Chapter I - GENERAL PROVISIONS

    Article 1. Object and purpose
    (1) This Law regulates legal, organizational, administrative and other, deficiencies in the establishment, maintenance and insurance arrangements border.
    (2) The purpose of this law is to determine the system of state border control regimes state border and border crossing points to secure the state border on land, sea and airspace.
    (3) This Law shall extend to Moldovan citizens, aliens and the businesses.

    Article 2. Border of the Republic of Moldova
    (1) Border of the Republic of Moldova is natural or conventional line marking the limits outside of the territory over which the Republic of Moldova exercises exclusive sovereignty on land, water areas, groundwater, air and passing in a straight line, from a sign border to another time where the state border is not marked on the ground with border signs, from a point of coordinates to another. On rivers and other waterways of the state border is established by the treaties concluded by the Republic of Moldova with neighboring countries, observing the principle of international law, under which the state border passes in the middle of the main fairway, and the rivers non navigable on the middle of арă canvas.
    (2) state border is established and modified by an organic law, in accordance with international treaties to which Moldova is part of the observance of generally recognized principles and norms of international law.

    Article 3. General concepts
    In this law, the following terms used to mean:
    travel document - any document that grants the right to the border crossing of persons and vehicles provided by the regulations in force and international treaties to which Moldova is a party;
    border water - flowing or standing water portion crossed the State border;
    nominal instruction - information about the person who, in accordance with the law, not allowed to enter or exit to / from Moldova, which is introduced national integrated information systems;
    border control - activities at the state border, and for other purposes under this Act, in response exclusively to an intention to cross or the act of crossing the state border and border surveillance and control is passing border;
    control in the second line - additional control persons (including body) of documents and luggage, which can be performed in a special place apart from the place of control in the first line, as laws in force;
    border crossing - check by crossing the state border to ensure that persons, including means of transport and objects in their possession, may be authorized to enter or leave the territory of Moldova;
    border corridor - a strip of land located on both sides of the state border, established under treaties signed by Moldova with neighboring countries in order to mark the state border with border signs;
    demarcation of State - designate, in accordance with material boundary, the border line in the land border signs down;
    strip of state border protection - strip of land, starting from inside the state border line, to maintain in good state border, border protection signs and providing access control near the state border;
    maintenance of the state border - work to create conditions necessary for maintaining the state border regime;
    border traffic - crossing the state border of Moldova and neighboring states by residents in the border area of ​​a country intending to remain in the border area of ​​the other State for a period of time, in accordance with bilateral agreements in this respect;
    Navigation - activities related to the use of ships on waterways to transport cargo, passengers and their luggage, postal correspondence, for towing vessels and other floating, for the exploration, research and extraction of minerals planning works fairway, hydrotechnical works , technical diving and other works of this kind, for the riding and riding through the ice, rescue work, to achieve the objectives of water protection measures, protection against pollution and flooding, for refloating sunken property, scientific research, the study activities, sports and recreational facilities.;
    leisure craft - using boats and other floating on the border waters for sporting or tourism;
    guard the state border - part of the state system to ensure security of Moldova, one of the forms of national defense;
    crossing - any place organized and authorized by the Government for crossing the state border;
    state border regime - all the regular maintenance and crossing the state border by persons, vehicles, state border crossing of goods and other property within the band of protection, as well as settlement border incidents;
    regime crossings - rules for entry, stay and exit of persons and / or transport and course of business rules and other crossing points;
    border regime - rules for entry, stay and exit of persons and vehicles, recording, maintenance and use of floating, hunting, fishing, grazing and recreation, the course of business and other interests in border area and water border area;
    border sign - construction engineers for field marking the state border;
    aquatic space frontier - overall total internal water border and border waters;
    border surveillance - monitoring the state border crossing points and surveillance between crossing points outside the fixed hours of program to prevent avoidance of crossing controls;
    border area - a territory established over land and water sectors in the border state border depth, width of 10 km, the purpose of providing surveillance and border control.

    Article 4. Principles of border control
    Republic of Moldova, the border control organization, is guided by the following principles:
    a) national and international security;
    b) multilateral mutually beneficial cooperation with foreign states;
    c) mutual respect for sovereignty, territorial integrity of states and indestructibility of borders;
    d) inviolability of state borders;
    e) an amicable settlement of border incidents;
    f) the rights and fundamental freedoms.

Chapter II - Drawing STATE BORDER AND MARKING

    Article 5. Mapping and marking the state border
    (1) State boundary is established in the treaties concluded by the Republic of Moldova with neighboring countries in the overall work of the Joint Committee of the state border demarcation and marked the land border with signs clearly visible. Treaty on State Border tracing and marking the land shall be ratified by Parliament.
    (2) state border is drawn:
    a) land - the distinctive lines of relief;
    b) the water sector - a straight line or curve broken by a border sign to another, as follows:
    - The areas waterways - the middle of the river or in the middle of his arm, the middle of the main fairway or thalweg of the river;
    - The sectors non navigable - usually on the axis joining the points of exit of the state border the shores of the middle basin of water or water basin cloth.
    (3) state border crossing on the border waters and no change to change their contour banks or the water level or to shift their beds to one side or the other, if Moldova and neighboring countries agree otherwise.
    (4) On bridges, hydraulic structures crossing the border waters, the state border is drawn through the middle of these buildings or their technological focus, regardless of the state border on the water.

    Article 6. Signs of border strip border protection
    (1) Shape, size, color border signs and their installation procedures are established by the Government based on the demarcation documents.
    (2) For setting up border signs border corridor. Land border corridor are part of the public domain. Border corridor width shall be agreed through treaties concluded by the Republic of Moldova with neighboring countries.
    (3) Divide the state border protection is established inside the state border and has a width of 15 meters. In the border waters or near their seats in forest areas and wetlands are lands where or under erosion and landslides, strip the state border protection may be established by a greater width. Divide the state border protection is state property and granted the use of Border Police, indefinitely, in accordance with the law. Divide the state border protection is determined and marked by the Border Police. Files of the State Border Protection, Border Police may install technical means of surveillance of the border.

Chapter III - BORDER CONTROL SYSTEM

    Article 7. The notion of control system border
    (1) border control system is coordinating all activities and conducting border surveillance throughout the Republic of Moldova, and border control, information exchange activities, cooperation in combating cross-border organized crime, analysis and finding of threat and risk. Border control system ensures state border policing in the border and checkpoints to perform checks on persons, vehicles, goods and other property and to ensure the inviolability of state borders and its infrastructure.
    (2) land border control and border waters is performed by the Border Police. The limits established by this Law and other relevant legislation, border control can be performed in the Customs service.
    (3) additional rules on border control is established by the Government in accordance with this Law and other laws. Specific rules on border control is established by the Border Police.
    (4) In exercising the powers of border control, if necessary, border guards have the right to use force, special means and firearms of equipment in accordance with the regulations in force.
    (5) the purpose of maintaining state security and public order, border guard may send state security bodies or law enforcement personal data on passengers and other information for processing it in accordance with the law.
    (6) Border Police may collect data on persons and vehicles crossing the border under control, to be directly stored in filing systems and maintained in accordance with the law. To this end can be used technical devices and other than the ones recorded.
    Article 8. Border surveillance
    (1) Border surveillance means monitoring by means of static or dynamic segments of the state border crossing points for the purpose of prevention, detection, and research finding illegal actions at the state border and to combat cross-border crime, and is a complex operational and service activities (security, monitoring, observation and control), coordinated and planned time and space on purpose, which can be executed using modern electronic devices and service dogs.
    (2) the purpose of carrying out border surveillance fixed and mobile units are used, which carry out their duties by patrolling or at places with high risk. The number and activity methods are adapted existing or foreseeable risks and threats.
    (3) Border surveillance is conducted in a manner to prevent and deter illegal activity at the state border control and avoiding crossing.
    (4) Under international treaties may be authorized jointly patrolling the state border by border control national subdivisions and those of neighboring states.

    Article 9. Border crossing
    (1) border crossing is a complex of measures carried out by the Border Police - to authorize the border crossing of people and vehicles, the Customs Service - to authorize the state border crossing of goods and other goods and the other control bodies established by law.
    (2) The purpose of combating illegal migration, organized crime, smuggling, international terrorism and other crimes, border guards have the right to inspect goods and other goods. Except for crossings where these activities are carried out by customs authorities, within the limits set by law.
    (3) during the border crossing can use technical means and devices necessary. Also crossing the border area and other areas along the state border can install audio recorders, video cameras and other recording media. Information obtained through technical and electronic devices can be used for service purposes only.

    Article 10. State Border Guard
    (1) In the event of armed aggression against the Republic of Moldova, the Armed Forces of the state border guard made in accordance with the laws on national defense.
    (2) state border guard airspace shall be conducted by the National Army Air Force in accordance with the law, and is monitoring airspace in peacetime and in crisis situations, the purpose of detecting violations State border airspace and to suppress them. Border police cooperation with the National Army Air Force includes the exchange of information on all aircraft flights (aircraft) at low altitudes and flight planned in the border area.
    (3) Performing the State Border Guard, National Army Air Force applies, as provided by law, weapons and combat equipment on the aircraft using the airspace of the Republic of Moldova unauthorized.

Chapter IV - BORDER REGIME

Section 1. Border regime, maintenance state border

    Article 11. General
    (1) The state border is composed of a set of rules and measures under this Law and established in accordance with this law and the rules and principles of international law relating to:
    a) maintaining the state border;
    b) the border crossing by persons, vehicles, crossing the state border of goods and other goods, taking off and landing aircraft, entering, finding and leaving ships and other floating aquatic frontier in space;
    c) economic activities and other state border;
    d) handling of incidents related to violation of the border regime.
    (2) In ports and airports open to international traffic, the surface platforms, buildings and related facilities are subject to the border regime.
    (3) Rules of construction, operation and repair of communication, including electronic, hydraulic construction, crossing the state border by land or water border is established by the Government, observing the treaties of the Republic of Moldova neighbors.
    (4) state border regime may restrict activities that prevent or disturb the order of border surveillance and border security state such as the use of firearms and explosive substances, works near the state border, hunting and fishing, grazing locks, lighting and open fire. Rights, obligations and restrictions unforeseen border regime in this law or international treaties established by the Government.
    (5) The breach of the border regime forced the state border crossing by persons and vehicles on land, unintentional entry in the border waters of ships and other floating craft, forced flight in the airspace of the Republic of aircraft and other aircraft, made in the following cases of force majeure: accident, accident, natural disaster, navigation in ice conditions, need for transportation of persons saved, providing emergency medical assistance to crew members or passengers, and in other cases of force majeure.
    (6) If a danger of spreading infectious diseases particularly dangerous in Moldova or another State, another event that may endanger the life or health of the population, by the decision of the Border Police, the Customs Service and other supervisory bodies established by law, if necessary - the administration of ports and airports across the state border traffic may be temporarily limited or suspended. Those authorities may establish quarantine regime for people, animals, seeds and seedlings, as well as other products. Inform those authorities urgently crossings, interested bodies and neighboring countries created an exceptional situation and the measures taken.

    Article 12. Maintenance of state border
    (1) maintenance rules state border treaties agreed by the Republic of Moldova with neighboring countries. In these are specified measures necessary to maintain proper border signs, checking their border corridor maintenance, verification, together with its neighbor, the state border line. Documents together with the results of checks of the State border line, which does not require amendments, approved by the Government.
    (2) Border Police provides clean vegetation corridor and border strip of the state border protection, security, maintenance and repair of border signs, replacement, according to treaties signed by Moldova with neighboring countries. Activities shall be done within the time limits set out in those treaties.

Section 2. Border crossing of persons, means of transport crossing the state border of goods and other goods

    Article 13. General
    (1) Persons and means of transport entering or leaving to / from Moldova can cross the State border, and goods and other goods to be introduced or removed from the Republic of Moldova can be transported across the state border crossing points only during working hours.
    (2) The procedure set out in para. (1) does not apply to aircraft crossing the airspace of the Republic of Moldova without calling.
    (3) Notwithstanding the provisions of par. (1), the Border Police may be allowed exceptions to the obligation to cross the State border crossing points only under international treaties to which Moldova is party to cases under this law or other acts legislation. It also may be allowed exceptions to the obligation to cross the State border crossing points only:
    a) for pleasure boating;
    b) for seamen in the port down the coast where their vessels are anchored or adjacent settlements;
    c) for individuals or groups of individuals where there is a need of an extraordinary nature and are in possession of documents for crossing the state border and there is no conflict of interest related to state security and public order;
    d) for individuals and groups of people, in exceptional circumstances.
    (4) In the treaties of the Republic of Moldova with neighboring states, state borders can be crossed through border border traffic and crossing points in one common set of states.

    Article 14. Peculiarities of border crossing state
    (1) Vessels and other floating of Moldova and other countries sailing and crossing the state border waters under international treaties to which Moldova is party.
    (2) Aircraft arriving in Moldova and cross the state border to calling will navigate to an airport open for international traffic under the procedure.
    (3) Loading and unloading of cargo and other goods and the embarkation and disembarkation of persons to / from trains, ships or aircraft in the sector located between the border crossing point and the state are prohibited. This prohibition shall not apply to save human lives in emergencies.
    (4) The master, commander of the aircraft, people, if forced crossing the state border, are obliged to notify forthwith the nearest subdivision of Border Police and act as directed.

    Article 15. Conditions for crossing the state border
    (1) Approval of state border crossing is to recognize the legality of border crossing by persons, vehicles, crossing the state border of goods and other goods.
    (2) basis for the authorization of state border serve valid travel documents provided by the law on exit and entry into Moldova, on aliens in the Republic of Moldova and other documents prescribed in the regulations.
    (3) may be allowed exceptions to the provisions of par. (1) under international treaties to which Moldova is party. The treaties with neighboring countries can be established simplified way of crossing the state border by Moldovan citizens and citizens of neighboring states.
    (4) Approval of state border crossing by persons, vehicles, crossing the state border of goods and other goods provides for border control, customs control and other controls established by law.
    (5) In case of occurrence of emergency, rescue and recovery parties of other countries crossing the state to locate and liquidate these situations, as determined by the Government and the international treaties to which Moldova is party.
    (6) At the border, train control, train and aircraft are made in facilities and vessels is carried out ports.

    Article 16. Movement of weapons and ammunition
    (1) introduction to and removal from the territory of the Republic of arms and ammunition by natural or legal persons are admitted only under permit or special permit issued in accordance with the law.
    (2) attendants foreign delegations to the Heads of State or Government and other foreign dignitaries enjoying protection may enter, carry and use weapons in Moldova defense and protection under the law on the status of firearms and ammunition with destination civil.
    (3) Approval of the State border by military units and subunits of the Republic of Moldova or of another state, as well as arms, ammunition, combat equipment and military cargoes are carried out under international treaties to which Moldova is part and the law on the status of foreign military force in Moldova.

    Article 17. Specific entry in Moldova
    (1) In exceptional cases, at the request of the border police to justify entry into the Republic of Moldova, foreigners may be one of the following documents:
    a) for business travelers:
    - An invitation from a company, organization or institution;
    - Documents confirming an economic interest (eg attorney, employment contracts, tickets or invitations to exhibitions);
    b) travel for study or other training:
    - A document proving enrollment in an educational institution or other training;
    - Student card or certificate of course attendance;
    c) tourist travel or personal reasons:
    - Tourist voucher;
    - Supporting document on hotel accommodation, the invitation from the host address will be recorded as guest accommodation;
    - Confirm reservation for a trip organized site or any other appropriate document indicating travel plans will be undertaken;
    - Return ticket or circuit;
    d) for journeys undertaken for political, scientific, cultural and sporting events at religious or other purposes: invitations, tickets, programs to be included, where possible, name the host organization and length of visit or any other appropriate document indicating the purpose of the visit;
    e) to travel in order to embark on board, disembarkation and repatriation of crew members - the identity of seafarers.
    (2) The Government will determine where the border guard has the right to request justifying the purpose of entry in Moldova.

    Article 18. Making the switch control border
    (1) border crossing is carried out by border guards together with customs officers.
    (2) The harbor crossing, border control port captains participating representative and other persons authorized by law. The airport checkpoints at the border inspection, if necessary, a representative of the airline involved.
    (3) border crossing is performed before the border crossing or immediately after its passage. To exit the country, control is performed before crossing the state border crossing and the direction of entry, border control is carried out before crossing the state border or immediately after its passage. Border crossing can be made otherwise in accordance with the treaties signed by Moldova with neighboring countries.
    (4) Under international treaties to which Moldova is party, the Government may establish simplified procedures for border crossing of certain categories of people.
    (5) The identification of the transport and use of State Population Register and State Register of Transport. Biometric identification of Moldovan citizens who leave the EU Member States are governed by electronic data contained in the passports.

    Article 19. Border guards and compliance ethical rules to make border crossing
    (1) The decision to authorize the person crossing the State border border guards take it.
    (2) Border guards are properly trained and specialized professionals.
    (3) Border guards wearing uniforms and badges or badges that identify them.
    (4) Any action taken during the border crossing will be consistent with the objectives of that.
    (5) border crossing is conducted with full respect for human dignity, irrespective of race, nationality, ethnic origin, language, sex, religion, opinion, political affiliation, wealth or social origin.

    Article 20. Minimum control and detail
    (1) When tested at the border, all persons and vehicles must undergo a minimum to establish their identity in the presentation of travel documents. Minimum checks imply the verification, quick and immediate, using appropriate technical means and by consulting the relevant databases, information on stolen documents held without right, lost or canceled, the validity of travel documents which authorizes the holder legitimate cross the state border and the presence of signs of falsification or counterfeiting.
    (2) The minimum check in para. (1) the rule for Moldovan citizens. During the minimum controls, border guards may consult national databases to ensure that those persons are not a genuine, present and sufficiently serious national security and public order. It is considered a real threat to state security and public order situation which was introduced a nominal confinement.
    (3) If necessary, citizens of Moldova and means of transport registered in Moldova will be subject to thorough checks.
    (4) For foreign entry includes detailed examination to verify the conditions of entry and, when appropriate, the documents authorizing residence and the pursuit of professional activities. Detailed examination includes a detailed examination covering the following aspects:
    a) verify that the alien meets the conditions of entry and residence in the Republic of Moldova;
    b) complete research travel documents with the purpose of detecting signs of falsification or counterfeiting;
    c) review the entry and exit stamps affixed to travel documents to verify that the person has not overstayed his stay in Moldova, the purpose being Information System Integrated Border Police, approved by the Government;
    d) check point of departure and destination, purpose of entry and checking other accompanying documents;
    e) verification that the person, means of transport and objects which they contain poses no danger to state security or public order. This test involves direct consultation and information about people and the black face, if necessary, objects placed in integrated information system of Border Police and other national and international databases and actions to be taken, if indicated, following a nominal confinement.
    (5) For foreign control output detail in the following matters:
    a) verifying whether the person is in possession of a travel document valid for crossing the state border;
    b) verification of travel documents including visas or residence permits legally, to detect signs of falsification or counterfeiting;
    c) check whether the person is not considered a threat to state security and public order;
    d) review the entry and exit stamps on the travel documents used to verify if the person has overstayed his stay in Moldova, the purpose being Information System Integrated Border Police;
    e) consultation with the black face on persons and objects included in national and international automated information systems.

    Article 21. Control of second line
    (1) Foreign control in the second line are informed about the purpose and procedure for making such a check. This information is available in major languages ​​in the language of the Republic of Moldova has common state border and also contain the statement that the alien may request to be the name and identification number of border police carrying out such audits , name the crossing and when the state border was crossed.
    (2) The decision of the border guard or at the request of, thorough checks are carried out in a separate room.

    Article 22. Control and transit of persons no documents
    (1) The person who arrives at the crossing point without identity documents shall be declared a citizen of the Republic of Moldova and seeks to enter the country and is authorized border crossing following its identification. If you can not identify the person in the other documents and data in information systems, it is retained under Contravention Code of the Republic of Moldova. Person is authorized border crossing if it turns out that it has Moldovan citizenship. Otherwise, the person is removed from the Republic of Moldova under the legislation on aliens in the Republic of Moldova, which is recorded in the Integrated Information System for Border Police. Conditions and procedure for identifying the person is determined by the Border Police.
    (2) Persons in transit are not made control of travel documents that do not leave the airport transit area, unless you require special performance of this control. The provisions of this paragraph shall also apply to ports and shipping.

    Article 23. Stamping crossing documents state border
    (1) valid documents for crossing the state border of foreigners are systematically stamped on entry and exit to / from Moldova. Entry and exit stamps shall apply:
    a) border crossing documents state containing a valid visa and allow foreigners to cross the state border;
    b) border crossing documents state that allow foreigners, dissenters requirement to be in possession of a visa to cross the state border.
    (2) stamps shall not apply to:
    a) documents the state border crossing of Heads of State and dignitaries whose arrival has been officially announced, in advance through diplomatic channels;
    b) Drivers licenses or certificates of aircraft crew members;
    c) travel documents of seamen and passengers' travel documents included in the list of passengers of ships for a particular itinerary, according to a schedule in advance, which includes tourism activities in the various ports and, in principle, board and not disembark passengers during the journey;
    d) Republic of Moldova citizens' passports;
    e) documents state border crossing for other people by the Government.
    (3) For purposes of security and privacy protection at the request of the alien, the stamp may be waived if it would create difficulties. In this case, entry or exit is recorded on a separate sheet where indicated name and passport number. Sheet is handed alien. That the failure to stamp shall be recorded in the Integrated Information System for Border Police.
    (4) Moldovan citizens and foreigners for the stamping of travel documents is not compulsory may require stamping their border guards.
    (5) The procedure for stamping, sheet model and the conditions and procedure for issuing the sheet are determined by the Border Police.

    Article 24. Refusal of entry and exit to / from Republic of Moldova
    (1) Persons and vehicles not meeting the conditions of entry or exit to / from Moldova only be authorized border crossing.
    (2) Refusal of entry or exit is available under the law and is based on a decision taken by the border guard, which must include reasons. Reasoned decision is issued as a standard form approved by the Border Police and border guards completed its decision. Completed standard form is handed to the person concerned. Border Police into the Register of persons for which was issued a refusal of entry or exit to / from Moldova.
    (3) The person was not authorized entry or exit to / from the Republic of Moldova has the right to appeal the decision in court as required by law. To this end, the person is given the contact details of the Lawyers Union can provide information on representatives competent to act in the interest of.
    (4) an appeal against the court decision does not suspend enforcement of refusal. If the court annuls the decision of refusal, the person will correct any changes in travel documents used in connection with the execution of the decision of refusal and that he authorized border crossing.
    (5) The person was not authorized border crossing is required to immediately leave the crossing point, this Noting the Integrated Information System for Border Police and integrated automated information system on migration and asylum.
    (6) Nothing in this Article limits the application of special provisions on right to asylum and international protection.

Section 3. Economic activities and other State Border

    Article 25. Economic activities and other State Border
    (1) economic activities and other state border, including the use of frontier waters by natural and legal local and foreign states, made at a distance of 15 meters from the border state and related its passage shall not:
    a) harm health, security of Moldova and other countries or to contain the threat of such damage;
    b) prevent maintenance and border surveillance.
    (2) The activities referred to in para. (1) are coordinated with the Border Police, in accordance with international treaties to which Moldova is a party, with the law and rules of crossing the border. In obtaining the locations will be coordinated, as appropriate, during the crossing of state activities, and identification number of participants, vehicles, mechanisms and instruments of production.
    (3) Maintaining the proper state border waters and take the necessary measures to prevent the intentional destruction of their banks is done according to the treaties concluded by the Republic of Moldova with neighboring countries.
    (4) On border waters navigable ships have the right to navigate freely on the main fairway, no matter the state border on it. Other navigation aids are allowed to sail on the border waters only up to the state border and only during the day. At night and in poor visibility, they must be moored to its shore. Navigation in the border waters of warships has been based on widely accepted principles of international practice and law.
    (5) All means of navigation in the waters of the border must have: ships - the flags, the name or registration numbers of their craft - the flags or symbols of state flags at the stern or bow and their registration numbers. Names and numbers must be clearly visible from both sides. At night, the vessels must signal the presence of navigation lights.
    (6) The rules of operation and maintenance of bridges, railways and roads, telecommunication lines, water that crosses the state border or have common axis that are established by treaties concluded by the Republic of Moldova with neighboring countries.

    Article 26. Specific rules on fishing hunting, forestry, subsoil and environmental protection
    (1) border water fishing is allowed until the state border, in accordance with the law.
    (2) hunting on the state border, the border corridor and strip the state border protection is prohibited. Pulling a gun and track animals across the state border are prohibited.
    (3) harvesting wood products near the state border shall be in accordance with the law. If due to natural phenomena or when logging out trees fall across the state border, the Border Police to take measures for their transport within the State of origin.
    (4) works of prospecting and exploitation of the subsoil is made in compliance with the legislation in force at a distance of at least 20 meters from the border state except fairway maintenance works.

Section 4. Handling of incidents at the state border

     Article 27. Settlement of border incidents state
     (1) For ensuring compliance with the state border and to resolve incidents at the state border, the Border Police and other authorities to designate representatives border. Regulation on the work of the border is approved by Government.
     (2) The settlement of border incidents is established by the treaties concluded by the Republic of Moldova with neighboring countries, this Law and other regulations.
     (3) problems and incidents by border representatives shall be settled through diplomatic channels.
     (4) Representatives of the border may be included in the composition of interstate commissions whose work is directly linked to the state border.

Chapter V - BORDER AREA TREATMENT

    Article 28. General
    (1) The border area is set in the border area for the purpose of providing border surveillance. The border area is marked by signs and information panels with inscriptions.
    (2) border regime rules include:
    a) entry, stay and departure of persons and vehicles;
    b) registration, maintenance and use of floating;
    c) Hunting, fishing, grazing and recreation;
    d) development of economic and other activities in the border area and aquatic area border.
    (3) Specific rules of border regime approved by the Government under this Law.
    (4) In the border, border guards can move freely on foot or by transport provided.

    Article 29. Entry, stay, leaving people and vehicles in the border
    (1) Republic of Moldova citizens and foreigners can enter and can be freely in the border area where restrictions are not provided.
    (2) In the border area and in areas near its border guards have the right to control the transport of persons and identity documents.
    (3) Access to the border area may be restricted to people with criminal records for people who have previously violated the state border regime and border regime and others who can not justify the need to stay in the border area or are harmful to state security or public order. The decision to restrict access in the border area can be challenged in court of competent jurisdiction as provided by law.
    (4) Persons who travel or carry out various activities in the border area are prohibited:
    a) to shoot a gun in the state border;
    b) to damage or destroy border signs, installations or technical means of surveillance and border control;
    c) to produce or extend fire protection within the strip of the state border;
    d) carry out activities that may pollute water, air or soil in the border area and in the border waters;
    e) to fix on paper or other media files to play portions of the territory of neighboring states;
    f) objects to exchange correspondence over the state border than elsewhere in the law for this purpose;
    g) bear unauthorized calls over the State border.
    (5) The restrictions referred to in para. (4). e)-g) applies only where they are provided the state border treaties signed by Moldova with neighboring countries.
    (6) Pursuant to a reasoned decision, the Border Police may temporarily limit access to the border area and inform the public authorities and stakeholders.

    Article 30. Granting access to the border
    (1) To authorize access to the border, people will have the permit issued by the Border Police. Permit is not required for:
    a) persons who reside permanently in the border area or in areas whose boundaries are located in that area;
    b) persons traveling on roads that cross the border;
    c) public authorities and local employees working in the border area.
    (2) Border Police issued permanent and temporary permits. Permanent license is issued for a period of at least one year for those working constantly, and for people who have property in the border area, but do not have a residence there. Temporary permit is issued for a period of up to one year, persons requesting access to the border.
    (3) Border Police may refuse permit:
    a) they have been introduced to enhance border surveillance;
    b) in case of emergencies occurring in the border area;
    c) if the person has a criminal record or has previously violated the state border regime and border regime.
    (4) Border Police canceled the permit in case of tampering or misuse it.

    Article 31. Records, maintenance and use floating
    (1) floating registered under the laws in force in aquatic space frontier, stationed in places determined by port captains or, where appropriate, local authorities, with the Border Police, taking measures to owners them to prevent their illegal use.
    (2) Border Police issued permit holders floating established model. Exit and return means floating / Location points are made by notifying the Border Police. The permits and rules of finding the means floating in the border area is approved by the Border Police.
    (3) In the case of recreational boating rules itinerary and travel in the border waters are agreed with the Border Police.

    Article 32. Hunting, fishing, grazing and entertainment in the border area
    (1) hunting along the state border to a depth of 500 meters from State border to the interior, is prohibited.
    (2) organized hunting in the border area to the limit under par. (1) is allowed only during daylight, with prior approval of the Border Police, observing the rules and restrictions set by law.
    (3) Fishing in the border area is allowed only during the day, with prior approval of the Border Police, observing the rules and restrictions set by law.
    (4) livestock grazing is permitted under environmental legislation in areas established by local authorities and with the border police, during the day - up to strip the state border protection, and at night - the at least 500 feet from it.
    (5) sports and recreational activities in waters near the border and can be conducted with the approval of the Border Police.
    (6) In exceptional circumstances, the activities referred to in para. (2) - (5) may be temporarily prohibited by the Border Police.

    Article 33. Businesses and other border area
    (1) Except settlements, economic activities and other border area are coordinated with the Border Police.
    (2) To authorize access to the border area has a copy of the registration certificate or another document attesting the establishment entity or organization, a copy of the document to enable work, list of employees, to which are attached copies on their identity documents.
    (3) The authorization may be canceled if the agent or its employees violate border regime.

Chapter VI - CROSSING POINTS SCHEME

    Article 34. General
    Crossings regime consists of all rules and measures established by law, which includes the following components:
    a) establishment of crossing points and rules of conduct and other economic activities;
    b) rules for entry, stay and exit from the crossing of persons and vehicles.

    Article 35. Establishment crossings
    (1) decision to open or close the crossing points approved by the Government, in accordance with the treaties concluded by the Republic of Moldova with neighboring countries.
    (2) opening of the crossings shall be made after construction, equipping and commissioning of buildings, rooms and buildings under the project approved by the Border Police in the Customs service and other appropriate services. In developing projects must be provided rooms and buildings necessary for carrying out border control, customs control and other controls.
    (3) crossing points must be arranged so as to enable the effective, simple and cost control at the border.
    (4) costs of design and planning of international and interstate crossings are borne by the Government and of the local - the local government.
    (5) list of the crossings, including those that border control is performed by one of the responsible control and procurement of technical rules shall be approved by the Government.
    (6) crossing work jointly subdivisions Border Police and Customs Service and other supervisory bodies established by law, making control and responsibility, within its competence, the border crossing of persons, means of transport, goods and other goods, as well as smooth running of their traffic. Border Police and Customs Service coordinates the activities of all services in accordance with this Law and within their competence, take final decision on approval or refusal to state border.
    (7) Administration stations, ports (piers), airports (aerodromes), other businesses and organizations, authorizing border crossing, assign, free of charge, the authorities mentioned in para. (6) rooms needed and special places, including amenities, service performance, ensures adequate facilities and organizational measures, that controls the border crossing to be made in accordance with this law. Crossings must be equipped with devices to distinguish between internal and passengers of other passengers. Governments specified in this paragraph shall provide for employees of Border Police, the Customs Service and other supervisory bodies established by law, adequate office space and sufficient parking and free access to those facilities, and transport devices free for their tasks in the competence of this administration, timely and free of charge to provide information necessary for control border crossing.
    (8) Border Police and Customs approved rules for making technological control checkpoint. The crossing points located within the stations and ports, technological rules are coordinated with their administration. Name, area, specific activity and opening hours of the crossing point which is open 24 hours is displayed at the entrance in a prominent place.
    (9) Any activity not crossing against the current law, except for border control and customs control, are coordinated with the heads of subdivisions Service Border Police and Customs, freeing it for this purpose allowed. Crossing located at railway stations and ports, permits are issued by their government, with the heads of subdivisions of the Border Police and Customs Service. Conditions for issue of license approved by the Government.
    (10) Organic Border Police and Customs Service airports should not contradict the normative acts regulating air transport facilitation and aviation security.
    Article 36. Color crossing the state border
    (1) the purpose of streamlining the state border traffic, checkpoints are created in separate lanes. Lanes will be distinguished by clearly visible signs, including where to stop using lanes. Conditions to create categories of persons and traffic rules established by the Government by color.
    (2) Upon the occurrence of an imbalance in traffic at a crossing point, the rules relating to the use of different color can be suspended by the Border Police and Customs for a period of time necessary to eliminate that imbalance.

    Article 37. The rules for entry, stay and exit to / from the persons crossing and vehicles
    (1) The rules for entry, stay and exit to / from the crossing of persons and vehicles on the public and exposed panels informational checkpoints. Specific rules for border control regime for certain types of state border, certain categories of persons, vehicles approved by the Government.
    (2) Entering the crossing of persons, vehicles, and introducing goods and other goods are coordinated with the Border Guards.
    (3) Out of people crossing points, means of transport and export of goods and other goods are coordinated with the border police and customs officers after the border crossing and the customs.
    (4) Entry and exit of ships and other floating of ports are coordinated with the port captains and heads of divisions of Border Police, Customs Service and other supervisory bodies established by law.
    (5) The crossing points, information service and other public information must be recorded manually or electronically. Public information is displayed on information boards.

    Article 38. Stopping at the ports of persons and means of transport
    (1) parking places and during the crossing of persons and vehicles are established by border guards and customs officers, and those at ports and airports - and their administration.
    (2) Movement of persons and vehicles crossing points are coordinated with the border guards and customs officers.
    (3) Access to transport persons and premises, during the performance of border control and other controls, is limited and if necessary, is prohibited.
    (4) boarding / disembarking passengers, loading / unloading of baggage, mail, freight and other goods vehicles are coordinated with the border police, customs officers and representatives of other supervisory bodies established by law and in ports and airports - and with the consent of their government.
    (5) The driver of the shipment, and others who cross the state border are obliged to leave the control track and not change parking place without the border police or the customs officer.
    (6) Persons crossing points are required:
    a) have and provide upon request, valid travel documents and other documents required when crossing the state border;
    b) provide, upon request, access to border guards and customs officers to control vehicles, ships, aircraft and their registration documents;
    c) to inform the border guards and customs officers on possession of weapons, ammunition, explosives, narcotics and psychotropic substances, radioactive and other goods for import or export of which required special permit;
    d) provide, upon request, information, written or verbal, about the need stay at the crossing point and justifying the purpose of travel;
    e) to go under the line, information signs and instructions to border guards;
    f) to meet other legal requirements of border guards and other authorities.

    Article 39. The order of crossing the state border
    People and vehicles are checked at the border crossing under the line. Can be checked without all the following categories:
    a) children up to 3 years and persons accompanying them;
    b) injured or sick people requiring urgent medical assistance, the person accompanying them, including health workers;
    c) holders of diplomatic passports;
    d) State or departmental official delegations, organized groups of children and tourists, if the Border Police was informed 24 hours before their arrival;
    e) pedestrians, except for crossing port and airport, if otherwise provided in international treaties;
    f) persons crossing the border with international route buses, emergency medical vehicles, vehicles carrying animals or people crossing the state by bicycle;
    g) persons transporting perishable goods and other goods for emergency transportation. List of goods is determined by the Government;
    h) persons participating in search and rescue operations;
    i) other persons, in cases established by international treaties to which Moldova is party.

    Article 40. Relaxation of controls when crossing border
    (1) border controls can be subject to relief products exceptional and unforeseen circumstances. As circumstances are considered exceptional and unforeseen events that cause an increase in traffic, that waiting time at crossing point becomes excessively long, and staffing resources have exhausted the possibilities and organization.
    (2) In case the relaxation of border controls under par. (1), are priority controls at border entry. If the relaxation of border controls, will be at least minimal control.
    (3) The decision to relax border controls take the head of the crossing. Relaxation of controls is temporary, adapted to the circumstances justifying it and introduced gradually.
    (4) If relaxing border controls, border guard shall stamp travel documents in accordance with Art. 23.

Chapter VII - SECURITY MEASURES IN SUPERVISION AND CONTROL IN BORDER CROSSING

    Article 41. Specific Obligations of carriers
    (1) Carriers shall submit the Border Police, up to the start of border control, information concerning the passengers to transport them and the staff serving the route list. This information must include:
    a) number and type of travel document;
    b) citizenship;
    c) name, surname, patronymic;
    d) date of birth;
    e) crossing;
    f) transport code;
    g) time of departure and time of arrival;
    h) the total number of persons carried;
    i) initial point of embarkation.
    (2) The procedure and requirements for communication and information processing of the carriers is determined by the Government.
    (3) Failure, sending incomplete or erroneous information provided in paragraphs. (1) by carriers punishable offenses.
    (4) The carrier is obliged to destroy the information collected and sent to the Border Police within 24 hours after arrival of the person in Moldova. After passengers have entered, corrupt border police within 24 hours after transmission, unless such data will be needed later for the exercise of statutory powers.

    Article 42. Liability
    Violation of the border regime, border regime, the regime of crossing points and other rules established by this law, other legislation in the field, involve civil or criminal legislation in force.

    Article 43. Data processing personal
    (1) The registration of persons who have crossed state or identification procedure can be collected and stored following personal data:
    a) name;
    b) date and place of birth;
    c) address;
    d) citizenship;
    e) number of travel and its validity;
    f) the identification number of the person according to the travel document;
    g) place, time and crossing the border.
    (2) Data collected under par. (1) to store observing the legislation on personal data protection.
    (3) government authorities who process personal data in the border control shall, in accordance with legislation, organizational and technical measures to protect personal data against destruction, alteration, suppression, copy, spread, and and other illegal actions.
    (4) Border Police, Customs and other control bodies established by law, provide personal data subjects, free realization of the rights they hold as the subjects of personal data.

Chapter VIII - FINAL AND TRANSITIONAL

     Article 44
     Government, within six months:
     a) Submit proposals to bring legislation into conformity with this Law;
     b) bring its legislation in conformity with this law.
     Article 45
     This law comes into force on July 1, 2012.
     Article 46
     The entry into force of this Law, Law no. 108-XIII of May 17, 1994 on the border of the Republic of Moldova (Official Gazette of the Republic of Moldova, 1994, no. 12, art. 107), as amended and supplemented, is hereby repealed.







Chapter I - GENERAL PROVISIONS

    Article 1. Scope of law
    The purpose of this law is:
    a) creating a legal framework for the management, protection and efficient use of surface water and groundwater in the assessment, planning and participatory decision making;
    b) establishment of water use rights and promote investment in water;
    c) establishment of mechanisms for protection of water status, preventing any further degradation of water, protecting and restoring aquatic gradual convergence and systematic protection and managing them with European requirements;
    d) prevent further deterioration and protects and enhances the status of aquatic ecosystems and, in terms of their water needs, terrestrial ecosystems and wetlands directly depending on aquatic ecosystems;
    e) ensuring adequate supplies of surface water and groundwater quality, that which is necessary for sustainable, balanced and equitable water
    f) establishing a legal basis for international cooperation in joint management and protection of water resources.

    Article 2. Definitions
    In this law, the following definitions apply:
    aquifer - underground layer or layers of rock or other geological strata of sufficient porosity and permeability to allow either a significant flow of groundwater or the abstraction of significant quantities of groundwater;
    surface waters - water bodies and rivers of the ground surface;
    groundwater - water that is below ground in the saturation zone and in direct contact with soil or subsoil;
    wastewater - water that comes from domestic activities, social and economic waste containing pollutants or to alter the physical, chemical and bacteriological original;
    environmental permit for special use of water - a document issued by the institution subordinated to the central body of public administration environment, whose holder is entitled to the special use of water under certain conditions, according to this law;
    basin - piece of land from which all surface runoff flows through a succession of rivers, streams and lakes to the sea in a single river mouth, estuary or delta, bounded by the watershed;
    State Cadastre of water - the state information system contains records relating to the hydrographic data, water resources, the levies and restitutions of water, hydraulic heritage;
    requirement for water environmental quality - concentration of a pollutant or group of pollutants in water, sediment or biota which should not be exceeded to protect human health and the environment;
    basin district committee - advisory and coordinating body basin district;
    Artificial water body - body of surface water created by human activity;
    surface water body - separate and significant surface water such as lake, reservoir, pond, stream - the river or canal segment of a stream - river or canal, transitional waters;
    groundwater body - distinct volume of groundwater within an aquifer or multiple aquifers;
    sanitary flow - minimum flow in a section on a stream necessary to ensure the living conditions of existing ecosystems;
    river basin district - area of ​​land in Moldova, consisting of one or more neighboring river basins and associated groundwater, identified as a main river basin management unit;
    pond (pond) - body of water artificially formed by stopping the dam or by withdrawing a stream, for fisheries, irrigation, etc.., the volume of water at normal level of retention of up to one million m3;
    Flood - temporary covering by water coming from the overflow of excessive high water flood or heavy rains, a portion of land, usually not covered by water;
    lake - standing surface water body that is not related to oceans worldwide;
    lake - an artificial water body that is a pool of water, with possible use for different purposes, with a volume of water at normal retention of over one million m3;
    water pollution - direct or indirect introduction, as a result of human activity, of substances or heat into the air, water or soil may pose risks to human health or the quality of aquatic ecosystems or terrestrial ecosystems which depend directly aquatic ecosystems, resulting in material damage to property or harm or adversely affect the legal services and other uses of the environment;
    pollutant - any substance that could be a factor of pollution;
    water resources - surface water, groundwater and atmospheric precipitation fallen in Moldova;
    flood risk - the combination of likelihood of flooding and potential adverse effects to human health, environmental, cultural heritage and economic activity associated with floods;
    drought - temporary deficiency of surface water and groundwater due to climate change;
    sub - area of ​​land within a river basin from which all runoff water flows through a network of rivers, streams and lakes to a particular point in a stream in the river basin district;
    Hazardous substances - substances or groups of toxic, persistent and bioaccumulative, and other substances or groups of substances of danger;
    water fund land - land under water, the beds of rivers, lake basins, ponds, water reservoirs, marshes, fields that are located hydraulic structures and other components of service water, land allocated for files deviation (from the banks ) of rivers, water basins, ditches and collector highways, and land used for construction and operation of facilities that provide drinking water needs, technical water, clean water and other public needs;
    emission limit values ​​- mass expressed in terms of certain specific parameters, concentration and / or an emission level that can not be exceeded during a certain period or more specific periods;
    wetlands - stretches of swamps, the marshes, the bogs, water, natural or artificial waters, permanent or temporary, with water that is stagnant or flowing, fresh, brackish or salt, which does not exceed 6 m depth;
    vulnerable areas - areas of land from which surface water supplies and / or groundwater and causing their pollution by nitrates from agricultural sources.

    Article 3. Scope of law
    (1) This law regulates:
    a) management and protection of surface and groundwater, including measures to prevent and combat floods, erosion and measures to counter drought and desertification;
    b) activities that impact on surface water and groundwater, including capture and water use, wastewater discharge and pollution, other activities could harm water quality.
    (2) The following activities are regulated by special laws:
    a) use of natural mineral waters and medicinal minerals, including thermal,
    b) safety of dams and other hydraulic structures;
    c) establishment of water user associations for irrigation and irrigation infrastructure for the transfer and use by such associations;
    d) fishing and aquaculture, except discharges of pollutants from aquaculture facilities and the introduction of dangerous substances in water covered by this law;
    e) ensuring water supply, the discharge of wastewater and water treatment services for the population, commerce and industry.

    Article 4. The ownership in water
    (1) Water is a renewable natural resource, vulnerable and limited, an indispensable element for life and society, a key factor in maintaining ecological balance, a raw material for productive activities, a source of energy and transport route.
    (2) Water is not a certain commercial product, but a natural heritage to be protected, defended and treated as such.
    (3) Water is part of the public domain.
    (4) Any natural or legal person is entitled to use water under this law.
    (5) land under the pond water may participate both in the public domain, as well as private sector. Any natural or legal person can build a pond on land that belongs to ownership under the law.
    (6) land water fund is an indivisible good.

    Article 5. Water resources management
    (1) Efficient management of water resources of the Republic of Moldova is made based on river basin located in the Republic of Moldova and the Prut River Basin and the Danube-Black Sea located in Moldova, called watershed districts.
    (2) District basin is the primary source of river basin management and their associated groundwater.
    (3) River Basin Districts in Moldova are:
    a) river basin district;
    b) Danube, Prut river basin district and the Black Sea.
    (4) The watershed districts may be formed basins.
    (5) watershed district boundaries, boundaries of sub-basins and special maps as approved by the Government are determined.

    Article 6. Resource management principles water
    Water resources management is based mainly on:
    a) the principle of participation of water users, local and central public authorities, civil society and other stakeholders in planning and decision making on the use and protection of water resources;
    b) the "polluter pays" principle, that the costs of pollution prevention or remediation of water resources are borne by the polluter;
    c) the precautionary principle, which means that if there is risk of serious or irreversible harm to water resources, lack of full scientific certainty can not be used as an excuse to avoid taking action;
    d) the principle of sustainable water use by the sense that the needs of future generations must be considered in use and water protection;
    e) the principle of the economic value of water in the sense that the economic value of water resources and their management must be recognized by introducing cost-recovery mechanisms for managing water resources.

Chapter II - REGULATION AND MANAGEMENT OF THE STATE WATER USE AND PROTECTION

    Article 7. Government
    (1) In the use and protection of water, the Government:
    a) coordinate all public authorities responsible for water;
    b) approve a normative framework for the implementation of this law;
    c) take other actions provided for by law.
    (2) coordinate government activities to be undertaken under this Act and may delegate certain powers, established by this law, central government authorities, other authorities responsible for water.

    Article 8. The central body of public administration environmental
    The central government of the environment is responsible for implementing state policy in the management of water resources:
    a) develop policies, laws, plans to be approved by the Government and changes necessary to bring legislation in line with European requirements;
    b) perform condition monitoring and the use of water resources, take State Cadastre of water;
    c) establish subordinate institution whose duties shall issue environmental permits for special water use and environmental permits for keeping the Register of special water use (the competent institution);
    d) ensure, together with the Ministry of Health, compliance and protect water quality;
    e) encourage and promote the participation of civil society and all stakeholders to debate specific projects of national interest in water;
    f) ensure international cooperation and coordination of their activities resulting from international treaties;
    g) coordinates external donations and manages investments in water;
    h) other actions provided by law.

    Article 9. Administrative authority management water
    (1) The water management take administrative measures to implement the legislation and water management and protection:
    a) participate in developing and implementing policies, programs, action plans and water management;
    b) manage hydraulic structures that are in the public domain;
    c) maintain surface water bodies, areas of water protection and file, according to art. 50 para. (3);
    d) Perform other functions stipulated by law and those delegated by the central public administration on the environment.
    (2) The organization and functioning of the administrative authority for water management are determined by rules adopted by the Government.

    Article 10. Committee basin district hydrographic
    (1) For each river basin district, each government formed a committee whose composition enter the representatives of central and local government, sub-committees, water user associations, civil society and scientific society.
    (2) The main tasks of river basin district committee are:
    a) consult in the development, modification and approval of plan of management basin district;
    b) participating in the identification, delineation and classification of water bodies subject to environmental requirements for water quality and protection they need, or could be affected by pollution from various sources, including agriculture, consult to identify vulnerable areas;
    c) developing measures to be included in the catchment basin management and to achieve management objectives;
    d) participate in cross-border cooperation on common pools.
    (3) The establishment and operation of river basin district committee, its composition and powers are set out in regulations approved by the Government.

    Article 11. Local authorities
    Local authorities have the following powers:
    a) maintain and manage surface water bodies, areas of water protection and file in their custody, according to art. 50 para. (4);
    b) delegate its representatives to the committee basin district;
    c) inform the civil society and stakeholders about certain aspects of the water, including restrictions and bans the use of water;
    d) create, in collaboration with associations, sub-committees of small rivers;
    e) perform other tasks prescribed by law.

    Article 12. Collaboration and public access information from the water
    (1) The central government supports the environment, directly or through subordinate institutions responsible for water management, participation of public and private institutions, NGOs, the media, water users associations, the citizens, other stakeholders to achieve rational use and protection measures for water by encouraging:
    a) active collaboration to examine the various issues for public debate;
    b) initiating campaigns to educate people in spirit form a caring attitude toward water;
    c) organization of public control over the implementation of water protection measures;
    d) report cases of violation of legislation, as well as those whose effects are likely pollution, waste and water depletion;
    e) submission of proposals to optimize the use and protection of water;
    f) engaging in work to optimize the use and water protection and the prevention and liquidation of the destructive effects of water;
    g) the undertaking of other measures to ensure rational use and water protection.
    (2) Any natural or legal person is entitled to inspect records, plans, lists, any public information under the Access to Information legislation.

Chapter III - DATA MANAGEMENT. POLICY AND PLANNING

    Article 13. Monitoring water resources
    (1) systematic monitoring and recording the status of surface water, groundwater and protected areas is carried out by the central public administration on the environment through subordinate institutions, as provided by rules adopted by the Government. The intake water, irrigation water and recreational areas will be monitoring together with the Ministry of Health.
    (2) Rules referred to in para. (1) specifies the parameters subject to monitoring, rizării, procedures and technical measures, but not limited to, sampling and analysis requirements of each parameter for quality control for laboratory practices and data recording.
    (3) riparian land owners are required to permit authorized representatives of the central public administration on the environment, but they are flat on the ground undertaking the following actions:
    a) the passage or movement of service personnel involved in water management for their performance;
    b) transportation and temporary storage of materials and equipment, their movement and personnel, pumping test, where hydrogeological boreholes, which are part of national monitoring network;
    c) location in the riverbed and banks, the terminal parts, measuring and control devices or other appliances or equipment, necessary study water and access to maintenance facilities for these activities;
    d) access to perform scientific research work in the field.
    (4) Damage caused by the actions referred to in para. (3). a) and b) are repaired at the expense of state budget allocations or account authorized persons who have caused damage and that caused by the actions of c) and d) are repaired otherwise provided by law.

    Article 14. State Cadastre of water
    (1) State Cadastre of water is maintained by the central public administration in environmental matters, the administrative authority for water management. Cadastre contains data on the river, including the identification, delineation, classification and status of water bodies, the construction and hydraulic engineering, and file protection areas, protected areas located in these areas, and data sampling and restitution water.
    (2) Structure and State Cadastre of water content are determined by rules adopted by the Government.

    Article 15. Register of environmental authorizations special use of water
    (1) Register of environmental permits for special use of water is taken by the competent institution. The register contains data on holders of permits, authorizations type, date of issue, validity, place of business licensed, other references on the issue, amendment, extension, suspension, termination or withdrawal of authorizations. Acts as a ground have made entries in the register of environmental permits for special water use to store the file.
    (2) The structure and contents of that paragraph. (1) are established in regulations approved by the Government.

    Article 16. Transparency of information of cadastre State of water and permits Register environment for special use of water
    (1) Information of the State Water Cadastre and Register of environmental permits for special water use is public.
    (2) Any natural or legal person is entitled to study and receive data from the State Water Cadastre and Register of environmental permits for special water use in accordance with the law on access to information.

    Article 17. National policy documents water resources
    (1) national policy documents water resources is decided according to law. These documents shall contain provisions on:
    a) the quantity and quality of existing water resources and water bodies in their use by all sectors;
    b) the volume of water flow unused resources, taking into account environmental needs and water use by international treaties;
    c) water requirements on short, medium and long for each main sector of economy;
    d) investment priorities, to denote the need to ensure efficient water supply and sanitation services to urban and the rural population and compliance with applicable European and environmental objectives for water;
    e) special measures to prevent and control pollution of surface and groundwater;
    f) priority measures to promote adaptation to climate change, including identifying and combating water scarcity, to denote to the long-term imbalance between supply and demand of water and increased risk of droughts and floods;
    g) programs of measures on environmental quality requirements for water and / or the environmental objectives for water, as the European Union;
    h) specific terms of achieving certain objectives, measures, actions, etc. requirements.
    (2) The central government promotes active participation in environmental civil society in preparation of the national policy of water resources by publishing documents and information to all interested parties, offering everyone the opportunity to comment and make recommendations the content of these documents.
    (3) The central government's environmental policy documents publicize national water resources through the national media.

    Article 18. National policy documents wastewater
    National policy documents on waste water and is approved under the laws contain provisions on:
    a) design, financing, construction, commissioning and operation of collection systems and wastewater treatment plants in urban areas and the time that Moldova must comply with applicable requirements in the EU in this field;
    b) identify and implement measures that would provide the cost effective wastewater treatment in rural areas so as to reduce and minimize pollution, and would protect drinking water and the design, financing, construction, commissioning and operation of local systems of wastewater collection, wastewater treatment plants of, the implementation of processes, technologies and methods appropriate alternative.

    Article 19. Basin District Management Plan hydrographic
    (1) District basin is managed under a plan developed by the central public administration in environmental matters, in consultation with the river basin district, approved by the Government.
    (2) management plan river basin district to provide for the implementation of national policy documents on water resources and includes:
    a) evaluate the quality and quantity of water resources in the river basin district;
    b) risk assessment of water scarcity, drought, floods, pollution and dam failure within the river basin district, assessing the costs of prevention, reduction or mitigation of such risks;
    c) identification of river basin district there is a risk of pollution from diffuse sources;
    d) analysis of existing protected areas and buffer zones established in accordance with law, the need for establishing new areas or areas or amending existing ones;
    e) the use of special water priorities, measures to address risks and problems identified in the letter. b) and c) existing and future standards;
    f) other relevant matters.
    (3) The development of the plan referred to in para. (1) and (2), and review procedure shall be established by the central government's environmental and approved by the Government.
    (4) management plan river basin district shall be reviewed every six years.

    Article 20. Information and consultation of civil society
    (1) The central government encourages the environment, directly or through subordinate institutions responsible for water management, active participation of all stakeholders in the development, review and update the management plan by publishing and river basin district subjection to public debate:
    a) the timetable and program development plan, the measures to be taken in consultation;
    b) a provisional synthesis problems identified in water management in river basin district;
    c) the draft plan of management basin district or other relevant information.
    (2) The information specified in par. (1), documents and information used in drafting the catchment basin management are available to applicants free of charge upon request.
    (3) The period of consultation and forms written comments and objections on the discussion document should be at least 6 months.

Chapter IV - WATER USE AND AUTHORIZING WATER USE

    Article 21. Water use
    (1) A water use following activities:
    a) abstraction of a surface water body or a body of groundwater, transportation and subsequent use of water;
    b) impoundment or storage of water behind a dam or other hydraulic structures and installations;
    c) collection, treatment and disposal of wastewater;
    d) diversion, restriction or modification of water flow in a water body;
    e) modifying the bed, the banks, course or characteristics of a water body;
    f) Construction of permanent structures on ground water fund.
    (2) Water users shall:
    a) to use water rationally and Economy;
    b) undertake measures for protection of waters against pollution;
    c) to respect other water users;
    d) keep records of water used and reported, according to a regulation approved by the Government.

    Article 22. Overall water use
    (1) A general use and requires no special use permit environmental water use for the following purposes:
    a) human consumption and other domestic needs;
    b) watering animals without the use of permanent structures;
    c) irrigation next to the house;
    d) bathing and leisure;
    e) capture and use water for fire fighting or other emergency situation.
    (2) irrigation conducted by a person legally supplied with water through a centralized irrigation system managed by an association of water users for irrigation or other person holding environmental authorization for special water use does not require such authorization.
    (3) The use of water for bathing and recreation may be restricted or prohibited:
    a) the central body of government environmental or other public administration bodies competent in the event of imminent danger to life and health or a protection zone established in accordance with law;
    b) the holder of an environmental permit for special use of water under the conditions of the permit.
    (4) Upon notification by public administration authorities, the central public administration on the environment may limit or prohibit temporarily the overall water use where there is imminent danger to life and health of people or danger to state waters and ecological balance.
    (5) Rainfall falling on private land can be used by the owner in accordance with Civil Code.
    (6) The holder of the environmental permit for special use of water is required to provide access to overall water use specified in par. (1).
    (7) Right to overall water use does not imply a right of way through private land except as provided by Civil Code.

    Article 23. Special use of water
    (1) The use of water which is not subject to art. 22 is considered special use and can be made only on the basis of an environmental permit for special use of water.
    (2) is also considered a special use of water and the following activities:
    a) abstraction of surface water sources and groundwater for water supply for human consumption;
    b) capture and use water from surface water sources and groundwater technical and industrial purposes, including food processing and agro-industry;
    c) capture and use different sources for irrigation water;
    d) water use in aquaculture and fisheries;
    e) the discharge of wastewater;
    f) striking water to generate hydro-electricity;
    g) the construction of wharves, jetties and other hydraulic structures on ground water fund;
    h) development and commercial exploitation of beaches and recreational areas.

    Article 24. Water use priorities
    (1) Meeting the need for population drinking water and water for household needs, ensuring baseflows have preferred to use water for other purposes.
    (2) If the management plan does not specify basin district a different order of priorities for water use and allocation, including the underground, special water use will be according to the following priorities:
    a) Irrigation and Watering the animals;
    b) industrial activities including mining and agro-industry activities;
    c) fish and fisheries;
    d) hydropower generation;
    e) sports and entertainment;
    f) other areas.

    Article 25. Application for the environmental permit for special use of water
    (1) An application for environmental permits for special water use shall be submitted to the competent institution.
    (2) The application referred to in para. (1) is attached:
    a) describe the purpose and how water use to which the application relates;
    b) the document proving ownership of land which is located the body of water and land plan, indicating the hydro construction or wells, as appropriate, and other buildings for the use of water;
    c) documents relating to hydraulic structures, wells, as appropriate, other buildings for the use of water;
    d) indicating the quantity of water to be used, the volume of wastewater and discharge their place;
    e) indication of measuring the amount of water used to be discharged;
    f) action plan for protection of water resources between water use;
    g) documents evidencing coordination of conditions of water use by authorities having responsibilities for water management, and health supervisors, protection of fisheries, veterinary supervision, as appropriate;
    h) proof of publication in the local press notice referred to in paragraph. (4), on requesting the special use permit for the water environment.
    (3) In case involving water use by wastewater discharge, the provisions of art. 41 para. (1).
    (4) environmental permit applicant for special use of water is required to publish a notice in the local press on requesting the special use permit for the water environment and to display the local municipality. Any natural or legal person objecting to the application for a special use permit for the water environment may notify the competent institution in writing within 30 days after publication of the notice.
    (5) The competent institution shall organize, within 30 days of receipt, inspection of the water body specified in it.
    (6) The competent institution places on its official website claims to issue the environmental permit for special water use and organize, where appropriate, public hearings on applications called if the latter involves a significant impact on the environment or have objections submitted under par. (4).
    (7) The deadline for examining the application and environmental permits for special water use is two months. If environmental permit for special use of water in the long run, the deadline may be extended by two months.
    (8) The term specified in par. (7) runs the presentation by the applicant of all documents required under this law.

    Article 26. Term environmental authorization special use of water
    (1) environmental permit for special use of water shall be issued for a period of 12 years, except that:
    a) authorization is required for a shorter period;
    b) authorization is required for a term under par. (2).
    (2) environmental permit for special use of long-term water issues for 25 years if the applicant undertakes to make a long term investment having as object construction, improvement or rehabilitation:
    a) a dam for hydroelectric or other;
    b) a hydraulic structures or facilities to treat and supply drinking water.

    Article 27. Environmental authorization special use of water
    (1) environmental permit for special use of water, including long-term, is issued free by the competent institution, with the service of public health surveillance, under regulations approved by the Government.
    (2) In considering the application for environmental permits for special water use are taken into account:
    a) management plan relevant river basin district;
    b) Republic of Moldova obligations assumed under international treaties;
    c) water use priorities applicable to the relevant river basin district;
    d) the content of environmental expertise and environmental impact assessment required by law;
    e) use best available techniques;
    f) written objections, and findings public hearings on the application.
    (3) environmental permit for special use of water shall not be issued if it would adversely affect:
    a) Water use by any natural or legal person holding an environmental permit for special use of water;
    b) requirements for water quality standards referred to in art. 37 or environmental objectives for water referred to in art. 38;
    c) minimum requirements for sanitary flow.
    (4) environmental permit for special use of water is entered in the Register of environmental permits for special use of water in accordance with Art. 15.
    (5) The decision to issue or deny issuance of the environmental permit for special use of water may be appealed in administrative court, without requiring prior procedure.

    Article 28. Contents of environmental special use of water
    (1) environmental permit for special use of water must provide:
    a) the purpose for which water will be used;
    b) the volume of water on its holder the right to capture, to dam, divert it to use, by reference to either a fixed amount or a share of the flow;
    c) flow volume restitution, if appropriate, where the repayment stream will be discharged.
    (2) environmental permit for special use of water requires the holder to comply with the following general conditions:
    a) rational use of water for the purpose specified;
    b) prevention of water pollution;
    c) installation of equipment for measuring the volume of water used;
    d) providing information on the volume of water used;
    e) compliance with the discharge;
    f) Provision of sanitary protection of water supply;
    g) compliance with hygienic water quality.
    (3) environmental permit for special use of water requires the holder to meet certain special requirements:
    a) how water will be used;
    b) seasonal and temporal variations in water use;
    c) take measures to reduce pollution effects and taking other measures to protect the environment;
    d) effective management and water protection.

    Article 29. Environmental authorization holder special use of water
    (1) environmental permit for special use of water is a personal document, which can not be assigned except with the prior approval of the competent institution, in compliance with the transferee of art. Article 27. (1). Consent is not required if:
    a) sequence;
    b) disposing of land or the construction of hydro referred to the environmental permit for special use of water.
    (2) environmental permit for special use of water, transferred under par. (1) remains valid provided that, within two months from the date of transfer, the transferee to register the transfer to the competent institution.

    Article 30. Amendment and suspension of environment for special use of water
    (1) environmental permit for special use of water can be changed by the competent institution:
    a) at the request of its holder, including the case of substantial change occurred in service can have significant effects on water;
    b) temporarily if necessary the requirements related to the flow of sanitary water supply as a result of a decision declaring a state of drought in accordance with Art. 48.
    (2) environmental permit for special use of water may be suspended by the competent institution:
    a) at the request of the holder;
    b) in case of non later than 30 days of a prescription issued for failure to comply with the permit conditions;
    c) if the conditions have not been reviewed under Article discharge. Article 42. (3) and (4);
    d) where necessary the requirements related to the flow of sanitary water supply as a result of a decision declaring a state of drought in accordance with Art. 48;
    e) if necessary to protect public health or other exceptional circumstances.
    (3) The competent institution shall, within 3 days of suspension under paragraph. (2). b)-e), initiate lawsuits. Decision to suspend the competent institution shall apply until the adoption of the final judgment.

    Article 31. Termination and withdrawal of environment for special use of water
    (1) environmental permit for special use of water stops:
    a) at the request of the holder;
    b) the expiration date;
    c) if the water referred to was not used within 3 consecutive years;
    d) in case of withdrawal.
    (2) The competent institution is entitled to withdraw the environmental authorization for special use of water if necessary reallocation of water for other purposes in accordance with public utility and / or management plan relevant river basin district.
    (3) In case of withdrawal referred to in para. (2), the holder is entitled to a free new permit to use a water volume equivalent to a resource or alternative compensation calculated on the same legal basis as expropriation in the public interest.
    (4) The competent institution initiates trial of withdrawal of authorization to use special water environment where:
    a) it is found that the holder does not comply with permit conditions after a previous suspension of the authorization within 30 days;
    b) the authorization was transferred without compliance with art. 29.

    Article 32. Extension of environmental authorization special use of water
    (1) The environmental permit for special use of water may request the competent institution in accordance with the extension of authorization to issue such a permit. The request for extension of the environmental permit for special use of water must be submitted no later than 3 months before expiry.
    (2) The competent institution extended the environmental permit for special use of water, except that:
    a) the order of priorities of the management plan applicable basin district requires that all water or part of it to be reallocated for other purposes;
    b) there are other public interest reasons for rejecting the application for extension.
    (3) The restrictions specified in par. (2) does not relate to water abstraction for water supply for human consumption.

    Article 33. Land and building hydro for special use by water
    (1) If land a body of water, hydraulic structures and land that is needed are the right to use special water but are not owned by the applicant authorization to use special water environment, it must obtain land use right and hydraulic construction.
    (2) Ownership and / or right to use hydraulic construction and special land use by water can be acquired and / or assigned in accordance with the Civil Code and Law on management and privatization of public property.
    (3) The central body of government initiated environmental, directly or through subordinate institutions, lawsuits construction demolition and dismantling unauthorized hydro facilities located on land fund or inland waters.

Chapter V - WATER PROTECTION

    Article 34. Prohibition of pollution
    (1) discharge, the introduction of pollutants into surface water body, a body of groundwater, the water fund land or land which can drain a surface water body or a groundwater body is forbidden, unless they are performed under conditions of wastewater facilities under the environmental permit for special use of water.
    (2) specific substances that enter surface waters for fishing or aquaculture, but produce no negative impact on the quality of receiving waters and is not necessary to obtain wastewater discharge conditions are established by regulation approved by the Government.
    (3) sanitary protection zones of water intakes from surface water and groundwater shall be determined according to a regulation approved by the Government.
    Article 35. Priority hazardous substances
    List of priority hazardous substances, hazardous because of their increased risk that poses to the environment can not be discharged into surface water bodies, the bodies of underground water on lands of the fund approved by the Government.

    Article 36. Requirements for discharge of substances dangerous
    (1) requirements for discharges of hazardous substances, priority hazardous substances other than provided for in art. 35, are established in regulations approved by the Government, which will provide:
    a) emission limit values;
    b) control of emissions and technical requirements for treatment of liquid waste and effluent before discharge, including requirements to use best available techniques;
    c) monitoring and reporting requirements.
    (2) Content of best available techniques approved by the central public administration on the environment.

    Article 37. Environmental requirements for water quality
    (1) requirements for water quality standards should include, but are not limited to, values ​​of temperature, acidity / alkalinity, dissolved oxygen, chemical and microbiological parameters. Requirements are established in regulations approved by the Government. Regulation shall also contain provisions on:
    a) water quality monitoring requirements, including methods of measurement, sampling, frequency analysis and procedures, data management requirements;
    b) disclosure of information on environmental quality requirements for water;
    c) water classification by reference to requirements for water quality standards established under par. (3);
    d) ban the use of water for certain purposes of water bodies that do not satisfy the requirements;
    e) imposition of remedial measures to be taken to ensure compliance with environmental requirements for water quality, including development of management plans and remedial action through participatory processes involving public and / or users of waters.
    (2) requirements for water quality standards are established under par. (1) for all water resources, as well as:
    a) use of specific bodies of water;
    b) activities which are authorized or place in water bodies of the letter. a);
    c) water bodies identified under par. (3), which requires protection to support certain activities.
    (3) The central public administration in identifying environmental or water bodies which are applicable environmental requirements for water quality and protection they need to support certain activities in these areas, in accordance with a procedure established the Government.
    (4) identification carried out in accordance with paragraph. (3) is taken into account in its revision of river basin management district.

    Article 38. Environmental objectives for water
    (1) environmental objectives for water in relation to chemical and / or organic and / or quantitative status of surface water and groundwater protection zones are established by the Government.
    (2) In this law:
    a) state surface water status means a surface water body caused by the worst ecological and chemical status of it;
    b) groundwater status means the status of a groundwater body determined by the worst of its quantitative status and chemical;
    c) surface water chemical status means the state generated by the concentration of pollutants to surface waters;
    d) means the chemical status of groundwater chemical status of a groundwater body;
    e) means the structural quality and ecological status of aquatic ecosystems associated with surface waters;
    f) quantitative status is the impairment of a body of groundwater by direct and indirect abstractions.
    (3) general criteria for water status of surface water bodies including rivers, lakes, artificial water bodies or heavily modified for groundwater bodies and necessary definitions are established by the Government.
    (4) Ensure compliance status for water bodies in each river basin district with the objectives specified in par. (1) shall be based on measures developed by the central public administration in environmental matters, in consultation with the river basin district. Measures should be included in the catchment basin management.
    (5) In exceptional circumstances related to natural causes or force majeure or if, in comparison with the anticipated, this would be possible only at disproportionate cost relative to technical feasibility, river basin district committee may request waiver of the Government from compliance with environmental objectives for water.
    (6) The minimum amount of measures in accordance with paragraph. (4) and waiver criteria under par. (5) is established by the Government.

    Article 39. Wastewater treatment requirements in urban
    Requirements for operation of wastewater collection systems in urban and operation of treatment plants are established by a regulation approved by the Government, which shall contain provisions on:
    a) the method and degree of treatment to be pursued on the number of people / the size of the locality served or to be served by a collection system and a sewage treatment plant and / or receiving water quality in waters that are discharged treated waste;
    b) identification and classification of such receiving waters designated as sensitive areas;
    c) mandatory for all industrial wastewater discharges into a collection system in urban areas, which must take place by agreement, unless justified in terms of technical, economic and environmental;
    d) sludge management requirements resulting from the treatment;
    e) mandatory monitoring liquid waste discharges and monitoring their effects, in addition to reporting requirements;
    f) other relevant matters.

    Article 40. Wastewater treatment requirements in rural
    Requirements for collection, storage, treatment and discharge of domestic wastewater in rural areas, including operational requirements of the local collection systems, substations and alternative treatment processes, technologies and appropriate processes are established by regulation approved by the Government.

    Article 41. Regulation of wastewater discharge
    (1) If the water use or wastewater discharge involves a process of water pollution, the demand for environmental permits for special water use are attached:
    a) description of the discharge process;
    b) the environmental expertise of project documentation for the discharge;
    c) description of the quantity and composition of pollutants to be discharged;
    d) description of proposed methods of discharge monitoring.
    (2) In considering the application referred to in para. (1), the competent institution:
    a) apply the relevant discharge requirements adopted pursuant to art. 36, except where building requirements for water quality standards referred to in art. 37 and environmental objectives for water referred to in art. 38 imposes more stringent and therefore more stringent emission controls;
    b) consider the impact of discharges required on other water users;
    c) consult the appropriate bodies for discharge into water sources and recreational areas.

    Article 42. The environmental conditions for use involving special water discharge wastewater
    (1) environmental permit for special water use involving wastewater discharges, besides art. 28, shall contain:
    a) emission limit values ​​in respect of each substance whose discharge is authorized;
    b) description of the location of the construction of discharge, describing their characteristics;
    c) mandatory monitoring by the Marketing and frequency of monitoring information to be provided by the competent institution;
    d) description of treatment processes prior to treatment or to be subject to waste or pollutants before discharge;
    e) description of the construction, operation and maintenance of any structure which is necessary for treatment or preliminary treatment of waste and pollutants or who controls the manner or place of discharge;
    f) matters needed to minimize or prevent pollution of water bodies achieving environmental quality requirements for water and environmental objectives for water, including seasonal or other variations on the amount or concentration of pollutants may be discharged.
    (2) environmental permit for special water use involving wastewater discharge may indicate the deadline for a gradual reduction in the quantity and / or concentration of pollutants may be discharged.
    (3) The conditions of wastewater facilities under the environmental permit for special use of water shall be reviewed every three years.
    (4) The consent holder shall submit to the competent institution of the review request at least three months before the expiration of three years. , Enclosing copy process description and discharge monitoring reports submitted under par. (1). c).
    (5) In the application referred to in para. (4), the competent review wastewater discharge conditions of the authorization, aimed at improving water quality, and amend when necessary, these conditions reduce the amount, type and / or concentration of pollutants discharged:
    a) as a result of the introduction into legislation of emission limit values ​​more stringent;
    b) to comply with environmental requirements for water quality and / or environmental objectives for water;
    c) under the changes in technology in terms of best available techniques.
    Article 43. Prevention of pollution from agricultural activities
    (1) Identify waters that are or could be affected by pollution from agricultural activities and designation of land that drain into those waters as vulnerable zones is carried out by the central public administration in environmental matters, in consultation with each basin district committee, under a regulation approved by the Government.
    (2) Rules referred to in paragraph. (1) shall also contain provisions on:
    a) rules of use of plant protection products and fertilizers in vulnerable areas;
    b) develop a code or codes of good agricultural practices to be implemented by farmers on a voluntary basis and programs to promote implementation of codes, including training and information to farmers;
    c) general programs of actions or programs implemented in certain areas, which may contain binding rules on storage and use of plant protection products and of some fertilizers;
    d) monitoring the effect of the activities undertaken under this Article and the nitrate concentration in freshwaters.

    Article 44. Drainage field drainage
    (1) It is necessary to obtain wastewater discharge conditions of a drainage system of land used for agriculture, forestry or horticulture, except par. (2). b).
    (2) If the drainage field drainage could cause serious water pollution or to meet environmental quality requirements of water referred to in art. 37 times the environmental objectives for water referred to in art. 38, by a regulation approved by the Government:
    a) to establish technical requirements for waste water drainage, including the creation and use of special ponds, constructed wetlands and filter, and / or
    b) to require such discharges occur only under conditions of discharge.

Chapter VI - USE AND PROTECTION OF GROUNDWATER

     Article 45. Groundwater use
     (1) The use of potable groundwater properties for other purposes than that of drinking water and sewage is prohibited.
     (2) In areas where there is no need for surface water sources, but there are sufficient reserves of potable groundwater properties, the Government may allow their use for other purposes than that of drinking water and sewage.
     (3) The use of groundwater shall be made only under special environmental permit for water use.
     (4) The environmental authorization is required for special use of water where groundwater use is within the overall water use according to art. 22.

     Article 46. Groundwater quality
     (1) groundwater quality requirements are established by a regulation approved by the Government, which shall contain provisions on:
     a) Management objectives groundwater or groundwater bodies may, without limitation, chemical and quantitative status, the concentration of pollutants due to human activities, ensuring a balance between abstraction and recharge;
     b) requirements for groundwater quality;
     c) permission refilling and setting specific conditions for exploration and groundwater abstraction;
     d) areas of sanitary wells.
     (2) Measures to ensure compliance with the objectives set out in para. (1) is developed in consultation with the river basin district.

Chapter VII - MANAGING DROUGHT AND FLOODS

    Article 47. Drought management plans
    Drought management planning is governed by rules approved by the Government, which shall contain provisions on:
    a) develop individual plans for drought management for each river basin or sub-district;
    b) specification of indicators which identify the circumstances of drought;
    c) establishing monitoring systems to identify the specific circumstances of drought;
    d) identify targets for management and drought mitigation measures, including measures to streamline water demand, setting priorities for water use, to support basic human needs, including food, protection of ecosystems water;
    e) the public participation in the elaboration and implementation of drought management plans, including information measures;
    f) creation of water reserves for drought;
    g) other necessary measures.

    Article 48. Declaration of drought
    (1) The central body of public administration proposal on the environment, the Government adopted a decision declaring a state of drought. Decision will indicate whether its provisions apply to the entire country, a river basin district or of basins and contains other relevant information about the actual situation of drought.
    (2) Resolution declaring a state of drought may provide temporary:
    a) restrictions on certain activities or all activities involving the use of water;
    b) restrictions or prohibitions on water use by those who hold an environmental permit for special use of water;
    c) restrictions or prohibitions on the general use of water;
    d) new priorities for water use in areas subject to drought and water deficiency;
    e) use of water reserves.

    Article 49. Flood risk management
    (1) Flood risk management is governed by rules approved by the Government, which shall contain provisions on:
    a) the scope of plans for flood risk management;
    b) integration stage of management plans for flood risk management plans of river basin districts;
    c) establishment of emergency procedures and mechanisms to coordinate flood assistance to the affected population;
    d) coordinate the development and adoption of plans for flood risk management with similar planning exercises undertaken in neighboring countries based on bilateral or multilateral treaties;
    e) other relevant matters.
    (2) The central government made environmental assessment areas within the river basin district are at risk of flooding, develop hazard maps of geographical areas that could be flooded and maps flood risk areas in relation to those areas and, in consultation with each river basin district committee, develop management plans for flood risk stating the objectives of flood risk management and measures to achieve these objectives, including measures to reduce flood risk and health protection and human life, economic activities, ecosystems and cultural heritage.
    (3) Owners of land are required to permit authorized representatives of the central body of public administration in environmental matters, without charge, switching, and transport and temporary storage of materials and equipment for operative intervention for flood protection.
    (4) The central government's environmental start negotiations with neighboring countries in developing joint plans for flood prevention and management.

Chapter VIII - MAINTENANCE OF BODIES OF WATER, A ZONE FILES AND PROTECTION

    Article 50. Maintenance of water bodies, areas and protection strips
    (1) administrative authority for water management and local government maintains surface water bodies, the protection zones and bands as a compulsory public service.
    (2) maintenance of surface water bodies, areas and protection strips, which is based on the environmental objectives for water referred to in art. 38, includes:
    a) strengthening the banks of rivers, water bodies and river beds;
    b) providing evacuation capacity of river beds and remove excess silt;
    c) removal of excessive vegetation riverbed;
    d) maintenance of navigable waters navigable condition;
    e) removing objects from the surface and waste water, water from the land fund;
    f) other necessary works.
    (3) administrative authority for water management is responsible for maintenance of surface water bodies, areas and protection strips and hydrotechnical construction by the Government.
    (4) Local authorities, other private owners are responsible for maintaining surface water bodies, areas and protection strips and hydrotechnical constructions in their management.
    (5) riparian land owners are obliged, after having notice, to admit representatives responsible for maintenance, and transportation and temporary storage of materials and equipment necessary to carry out maintenance tasks.

    Article 51. Legal status of areas and bands protective
    The creation, use and activity regime of protection areas and water protection strips are regulated by special law.

    Article 52. Water protection areas
    (1) water protection areas are established where necessary in the public interest to:
    a) protect water bodies from harmful effects to ensure current and future public water supply;
    b) protection of water for abstraction for drinking water;
    c) refueling groundwater;
    d) prevent harm caused by rainwater, erosion, soil input components, fertilizers, pesticides and herbicides in water bodies.
    (2) The water protection zones, certain activities are prohibited or are subject to certain conditions under the legislation. Riparian land owners are required to enable the competent authorities achieve the necessary measures, including monitoring water and soil.
    (3) If the measures taken under par. (2) amounts to an expropriation, compensation is paid according to law.

    Article 53. Wetlands
    (1) Identification and delineation of areas or areas classified as wetlands are made according to the Law on State Protected Natural Areas.
    (2) specific qualities and importance of wetlands must be taken into account in the implementation of this law and management plans of river basin districts.
    (3) not flushed, use and conversion of wetlands. They should be used in a sustainable way, so as to protect nature and essential characteristics.

Chapter IX - FINANCIAL ASPECTS

     Article 54. The cost recovery
     (1) To achieve the objectives of this law, the principle of full recovery of costs related to water use, including full assessment of the cost of water as a component of environmental and natural resource under an economic analysis of the use of water and the principle of "polluter pays ".
     (2) economic analysis referred to in para. (1) comprises the relevant calculations necessary to achieve the cost recovery of services related to water use, given the long term forecasts for demand and water supply watershed districts, and, if necessary, to estimate the volume, prices and related costs for water services and estimates of relevant investment.
     (3) The fee for water is regulated by the Tax Code.

     Article 55. Fee and payment for use and pollution water
     (1) general use of water shall be free. Payments for access to areas of bathing and spas can be determined only by the holder of the average use of water that has built special construction and / or facilities for recreational activities.
     (2) Fees for water use are established by the Tax Code.
     (3) Payments for water pollution are established by law.

Chapter X - COMPETENT TO CARRY CONTROL USE AND PROTECTION OF WATER

    Article 56. Control the use and protection of water
    (1) The functions vested with the state ecological control of central public administration body subordinated to environmental coordinates and carries out the inspection and control in the use and protection of water.
    (2) In order to perform the duties of control, inspectors have the right:
    a) access to water, in areas along the water, and any other place, facility or installation to make findings of compliance and enforcement of water use and protection;
    b) verifying the installation of measuring flow rates of water samples and examine, by law, any data or documents necessary for scrutiny;
    c) to review the work, construction, facilities and uses related to water and see if they are made and operated in accordance with specific legal and compliance permits issued under this Act;
    d) to prepare appropriate documents for finding facts which constitute offenses in the water;
    e) to dispose waste disposal, other substances or goods stored or disposed of in conflict with environmental legislation.

    Article 57. Pollution control
    (1) If certain pollutants or certain wastes have been dumped or are likely to be discharged into a body of water or on land, so there is a risk of pollution, the competent authority with control of state environmental subordinated to the central organ of government in environmental issues a prescription, demanding that, in a reasonable time, to undertake specific measures to protect water against pollution, minimize or remedy the effects of pollution.
    (2) If the specific measures referred to in para. (1) are not taken within the prescribed time, the authorized officials of the state ecological control of central public administration body subordinated to the environment made them, having the right to recover costs.
    (3) prescription issued under par. (1) may be appealed in writing within 10 days, the central body of public administration in environmental matters.
    (4) Filing of appeal referred to in para. (3) does not suspend execution of the prescription.
    (5) The decision of the central government on the environment may be appealed in administrative court.

    Article 58. Liability for violations in water
    Breach or non-water legislation involve civil or criminal, under the law.

Chapter XI - INTERNATIONAL COOPERATION

     Article 59. Water resources management plan international
     (1) Government, the central public administration in environmental, administrative authority for water management districts and watershed committees participate in joint management of international water resources based on bilateral agreements and / or multilateral agreements to which Moldova is part .
     (2) Government initiates the development process of bilateral and / or multilateral agreements with States bordering the rivers Dniester and Prut, based on the principles of integrated river basin management.
     (3) Government promote Moldova's participation in international organizations international river basin management, which includes parts of Moldova.

     Article 60. Cooperation actions
     (1) Republic of Moldova for meeting the obligations deriving from international treaties, the Government approved:
     a) mechanisms for direct and timely exchange of data management and water protection and information between the central government's environmental, administrative authority for water management and watershed district committees, on the one hand, and similar institutions in other countries, on the other;
     b) procedures for coordinating plans to be developed in accordance with this law, equivalent documents from other countries;
     c) delegations, which may include members of committees of river basin districts, for meetings with representatives of other countries.
     (2) Government approves the regulatory and / or legislative initiatives submitted to fulfill the commitments towards the European Union and to international organizations.

Chapter XII - FINAL AND TRANSITIONAL

    Article 61
    (1) special water use permits issued before the entry into force of this Law are valid until they expire.
    (2) The central government will develop environmental, submit to the Government and the entry into force of this law, will implement a phased plan to register the use of special water catchment districts.
    (3) water users who do not have special water use permit are required to declare special water use central government body in the environment within 90 days after the entry into force of this law.
    (4) water users who reported use of special water under par. (3) are given a period of six months to obtain environmental approval for special use of water under this law.

    Article 62
    (1) This Law shall enter into force 18 months after publication.
    (2) Government:
    a) within 6 months after adoption of this law shall submit to Parliament proposals for bringing the legislation into conformity with the law;
    b) within 18 months of adoption of this law:
    review and amend its legislation in line with its provisions;
    will develop and approve normative acts for its implementation.
    (3) Upon entry into force of this Law shall be repealed:
    No Water Code. 1532-XII of 22 June 1993 (Gazette of the Parliament of Moldova, 1993, no. 10, art. 287);
    Article. XIX of Law. 1592-XIII of 27 February 1998 amending and supplementing certain acts (Official Gazette of the Republic of Moldova, 1998, no. 44-46, art. 326);
    Article. V of Law. 493-XIV of July 9, 1999 on amendment of some acts (Official Gazette of the Republic of Moldova, 1999, no. 90-92, art. 452);
    Article. II of Law. 454-XV of 30 July 2001 on amendment of some acts (Official Gazette of the Republic of Moldova, 2001, no. 141-143, art. 1089);
    Article. III of the Law. 523-XV of 11 October 2001 amending and supplementing certain acts (Official Gazette of the Republic of Moldova, 2001, no. 131-132, art. 981);
    Article. I of Law. 446-XV of 13 November 2003 amending and supplementing certain acts (Official Gazette of the Republic of Moldova, 2004, no. 6-12, art. 40);
    Article. X of Law. 482-XV of December 4, 2003 amending and supplementing certain acts (Official Gazette of the Republic of Moldova, 2004, no. 6-12, art. 48);
    Article. II of Law. 252-XVI from 21 October 2005 on the repeal and amendment of legislation (Official Gazette of the Republic of Moldova, 2005, no. 151-153, art. 724);
    Article. I of Law. 202-XVI of 26 July 2007 amending and supplementing certain acts (Official Gazette of the Republic of Moldova, 2007, no. 141-145, art. 599);
    Article. IV of the Law. 280-XVI of 14 December 2007 amending and supplementing certain acts (Official Gazette of the Republic of Moldova, 2008, no. 94-96, art. 349);
    Article. III of the Law. 131-eighteenth of December 23, 2009 on amendment of some acts (Official Gazette of the Republic of Moldova, 2010, no. 23-24, art. 35).





Next PostNewer Posts Previous PostOlder Posts Home