ORDER OF THE GOVERNMENT OF THE REPUBLIC OF MOLDOVA

of December 30, 2016 No. 1467

About approval of the Regulations on access for the public to ecological information

Based on article 37 of the Constitution of the Republic of Moldova accepted on July 29, 1994 (repeated publication: The official monitor of the Republic of Moldova, 2016, No. 78, the Art. 140), and according to article 25 of the Law No. 982-XIV of May 11, 2000 on information access (The official monitor of the Republic of Moldova, 2002, Art. No. 88-90, 664), with subsequent changes, DECIDES: the Government

1. Approve Regulations on access for the public to ecological information it (is applied).

2. To provide to the ministries and other central administrative authorities implementation of this provision.

3. This resolution becomes effective after 5 months of date of publication in the Official monitor of the Republic of Moldova.

Approved by the Order of the Government of the Republic of Moldova of December 30, 2016 No. 1467

Regulations on access for the public to ecological information

This Provision transposes the Directive No. 2003/4/EU of the European Parliament and Council of January 28, 2003 about access for the public to information on the environment and about recognition of the invalid Directive No. 90/313/SEE of Council, published in the Official magazine of the European Union (OJ) No. L 41 of February 14, 2000.

I. General provisions

1. The regulations on access for the public to ecological information (further – the Provision) provide right of access to the ecological information which is available for bodies of the public power and determine terms, the main conditions and procedure of this right.

2. Ecological information extends progressively and is provided to the public for the purpose of the broadest and systematic access and distribution of this information. For achievement of this purpose use of information technologies and electronic communications progresses, in particular.

3. In case of application of this provision the terms below and expressions have the following values:

ecological information – any information in written, audiovisual, electronic or any other material form:

a) about condition of elements of the environment, such as air and atmosphere, water, soil, subsoil, earth, landscape and natural territories, including wetlands, biological diversity and its components, including genetically changed organisms, and also about interaction of these elements, including quality of life and condition which can affect health and wellbeing of the person;

b) about factors, such as substances, energy, noise, radiation, waste, including radioactive waste, emissions, dumpings and other emissions in the environment which influence or can affect the environment components provided in the subitem a);

c) about measures (including administrative), such as politicians, the legislation, plans, programs, agreements signed between bodies of the public power and individuals and/or legal entities, concerning the environment the types of activity influencing or capable to make impact on the components and factors provided in subitems and) and b), and also about the measures or actions directed to protection of the components specified in the subitem and);

d) about reports on implementation of the ecological legislation;

e) about analyses of costs/profit and about other economic analyses and forecasts used within the measures and actions specified in the subitem c);

f) about pollution of food chain (as necessary), about living conditions of the person, about monuments, cultural and historical and archaeological ensembles and monuments, any kind structures in that measure in which they are affected or can be affected by condition of the elements of the environment provided in the subitem and), or, by means of these elements, the factors, measures and actions provided in subitems b) and c);

body of the public power:

a) any organizational structure or body founded by the law or other regulation, functioning in the mode of the public power for the purpose of realization of public interest;

b) any physical person or legal entity providing to the population the public services concerning the environment under control of the body or person provided in the subitem a);

information which the body of the public power – the ecological information which is at the disposal of this body of the public power, developed or received by it has;

information which is at the disposal on behalf of body of the public power – the ecological information which is actually at the disposal of physical person or legal entity on behalf of body of the public power;

the applicant – the physical person or legal entity requesting access to ecological information irrespective of nationality, nationalities or residences, and in case of legal entities – irrespective of where they are registered or where there is the main production site;

the public – one or several physical persons or legal entities, and also the associations, the organizations or groups created by these persons.

II. Access to ecological information

Section I. General provisions

4. The request of ecological information and its provision are performed according to the Law No. 982-XIV of May 11, 2000 on information access and the Convention on information access, participation of the public in decision making process and access to justice on the questions concerning the environment signed in Aarhus, Denmark, on June 25, 1998 and ratified by the Resolution of Parliament No. 346-XIV of April 7, 1999.

5. Information on the environment is made public, including on own official web page of the central administrative authorities and on the government portal of the open data www.date.gov.md. If information is not on the web page or the portal, requests of ecological information and provision of answers are performed through specialized divisions on informing and public relations within bodies of the public power.

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