Law on environmental protection

DR~FT LAW ON ENVIRONMENTAL PROTECTION (UNOFFICIAL TRANSLATION) Adopted by Parliament (17 June 1993) bvith unessential correction. Chapter 4 was omited. SECTION 3. SECTION 4. SECTION 5. DRAFT LAW ON ENVIRONMENTAL PROTECTION TABLE OF CONTENTS Art. Page CHAPTER 1. GENERAL PRINCIPLES AND PROVISIONS 1-5 2 CHAPTER 2. THE POWERS OF THE PARLIAMENT, GO VERNMENT AND LOCAL ADMINISTRATION IN THE SPHERE OF ENVIRONMENTAL PROTECTION 6-10 4 CHAPTER J. THE STATE DEPARTMENT FOR ENVIRON MENT 7 SECTION 1. The Powers, Structure and Administration of the State Department for Environment 11-21 7 SECTION 2. The State Ecologic Examination 22-26 12 SECTION J. The State Ecologic Inspection 27-30 13 CHAPTER 4. THE COUNCIL FOR THE QUALITY OF THE ENVIRONMENT 31-3 J 16 CHAPTER 5. THE RIGHTS AND OBLIGATIONS OF THE CITIZENS AND ECONOMIC AGENTS CON CERNING ENVIRONMENTAL PROTECTION J4 -35 17 CHAPTER 6. NATURAL RESOURCES AND BIOLOGIC DIVERSITYPROTECTION 19 SECTION 1. Soil and Geosystems Protection 37-~6 19 SECTION 2. waters and Aquatic Ecologic SvstemsProtection 47-52 23 Underground Protection 5J-57~ 25 Atmosphere Protection .. ~ 58-61 27 Biologic Diversity and Nature MonumentsProtection 62-70 29 CHAPTER 7. THE CONTROL OF WASTE, TOXIC SUBSTANCES, CHEMICAL NUTRIENTS AND PLANT P~OTECTION PRODUCTS 71-80 30 CHAPTER S. IONIZING RADIATION ?ROTECTIOl' 81-05 3.. 2 LAW ON ENVIRONMENTAL·PROTECTION The environmental protection is a national priority which is directly concerned with the life" conditions and health. of .the population;, the 0 fulf;llnient of economic, social and personal interests: of "the society, as well oas the 0 potentials for future steaOdy development of" society. CHAPTER 1. GENERAL PRINCIPLES AND PROVISIONS Article 1. The man'and society relationships with nature are controled by the Constitution of the Republic of :Moldova, the present Law and by the Provisions connected withtheOenvironmental protection and rational use of natural resources of other laws and legislative acts. Article 2. The present Law is a basic legal frame for elaboration of special normative acts and instructions on special problems in the sphe~e of environmental protection with the purpose of: ensurance of a healthy, prodigious and esthetically pleasant environ~ent for all the citizens of the Republic of Moldova; ensurance of the supreme responsibility of every generation to protect the environment for future generationsj ensurance of a wide range use of natural resources, not violating the norms of their endurance, avoiding their exhaustion and odegradation, damage for health, and other unforeseen and unwished consequences; the. soil and underground, water and air protection against chemical, physical and biologic pollution by other actions which violate the natural equilibriu~j the biologic diversity, genetic stock, natural syste~s integrity. preservation, historic and cultural aspects of the national treasure naintenancej the reconstruction of ecologic systems and their coraporienet s I damaged by anthropogenic activity or by natural disasters. are: Articl~ 3. The basic principles of environmental protection (1) the priority of scopes and activities for environmental protection in the frame of economic, social and personal interests o~the society for present and futurej exceptions to this provision are possible only by special decisions of, the· Parliament of the Republic of Moldova; (2) the compulsory observance of the laws on environmental protection, as well as, the corresponding standards and norms and limits for natural resources and energy use and chemical, physical and biologic factors application in resp~ct to environment componenets and for outlet, leaks and stora' of residua, corning from economic activities; (3) the responsibility of all physical and juridical persons 3 of.thestate and "private sectors for the damages to environment in the'past,' present, and future; the pollution prevention, restriction andc'ontrol, as- well as the recuperation of damages to environment and' its components by.' the juridical and physical persons. who admitted them (even unpremeditated or through neglect) ; (4) the admissiop of projecting and putting' into. function of social-economic objects, .of programmes and activities, erivisaging changes .'. 'of the· natural"components only on" the '. basis of environmental leases elaborated by ecologic examination; the design a:nd~l~cing of special soci~l-economicobjects is possible ~nly b~ consulting the population and with its consent; (5) the soil, water, underground and forests use for economic, social arid personal scopes only by paying thE!-taxes fixed by~tfi~ legislation of the Republic of Moldova, the taxes and fines use. for violation of environmental legislation, the means obtained being used exclusively for 'pollution prevention, improvement of environment and its components, restoration of natural resources; the stimulation by taxes privileges of activities for environmental pollution prevention and for restoration of its components; (6) convincing the population .by all possible means of the necessity of a productive harmony between man and environment and of efforts for prevention and exclusion of damage to biosphere and man's health; stimulation of social move:nents' and societies' iniciatives' for cessation of environmentally harmful activities; (7) observance of interstatal and international treaties and agreements, ratified by the Parliament of the Republic of Moldova; coordination of environmental protection legislation of the Republic of Moldova with the legislative principles in this aspect of neighbouring countries, European and World Communities. Article 4. The natural resources - soil, water, underground, flora and fauna,. which are on the territory of the Republic of Moldova, as well as the air and space above this territory are the property of the people of the Republic of Moldova. The right to financial use of all natural resources of the Republic of Moldova is enjoyed by the Parliament of the Republic of Moldova in the nane of its people. The transfer of the right to property a~d to natural resources use to physical and juridical persons does not absolve the users of ec610gic legislation observance of the Republic of Moldova. Article 5. The knowledge on' environmental protection and on rational use of na~~ral resources is a ccmpulscry condition for taking on of administrative functions in all state institutions and local autoadministration. , The minimum of knowledge on environmental protection and on rational use of natural resources ne ce s s a r-: for adn i n.i s t r a t i.ve personnel is stated by the state Department ~ Environment. 4 CHAPTER 2. THE POWERS OF THE PARLIAMENT, GOVERNMENT AND LOCAL ADMINISTRATION IN THE SPHERE OF ENVIRONMENTAL PROTECTION Article 6. The Parliament of the Republic of Moldova (1) adopts gen~ral political principles in the sphere of environmental protection and natural resources usej (2) adopts all the legislative acts on environmental protection and natural resources use (3) approves the national limits for natural resources use suggested by the Government and elaborated together wi~h the State Department for Environment, as well as the restrictions for leaks and release in the. environment and the limits of industrial and domestic waste storage on the territory of the Republic of Moldova, taxes for natural resources use, fines for environment pollution and for waste storagej (4) adopts national programmes for environment inprovementj (5) declares the state of ecologic crisis or e co I'oq i.c catastrophe, establishes the regime of governing the respective zones and the status of the citizens from affected zonesj (6) performs the appointment and discharge of the General Director and the Deputy Directors of the State Department for Environt'lentj (7) considers the conclusions of the Parliamentary Committees on the annuai repor~s of the State Department for Environment; (8) considers the annual reports of the State Department for Environment on the environment quality in the Republic; (9) adopts the national programmes for the environment quality improvement. Article 7. The Government of the Republic of Moldova together with the state Department for Environ~ent (1) implements the policy of the Parliat'lent of the RepUblic of Moldovain in the branch of environmental orotection and ensures the rational Use of the natural resourses, ~enders priorities and privileges for the nature protection activities, activities for recycling and neutralization of waste, nonpolluting economic activitiesj (2) complies the cadastry of natural resourses; (3) adopts decisions on the temporary or final taking out of plots from agricultural usage, on territorie. .0 be forested, 5 creation of sanitary zones,and forest belts; (4) ensures along' with the local administration bodies the activities for biological diversity protection; (5) coordinates.the activities for environmental protection, promoted by the state bodies and local administration bodies;. (6) elaborates and forwards to the Parliament no later than December, 1, of,: every year, annual pr-oqrammes for environment quality improvement;' (7) elaborates measures for ecolologic .crises, and catastrophies prevention, organizes a whole complex of actions for consequences elimination in case of an ecologic crisis, accident or catastrophe; (8) establishes the location and the regime of the republican yards for storage and reuse of production waste, for toxic and radioactive substances storage, as, well as the rules for transporting and buring the said substances; (9) organizes and supports the ecologic training actions, creates the sys t em of ecologic training at all levels of the educational syste;.'\; (10) ensures the foreign relations of the Republic of Moldova with other states and international organizations in the branch of environmental ,protection; (11) - the Government of the Republic of Moldova stands the expenses for financing and material and technical equipment of ,the state Department for Environment and its subdivisions,' for financing th~ state Orders for research in the branch of environ;.'\ental protection and rational use of natural reSburces. Article 8. The Government will demand of the authorities, conducting the economic activities to elaborate and implement, along with the local authorities, with the'researchinstitutions and with the'Environment authorities, programmes and recomandations concerning: (1) the technologic water nec~ssities reduction, the aVOloance of waste and losses 'of water in all the s~ctions ~here it is used, the improvement of the technologic waters recycling: the surface waters dislocation and the pollution of the underground water with chemical substances; (2) the energy economy, the maximal efficiency of its use, the reorientation of the energy policy towards its local and decentralised production giving prefe~nce ~o restorable energies; 6 (3) the improvement of the technics efficiency for noxious air. evacuation reduction into the atmosphere, the cessation of chlorine fluorine carbonates use, the atmosphere pollution reduction with sulphur oxide, nitric oxide, volatile organic compounds, "the reduction of the noxious products coming from the exhaust gases,' noiose and vibration reduction in conformity with the international agreements in the problem; (4) the imple~entationof actions and elaboration of economic instruments for waste diminishing through an efficient use of raw materials, through the toxic, corrosive, imflanmable agents use reduction or their substitution with alternative lnnocuous substances, through getting a durable end produot~ through recycling the products. Article 9. T~e municipal, regional (districtual) authorities along with the local authorities responsible for environment and health (1) ensure t~e observance of ecologic laws in force; (2) approves along with the authorities for environmental protection and natural resources protection the limits for natural resources use except the limits of national importance, the limits for emissions and leaks into the environment, except the ones that are not on.the territory of the region (municipy), limits for industrial and dcraes t Lc waste storage on the territory of the region (district), minicipy; (3) look a:ter the activity of the municipal (district) sections on the territory of the region in the branches of storage and processing of domestic and industrial waste, building and function of equip~ent for residual waters purification, securing the necessary dev~ces for arresting and neutralization of noxious substances, preve~tion and correcting the soil shifts, -errosion, saliniation, co~paction and pollution of soil with chemical nutrients and p e s t Lc i des , rational use of pastures, the distribution of plots for ensurance of the necessary surfaces of forests, for forest belts and green spaces creation; (4) found and conduct the reg iona 1 (raun i c i pa L) ecologic extrabudgetary funds for ~nvironmental protection; (5) organize the elaboration and realization of ecologic districtual, regional, rninicipal p~cgra~s, wcrks for ecolcg~c reconstruction and restoration of the natural equilibrium in the zones affected by man's activity; . (6) declare som~natural eco Lcqi c a~d ,landscape monuments as bel:;; protected z::nes~f the regl.on (mun.:.cl.PY) i (7) supplies systematic and rapid i~ :cation for the 7 population, institutions ans organizations about the .state. of environment in the region (municipy); (8) help to educate and inform the citizens concerning the problems of environmental protection and rational use of natural resources. Article 10. The authorities of the village, town (municipies) along with local authorities responsible for environment and health (1) ensure the observance of ecologic laws which are in force on the territory of the village (town); (2) approves along with the authorities for environmental protection and natural resources the limits for natural resources use except the ones of regional importance, the limits for emissions and leaks into the environment exceot the ones which are not on the territory of the village (town), the limits of foamic pollution, the limits of domestic and industrial waste storage; (3) grant priorities and privileges to the nonpolluting economic closed cycle activities, stops the planification, building and functioning of enterprises which have no environmental authorities lease; (4) state the boundaries for domestic and industrial waste storage, for storage of building waste, scrap met a L, different chemicals, organise their function, state the location of cemetries for animals, for accumulation, processing, use and neutralization of nonrestorable residues on the territory of the village (town); (5) ensure the building and function of purification plants with the parameters fixed in the laws for domestic residual wuter, take care of providing equipment and devices for preliminary purification of residual water for detaining the noxious substances coming from the activity of economic units on the territory of the village (town); (6) ensure under the guidance and control of the environmental protection authorities the i:::ple:::e:1t.at.ic:: of t:'e actions for soil errosion, shift, saliniation, compaction protection and correction, as well as for the protection of soil pollution withche~ical nutrients and pesticides; {7} dist~ib~te the plots f~r fcresti~g, organize the wide~ing and maintenance of forest belts, protection belts of trees and bushes, green surfaces, as well as green fences. CHAPTER J. THE STATE DEPARTMENT FOR ENVIRONHENT SECTION 1. THE POWERS, STRUCTURE AND ADI-1INISTRATION OF THE STATE DEPARTMENT FOR ENVIRONMENT B Article 11. The state Department for Environment, (further the Department), is the central body, which is. directly subordinated to the Parliament of the Republic of Moldova and has prior authorities in the problems of environmental protection and rational use of natural resources. ". Article· 12. The Depar~ment . works in conformity with the Constitution of the Republic of Moldova, the present law, the Regulatins of the Department approved by the Parliament and other laws and normative acts of the Republic of Moldova. The Department is a juridical person, has accounts in the Banks of the Republic of Moldova, including hard currency accounts, a stamp with the state Emblem of the Republic of Moldova and its name. The"budget of the D~partment ~~nd its general directories are approved by the Parliament of the Republic of Moldova. Article 13. The Department implements its tasks, functions and scopes itself or through its subdivisions. The Decisions of the Department, adopted 1n the limits of its authority, are compulsory for all ~inistries, departments, local authority bodies, military units, fo= all juridical and physical persons. Article 14. The Deaprtment is the exclusive person to do the state ecologic exa~ination, adopt normative acts connected with the quality of the environment and rational use of natural resources elaborated by other ministries, departffients, local authority bodies. Article 15. ~he Department forwards to the Parliament up to December, 1" of the current year deta i led annua 1 reports on the quality tif the environment at the national scale and on its own activity; the Department also presents along with the Government up to December,l, of the current year, an~ual programmes for environ~ent q~alit: improvement. The Departrr.e:1': may also present at the s arne tine its own prograrnnes for environment quality improvenent. Article 16. 7he main tasks of the Department are: (l) the state control of the quality of the environment and its components, of the observance of the ecologic legislation and international conventions in its authority, the elabcration and promotion of activitiei·aimed at the diminution of man's pressing on e=osysta~s, bi~:ogic dive~sity and healch of the population, prediction of possible. ecologic crisis, catastrophies; (2) the organisation and ensurance of the integrated ecologic monitoring functioning; (3) the inventorization of the natural resources, their use limits setting along with the Government, so as to satisfy the 9 economic: and social necessities of the present generations, the elaboration of, the limits for resources' use, limits of leaks and emissions into the limits of industrial and domestic waste storage; and future the natural environment, (4) the protect~onof landscapes of the Republic of Moldova, its natural ecosystems, monuments of nature of scientific, educational and historico-cultural importance; (5) organization and coordination of scientific research on ecologic problems, the elaboration and promotion of the activity for the diminution of man's pressing on the biosphere and health of the population, the elaboration of programmes for restoration of degraded ecosystems, the organisation of lecturing and recycling the personnel in the ecologic branches; (6) the inventorization of state f cre s t; resources of the reservations, national parks, teritories, which according to the laws in force are designed for nature protection; (7) the c~eation and inventorization of the ecologic (financial) republical fund; (8) the generalization o( the ecologic laws application, of the elaboration of the law drafts in the ecologic branch; (9) the publ i c opinion information about; the state of the environ~ent, the p~omotion of ecologic kno~ledge. Article. 17. In order to fulfill its tasks the Department (1) is the sole body to implement the state ecologic examination, approve the normative acts, which are concerned with the qual i ty of the'" environment when using natural J;esources, elaborated by the ~:nistries, depart~ents and local ad~inistrative bodies; (2) works in state committees for placing and putting into action the industrial, administrative, housing and oth~r units; (3) grants and cancels niases for importing, 'storage, transportation, use and buring 0" he territory of the Republic of Moldova agricultural chemicals. i dustrial and domestic waste; ( 4 , e v ~ "" ; - 0 c: ~ ~ 0 a ,... ~ ~ ",....". r(~ .a.. - - ~ ~ \.0, - , - ::. do ..... S 0 F 5 ~ ~ ... e bodies, J ent,,;~-p~·i;es-:·-. or-g¥a"'n·ts¥;tionc~'" '-a~nd'-'"- i~'~~i ~~ti~~s ;n '-~he territory of the Republic of Moldova, bearing connection with the environemntal protection, use and restoration of natural resources, ecologic legislation observance; (5) demands from state bodies, institutions, enterprises, organizations of the Republic of Moldova the necessary information 10 on the state of the environment, use and restoration of natural resources, implementation of actions for environmental protection as well as demands the state bodies, institutions, enterprisesand organizations to forward to the Department all the information they have on the said problems free of charge and unconditioned; (6) engages scientists, specialists from state bodies, enterprises, organizations, institutions in their work for state ecologic control and environmental protection programme elaboration; (7) creates technical scientific boards, committees, summons conferences and meetings for the examination of ecologieproblems, elaborates recomandations for their solution; (8) stops and fobids the designing, building and rebuilding of industrial, agricultural units and other kinds of units designed for social welfare, works for natural resources exploitation and other works if they are implemented by way of violating the ecologic laws of the Republic of Moldova; (9) demands that the leaders of state bodies, enterprises, organizations, institutions take disciplinary measures on account of those of their employees, ·who have violated the ecologic legislation, passes in case of necessity the corresponding materials to the respective jUdicial bodies for initiating a process; (10) initiates processes against state bodies, enterprises, organizations,· institutions, physical persons, which have caused damages to the Republic of Moldova by environ~ent pollution or non rational use of natural resources; (11) analyses t.h e trends and state of fcreign e nv Lr.cnrne n t a I protection activity, sums up the international practices i~ the sphere; (12) conducts the preparation of international contacts of the RepUblic of Moldova concerning the ecolcgic proble~s solution and natural resources use; maintains in connections Ln' problems (13) establishes and legislation in f orce the international organizations authority of the Department; confor~ity with the with other states, ..'h i ch are wi thin the (14) undertakes other actions which arise from its scope, functions and tasks, Article 18. The Department is adm l n i s t e r eo by the Ge~e~al Director confirmed by the parliament at the suggestion of the Chairman of the Parliament. 11 The general Director (1) proposes his deputies for the Parliament to confirm them, nominates and discharges the leaders of other subdivisions, approves within the limits of its authority the structure of the personnel and the salaries of the staff of the Department, signs the financial and other documents, approves the Regulations of the Department's subdivisions; (2) approves the Regulations of the Red Book of the Republic of Moldova and other states, reaches with the acceptance of the Government of the Republic of Moldova contracts with the central bodies of environmental protection organizations of other states; (3) forwards to the Parliament up to December,l of the current year, beginning with 1993, detailed annual reports on the quality of the environment and its components on the Republic of Moldova on the whole and on individual zones and its proposals for the Government anc the Parliament. Article 19. The General Director of the State Department for Environment has t~=ee deputies, nominated by the Parliament at the suggestion of t~e General Director; the first deputy is simultaneously the Chief of the State Ecologic Inspectorate and the other two are si::-.ultaneously Chiefs of the General Diecteries "Forests" and "Hyc=ometeo". Article 20. The Board of the Depa=tment is a consultative body, adrn i n i s t.e r e d by the General Director and consisting of 7 persons, namely, t~e General Director, his deputies, the Director of the Ecologic I~stitute, the Chief of the Ecologic Examination Directory arid the Chairman of Counsil for env i r cnme nt; quality. The Boa=d of ~he State Department for Environment (1) holds i~s sessions in conformity ~ith the an~ual plan 0: its activity at least once in two months with the presence of at least five members of the Board, examines the problems, revealed in the provisions of Articles 14-17 of the.present Law, the problems dealing with the activity of the Department's' subdivisions, proposals concerning the state of the envir=~~ent, fo~~arded by the cotinsil for - Environment Quality, political parties and social organizations, examines the annual reports on environment quality and annual progra~mes for environment quality improvement; {2} a~~pts i~ the li~its of its authc~ity decisions, whic~ are to be put into practice by Orders of the General Director. The Decisions are adopted by simple majority of the Board members. If a member of the Beard disagrees with the adopted decision, he may apply to the superior bodies of the Depart~ent; the General Director may take ceci~ions that disagiee Hith these 0: the Eo~rd, but in such. cases he must inform the superior bodies of the 12 uepartment about h;c ~ecisions. Article 21. The structure of th~ Ocpa~~~ent i~clu~es ~e~eral Directories, Directories and Sec~iQns. (1) The ~ain Directories of the Depart~e~~ o;.e: the ~s~lcgi~ State Insoectorate, t.he General Directory "~lcldsilvia" a:,j the General D{rec1:ot"y IHidt"9meteo". The Ge!,C'ri'\~ Director'..~~ r.ave t:>~ status of juridical persons, st~~ps with the Sta~e Ernb~e~ of the Re pu b Lic of t·~oldo'Ja, may have a,::'::OU:',+-'5 in ba nk s , ha r d cu r r e ncv accou~ts ir.cl~ded. (2) T~e s~t"uct~re of local Directori~s and Se~~i0n3 of th2 Departmen~ is established by the Regulatio~~s of the De.?;Jr:::ne~t. SECTI,J~; 2. s-:-.:-::-:: ECOLOGIC E":J\~lIn;'.TIC'~; Ar t i c l e 22, Th: State Ec o Loc i c Ex arrLne t i o n (i:-, thE: zo Ll ov i nq Examinaticn) is an a r t i v i t y for 12~·.. i r or-ncr.t c ; p r ot.e c c i c r; ',:hi(;:: i s in the exclusive aut r.c r i t y of the Sr.<lte Depar:.:"e"t r'.'c ::;:",::'r:J ...,:~,ei~7, with the purpose of ~ini~izi~S ~h~ possibl~ (iil-8=~, ~~dlre~~ cr c~~u~a~l~e t.he nc, e c o nom i c a c c i vi ti c s C~ ":.he e nv i r c r.me n t . i:.:.~ b i o l c.q i c systems, thE he a l ~h c·f ~:;e PC::;~l:~'":i':):; (1 ) i np a c t; of ccnponents, ( 2 ) t!":. e e ':;:: : '.;::l t ion f r c:;: v .i. co..:!= 0 i !: ': c r L.he i:-::?a c:' . , , environ~en~ ·o~ the c~~~ent econcric activities, takQ~ seoa~~~el·.· O~ a s a wh c l e , wh i cr; :7'.i:,;=-:t affect t:it::; (:!1Vi\('.:i2'~~;:, ::~~ ~r:·a~::": cf·~;;·-:­ people 0:- the Li v i r c s t andc r d 0: t:-,c:: p6p' !1i!':'"C'r~ ~-: !'l .... S:-:;~·: r ,'- ,., future. t:,rticle 21...:.. Tr.·:; E:-:c:min..a t i or: ~-J LI·...:inrJ ;->:=:~>:,~~::,.,":.~: .;...~~: -.~.: ,J ~('".:~::. of no mere t r.e n t.n r e e ~.ol:ths by thc: E(;c:;'0Cj::".' ~::'l:':-; c;.:;'"'(·r: So ',·,.'ho ~I~\"~' h i cb e r ed:..l'::2::.io:i a:"ic crec t i cu l e xcc r i e nco i r. :!~i= s::<·.~'!:"2 .:: ~l:: ~'::~~ than ten year's; t r.e S~3tle Esolc-:::l~' c~:~,"~'~':'~' ..~::-,::: ::-",s;'c~:::i::':C'" C':):- 1::',-: c o r r e c t e va l u e t i on c ; the d o c ur.e rt e: . :-r~~ :~:.:t:':';~:·~' ,.,: 7:".h:.: :-c:jr'\~-:~. tha laws observa~ce. .h.!:'ticle 2... S',:O:J8Ct to c or.pr l s ory C:):~7·.:..r:;~:'~~~ "C'? the 1:8'..: programmes a~d d~af~~ Ec~ (1) e co nora i c c,~,j social d cve Loprrc n t c ; the: j~c;;·.::)l.ic c,: Holdova, separate ZV:-.~S, t o:...':1S, re=jiGris (d i s t r i c t s ) . v i Ll zq e s :-:;: heat, water, gas, e:ect~icity .supply. and sys t ems for se',,'e ra-::: (0 , u r cc n i srn 0;;..:1 p:.j:'·l.ic '=:·2::'V.l.C8S anc 2.::iej":~.~1.85 -J: t e r r i t o r i e s : (2) bu i l d i nq , e;.:tJ~r!SiOI~, r cc or.s t ruc t i cr. e n.l ::;c-clcrr.i:<\tian c f eC0no~ic a~d soci31 ~~its • ~usep:ib}e to a~fect the envi::-onrnent, independently c: t~eir loca~icn. flnnn~e 5curce. ~~c~~t cf i nv e s t rae n t . ow ne r s h i r; ty[j'= 0" b':; td~:"~ ~",: ! '::;'.::r-::"-':-:'; 13 (3) building roads, railroads, naval routes, works providing reconstruction of water courses and hydrotechnical building of water courses, irrigation systems, dams, drainage systems; (4) exploration, prospecting, exploitation and use of natural resources of the underground, service of littoral zones and exploitation of different natural resources; (5) creation of vineyards and gardens in zones with water protection regimes; (6) fabrication, selling and use of toxic products, the ones for phytosanitary, agricultural and silvicultural use included; (7) performing phytosanitary activities in zones or plots with protection regi~es; (8) importing or exporting toxic prod~cts, as well as their transit over the te~~itory of the Republic of Moldova; (9) placement or equping storage places for toxic waste and residuals, as well as building or placement of installations for their processing, ne~tralization or destruction; (10) any othe~ activities that ~ight affect the quality of the environment. The approval of the programmes and projects in conformity with (1)-(10) of the present Article, the permission for their financing and realization is possible only in case of positive report and with the observance of the Exa~ination reco~andations. Article 25. -r:,e clients present the projet documents for examination in confc~~ity with the norms anc require~ents in force, the agreement on e:e p Leceme nt; and t.e chn i ca I equ i praent; of the object on the part c: the local adr.\inistration bodies, st&te bodies and the concerned c~ganizations, as well as the approval of the state control and s~pervision bodies from tte list app~oved by the Government for econc~ic activity of this kind. Article 26. T~e exami!1ation of the $~t~at~ons described in item 2 of ~rticle 22, as well as that of any object situated on the territory of the Republic will be performed at the initiative of the state Depart~ent for Environment, other ministries and departments, social organizations. SECTION 3. THE STATE ECOLOGIC INSPECTION Article 27. The State Ecologic Inspection has the function of performing the s t a t e control on the Laws and normative acts observance in problems of environmental pro t ec t i cn a nd natural resources use. l.:~ The state eco:c;ic inspectic~ is performed b~ c~e ~rincipal ecologic inspector, superior s~atc ecologic inspectors,. S~3~C ecologic ins~ectors, local (zonal) principal esologic inspectors, local superior ecologic inspectors and local eco~~sic ins~ect~rs. The pri~cipal s~ate ecologic inspector :~ ~~e chief cE t~0 state Ecologic !ns::~ctorate a r.d r i r s t Dcpt:ty of th~ cerie r o , Director 0: the DcpZl:-tmentj the 10::'11. s upc r i cr ccoLc q i c i nspe c t ors are chiefs of zonal agencies of t~e Department; the superior s~atQ ecologic inspectors. the state ccologic inspectors d~d loc~l ecolog ic inspectors are emp Lcyee s ot tr.·: Dep:1rt:""e:1t a,,·::. r e spec t i ve Ly , of t r.e cc r r e spor.d ino 1(;c31 s t rc c t u r e s , if,!'~ conformity '... ith t r.e i r education a r.d c c r t Lf i cc ti on ': ;,~~.: C:"':'~ qualified to get the position. ~.rticle .t.~-:- T:~-:: principal st.;:t"e: o cc l oc i c i n s p e c t c r c~d 'the I cc a l superior e co Lc r i c i ns pe c t c r sa nct • ·...h e n :::~'\~.: d!.:e a c s e r.t , t n c i r deputies, have the right (1) to s~cp a~ th~ii own initia~ivG C~ a~ ~he S~?;~s~ic~ Qf the local adrai n i s t r e t i on bodies, any ac t i v i t y , if i c ccr.t r ed i c t s the legislative nC~~5 of environe=n~~l prc~ec~ion; (2) to fo~~a~~ demands fo~ paying fcr the da=392s ~o na~ure as a result: 0: envi r oriemrrt a I pc l-Lu t i c n a:1G r;:Jr'.-:-a:.ior-.~:' use 0: na t u r a 1 r e s ou rce s . :'0 e nt.e r p r i s e s , i ns c i tu:. .ic ns , orc an i za t i or.s . juridical e n t c hvs i c a I persons, ECC8~r:i:1 c it i ze ns i,,(..~l'jd~:::; (3) t o ::~~.c:-;~ :.h:1t th12 r«;r>~'::t1~·.'e l:c,:lie::.- :',·.1::~ ci~~-:'p:i;",::!""·:· measures or, C':COL::""'.: of Le ad e r s . \.o"i"r hd'.: !:,::il.~~ :.:> e r s:....r e t.~,,:: ecologic la~s oh5e~·.·3nce and tc ~c:'[cr~ t~e ~c~i~.·~:i2~ r~cess~~~· for e nv i r cnrae r.ta t p r c t e c c i cn , E\~ ·.-:(:1:' .,!~ +:i~o::·::, ·...·:..... t: ::::<--::.' -: (~"';S\..·-€··-~ rational·use c~ na~~~al resourc~~; (-j) v i o La t i or. 2lI;C t o r c e ; '. ".; ,~:~ - ; - . " . - ' 4 ."\ .:. ~ r: (5) tc C:e::1ar.c ~::e nank s to s:c'!) lil~":"~~:-.·l -, Co ·:~·.::i·,';~ies lh.,·~ contradict the ecol:~ic legisl~~ion; The General Dires':orate of t~e n~pnrt~e~t, wi~h ~he c~nsen~ ~~ the Beard of the De;?rtnent, ha s the r i qr.t; tc 5':0? or cancel t nc orders of the p r i nc i pa l state e co l o-j i c i r s pe c t o r , t~e pr i nc i c a ; state ecologic i ns pe ct.o r has,the ri.gh~ to s t cp c r c a n ce I t~c or d e r r of the local p=in~i;31 ecologic lnsv~~tor. l\rticle 29. -:::.:: superior s t a t o e co l co i c :::si 'cc~·~.rs, S:C'.~.,:: ecologic inspe::tors, local supe~i0r cc01oqi~ i~3f~~~C~s a:;J 10c2! ecologic ins!=lcctors ~ave th~ rig~t ( 1 ) 1;0 d ep a r t men t to '..i:-lich . - pe r t a i ns and or t.h e tc r n 0:: i t s r::·::::ert}· C" the territory of the ~cpublic of ~old0va .in case of ~ome ~ctivi:.y or situation, !"!hic:-. is suspected ·t.o hi\'!C! s orne i mpac t on t r.o environnent or its c=~ponents; (2) to s t.op ar.:: inspect a ny ::1e?ns of technical rr.eans in c~sc of environrr.cnta1 violatio:: or actions. suspected to affect natural resources; t r a nspo r t; or- a~o,! o"C.Lc:: pr o t e c c i on lesislat.i0:~ the. e nv i r''Jnm~:::' O~ thl' (J) t c d e r.a nd t:-o~ officials t o 5~O·...• t n e C°,:.c'...l:::e:l'ts f c r e s e e n by the legislat.io~ on tte right to use the specific na~ural ~Gsourc~s: (q to de t a i n :':-.8 persons qu i l t y of cn·:ircnrnent3~p~"'t.ec:.i(',:~ legislation v i o l e t i c-; and, if nece s s a r y (f o r the i d e nr.i f i.c ati on of the p e r s on ) t o tc?::·:~ the:n to the: nc ar e s t; pc l l.c e s t a t i c n C'~ r.:unicipYi (5) to dra~ IIp s~a~e~s~~s ~lnd 0t~:C= d~cu~e~~son ~h~ e nv i r-onraer.t.a I p r o t e c t i o n 1egis1;::.ior. v i c La t i or- c r o n :::i1i:-.g t c t u l f ill the d e c i s ic rs of the r e s pcc t i ve bod i e s i r. rnct t e r s 0: e~viron~en~al protec~~on, or on f~ilins to sa~isfy th0 r~G~irecen~s stated i~ the :i~e~s~; (6) to ~e~fo~~ :.~e check of rersa::21 h~~o~Sir.ss an~ ~rans~or~ means 0: p e r s c ns , ',::;0 have v i c Lat ed the 1a'..: 0:1 e nv i r onr.errt a I protecticn, c'f ille~~~ly approp~i~te n~tu~~! re$CU~CCS, ~~od~c~s, i ns t r ur.e n t s tc r t rie i r a pp r op r i e t i c n O~: o t he r r.~tt":::- ~o:;!.. e'::::cr.r::c ~!! the p La ce s c f app r c c r i a t i on , p r c c c s s i nq u!~·j r e a l i z a t i or-: ( 7 ) 1:; S ~ : ~ ~ t h 12 n <1 :. ~ :--;1 1 res I: u ': c ~~; , ~; i ~~ ~ ~ 1 t: S 3 : : '/ a P9 repria t; e ~ c: :'0 d s , the ins ~ r .: :". ~ ~I ~ ~~ f 0 r "C:: €; ~ :- L"q:!::-:. :: =- i a :. i.C':1 I t r a n S P G r t. =. ~ i C;. a r.dc:.~. e r I:"II) t. e r i a ; '2'': i d ('.~!::: ~ :.:~ ::..:..:.:.' ~.~ .:.: 8 ro 0.: :. ~:':;:-:-\ e n ': ~ ~. pro t e c t i c r. 1 -= :"'1 :.sl ~ -: ~ ') ~ v i 0 1? ..: i 'j '1 ~ ~, t :..: c: r: ~ :; ~ -2~ 0 t" i t. s a pp ~ 0 p r i a t; i.. '2:-:, s:. C~: ? :: ~, p r oc e s s -: :-':~:, t ~,..::~ I' ',~ pc ::-:. : ~ L::;- ?l -. ~J r c :~ :. . za ~ i ~ r: ; (3 ) s t a t erne n t s t= inv~~~ citizc~s O~ :he e~~~ronmental ,-::,j c Lf i c i a l s ".3 , ' .. ~ (9) to f o r o i c the wor ks != e r f o r med cr: the t c r r ; t c r ies natural rEsetv2~io~s and rnonu~en~5 ~f n~t~~~, "0n ~~ec~.~! ;l~~s, well as in ":a::lpc';:" zones, if t he said wor ks con r.r ac i c t; '.:~0 provisions of the gi~en territoriGs regi~e; fu~~ti0~S i~~le~8~t~~:~~ ~s all physical a~d juridical (10) to get ,,:1 the .i n f c rrio t i o n T1eCGSS.:1=:r' f o r the corrt r o l *..iz: 1 l :~:.:.; t ~I C II ~ c .-: ::; 5 (:.:""i "2:-: p 1 :::. :::~ : i·:· ::s. f l~ c·-": persc~s tre~ of charge; (11) tc e:-:c~::::e the m2te:-ials ab,:~..!:. t.~c ar:~~,ir,~st~a~i~~·::. contraventions in t:-.·2 sphere cf :'2n'/iro~j"'.en~a} ;:ro:'r;c:':.ic;. and .. ..; make the respective ~:ersons bea, t.hC' l"t:~"~Gr.sibilit:y i, t:"" li~,i':. of their authority; 16 (12) to take part in the works of the state corami t.t e e s for putting into func~ion the newly, built or reconstructed units; (13) to perform other actions in the limits of their authority .Ln the sphere of environmental protection and natural resources rational usej Article 30. The ecologic inspectors are to wear a un i r ora while performing their functions; they hav~ a metal stamp and a device for sealir.g of a certain formj they have the right to use the public transport means free of charge in the limits of the stated territory. The state and local ecologic Lnsoec t or s whQ control the forests and water basins are allowed to wear, keep and use hunting and service armSj they may use the arm as a means of defence in conformity with the regulations on the juridic status of the ecologic inspectc~s. The state ar.~ local ecologic inspec~ors must be compulsorily ensured by the sta~e; in case of damage to thei!' property, health, or in case of dea~j while performing thei!' functions all the damage will be restorec. at the expense of the physical and juridical persons responsi~le for the damage. CHAPTER 4. :HE COUNCIL FOR THE QUALITY OF THE E~VIRONMENT Article 31. The Council for the Qualitv of tte Environ~er.t (in the follo~ins Concil) , is a bod~, sUbo!'din~ted to the President of the Republic, formed on social principles and consisting of 25 persons, .who as a result -of their education I experience. and achiev~ments have the necessary qualification fo!' analysing and interpretir.g the intentions to modify the e nv i r onnent; and are conscious of and responsive to the necessities and demands for a durable develop~e~t of the Republic. The chair;nan of the Council, the yice chairm:~ and the members of the Council are nO::linated by the President of the Re pub Li c ; persons employeed by tr:e State Department for E:;vironment a r e not admitted to pertain to the Council. (1) the examination and evaluation of the annual reports, annual programmes for environment quality improvementj the evaluations of the Council are forwarded to the Pa!'liament along with. th~ annual ~epcrts en the environment quality and wi~h ~he annual programmes for environment quality improvementj (2) the elaboration and presentation, at the request of the President of the Republic, of the materials on the environment quality, impact of the' er.vironrnent state on he:lth, or. the tendencies of the relationship between society and e~viro~ment in 1,7 (3) the organization at its own initiative of ~y~posiurns and con~erencest o~her actions in the :;w ..... ronment. rese.:1.rches, sphe::.-e of ,\~·ticle 32. -'The couns i I will be summoned for plenary sessions the' initiative o~ its Chairman, but not seldomer than t~ice a }Qar; the sessions ~=e considered deliberate if not less th~ll 2/3 ~ its ne~be~s a~~ ~resent. ·,1 'i ~rtic!e JJ. The expens~s, necessary for the counsil activity be covered by the Government. Cl!:\?TE"rt 5. T:-:=: RIGHTS f..NO OBLIGATIONS OF THE ...cI':':Z=:::S MID <:C-:lv,UC ~.GE:":7S CO:;:ERllING ENVIRONI-lENTl\L PROTECTION Article J~. :he state grants to all persons the rig~= to a ~ealthy environrnen:. With this purpose it ensures in confcrmity '..: i th the la·.... (1) t~e general and rapid access to the information on the 3ta~c oE the envi=c~ment and health of t11e poptllation; (2) the rigr.t cf the people to create organizations, p~=~ies, ~Qve~ents, associations for environmental protection, to adhQre to ·~"~:e e x i s t Lnc ones; (3) tr.e rig:-.: to participate in the discussions of the: la',: I~·~~ts, of ec~~o~ic and other programmes, 11a':ing direct C~ i:~'2i~ect ::;I".::·:,'.;;:ior. with the environmental p r o t ec t i c n and natur-al r e s cu r c e s .;~;8, t:,e r i qh ; of e ve r y person to Lnf or met i on a rid c on su lta t i cr- '.... h 12II ..!:1C:5io:1s er e ta:·:-::l en UCCOUr'lt of plans to p lace or l>.l:'lc. ·~~;i~.:e:.-p.:-ises, c r u n i t s J I,Jhich degrade the e nv i r cnrae rrt , C~: p r c j e c t s ::cCO~S~::'''':::: "O~ :'0 arne nd the territory, t:,·'2 c r ca r: 2.:-;':: ~··J~:-al ~~c~li:.ies; (~) the right to appEal to state institutions fc:- pos:~oning :inal cessation of the activity of the units and en:erc~ises, ~~:ic~ cause big da~age to the environment, ~he right to dcm~~d the ~~ate ecologic exa~ination of the units with the participation of ':>.~ pCFI...:lat:':'~~, ~:--. .:; ri;ht to ta~e part in the nu o Li c e x am i na c i on i~cluded; • (5 ) in force the right :0 organize in conformitv ~it~ tile legisl~tion national and local re:e~endums for ffiajor er.viron~ent~l , ..... ~--. ~v.:. '-1,".. ':"'-'~: I (6) t~e ris~t to ecologic information, educatio~ and i!1st::-uctioni (7 ) the righ~ of the citizens to 18 ind Lrec t Ly t.hr ouqh 5 :me organi za t ioris , raoverae n t s , p-::.:-',: :.':.: associations, acra i n i s t r e t Lve or j ur Ld i c a L Lns t i t u t i ons '. .' ... cessation of actions, ~hich damage nature, whether t~e.d~~a~r direct or indirect, so ~~at the persons who have connitted 8C~~~::: contraventions or cri~es should bear the respo:;sibility; (0) the r ig':1t ge:. compensa t i on for the d~:n<:l::;~s, t:1'~ ~::}:::: .. to health as a ccns eqc e nc e of pollution and other ac t i cnc '. ,-;-' affect the environ~ent included; (9) the rig':1t tc use the facilities, forseeil b~ the l~~ Lnves t ments 1...0 :'C!-. t~e sc op e of e nv i rcnme n t a l quality ~~LP::C·,..·~:7.::~~:: !'.rticl': 35. obligation of a~' the having the duty :0 '::-.e env i r onme n t a 1 i~habita:;ts of the p rc :'~"':::~.::-I RepL:=·!. ic 0: ~\ ~;.;:--, .:,- ~~ :':':.1 ld ?~::. , (1) c as a r ve t:--,,: ecologic le,;islation arid to pr o tec: environnent, to r a z i c r.a Ll y use the natural r e s ou rc e s , :1C,': ~", violate the rights e r.d inte-rests of other people to ;:<:0'::';:-,= ~ resources, to ooerativelv inform the environment<:ll instit~ti(:-: ecologic 0~..gani;:atici:-,5· about da:7lages to nature, p::oc.-..:.·;;:-:: economic units a~d cit~zensj (2) t c c c nt r i bc ; e to the a r.e nd i riq or t h e t e r r i t o r ie c . create trees ce~ts a~j gree~ spaces and not to ad~:": destruction, not :'0 p~::ute the territory whe::-e they ~~~k a~j :: .. ~. (3) ':~ C=~?2~5~:e fer t~a damag~s a~~ environ~en: w~1e=e ~: ~~~ b8e~ da~a~e~. xr t i c l s persons hc'ioS: l:~its, (li c:;p~::' i c : =:"'.':: :'0 rer:e'd in t:-:e t e r rrs s':a+:e·:! c ,: ~:~~ ,." .l i ce nc e Eo:- e:--;·:i.:-::.:-:·>~:~:- c r na t.ur a l r c s ou r c o c us·~:; (2) 'C.: e::c:-:::::-.':'z-: :~e e ne r qy , 1":=~"'~:--1 n.;; ',:.:. :~ .. ::'"~~::. .'::".:~~ '-~:':::: of soil,soil s~:~:s, s::inity inc~e~sa 0::- sec2~~a~y t=SSi~~ ~~. observe the nor~s of c~~~ical substances use in agricuiture, nc~ admit compactio~ or p:llution of the soil witfi che~ical n~:ri2~:~ or pesticidesj (3) to revise t~e technologic production processes in or~~r to mini=ize the ~aste ~~. using most efficiently the ra~ ~atG~i~l~: to restrict the toxic reagents and'inflammable materials use an~ t~ replace then with alte::-native safe materials by producing a ~o=~ durable final production, to produce, ~se and circulate wrap?~~~ that is recuperable, ~eusable, recyclable or nor deg~adable; (4) to equip the sources of noxious substances ~ith devi~es, equipment and i ns t e l Le t i on f o r pu r i f i c a t i on , c apa o i c of rec'.:-:~:~,~; 19 the noxious subs~c~ces to the limits admitted by the e~vi~or.~e~t authorities; (5) to cul~ivate and maintain around industrial ~nits, industrial complexes, cattle breeding complexes protection belts o~ green spaces, to pE~manently supervise the state of the environemnt around industrial units and to take measures. to protect the zones.; (6) to ensure permanent supervision of construction sites and different installa~ions during the period of their functioning, to take all measures to prevent the catastrophes or accidental pollution, but in case they take place - to take operative measures for eliminating the sources, to im~ediately inform the environmental bodies in order to eliminate all the consequences of the catastrophe or accidental pollution and to compensate for the damages to enviror.~ent, its components, the property of citizens and the health of the affected persons; (7) to imple~ent the decisions and orders of the sta~e and local bodies on e~'/ironmental protection problems, to give to the environmental protection bodies the information on the impact of the economic activity of their 'unit on environment and its components, ~o ac~it at any moment the unhindered access of ecologic ir.specto~s to perform the control of activities, suspected of havir.g so~e i~~act or. environment; (8) to ensur: the corresponding conditions for preven~ing the environ~ental poll~tion with toxic substances, harmful i~flam~able or bad s~elling c~es, as well as different· po~ders curing their transporta~ion an= storage. CH.;PTE?· 6 . PROTECTION NATURAL R=:SOURCES ;'.:10 EIO:"CG:C D:VERSI7'i 5£C1'10:; 1. ~:IL MW GE05Y5TE:·\S P?OTECTlm: A~~icle 37. :he policy in the sphere of soil cul~iva~:on is based on the fell=~ing principles: (1) tc r eccc n i ze the fact: that the maintenance 0: natural resources, biolc:; i c diversity, village landscapes , cultural landscapes is as i~portant as the traditional tasks at supplying with foodstuffs a~d gaining profits from agricUlture; (2) the p~~~=tio~ of a stable le~g-te~, pelicy for reliable agricUlture by waf of reducing the use of chemical nutrients a~d toxic products for phytosani tary purposes, application of ecologically pure technologies, restoration and maintenance of the natural equilibri~~ in ecologic systems. Article 38. The protection and Impr ovemerrt of soils is realized by neasu=es apprepria~e fer ~he specific land, by adapting 20 the geosystems to their specific functional conditions; the change of the functions of the land is performed at the decision following an ecologic examination: (1) offer to the agricultural workers new non-ipo Ll ut i.nq technologies, based on ecologic agricultural principles, able to ensure both the necessary high quality products and the protection and improvement of soil quality, to propagate the actions of technical agricul~ural assistance, to elaborate a system of normative acts which might stimulate the interest of the agricultural workers 'for the recomended technologies application; (2) elaborate and implement annual programmes for conbating the erosion, floods, bogging, salination, excessive drying of the agricultural plots, to prevent the soil shifts, to maintain the difference of potentials of the agricultural plots in dependence of the natural value at the level of geosystems supportabili~y, to exercise a syste~atic supervision of the structure of the agricultural plants, soil .of the fields, their distribution on the territory in order to maintain a positive balance of the hu~us, so as to reduce losses caused by erosion to ensure their restoration rate of more than 5tons/hectare annuallYi (3) to deter~ine the plots with dry hydrotechnical regi~e, to elaborate technologies for keeping the precipitations in scil, for rational use of irrigation; (4) to restore and maintain the optimal relationship between the arable land, pastures, forests, water for maintaining the equilibrium in gecsystems, to delimitate the plots for pastures taking into accoun~ the number of cattle, production po=ential a~d the requirements fer soil and plants protectioni (5) to ensure the necessary level of fcresting in zor.es with deficit~f forests by reducing soil erosion through water and wind, for hydrologic cli~atic and environmental regimes improvement, so as all the impracticable from agriCUltural viewpoint plots were planted with forest trees; (6) to ameliorate all the degraded agricultural plots, which might be reamended for agriCUltural production, to supervi5e the works of revalor!fication of those plots; (7) to prevent by adequate measures the intensive or abusive use of chemical products for phytosanitary use and chemical nutrients by agriCUltural workers, to.create a system of operative phytosanitary assistance for all agricultural workers in order to 21 correctly evaluate the phytosanitary state of cultu~es f~~ usinc the adequate measures and prevention of misuse or atusive use o~ chemicals; (8) to orga~ize the landscapes reparation and the ecologic reconstruction of the zones profoundly affected by mine~als su~face extraction, heaps of ashes, phosphogypsum, storage' places fo~ industrial waste, works of reparation and reconstruction at the expense of the economic agents, who have caused the damage; (9) to orc an.i ze a subs y s t era for non Lt.or i nq the soil ar.s. ag~icultL:~al syste~s quality for supervising and evaluating in good time the changes of the soils quality, for elaboration 0: progranmes and measures of correction if negative phenomena arise. A~ticle 40. Physical and juridical persons ~~o have agricultu~al plots of their own or state owned will c~ltiva~e the~ so as not to only supply the necessary foodstu:fs and p~o:its, b~~ also to prese~.e ~~e land for the present and futu~e gene~ations. This scope de~ands that they (1) ocse~ve the Regulations conce~ning the regi~e fc~ che~ical nut~ien~s and products for phytosanita~y use, t~e regulations c:. t~~ic substances and waste, the reconandations of the ag~icultura: a·~thorities on the organization of t~e plcts, the st~uctL:~e and rotation of the cultures, the rational fe~tilizatio:., the ane Li c r a t i on cf land, have the duty to raa i n t e i n a pc s i t i ve hL:~US balance, ~hile the losses through e~~osior. sho~ld be s~alle~ than their ~atural restoration; (2) do not admit corape c c i on and pc l Lut i on of t::e s c i i wit~ che~icals a~d subs~ances for phytosanita~y use, floc~ing, =vsgin~, se i i na t i on e xc e s s i ve d ry i nq of the p Lo t s , t.c t.a)o:e re asc r e s r c r prevEn~icn and s~~?ping the soil shifts; (3) tc p~a~ along ~ith the silvie aut~o::i~ie5 0: tota:ly e~ci~=ling protec~ion belts fo:: ~hE su::faces. t~ f:::::'.a,:lc:"'. agr iC'~lt.ur a ; Ar~icle ~l. ~he exclusiQn from agricul~u~al use cf sc::'.e plots for the realizatio~ of econonic or social tasks will be do:.e by a special decision of the Parliament; in case of a positive decisic~ the strata of fe~tile soil will be take:"! out and used for the reparation of deg~aded plots. Article 42. The d i s t r i bu t Lon or: ~'Jri':'I.ll':'.l~al s'..:.~fa::es !:: water, muds used in the cattle breeding complexes, Lndus t r i e I complexes, purification plants of the place is possible only by the agricultural authorities, authorities responsible for public health and environment. Ar~icle 43. The storage on soil 0:: the distrib~tion C~ it 0: 22 domestic, industrial and construction waste, scrap metal, different wrapping, industrial residuals or some other ch em i ca L or radioactive substances. Article 44. The economic agents, physical and juridical persons, who administer special plots, like the ones near ti'.e roads, railroads, yards and spaces of economic and social units, must ensure the cleaning, the maintenance and managing of all non productive surfaces as green spaces. (1) the mai~~enance of the present forests funds surface, its reduction being forbidden; (2) the increase of the forests surfaces in zones, where forests are deficient, or with damaged microclimate, aronu~d people's d~ellings, especially the urban ones and in zo~es with sensitive ecology. (3) the c~tting of trees only for sanitary purposes, obsreving the approved ecologic technilogies of cutting, collectin~ and transportatio~, 50 as to ensure the soil, wild flora a~d f~una protection and the forest ecologic system stability; (~) the foresting in a short term of all deforested surfaces and of the plots u~suitable for agricUlture or other activities and their incl4sion i~ the state forest fund; (5) the creation of silvicultural plan~a~ions for the forest, agricultural funcs, or on territories des~ined for other purposes, which are not productive, or which are degraded, on stc~y and rocky places and the -....iden i nq of forest belts, their cu:'ti:-.g be i nq forbiddel:; (6) the widening of forests surfaces for protection and the instauraticn of a special regime for the. conservation of forests with special func~ions - forests situated on big slopes, where the danger of erosion and soil shift exists, on hills and rugged plots; (7) the maintenance and widening of trees with stable ec010gic and genetic structures, management in a regime of protection .the !0rests which flora arod fa~~a c0~pvnents are valuable fr6m eco~omic and ecologic viewpoints; (8) the busheries ,pa$tures and forested zones, which have special functions of sailor water resources protection are managed along with the silviculture units, on the territory of which they are situated; -' 23 (9) the maint.enance and increase of praetiod pastures and busheries surfaces, their reduction being forbidden for other purposes than the ones forseen by law; (10) the prohibition of any economic and social act.ivities which might affec~ the ecologic equilibrium of the land ecologic systems, forests, pastures and plots for hay, or some other natural formations conserving the floristic and faunistic diversity of the zone; (11) the exploitation of wood and other restorable resources of the forests, tunting and fishing in forests included will be admitted only in conformity with the ecologic supportability of the zone and with licences of the environmental authorities; (12) when there is no forest authorities licence the catching and collecting species of animals and plants from wild flora and fauna for sale alive or processed, like \,.. ild birds, hares, any kinds 0: furs or parts of wild animals, mushrooms, acorns, berries will be punished in conformuty with the IaN; the licences will be released by the forest authorities and show the term o! their use. Violations of the law are punished at the moment of their discovery by arresting the ;nentioned goods and the instruments fo':' their collection inclusively . .a.ri:icle 46. In order to conservate some special t.:.:pes 0: soil, their specific biologic diversity, the ecologic st.rUCi:~res 0: the land, characi:eristic for di!ferent climatic and geografic zones of the Recublic of Moldova on the basis 0: scientific conclusions elabora~ed by ccmpetent authorities, the surfaces which are suitable for these purposes will be identified and declared natural reservations, T~e environmental authori~ies will be responsible for the' ad:-tinist.:-ation of the r as e r va t i cns mak i nc u s e 0: t}";e pr~tectic~ ~egi~e, foreseen fc~ the natu=a: rese~va~i=~s. szcr rce: 2. '..:.:'.TERS Aim .a.Q:J.;TIC ECOLCG::C SYS7E~-:S PF-O:-::::Tlm: Article 47. ~he whole aquatic poteni:ial on the terrii:ory 0: the Republic of ~oldova is p~cteoted by la~: underg':'cun~ waters with their b Locer.o s e s , surface waters ,(·,.;ai:er courses, natural lakes, accu~ula~icn waters, moist zones, the in-flowing rivulets) along with their natural resources, their specific biocenoses, and with the sanitary and protection zones of the waters. Taking into account the limited aquatic potential on the territory of the Republic of Moldova. any non- rational use of the aquatic resources, or their pollution over the limits of supportability must be looked upon as the greatest danger for the present and future of the country. The aquatic resources will be used exclusively for pa~,ents in conformi~y wi~h ~he ~axesi fixed by the Government, ~akinq into 24 account the limits determined by the Government, with the consen~ of the environmental authorities and local administration bodies. Article 48. In oreder to protect the aquatic fund ~he following things are forbidden: (1) pouring into the surface waters, into irrigation and amelioration channels of the used unpurified waters, thermally or radioactively polluted waters, waters contaminated with pathogenic germs and parasites, oil products or residuals, as well as other pollutants; (2) throwing any kind of industrial, building or doraes t i c waste, other residuals or toxic substances into the surface waters or near them, as well as the the introduction -into them 0: explozive ma~erials, electric voltage, poisons, narcotics and the like. (3) washing into the natural waters of cars, any devices or wrapp inqs 0: any t ype , Ar~icle 49. To complete the Article 8 of the present Law, the local ad~inistration bodies, environment authorities, the bodies nanaging tr.e water resources along with the research institutions dealing with water problems must: (1) s~rictly control the debits of used and evacuated water in all the sectors where it is used, reduce ~he necessary use of technologic waters, increase the level 0: its recycling, observe the specific nor~s of its use, avoid losses and waste of water; losses through negligence and non-rational use should be restored at the expense of the respective physical or juridical person i~ confor~ity with t~e fixed taxes; (2) a pp l y a:::cording to Law the ne es ur es necessary for th€: pollt:ticn p r everrt i on of the surface waters, freatic ..h'a~ers wi t n n i t r a t e s and other chemicals by observing the no rras of their wrappir.g, transportation, storage' and use on special territories, especially the ones situated in the protec~ion regio~s of the ~ater courses; (j i e i abora teandpropose for implementation a compLe x progra~me for reconstructing the purification plants for do~e$tic and industial water , which might ensure the purification of the residual water at the level of international standardsi; (4) ensure the observ~nce ot a special regime of administrating the protection zones of rivers I rivulets, lakes, hydrotechnical buildings and stations for water accumulation, so as not to ad~it in .the protection zones works and activities contravening the s~ecial purpose of the sanitary ~nd protection z cr.e s i 25 (5) permane~tly supervise the state of the springs, rivers, rivulets, their natural biocenoses, the neighboring territories, apply according to the law measures for preventing their pollution and degrading, to do the necessary works for ecologic reparation in order to restore the affected biosystems; (6) iden~ify the aquatic zones and boggy places with reprezentative boicenoses or populated with some rare species, or species in danger of disappearance, either local or migratory and propose to declare them protected zones. J..rticle 50. private, who are 'Hater must: The economic and social agents either state or using aquatic resources and evacuate the used (I) renew during a year, after the coming into force of the present la~, the environment licence for water use and evacuation, for dams and other hydrotechnical installations situated on the water courses arid implement the r ecoraended •....orks in the fixed ter:ns. In respect to units, wh i ch are permane nt s ours es of wat er pollution, mea sures are taken for the Li ce nc e r avoc a t i on and ac~ivity prohibi~ion; (2) ensure the preli~inary purification of residual waters before pouring them into the sewerage syste~ of the locality; the residual waters a~cumulation is ad!':litted only with the consent of local aU~horities, environment bodies and sanitary bedies; (J~a?ply technical soils for water channels i!':lpenetrability ensuring in orc er to improve the irrigation methods for wat e r losses, soil da~a~ing and other negative pheno!':lena aveidance; (~) r.ot ir.:luence the scil quality and ecologic ~ta~ility 0: the aquatic s y s t eras by hydrc t ecnn i.ca I wor xs , fishing and fis:-. br eed i nq , not affect theres-:oration pc t en t i a l of t:-,e specific biologic resources. ;'.rticle 5:l. , The exploitation of. the mineral va t er s and natural resources pertaining t.o t.he wat e r fund {sand, stones, therapeutic muds ) , as well as the collecting for sale of s crne aquatic natural resources like fishes, frogs, lobsters, cocx Le> shells, snails, suckers, wet er birds, eggs c : wat e r birds are possible omly with the consent of local authorities and environmental pro-cection bodies. Article 52. The economic agents who have ships or floating platforms must equip them with installations for storage -or purification of the used water and with facilities for their u~~oacing :ntc s~acial installations on the bank or floating ones in conformity with the national and international regulations on 26 wate~ pollution prevention, the throwing and pou~ing out 0: different wastes from ships and platforms being fo=bidden; the ports administration must have facilities for unloading, processing and recycling or neutralizing the oil, domestic and other waste , storaged on board of the fluvial ships; they must also build specialized units for purification or for taking some other measures in cases of accidental pollution of water. SECTION 3. UNDERGROUND PROTECTION A=ticle 53. The mineral resources (underground) and thei~ components like the rocks, mineral raw mate~ials, natu~al thermal agents, natural a~d artificial cavities, unde=g=ound water basins on the whole t e r r Lto r y of the Republic of Moldova are to be protecr.ed. The undergro~nd natural resources are to be used for payment in conformi~y wit~ the taxes fixed by the Government in the limits sho~n in the Articles 7, 9 and 10 of the present La~, extraction, und er qrcur.d actions are (1) the da~age without a special licence of the lecal and environ~ent. authorities of the fertile soil, wate= co~rses along wi~h their natural biocenoses, of lansca~es; (2) the s t craqe of '...·aste, r e» raar e r i a Ls , obt.cine:' using uno ez-qr oundz-esource s , p laci ng d ifferent insta lIar. ions, mac r.a n i srns , tec~:1ical means in the protection zones; ( 3 ) ma-:e=ials the pollution of environment ~~ile anc was:.ei (~) r.he ~oise and vibration nea: monu~ents, reservations, nature monument.s, protecr.ion zones. localiti~, ~~s~o~ic rest zones ans healt~ Article 55. The injection and stor~ge in underg=ou~d spaces of solid,· liquid or gaseous chemical or radioactive waste, which might pollute the underground resources and da~age thei~ quality without licences of environmental protection bedies, health protection bodies, local authorities are forbidden. Ar~icle 56. In campler.ion local administration bodies, invento~ing the underground institutions dealing with the or Article a of the presen~ Law, ~he environment bodies and bodies for resources, as well as scientific probler.1 must: (1) !':':=.}:e t:-.~ cadastre c : the r e s our c e s reserves c: t~e 27 underground, the accounting of waste extraction a~d processing, elaborate programmes for underground natural resources use in orde~ to ensure the steady development of the society; (2) permanently supervise the works of using the underground natural resources, observe the limits of their use, suggest and denand the application of technologies, e~suring a super~o~ productivity in extraction and processing of natural resources of the underground with maximal losses reduction and pollution avoidance; (3) identify the rare geologic and mineralogic for~a~ions, paleon~ologic objects and other things of scientific and c~ltural value, so that they might be protected by the state . .h.:-~icle 57. The economic agents, physical and ju~idical persons dealing wi~h exploitation and use of underground resources in the private and state sectors must: (1) renew curing a year from the ado~tion of the presen~ la~ the environnent bcdies; the failing to observe this provision o~ failing to obse:-ve the recomandations of the ecologic exa~inatio~ will call forth the cessation of the res~ective activities; (2) !:'.ark the borders of t:he pro t e c t i cn and sanitary zor.e s e r ound tte e x t r a c t i.o n and processing places of the und e r qround resources ~ith the consent of the local authorities and e~viron~e~:. bodies; sai~~ai~ t~e fixed regime of the sanitary zones; (3) restore the affected territories arid r e c oris t r uc t; t~s spaces, ecclogica:'ly damaged ·..hile d o i r.q wo r k s of e xt r e c t i cn , explQita~io~ and p:-ocessing of the underg~ound resources; s:::C'rIO~: 4. ;::'HOSPHERE PROTECTION .~.:--:ic~e :c The a t mcsphe r e pro t e c t i c r; is -oa s ec :::-:-. t~:e follo~ing pror.ci~:'es: t~e reco;niticn of the fact that the e~issicn 0: noxious substa~ces, co~ing from traditional ~nergy production, i~dustria~ activi~ies, agriculture and transport, cause a complex pollutio~ of the at~osphere at local, regional and global scale which affec~ all fo~~s 0: life, as well as climate and radiation levelj the prowotion of a consistent policy for energy consu~ptio~ reduction in all branches of activitv as well as the develocment of energetics, the establishing of an- efficient atmos~here'quality control in confor~ity with international standards, the interstata~ cooperation and the observance of the conve~tions o~ the transnational at~osphere pollution reduction. A~~icle 59. The Scate Department on Environ~ent along witt 28 the Ministry of Eealth and with the Academy of Sciences shall elaborate and suggest for adoption by the Parliament the Standards of air"quality during a year af~er the adop~ion of the present Law. Article 60. In completion of the Article 8 of the present Law, the ad~inistrativeunits of energetics, industry, agriculture, transport, d'Nelling fund expliotation along with the respective research institutions, local administration bodies and environmen~ bodies must: (1) establisl"l the annual limits t c : energy production and consumption, the admitted annual limits for emission in the atmosphere of fixej and mobile objects, not admit emission to the excess of t~e fixed limits; (2) create and ensure the activity cf a net for supervision of t::e air qua l i t y on the '....h o Le t.e r r i t cry of count::y, based or. internatior.al standards; the the (3) suggest and solicit technical solutions for red~c~icn 0: energy consu~ptic~ in all branches of activity, ra~ ~aterials use and use of fuel ~i~h reduced level of no:~io~s s~bsta~ces; (~) s~oo a:: activities accomoanied by use no xi 0 U s sub s -:a n c e s de 9 r a d (n g t r. e (chlorofluorocar=~~ates, halones, etc.); a r.d emi s s i on of o z o n e layer (5) peri.1cne:-.-:ly supervise the observance ot the erai s s Lon regi~e into the at~osphere, prornptlypunis~ any violations; in case of metereoleg i c c cnd i tions, unfavor-able for the dispersion 0: pollutant~ i~ ~he a~mosphere, calling fort~ local accu~ula~io~s of toxic substances, stop temporarily the ac~ivities near sources of pollution . .~.rtic>: ;::" The econoa i c age:-lts, j ur i c i cal a nd !=:"'.j'sic2.1 persons, ~~c ac~inister activities ~i~h cobile or stationary sources of e~issi:~ ~us~: (1) e~ui? ~~e technological installa~iona ~it~ dev:ces a~~ facilities for de~aining and neutralizins" po~ders and gases, ~ot adnit the c once rrcr at Lons : of noxious sub s t anc e s ~:,=:-:e~ -t:~:~ ~~~ fixed limits; . (2) ta%e all necessary actions in or~er- to avoid atrr.ospheric pollution with po~~ers or vola~ile sUbstance~, which ~ight produce inconvenie~=25 ~h~le t~anspor~:~g or stcraglng a~y kl~d of ~ast~; (J) widen t::e green spaces to the necessary levels ar-ound industrial units, cultivate continuous trees and bushes belts in protection zones of roads for air quality improvement and noise protection; 29 (4) ensure the necessary activities ans equipme~t for noise isolation and pro~ectionof sources of noise and vibration, not admit noise and vibration in excess of the admitted limits; (5) begin the processing of waste and other toxic residuals only in special installations in places and conditions fixed by the bodies responsible for environment and health. SECTlm; 5. E:ODIVERSITY AND NATURE HONUNENTS PROTECTION Article 62. In conformity with the World Charter for Nature, adopted by U.N. (l982) the right to existence of all species of live nature (irrespective of their importance for man), as an essential element of the planetary cycle of matter /4 climate and renewal potential of natural resources is reconfirmed. Article 63. ?he State Department for Environment along with the Academv of S~iences shall elaborate and forward to the Parliament during one year after the adoption of the present La~, a programme of ac~ivity for biodiversity conservation, which will protect the rare and disappearing species from the comercial pressing, of activ:ties for cultivating rare species, restoring the disappearing ones, creating a natural genetic fund, .a system o~ territories with s;ecial protection, for observance of regional and international conventions on biologic diversity. Article 6~. r~e local environment bodies, forest bodies alo~g with local ad~inis~ration bodies will ad~it the collection of rare species of p La n t s and animals by fishir.g, hunting only to the extent, that dces ;.ot endanger their reprcd~ction potential. Tr.e collection, ~ishi;.~ and hunting of the species entered into the Red Book are forbidde~o ".rticle 65. The introduction of n ev species cf mi c r oorqan i s-.s , pl arit s and animals with e l i ne nt.e r y , t echn i ca L, decorative, e s t ne t Lc and other- purposes i nt.o a nat'.:r-a"1: he.b i t a t , where 'the given s;:cies did not exist earlier, is ad~issible only with the ccns err; of central env i r cnmerr; bodies; physical and juridical pe=sons, ~ho introduce new species without a licence into ecosystens, in ~hich they never existed before, ~ill bear all the consequences of a potential disbalance in the ecosysten, wheneve~ the disbalance mis~t appear ,h.rticle 660 The burning of tillages, belts by the rca~s, waste burning beyond specially difined spaces is fo~bidden. plots the of protection boundaries of Article 67. In order to conserve the biologic diversity and some natural fo=~ations of great ecologic , scientific or landscapal value, a system of natural protected zones is created (natural reservations and national parks), as well ·as nature monuments (geomor~~ologic formations and structures like uniqu8 30 relief, caves, fossil structures, unique natural co~plexes, isolated trees, e~c.), monuments of horticultural art (botanical gardens,dendrolc~ical parks, old historic parks, silvicultural parks), state zoological parks; the attribution of some pro~ected zones, nature monu~ents, horticultural art monuments, zoological parks to the s t a c e or driving them out of state o.....nership is performed by the Parliament at the proposal of a superior environment body and of the f..cademy of Sciences; the protected natural zones and ~ature monuments declared as such by governmental decrees and decisions of the local administration bodies, issued before the adoptic~ of the present La ..... , maintain their status or get the same stat~s by law. Article 68. The territories and aqe a t c r i ums., "'..hich are declared protected zones by law or by a decision of.the ~arliament are governed by the environment bodies; nature monu~ents, horticultural art =onuments, as .....ell as zoolo~ical parks re~ain in the o.....nership of ~he land owners; natural resources exploitation and other activi~ies in ~he zones with nature monu~ents, horticultural art ~onuments, zoological parks as well as protection zones of the natural reservntions will be conducted according to the resime c: the respective places and zones. Ar~icle 6S. The natural reservations, national pc~ks, hor,:icultural art monu~en~s, zoological parks are juridical persons, fir.=~ced =y the state, have bank e:<~rabudgetary accounts coming fro~ the me~ns obtained by scientific, editoria~, recreational or t.e e ch ng activities; the extrabudgetary fU:1c is used exclusively :or ~he service of reservations, national parks and nature ~o~u~e~:s. ;'.r~i·cle 70. The central e nv i r cnrae n t body ;'iill e d i t; a nd distribute t~e Re~:ster of zones, natural ~o~usents, hor~icu~tura: art monuments, tcc~ogical parks protected by the state a:ong with their regula:io~s a~d annual changes. Cr..~.PTE:::. i. ::-::: COnTROL OF \·l.~.s-r::, 'lO:':I~ S'-'SS'!'.;~:C::s, C:-::::·:::C.;:" tWTRIE~;'!'S ;.~:=i P~.;:;: PROTECTIOH FRODUCTS J..rticle 71. based c:;: The s:ate policy in the bra~ch of waste co~trc~ is (1) the rec::gnition of the fact that the e ccunaLa t i on cf waste in eXCESS c: the norms is a consequence of an unbalanCEd con~rol of e~7rgy and materials, which affects the quality of the e~~:~=~=e~t, :~s c=~pc~c~ts a~d the ~ealth of the pcp~:atic~; (2) the necessity of applying technical solutions, economic and ad~inistrative mechanisms in order to reduce the waste accumulation rates, energy use and the use of industrial and domestic ..... aste sut~ect to recyclinc, and to ensure the efficient destruction or isoiation of waste ~ot subject to processing. 31 Article 72. In completion of Art. 7 of the present Law, the Government along with the central environment body (1) recomends and implements, by. use of economic and administrative mechanisms, technologies ensuring the most effective use of water .. and raw materials, the reduced use of components affecting the ~nviron~entand the health, the s~b~titution of the latter with alternative· ecologically neutral ~aterial~, the obtaining of final products sUbject to recycling at the end of their functioning period, the obtaining of energy and components for repeated use from "domestic ~ndindustrialwasie; (2) establishes the annual limits for domestic amd industrial waste accumulation,~upervises·the observance of the~stabli~hed limits; (3) establishes taxes for storage and processing of industrial and domestic waste, states the technical standards on transportation, surface storage, burning and buring of waste not sUbject to reuse, in order to minimize the negetive influence on health and environment quality; (4) creates conditions stimUlating and encouraging the activity for collection and reuse of metallic, textile, leather, wood, rubber, oil waste, as well as obtaining residual energy; (5) e Labora tes and pub I ishes during the first six mcrrt ris after the adoption of the present Law, the Regulations on chemical nutrients and plant protection substances conditions use, the List of chemical nutrients and plant protection substances, 'excluding the highly toxic ones, the ones ~ithhigh levels of residuals, the non-selective and .cumu La t i ve ones, the List of maximal admitted remnant concentrations of pesticides and other toxic substances in soil, water, . fodder and agricultural products, both animal and vegetal, the lists being renewed every year. Article 73. In completio~ of Art. 9 ~nd 10 of the present Law, the loca 1 admin istra t ion bodies a long \oJ i th the env I r onmerrt bodies and health protection ones must: (1) admit the storage of any'waste: domestic, industri~l and agrIcultural, residual ~ muds obtained by industrial, agrozootechnical 'and urban act i vi ties, building waste, only in specially arranged places with the consent of land owners, taking into account the nearing plots protection, the protection of touristic zones and landscapes and bearing 1n mind that, when the activity of waste storage is at the ~nd ,the 'respective 'plots should be good for use in agricultural, silvicultural, or other scopes; (2) establish 'the annual limits for waste storage 0:1 the territory of the village, town, region (district), mur.icipy, 32 s upe r v i s e the oc s e r vance of the standa=ds fer storage, processing, storage bu r n i r.c , regime and technical bu=ying of waste; (3) pe:-mane~tly control the plots pertaini~g to the econo~ic and social units, as well as the way of using the natural protection Leq i s La t i on , the Regulations on toxic substances and waste application conditions, punish the pny s i ca L and ju~:idic~l persons, responsi~le for their violation. Article 74. The producers and users of all kinds of packages will organize the collection of used packing materials like paper, cardboard, wood, glass, metals, plastic materials and the local administration bccies will create the conditions to do this dna to ensure their refa~rication and recycling. ;'.rticle 75. The e coricrn i c agents, phy s i c a I and j ur i d i ce j persons frc~ the private and state secte:-s of the economy must: (1) ctange t~e technologies of the ~:-cduction precesses so as to more e f f e c t i ve Ly use the energy, water- and naterials, and to minimize t~e ano~~t of any kine of waste; (2) pe r raa ne n t Ly aCCOU:1C for the p r oduc t i on waste, .i.d e t i f y , sort a~d pac~ (press) them, ensure their ~rocessing'or transpo:-ting to t he s pe c i a l i zed units for restoring the energy or reusable compo~e~ts, as we:l as the trans?orca~io~ of ncn-reusable residuals to spE~iall: arre~ged ?laces; (3 ) ac::::ide:1cal cor.,pC'r.e:.~s. da:na:;?E. crea:e the necessary cor.di::ons for envirvn~ental pe~lution ~:~~ ar.! or i:-. c a s e they took ~ lace, rnake '-'9 pr even t i nc the k:nd of toxic for the caused Artic:~ 75. The economic agents ar.d ?:-ivate or sta~e researc~ Lns t i t.u t i o rs , ',~·:-.':'::h use, fa~ricate, t r a a s po r t; or sell toxic 0:: nucle~r su~sta~css, as well as dar.gero~s ~~ste, in ~o~pletio~ 0: Article 7~ ~us~ c:so: (1) r=:le~ c~ring six ffiQ~ths after t~e ado~tior. of the pr~se~t Law t ne er.·:iro:1:7.e:1t bodies; the faili~;::J' to fulfill the pre s e rr; provision or recc~andations of the expert ecologic control will be punished b~ the cessation of the activi~y; (2) create a special register of a fixed for:n, in which the nature, or:gin, quantity, physical and che~ical chara8teristics, stcr:se a~~ ~se c~:1ditior.s of t~e toxic a~d dangerous produces will be indicated; these data ~ust be forwarded to the environment and health bod:es; (J) the transport of toxic and c a nqe r ous s uas t anc e s , the nUClear ones included, should be done only on specially arranged territories wit~ the licence of the e~viron~ent arod healt~ 33 bodies, released seFarately for each case a~c L~lng only autr.orized persons and means. Article 77. The introduction into the country of waste, any kind of residuals in raw or processed state with the purpose of its temporary accumulation, processing~ storage, distribution on soil or in water, any kind of destruction is forbidden; the cust.oms check and are responsible for the present law provisions applictior. for import and transit operations performance on the territory of the country. Article 78. The producers and sale agents, dealing with chemical nutr ients and plant protection substances (herbicides, insecticides, raticides, desicants, growth stimulators) must strictly observe the provisions of the Regulations on the regime of the chemical nutrients and plant protection substances fabrication and packing with warnings about the toxicologic damage to healtr. and environment quality , as ~ell as the regime of these substances transport and reuse of residuals and package. Article 79. I:::n order to reduce the t ox i co Loq i c danger to environment and health , while usi~g the chemical nutrients and plant protection subsatnces, it is forbidden to: (1) storage the chemical nutrients and plant protec~ior. substances in any rooms and places without the authorization 0: e nv Lronme nt; and health bodies, their use in zones SUbject tc special protection conditions; (2) process seeds \,'i t.h toxic produc e s designed places and without strict observance and health ·protecti=n measures; outs ide specially of all environ~ent (3) apply tox~c pesticides in the tloc~i~g period of culture3 polenized by insec~s; (4) use toxic baits with products no= allowed for use; (5) use in excess of the maximal ad~itted norms pesticides and other toxic substances remnants in water, harvest, forage, agricultural food stuffs of vegetal and animal origin; any other agricul tural food stuf.fs, in which the maximal concentration of toxic substances in excess of the maximal admitted norms, m~st be processed iccording to the provisions for dangerous residuals at the expense of the producers. Article 80. The central bodies for agriculture, environment and health must organize on the territory of the country an uniq~e net of specialized laboratories for residuals control of pesticides and other toxic substances. in soils, water, harvest, forage and other agricultural fcod stuffs of vegetal a~d a~i~al origin. J~ CH!-.PTER 8. IC:iIZING RADr;..TIOtI PROTE~7~' Article 81. The Republic of Holdova will not adm i t; on its territory the siting of atomic thermoelectric plants, siting anu transition of atonic arms, import, siting and transit of n~clea, waste of any kind. Article 82. J..ctivities in the nuclear sphere like import, scientif ic research , r e newa L of technology, e Labora t i on , production, processing, use, transport, export, neutralization and burying of ionizing radiation sources are admitted only with the consent of all central' environment and health bodies. fI.rticle 83. The licences for activities in nuclear s pb e r e will be released only if. the ionizing radiation source~ are equiped with secure syste~s for radiation protection, blocking and signalling for radiation protection s e cur i t y of the personnel, population and environment; the licence owners will present the necessary information on the radiation levels, measures and installations for radilogic protection, control devices and methods for the given radiation source, the regulations of protection during ey.ploitatic~ and service. Article 3~. T~e owners of licences fcr activities in n~~lear spheres must: (1) ensure t~e observance of the nor~ative ucts, te~hnic~~ conditions and lE~islative a c t s in force which guarantee the? protection against ionizing rad:3tion of t~e personnel, pop~lution and e r.v i r onme nt : (2 ) wh i ch are accidental s t r i c t Iv account t:-.e r ad i oe c t i ve met s r i a Ls arid these of nu~:ear 'interest, insur':! the~ agains': d~~age, s~read, loss or thef~; (3) organize the radiologic con t r o I s2:-·,'i'::02 cr. the tel.-rii:o~-y of the enterFrise, organization, instituti:n and in the protection zone in conformity ~ith the RegUlations, ~aking into account the specif ic ccrid i t i cr.s of the e n t e r p r ise a pp r ov ed by the c e r.t r a I environ~ent and he~lth bodies; (4) apply all the measures for mi n i n.i z i nc the radioactive effect on man, acting in the limits admitted by licence; (5) immediately no~ify the central bedies , resFonsible for environment, healtr., pUblic ord':!r, local ad~i~istratien bedies of any accidental daziaq e spread, loss or theft of r ad i oac t i ve materials, 'of any nuclear accident produced at their own installations, take direct part in localizing and repairing the consequences called forth by the accident and make for the damages, produced by the accident. ]5 Article 85. The central environment, health and geo10gical bodies must create during a year from the adoption of the present Law, a unique service for supervising the radioac~ivity level in soil, air, water, underground, flora, fa: , aqricultur-alar.d industrial products on the whole territory G. ~he cQuntry a~d will systematically inform the population on the radiologic state, indicating the registered values in ~omparison with the admitted radiation levels; hiding or deformation of in:o:-mation on s orue radioactive danger for the population will be qualified as a st~te crime. Artidle 86. In case of accidents at nuclear units, located en the te:-ritory of other countries,· which create a situatiol~ of nuclear danger, the government immediately announces ullthe information on the created situation and takes ·measures for protecting the popUlation and eliminating the consEq~ences, produced by the accident. CH.r..PTER 9. EXTRABUDGETil.R'l ECOLOGIC FUl1DS Arb cle 87. The extrabudgetary e c o Loq i c funds: national extrabudgetary ecologic fund, districtual, regional and municipal funds are created in order to concentrate the sup~lcmentary financial resources for the activity of environmental prote~tion and ecologic reconstruction. The extrabudgetary ecologic funds, as ',:ell as tr.e vo Lu nt a r v donations on the part of physical and juridical persons co these funds are not SUbject to taxa~ion ~nd othe:- pay~ents, The means of extrabudgetary ecologic funds, which haven't b~en spent during the year are pas3ed to the follo~i~g ye~r. Article 88. The sources of extrabudgstary ecologic funds are: part of t he land tax, e s t e b l i sh ed by tl:c Pa r Li anen t , the-payments (taxes) for us i nc the und e r q r cund , wat e r . pr:lJ'r.er:ts (t e xe s ) f o r environmental pollution, fines for en,ircr:~ental legislation violation, means, coming for compe ns a t i nc f or the c.a::\,J.ges to nature, through sale of the production, obtained by illes.:.:l exploi tation ot flora and fauna, vo Lun t a r y donations and contributions; all these means are accumu:dted on spacial aC~0uilts at the district~al, regional, municip~l level and they are distributed bet·.... e e n : the national and r eq i oria l , distric:tual, municipal extrabudgetary ecolGgic funds c5 follo~s: (1) the suns, which r e te r to soil al~J und a r qrcund : (w'ith tr.", exception of undergrollnd water) - ]0 per cent to the national, and 70 per cent - to the districtua1., regiona~ or r.unicipal fundi (2) the SU!7.S, whi ch refer to '..ra t e r : 51; per c~'n7': - t c .th,"> national e x t r abudqet.a r y fund a~\..! ~fJ - to the d i s t r i c t ua L, =-::~.;.. ~:"',\-.~ or municipal fund; 36 (3) the sums, which refer to air pollution: 70 per cen~ - ~o the national extrabudgetary ecologic fund and 30 per cent - to t~e districtual, regional or municipal fund. Article 89. The extrabudgetary ecologic fun<ls may be u s e,' only in the limits of the following activities: (1) elaboration and implementation u. local or nation~l programmes for environmental and biologic diversity protection, financial improve~ent, silivicultural fashioning of territories, ecologic recon~truction of territories and s~all rivers, affected by man's activity; (2) construction, reconstruction and re~tilizingthe units for environmental protection and protection of its co~ponents; (3) buying 0: technical means, devices, apparatuses, reagents for the laboratories of the State Department for environr.lent and its local branches; (4) scientific work performance in the environmen:al protection sphere at the orders of the State Department for. Environ~ent and t~e Environment Quality Counsil; (5) teachi~~ and perfecting the pe~sonnel in e~'liro~~e~tal protection sphere; (6) prGpag~~ion of ecologic knowledge; (7) organization and support of i~ternational coo~cra~ion i~ environ~ental prc~ection ~phere; (3) awe r d i r.q of bonuses to collectives, ·.....h i ch h av e really made a big con~ri~ution to environmental protection, irrespe~tive of the departmen~ to which they pertain; the bonuses su~s sho~:d not exceed 5 per' cent of the national e x t r abudq e t ary e co Loq i c f~::-:ci or df the regi:nal, districtual or r.lunicipal extrabu~getary ecologic fund. Article 90. The allocacion oEr.leans for activities described in hrt. 89, .c: -:~e present La'" ispetformed by decisions 0: administrative c cuns Ll s of 'the respective 'funds, adopted after examination of the well reasoned proposals on the part of the State Department for Env i r onme n t , its stn:ctures, environment quality Counsil, ministries ~nd departments, local administration bodies, social organizations. Art icle 91. The national extra budgetary ecologic fund is governed by the Counsil for national extrabudgetary ecologic fund, consisting of three persons: the genera 1 director (when he is absent - his firs~ deputy) of the State Depart~ent for Environment; a permanent r e p r e z en t a t i ve of the Pe r Li ame n t , nom i na t e d by t.n e 37 Chairman of the Parliament and a perma~ent repreze~~ative c~ the Government, no~inate~ by the Pri~e ~ir.ister. The decision c~the Council is a dopt.> by ccns erisus . "he Chairman of the ccunc i l may take a d e c i s . ~n, but in case it disagrees with one or more members of the Council, he ~~st i~:o"~ the Chairman of the Parliament about it. The Council of the: national extrabudgecary ecologic f~nd nu s t prepare an~ual repc=ts on its activity, as well as reports on the activity of local extrabudgetary funds, along "ith the report or. the quality of the environment, Article 92. The local extrabudgetary ecologic fU~d is governed by the districtual, regional or ~unicipal extrabucgetary ecologic Council, consisting of three persons, as fo110''';s: the chairman of the d i s t r i c t ua I Execu t i ve COr.,l7l1ttee, the regional prefect or the ~u~icipal prisar (or when they are absent - their first deputies) as a chair~an of the Council, a permanent repre~entative 0: the local body for environ~ent and a permanent repreze~tative c~ a local body for healt~. The decisic~s of the l~cal extrabudge:ary ecolcgic fund are ad c p t ed 'r:::'/ CC;-,S:2:~sus. T:-,(? cb e irma" of the counc i l mav ti\K42 ~ecisio~s. bl:t i~ case they di~agree ~i~h the opinion of one'or two reenbers o~ the C~uncil. he s~st o!ficia!ly i~fcrm the Cour.cil for governing the ~ational ex~~abudgetary ecclogic f~nd o~ the s i t u a t i cr.. ~~e Cou~ci:s of the lccal extrebud;e:~ry e:01osic f~~~s ~il! p~e5a=~: a~~~~l ~epcrts to :~~e Cc~nci: fo~ q~ver~i~~ the natic~~: e>:t:'".3:':~j:~et.;1=-:' e c o l cq i c f~~~·j. CE..HT~~. 10. Tr3 RES:?JNSIBILITY ros BREl::.::n;G"T':S LAW AND TH:E SOLUTICN'I~rG 0:: T8 LAW SUI rs IN :IEoCJ AREA' OF Er'flIRCNUEN7AL P~Ojl.',c;C~on tl:e civil law Article 9? Tr.e breaking of the req~ire~e~ts o~ prese:::lt 1 a'.'! brings about c.isciulinary action, .mat.er-i s l , or penal, e~cording to the case, in conf'o rmi t.y '.':ith the in force. Article 94. The breeking of or the non-execution of the present caw coulc. bring about the cessatic:::::.,t!ce li!Ilita tion or t~e interdiction of the activities regardless of,the type of property. 38 Article S~. The ph i s i c s I and t?1e juridical persons are obligated to recuperate the dama~es and the prejudices caused through the breaking of the present la~, in t~e ffi8Iillcr ene measure set by the legislation in force. Article 96. The re~resentatives of the e~viro~~ental authoritiis have personal responsibility, in accordance with t~e legislature in force, for the ac~ ~ties of applicatio~ of the current law; the ~hysical and the j~ridical persons, in the event of d.i sagr-e enen t wi th the decisions of the repre sentatives of the enviro~ent authorities, have the ri~~t to aeeress, for the examination and the resolving of the case, to the superior instances for the protection of the environ ment and in t::e event of di s agr-e eraen t with the decision of' t~e super-i.o r instances of theenviro!1!!lental pr'o t.e c td on have t ha ri5:tt to address the judiciary instances. Article 97. In t::'e event that thro~5h the incompetence or thro~&~ t~e abuse of power, the decision o~ the e~viro~~err­ tal aethorities causee c.a:lage or prejudice to the p::ysical or ~ . to the joricical persens, these d.s~ages a~d prejudices are re~ouerg~c by the factors ~ho took the decisio~ in the ffi8nn8r a~d measure set by the lesislation in force. Artier:: 93. The Lawsu i t s ir.. the enviro:1::;.en ~F.l p rc ~.ec tio!: area, in the event f'~ ... ~..... J.. another ~ea~s 0: resolving it through the joint accord of the interested p~r­ ties, are s:lved by the j~diciary instances, in ce~~ormity with tbelegi~lation ic force. CRA.F.l:::~ 11. Article 99. TIS nrTEffiTATIO!,AL TREATIES P.EGARDING 'I'HE DrVlRONMlliV.L PRO TECTION In the caseR when the international agree~ents at whieh the Republic of Moldo?8 participa~es, contai~ ot~e~ provisions than those provided by the lSGisl? tore on the environ.rnental protection Ln the republic 0: !.:C'l dowa, the icternational provisions shall apply.