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]

L 313/28 EN Official Journal of the European Union 19.11.2016 ACTS ADOPTED BY BODIES CREATED BY INTERNATIONAL AGREEMENTS 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 (3) Several Union acts listed in Annex XVI to the Agreement have been amended, recast or repealed and replaced by new Union acts since the initialling of the Agreement on 29 November 2013.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 harmonis­ ation 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 harmonis­ ation 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 harmonis­ ation 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 harmonis­ ation 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 harmonis­ ation 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 harmonis­ ation of the laws of the Member States relating to lifts and safety components for lifts (7); (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. 251.19.11.2016 EN Official Journal of the European Union L 313/29 (g) Directive 2014/32/EU of the European Parliament and of the Council of 26 February 2014 on the harmonis­ ation of the laws of the Member States relating to the making available on the market of measuring instruments (1); (h) Directive 2014/31/EU of the European Parliament and of the Council of 26 February 2014 on the harmonis­ ation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments (2); (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 (3); (j) Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2014 on the harmonisa­ tion of the laws of the Member States relating to the making available on the market of radio equipment and repealing Directive 1999/5/EC (4); (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 (5); (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 (6); (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 (7); (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 (8); (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 (9); (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 (10); (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 (11); (r) Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2012 on waste electrical and electronic equipment (WEEE) (12). (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. (1) OJ L 96, 29.3.2014, p. 149. (2) OJ L 96, 29.3.2014, p. 107. (3) OJ L 189, 27.6.2014, p. 164. (4) OJ L 153, 22.5.2014, p. 62. (5) OJ L 354, 28.12.2013, p. 90. (6) OJ L 178, 28.6.2013, p. 27. (7) OJ L 165, 30.6.2010, p. 1. (8) OJ L 60, 2.3.2013, p. 52. (9) OJ L 60, 2.3.2013, p. 1. (10) OJ L 201, 27.7.2012, p. 60. (11) OJ L 197, 24.7.2012, p. 1. (12) OJ L 197, 24.7.2012, p. 38.L 313/30 EN Official Journal of the European Union 19.11.2016 (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 Chair19.11.2016 EN Official Journal of the European Union L 313/31 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 Approximated on the date of en­ 9 July 2008 setting out the requirements for accreditation and market surveillance try into force of the Law No 235 relating to the marketing of products and repealing Regulation (EEC) No 339/93 of 1 December 2011 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 repeal­ ing Council Decision 93/465/EEC Directive 2001/95/EC of the European Parliament and of the Council of 3 Decem­ 2016 ber 2001 on general product safety Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, 2012 regulations and administrative provisions of the Member States concerning liability for defective products Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 2015 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 Council Directive 80/181/EEC of 20 December 1979 on the approximation of the 2015 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 Parlia­ ment and of the Council 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 Febru­ 2017 ary 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 Directive 2014/29/EU of the European Parliament and of the Council of 26 Febru­ 2017 ary 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of simple pressure vesselsL 313/32 EN Official Journal of the European Union 19.11.2016 Regulation (EU) No 305/2011 of the European Parliament and of the Council of Full approximation: 2015 9 March 2011 laying down harmonised conditions for the marketing of construc­ tion products and repealing Council Directive 89/106/EEC Directive 2014/30/EU of the European Parliament and of the Council of 26 Febru­ 2017 ary 2014 on the harmonisation of the laws of the Member States relating to elec­ tromagnetic compatibility Council Directive 89/686/EEC of 21 December 1989 on the approximation of the Review and full approximation: laws of the Member States relating to personal protective equipment 2015 Directive 2009/142/EC of the European Parliament and of the Council of 30 No­ Review and full approximation: vember 2009 relating to appliances burning gaseous fuels 2016 Directive 2000/9/EC of the European Parliament and of the Council of 20 March 2015 2000 relating to cableway installations designed to carry persons Directive 2014/34/EU of the European Parliament and of the Council of 26 Febru­ 2017 ary 2014 on the harmonisation of the laws of the Member States relating to equipment and protective systems intended for use in potentially explosive atmos­ pheres Directive 2014/28/EU of the European Parliament and of the Council of 26 Febru­ 2017 ary 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 Coun­ cil Directive 93/15/EEC, a system for the identification and traceability of explo­ sives for civil uses Directive 2014/33/EU of the European Parliament and of the Council of 26 Febru­ 2017 ary 2014 on the harmonisation of the laws of the Member States relating to lifts and safety components for lifts Directive 2006/42/EC of the European Parliament and of the Council of 17 May 2015 2006 on machinery, and amending Directive 95/16/EC Directive 2014/32/EU of the European Parliament and of the Council of 26 Febru­ 2017 ary 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of measuring instruments Council Directive 93/42/EEC of 14 June 1993 concerning medical devices Review and full approximation: Council Directive 90/385/EEC of 20 June 1990 on the approximation of the laws 2015 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 devices19.11.2016 EN Official Journal of the European Union L 313/33 Council Directive 92/42/EEC of 21 May 1992 on efficiency requirements for new Full approximation: 2017 hot-water boilers fired with liquid or gaseous fuels Directive 2014/31/EU of the European Parliament and of the Council of 26 Febru­ 2017 ary 2014 on the harmonisation of the laws of the Member States relating to the making available on the market of non-automatic weighing instruments Directive 2014/68/EU of the European Parliament and of the Council of 15 May 2017 2014 on the harmonisation of the laws of the Member States relating to the mak­ ing available on the market of pressure equipment Directive 2014/53/EU of the European Parliament and of the Council of 16 April 2017 2014 on the harmonisation of the laws of the Member States relating to the mak­ ing available on the market of radio equipment and repealing Directive 1999/5/EC Directive 2013/53/EU of the European Parliament and of the Council of 20 No­ 2018 vember 2013 on recreational craft and personal watercraft and repealing Directive 94/25/EC Directive 2009/48/EC of the European Parliament and of the Council of 18 June Review and full approximation: 2009 on the safety of toys 2015 Directive 2013/29/EU of the European Parliament and of the Council of 12 June 2017 2013 on the harmonisation of the laws of the Member States relating to the mak­ ing available on the market of pyrotechnic articles 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 2015 packaging and packaging waste Directive 2010/35/EU of the European Parliament and of the Council of 16 June 2017 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 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 2017 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricyclesL 313/34 EN Official Journal of the European Union 19.11.2016 3. Wheeled agricultural or forestry tractors Regulation (EU) No 167/2013 of the European Parliament and of the Council of 2016 5 February 2013 on the approval and market surveillance of agricultural and for­ estry vehicles Directive 2008/2/EC of the European Parliament and of the Council of 15 January 2016 2008 on the field of vision and windscreen wipers for wheeled agricultural or for­ estry tractors CHEMICALS 1. REACH and REACH implementation Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 2019 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 Di­ rective 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC Commission Regulation (EC) No 440/2008 of 30 May 2008 laying down test 2019 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) 2. Dangerous chemicals Regulation (EU) No 649/2012 of the European Parliament and of the Council of 2017 4 July 2012 concerning the export and import of hazardous chemicals Directive 2012/18/EU of the European Parliament and of the Council of 4 July 2021 2012 on the control of major-accident hazards involving dangerous substances, amending and subsequently repealing Council Directive 96/82/EC Directive 2011/65/EU of the European Parliament and of the Council of 8 June 2014 2011 on the restriction of the use of certain hazardous substances in electrical and electronic equipment Directive 2012/19/EU of the European Parliament and of the Council of 4 July 2016 2012 on waste electrical and electronic equipment (WEEE) Directive 2006/66/EC of the European Parliament and of the Council of 6 Septem­ 2013-14 ber 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC19.11.2016 EN Official Journal of the European Union L 313/35 Council Directive 96/59/EC of 16 September 1996 on the disposal of polychlori­ Approximated in 2009 nated biphenyls and polychlorinated terphenyls (PCB/PCT) Regulation (EC) No 850/2004 of the European Parliament and of the Council of 2013-14 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC 3. Classification, packaging and labelling Regulation (EC) No 1272/2008 of the European Parliament and of the Council of 2021’ 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