CELEX: 22016D2027
Language: en
Date: 2016-10-19 00:00:00
Title: Decision No 1/2016 of the EU-Republic of Moldova Association Committee in Trade configuration of 19 October 2016 updating Annex XVI to the Association Agreement [2016/2027]

19.11.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               L 313/28
            
         DECISION No 1/2016 OF THE EU-REPUBLIC OF MOLDOVA ASSOCIATION COMMITTEE IN TRADE CONFIGURATION
   of 19 October 2016
   updating Annex XVI to the Association Agreement [2016/2027]
   THE ASSOCIATION COMMITTEE IN TRADE CONFIGURATION,
   Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, and in particular Article 173 and Article 436 thereof,
   Whereas:
   
               (1)
            
            
               The Association Agreement between the European Union and the European Atomic Energy Community and their Member States of the one part, and the Republic of Moldova, of the other part (1) (‘the Agreement’) entered into force on 1 July 2016.
            
         
               (2)
            
            
               In accordance with Article 173 of the Agreement the Republic of Moldova shall gradually achieve conformity with the relevant Union acquis, in accordance with the provisions of Annex XVI to the Agreement.
            
         
               (3)
            
            
               Several Union acts listed in Annex XVI to the Agreement have been amended, recast or repealed and replaced by new Union acts since the initialling of the Agreement on 29 November 2013. In particular, the Union adopted and notified to the Republic of Moldova the following acts:
               
                           (a)
                        
                        
                           Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits (2);
                        
                     
                           (b)
                        
                        
                           Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels (3);
                        
                     
                           (c)
                        
                        
                           Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility (4);
                        
                     
                           (d)
                        
                        
                           Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres (5);
                        
                     
                           (e)
                        
                        
                           Directive 2014/28/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses (6);
                        
                     
                           (f)
                        
                        
                           Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts (7);
                        
                     
                           (g)
                        
                        
                           Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments (8);
                        
                     
                           (h)
                        
                        
                           Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (9);
                        
                     
                           (i)
                        
                        
                           Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment (10);
                        
                     
                           (j)
                        
                        
                           Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (11);
                        
                     
                           (k)
                        
                        
                           Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC (12);
                        
                     
                           (l)
                        
                        
                           Directive 2013/29/EU of the European Parliament and of the Council of 12 June 2013 on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles (13);
                        
                     
                           (m)
                        
                        
                           Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC (14);
                        
                     
                           (n)
                        
                        
                           Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (15);
                        
                     
                           (o)
                        
                        
                           Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (16);
                        
                     
                           (p)
                        
                        
                           Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals (17);
                        
                     
                           (q)
                        
                        
                           Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC (18);
                        
                     
                           (r)
                        
                        
                           Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (19).
                        
                     
         
               (4)
            
            
               Certain Union acts listed in Annex XVI are also listed in Annex IV (Consumer Protection) and Annex XI (Environment) to the Agreement. In the interest of clarity, the applicable deadlines for approximation of those acts listed in Annex XVI should be aligned to the deadlines specified in Annex IV (Consumer Protection) and Annex XI (Environment) to the Agreement.
            
         
               (5)
            
            
               It is necessary to update Annex XVI to the Agreement in order to reflect the evolution of the Union legislation listed in that Annex, in accordance with Article 436(3) of the Agreement. In the interest of clarity, the sections of Annex XVI to the Agreement affected by the changes should be updated in their entirety.
            
         
               (6)
            
            
               The Republic of Moldova continues the process of approximating its legislation to the Union legislation, in accordance with the timetable and priorities set out in Annex XVI to the Agreement. It is therefore appropriate to ensure that the recent updates to the Union legislation are promptly and efficiently integrated in the ongoing process of approximation and take into account the progress already made by the Republic of Moldova.
            
         
               (7)
            
            
               It is appropriate to provide for transition periods to the Republic of Moldova in order to reflect the new Union acts in its national legislation and to provide an adaptation period to the manufacturers and importers. Accordingly, the deadlines for approximation of its national legislation to those new Union acts should be extended.
            
         
               (8)
            
            
               In accordance with Article 436(3) of the Agreement the EU-Republic of Moldova the Association Council shall have the power to update or amend the Annexes to the Agreement. The Association Council empowered the Association Committee in Trade configuration by Decision No 3/2014 of 16 December 2014 to update or amend certain trade-related annexes,
            
         HAS ADOPTED THIS DECISION:
   Article 1
   Section ‘Horizontal legislative framework for marketing of products’; Section ‘Legislation based on the principles of the new approach which provide for CE marking’; Section ‘Directives based on the principles of the New Approach or the Global Approach, but which do not provide for CE marking’; Subsection 2 ‘Two- or three-wheel motor vehicles’ and Subsection 3 ‘Wheeled agricultural or forestry tractors’ of Section ‘Construction of motor vehicles’; Subsection 1 ‘REACH and REACH implementation’, Subsection 2 ‘Dangerous chemicals’ and Subsection 3 ‘Classification, packaging and labelling’ of Section ‘Chemicals’ of Annex XVI to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and the Republic of Moldova, of the other part, are replaced by the text appearing in the Annex to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.
   
      Done at Brussels, 19 October 2016.
      
         
            For the Association Committee in Trade configuration
         
         P. SOURMELIS
         
            The Chair
         
      
   
   
      (1)  OJ L 260, 30.8.2014, p. 4.
   
      (2)  OJ L 96, 29.3.2014, p. 357.
   
      (3)  OJ L 96, 29.3.2014, p. 45.
   
      (4)  OJ L 96, 29.3.2014, p. 79.
   
      (5)  OJ L 96, 29.3.2014, p. 309.
   
      (6)  OJ L 96, 29.3.2014, p. 1.
   
      (7)  OJ L 96, 29.3.2014, p. 251.
   
      (8)  OJ L 96, 29.3.2014, p. 149.
   
      (9)  OJ L 96, 29.3.2014, p. 107.
   
      (10)  OJ L 189, 27.6.2014, p. 164.
   
      (11)  OJ L 153, 22.5.2014, p. 62.
   
      (12)  OJ L 354, 28.12.2013, p. 90.
   
      (13)  OJ L 178, 28.6.2013, p. 27.
   
      (14)  OJ L 165, 30.6.2010, p. 1.
   
      (15)  OJ L 60, 2.3.2013, p. 52.
   
      (16)  OJ L 60, 2.3.2013, p. 1.
   
      (17)  OJ L 201, 27.7.2012, p. 60.
   
      (18)  OJ L 197, 24.7.2012, p. 1.
   
      (19)  OJ L 197, 24.7.2012, p. 38.
   
      ANNEX
      
         UPDATE OF ANNEX XVI TO THE AGREEMENT
      
      Section ‘Horizontal legislative framework for marketing of products’; Section ‘Legislation based on the principles of the new approach which provide for CE marking’; Section ‘Directives based on the principles of the New Approach or the Global Approach, but which do not provide for CE marking’; Subsection 2 ‘Two- or three-wheel motor vehicles’ and Subsection 3 ‘Wheeled agricultural or forestry tractors’ of Section ‘Construction of motor vehicles’; Subsection 1 ‘REACH and REACH implementation’, Subsection 2 ‘Dangerous chemicals’ and Subsection 3 ‘Classification, packaging and labelling’ of Section ‘Chemicals’ of Annex XVI to the Agreement are replaced by the following:
      
         
                     ‘Union legislation
                  
                  
                     Deadline for approximation
                  
               
                     
                        HORIZONTAL LEGISLATIVE FRAMEWORK FOR MARKETING OF PRODUCTS
                     
                  
               
                     Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93
                     Decision No 768/2008/EC of the European Parliament and of the Council of 9 July 2008 on a common framework for the marketing of products, and repealing Council Decision 93/465/EEC
                  
                  
                     Approximated on the date of entry into force of the Law No 235 of 1 December 2011
                  
               
                     Directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety
                  
                  
                     2016
                  
               
                     Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products
                  
                  
                     2012
                  
               
                     Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 October 2012 on European standardisation, amending Council Directives 89/686/EEC and 93/15/EEC and Directives 94/9/EC, 94/25/EC, 95/16/EC, 97/23/EC, 98/34/EC, 2004/22/EC, 2007/23/EC, 2009/23/EC and 2009/105/EC of the European Parliament and of the Council and repealing Council Decision 87/95/EEC and Decision No 1673/2006/EC of the European Parliament and of the Council
                  
                  
                     2015
                  
               
                     Council Directive 80/181/EEC of 20 December 1979 on the approximation of the laws of the Member States relating to units of measurement and on the repeal of Directive 71/354/EEC, as amended by Directive 2009/3/EC of the European Parliament and of the Council
                  
                  
                     2015
                  
               
                     
                        LEGISLATION BASED ON THE PRINCIPLES OF THE NEW APPROACH WHICH PROVIDE FOR CE MARKING
                     
                  
               
                     Directive 2014/35/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of electrical equipment designed for use within certain voltage limits
                  
                  
                     2017
                  
               
                     Directive 2014/29/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vessels
                  
                  
                     2017
                  
               
                     Regulation (EU) No 305/2011 of the European Parliament and of the Council of 9 March 2011 laying down harmonised conditions for the marketing of construction products and repealing Council Directive 89/106/EEC
                  
                  
                     Full approximation: 2015
                  
               
                     Directive 2014/30/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to electromagnetic compatibility
                  
                  
                     2017
                  
               
                     Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment
                  
                  
                     Review and full approximation: 2015
                  
               
                     Directive 2009/142/EC of the European Parliament and of the Council of 30 November 2009 relating to appliances burning gaseous fuels
                  
                  
                     Review and full approximation: 2016
                  
               
                     Directive 2000/9/EC of the European Parliament and of the Council of 20 March 2000 relating to cableway installations designed to carry persons
                  
                  
                     2015
                  
               
                     Directive 2014/34/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmospheres
                  
                  
                     2017
                  
               
                     Directive 2014/28/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market and supervision of explosives for civil uses
                     Commission Decision 2004/388/EC of 15 April 2004 on an Intra-Community transfer of explosives document
                     Commission Directive 2008/43/EC of 4 April 2008 setting up, pursuant to Council Directive 93/15/EEC, a system for the identification and traceability of explosives for civil uses
                  
                  
                     2017
                  
               
                     Directive 2014/33/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts
                  
                  
                     2017
                  
               
                     Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2006 on machinery, and amending Directive 95/16/EC
                  
                  
                     2015
                  
               
                     Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments
                  
                  
                     2017
                  
               
                     Council Directive 93/42/EEC of 14 June 1993 concerning medical devices
                     Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws of the Member States relating to active implantable medical devices
                     Directive 98/79/EC of the European Parliament and of the Council of 27 October 1998 on in vitro diagnostic medical devices
                  
                  
                     Review and full approximation: 2015
                  
               
                     Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new hot-water boilers fired with liquid or gaseous fuels
                  
                  
                     Full approximation: 2017
                  
               
                     Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments
                  
                  
                     2017
                  
               
                     Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of pressure equipment
                  
                  
                     2017
                  
               
                     Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC
                  
                  
                     2017
                  
               
                     Directive 2013/53/EU of the European Parliament and of the Council of 20 November 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC
                  
                  
                     2018
                  
               
                     Directive 2009/48/EC of the European Parliament and of the Council of 18 June 2009 on the safety of toys
                  
                  
                     Review and full approximation: 2015
                  
               
                     Directive 2013/29/EU of the European Parliament and of the Council of 12 June 2013 on the harmonisation of the laws of the Member States relating to the making available on the market of pyrotechnic articles
                  
                  
                     2017
                  
               
                     
                        DIRECTIVES BASED ON THE PRINCIPLES OF THE NEW APPROACH OR THE GLOBAL APPROACH, BUT WHICH DO NOT PROVIDE FOR CE MARKING
                     
                  
               
                     European Parliament and Council Directive 94/62/EC of 20 December 1994 on packaging and packaging waste
                  
                  
                     2015
                  
               
                     Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2010 on transportable pressure equipment and repealing Council Directives 76/767/EEC, 84/525/EEC, 84/526/EEC, 84/527/EEC and 1999/36/EC
                  
                  
                     2017
                  
               
                     
                        CONSTRUCTION OF MOTOR VEHICLES
                     
                  
               
                     2.   Two- or three-wheel motor vehicles
                     
                  
               
                     Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles
                  
                  
                     2017
                  
               
                     3.   Wheeled agricultural or forestry tractors
                     
                  
               
                     Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles
                  
                  
                     2016
                  
               
                     Directive 2008/2/EC of the European Parliament and of the Council of 15 January 2008 on the field of vision and windscreen wipers for wheeled agricultural or forestry tractors
                  
                  
                     2016
                  
               
                     
                        CHEMICALS
                     
                  
               
                     1.   REACH and REACH implementation
                     
                  
               
                     Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC
                  
                  
                     2019
                  
               
                     Commission Regulation (EC) No 440/2008 of 30 May 2008 laying down test methods pursuant to Regulation (EC) No 1907/2006 of the European Parliament and of the Council on the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH)
                  
                  
                     2019
                  
               
                     2.   Dangerous chemicals
                     
                  
               
                     Regulation (EU) No 649/2012 of the European Parliament and of the Council of 4 July 2012 concerning the export and import of hazardous chemicals
                  
                  
                     2017
                  
               
                     Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC
                  
                  
                     2021
                  
               
                     Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment
                  
                  
                     2014
                  
               
                     Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE)
                  
                  
                     2016
                  
               
                     Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC
                  
                  
                     2013-14
                  
               
                     Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlorinated biphenyls and polychlorinated terphenyls (PCB/PCT)
                  
                  
                     Approximated in 2009
                  
               
                     Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC
                  
                  
                     2013-14
                  
               
                     3.   Classification, packaging and labelling
                     
                  
               
                     Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 16 December 2008 on classification, labelling and packaging of substances and mixtures, amending and repealing Directives 67/548/EEC and 1999/45/EC, and amending Regulation (EC) No 1907/2006
                  
                  
                     2021’