LAW OF THE REPUBLIC OF MOLDOVA

of May 22, 2025 No. 107

About responsibility in the field of the environment connected with prevention and elimination of effects of damage caused to the environment

The Parliament adopts this organic law.

This law shifts the Directive of the European parliament and Council 2004/35/EC of April 21, 2004 about the ecological responsibility directed to prevention of ecological damage and elimination of its effects, published in the Official magazine of the European Union by L 143 of April 30, 2004, CELEX: 32004L0035, with the changes made by Regulations of the European parliament and Council (EU) 2019/1010 of June 5, 2019 about reduction to compliance of obligations on submission of the reporting in the field of the ecological legislation and on modification of regulations of the European parliament and Council (EU) No. 166/2006 and (EU) No. 995/2010, of the directive of the European parliament and Council 2002/49/EC, 2004/35/EC, 2007/2/EC, 2009/147/EC and 2010/63/ES, regulations of Council (EU) No. 338/97 and (EU) No. 2173/2005 and the Directive of Council 86/278/EES.

Chapter I. General provisions

Article 1. Purpose and subject of the law

(1) the Purpose of this law is creation of the legal base of regulation of responsibility in the field of the environment founded on the principle "pollutant pays", for the purpose of prevention and elimination of effects of damage caused to the environment.

(2) the Subject of this law are the procedures and methods applied in the course of introduction of responsibility in the field of the environment regarding prevention and elimination of effects of damage caused to the environment.

(3) This law does not affect situation of the special legislation in the field of the environment.

(4) This law does not affect situation of the legislation on compensation of damage caused to property, or the harm done to person.

Article 2. Scope

(1) This law extends:

a) on the damage caused to the environment, caused by the any kind of professional activity provided by appendix 2, and on any direct threat of causing such damage caused by any of these types of activity;

b) except for of the types provided by appendix 2, when the operator affects damage caused to protected species and natural habitats, and any direct threat of causing such damage caused by professional activity intentionally or on imprudence;

c) on damage caused to the environment, and any direct threat of causing such damage caused by diffusion pollution and only in case of possibility of establishment of cause and effect relationship between damage and activities of certain operators.

(2) This law is applied without prejudice to regulations:

a) more strictly any kinds of activities regulating implementation falling under operation of this law;

b) the normative collisions providing rules in case of origin.

(3) Physical persons or legal entities of private law by this law are not granted entitlement to compensation as a result of damage caused to the environment or direct threat of causing such damage. In these cases provisions of the civil legislation are applied.

(4) This law does not extend:

1) on damage caused to the environment, and the direct threat of causing such damage caused:

a) armed conflict, military operations, civil war;

b) natural phenomenon of exclusive, inevitable and insuperable nature;

2) on damage caused to the environment, and the direct threat of causing such damage caused by incident, responsibility for which or compensation of damage on which falls under action of scope of one of international conventions which party is the Republic of Moldova, these conventions provided by appendix 4, including any future change;

3) on types of activity which main objective is national defense or the international security or those which single purpose is protection against natural disasters;

4) on the damage caused by the emission, event or incident which took place before entry into force of this law;

5) on damage caused by emission, event or incident from the moment of which emergence there passed more than 30 years.

(5) the Methodology of calculation of damage caused to the environment affirms the Government.

Article 3. Basic concepts

For the purposes of this law the following concepts mean:

1) professional activity - the activities performed during economic activity, business or within the company irrespective of its private or public, profitable or non-profitable nature;

2) direct threat of causing damage - sufficient probability of drawing environmental damage in the near future;

3) water object - surface and underground water in the value determined by the Law on water No. 272/2011;

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info