LAW OF THE REPUBLIC OF MOLDOVA

of September 30, 2022 No. 226

About modification of some regulations

The Parliament adopts this organic law.

This law shifts the Directive 2014/52/EU of the European Parliament and Council of April 16, 2014 about modification of the Directive 2011/92/EU on assessment of impact of some state and private projects onto the environment (The official magazine of the European Union L 124 of April 25, 2014), and also provisions of parts (3) and (4) Article 6 of the Directive 92/43/EEC of Council of May 21, 1992 about preserving natural habitats, and also wild fauna and flora (The official magazine of the European Union L 206 of July 22, 1992), with the changes made by the Directive 2013/17/EU of May 13, 2013.

Art. I. - The law on environmental assessment No. 851/1996 (1996, Art. No. 52-53, 494), with subsequent changes, to declare the official monitor of the Republic of Moldova invalid.

Art. II. - In the Law on environmental impact assessment No. 86/2014 (Official monitor of the Republic of Moldova, 2014, Art. No. 174-177, 393), with subsequent changes, to make the following changes:

1. To state formula of harmonization in the following edition:

"This law shifts the Directive 2011/92/EU of the European Parliament and Council of December 13, 2011 about assessment of impact of some state and private projects onto the environment (codification) (The official magazine of the European Union L 26 of January 28, 2012), with the changes made by the Directive of the European Parliament and Council 2014/52/EU of April 16, 2014 and also provisions of parts (3) and (4) Article 6 of the Directive 92/43/EEC of Council of May 21, 1992 about preserving native habitats and wild flora and fauna (The official magazine of the European Union L 206 of July 22, 1992), with the last changes made by the Directive 2013/17/EU of May 13, 2013.".

2. In all text of the law, except for 28, the word "Notes" and the word "notes" to replace Articles respectively with the word "Comments" and the word "comments" in the corresponding case, the words "Documentation on Environmental Impact Assessment" and the words "documentation on environmental impact assessment" to replace respectively with the words "The Valuation Report of Impact on the Environment" and the words "the valuation report of impact on the environment" in the corresponding case, and to replace the words "Documentation on EIA" and "documentation on EIA" respectively with the words "Report on EIA" and the words "report on EIA" in the corresponding case.

3. In Article 1:

part (to state 1) in the following edition:

"(1) the Purpose of this law is creation of the legal basis of functioning of the mechanism of assessment of impact of some state and private types of the planned activities on the environment and the biodiversity assessment mechanism for ensuring prevention or minimizing of considerable impact on the environment and health of the population at the earliest stages, and also for accomplishment of the obligations undertaken by the Republic of Moldova at the international level.";

in part (2) words "the state and private projects or types of the planned activities," shall be replaced with words "types state and types of the private planned activities,".

4. In Article 2:

state the concept "nature protection permission" and "planned activities" of the following edition:

"nature protection permission - the allowing document issued by the Agency of the environment which grants permission for accomplishment in certain place of the planned activities provided in appendix 1 or 2, establishes conditions and environmental measures which shall be observed within approval of development of the planned activities according to Article 24;

the planned activities - the state or private planned activities or any change or expansion of the state or private planned activities which consists in accomplishment of construction works or constructions of other installations or accomplishment of other works, and also other interventions in the environment and landscape, including activities, connected with operation of mineral resources;";

after the concept "planned activities" to add Article with concepts of the following content:

"development approval - the decision of authority or the bodies issuers provided in appendix 1 to the Law on regulation of business activity by permission No. 160/2011, which grants the right to the initiator on implementation of the planned activities;

the interested bodies of the central and local public authority - the central and local authorities of the public power which owing to the specific powers and obligations in the field of the environment or owing to the competences at the local level are interested or can be interested in the potential impact on the environment caused by the planned activities;

biodiversity assessment - assessment of impact of the planned activities on objects of Emerald network according to the Law on ecological network No. 94/2007;";

"competent authority" and "conclusion of environmental assessment" to exclude concepts;

state the concepts "environmental impact assessment" and "impact on the environment" of the following edition:

"environmental impact assessment - the procedure performed according to this law which enters:

a) development of the program of evaluating impact on the environment;

b) development of the valuation report of impact on the environment the initiator of the planned activities;

c) carrying out public consultations with the interested bodies of the central and local public authority and with the interested public at the local, national level and on circumstances in cross-border context;

d) consideration of the environment by the Agency and Technical commission of information provided in the valuation report of impact on the environment, any other information provided by the initiator in addition and also information obtained as a result of carrying out the public consultations provided in Item c);

e) removal of the environment of the motivated decision by the Agency on nature protection permission according to Article 10-5 taking into account results of the consideration provided in Item d), and in need of own additional consideration;

f) inclusion of the decision on nature protection permission and nature protection permission, in case of its issue, in approval of development of the planned activities according to Article 24;

impact on the environment - any direct or indirect impact caused by realization of the planned activities on the environment, including on the population and on health of the population, biodiversity, paying special attention to the types and habitats protected within Emerald network and also other types and habitats protected by international agreements which party is the Republic of Moldova, on lands, the soil, water, air, climate, material values, cultural heritage and landscape, or interaction between these factors, and also impact on the social and economic conditions resulting from change of these factors;";

in the concept "initiator" of the word "receipt of sales right" shall be replaced with words "development approval";

add the concept "the interested public" with words ", and also the non-governmental organizations promoting environmental protection.";

add Article with concept of the following content:

"object of Emerald network - geographically certain territory of the Emerald network provided in the Law on ecological network No. 94/2007.".

5. In Article 3:

in part (3) words "profile state bodies and from bodies of local public authority in whose territory the planned activities, taking into account the offers stated during public discussions will be performed." shall be replaced with words "the interested bodies of the central and local public authority taking into account offers and comments of the interested public.";

in part (the word "public" shall be replaced with words 4) "the interested public", and after the words "about the planned activities and" to add part with the words "represent comments and offers, and also";

parts (5) and (to state 6) in the following edition:

"(5) the Principle of participation provides that assessment procedure of impact on the environment is carried out with participation of the interested public which offers and comments are considered in the appropriate order by the Agency of the environment.

(6) the Principle of precaution provides that the problem resolution, connected with potential negative impact on the environment, it is necessary to begin before receipt in full of scientific proofs about negative impact of the planned activities on the environment. In the presence of reasonable suspicions of rather potential negative impact of the planned activities on the environment precautionary measures shall be taken, and in case of considerable and irreversible impact the related activity is subject to prohibition.";

in part (7) words "impacts on the environment and on" shall be replaced with words "impacts on the environment, on prevention and".

6. State Article 4 in the following edition:

"Article 4. Scope of environmental impact assessment

(1) the Environmental impact assessment shall reveal, describe and estimate as appropriate in each separate case considerable direct and indirect impact of the planned activities on the following factors:

a) population and health of the population;

b) biodiversity, paying special attention to protected species and habitats based on the Law on fauna No. 439/1995, of the Law on flora No. 239/2007, of the Law on ecological network No. 94/2007 and international conventions which party is the Republic of Moldova;

c) lands, soil, water, air and climate;

d) material values, cultural heritage and landscape;

e) interaction between the factors specified in Items a) - d).

(2) among impacts on the factors specified in part (1), there is also expected impact of the planned types of activity owing to their vulnerability to risks of the major accidents and catastrophic crashes connected with the corresponding planned type of activity.

(3) the Situation of this law is not affected the obligation of the Agency of the environment to observe the restrictions set by the legislation concerning the state, trade and industrial secret including intellectual property and protection of public concerns.

(4) Assessment procedure of impact on the environment includes if necessary the biodiversity assessment in case of impact of the planned activities on objects of Emerald network appointed according to the Law on ecological network No. 94/2007.

(5) the Environmental impact assessment of the planned activities falling under operation of the Law on control of danger of emergence of the major accidents caused by dangerous substances No. 108/2020 and the Law on water No. 272/2011, is performed with observance of provisions of the specified laws.

(6) Provisions of this law are not applied to the planned activities or to parts of the planned activities which single purpose is national defense or emergency response, including nuclear and radiation emergency situations if the Agency of the environment in analysis result determines that evaluating impact on the environment can make negative impact on these purposes.

(7) Assessment procedure of impact on the environment in cross-border context is carried out in the following situations:

a) The Republic of Moldova is the party of origin if the planned activities which are subject to implementation in the Republic of Moldova can make considerable cross-border impact on the environment outside borders of the Republic of Moldova;

b) The Republic of Moldova is the mentioned party if potential impact of the planned activities which are subject to implementation outside the Republic of Moldova can have considerable cross-border impact on the environment in the Republic of Moldova.".

7. Add the law with Articles 4-1 and 4-2 of the following content:

"Article 4-1. Departure from assessment procedure of impact on the environment

(1) For the planned types of activity provided in part (6) Articles 4, the initiator represents to the Agency of the environment reasonable request about departure from assessment procedure of impact on the environment, confirmatory that evaluating impact on the environment poses threat for homeland security or effective emergency response.

(2) the Request about departure from assessment procedure of impact on the environment shall contain information specified in appendix 3, including the basis and the reasons for required departure from the planned activities.

(3) the Agency of the environment within three working days makes the decision on departure from the planned activities, informs on it the initiator, places the decision on the official web page and sends its copy to bodies of local public authority in whose territory implementation of the planned activities is planned.

(4) Body of local public authority place the decision on departure from the planned activities on the official web page within three working days after receipt of the copy of the decision from the Agency of the environment.

Article 4-2. Powers of the Ministry of the environment

The ministry of the environment has the following powers in the field of environmental impact assessment:

a) develops politicians and regulations in the field of environmental impact assessment and coordinates process of their implementation;

b) provides international cooperation and coordination of assessment procedure of impact on the environment in cross-border context;

c) notifies the mentioned parties on any planned activities with considerable potential impact on the environment in cross-border context;

d) provides correspondence on diplomatic channels with competent authority of the mentioned party concerning content and application of provisions of this law.".

8. In Article 5:

in the name of Article of the word of "competent authority" shall be replaced with words "The agencies of the environment";

in the prolog of the word "competent authority" shall be replaced with words "The agency of the environment";

in Item a) the word "coordination" shall be replaced with words "ensuring carrying out" and to add Item with the words "if necessary;";

Items b) - e) to state in the following edition:

"b) identifies on preliminary stage the interested bodies of the central and local public authority, and also the interested public for the purpose of ensuring their participation in the procedures of decision making provided by this law;

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