Support to the DCFTA Process Project - PowerPoint Presentation

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Support to the DCFTA Process ProjectPresentation of Results28 April 2017

Ms. Tina

Golfi

, Project Team LeaderSlide2

General Information

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ain Challenges in Implementing the DCFTAResponse of the Project – Assistance to Address ChallengesMain Project AchievementsWorkstream 1 – Provide Research and Policy AdviceWorkstream 2 – Draft and Approximate LegislationWorkstream 3 – Capacity-Building and Public Awareness on DCFTARecommendations

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eneral InformationOBJECTIVETo support the DCFTA process in the Republic of Moldova by enhancing the capacities of the MoE and other relevant organizations in the areas of policy design and selection, legal approximation, coordination, implementation, communication, and monitoring and evaluation. WORKSTREAMSProvide Research and Policy Advice to Groups of Officials Involved in Implementing the DCFTA Support Drafting and Approximation of Legislation, Analyse and Present European Body Law, Compare and Suggest Amendments to Moldovan Law Support Capacity-Building and Public-Awareness on DCFTA Slide4

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eneral InformationTARGET GROUPSThe Ministry of Economy (in charge of the overall coordination and monitoring of the DCFTA process)Other Ministries/agencies associated with DCFTA implementation including: Ministry of Justice, Ministry of Finance, Ministry of Environment, Customs Service, National Bureau for Migration and Asylum, National Bureau of Statistics, State Agency on Intellectual Property (AGEPI)Private sector and business representative organisations Civil society organisationsAcademiaPeople of the Republic of Moldova. DURATION: 41 Months (December 2013 – April 2017)BUDGET: 2.8 million EURSlide5

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MAIN CHALLENGES IN IMPLEMENTING THE DCFTA

Ensure necessary reforms and harmonization of MD laws with EU acquis are done in an effective, transparent and accountable manner to boost productivity and to enhance firm-based and national competitivenessImplement an effective public administrative reform, including the introduction of e-governance and management information systems throughout the public sector, to improve governance, to reduce red-tape, delays and transaction costs, to fight corruption and to ensure policy coherence through effective coordination, monitoring and evaluation of outcomes Implement a combined Trade and Investment Strategy to attract Foreign Direct Investment in Moldova, and ensure the gradual integration of Moldovan firms in global value chains Maximise donor coordination which will effectively use offered donor assistance according to needs of line ministries/agenciesLaunch and sustain a communications and awareness campaign that explains clearly the roadmap that will be followed and creates suitable platforms for information exchange and policy dialogue. Slide6

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RESPONSE OF THE PROJECT - ASSISTANCE TO ADDRESS CHALLENGES

A. Establishment of Priorities and strengthening of the coordination, management and monitoring mechanisms for DCFTA implementation  Three main areas of support were promoted:Assistance in completing a comprehensive DCFTA Implementation Action Plan to include all obligations set forth in the DCFTA. These DCFTA obligations had also to be reflected in other related Government strategic planning documents (such as the Annual Plan for Legal Approximation) to ensure coherence.Support to strengthen the coordination and decision-making process regarding DCFTA implementation. The various steps of this process should be part of an ongoing process subject to revisions and updating as needed.  Support for the preparation of the Annual DCFTA Implementation Action Plans. The Annual DCFTA Implementation Plan should also enable the MoE to prepare for consultations with various trading partners. Slide7

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B. Provision of specific policy and legal advice and approximation in key policy areas crucial to effective DCFTA implementation

 Four policy areas of critical importance to DCFTA implementation were identified:Trade in goodsTrade in servicesTechnical Barriers to Trade and Market SurveillanceCustoms legislation and customs procedures  For each of the selected key policy areas/sector, the Project:Prepared a gap analysis which included ineffective administrative or procedural processesIdentified the policy, legal and/or technical priorities to be included in the DCFTA Implementation Action Plans and selectively supported implementation Identified the necessary steps or measures to be discussed with and implemented by private stakeholdersSupported activities of the Working Groups formed by the MoE on sector policy priorities. Slide8

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C. Support for the development of a Donors’ Coordination Scheme

Advice was provided to develop a coherent DCFTA Development Assistance Program:Support for the design and creation of a DCFTA Donors’ Coordination Network consisting of interested bilateral and multilateral donors to improve program and project coordination related to DCFTA Organisation of three Donors’ meetings Support for the preparation and implementation of two Sectorial Council Meetings on External AssistanceAssistance to develop the concept and prototype of a database for external assistance projects, including MoE priorities, future/forecasted projects and status of implementation Slide9

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D. Development and implementation of an ongoing communication and awareness-building strategy

Advice was provided to inform, mobilize and engage in policy-dialogue activities relevant public and private stakeholders through:  Assistance in drafting a Communication and Public Awareness Strategy on DCFTA implementation Advice on content-based questions related to the implementation of the strategy Assistance in organisation of DCFTA policy-dialogue activities with the business community, consumer associations and the wider publicOrganisation of DCFTA-related events with stakeholders and social partners, including the business and NGO communities—by sector and audiences Launched and upgrade of a website (www.dcfta.md) Slide10

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E. Deployment of resources to meet unexpected or ad hoc DCFTA implementation challenges that required immediate response from the

MoE or the Government The Project provided additional resources across its major workstreams to be able to assist the DCFTA implementation process, due to:Multiple challenges faced by Moldovan authoritiesNeed for ad hoc assistance to meet unexpected needs forOverall coordinationSector-specific policy analysisLegal approximationCommunicationSlide11

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MAIN PROJECT ACHIEVEMENTS

Workstream 1 – Provide Research and Policy AdviceI. Established priorities for the implementation of DCFTA: Assisted in understanding the DCFTA obligations (the prohibitions, obligations and the EU Regulations/Directives to be approximated) which is necessary prior to drafting and approximating the Moldovan national legislation to EU lawReviewed the MoE DCFTA Action Plans and advice on necessary amendmentsReviewed and revised the MoE table on overdue DCFTA ActionsAssisted the Ministry of Economy in drafting the annual and quarterly reports on the implementation of DCFTA-Annex XVI - Technical Barriers to Trade, Standardisation, Metrology, Accreditation and Conformity AssessmentSlide12

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MAIN PROJECT ACHIEVEMENTS

Workstream 1 – Provide Research and Policy AdviceII. Supported the MoE Working Groups on sector policies’ development: Assisted MoE to develop a module for organizing the logistics and meeting planning of Working Groups and Sub-Working Groups Supported the organization of Working Groups and Sub-Working GroupsContinued, as an ongoing process, to assist Working Groups and Sub-Working Groups regarding DCFTA-related issues: (Sub-Working Group on Establishment; Sub-Working Group on E-Commerce; Sub-Working Group on Public Procurement)Supported MoE in preparations for meetings of the relevant Association Agreement and DCFTA-related EU-RM bodies (i.e. Association Council, Association Committee in Trade, EU-RM Customs Sub-Committee meetings, et al)Supported organisation of the first meeting of the EU-Moldova Joint Civil Society Dialogue Forum and the elaboration of the Joint Statement to the Civil Society ForumFacilitated participation of Moldovan delegations in numerous visits abroad which allowed them to gain valuable experience and insight from EU Member State counterparts as well as participation in regular working sessions held in Brussels – 23 visits in totalSlide13

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MAIN PROJECT ACHIEVEMENTS

Workstream 1 – Provide Research and Policy AdviceIII. Supported MoE to meet its international obligations under WTO Provided support to Moldova’s Trade Policy Review process, with elaboration of the first RM Trade Policy Report and continuing to provide ongoing supportReviewed the Trade Policy Review (TPR) of Ukraine, which has been circulated to all WTO Members Supported accession of the Republic of Moldova to the WTO International Technology Agreement (ITA)Supported MoE to draft a position on the WTO Trade Policy Review of Russia; Examined and evaluated Russian legislation applicable to and affecting the trade with the RoM Supported MoE on the WTO Trade Policy Review Reports of the United States, Mexico and JapanExamined WTO legal agreements regulating trade remedies, applicable procedures and notification system used by the WTO Member StatesExamined WTO general legal framework for re-negotiations of Moldova’s tariff concessionsSlide14

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MAIN PROJECT ACHIEVEMENTS

Workstream 1 – Provide Research and Policy AdviceIV. Supported design of a coherent DCFTA coordination and implementation system: Provided guidance on the desired structure of the DCFTA coordination system and the need for creating a DCFTA Unit within the MoEProvided on-the-job assistance to the DCFTA officials to coordinate the activities of the Working Groups that would oversee the implementation of legal and policy obligations of the 15 DCFTA ChaptersSupported design of a DCFTA Donors’ Coordination Network to improve program and project coordination related to DCFTA and develop a coherent DCFTA Development Assistance Program Prepared a quarterly reporting template on DCFTA implementationSlide15

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MAIN PROJECT ACHIEVEMENTS

Workstream 1 – Provide Research and Policy AdviceV. Provided ad-hoc research policy and legal advice on DCFTA to selected institutions Supported MOLDAC to become signatory to the EA recognition agreement (EA BLA) during the peer evaluation process; Analysed findings of the EA assessment team together with MOLDAC Supported the Republican Centre for Diagnosis of Veterinary Diseases (RCDV) to “re-obtain” the ISO 17025 accreditation, thus allowing Moldovan honey producers and other animal origin food product producers to export their products to EU marketsSupported the National Food Safety Agency in approximating Moldovan legislation to EU standards on food safety in table eggs for their export to the EUCollaborated with MIEPO and several business associations to implement a survey for producers and exporters and identify the capacity of Moldovan exports to penetrate foreign marketsSupported MIEPO in the concept development and organisation of the Export Promotion and Investment Attraction “Business Week” eventFacilitated the implementation of the Investment Attraction and Export Promotion Strategy 2016-2020 through streamlining the Strategy’s Action Plan, addressing any overlapping or inconsistencies with other Strategies and fostering its M&E system Slide16

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MAIN PROJECT ACHIEVEMENTS

Workstream 1 – Provide Research and Policy AdviceV. Provided ad-hoc research policy and legal advice on DCFTA to selected institutions Assisted National Institute of Metrology and the Consumer Protection Agency in preparation of a list of equipment needs; Examined and reviewed the 2015 Procurement Plan for express-testing for the Consumer Protection AgencySupported establishment of a system for ensuring the traceability of measurements through the assessment of the:functioning of institutions - NIM, NIS, CMACactivities and assets of institutions - NIM, CMACspaces and buildings of institutions - NIM, NIS, CMACnational metrology infrastructure components - NIM, CMAC, legal metrology servicesElaborated impact assessment case studies on the implementation of the following transposed EU Directives: Directive 2014/35/EU on Electrical equipment/low voltage Directive 2014/30/EU on Electromagnetic compatibility Directive 2009/48/ on the Safety of toys Directive 2009/9/ on Cableway installations designed to carry personsSlide17

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MAIN PROJECT ACHIEVEMENTS

Workstream 2 – Draft and approximate legislationSupported Capacity-building activitiesPrepared guide on the legal approximation process, including a checklist for implementation of DCFTA-listed EU Regulations/Directives to be approximated by MoldovaPrepared 2 guidance documents (on legal drafting and AA approximation)Provided trainings on law making and legal drafting for civil servants from the MoE and other Moldovan institutions involved in approximation of EU acquis from AA/DCFTA, using bad/good practice examples from Moldovan legislation Slide18

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MAIN PROJECT ACHIEVEMENTS

Workstream 2 – Draft and approximate legislationII. Assisted approximation in the sectors:i. E-commerce, Electronic Signatures and Electronic Communication Services E-Commerce: Assisted transposing Directive 1999/93 into Moldovan law Electronic Signatures: Assisted transposing Directive 2000/31 into Moldovan law Electronic Communications: Assisted transposing 8 EU Acts into Moldovan law: Directive 2002/21 (Framework)Directive 2002/20 (Authorisation)Directive 2002/19 (Access and Interconnection)Directive 2002/22 (Universal Service)Directive 2002/77 (Competition)Directive 2002/58 (e-Privacy)Directive 1999/5 (Radio equipment/telecommunications terminal equipment)

EU Commission Decision 2008/294 (MCA services on aircraft)Slide19

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MAIN PROJECT ACHIEVEMENTS

Workstream 2 – Draft and approximate legislationii. TBT (Technical Barriers to Trade) Provided recommendations, additions and modifications on the full harmonisation of TBT technical regulation chapters, referring to: placing on the market and putting into service obligations of manufacturersimporters’ obligationsobligations of distributors presumption of conformity conformity assessment procedures general principles of CE marking requirements for conformity assessment bodies requirements for the MoE to recognize conformity assessment bodies andconformity assessment bodies obligations. Assisted in the regulatory impact analyses for the Law on Accreditation and Conformity Assessment and the Law on MetrologySlide20

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MAIN PROJECT ACHIEVEMENTS

Workstream 2 – Draft and approximate legislationTBT (ctd) Assisted in transposing one EU Regulation and 5 EU Directives into Moldovan law:Directive 2014/35 (related to the market of electrical equipment for use within certain voltage limits)Directive 2001/18 (on deliberate release into the environment of genetically modified organisms) Directive 2009/41 (on the contained use of genetically modified micro-organisms)Directive 2009/142 (relating to appliance burning gaseous fuels) Directive 2014/31/EU (regarding the making available on the market of non-automatic weighing instruments)Regulation (EU) No 167/2013 (regarding approval and market surveillance of agricultural and forestry vehicles)Slide21

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MAIN PROJECT ACHIEVEMENTS

Workstream 2 – Draft and approximate legislationTBT (ctd) Reviewed and commented on various Moldovan draft laws:Law on Consumer ProtectionLaw on Accreditation and Conformity Assessment Law on Medical Devices - reviewed and presented proposals and recommendationsLaw on Metrology Assessed the existing Moldova market surveillance system with recommendations for improvementsSlide22

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MAIN PROJECT ACHIEVEMENTS

Workstream 2 – Draft and approximate legislationiii. EnvironmentAssisted the MoE and the Ministry of Environment on the amendment of Law 1540-XIII on payments for Environmental Pollution so as to implement DCFTA Article 195 (prohibition of administrative fees having an equivalent effect to import or export duties and charges) Assisted in transposing 7 EU Regulations and 3 EU Directives into Moldovan law:  Waste Management: Assisted in transposing EU Directive 94/62 (packaging and packaging waste) into Moldovan lawSlide23

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Chemicals:

Regulation 1907/2006 (REACH/establishing Chemicals Agency) – Prepared proposed draft Government Decision required to implement the draft Law on Chemicals including authorisation of chemicals, restrictions on use of chemicals, persistent organic pollutants (Regulation 840/2004) and detergents (Regulation 648/2004).Regulation 689/2008 – Prepared proposed draft Regulation on export and import of dangerous chemicals.Regulation 1272/2008 – Prepared proposed draft Regulation on classification, labelling and packaging of substances and mixtures.Regulation 1907/2006 – Prepared proposed Safety Data Sheet in accordance with EU Regulation.Regulation 440/2008 – Prepared proposed Government Decision on testing methods for chemicals with annex.Directive 2004/10 – Prepared proposed principles of good laboratory practice and verification of their application for tests on chemicals.Directive 2004/9 – Prepared proposed document on inspection and verification of good laboratory practice.Prepared Guidance Document on establishing the Moldova Chemicals AgencySlide24

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MAIN PROJECT ACHIEVEMENTS

Workstream 2 – Draft and approximate legislationiv. Financial Services Insurance Assisted in transposing 4 EU Directives into Moldovan law: Directive 91/643 - accounting requirements for insurance undertakingsDirective 2002/92 - insurance mediationDirective 2009/103 – motor vehicle insurance against civil liabilityDirective 2009/138 – solvency requirements for insurance and reinsuranceSlide25

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MAIN PROJECT ACHIEVEMENTS

Workstream 2 – Draft and approximate legislationv. Company LawJoint Stock Companies: Assisted in transposing 5 EU Directives into Moldovan Law:Directive 77/91/EEC (recast as Directive 2012/30/EU) - applies to SA formation, share subscription and sale, capital contributionsDirective 2007/36/EC – applies to SA (listed) shareholders’ rights, general meetings, processDirective 78/855/EEC (recast as Directive 2011/35/EU) - applies to SA mergers and acquisitions process, transparencyDirective 82/891/EEC - applies to SA division by acquisition, process, transparencyDirective 2004/25/EC - applies to SA takeover bids, shareholders’ rights, supervision process, disclosure. Prepared report comparing requirements of 2 EU Directives on Company Law with key Moldovan laws and made recommendations as to next steps: Directive 2009/101 – regarding documents and information which a limited liability company must disclose Directive 2009/101 – regarding legal framework for single-member private limited liability companies  Slide26

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MAIN PROJECT ACHIEVEMENTS

Workstream 2 – Draft and approximate legislationvi. Horizontal obligationsRight of Establishment:Reviewed Moldova’s DCFTA obligations and assisted the Working Group to undertake analysis of existing Moldova laws as to compliance with these obligations. Cross-Border Supply of Services obligations:Reviewed Moldova’s DCFTA obligations and assisted the Working Group to undertake an analysis of the existing Moldova law as to compliance with these obligations. Temporary Presence of Natural Persons for Business PurposesResearched WTO/GATS requirements for Moldova regarding various categories of persons for temporary presence for business purposes; and prepared comparative tables as to the DCFTA requirements for migration policy and the GATS requirements for five categories: Business Sellers, Contractual Service Suppliers, Graduate Trainees, Independent Professionals and Key Personnel. Several elements were introduced in amendments to the Moldovan Law on Labour Migration and Law on Aliens in the Republic of Moldova, adopted by the Parliament in March 2017. Slide27

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MAIN PROJECT ACHIEVEMENTS

Workstream 3 – Capacity-building and public awareness on DCFTAPublic awareness Cooperated in design of the Public Awareness Strategy on DCFTA and supported the implementation of various events.Initiated a campaign, jointly with the MoE, to inform the population in rural areas about the benefits achieved with the implementation of the DCFTA and the Association Agreement provisions. Organized seminars, report presentations, public debates and discussions, workshops and many other public events related to DCFTA – 36 in total. Topics included sessions on Agriculture, Rules of Origin, Economic and Other Sector Cooperation, e-commerce.Supported relevant publications for Moldovan stakeholders - Trade Sector Briefs, Key Business Climate Issues Affecting Private Sector Development, Quarterly Publications of Moldovan Economic Trends and the Directory of Donors.Slide28

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MAIN PROJECT ACHIEVEMENTS

Workstream 3 – Capacity-building and public awareness on DCFTAB. Information Sharing and Reporting Developed the functional requirements for the MoE for DCFTA Reporting Information System through PlanProDeveloped Users’ manual and a list of Frequently Asked Questions uploaded into PlanProSupported primary data entry into PlanPro (configuration of all users, assigning DCFTA measures to responsible authorities, configuring reports etc) and provided ongoing support and consultations to DCFTA Unit of MoE Slide29

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MAIN PROJECT ACHIEVEMENTS

Workstream 3 – Capacity-building and public awareness on DCFTAC. Website launch Created a user-friendly and interactive website on the DCFTA (www.dcfta.md), to ensure dissemination of accurate information about the DCFTA, to report on DCFTA implementation results and to raise awareness of the DCFTA. Constantly updated the website’s contents regarding the relevant DCFTA procedures, documentation and information for businesses; Ensured website’s maintenance; provided latest news and press releases on the Association Agreement and the DCFTA implementation. Since the launching event (July 2016 – April 2017), the website has been accessed by more than 78,000 unique visitors and has 124,000 page viewswith 30% returning visitorsVisitors are from the Republic of Moldova (54,04%), Romania (10,88%), Russia (9,52%), Ukraine (2,83%) and other countries. Slide30

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Workstream

3 – Capacity-building and public awareness on DCFTAC. Website upgrade For a better understanding of the user needs, the Project developed a users’ questionnaire and accordingly the website has been upgraded:Content Management system:Administration system: Create dynamic multiple page list (like news feed); Change page between menu; Optimize system for input information for word file; Create multiple types of news; Create block for changing, hide, show footer; information, partners, social buttons; Upload gallery direct in pages; manage users with creating some roles; Manage multiple images for banner; Optimize site for better performance; Change logs system for siteNew site editor: Ensure a specialized editor with possibility of administration tables and photosMobile version of the web-siteDeveloped the Mobile version: Designed modifications according to the device type and size; Optimized web-site for mobile phones and tablets; Teste and optimized web-page load for mobile devices Slide31

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Workstream

3 – Capacity-building and public awareness on DCFTANew modules that allow placing new content on the web-site: Online library with filters for searching and showing, including “share”module: Provide filters for sorting material; Ensure possibility for description of posts in the library; Ensure full view of the documents directly at the page; Provide additional parameters like, author, source, size, etc. The electronic library includes more than 100 guides, brochures, informative notes, official documents and studies related to the fulfillment of the AA/DCFTARSS (Rich Site Summary): RSS for news categories; RSS for LibrarySitemap: Ensures the possibility of automatic daily updatingGOOGLE module and indexation: Search through site engine; Search (complementary) with google search engine for better results on the web-page. Search Engine Optimisation (SEO) Placed searched words within images and elements; Optimised titles for better search; Ensured registration of the web-site in Moldova and International web-sources for better visibility.Slide32

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Recommendations

Continued Donors’ assistance will be required to the Ministry of Economy (as the responsible Government institution coordinating the implementation of the DCFTA and the AA requirements impacting the economy) for an effective DCFTA implementation.  Assistance on legal drafting and transposition of EU Directives and Regulations listed in the Association Agreement for the Ministries’ civil servants and Government institution staff members who are involved in drafting/amending Moldovan laws to comply with DCFTA and/or Association Agreement obligations Slide33

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Recommendations (continued)

Assistance to:help Government Working Groups understand the AA/DCFTA obligations in a specific sectorconduct a gap analysis of the relevant Moldovan laws and regulations which would be affected by the EU Regulations/Directives listed in the AA/DCFTA for that sectorprepare a roadmap of the next steps necessary to meet and implement the AA/DCFTA obligations for that sector (including approximation of the EU Regulations/Directives and especially implementation of the approximated Moldovan laws/regulations)Ensure that assistance provided to Government ministries and institutions is also available to Parliament staff members, Parliament Standing Committee staff members and MPs who are/will be working on such topics Slide34

Thank you for your attention

Project Team

“Support to the DCFTA Processin the Republic of Moldova”1, Piata Marii Adunări Naționale, offices 369-370MD-2033, Chisinau, Republic of MoldovaTelephones: +(373) 22 25 05 49; +(373) 22 25 06 64Email: office@dcfta.md