of September 21, 2017 No. 185
About modification and amendments in some legal acts
The Parliament adopts this organic law.
Art. I. - Article 80 of the Land code No. 828/1991 (repeated publication: 2001, 107, the Art. 817), with subsequent changes and amendments to state the official monitor of the Republic of Moldova to No. in the following edition:
"Article 80. Ecological requirements to planning, placement, construction and commissioning of the objects, structures and constructions influencing condition of lands
Planning, design, placement, construction and commissioning of the new and reconstructed objects, structures and constructions, and also implementation of the new technologies which are negatively influencing condition of lands are performed only if the planned activities underwent previously to assessment procedure of impact on the environment according to the Law on environmental impact assessment No. 86/2014 or if the state environmental assessment of the project documentation according to the Law on environmental assessment No. 851/1996 is carried out.
Placement and construction of facilities, the lands influencing condition, is performed on the basis of environmental measures and in accordance with the terms, specified in nature protection permission or, depending on circumstances, in the conclusion of the state environmental assessment, according to the procedure, stipulated by the legislation.
Commissioning of objects and use of the technologies which are not providing protection of lands against degradation or violation are prohibited.".
Art. II. - In part one of article 22 of the Law on archive fund of the Republic of Moldova No. 880/1992 (1992, No. 1, the Art. 20), with subsequent changes and amendments, words "Consumer protection agency" shall be replaced with words the monitor of Parliament of the Republic of Moldova "Consumer protection and supervision agency of the market".
Art. III. - In the Law on pharmaceutical activities No. 1456/1993 (repeated publication: The official monitor of the Republic of Moldova, 2005, Art. No. 59-61, 200), with subsequent changes and amendments to make the following changes and additions:
1. In Article 11:
part (to state 2) in the following edition:
"(The applicant represents 2) For initiation of the procedure of approval of medicine for the person to the Agency on drugs and medical products:
a) statement for approval;
b) the file for approval according to the requirements approved by the Government.";
add Article with parts (2-1) and (2-2) following of content:
"(2-1) Registration certificate of medicine are issued on the drugs answering to the conditions of quality, efficiency and safety provided by regulations of the Government.
(2-2) Registration certificate of medicine are issued free of charge, for five-year term. After this term the certificate renews and remains in force sine die. Medicine is excluded from the State register after effective period of the registration certificate of medicine in case of non-presentation of the petition for renewal of the certificate.".
2. Add the law with Articles 11-2, 11-3 and 11-4 of the following content:
"Article 11-2. Variation of the statement for approval
(1) the Agency on drugs and medical products rejects the statement for approval of medicine if:
a) discrepancy of the documents filed for receipt of approval, to the requirements provided by part is found (2) Article 11;
b) the ratio of risk and advantage is adverse;
c) therapeutic efficiency is insufficiently proved;
d) the high-quality and quantitative structure does not correspond to the declaration.
(2) Within 30 calendar days from the date of decision making about variation the applicant can submit to the Agency on drugs and medical products the claim with appendix of detailed reasons in its support.
(3) Within 30 calendar days from the moment of receipt of the claim and the supporting documents Agency on drugs and medical products considers the current situation and gives to the applicant the answer concerning consideration and permission of the claim.
Article 11-3. Suspension of action of the registration certificate of medicine
(1) the Agency on drugs and medical products suspends the registration certificate of medicine in case of change by the producer without notice of the Agency on drugs and medical products of the data included in the file provided for receipt of approval that can cause damage to safety of product and/or the consumer's rights.
(2) Suspension voids along with remedial action, formed the basis of the decision on suspension, or in connection with the approval of changes which followed after approval.
(3) In emergency situations (warnings to the World Health Organization and the European agency on drugs, notifications on quality, notifications on detection of counterfeit drugs and with the message on heavy collateral reactions in case of drug intake) for the purpose of protection of health of the population the Agency on drugs and medical products stops use of the approved medicine in the territory of the Republic of Moldova and excludes the medicine approved, but been dangerous from the State register.
(4) the Agency on drugs and medical products in writing informs the producer on suspension of action of the registration certificate of medicine.
Article 11-4. Withdrawal of the registration certificate of medicine
(1) the Agency on drugs and medical products withdraws the registration certificate of medicine in the following cases:
a) medicine lags behind therapeutic progress, has unsatisfactory efficiency or represents inadequate ratio of risk and advantage;
b) medicine is deprived of therapeutic efficiency;
c) the producer petitions for withdrawal of the registration certificate of medicine;
d) the production site does not correspond to the declarations included in documentation submitted at approval stage that is revealed in case of inspection of the producer in the period of effective period of the registration certificate of medicine;
e) medicine is not imported to the Republic of Moldova within three years in a row from the date of issue of the registration certificate of medicine;
f) the approved medicine which is earlier entered on the market is absent in the Republic of Moldova within three years in a row.
(The Agency on drugs and medical products in writing informs 2) Till three calendar days on suspension of action of the registration certificate of medicine of its owner.".
3. In Article 14-1:
consider single part part (1);
add Article with parts (2) and (3) the following content:
"(2) the Basis for implementation of pharmaceutical activities are the license and the certificate of accreditation issued according to the Law on regulation of business activity by permission No. 160/2011 and special laws.
(3) In the part which is not settled by this law, the procedure for request, provision, suspension and withdrawal of the allowing documents provided by this law for business entities is determined by the Law on regulation of business activity by permission No. 160/2011.".
4. State Article 14-2 in the following edition:
"Article 14-2. Licensing of pharmaceutical activities
(For obtaining or prolongation of action of the license the applicant gives 1) to the Agency on drugs and medical products:
a) the statement in which contain: name, form of business, IDNO of the company or organization or surname, name, address and IDNP of the applicant physical person; type of activity, in full or partially for which implementation the license is requested; acceptance on itself the applicant of responsibility for observance of licensed conditions when implementing type of activity on which the license, and for authenticity of the submitted documents is requested;
b) the copy of the document on the property right or employment contracts of the real estate where the licensed activities will be performed;
c) copies of diplomas about the higher or secondary vocational education in the field of pharmaceutics (if necessary - the certificates on nostrification of the diplomas gained abroad granted in accordance with the established procedure);
d) the copy of the certificate confirming permanent increase in level of knowledge;
e) copies of orders on hiring of heads of pharmaceutical organizations and their branches.
(2) In day of registration of a statement and the documents established by this Article for obtaining/renewal of the license, the licensing body informs on it National agency of public health and Standing committee on control of drugs (in case of realization of narcotic and/or psychotropic substances) to make sure (with request about carrying out public health of control visit by the National agency or without that) of compliance of conditions of activities of the applicant to the established requirements, to request and receive permissions, necessary for implementation of pharmaceutical activities, from the relevant organizations.
(3) During no more than 10 working days from the moment of the notice the National agency of public health sends to the licensing body the notification or the protocol of control on results performed, and Standing committee on control of drugs - copies of the permissions/conclusions issued by results of control. If after the notice the National agency of public health did not initiate control and/or did not issue the protocol of control, and the Standing committee on control of drugs, if necessary, did not issue permission within 10 working days from the moment of the notice, the principle of acquiescence becomes effective.
(4) in case of receipt of refusal in issue of permission by required organization the licensing body has the right to refuse licensing.
(5) the Basis for revocation of license is:
a) implementation by the owner of the license of activities, excellent from specified in the license;
b) implementation of activities for the address, excellent from specified in the license;
c) final decision of degree of jurisdiction.
(6) the Basis for suspension of action of the license is:
a) violation of one of conditions of implementation of pharmaceutical activities;
b) lack of the property right or expiration of the contract of hiring of the real estate in which the licensed activities are performed;
c) discrepancy of education documents of hired employees to the performed types of activity;
d) lack of the documents confirming continuous training of workers;
e) absence/cancellation of the certificate on accreditation.
(7) the License is granted for a period of five years.".
5. Add Article 14-3 with Item g) the following content:
"g) refusal in accreditation of pharmaceutical organization according to provisions of the Law on assessment and accreditation in health care system No. 552/2001.".
6. State Article 23 in the following edition:
"Article 23. Import, export and re-export of drugs, other pharmaceutical products, parapharmaceutical products and medicinal raw materials
(1) the Import of the unregistered drugs, other pharmaceutical products, parapharmaceutical products and medicinal raw materials performed for the purpose of registration is made on the basis of the permission issued by the Agency on drugs and medical products.
(2) In the part which is not settled by this law, the procedure for request, provision, suspension and withdrawal of the import permit of the unregistered drugs for the purpose of registration provided by this law for business entities is determined by the Law on regulation of business activity by permission No. 160/2011.
(The applicant gives 3) For receipt of the import permit of the unregistered drugs for the purpose of registration to the Agency on drugs and medical products:
a) the statement in which contain: name, form of business, IDNO of the company or organization or surname, name, address and IDNP of the applicant physical person; name of product;
b) copy of the purchase and sale agreement.
(4) the Agency on drugs and medical products free of charge issues to the applicant the import permit of drugs:
a) within 10 working days from the moment of filing of application - for authorization of import of the registered drugs;
b) within 30 working days from the moment of filing of application - for authorization of import of the unregistered drugs.
(5) the Import permit of the unregistered drugs is valid within six months from the moment of issue, and the import permit of the registered drugs - within one year from the moment of issue.
(6) Import of the registered drugs, export and re-export of drugs, other pharmaceutical products, parapharmaceutical products and medicinal raw materials are performed according to the current legislation.".
Art. IV. - In the Law on environmental protection No. 1515/1993 (Monitor of Parliament of the Republic of Moldova, 1993, No. 10, of the Art. 283), with subsequent changes and amendments, to make the following changes and additions:
1. Item d) Article 3 to state in the following edition:
"d) planning, design, placement and commissioning of subjects to social and economic appointment, program implementation and the planned activities which can make impact on the circle of the Republic of Moldova or other states are allowed only under condition:
- carrying out concerning the types of activity specified in appendices 1 and 2 to the Law on environmental impact assessment No. 86/2014, of assessment procedure of impact on environment or, depending on circumstances, the state environmental assessment and receipt of nature protection permission or the conclusion of the state environmental assessment in the procedure established by the legislation;
- informing on the planned activities of local public authority by bodies and initiators of the planned activities of the population living in limits of the corresponding object, and ensuring process of its participation in decision making at design stages and placements;".
2. In the subitem and) Item 13) Article 8 of the word "the state environmental assessment;" shall be replaced with words "impact estimates on environment;".
3. Add Article 10 with Item k) the following content:
"k) gives to the initiator of the planned activities support in the organization of process of informing the public and public discussions of documentation on assessment of impact of objects or the planned activities on environment.".
4. In Article 15:
in Item and) shall be replaced with words words of "the state control of condition of the circle and its components, observance" "monitoring of condition of the circle and its components and observance";
in Item b) words "implementation of environmental audit;" shall be replaced with words "issue of the conclusions of the state environmental assessment for the types of activity which are not requiring nature protection permission or are not provided in appendices to the Law on environmental impact assessment No. 86/2014;";
Item g) to state in the following edition:
"g) development of the regulatory base necessary for accomplishment of tasks on protection of environment, with ensuring its compatibility with international treaties, one of the parties of which is the Republic of Moldova, and with the European Union law, and also development public the politician in this area, ensuring their implementation, monitoring, assessment and the reporting on their realization;".
5. In Article 16:
in Item and) the words "carries out the state environmental assessment which is its exclusive competence" shall be replaced with words "develops and advances projects legislative and regulations, program documents in the field of protection of the circle and steady use of natural resources, issues departmental acts,";
Item b) to declare invalid;
c) and d) state Items in the following edition:
"c) issues in areas of the competence to physical persons and legal entities the allowing documents for implementation of the business activity influencing on environment, provided by the List of allowing documents approved by the Law on regulation of business activity by permission No. 160/2011;
d) carries out impact assessment on the circle of the planned objects and types of economic activity falling under operation of the Law on environmental impact assessment No. 86/2014, by consideration of documentation on impact assessment on environment and issues of nature protection permission for implementation of these types of activity; carries out the state environmental assessment of the project documentation on construction, expansion, reconstruction, re-equipment, upgrade, reshaping, preservation, demolition and the liquidation of objects which are not requiring evaluating impact on environment and issues for this purpose the conclusion of the state environmental assessment;";
in Item f) shall be replaced with words the words "to conducting the state environmental assessment, development of programs of protection of the circle;" "to development of the ecological conclusions on the types of activity and the project documentation which are not requiring nature protection permission to conducting the state environmental assessment, to consideration of documentation on impact assessment on environment at the national level and in cross-border context;";
Items h) and i) recognize invalid.
6. State Article 20 in the following edition:
"Art. 20. - (1) the administrative system of the central body for natural resources and protection of the circle includes central office of body and organizational structures in the field of its competence.
(2) the Central office of the central body for natural resources and protection of the circle consists of managements, departments and services which tasks are organizational support of activities, project development of regulations, including drafts of program documents, cooperation with other bodies of the public power and normative legal regulation, and also management of the sphere of competence of this body.
(3) Organizational structures in the field of competence of the central body for natural resources and protection of the circle are administrative authorities, public organizations and the state companies subordinated to it which founder he is. Subordinated administrative authorities are created for the purpose of ensuring implementation of policy in the field of protection of the circle and management of the separate subareas relating to the sphere of competence of the central body for natural resources and protection of the circle. Subordinated administrative authorities can have territorial subdivisions - deconcentrated public services.
(4) the Structure and procedure for the organization of activities of central office of the central body for natural resources and protection of the circle and administrative authorities subordinated to the last affirm the Government.".
7. To state part 2 of Chapter III in the following edition:
"Part 2 impact Assessment on environment and the state environmental assessment
Art. 21. - (1) impact Assessment on environment and the state environmental assessment - the mechanisms of ensuring protection of the circle used at the initial stages of planning of activities for the purpose of:
a) preliminary determination of direct or indirect effects which can have some public or private projects or some types of the planned activities for environment and health of the population, and ensuring compliance of characteristics of these types of activity to the current legislation, regulations and standards in the field of environment;
b) prevention and decrease in impact on environment and health of the population by development of the measures for protection of environment which are subject to observance in case of project implementation, or by means of prohibition of realization of the planned activities in case of violation of requirements for protection of environment;
c) developments and providing the accurate and efficient regulatory base in the field of environment.
(2) In the part which is not settled by this law, the procedure for request, provision, suspension and withdrawal of the allowing documents provided by this law for business entities is determined by the Law on regulation of business activity by permission No. 160/2011.
Art. 22. - (1) the Subject, scope of application and procedures of evaluating impact on environment at the local level, the national level or in cross-border context are established by this law and the Law on environmental impact assessment No. 86/2014.
(2) impact Assessment on environment is carried out concerning public or private projects or the planned activities, the new objects consisting in construction, expansion, reconstruction, upgrade, reshaping, planning of new constructions and/or types of activity, production or use of natural resources, impact on the territory or landscape, untouched or a little changed by activities of the person, concerning the project documentation on the construction, expansion, reconstruction of objects and the planned activities provided for social and economic development of the Republic of Moldova, separate zones, areas, municipiums, the cities, villages, such as providing settlements with heating, gas, electrical energy, water and systems of the sewerage, projects of town planning and improvement of the territories of city and rural settlements and also concerning other actions, realization or resulting effect of which can significantly affect on environment.
(3) impact Assessment on environment is performed by the central body for natural resources and protection of the circle on the basis of documentation on the impact assessment on environment developed and provided by the initiator of activities.
Art. 23. - (1) After studying of documentation on impact assessment on environment the central body for natural resources and protection of the circle makes the decision on issue or on refusal in issue of nature protection permission or returns documentation on impact assessment on environment for completion.
(2) Nature protection permission establishes conditions and measures for prevention and decrease in negative impact on environment which without fail shall be considered by authorized bodies in case of issue of allowing documents and be observed in implementation process of the project.
(3) Nature protection permission is valid within four years.
Art. 24. - The subject, scope of application and procedures of conducting the state environmental assessment are established by the Law on environmental assessment No. 851/1996.".
8. To state the name of part 3 of Chapter III in the following edition:
"Part 3 Inspectorate for environmental protection";
9. In Article 26:
in part (the words "State Inspection of Quality" shall be replaced with words 1) "Inspectorate for environmental protection";
part (to state 3) in the following edition:
"(3) the Chief state inspector of the circle is the chief of Inspectorate for environmental protection; the chief district inspectors of the circle head territorial inspectorates for protection of environment; the senior state inspectors, the state inspectors, the senior district inspectors and district inspectors of the circle are the employees of Inspectorate for environmental protection and territorial inspectorates for protection of environment appointed to these positions according to education and by results of certification.".
10. In Article 27:
part (to state 1) in the following edition:
"(1) the Chief state inspector of the circle and the chief district inspectors of the circle, and in their absence - their deputies have the right:
a) seal installations, technical equipment, rooms and other personal and real estate used for unauthorized/illegal activities for production of natural resources;
b) stop and prohibit designing, construction, reconstruction of industrial, agricultural facilities and social facilities, works on operation of natural resources and other works in case of identification of abuses of regulations of protection of the circle and rational use of natural resources if similar violations can lead to pollution of the circle and unauthorized/irrational use of natural resources;
c) on own initiative or on representation of bodies of local public authority to stop, fully or partially, any activities in case of identification of abuses of regulations of protection of the circle and rational use of natural resources if similar violations can lead to pollution of the circle and unauthorized/irrational use of natural resources;
d) perform the measures provided by Items and), b) and c), with appellate procedure observance, and also according to the procedure and the limits established by the Law on the state control of business activity No. 131/2012;
e) demand from competent authorities of disciplinary punishment of the ranking officers who did not provide compliance with law about protection of the circle;
f) consider materials (cases) on violation of the law about protection of the circle and make decisions according to the current legislation;
g) pass decisions concerning physical persons and legal entities, including foreign, about compensation of the damage caused to the circle as a result of its pollution and/or unauthorized/irrational use of natural resources;
h) make civil actions to the state bodies, the companies, organizations, the organizations and physical persons which caused damage to environment as a result of its pollution and/or unauthorized/irrational use of natural resources.";
add Article with part (1-1) following contents:
"(1-1) Activities of business entity can be suspended partially on the basis of the measures provided by part (1) if as a result of control discrepancies which inevitably attract pollution of the circle and unauthorized/irrational use of natural resources and which can be eliminated in the shortest possible time are revealed. Activities of business entity can be suspended completely on the basis of the measures provided by part (1), only if as a result of control are revealed rough, with exceeding of the most admissible concentration of pollutants, violations which will create explicit and direct threat of pollution of the circle and as a result will cause essential damage to environment and health of the population and which cannot be eliminated without complete stop of activities.".
11. Item I) to add articles 28 after the word of "commissions" with the words "at the choice of the parcel of land and".
12. Add Chapter III with part of 3-1 following content:
"Part 3-1 Agency of the environment
Art. 29-1. - (1) For the purpose of ensuring realization of policy in the field of protection of the circle in separate fields of activity of the central body for natural resources and protection of the circle, and also for providing procedures of provision, suspension and withdrawal of allowing documents in the field of protection of the circle in subordination of this body the Agency of the environment is created and is effective.
(2) the Agency performs the following main functions:
a) provides implementation of program documents and the legislation in the field of protection of the circle at the national and local levels;
b) gives technical support in reasons for drafts of program documents, legislative and regulations in the field of protection of the circle;
c) regulates and authorizes the activities making impact on environment by issue of the allowing documents to physical persons and legal entities for implementation of the business activity making impact on environment (authorizations, nature protection permissions, permissions, certificates, notifications, the conclusions and approvals) provided the List of allowing documents approved by the Law on regulation of business activity by permission No. 160/2011;
d) performs monitoring of quality of factors of the circle (monitoring of quality of water, air, the soil, monitoring of forest fund and fund of the natural territories protected by the state, monitoring of condition and use of water resources and the soil, monitoring of plant and animal life, fishery monitoring, monitoring of condition of subsoil, air pollution monitoring, geological monitoring, monitoring of pollution of the circle) for the purpose of providing physical persons and legal entities with information on quality of the circle, development of system of statistics in the field of protection of the circle, and also for the purpose of development and the publication of the National status report of the circle in the Republic of Moldova;
e) creates and administers special inventories and registers, administers information system and system of data in areas of the activities and provides access for the public to information on environment.
(3) the Government approves procedure for the organization of activities of the Agency of the environment, its structure and the staff list.".
13. In Item g) Article 32 of the word "activities examinations," shall be replaced with words "impact estimates on environment and the state environmental assessment of the planned activities,".
14. In Article 36-1 of the word of "The state ecological inspection" shall be replaced with words "Inspectorates for environmental protection".
15. Add Article 40 with words ", on lands of private property, except as specified, when the right of private property to the earth is acquired as a result of privatization of public property, irrespective of successorship of legal deeds of conveyance of property, or on the lands of forest fund which are in private property.".
16. In part (Article 41 of the word "only in the presence of positive conclusion of the State environmental assessment." shall be replaced with words 1) "only on condition of receipt of nature protection permission or the conclusion of the state environmental assessment.".
Art. V. - In the Law on protection of monuments No. 1530/1993 (repeated publication: The official monitor of the Republic of Moldova, 2010, Art. No. 15-17, 23), with subsequent changes and amendments to make the following changes:
1. State Article 16-1 in the following edition:
"Art. 16-1. - (1) Inspection on places of monuments of history, art and architecture and their protective zones, and also check of compliance with law in the field of protection of monuments by owners of these monuments of any legal form are provided with Agency on protection and restoration of monuments.
(2) the Agency on protection and restoration of monuments is subordinated to the Ministry of Education, culture and researches specialized agency which acts on the basis of the provision approved by the Government and is financed from the government budget within the established funds.
(3) Any verification and any request of data concerning monuments history, the arts and architecture and their protective zones falling under concept of the state control according to the Law on the state control of business activity No. 131/2012, can be performed concerning business entities only together with technical supervision Agency according to the Law on the state control of business activity.".
2. In Article 57 of the word "and the commissions authorized by the Ministry of Culture (the stating agent)" to exclude.
Ст.VI. - In the Law on fire safety No. 267/1994 (Official monitor of the Republic of Moldova, 1995, Art. No. 15-16, 144), with subsequent changes and amendments, to make the following changes and addition:
1. In part (Article 4 of the word "perform bodies of the state fire supervision." shall be replaced with words 1) "performs technical supervision Agency (further - body of the state fire supervision).".
2. In Article 11:
consider single part part (1) and in it:
in Item c) words", to the conclusions and preventions of bodies" shall be replaced with words "and to the conclusions of body";
in Item j) to replace the word of "bodies" with the word of "body";
add Article with parts (2) - (5) the following content:
"(2) At least in 15 days prior to economic activity the legal entity or physical person shall along with the notification submitted, if necessary, according to the Law on domestic trade No. 231/2010, to notify on it and body of the state fire supervision around which activities economic activity will be performed. The notification received from legal entity or physical person or the notice received from body of the local public government which, in turn, was notified according to the Law on domestic trade No. 231/2010, forms the basis for initiation of unannounced inspection by body of the state fire supervision for the purpose of check of observance of requirements and measures of fire safety. The procedure and form of the notification affirm the Government.
(3) Upon completion of construction works and before delivery of the constructed/reconstructed object in operation, in cases when according to the law the notification of state control body of quality in construction is required, at the same time notifies the responsible person, electronically or on paper, and body of the state fire supervision around which activities there is the corresponding object, about fire-proof actions. The notification forms the basis for initiation of unannounced inspection by body of the state fire supervision with obligatory participation of the representative of service of rescuers and firefighters for the purpose of check of observance of requirements and measures for fire safety. The procedure and form of the notification affirm the Government.
(4) by results of the control which is carried out according to parts (2) and (3), the body of the state fire supervision constitutes the protocol of control in which notes absence or availability of departures from requirements of the legislation. Control is exercised on free basis, and the protocol of control is constituted no later than 15 days from the moment of the notification. After receipt of the protocol of the control confirming lack of departures from requirements of fire safety for object or the activities specified in the notification, the business entity shall not receive from body of the state fire supervision of any other conclusions or approvals any more. The body of the state fire supervision shall transfer without delay to service of rescuers and firefighters any changes of information from supervising case of object revealed during the state control.
(5) If the body of the state fire supervision did not initiate control after receipt of the notification and/or did not issue the protocol of control within 15 working days from the moment of submission of the notification, the principle of acquiescence becomes effective, and the notification copy with mark about acceptance of the notification replaces with itself the protocol of control until the body of the state fire supervision does not issue the protocol of control in the appropriate order.".
3. To state the name of Chapter III in the following edition:
Chapter III. Service of rescuers and firefighters and body of the state fire supervision";
4. In part (1) Article 14 of the word"," to exclude implementation of the state supervision of ensuring fire safety.
5. In part (Article 16 of the word "implementation of the state fire supervision and" to exclude 1).
6. 22, 23 and 23-1 to state Articles in the following edition:
"Article 22. Obligations of bodies of service of rescuers and Organa's firefighters of service of rescuers and firefighters shall:
a) render assistance in development of regulations and fire safety regulations, to draw the conclusions on drafts of the standards, specifications, regulations and rules containing requirements of fire safety;
b) inform the population on condition of fire safety of objects;
c) give help to voluntary fire forming in the organization of scheduled maintenance and combat training;
d) give help to bodies of the public power and organizations, economic units in the organization of training of workers in regulations and fire safety regulations.
Article 23. Obligations of body of the state fire supervision
The body of the state fire supervision shall:
a) exercise supervision of procedure for observance by bodies of the public power and organizations, economic units, officials, other employee categories, and also physical persons of requirements of this law, standards, regulations and fire safety regulations;
b) exercise selective control behind procedure for observance by the project and construction organizations, economic units and physical persons of requirements of fire safety during the designing, construction, reconstruction and modernization of objects;
c) know condition of fire safety, fire danger of persons under surveillance of objects;
d) constitute, with obligatory participation of the serving bodies of service of rescuers and firefighters, supervising case of object, to transfer the copy of case, and also any changes of information containing in case, service of rescuers and firefighters;
e) participate, with obligatory participation of the serving bodies of service of rescuers and firefighters, in work of the commissions on final acceptance of the structures and the connected constructions financed from state or local budgets;
f) observe provisions of the Law on the state control of business activity No. 131/2012 during implementation of the state control and supervision over persons who are engaged in business activity.
Article 23-1. The rights of bodies of service of rescuers and Organa's firefighters of service of rescuers and firefighters have the right:
a) check fighting capacity of voluntary fire forming on objects;
b) check training of specialists of national economy and physical persons concerning fire safety;
c) demand from bodies of the public power, organizations and economic units of submission of data and documents on the fires and their effects;
d) involve in accordance with the established procedure specialists of the research and project organizations, technical and other workers of objects in development of fire-proof actions, conducting fire investigations;
e) represent offers on preparation of legal and other regulations concerning ensuring fire safety;
f) develop regulations and fire safety regulations, to approve regulations in the field of fire safety;
g) make investigation of cases of the fires according to the current legislation.".
7. In Article 23-2:
in part (words "employees of bodies" shall be replaced with words 2) "inspectors of body", and the words "under the leadership of employees of Management of rescuers and firefighters with participation of specialists of other supervisory authorities." - the words "with obligatory participation of the serving bodies of service of rescuers and firefighters.";
in part (words "employees of bodies" shall be replaced with words 3) "inspectors of body", and at the end to add part with the words "with obligatory participation of the serving bodies of service of rescuers and firefighters.";
in part (words "employees of bodies" shall be replaced with words 4) "inspectors of body", and at the end to add part with the words "with obligatory participation of the serving bodies of service of rescuers and firefighters.
8. State Article 24 in the following edition:
"Article 24. Rights of body of the state fire supervision
(1) the Body of the state fire supervision has the right:
a) demand from bodies of the public power, organizations and economic units of submission of the data and documents characterizing condition of fire safety of objects and products;
b) conduct fire and technical examination of objects, publish recommendations about elimination of violations of this law, standards, regulations and fire safety regulations and, if necessary, to dispose about acceptance of rationing arrangements in the procedures and limits established by the law;
c) check condition of means of fire protection on objects;
d) stop, fully or partially, work of economic unit (separate production), to prohibit operation of buildings, constructions, certain rooms, production sites or aggregates in case of identification of abuses of regulations of fire safety, and also identification of the reasons and conditions which can lead to the fire create explicit and direct threat for life and human health and can entail destruction of material values;
e) stop, fully or partially, construction and reconstruction of objects in case of identification of departures from the design estimates or non-compliance with fire-proof rules, containing in standards, regulations and rules that can lead to the fire, creates explicit and direct threat for life and human health and can entail destruction of material values;
f) take the measures provided by Items d) and e), with appellate procedure observance, and also according to the procedure and the limits established by the Law on the state control of business activity No. 131/2012;
g) impose according to the current legislation of the sanction in the form of penalty for violation or failure to carry out of standards, specifications, regulations and fire safety regulations, and also to dispose about acceptance of rationing arrangements with observance of provisions of Item f) and the following principles:
- legality and respect for the competence established by the law;
- pronouncement of recommendations about elimination of the violations revealed as a result of checks;
- non-admission of application of the sanctions which are not provided by the law;
- interpretation of the doubts arising in the course of application of the legislation for benefit of person;
- covering of expenses on monitoring procedure at the expense of the state;
- right of appeal of actions of monitoring body;
h) bring to the ministries, other bodies and organizations, heads of economic and other units of the offer on release in the procedure established by the law from post of persons, systematically or the instructions of body of the state fire supervision which are roughly violating fire safety regulations or evading from accomplishment;
i) render paid services on contractual basis. The list of paid services and the size of rates for services are established by the Government.
(2) Work of economic unit or construction and reconstruction of objects can be suspended partially on the basis of the measures provided by part (1) if as a result of control discrepancies which can be eliminated in the shortest possible time are revealed, and in case of not elimination obviously lead to emergence of the fire and create direct threat for life and human health and destruction of material values. Work of economic unit or construction and reconstruction of objects can be suspended completely on the basis of the measures provided by part (1) if as a result of control gross violations which obviously and directly lead to emergence of the fire are revealed, creating direct threat for life and human health and destruction of material values in considerable sizes and which, however, cannot be eliminated without complete stop of activities.".
9. In part (Article 31 of the word "with bodies of the state fire supervision." shall be replaced with words 3) "with bodies of service of rescuers and firefighters.".
10. State Article 33 in the following edition:
"Article 33. Supervision and accounting of the business entities rendering services in the field of fire safety
(1) In case of initiation of activities for installation and/or adjustment, maintenance of the automated detection systems and suppressions of the fires, and also
systems of antismoke protection of buildings and the notification about the fire business entities shall in 15 working days prior to activities notify on it body of the state fire supervision. The method and form of the notification and documents attached to it affirm the Government.
(2) the Notification shall contain identification data of business entity, and also data based on which it is possible to determine the performance and compliance to conditions necessary for rendering services in installation and/or adjustment, maintenance of the automated detection systems and suppression of the fires, and also systems of antismoke protection of buildings and the notification about the fire. By means of the notification the business entity declares compliance of the activities specified in the notification, to stipulated by the legislation requirements under own responsibility and, depending on circumstances, addresses for carrying out unannounced inspection by body of the state fire supervision for certification of the performance specified in the notification and the declared observance of conditions.
(3) the Body of the state fire supervision shall within 15 days from the moment of receipt of the notification to consider the notification, to carry out, if necessary, control visit and to register business entity if the last meets all the established law the requirements to implementation of the activities specified in the notification and if as a result of control instructions are not issued
(4) After initiation of activities for installation and/or adjustment, maintenance of the automated detection systems and suppression of the fires, and also systems of antismoke protection of buildings and the notification about the fire business entities shall inform body of the state fire supervision on any changes of the data containing in the notification or the documents attached to it, no later than 10 days from the moment of emergence of changes.
(5) the persons trained in accordance with the established procedure and certified by the commission specialized in the field created as a part of service of rescuers and firefighters have the right to Perform activities in the field of fire safety.
(6) Training and professional certification of the specialists performing activities in the field of fire safety are component of system of fire safety and are carried out for the purpose of observance of regulations in the field of fire safety on the basis of the provision developed by body of the state fire supervision and approved by the Government.".
11. In part (Article 35 of the word of "bodies of the state fire supervision" shall be replaced with words 1) "bodies of service of rescuers and firefighters".
Art. VII. - In the Law on civil protection No. 271/1994 (Official monitor of the Republic of Moldova, 1994, No. 20, of the Art. 231), with subsequent changes and amendments, to make the following changes and addition:
1. In Article 8:
in Item b) words "civil protection;" shall be replaced with words "mitigations of consequences of emergency situations;";
Item to) to declare invalid.
2. In Article 9:
consider single part part (1);
add Article with part (2) the following content:
"(2) the State supervision of implementation of actions on civil protection is exercised by technical supervision Agency (further - state supervision body in the field of civil protection).".
3. In the name of Chapter IV of the word "the state supervision," to exclude.
4. In part (Article 17 of the word "and at the same time Chief state inspector of Civil protection also has the right to make orders (orders) from his name" to exclude 3).
5. In Article 18:
in part (1) the word of "inspection", in both cases to exclude;
in part (the word of "(inspectors)" to exclude 3); in part (the word of "(inspector)" to exclude 5); in part (6) word of "inspections", to exclude.
6. 19, 20 and 21 to state Articles in the following edition:
"Article 19. The rights and obligations of the General inspectorate on emergency situations
(1) the General inspectorate on emergency situations has the following rights:
a) control in administrative and territorial units and on objects of national economy readiness of forming of civil protection for accomplishment of the tasks assigned to them;
b) check the level of knowledge of civil protection of the leading, command commanding structure, specialists of national economy and physical persons;
c) demand from bodies of the public power, organizations and economic units of submission of data on condition of civil protection of objects of national economy and the population, and also about the arisen emergency situations and their effects;
d) involve in the procedure for specialists of research and design institutes and organizations, technical and other workers of objects of national economy established by the law in development of actions for civil protection, conducting the corresponding examinations;
e) represent to bodies of the public power drafts of legal and other regulations on civil protection;
f) develop standards, regulations and rules of engineering, radiation, chemical, medicobiological protection of objects of national economy and the population, to approve regulations in the field of civil protection.
(2) the General inspectorate on emergency situations shall:
a) inform the population on condition of civil protection of objects of national economy;
b) render assistance in development of standards, regulations and rules of civil protection.
Article 20. Obligations of state supervision body in the field of civil protection (1) the State supervision body in the field of civil protection shall:
a) exercise supervision of observance by bodies of the public power, organizations, economic units, and also physical persons of requirements of this law, other regulations on civil protection;
b) inform bodies of the public power on condition of civil protection of objects of national economy and results of supervising activities;
c) exercise supervision of accomplishment by the project and construction organizations, and also economic units and physical persons of requirements of engineering, radiation, chemical, medicobiological protection of the population during the designing, construction, reconstruction and modernization of objects;
d) participate in work of the commissions on final acceptance of the structures and the connected constructions financed from state or local budgets.
(2) the State supervision body in the field of civil protection exercises the state control and supervision over persons who are engaged in business activity according to provisions of the Law on the state control of business activity No. 131/2012.
Article 21. The rights of state supervision body in the field of civil protection
(1) the State supervision body in the field of civil protection for accomplishment of the obligations assigned to it is granted the right:
a) carry out engineering, radiation, chemical, medicobiological inspection of objects of national economy, publish recommendations for elimination of violations of this law, standards, regulations and rules of civil protection and, if necessary, to dispose about acceptance of rationing arrangements in the procedures and limits established by the law;
b) check in administrative and territorial units and on objects of national economy condition of means of individual and collective protection;
c) stop, fully or partially, work of economic unit (separate production), to prohibit operation of buildings, constructions, certain rooms, production sites or aggregates in case of identification of violations of requirements for civil protection, and also identifications of the reasons and conditions which can lead to emergence of emergency situation create explicit and direct threat for life and human health and can entail destruction (infection) of material values;
d) stop, fully or partially, construction and reconstruction of objects in case of identification of departures from the design estimates or non-compliance with requirements, containing in standards, regulations and rules of civil protection that can lead to emergence of emergency situation, creates explicit and direct threat for life and human health and can entail destruction (infection) of material values;
e) take the measures provided by Items c) and d), with appellate procedure observance, and also according to the procedure and the limits established by the Law on the state control of business activity No. 131/2012;
f) impose according to the current legislation of the sanction in the form of penalty for violation or failure to meet requirements, standards, regulations and rules of engineering, radiation, chemical, medicobiological protection of objects of national economy and the population, and also to dispose about acceptance of rationing arrangements with observance of provisions of Item е) and the following principles:
- legality and respect for the competence established by the law;
- pronouncement of recommendations about elimination of the violations revealed as a result of checks;
- non-admission of application of the sanctions which are not provided by the law;
- interpretation of the doubts arising in the course of application of the legislation for benefit of person;
- covering of expenses on monitoring procedure at the expense of the state;
- right of appeal of actions of monitoring body;
g) render paid services on contractual basis. The list of paid services and the size of rates for services are established by the Government.
(2) Work of economic unit or construction and reconstruction of objects can be suspended partially on the basis of the measures provided by part (1) if as a result of control discrepancies which can be eliminated in the shortest possible time are revealed, and in case of not elimination obviously lead to emergence of emergency situations and create direct threat for life and human health and destruction (infection) of material values. Work of economic unit or construction and reconstruction of objects can be suspended completely on the basis of the measures provided by part (1) if as a result of control gross violations which obviously and directly lead to emergence of emergency situations are revealed, creating direct threat for life and human health and destruction (infection) of material values in considerable sizes and which, however, cannot be eliminated without complete stop of activities.".
7. In part (Article 25 of the word of "state supervision bodies in the field of civil protection" shall be replaced with words 2) "General inspectorate on emergency situations".
Art. VIII. - In the Law on breeding case in livestock production No. 371/1995 (repeated publication: The official monitor of the Republic of Moldova, 2010, Art. No. 52-53, 160), with subsequent changes to make the following changes:
1. Item and) Article 9 to declare invalid.
2. In part (Article 12 of the word "and the license for the activities in the field granted according to the Law on regulation of business activity by licensing No. 451-XV of July 30, 2001" to exclude 1).
3. Recognize Article 12-1 invalid.
Art. IX. - In the Law on health protection No. 411/1995 (Official monitor of the Republic of Moldova, 1995, No. 34, of the Art. 373), with subsequent changes and amendments, to make the following changes:
1. State Article 9-1 in the following edition:
"Article 9-1. Conditions of activities of private institutions of health care
For delivery of health care private institutions of health care shall comply with the following conditions of activities:
a) the private institution of health care shall be included in the List of healthcare institutions approved by the Ministry of Health, work and social protection;
b) rendering medical services in the asked type of activity shall correspond to the List of professional specializations approved by the Ministry of Health, work and social protection;
c) the private institution of health care shall have sanitary permission to the performed type of activity;
d) the private institution of health care shall have the certificate of accreditation.".
2. Recognize Article 9-2 invalid.
3. In part (2) Articles 33, parts (Article 33-1 and Article 41-1 of the word "licensed and" and "licensed and" to exclude 1).
Art. X. - In the Law on fauna No. 439/1995 (Official monitor of the Republic of Moldova, 1995, Art. No. 62-63, 688), with subsequent changes and amendments, to make the following changes:
1. In part (Article 5 of the word "with the central body of the state for management of natural resources and environmental protection" shall be replaced with words 2) "with Inspectorate for environmental protection".
2. Recognize Article 6 invalid.
3. In Article 8 of the word "with the central body of the state for management of natural resources and environmental protection" shall be replaced with words "with Inspectorate for environmental protection".
4. State Articles 12 and 13 in the following edition:
"Article 12. Measures for prevention and decrease in impact on fauna, habitats, conditions of reproduction and way of migration of animals
(1) Planning, design and work on plowing of virgin lands, irrigation, drainage of the soil, wood stubbing, mining, construction of different objects, development of tourist routes, creation of zones of mass rest of the population, placement of long, highway, pipeline distance railways, channels, dams are performed only if the planned activities underwent previously assessment procedure of impact on the environment according to the Law on environmental impact assessment No. 86/2014 or if the project documentation underwent to the state environmental assessment according to the Law on environmental assessment No. 851/1996.
(2) Implementation of the works specified in part (1), it is allowed on the basis of nature protection permission or, depending on circumstances, the conclusion of the state environmental assessment, with observance of the conditions and environmental measures provided in these documents.
Article 13. Approval of sites of the objects influencing fauna condition
(1) the Choice of the site of objects is approved with the central body of the state for management of natural resources and environmental protection by signing, by results of participation in structure of the commissions on the choice of the parcels of land, acts of the choice of the respective sites.
(2) in case of disagreement with separate Items in acts of the choice of the parcels of land the central body of the state for management of natural resources and environmental protection constitutes the conclusion in which states disagreement reasons, and applies it to acts of the choice of sites.".
5. In Article 17:
in part (5) "nature protection" to exclude the word;
in part (6) words of "nature protection permission" shall be replaced with words "permissions to import/export";
in part (9)слова", and the payment for issue of nature protection permission and the permission/certificate of CITES, stipulated in Clause 19, is brought in the moment of issue of the document and transfered to account National ecological fund" to exclude.
6. State Article 19 in the following edition:
"Article 19. Import, export, re-export, transit, resettlement, acclimatization and crossing of animals
(1) Import and export of the animals, their parts and derivatives withdrawn from wild fauna in live condition, fresh or in the form of semifinished products, are allowed only based on the import permit or export of wild animals issued by the central body of the state for management of natural resources and environmental protection.
(2) the Import, export, re-export and transit of animals, their parts and derivatives regulated by the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance (CITES) are allowed only based on the permission/certificate of CITES issued by CITES administrative authority.
(3) the Physical persons and legal entities intending to perform import, export, re-export or transit of the animals, their parts and derivatives withdrawn from wild fauna in live condition fresh or in the form of semifinished products, shall request and receive from the bodies specified in parts (1) and (2), the corresponding permission or the permission/certificate of CITES. For this purpose the applicant represents to the central body of the state for the management of natural resources and environmental protection which is at the same time CITES administrative authority, the statement and complete packet of the documents attached to it.
(4) In the part which is not settled by this law, the procedure for request, provision, suspension and withdrawal of the allowing documents provided by this law for business entities is determined by the Law on regulation of business activity by permission No. 160/2011.
(5) For receipt of the import permit the applicant submits the following documents:
a) the statement containing the following information: the import purpose, the imported goods (the name of type in Latin and in state language) and its condition (live, product or derivative product), the imported quantity (number of copies or kilograms), the exporting country and legal address of the user, the place of content of animal;
b) the copy of the contract between the importer and the exporter (in case of legal entities) with indication of in it conditions of transportation of live animals;
c) the copy of the veterinary and sanitary permission to functioning of zoological gardens / constructions issued by the National agency on safety of foodstuff in case of import of live animals who will contain in bondage;
the copy of the veterinary sanitary certificate in case of import of live animals who will be introduced into natural ecosystems (are acclimatized), - for guaranteeing that this type will not cause damage to local wild fauna.
(6) the Import permit is free, it is issued in 15-day time from the moment of giving of complete document package, and affects only one transaction within three months from the moment of issue. The form of the import permit affirms the Government.
(7) For receipt of the import permit the applicant submits the following documents:
a) the statement containing the following information: the export purpose, the exported goods (the name of type in Latin and in state language) and its condition (live, product or derivative product), the exported quantity (number of copies or kilograms), the importing country and legal address of the user, the place of content of animal;
b) the copy of the contract between the exporter and the importer (in case of legal entities) with indication of in it conditions of transportation of live animals;
c) permission to getting of animals if the applicant is owner of such permission,
d) the copy of permission to getting of animals if the applicant is not owner of such permission, received from the owner of permission;
e) copies of delivery notes on purchase of goods for the purpose of export if the applicant is not owner of permission to getting of animals and were acquired by goods at the owner of permission to getting of animals.
(8) in the course of consideration of the application the body issuer appeals to Inspectorate for environmental protection to visit the place of content of animals in bondage, to check the data stated in the application and in the documents attached to it and to draw up the control act which is enclosed to the application of the applicant.
(9) the Import permit is issued in 15-day time from the moment of giving of complete document package, and affects only one transaction within three months from the moment of issue. In case of decision making about issue of the import permit by the central body of the state for management of natural resources and environmental protection the last three days before the expiration of deadline sends to the applicant by means of single electronic window the notification which reports about readiness to issue permission and need of introduction of the collection established for this permission with submission of the document confirming payment in case of issue of the allowing document. The form of the import permit affirms the Government.
(10) For issue of the import permit the following charges which are transfered to account National ecological fund are established:
Snails live (genetic resource) leu/kg 2,0
Meat of snail without sink the refrigerated leu/kg 4,0
Sink of snail of 0,5 of leu/kg
Combs, frogs and crayfish, live leu/kg 4,0
Combs, frogs and crayfish, in the form of leu/kg 3,0 semifinished products
Other water organisms (fishes, worms, Crustacea, etc.) leu/kg 3,0
Decorative fishes (genetic resource) of leu/piece 2,0.
Hares and other small wild mammals, live (genetic resource) leu/piece 40,0.
The hares and other small wild mammals shot by leu/kg 10,0
Large wild mammals, live (genetic resource) leu/piece 500,0.
The large wild mammals shot by leu/kg 20,0
Birds wild live (genetic resource) leu/piece 30,0.
Birds wild, shot by leu/kg 10,0
(11) For receipt of the permission/certificate of CITES for import the applicant submits the following documents:
a) the statement containing the following information: the import purpose, the imported goods (the name of type in Latin and in state language) and its condition (live, product or derivative product), the imported quantity (number of copies or kilograms), the exporting country and legal address of the user, the place of content of animal;
b) the copy of the contract between the importer and the exporter (in case of legal entities) with indication of in it conditions of transportation of live animals;
c) the copy of the permission/certificate of CITES for export issued by CITES administrative authority of the exporting country;
d) the copy of the veterinary and sanitary permission to functioning of zoological gardens / constructions issued by the National agency on safety of foodstuff in case of import of live animals who will contain in bondage.
(12) For receipt of the permission/certificate of CITES for export, re-export or transit the applicant submits the following documents:
a) the statement containing the following information: type and the purpose of the transaction, goods (the name of type in Latin and in state language), its condition (live, product or derivative product) and quantity (number of copies or kilograms), the importing country and legal address of the user, the place of content of animal;
b) the copy of the contract between the exporter and the importer (in case of legal entities) with indication of in it conditions of transportation of live animals;
c) permission to getting of animals if the applicant is owner of such permission;
d) the copy of permission to getting of animals if the applicant is not owner of such permission, received from the owner of permission;
e) copies of delivery notes on purchase of goods for the purpose of export if the applicant is not owner of permission to getting of animals and were acquired by goods at the owner of permission to getting of animals;
f) the copy of the permission/certificate of CITES for import issued by CITES administrative authority of the importing country.
(13) the Statement on receipt of the permission/certificate of CITES for import, export, re-export or transit is considered during no more than 30 days from the date of giving of complete set of documents.
(14) After obtaining and registration of a statement the CITES administrative authority addresses by means of single electronic window to scientific body of CITES behind consideration of the application and issue of the corresponding conclusion in five-day time.
(15) the Permission/certificate of CITES for import, export, re-export or transit is issued only on one transaction and is effective within six months from the moment of issue, except for the permissions/certificates issued to circuses, dolphinariums and traveling exhibitions, existing within one year from the moment of issue. The form of the permission/certificate CITES affirms the Government.
(16) in case of decision making about issue of the permission/certificate of CITES the last three days before the expiration of deadline directs to the applicant by means of single electronic window the notification which reports about readiness to issue the permission/certificate of CITES and need of introduction of the collection established for this document with submission of the document confirming payment in case of issue of the allowing document to import, export, re-export or transit by CITES administrative authority.
(17) For issue of the permission/certificate of CITES for import, export, re-export or transit the following charges which are transfered to account National ecological fund are established:
Types of wild mammals of 500,0 of leu/permission
Types of reptiles, birds of 400,0 of leu/permission
Bloodsuckers, fishes of 500,0 of leu/permission
Other types of wild animals of 300,0 of leu/permission
(18) If the applicant submitted the application and set of documents electronically, the central body of the state for management of natural resources and environmental protection can demand that in case of issue of permission to import/export or the permission/certificate of CITES or in 30-day time from the moment of issue of those originals of documents which copies were enclosed to remotely transferred application, for check of authenticity of these copies were shown.
(19) the Central body of the state for management of natural resources and environmental protection keeps the Register of statements for issue of permissions to import/export and permissions/certificates of CITES, and also the Register of the issued acts, providing open entry, including by means of the Internet, to data of the corresponding registers with observance of requirements, stipulated by the legislation about personal data protection.
(20) Resettlement, acclimatization and crossing of animals are performed with the consent of the central body of the state for management of natural resources and environmental protection.
(21) For the purpose of monitoring of process of import/export of animals and confirmation of the taken place transaction, and also for the reporting before the Secretariat of CITES after import/export completion of the procedure the customs authority represents to 10-day time to the central body of the state for management of natural resources and environmental protection the original of the permission/certificate of CITES for import or the copy of the permission/certificate of CITES on export/re-export certified by signatures and wet seal with filling of special headings in the permission/certificate of CITES on country border.".
7. In Article 23 of the word "the central body of the state for management of natural resources and environmental protection," shall be replaced with words "Inspectorate for environmental protection,".
8. State Article 26 in the following edition:
"Article 26. Getting of the animals who are not belonging to subjects to hunting and fishery
(1) Getting of the animals who are not belonging to subjects to hunting and fishery (snail, snake, frog, etc.), is performed based on the permission issued by the central body of the state for management of natural resources and environmental protection.
(2) the Physical persons and legal entities intending to get from the environment of the animals who are not belonging to subjects to hunting and fishery shall request and receive permission to getting of the animals who are not belonging to subjects to hunting and fishery from the central body of the state for management of natural resources and environmental protection (snails, snakes, frogs, etc.). For this purpose the applicant submits on paper on the location of body or electronically by means of single electronic window for request of allowing documents the statement containing the following information: the name of the type which is subject to getting in Latin and in state language, the asked quantity (the number of kilograms or copies), places of getting (with indication of settlements, the forestry and landscape companies in case of getting in the state forest fund), the place of content/warehousing of animals.
(3) Permission to getting of the animals who are not belonging to subjects to hunting and fishery is issued in 10-day time from the moment of giving of complete document package, only one transaction and is affected during the term specified in permission, but by no more than one year. The form of permission affirms the Government. In case of acceptance by the central body of the state for management of natural resources and environmental protection of the decision on issue of permission to getting of the animals who are not belonging to subjects to hunting and fishery, this body three days before the expiration of deadline sends to the applicant by means of single electronic window the notification which reports about readiness to issue permission and need of introduction of the collection established for this permission with submission of the document confirming payment in case of issue of the allowing document.
(4) Collection for issue of permission is established in the amount of 3000 lei and is transfered to account National ecological fund.
(5) After completion of activities for getting of the animals who are not belonging to subjects to hunting and fishery, the holder of permission shall submit within 20-day term the report on getting of animals to the central body of the state for management of natural resources and environmental protection.
(6) the Central body of the state for management of natural resources and environmental protection keeps the Register of statements for issue of permissions to getting of the animals who are not belonging to subjects to hunting and fishery, and also the Register of the issued permissions, providing open entry, including by means of the Internet, to data of the corresponding registers with observance of requirements, stipulated by the legislation about personal data protection.
(7) In the part which is not settled by this law, the procedure for request, provision, suspension and withdrawal of permissions to getting of the animals who are not belonging to subjects to hunting and fishery is determined by the Law on regulation of business activity by permission No. 160/2011.".
9. In Article 37 of the word "the central body of the state for management of natural resources and environmental protection" shall be replaced with words "Inspectorate for environmental protection".
10. In Item d) Article 38 of the word "stop works which" shall be replaced with words "stop works if they".
11. Recognize Article 39 invalid.
12. In appendix 1:
in all text of appendix of the word "State Ecological Inspection" shall be replaced with words "The inspectorate for environmental protection" in the corresponding case;
in Item 9 of the word "and departmental control of it are performed" to replace with the word "is performed";
in Item 82 of the word "central body of the state for management of natural resources and environmental protection." shall be replaced with words "Inspectorate for environmental protection.";
in Item 83:
in the prolog of the word "The Organization and Officials of State Bodies to Which It Is Assigned" shall be replaced with words "Inspectors of Inspectorate for environmental protection and public inspectors to whom it is assigned";
in the subitem f) to exclude the words "in triplicate, two of which in three-day time go to the central body of the state for management of natural resources and environmental protection for acceptance of adequate measures";
in Item 84:
in the prolog of the word "Central Body of the State for Management of Natural Resources and Environmental Protection" shall be replaced with words "The inspectorate for environmental protection";
state the subitem seventh in the following edition:
"suspension of works when which carrying out during the state control gross violations of regulations of protection and use of fauna, protection of habitats, conditions of reproduction and ways of migration of animals, according to the procedure provided by the Law on the state control of business activity No. 131/2012 are established.";
in the paragraph the second Item 89 of the word "central body of the state for management of natural resources and environmental protection" shall be replaced with words "The inspectorate for environmental protection".
Art. XI. - In the Law on the water protection zones and strips of the rivers and reservoirs No. 440/1995 (Official monitor of the Republic of Moldova, 1995, No. 43, of the Art. 482), with subsequent changes and amendments, to make the following changes:
1. The prolog of part (Article 13 to state 2) in the following edition:
"Without nature protection permission according to the Law on environmental impact assessment No. 86/2014 or, depending on circumstances, the conclusion of the state environmental assessment according to the Law on environmental assessment No. 851/1996 in the water protection zones it is forbidden:".
2. In Article 14:
in part (4) words "Service of fish conservation." shall be replaced with words "The agency of the environment.";
in part (5) the words "Services of Fish Conservation" shall be replaced with words "The agencies of the environment", and the words "distribution of functions in coordination with the central body of the state for management of natural resources and environmental protection." - the words "distribution of their functions.
3. In part (2) Article 18 of the word "the central bodies of the state for management of natural resources and environmental protection and for health care." shall be replaced with words "Inspectorates for environmental protection.".
Art. XII. - In the Law on highways No. 509/1995 (repeated publication: The official monitor of the Republic of Moldova, 2012, No. 280, of the Art. 878), with the subsequent amendments to make the following changes and additions:
1. In Article 9:
part (to add 1) with the words "at the request of body of local public authority within the procedure of issue of the town-planning certificate on designing and construction licenses according to the Law on permission of accomplishment of construction works No. 163/2010.";
add Article with part (4-1) following of content:
"(4-1) Demolition of objects in zone of the highway public and/or its conservation zones are performed based on the permission to demolition issued according to the Law on permission of accomplishment of construction works No. 163/2010, in this connection the issuer of permission asks consent to demolition at the administrator of the public road. Consent to demolition is issued by the same procedural rules, as permission to the placement of object in zone of the highway public provided by this Article.";
add Article with part (6) the following content:
"(6) in the absence of permission to placement of object in zone of the highway public and/or its conservation zones the administrator of the public road notifies the owner of object on need in 60-day time from the moment of the notification to demolish this object. After the notification the owner shall start works on demolition at own expense with recovery at the same time of continuity of geometrical elements of the road.".
2. In appendix 4:
to state the name of the Provision in the following edition:
"Regulations on conditions of placement (demolition) of objects in zone of the national highway or highway of local value of district level and/or their conservation zones";
in Item 1:
in the concept "objects":
1) to state the prolog of the subitem in the following edition: "objects for rendering services of roadside service:";
the subitem 2) to add with words ", watch systems behind traffic;";
3) to declare the subitem invalid;
in the subitem 4) words "platforms for the parking," to replace with the word "parking";
5) to state the subitem in the following edition:
"5) architectural objects and subjects to departure of cult;";
in the concept "plan of placement of object" of the word "at least" to replace with the word "to";
state Item 2 in the following edition:
"2. The owner of object shall ensure ecological safety, traffic safety, proper esthetic type, and also technical condition of access roads to object and drives through the object territory.";
declare Item 3 invalid;
the subitem and) item 4 to state in the following edition:
"a) issue of the town-planning certificate on designing containing specifications of placement of the object in zone of the highway public and/or its conservation zones (further - specifications) received at design stage;";
state Items 5 and 6 in the following edition:
"5. Specifications are issued at the request of the issuer of the town-planning certificate on designing within 15 working days from the moment of its registration. The sent request shall contain the following data: name and surname or the name, the address of physical person or legal entity, contact information of the applicant who addressed for the town-planning certificate on designing, and also object, the site area and cadastral number of the parcel of land on which it will be placed. The plan of placement of object with indication of kilometer provision concerning the highway public is attached to request.
6. Permission to placement is issued at the request of the issuer of the construction license within 10 working days from the moment of its registration. The sent request shall contain the following data: name and surname or the name, the address of physical person or legal entity, contact information of the applicant who applied for the construction license, and also number and date of the specifications issued by the administrator of the highway, and the town-planning certificate on designing. The following documents are attached to the sent request:
a) the project documentation developed and which passed the examination in accordance with the established procedure;
b) the conclusion of National patrol inspection (received by the issuer of the construction license).";
state Items 8 and 9 in the following edition:
"8. In case of non-presentation of all documents provided by Items 5 and 6, the administrator of the highway public refuses issue of specifications or permissions to placement of object in zone of the highway public and/or its conservation zones and without fail informs on it the issuer of the town-planning certificate on designing or construction licenses.
9. Specifications and/or permission to placement are issued together with the invoice for payment of the rendered services and charges provided by the Section IX of the Tax code.";
the subitem d) Item 10 to declare invalid;
the subitem j) Item 11 to declare invalid;
state Item 12 in the following edition:
"12. Effective period of specifications corresponds to effective period of the town-planning certificate on designing.";
add Item 18 with the subitem f) the following content:
"f) free public toilet.";
add appendix with Item 18-1 of the following content:
"18-1. Placement of objects is forbidden:
a) on crossing of public roads if the requirement of ensuring visibility according to Item 14 is not observed;
b) in zone of public roads if the road is designed by curve and safety of participants of traffic is not ensured;
c) in zone of traffic intersections, on dividing strips, at intersections with roundabout.";
state the Section V in the following edition:
"V. The procedure of issue of the permission to asset demolition placed in zone of the highway public and/or its conservation zones
19. Demolition of the objects placed in zone of the highway public and/or its conservation zones is performed based on the permission to demolition issued with the consent of the administrator of the highway public on demolition (further - consent to demolition).
20. Consent to demolition is issued at the request of the issuer of permission to demolition within 10 working days from the moment of its registration. The sent request shall contain the following data on the applicant who applied for permission to demolition: name and surname or name, address of physical person or legal entity and contact information. The applicant encloses to the submitted application the project of the organization of performance of works on demolition with the conclusion of National patrol inspection.
21. The requirement of other documents in addition to stipulated in Item 20 is not allowed.
22. In case of non-presentation of all documents, stipulated in Item 20, the administrator of the highway public refuses issue of consent to asset demolition placed in zone of the highway public and/or its conservation zones with obligatory informing on it the issuer of permission to demolition.
23. Along with issue of consent to demolition also the invoice for payment of the rendered services is issued.
24. Consent to demolition shall contain data relatively:
a) object;
b) owner;
c) site areas (highway, km);
d) status of object;
e) requirements to demolition;
f) conditions of road safety.";
add appendix with Sections VI and VII of the following content:
"VI. Special requirements to demolition of objects
25. The objects placed in zone of the highway public which are subject to demolition shall be enclosed with security barrier.
26. The barrier of the objects which are subject to demolition placed on curves in the plan, in profile, in zones of crosswalks shall provide visibility according to the existing regulating documents.
27. The objects which are subject to demolition shall be equipped with sidings for export of the material which is formed in the course of demolition.
28. In the course of demolition of the objects placed in zone of the highway public and/or its conservation zones integrity of the existing system of collection and removal of storm waters from the highway shall be provided.
29. Platforms of demolition shall be equipped with system of collection and removal of storm waters.
30. If necessary projects of demolition shall provide recovery of structural elements of the highway public.
VII. Final provisions
31. The issuer of the town-planning certificate on designing, represents permissions to construction/demolition to the administrator of public roads of the copy of the relevant documents on payment.";
in sample "" Line item "of Certificatul de urbanism pentru proiectare si/sau avizul administratiei publice locale / the Town-planning certificate for designing and/or the conclusion of body of local public authority" to exclude specifications of placement of object in zone of the highway public and/or its conservation zones;
in sample "Permission to placement of object in zone of the highway public and/or its conservation zones of" line item "The status of object" to state "The status of the parcel of land for placement of object" and "Safety of movement during execution of construction works" in the following edition:
|
Statutul obiectivului |
|
|
Statutul Si suprafata terenului pentru amplasarea obiectivului |
|
|
Conditiile de siguranta rutiera in timpul lucrarilor de constructii |
|
add appendix with the following sample:
"Model (Sample)
Nr. ______ din _________ 20 ___
Acordul de desfiintare an obiectivului amplasat in zona drumului public si/sau in zonele de protectie ale acestuia
(Permission to asset demolition, located in zone of the highway public and/or its conservation zones)
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
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