentioned that the general legal framework of the Republic of Moldova 
does not cover the concept of foreign companies’ branch. 
 However, the Law on financial institutions No. 550-XIII of 21 July 1995 (which is one of the special 
laws governing the banking sector) does contain pr ovisions for both subsidiaries and branches of 
foreign banks. 
Moldova’s schedule of specific commitments on services WT/ACC/MOL/37/Add.2 (23 February 
2001), states that foreign banks can only perform financial services in the territory of Moldova 
through the legal form of a branch office or subsidiary subject to licensing requirements. Thus, Moldova’s schedule indicates that a branch is one of two permitted legal forms for foreign banks.  
• Given the statement in paragraph 2.34 of the Secretariat’s report that Moldova has no 
concept of a registered commercial branch of a foreign entity, can Moldova confirm that firms in 
the financial services industry are permitted to operate as branches?  
ANSWER: Pursuant to Article 12 paragraph (4) of the Law on Financial Institutions No. 550-XIII of 
21 July 1995, no foreign bank may conduct directly fi nancial activities in the Republic of Moldova, 
unless the activity is performed through a branch or  subsidiary for which a license has been issued 
by the National Bank of Moldova. 
 
In this regard, the Law on financial institutions envisages the licensing requirements for the branches and subsidiaries of foreign banks in order to allow foreign banks to operate on the local market (article 7 paragraph (6)). 
 
The Law on payment services and electronic money No. 114 of 18 May 2012 as well establishes the licensing requirements for the branches of paym ent institution with the head office abroad in 
order to allow foreign payment institution to operate on the local market (article 17).  
 
• Moldova’s commitments for establishment (Mode 3) in its schedule of specific 
commitments on services do not include any limitation on the legal form of a branch 
office, either in the horizontal or the sector-specific sections. RM’s comment: Specific 
commitments include market access limitations in Banking and financial services sector, the limitations are relate d to specific requirements for the type 
of legal entity established in Moldova. Thus, foreign banks can perform financial 
activity in RM only through a branch  or subsidiary, subject to licencing 
requirements by the National Bank of Moldova.  
• Moreover, Moldova’s commitments for the movement of natural persons (Mode 4), which 
are scheduled horizontally, and thus apply to all sectors, extends to intra-corporate transferees, “who are employees of firms that provide services within Moldova through a 
branch, subsidiary, or affiliate established in Moldova….”  WT/TPR/M/323/Add.1 
 
- 27 - 
 
  • Are there any service sectors in which a branch is not a permitted legal form in Moldova?  
ANSWER: The RM’s concessions concerning the supply of services through a branch are in 
conformity with the Schedule CLI (WT/Let/655). 
• Are there any branches of foreign banks operating in Moldova? 
ANSWER: Currently, in the Republic of Moldova there are some foreign banks which carry out 
financial activities under Article 26 of the Law on Financial Institutions through subsidiaries (with legal personality), and for which the National Bank of Moldova has issued licenses. 
 
However, no foreign bank has requested till now to operate in the Republic of Moldova through a branch. 
• Will Moldova confirm that its Services Schedule established an obligation to permit 
branching in all sectors with commitments for commercial establishment, and if not, why 
not?  
ANSWER: The Republic of Moldova’s Schedule of Commitments includes limitations on the legal 
form of commercial presence in some sectors – specific sections as banking and financial services 
and it permits branching with some exceptions. 
3. TRADE POLICIES AND PRACTICES BY MEASURE 
 
3.1 Measures Directly Affecting Imports 3.1.1 Customs procedures and requirements  
Page 27 (paragraph 3.7) states that “fees for customs processing are charged as follows: for 
goods up to the equivalent of €100 there are no fees; for goods valued between €101 and €1000 
the fee is €4; and for goods above €1000 th e fee is 0.4% of the customs value.  
• Is there a maximum amount established for Moldova import customs processing fee? If not, 
when will one be established? 
ANSWER: The fees for customs processing are charged as follows: for goods up to the equivalent 
of €100 there are no fees; for goods valued be tween €101 and €1000 the fee is €4; and for goods 
above €1000 the fee is 0.4% of the customs value, but not more than €1800.  
3.1.3 Rules of origin 
Page 27 (paragraph 3.13) states that “to benefit from preferential duties, certificates of origin 
need to be provided, issued by authorized institutions in the exporting country.” • What Moldovan agency or entity issues certificates of origin for Moldovan exports to its 
preferential trading partners?  
ANSWER: The Customs of the Republic of Moldova issues certificates of origin for Moldovan 
exports to its preferential trading partners. 
• If there is a charge for this service, what is it?  
ANSWER: The charge for this service is 6 Euros (Law No. 1380-XIII of November 20, 1997, on 
Customs Tariff). 
3.1.4 Tariffs  
3.1.4.1 MFN applied tariff 
 
Page 28 (paragraph 3.14) states that “customs duties accounted for 67.8% of total income tax on 
average per year during 2009-14, followed by VAT (20.5%), and excise duties (2.9%).” 
• Please clarify if this means that all other sources of government revenue constitute only 
9.3% of the total?  WT/TPR/M/323/Add.1 
 
- 28 - 
 
  ANSWER: All other sources of Government revenue constitute 31,6% on average (including 
income taxes, VAT and excises on domestical ly produced products, other non-tax revenue, 
grants).  
• If not, please indicate (in similarly broad term s) all of the sources of government revenue.  
ANSWER: Please see the above comments. 
Page 28 (paragraph 3.16) states that Moldova’s simple average MFN applied tariff increased from 
4.9% in 2001 to 5.3% in 2009, and increased again to 6.3% in 2015. In addition, the simple 
average rate of dutiable lines only also increa sed from 2009 to 2015. A central principle of the 
WTO is liberalizing trade, but Moldova’s applied tariffs appear to be moving in the other direction.  • Can Moldova please explain why its applied rates are increasing, and whether they plan to 
reverse that trend?  
ANSWER: Since 2001, when the Republic of Moldova became a WTO member, our country has 
signed different FTAs which led to the liberalization of over 75% of RM’s imports. Thus, to compensate the losses of budget revenues from customs duties, the MFN applied tariff was 
increased, even up to the bound, for almost all tariff positions. For example, the last increase was 
made in the context of signing the Free Trade Agreement with the European Union (DCFTA) and 
the FTA with Turkey in 2014.  
Page 28, Table 3.1 Tariff stru cture, 2001, 2009 and 2015  states that of Moldova’s 9,448 total 
tariff lines, 5,674 of them receive duty free treatment. However, of the same 9,448 tariff lines, 
6,841 are bound  to receive duty free treatment. That would seem to indicate that 1,167 tariff 
lines in Moldova’s 2015 applied tariff schedule are bound at 0.0% but are not receiving that 
treatment. 
• Please clarify the situation and provide lists of  Moldova’s applied and bound tariff lines with 
0.0% rates of duty.  
ANSWER: Table 3.1 Tariff structure, 2001, 2009 and 2015 (page 28) states that of Moldova’s 
9,448 total tariff lines, 3,348  (not 6,841) of them receive duty free treatment, and 6,841 receive 
Ad valorem rates. In the same time, 2,213 tariff lines are bound to receive duty free treatment.  
Page 28 (paragraph 3.16) states that “Moldova's  simple average MFN applied tariff increased from 
4.9% in 2001 (when it joined the WTO) to 5.3% in 2009 and 6.3% in 2015.” 
• Please explain how and why the average MFN tariff increased 28% from 2001 to 2015 (4.9% 
to 6.3%)?  
ANSWER: In 2014, the Republic of Moldova signed th e Free Trade Agreement with the European 
Union (DCFTA) and a FTA with Turkey, (two of the main trading partners) which means that about 75% of Moldova’s imports are made in the free trade regime. Following this, a new law was 
adopted – the Law No. 172 of 25.07.2014 regarding the Combined Nomenclature of Goods, where 
the MFN applied tariff was raised up to Bound for a range of tariff headings, to compensate losses to the budget revenues from customs duties. 
• Does this reflect an actual increase in the applied tariff rate or is there another explanation?  
ANSWER: The decrease in budget revenues from customs duties is the main cause leading to the 
increase in the Republic of Moldova’s simple average MFN applied tariff. Also, a number of changes to the Law No. 172 of 25.07.2014 regarding the Combined Nomenclature of Goods will be made in 
the near future to bring Moldova’s MFN applied tariff in compliance with the WTO rules.  
Page 29, Chart 3.1 Distribution of MFN applied tariff rates, 2001, 2009 and 2015:  
• Why is the number of Moldova’s MFN tariff ra tes above 5% increasing (and its number of 
duty free lines decreasing) after its accession to the WTO? 
ANSWER: All these changes in the Republic of Moldova’s MFN tariff rates are due to changes in 
the national trade policy direction since its accessi on to the WTO. Our country follows the principle 
of trade liberalization, which can be demonstrated  by the number of FTA’s signed in the recent 
years. Also, Moldova seeks to bring all its trade policies in accordance with the WTO rules. WT/TPR/M/323/Add.1 
 
- 29 - 
 
  3.1.4.2 Bound tariff 
 Page 30 (paragraph 3.21): According the report by the Secretariat, for some 27 lines, MFN applied 
tariff rates exceed bound rates when using AVEs based on 2013 import data (Table 3.2). These 
lines are applied as compound tariffs. For some lines, it appears that the applied rate exceeds the 
bound rate by as much as 22 percent.  • What does the Republic of Moldova plan to do to ensure that its applied tariffs rates are 
within its WTO commitments?  
ANSWER: The Republic of Moldova realizes the need to decrease tariffs exceeding the Bound rate, 
thus these changes are expected to be executed in  the process of adopting the fiscal-budget policy 
for the next year. 
• Would the Republic of Moldova consider  removing the specific component? 
ANSWER: The Republic of Moldova is not intending to remove the specific component. 
Related to the concern with the 27 tariff lines for which applied rates exceeded Moldova’s bound 
rates, the United States is concerned that Moldova’s tariff schedule does not appear to accurately 
reflect its WTO tariff commitments. Certain tariff lines in Moldova’s Consolidated Tariff Schedule 
establish mixed rates, with a tariff ceiling (e.g., x% + y Euro/t, max w%). Moldova’s applied tariff 
schedule, however, reflect only the first part of th e rate, omitting the ceiling (e.g., x% + y Euro/t).  
• What steps is Moldova taking to rectify this discrepancy, which invites application of duties 
in excess of its bound ceiling rate?  
ANSWER: The Republic of Moldova realizes the need to decrease tariffs exceeding the Bound rate, 
thus these changes are expected to be executed in  the process of adopting the fiscal-budget policy 
for the next year. 
• We urge Moldova to rapidly move to amend it s customs legislation to provide applied tariff 
rates consistent with its WTO bindings, e.g., to include the ceiling amount on the affected tariff 
lines.  
3.1.4.4 Other duties and charges  
 
Page 31-32 (Paragraph 3.26) describes the legal ba sis and application of Moldova’s VAT system. In 
addition to a standard rate of 20%, VAT is applie d at a rate of 8% on certain agricultural, food, 
pharmaceutical, and energy products. VAT also is zero rated for, inter alia, exports, utilities, 
diplomatic missions, and duty free shops. 
• Is the VAT applied equally to imports and to domestic goods in all cases?  
ANSWER: The standard VAT rate - 20%.  
The standard VAT rate is generally applied to local supplies of goods and services as well as to 
goods subject to import. VAT on imported goods is payable to the customs service based on the amount of the customs value and import customs duties, excluding VAT. 
The reduced VAT rates: 
• 8% for supply/import of natural and liquefied petroleum gas (LPG); 
• 8% for supplies/imports of pharmaceutical drugs; 
• 8% for supplies/imports sugar produced from sugar beet; 
• 8% imports or/and supplies throughout the country of cultivation and horticulture products 
(output) in natural form and livestock products in natural form, live weight; 
• 8% for supplies of bread and bakery products, milk and dairy products in the Republic of 
Moldova.  
The zero VAT rate: 
• for export of goods and services, international transportation, import and/or supplied of 
goods for the performance of investment an d technical assistance projects, goods and 
services imported to/exported from FEZs, goods and services for the use of diplomatic missions in Moldova, goods delivered in duty-free shops; utilities (electricity, thermal energy and hot water). WT/TPR/M/323/Add.1 
 
- 30 - 
 
  Page 33 (Paragraph 3.28) states that “Moldova applies an import surcharge  on certain motor 
vehicles; the surcharge rate ranges between 10%  and 50% of the relevant excise tax amount, 
calculated as a function of engine capacity and age (section 4.2).” • Is this surcharge reflected in Moldova’s sched uled commitments? How does it interact with 
Moldova’s bound tariff rates on vehicle imports? 
ANSWER: Actually, this is not a surcharge, but it represents a customs duty. According to the Law 
No.172 of 25.07.2014 regarding Combined Nomenclature of Goods, the import duty for goods 
under subposition 8707 10 makes 50% of excise tax amount calculated for the same type vehicles 
(but not less than conventional level calc ulated of 1800 cm2 diesel motor capacity). 
 For the vehicle motors classified under position 8703 the import duty makes 10% of the excise tax 
amount for the motor vehicles with the same motor capacity and with the product life higher than 
5 years. For other vehicle type motors the import duty makes 15% of the customs value, except motors 
classified under subpositions 8407 90 and 8408 90 meant for tractors guided by a driver walking 
along, under position 8432 whose customs duty makes 0%. 
• Is a surcharge applied to domestically produced or assembled vehicles? If so, please explain 
how it is applied.  
ANSWER: According to the art.117 of Customs Code No.1149-XIX of 20.07.2000, the import 
duties are applied only for imported goods. 
• If not, please explain the basis for the import  surcharge, in light of Moldova’s national 
treatment commitments. 
ANSWER: Please see the above comments.  
3.1.5 Import prohibitions, restrictions, licensing, and quotas 
 
Page 34, (paragraph 3.33) states that “Moldova applies MFN import TRQs on sugar, 10% in-quota 
and 75% out of quota rates, to 28 HS lines as follows: (i) 1,000 tonnes on HS 1701; (ii) 5,500 
tonnes on HS 170191 and HS 170199; and (iii) 1,840 tonnes on HS 1702.” 
• Are the “in quota” TRQ rates and quantities bound?  
ANSWER: The “in quota” TRQ rates and quantities are bound.  
• What is the “out of quota” binding on the 28 HS lines? 
ANSWER: The “out of quota” binding is 75% for 1701-1702 HS lines, with exception of 15% for 
170220 HS line.  
3.1.7 Standards and other technical requirements 
 
Page 37 (paragraphs 3.49 and 3.50) state that Mo ldova is amending its the Law on Accreditation 
and Conformity Assessment Activities No. 235 of 1 December 2011 to eliminate the obligation for 
imported products to have “met the appropriate conformity assessment procedure set up by a 
Moldovan accredited body.” • Does this mean that Moldova does not accept conformity assessments done by other 
Members of the International Laboratory Accred itation Cooperation (ILAC)? If not, why not? 
ANSWER: The amendments to the Law No. 235 of 01.12. 2011, on accreditation and conformity 
assessment activity provide that the obligation to  meet the conformity assessment procedures is 
only the responsibility of manufacturer. If th e conformity assessment procedures involve the 
conformity assessment bodies then these bodies  must be accredited in accordance with 
international standards and notified. Notified conf ormity assessment bodies in EU are recognized 
by International Laboratory Accreditation Cooperation (ILAC).  WT/TPR/M/323/Add.1 
 
- 31 - 
 
  • What legal framework exists in Moldova “to accept test results, certificates or marks of 
conformity issued by relevant bodies in the territo ries of other” WTO Members, as provided for in 
Article 5.2 of the Agreement on Technical Barriers to Trade?  
ANSWER: The Law No. 235 of 01.12.2011, on accreditation and conformity assessment activity 
provides that: 
• there are recognized the certificates of conformity or test reports issued by foreign 
accredited conformity assessment bodies, by the accreditation bodies which are 
signatory to the Multilateral Agreement of  European Cooperation for Accreditation, 
issued for products imported from member states of EU, translated into state language and confirmed by the importer stamp specimen. 
• there are recognized the certificates of conformity and test reports issued by foreign 
conformity assessment bodies, based on bilateral agreements on mutual recognition of 
conformity assessment activities. 
• Under what conditions can foreign accreditation bodies to demonstrate that they can certify 
conformity with Moldova’s technical regulations? Under what conditions can producers self-certify, 
as provided for in Article 5.2?  
ANSWER: Foreign accreditation bodies should activate in the condition of cross-border 
accreditation. Through amendments of Law No. 235 of 01.12.2011, National Center of 
Accreditation will be able to accredit a conformity assessment body: 
• when the State in which is established the conformity assessment body has decided not 
to establish a national accreditation body and has not had recourse to the national 
accreditation body of another State; 
• when the national accreditation bodies do not perform accreditation in respect to the 
conformity assessment activities for which accreditation is sought; 
• when the national accreditation bodies of foreign State in which is established the 
conformity assessment body have not successfu lly undergone peer evaluation in respect 
to the conformity assessment activities for which accreditation is sought.  
• Please elaborate on the proposed amendments to the Law on Accreditation and Conformity 
Assessment Activities that will address these issues. 
ANSWER: Amendments to the Law No. 235 of 01.12.20 11, on accreditation and conformity 
assessment activity is fully approximated wi th Regulation EU No 765/2008 setting out the 
requirements for accreditation and market surveillan ce relating to the marketing of products and is 
in accordance with the rules and principles of WTO. 
3.1.9 Sanitary and Phytosanitary measures 
 
Page 39 (paragraph. 3.61) 
 
The Secretariat’s Report notes that “Physical checks [of imports] are carried out randomly.”  
• Are the “checks” referred to in that sentence checks on live animals (discussed in the 
previous paragraph) or checks on any product subject to sanitary or phytosanitary inspection? 
ANSWER: The “checks” referred to in the sentence are checks on any product subject to sanitary 
or phytosanitary inspection. 
There have been periods when every shipment of imports of meat products from the United States 
have been subject to inspection.  
• How will Moldova ensure that every shipment of  meat products into Moldova isn’t detained 
at the border for inspection? 
ANSWER: At the moment, documents’ control is carried out for every shipment of imports of meat 
products from the United States, while the physical  controls (samplings) are carried out randomly.  WT/TPR/M/323/Add.1 
 
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  3.1.10 Government procurement 
3.1.10.1 Overview  Page 40 (Paragraph 3.71): 
We offer congratulations to Moldova on its progre ss to date in its GPA accession negotiations.  
ANSWER: Thank you! 
3.2 Domestic legal framework for procurement and related reforms 
 
Page 41 (paragraphs 3.72-74) describes the lega l basis for Moldova’s government procurement 
regime.  
• Do Moldova’s public procurement laws also apply to state owned and state controlled 
enterprises? 
ANSWER: State owned and state controlled enterprises do not qualify as contracting authority 
according to Article 12 of the Law on public proc urements no. 96-XVI of 13.04.2007, respectively 
they are not obliged to apply the public procurement legislation.  
3.2.1 Trade-related investment measures (TRIMs) 
 
Page 42 (paragraph 3.78) states that Moldova does not maintain any trade-related investment 
measures (TRIMs). 
• Are there any mandatory export requirements to invest in Moldova’s FEZs? If so, these 
would be TRIMS.  
ANSWER: There are no any mandatory export requirements to invest in the Republic of Moldova’s 
FEZs. 
3.3 Measures Directly Affecting Exports 
3.3.5 Free economic zones and industrial parks 
 Page 43 (Paragraph 3.88) describes the incentives that are available to firms that invest or 
establish in Moldova’s Free Economic Zones, including “(iv) entities established in the FEZ which export goods and services from FEZ to outside the customs territory of the Republic of Moldova or 
deliver the produced goods to other FE Z residents for goods to be exported are entitled to a 
50% exemption of corporate income tax (CIT) payment. ” 
• The exemption from CIT payments is a benefit that appears to be contingent upon whether 
or not these firms export. Please explain how this is not a prohibited subsidy?  
ANSWER:  50% exemption of corporate income tax (CIT) payment is to be applied only to entities 
established in the FEZ which export goods and services from FEZ to outside the customs territory 
of the Republic of Moldova or deliver the produc ed goods to other FEZ residents for goods to be 
exported. 
 
This incentive is applied as for any residents, so  for any types of export goods. That’s why it 
cannot be determined as a subsidy. 
Page 32 (Paragraph 3.26) states that Moldova a pplies VAT at a 0.0% rate for “goods and services 
imported to/exported from Free Economic Zones”. 
• Does this include sales from the FEZs into the rest of Moldova, i.e., does Moldova collect 
VAT, excise, and tariff duties on goods that enter Moldova from the FEZs if these goods (or their 
inputs before processing in the FEZ) were tax and tariff exempted when they were originally 
imported into the FEZ?  
ANSWER: In accordance with the legal framework, all sales from the FEZs into the rest of the 
Republic of Moldova are taxed with VAT, excise, and tariff duties.  
Page 43 (paragraph 3.90): Are there any benchmarks for firms for exportation from the FEZs or 
any limits on the amount that can be sold back into Moldova?  WT/TPR/M/323/Add.1 
 
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  ANSWER: There are no any benchmarks for firms for exportation from the FEZs or any limits on 
the amount that can be sold back into the Republic of Moldova. 
Page 43 (paragraph 3.92)  states that “holders of industrial park titles and its residents can benefit, 
inter alia , of the following incentives: (iv) fiscal facilities in compliance with the Tax Code.” 
• What are the “fiscal facilities?”  
ANSWER:  According to the provisions of article 6, paragraph (9), letter g) of the Tax Code, tax 
facilities are the elements taken into account when estimating the taxable object, to determine the 
amount of the tax or fee, as well as its collection, in the form of: 
• Partial or total exemption of tax or fee; 
• Partial or total exemption of payment of taxes or fees; 
• Reduced rates of taxes or fees; 
• Reducing of the taxable object; 
• Postponement of the deadline for payment of taxes or fees; 
• Scheduling of tax liability. 
According to the article 103, paragraph (1), poin t 30) of the Tax Code, are exempted from VAT the 
construction and installation works of windmills and photovoltaic parks.  
There are no fiscal facilities for the Industrial Parks. VIDMIDI 
• Are industrial park residents given any credit or benefit if they intend to export? 
ANSWER: As Industrial Park residents, entities  do not have any credit or benefit .  
3.4 Measures Affecting Production and Trade 
3.4.1 Incentives 
 Page 44 (paragraph 3.96) states that “enterprises residing in the international port of Giurgiulesti 
are entitled to 75% exemption of corporate tax payment for a period of 10 consecutive years, 
starting with the first fiscal period after the fiscal period when the taxable income was recorded. Until the expiration of the Law on Free Internationa l Port "Giurgiulesti" they are also entitled to 
50% of corporate tax exemption.” 
• Are enterprises residing in Giurgiulesti required to export any set portion of their output? Are 
there any requirements or restrictions for this output to be sold into the rest of Moldova?  
ANSWER: As GIFP residents, entities don’t have any requirements to export and restrictions for 
sale into the rest of the Republic of Moldova. 
3.4.4 Intellectual property rights 
3.4.10 Trade-related intellectual property regime 
Page 48 (para. 3.111): The Secretariat Report notes that the Republic of Moldova is a signatory to 
26 international IPR treaties, including the Berne Convention, the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty, and the WTO TRIPS Agreement. However, the 
Republic of Moldova is not a member of the Geneva Phonograms Convention.  
• Does Moldova plan to join the Geneva Phonograms Convention? If so, when? 
ANSWER: The Republic of Moldova has signed most of the international conventions in the area of 
Intellectual Property, being a signatory party to all WIPO administrated treaties, including the 
Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of 
Their Phonograms (so called Geneva Phonogram Convention), on 17 July, 2000. 
Page 48 (paragraph. 3.112): The Secretariat Report notes that the Republic of Moldova is 
amending its legal framework to harmonize IPR with the EU’s National Intellectual Property 
Strategy (NIPS) 2012-20, the NIPS Action Plan  2012-14, and the Association Agreement between 
the EU and the Republic of Moldova. 
• Please provide specific details on how this will  alter the current copyright law and regime? To 
this end, is any legislation pending or planned? 
ANSWER: To answer the challenges of the modern society (globalization, digitalization, etc.) and 
to keep the path with the international and Europe an developments in the field, the Republic of WT/TPR/M/323/Add.1 
 
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  Moldova continue to modernize its legal framework in IP field, including the Copyright legislation 
but the amendments are not called to change or  modify the current copyright regime but to 
improve it. At present, a draft Law On amending the Copyright Law No. 139/2010 is under development. The draft aims at bringing the moldovan legislation in line with the Directive 
2006/116/EC of the European Parliament and of the Council of 12 December 2006 On the term of 
protection of copyright and certain related rights.   
Moreover, a study on the impact of the Creative industries on the RM economy has been 
conducted with WIPO support (to be published shortly). The Study findings will serve for the formulation of public policies in the creative industries sector.   
Amendments to the national collective management regulatory and institutional framework are 
foreseen to be developed called to enhance the transparency, corporate governance and accountability of the national CMOs. In this context, a draft Law for amending the Copyright Law 
No. 139/2010 in the part referring to collective management of copyright and a Regulation On 
CMOs’ activity are under consideration.  
Page 49 (paragraph 3.114) states that the National  Intellectual Property Strategy (NIPS) identified 
key IPR challenges, including high levels of piracy and counterfeiting.  
• Please outline the steps being taken by Moldova to address these key insufficiencies.  
ANSWER: To deal with IPR challenges identified in the NIPS, Action Planes for the implementation 
of the Strategy are approved by the Governme nt. The 2015-2017 NSIP Action Plan provides 
concrete measures to improve the IP enforcement in the country, among which are further 
development of regulating acts, consolidation of institutional capacities of the enforcement bodies, and raising awareness for IPR. 
 
Specialized IPR enforcement units were established within the relevant public authorities. Today, the Customs Service, the Police and the Prosecutors’ Office have specialized divisions, whose main 
duty is the combating of counterfeiting and pira cy. Education and training of the enforcement 
bodies’ personnel are carried out on a permanent base.   At the border, the IPR can be enforced efficientl y, through an online intervention request and 
without any further formality, right holders benefit from border protection without the need to pay 
any fees. Customs Officers, having access to risk information systems and the official databases of the National IP Office, are obliged to suspend customs clearance and allow right holders to initiate 
legal proceedings when they suspect goods to be counterfeit. This scheme is widely used by 
foreign right holders. In order to achieve an adequate and efficient protection and enforcement of the intellectual property rights at the border, the Customs Service has recently amended the 
Customs Code approximating it with the provisio ns of the EU Regulation No. 608/2013 concerning 
customs enforcement of intellectual property rights.  IPR protection on the domestic marketplace is achieved through specialized Police and Prosecution 
Units, whose main responsibilities include the preven tion of counterfeiting and piracy, fact finding, 
prosecution and application of the contravention penalties.   
In cases where their rights are deemed to be violated, right holders may resort to the judicial 
system by filing an application at the district courts, whose decisions can be appealed to four Courts of Appeal and the Supreme Court of  Justice. Annually, the judiciary examines 
over 100 cases of IPR infringement.  
 The IPR enforcement activity in the country is mo nitored by the IPR Observatory established within 
the AGEPI back in 2010. The Observatory collects data on IPR Enforcement from the relevant 
enforcement bodies, maintains an IPR enforcem ent dedicated web-page : www.stoppirateria.md 
and publishes the annual IPR Enforcement report containing statistical and analytical data, legislative developments but also recommendations on IPR enforcement in the Republic of 
Moldova. The e-copy of the report is availabl e online at: http://www.sto ppirateria.md/en/raport-
national.php.  
To increase the general awareness of the society for IPR issues, AGEPI in collaboration with other 
partners, including the right holders, organises different education and promotion activities, among which IP-related campaigns focused on different categories of populations (as for example: WT/TPR/M/323/Add.1 
 
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  antipiracy campaign for school pupils, IP campaign for consumers, etc.). More than 100 IPR-
related events are organized annually within the country aimed at building respect for intellectual property rights.  
Page 49, (paragraph. 3.115) notes that trademarks, patents, and copyrights are granted and 
protected by the State Agency for the Intellectua l Property (AGEPI). It appears from Table 3.11 
that AGEPI is responsible for maintaining the registrations of patents and trademarks.  • Is there a process for registering copyrights in the Republic of Moldova?  
• If so, which government institution is responsible?  
ANSWER: The only state authority responsible for granting IP protection on the territory of the 
Republic of Moldova is the State Agency for Intell ectual Property (AGEPI). The AGEPI activity is 
governed by the Law No. 114 of July 3, 2014 on th e State Agency for Intellectual Property. AGEPI 
covers all IP rights, including industrial property  (trademarks, patents, plant varieties, design, 
indicators of origin, and topographies of integrated circuits) and copyright (including related rights).  
 
In the Republic of Moldova copyright is subject to voluntary registration with the AGEPI. The 
registration system is regulated by the Copy right Law No. 139/2015 and the Regulation On the 
registration of objects of copyright and related rights, approved by Government’s Decision No.89 
of February 10, 2012. More information on th e registration system, including the online 
e-registration service is available on the AGEPI web-site: http://dev.agepi.gov.md/en/copyright/registration .  
Page 51(paragraph 3.124) states that depending on  the gravity of the action, criminal liability for 
IP infringement is subject to a range of options, including fines, community service, or 
imprisonment.  
• Please provide additional information on what guidelines or laws are used to determine the 
applicable punishment.  
ANSWER: The Criminal Code (CC) of the Republic of  Moldova (Law No. 985/2002) provides for 
criminal measures instituted for IPR contraventions, as follows:  
• art. 1851 stipulates liability for violation of copyright and related right committed on a large 
scale or by a group of persons.  • art. 185
2 provides for criminal liability in case of violations of industrial property rights, 
including trademarks, patents, plant varieties, industrial design, geographical indications, 
appellations of origin, traditional specialty guaranteed and topographies of integrated circuits.  • article 185
3 provides for criminal liability for intentionally false statements in intellectual 
property registration documents, and  
• article 2461 deals with criminal sanctions in case of unfair competition, and  
• Article 2462 provides for sanctions in case of forgery and counterfeiting of products 
The criminal sanctions, depending of the gravity of infringement, may include:  
• For natural persons: fines ranging from 600 to 5000 conventional units, community works 
up to 240 hs; imprisonment for a term from 1 up to 5 years;  • For legal entities: fines ranging from 2000 to 10 000 conventional units, deprivation of legal 
entity of the right to carry out certain activities for a term up to 5 years or its liquidation. 
 The level of sanctions depends of the gravity of the infringements, thus for IPR infringements 
committed by two or more persons; by an organize d criminal group or criminal organization; by 
physical or psychical constraints; in extremely large proportions, are liable for higher level of 
sanctions. 
Page 51 (paragraph 3.125) states that in 2014, Customs registered 30 detentions of infringing 
goods.  
• How many of those detentions resulted in seizures of infringing goods?  
ANSWER: During 2014, the Customs Service has recorded 30 detentions of goods suspected of 
being counterfeited. From those detentions - in 16 cases the goods were seized and in 14 cases – 
the goods were released (either for being genuine  or because of right holder’s inaction).  WT/TPR/M/323/Add.1 
 
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  Page 51 (paragraph 3.125) states that in 2014, the General Police Inspectorate processed 82 
complaints for infringement; however, the report al so states that there were only 32 prosecutions 
2014.  • Please elaborate on why less than 50 % of the cases processed by the Police resulted in 
prosecutions.  
ANSWER: All the 82 complaints processed by the General Police Inspectorate resulted in controls 
and detections of IPR infringements. Based on IPR infringements reports filed by the Police, 82 
contravention cases were initiated. In 27 cases,  based on the gravity of the offence, the GPI 
initiated penal proceedings and submitted the cases to the General Prosecutor’s Office for further investigation.  
According to the existing legal competences, pena l cases on IPR are investigated by the General 
Prosecutor Office. In 2014, the prosecutors investigated altogether 44 IPR related penal cases, of which 32 initiated in 2014 and 12 cases pending from 2013.  
 
Out of 32 penal cases initiated in 2014, 27 - were initiated by the Police (as mentioned above), 3 cases were initiated by the Centre for Combatting Cyber Crimes and 2 penal cases were initiated 
by the General Prosecutor’s Office.  
4. TRADE POLICIES BY SECTOR 
 
4.2 Agriculture 
4.2.1 Domestic measures 
 Page 54 (paragraph 4.9) states that Moldova “regulates the maximum price mark-ups at which 
certain socially important products may be marketed,” including products intended for processing. The list includes bread, dairy products (butter, cheese and cream), canned fruit and vegetables, juices for kids, sugar (except in single use packets), wheat flour, rice, buckwheat, and oat flakes.  
• Please indicate the base upon which the price mark-up is permitted, e.g., (a) on domestic 
goods, (b) on imported goods and (c) on domestic  goods, for all products under price control. 
ANSWER: The Government’s Decision No. 547 of August 4, 1995 on the Measures for State 
Coordination and Regulation of Prices establishe s the mark-up for the sale of socially important 
products, especially for groceries of current demand, such as bread and bakery wares (limited 
markup – 10%), milk and dairies, meat and meat products, cereals, pasta, products for children 
(limited markup – 20%). For the goods subjected to processing in the trade units (calibration, 
sorting, portioning, packing/unpacking etc.), th e amount of the cumulative markup shall not 
exceed 40 percent of the purchase price of the products.   
There is no difference between the approach in  price mark-up for domestic goods with the 
imported ones. 
Page 54 (paragraph 4.10) states that Moldova has created a State Cereals Reserve established 
and managed by the Government and that stock replenishment is done at market prices and on 
competitive terms.  
• Does Moldova purchase or accept imported cereals for its food security stocks, or is it 
mandated that the replenishments come from domestic sources?  
ANSWER: The Republic of Moldova replenishes its stocks mainly from domestic sources, but in 
case of shortage of domestic production, it could be done from imports. 
4.2 Manufacturing 
 
Page 55 (Paragraph 4.1.3) lists high energy costs as one of a number of “international 
competitiveness challenges” holding back development of its manufacturing sector. • What are Moldova’s plans to reduce the cost of energy? In the SUMMARY section (page 9, 
paragraph 29), it stated that Moldova was taking “steps towards supply diversification” of its 
energy sources. 
• Please outline the steps that Moldova is taking to diversify its energy supplies?  WT/TPR/M/323/Add.1 
 
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  ANSWER:  
Natural gas 
• The next and final phase of the Ungheni-Iasi gas pipeline project is the extension of the 
pipeline of 130 km (Ø500mm) on the RM territory by construction of (1) gas pipeline 
Ungheni-Chisinau, (2) the ring around Chisinau and of (3) a distribution/measurement 
station on the ring.  
• In order to prepare the project for the implem entation the Ministry of Economy, with the 
EBRD support, currently is developing a feas ibility study (FS), which will include the 
ESIA. This FS is planned to be finalized in the first half of 2016. The pre-feasibility study was submitted in January 2015. 
• The Financing Agreement on the construction  Ungheni-Chisinau pipeline should be 
signed in the beginning of 2016, taking into account the support offered by EBRD, EIB, 
European Commission through NIF. 
• The project design is also envisaged to be drafted with the support of the donor 
community. The deadline would be by end of 3Q 2016.  
• The goal is to finalize the entire project by May 2018. 
Electricity  
• Taking into account the Energy Strategy’s provisions and high-level consultations 
between the Republic of Moldova and Romania, the following electricity interconnections projects were identified:  
• Back-to-back (BtB) station Vulcanesti and OHL 330 kV Vulcanesti-Chisinau. The cost 
of project is 140 mil Euro.  
• Back-to-back (BtB) station and OHL 330/400kV Romania- Ungheni- Straseni. The 
cost of this line accounts for 106 million Euro, of which: 36 million Euro are for the 
linear part of Romania- Ungheni- Straseni and 70 million Euro for BtB station. 
• Back-to-back (BtB) station and OHL 400kV Balti-Suceava. The cost of this line 
accounts for 131,2 million Euro, of which the total cost of OHL 400 kV on the 
Romanian side + 50% of cost for BtB station – 68,6 million Euro and the total cost of 
OHL 400 kV on the Moldovan side + 50% of cost for BtB station – 62,6 million Euro. 
• In 2014 the Ministry of Economy has requested EBRD support for feasibility studies’ 
development for the three interconnection projects with Romania, identified by the 
Government of the Republic of Moldova, including the update of the feasibility study for 
the line 400 kV Balti – Suceava (developed by EBRD in 2010).  
• After the finalization of selection of the Consultant for feasibility study’s development, 
the development of the suggested feasibility studies will be launched in autumn 2015. 
• Currently, the Ministry of Economy is under the process of identification of the necessary 
funding sources for the implementation of the respective infrastructure projects (project 
design and construction works). 
• Please outline the Moldova’s efforts and plans to increase its efficiency in using energy, e.g., 
in light of “Moldova’s energy efficiency performance [being] considered as among the worst in Europe.”  
ANSWER:  
I. Policy development to transpose new EE Directive 2012/27/EU that will include: 
• Analysis of the requirements and options for the implementation of the EE Directive as a 
whole and for each main article separately, best practices, special conditions in Moldova, 
rough energy and cost estimations; development of the concept for transposition and implementation of the Directive agreed between stakeholders.  
• Transposition of the EE Directive (2012/27/EU ) by amending/redrafting of the existing 
Law on EE and possibly other related Laws (e.g. Law on Energy) – final formal deadline: by 15 October 2017. 
II. Effective implementation of the EE Directive 2012/27/EU that will include: WT/TPR/M/323/Add.1 
 
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  • Preparation of a detailed roadmap for the implementation of the EE Directive, 
recommendations and background studies in line with the “Implementing the Energy Efficiency Directive – Commission  Guidance COM/2013/0762 final”.  
• Development of secondary legislation related to the EE Directive 2012/27/EU. 
• Capacity building, including study tours and trainings on the implementation 
requirements of the EE Directive.  
PART II: QUESTIONS REGARDING THE GOVERNMENT REPORT 
 
2.3 Structural reform 2.3.1 Privatization  
Page 5 (paragraph 2.16) states that there were 240 state-owned enterprises (SOEs) in the 
Republic of Moldova at the end of 2014 (compare d with 308 at the end of 2001), and that the 
State retains a majority holding in 72 SOEs. 
• Please elaborate on the nature of State owne rship/control in the 168 SOEs where the State 
does not have majority ownership.  
Page 5 (paragraph 2.17) states that “the most recent plan of privatization has been adopted in 
2012” and that “in order to reduce the participation of the State in joint-stock companies and 
SOEs, the Government is planning to conduct three privatization rounds in the near future by using legally available privatization methods.” • Has this 2012 plan been operationalized, e.g., has a privatization round been held yet?  
• If not when does Moldova think that it will be initiated?  
• How long does Moldova think that the plan will continue?  
ANSWER: As at November 1, 2015, the Public Property Registry includes 244 state companies and 
113 joint-stock companies with state share.  
Of the 113 joint-stock companies with state shares, in 73 – the state shares in the share 
capital are the majority, including 26 with full state capital. The insolvency procedure has started 
in 4 joint-stock companies and the liquidation plan procedure in 16 of them.  
In 40 joint-stock companies the state holds share packages that do not exceed 50%, 
including:  
• 10 JSC – between 30% and 50%; 
• 11 JSC – between 10% and 30%; 
• 19 JSC – less than 10% (in 8 JSC the state share is under 1%). 
The privatization of public property takes place in accordance with the Law no.121-XVI of 4 May 
2007 on the Administration and Privatization of Public Property and with the subordinate acts 
adequate for privatization.  
The latest update of the List of State Public Pr operty subjected to privatization, approved by 
Government Decision no.945 of 20 August 2007,  was by Government Decision no.764 of 24 
September 2013. In addition, a new daft list of state public property subjected to privatization is subjected to public debates now and will be submitted to the Government for examination and approval.  
Continuing and propelling the privatization of state public property based on the principles of 
transparency, legality and efficiency constitutes one of the governing objectives.  Between 2013 and 2015, there were six rounds of privatization using all the tools set out by the 
legislation (sale on the Stock Exchange, trade contests, investment contests, outcry actions and 
auctions with discounts), and especially as follows:  
• In 2013, a round of privatization took place where 91 state-owned assets were 
exhibited, with 14 assets being accepted for privatization (4 share packages, 6 state 
companies, 3 real estate complexes and one unfinished object);  
• In 2014, three rounds of privatization were held during which 92 state-owned public 
assets were exhibited (most of them repeatedly), with the privatization accepted for 30 
assets (14 share packages, 10 state companies, 3 unfinished objects, 3 real estate 
complexes);  WT/TPR/M/323/Add.1 
 
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  • In 2015, two rounds were held where 67 state-owned public assets were exhibited (most 
of which repeatedly), with 5 assets accepted for privatization (3 share packages, 1 state company and one unfinished object). By the end of this year, the plan is to organize the third round for privatizing state-owned assets.  
The process of privatization of state-owned public assets will continue in the following years and 
there is no deadline established for completing this process.  
2.3.2 Tax reform 
 
Page 5 (paragraph 2.20) states that the “draft Tax Code is currently being reviewed by the 
relevant governmental agencies. • Please describe the principle improvements to be established in the new Tax Code? 
ANSWER: Given the fact that the Tax Code will be revised and not drafted a new one, the 
principles improvement cannot be determinate. 
3. TRADE AND INVESTMENT REGIME 
 
3.1 Trade data  
Page 7 (paragraph 3.1) states that the “exports of domestically produced goods amounted to 
US$1,529.6 million. (65.4% of total exports), the difference being attributable to re-
exports .” 
• Please clarify the nature of the “re-exports” re ferred to in this paragraph. Are they goods 
with some processing in Moldova?  
ANSWER: Moldovan re-exports represent a share of 34.6% of total exports. Much of this 
represent foreign goods that were imported in the country for inward processing, which changed 
the tariff position, but the country of origin has remained unchanged since the criteria of 
“substantial transformation” haven’t been fulfilled.   
The other re-exports represent foreign goods previously imported in the country, and which has 
not undergone substantial transformation, country of origin remaining unchanged. 
3.2 Trade policy 
3.21 Trade in Goods 
Page 7 (paragraph 3.6) states that “State budget revenue is based on 48% VAT on imported 
goods and services, 14% excise on imported goods and 6.5% customs duties.”  
• Is this in addition to VAT and excise charges on domestic goods, income tax, and fees and 
charges collected on domestic goods?  
ANSWER: Yes, customs duties, mentioned above, are in addition to VAT and excises charges on 
domestic goods, income taxes, and fees and charges collected on domestic goods, and grants. 
• What portion of state budget revenue is accounted for by VAT, excise and customs duties on 
imported goods?  
ANSWER: The total share of VAT, excise and custom ta riffs on imported goods is 68,5% of total 
state budget revenue. 
Page 7 (paragraph 3.7) describes Moldova’s Combined Nomenclature for tariff classification, 
approved through Law No. 172 of 25 July 2014. 
• When Moldova established the Combined Nomenclature in 2014, was a concordance 
constructed to the nomenclature of its WTO bindings to ensure that all the bindings were 
reflected in the new tariff?  
ANSWER: All inconsistencies of the Law No. 172 of 25 July 2014 with the Republic of Moldova’s 
MFN applied tariff will be amended in the process of adopting the fiscal-budget policy for the next 
year.  WT/TPR/M/323/Add.1 
 
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  Page 8 (paragraph 3.8): Please explain how/why Moldova’s tariff rates have increased since 2001? 
ANSWER: Since 2001, the Republic of Moldova has concluded several FTAs which led to the trade 
liberalization in proportion about 75% of Moldova’ s total trade. In the recent law - Law No. 172 of 
25.07.2014 regarding the Combined Nomenclature of Goods, the MFN applied tariff was raised up 
to the Bound for a range of tariff headings, to compensate losses to the budget. 
 WT/TPR/M/323/Add.1 
 
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  THAILAND 
QUESTIONS REGARDING THE SECRETARIAT’S REPORT 
 Question 1: According to Article 3.5 (Page 26) on The Secretariat’s Report, please explain why 
Authorized Economic Operator (AEO) programs do not have mutual recognition arrangements and 
provide information related to facilitates trade provision in a pilot project on EU AEOs.  
ANSWER: Taking into consideration that the AEO Program was introduced in August 2014, and 
being one relative new for the Republic of Moldova, customs doesn’t have yet mutual recognition 
agreements. However, the pilot project on EU AE O’s recognition, launched on 1 July 2015, will 
serve as a model for development of future mutual recognition agreements.   
General benefits of the EU AEO’s refers to: fa st and efficient crossing border, supply chain 
predictability related to fewer customs controls, saving time and reducing operational costs for crossing the border (reducing operational costs for cross border traffic). 
Question 2:  According to Article 3.9 (Page 27) on The Secretariat’s Report, what is the exact list 
of additional documents which customs can request for the purposes of establishing customs value, so that the members of the WTO would consider those documents which should be general 
application and conform to the trade agreement?  
ANSWER: For the purposes of establishing customs value, according to Regulation on the 
declaration of customs value of goods entering  the territory of the Republic of Moldova 
(Government’s Decision No. 600 of 12.05.2002), customs can request some of additional 
documents from the following list: 
a) any agreement between the seller and buyer may affect the customs value of goods; b) contracts with third parties relating to indirect transactions; 
c) worn business correspondence and negotiation to conclude price, where it was worn; 
d) discounting bills for the benefit of third parties in question, whether they result from contracts 
or other documents; 
e) the records of the buyer, such as transfers of funds to the exporter or seller, or for obtaining 
information on commissions, profit or general ex penses by applying the deductive and computed 
value; f) documents on ownership of the companies invo lved in the transaction, to exclude a possible 
relationship of interdependence between the seller and buyer;  
h) copy of the export declaration; i) payment document for transportation expenses; 
j) catalogs, bids (price lists) of manufacturing companies/retailer; 
k) certificate of origin, certificate of quality issued by the manufacturer; l) loading list. 
Question 3:  According to Article 3.54 (Page 38) on The Secretariat’s Report, could you elaborate 
the guideline for import procedures of agricultural product under the technical requirements?  
ANSWER: The National Food Safety Agency has elaborated import control procedures of 
agricultural products in 2014 according to ISO 17020:2012. 
Question 4:  According to Article 4.5 (Page 53) on The Secretariat’s Report, could you provide 
more information on 14 tariff lines of seasonal tariffs in term of the objective, the criteria and the practical implementation?  
ANSWER: These 14 lines of seasonal tariffs are applied for different types of fruits and vegetables 
that are grown in the Republic of Moldova and have an economic importance. Higher tariffs are applied during the harvesting season for each type  of product, to protect local market, and it is 
applied by customs office according to the day of issuing the customs declaration.  WT/TPR/M/323/Add.1 
 
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  QUESTIONS REGARDING THE MOLDOVA’S REPORT  
Question 5:  According to Article 3.40 (Page 12) on Moldova’s Report, it states that "the Republic 
of Moldova is a signatory to 26 international and 7 CIS IPR treaties and agreements, and cooperates with more than 30 IP offices around the world." Please clarify whether these treaties 
and agreement grant extra or less protection than TRIPS Agreement. 
ANSWER: The Republic of Moldova ensured the harmonization of its IPR legislation with TRIPS 
agreement provisions as a WTO accession requirement back in 2000.  
 
Afterwards, in the period from 2007 to 2010, anothe r in-depth modernization of the IP legislation 
was undertaken in order to harmonize the Moldovan IP system with EU Directives and Regulations in the field, including the IPR Enforcement Dire ctive 2004/48/EC, thus ensuring a full compliance 
of the legislation with TRIPS provisions, in line with the best EU practices (the so called TRIPS plus 
approach).   
Moreover, all the bilateral or regional treaties an d agreements signed by the Republic of Moldova 
are in strict conformity with the TRIPS Agreement, Paris and Bern Conventions and other IP-related treaties the Republic of Moldova is part y to. The RM-UE Association Agreement (the part 
referring to the DCFTA), is expressly providing the responsibility of parties to ensure the adequate 
and effective implementation of the international agreements dealing with IP, including WTO/TRIPs.   
For example, the recently enforced bilateral Agr eement signed by the Government of the Republic 
of Moldova with the European Patent Organisation  and providing for validation of the European 
patents on the territory of the Republic of Moldova, signed on October 16, 2013 (in force as from 1 
November 2015) is also providing for the Parties’  commitment to comply with TRIPS requirements.  
Question 6:  According to Article 3.41 (Page 12) on Moldova’s Report, it states that "the 
regulatory body in charge of the legal protecti on of trademarks, patents and copyrights is the 
State Agency for the Intellectual Property (AGEPI). Its main responsibilities is granting IP rights." 
Please interpret that in case of a foreign natural person or company would decide to receive IP rights protection in Moldova, whether or not they have to register their IP rights under AGEPI. 
ANSWER: With reference to regulatory body in IP filed it has to be stated that the responsible 
body for granting IP protection on the territory of  the Republic of Moldova is (as provided by the 
Law No.114 of 3 July 2014) the State Agency on Inte llectual Property (AGEPI), a specialized public 
institution empowered to provide protection for intellectual property in accordance with the 
national legislation on intellectual property and the international treaties, as well as agreements to 
which the Republic of Moldova is party.   
AGEPI, in exercising its functions and duties, receiv es and examines applications and grants title of 
IP protection for both national and foreign applic ants seeking IP protection in the Republic of 
Moldova. It acts and operates also as a receiving office for requests for protection of intellectual property objects under international treaties to which the Republic Moldova is party (in particular 
the international registration systems administra ted by WIPO: Madrid, Hague and Lisbon, but also 
the PCT system).   
Considering the principle of territoriality of industrial property rights (patents, trademarks, 
designs, etc.) and their acquisition through a regist ration system administered by the national IP 
office, in order to benefit of IP protection on the Republic of Moldova territory, a foreign company 
shall apply for and be granted an IP right by  the State Agency for Intellectual Property.  
 Nevertheless, it should be mentioned that the acquisition of rights arising from the registration of intellectual property objects is voluntary, upon  the request of the interested person (IP right 
holder). Thus, AGEPI provides services relating to the protection of intellectual property objects by 
issuing titles of protection thereof, only upon the submission of an application, respecting the 
principle of non-interference in entrepreneurial activity.  
Question 7:  According to Article 3.46 (Page 13) on Moldova’s Report, it states that "in accordance 
with the provisions of the Law on Copyright and Related Rights, AGEPI established the Mediation WT/TPR/M/323/Add.1 
 
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  Board in the field of intellectual property, examin ing and settling disputes." Please illuminate in 
greater detail to what extent an award from the Mediation Board binds disputant. 
ANSWER: With reference to the mediation in the field of IP, it has to be mentioned that the 
specialized Commission for Mediation and Arbitration in the IP field was created in 2015 (by 
Government’s Decision No. 184 of 16.04.2015), thus no experience yet in dealing with settling IP 
litigation through a meditation procedure. The acti vity of Mediation Commission is regulated by the 
Law No. 137/2007, On mediation and the Government’s Decision No. 184/ 2015, On the 
Regulation on the organization and functioning of the Mediation Commission in intellectual 
property and the mediation process.   The Regulation on the organization and functioning of the Mediation Commission provides for 
principles of organizing the activity of the Mediation Commission in intellectual property, the 
requirements for the mediators and the procedure to be followed. The parties are responsible to determine, by mutual agreement, the conditions  of dispute settlement. The mediator has no 
decision-making power over these conditions but, at  the request of the parties, he/she may submit 
proposals on alternatives/options for resolving the dispute.   
If agreed, at the end of mediation procedure, th e parties are signing a mediation agreement. Once 
signed by the parties involved in the litigation, the mediation agreement became mandatory for both parties. If a party is not fulfilling its obli gations under the signed mediation agreement, the 
other party could endorse it in court.  
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