LAW OF THE REPUBLIC OF MOLDOVA

of November 8, 2007 No. 239-XVI

About flora

In view of aspiration of the Republic of Moldova to the European integration, considering importance of acceptance and implementation of the regulatory base regulating the field of ecology for application of the Directive 92/43/EEC of Council of May 21, 1992 about protection of natural habitats, and also the wild flora and fauna published in the Official magazine of the European Union No. 206 of July 22, 1992 and the Regulations (EU) No. 338/97 of Council of December 9, 1996 about preserving types of wild fauna and flora by the control over trade in them published in the Official magazine of the European Union No. 61 of March 3, 1997

The Parliament adopts this organic law.

Chapter I. General provisions

Article 1. Subject of the law

This law establishes the legal basis of preserving, protection, recovery and use of objects of flora, and also competence of bodies of the public power of all levels and scientific institutions in the field.

Article 2. Objects of the relations in the field of flora

Objects of the relations in the field of flora are:

a) the higher plants, mosses, lichens and mushrooms in natural environment of their growth;

b) the higher plants, the mosses, lichens and mushrooms gathered in natural environment and products from them;

c) derivatives of objects of flora;

d) collections of plants of wild flora;

e) circle of growth of objects of flora;

f) use of objects of flora.

Article 3. Sphere of regulation

(1) the Sphere of regulation of this law covers the flora objects growing under natural conditions and also the wild-growing plants containing in culture conditions for the purpose of reproduction and preserving genetic fund.

(2) Provisions of this law do not extend on:

a) the flora objects located in borders of the parcels of land which are property of foreign states in the territory of the Republic of Moldova;

b) the flora objects which are grown up in artificial conditions on the parcels of land which are in public or private property for the purpose of their realization or consumption;

c) agricultural plants.

Article 4. Basic concepts

For the purpose of this law the following basic concepts are used:

acclimatization - adaptation of types to new living conditions in connection with their individual transplantation;

the act of phytosanitary inspection of forest vegetation - the stating document constituted by specialized personnel of Institute of forest researches and forest managements for public institutions on forest management or the companies of forestry certifying forest pathological condition of forest vegetation and containing recommendations about applicable timber measures (system of cabins) according to rules of forest management;

scientific body of CITES - the institutes appointed as national scientific authority by the Law on accession of the Republic of Moldova to the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance (CITES) N 1246-XIV of September 28, 2000 according to Item b) parts 1) articles IX of the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance (CITES) of March 3, 1973;

permission to the cabin of forest vegetation" - the allowing document issued by the Agency of the environment, confirming permission and the right to production of the cabin of forest vegetation in forest fund and on the lands which are not entering into forest fund;

collection of plants - meeting of live plants or prepared, taken from natural environment of growth, exposed and kept in the botanical gardens or arboretums, exposures or the museums having scientific, cultural and educational and esthetic value;

natural vegetable community - set of the plants jointly existing on the homogeneous site of the territory and interacting with each other and also with environment conditions;

preserving - set of measures for maintenance or recovery of the favorable native habitat and populations of types of wild fauna and flora;

the habitat (growths) - set of specific abiotic and biotic factors in the territory in which the type exists at any stage of biological cycle of development;

introduction - individual implementation of type in vegetable community out of area of natural growth of this type;

flora objects - the types, populations, vegetable communities which do not have agricultural purpose;

CITES administrative authority - the body responsible for issue of permissions/certificates of CITES appointed as national authority of management of the Law on accession of the Republic of Moldova to the Convention on international trade in the types of wild fauna and flora which are under the threat of disappearance (CITES), No. 1246/2000;

wild-growing plants - the plants growing under natural conditions in certain territory;

flora - set of the wild-growing plants and natural vegetable communities growing in certain territory;

alien types - types of plants, accidentally or purposely entered/extended from other geographical area as the direct or indirect consequence of human activities, being absent naturally in certain area concerning which history of their evolution in the area of natural distribution other than the corresponding zone is known, capable to compete with local types, to dominate over them or to make on them negative impact and even to replace them;

local types - the types of plants which are in the Republic of Moldova naturally, but not as a result of accidental or deliberate centuries-old introduction by the person;

invasive types - the local or alien types which expanded area of the distribution or entered accidentally or purposely on this territory and/or being reproduced so intensively and aggressively that negatively influence/dominate / replace some of local types, determining quantitative and/or high-quality changes in structure of the natural biocenosis typical for certain type of biotope;

the security status of type - effect of set of the factors influencing certain type capable it is for an appreciable length of time negative to influence area and number of population of this type within the European territory. The security status of type is considered as "corresponding" if:

- the populations of the corresponding type this about dynamics are specified preserving type for an appreciable length of time as viable element of its natural habitat;

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