EBA Lobby & Advocacy Agenda – November 2016

Participation in the Prime Minister’s Economic Council

1. Meetings of the Protection of Personal Data Working Group.

EBA continued to advocate for a balanced regulation in the area of data protection, presenting and discussing the proposals integrated in the EBA Position Paper on the new draft law amending the Law 133/2011 on data protection and the new Law on the Centre for Protection of Personal Data, during several technical meetings with representatives of the Centre. Equally, the EBA Position Paper has been submitted to other important decision-makers such as the Parliament – Committee for national security, defense and public order, Committee for appointments and immunities and Committee for economy, budget and finance, the Government – Prime Minister’s Office, Prime Minister’s Economic Council and Ministry of Economy. Even though some proposals to improve the draft law have been accepted, more has to be done in this regard by the decision-makers, as the main concerns relating to extended control functions of the Centre, individualization of sanctions and the excessive amounts of fines put the activity of all personal data processors, especially the business operators at high risk.

2. Meeting of the Elimination of constraints Working Group to discuss new amendments to State Inspections legislation.

During the working group meeting, EBA expressed its concerns over a new draft law initiated by the Office of the Prosecutor General amending the Code of Criminal Procedure and the Law 131/2012 on state inspections, aiming to assign to all inspection authorities covered by Law 131 on state inspections, certain functions that are specific to law-enforcement bodies, such as capture perpetrators, seize material evidence, summon persons, assess damage and perform any other urgent actions. In EBA’s view, the proposed amendments distort the purpose of the previously initiated reform on state inspections, which is focused primarily on prevention, where the role of inspection bodies is to guide, assist and advice the entrepreneurs in ensuring compliance with the rules and regulations, instead of sanctioning and punishing. Therefore, EBA requested for the draft to be withdrawn and revised accordingly.

3. Meetings of the Working Group on Labour Code amendments.

EBA is part of a new working group focused on providing the necessary amendments to the Labour Code with the purpose of improving the framework if the area of labour in order to make our country more attractive to investors. The reform strategy will comprise the most urgent aspects of the Labour Code that have to be improved. To this end, EBA has developed a Position Paper including the most important issues to be addressed, such as dismissal, maternity leave, termination of the individual employment contract, review of internal aspects regulated by collective agreements etc., and is actively engaged in discussing these proposals with the Ministry of Labour. 

 

EBA Sector Committees Meetings

1. Meetings of the EBA Environmental Committee.

Under the EBA Environmental Committee meetings we examined the revised version of the draft Regulation on Packaging and Packaging Waste containing the accepted recommendations from the EBA Position Paper on the Regulation, and discussed further improvements together with producers and importers of packaging, and local and international experts in charge with the drafting of the Regulation.

Also, we touched upon the impact on the local producers and importers of packaging of a new draft law amending the Law 1540/1998 on payments for environmental pollution, which provides for the setting of a new mechanism for collection of environmental payments. In this regard, EBA developed a Position Paper addressed to both, the Ministry of Environment and the Ministry of Economy.

2. Meetings of the EBA HR Committee.

The EBA HR Committee has worked extensively during several technical meetings on improving, streamlining and providing sound argumentation to support the most relevant proposals included in the EBA Position Paper on amending the Labour Code, which are being discussed on the platform of the Prime Minister’s Economic Council working group focused on Labour Code amendments.

 

EBA – Parliament Dialogue

EBA took part in the meeting of the Committee for Economy, Budget and Finance, in which the Tax Policy for 2017 was discussed.

Furthermore, EBA took part in the meeting of the Committee for National Security, Defense and Public Order, where the draft law amending the Law 133/2011 on data protection and the new Law on the Centre for Protection of Personal Data has been examined, in order to present and advocate for its position on the draft law included in the EBA Position Paper previously sent to the Committee.

 

EBA – Ministry of Economy Dialogue

The potential consequences of fiscal and costs nature upon the producers and importers of packaging, deriving from the new amendments to Law 1540/1998 on payments for environmental pollution establishing excessive tax rates, have been discussed at EBA’s request, during a joint meeting with the Ministry of Economy, Ministry of Environment, Ministry of Finance, Customs Service and representatives of packaging importers and producers in order to identify reasonable solutions.

 

EBA – Ministry of Finance Dialogue

EBA participated in a meeting organized by the Ministry of Finance, in which it presented its proposals concerning the amendment of the structure and content of financial statements forms. This session was realized in in the context of the implementation of the Association Agreement and the EU Directive on annual financial statements, consolidated financial statements and related reports of certain enterprises.

In addition, EBA took part in the signing of the Memorandum to introduce and develop the electronic public procurement system “eAchiziții”. EBA is supporting the implementation of the e-procurement system in Moldova, and is encouraging an imperative upgrade of the IT Infrastructure and relevant legislation in this regard, to ensure a transparent and accurate functioning of the system.

 

EBA – Customs Service Dialogue

EBA is a permanent member of the Advisory Council of the Customs Service of Moldova. More details here: http://eba.md/eng/news/eba-participa-la-edina-organizata-de-catre-serviciul-vamal-pe-subiectul-problemelor-legate-de-export

 

Creation of the Working Group on Dual Vocational Training

EBA is supporting the GIZ initiative in improving the dual educational system in Moldova. The restructuring of the system is imperative, as it is underpinning attraction of foreign investors in the manufacturing industry of Moldova.