The Parliament adopts this organic law.


Chapter I.GENERAL PROVISIONSARTICLE 1 GENERAL Article. The purpose and object of the law (1) the purpose of this law is to establish a legal framework for the conduct of strategic environmental assessment in order to ensure a high level of environmental protection, to prevent or reduce the adverse effects of certain plans and programmes on the environment, including health.
(2) subject to environmental assessment projects strategic plans and programmes are drawn up at national and local levels, which may have a significant impact on the environment in the Republic of Moldova or other States.
In article 2. Notions for purposes of this law, the following notions: competent authority-the central body of the public administration, which gives the initiator of the draft consultation plan or programme prior to the assessment, shall examine the draft plan or programme, the report on strategic environmental assessment and make a decision on the issue of or refusal to issue of the opinion of the environment at different levels central body: the environment) of the public administration for plans and programmes on the national level, including the sectoral and intersectoral cooperation, approved by the Government or Parliament;
b territorial subdivision) central organ of public administration-for plans and programmes for local, approved by the local public administration;
prior notice of assessment-document issued by the competent authority prior to the evaluation of the plan or programme, which sets out the need to carry out strategic environmental assessment for a plan or programme;
notice of environment-technical-legal act issued by the competent authority, which confirms that the report on strategic environmental assessment corresponds to the provisions of this law, and issues relating to environmental protection are integrated into the plan or program submitted for approval and have a negative impact on the environment, including the health of the population;
effects on the environment, including any effect on population health-environmental, including health, flora, fauna, biodiversity, soil, climate, air, water, landscape, natural objects, material goods, as well as the cultural heritage and the interaction among these factors;
strategic environmental assessment-assessment of possible environmental effects, including population health, involving the preparation of a report on strategic environmental assessment, consultations with the public authorities and the public concerned by the effects of the implementation of a plan or programme, and conducting, as appropriate, of certain cross-border consultations, the taking into account of the conclusions of the report on strategic environmental assessment and the results of the consultations in decision-making;
initiator-authority of the Central and local public administration that initiates a plan or a programme and is responsible for drafting it;
the affected part-part or parts to the Protocol on strategic environmental assessment which may be affected/may be affected by the impact of the implementation of a plan or programme on the environment, including health, in a cross-border context;
part of the home-party or parties to the Protocol on strategic environmental assessment to which/whose jurisdiction it is proposed the implementation of a plan or programme;
plans and programmes-plans and programmes, including strategies that contain action plans for their implementation, which are: a) under the provisions of the legislative, regulatory or administrative provisions;
(b)) to be developed by a public authority and approved by the Government or through a legislative procedure by Parliament;
c) are to be developed and approved by an authority of the local public administration level;
Protocol on strategic environmental assessment-the Protocol on strategic environmental assessment to the Convention on environmental impact assessment in transboundary context, done at Kiev (Ukraine) on 21 May 2003;
report on strategic environmental assessment-part of a plan or programme documentation, in which they are identified, described and evaluated the likely significant effects on the environment as a result of its implementation, and reasonable alternatives taking into account the objective and geographical area covered by the plan or programme, in accordance with the annex. 2. In article 3. The scope of the strategic environmental assessment (1) Strategic Environmental Assessment shall be carried out for plans and programmes developed in agriculture, forestry, fisheries, energy, industry, transport, waste management, water resource management, electronic communications, tourism, land use, urban and rural planning (zoning documentation and landscaping, including plans and landscaping programs national, regional, district and urban general plans) and laying down the framework for the granting of authorization for the realization of the projects and activities set out in the appendices. 1 and 2 to the law nr. 86/2014 relating to environmental impact assessment.
(2) the plans and programmes referred to in paragraph 1. (1) of this article, which shall determine the use of small areas at local level and those which provide for minor changes in the plans and programmes referred to in paragraph 1. (1) are subject to strategic environmental assessment only where the competent authority, prior to the assessment, determine, on the basis of the criteria laid down in the annex. 1 to this law, that they can produce significant effects on the environment, including health.
(3) plans and programmes other than those referred to in paragraph 1. (1) of this article, which shall be carried out projects and activities listed in appendices. 1 and 2 of law No. 86/2014 environmental impact assessment and for the necessary authorization, are subject to strategic environmental assessment only where the competent authority, prior to the assessment, determine, on the basis of the criteria laid down in the annex. 1 to this law, that they can produce significant effects on the environment, including health.
(4) the provisions of this law shall not extend to the plans and programmes:

а) whose sole purpose is to ensure the needs of national defense or the liquidation of the consequences of exceptional situations in civil;
b) financial or budget.
(5) where plans and programmes form part of a hierarchy, in order to avoid duplication of environmental assessment strategic, account shall be taken of the fact that the assessment is carried out in accordance with this Act at different hierarchical levels. In order to avoid duplication of provisions apply to art. 8 para. (2) and (3).
Article 4. The authority responsible for conducting strategic environmental assessment (1) Strategic Environmental Assessment shall be carried out in the process of preparation of the plan or programme and ends before it has been approved by the competent authority by the national or local level.
(2) the originator of producing plans and programs on his own initiative or at the request of the Parliament or Government bear responsibility for strategic environmental assessment in accordance with the provisions of this law.
(3) if the plan or programme has been put in charge of several of the central public administration authorities, then the strategic environmental assessment is provided by the authority designated by the Government or one that is mentioned first in the list of authorities designated by the Government as being responsible for drawing up the plan or programme in question.
(4) for the strategic environmental assessment, the originator is entitled to involve, as the developer of the report on strategic environmental assessment, specialized institutions, also on a competitive basis, experts and specialists, including international. In selecting the experts shall take into account their level of education, skills and work experience in the field of environmental assessment, which must be at least 3 years.
(5) the originator shall ensure that the competent authority, and the participation of the authority in the field of healthcare, as well as other authorities concerned according to the character of the plan or programme, at all stages of strategic environmental assessment.
(6) expenses for carrying out strategic environmental assessment supports it the initiator.
Article 5.  Determining the necessity of carrying out the strategic environmental assessment (1) in order to determine the need for carrying out strategic environmental assessment for plans and programmes referred to in article 1. 3 paragraphs 1 and 2. (2) and (3) shall be carried out on the basis of a prior evaluation criteria specified in the annex. 1. (2) for the conduct of the evaluation, the originator of the plan or programme formulation, present to the competent authority the following information: a) information about the initiator:-name and address of the institution;
-name, surname, address and contact details of the representative authorized by the originator;
b) information on the plan or programme:-the name of the plan or programme;
-substantiation of the necessity of preparing a plan or programme;
-main aspects of environmental protection, included in the draft plan or programme;
-the main directions and timing of implementation;
-the existence of a framework for projects and activities listed in appendices. 1 and 2 to the law nr. 86/2014 environmental impact assessment and for which authorization is required;
-the impact of possible significant environmental, including health, as a result of the implementation of the plan or programme;
     -term of elaboration and approval of the method of the plan or programme;
c) information on the affected territory:-establishing the territory affected;
-the main features and problems of the environment of the territory affected.
(3) the competent authority shall consider information submitted within 10 working days, conducted consultations with authority in the field of healthcare, consider public opinion, received pursuant to article 5. 10 para.     (4) and issue the notice of assessment, ranking it official on its website within five working days of the date of issue.
(4) notice of prior assessment shall be forwarded in writing to the originator, which places it on its official website within five working days of the date of receipt.
(5) where a decision is taken to carry out the strategic environmental assessment, the originator shall ensure its implementation according to the stages laid down in accordance with the provisions of this law.


Chapter STRATEGIC ENVIRONMENTAL ASSESSMENT IIETAPELE Article 6. Strategic environmental assessment stages of the strategic environmental assessment Process is carried out according to the following stages: a) the determination of the scope of the report on strategic environmental assessment;
(b) the report on evaluation) strategic environment;
с) consultation report on strategic environmental assessment with public authorities, the public concerned and, if appropriate, transboundary consultations;
d) issuance.
Article 7.  Determination of the scope of strategic assessment report (1) for plans and programmes referred to in article 1. 3 paragraphs 1 and 2. (1) to (3), in respect of which the decision was taken to carry out the strategic environmental assessment the originator sets up proportions and level of detail of the information to be included in the report on strategic environmental assessment in accordance with the requirements set out in the annex. 2, with account of the specifics of the plan or programme.
(2) in determining the scope of the report on the evaluation of the strategic environment, the originator, the consultations carried out with the competent authority and the authority in the field of healthcare. The results of the consultations shall be recorded in a report which will contain the list of mutually agreed information needed for the drawing up of the report on the strategic assessment of the environment and which is an integral part of it.
(3) in the process of drafting the report on strategic environmental assessment, the competent authority shall consult the originator in determining the scope of the report may request additional information from the originator.
(4) the initiator offers the public the opportunity to participate in determining the scope of the report on strategic environmental assessment in accordance with art. 10 para. (4).

(5) the content of the report on the evaluation of the strategic environment, without taking into account the specifics of the plan or programme, which is given in annex 4. 2. (6) the list of mutually agreed that information should be included in the report on the strategic environmental assessment shall be taken into account by the initiator in the establishment of the specifications for the developer.
Article 8.  Elaboration of strategic evaluation report (1) the drafting of the report on strategic environmental assessment is based on mutually agreed information identified in the process of determining the scope of its application. Report on strategic environmental assessment shall identify, describe and evaluate the likely significant effects on the environment, including on the health of the population, they can have the implementation of the plan or programme, and reasonable alternatives taking into account the objectives and the geographical area covered by the plan or programme.
(2) the report on the assessment of the environmental, strategic model in accordance with the provisions of paragraphs 1 and 2. (1) should contain data related to the knowledge and methods of assessment, content and level of detail of the plan or programme, its stage in the process with decision-making. In order to avoid duplication of environmental assessment, a strategic assessment for plans and programmes drawn up at national level should be taken into account in the strategic assessment of environmental plans and programmes drawn up at local level, and vice versa.
(3) For providing the information referred to in the annex. 2 can be used the information available concerning the environmental impacts of plans and programmes, which were obtained at other levels of decision-making or other normative acts.
(4) in drawing up the report on the evaluation of the strategic environment the initiator determines public administration that will conduct consultations and report on the plan or programme which, by virtue of specific responsibilities may be concerned by the environmental impact that will occur as a result of the implementation of the plan or programme in question.
(5) the originator puts the project plan or programme and the report on strategic environmental assessment on its website and inform it of the deadlines for the submission of objections and proposals on the edge of the documents referred to, as well as with regard to consultations, in accordance with the requirements of the law. 239/2008 on transparency of the decision-making process.
Article 9. Consultation report on strategic environmental assessment with public authorities and the issuance of (1) a developer shall submit the draft plan or programme and the report on strategic environmental assessment to be examined by the competent authority: (a)) and the Central Government authority in the field of health care, if the plan or programme shall be approved by the Government and the Parliament;
(b) the competent authority) and territorial subdivision of the central public administration authority in the field of health care, if the plan or programme is approved by the local public administration;
с) other competent authorities concerned pursuant to article 5. 8 para. 4. (2) After receiving the draft plan or programme and the report on strategic environmental assessment, the competent authority shall place it on its website and it sends out public environmental associations, indicating the address to which they can inspect the documents referred to.
(3) the authority in the field of healthcare and other authorities concerned shall submit their proposals and objections to the originator on the draft plan or programme and the report on strategic environmental assessment, at the same time offering a copy of those objections and proposals to the competent authority within a period of 30 working days following the date of receipt of the documents referred to.
(4) conducting consultations with the competent authority shall not constitute an impediment for the submission of objections and proposals from other authorities concerned within the period indicated in paragraph 1. (3) and (5) the competent authority shall carry out an analysis of the quality of the report on the evaluation of the strategic environment, taking into account the following aspects: a) observance of the framework of the report on strategic environmental assessment, referred to in the annex. 2, taking into account the areas for its application;
(b) technical difficulties), procedural and otherwise and explain any uncertainties;
c) presentation of alternatives studied, the reasons which have led to the choice of one of them, of how environmental considerations have been integrated into the draft plan or programme and the process of finalization of the project as a result of information obtained in the course of strategic environmental assessment;
(d) a detailed justification of the reasons) that have led to the Elimination of certain aspects;
e) having considered the aspects pointed out in the consultation process with the other competent authorities concerned and the public;
f) information: maps, schematics, sketches, diagrams;
(g) the existence of a suitable program) to monitor the effects of the plan or programme on the environment.
(6) the competent authority, depending on the quality of the report on strategic environmental assessment, environmental protection requirements contained in the draft plan or programme, the opinion of other competent authorities concerned and the public, take one of the following decisions: а) deliver its opinion on the environment, where the report on strategic environmental assessment corresponds to the requirements of annex 4. 2 environmental aspects are integrated into the plan or programme and have a negative impact on the environment, including the health of the population;
b) repay the initiator report strategic assessment and the draft plan or programme to be completed, indicating the measures to be taken;
с) refuse issuance of environment, presenting the supporting reasons.
(7) the deadline for decision-making and for issuing the opinion under paragraph 2 environment. (6) not more than 45 calendar days from the date of receipt of the draft plan or programme and the report on strategic environmental assessment by the competent authority.

(8) where a report on the strategic assessment of the environment and the draft plan or programme have been refunded pursuant to paragraph towards finalization (6) (a). b), the term repeated examination and issuance of the opinion of the average is 20 working days from the date of receipt of documents completed by the competent authority.
(9) the competent authority shall inform the public authorities and the public of the decision taken and placed notice of the environment on its website.
(10) the competent authority designs, develops and keeps the register of information concerning environmental strategic assessment.
Article 10. Information and public participation in strategic environmental assessment (1), the initiator, in agreement with the competent authority, provide information and public participation in strategic environmental assessment of the plan or programme through the following actions: а) identification of segments of the public who may be affected as a result of implementing the plan or programme or who are interested in decision making, including public associations;
b) deciding public information, such as: public announcements in the media, information posted on the official web pages;
с) determining the modalities of consulting the public: informing public debate in writing, etc.;
d) establishment of a reasonable time to allow the public to participate effectively and in a timely manner at all stages of strategic environmental assessment;
е) information on the possibility of public participation in the transboundary context if the consultations.
(2) expenditure on information and public participation in the process of strategic environmental assessment supports it the initiator.
(3) the responsibility for informing and securing public participation is the responsibility of the initiator and the competent authority.
(4) the originator prior to evaluation stages, and determining the scope of the report on strategic environmental assessment, inform the public, in accordance with the requirements of the law. 239/2008 on transparency in decision-making process, about prior assessment and determining the scope of the report about the drafting of the plan or programme and the information to be included in the report on strategic environmental assessment. The originator shall ensure that the public the opportunity to express their views on the possible impact on the environment of the plan or programme, prior to the assessment, as well as with regard to the information to be included in the report on strategic environmental assessment at the stage of determining the scope of the report. Public objections and transmit its proposals for the initiator and the competent authority no later than 10 calendar days from the date on which it was informed.
(5) the originator and the competent authority places on their official web pages of the draft plan or programme, the report on strategic environmental assessment and the information concerning the time-limits for the submission of objections and proposals on the draft plan or programme and the report on strategic environmental assessment, including the time and place of public debate. Initiator, after examining the objections and proposals submitted by the public, draw up the respective objections to yielding differences table.
(6) the term for submission of objections and proposals from the public, established by the initiator, is at least 15 working days from the date of publication of the information referred to in paragraph 1. 5. (7) access to information specified in paragraph 1. (5) does not preclude the use of other forms of consultation on the draft plan or programme and the report on strategic environmental assessment, as required by law. 239/2008 on transparency of the decision-making process, for example, public hearings at national or local level, depending on the scope of the plan or programme in question.


Chapter IIICONSULTĂRI in a CROSS-BORDER CONTEXT in article 11. Consultations in the cross-border context where the Republic of Moldova is a party of origin (1), If in the process of determining the scope of the report on strategic environmental assessment, it was found that the implementation of the plan or programme in the Republic of Moldova can generate significant effects for the environment of another State, then the competent authority, in consultation with the originator, send a notification through diplomatic channels anexînd project, plan or programme and the report on strategic environmental assessment to the party affected, and other parties to the Protocol on strategic environmental assessment which have requested such documents. The competent authority shall forward the information concerning the time-limits for examination of the documents referred to, methods and during the consultations in a cross-border context and sets a time limit of not more than fifteen (15) calendar days on which the party affected to communicate about non-participation or to the strategic environmental assessment procedure into the transboundary context.
(2) where the affected part, within the prescribed period, and expressed a desire to participate in the strategic environmental assessment procedure, the Parties shall coordinate the term of presentation of the opinion of the party affected about the draft plan or programme and the report on strategic environmental assessment and on-going consultations, the term shall not exceed 45 days.
(3) a developer shall make available to the competent authority of the party of origin information necessary for carrying out the provisions of this article, including, where necessary, a translation of the draft plan or programme and the report on strategic environmental assessment in one of the official languages of the United Nations.
(4) the authority empowered to affected Party shall ensure that the public and other authorities concerned of the affected Party, offers the possibility of expressing opinions on the plan or programme and the report on strategic environmental assessment and presents the general opinion of the party of origin if the agreement does not stipulate otherwise.

(5) the competent authority, the originator and/or developer of strategic assessment report of environment carries out consultations with representatives of the affected authority empowered with respect to potential cross-border impact in the context of the plan or programme and the measures of prevention, mitigation or mitigation of the adverse consequences of the plan or programme.
(6) do not allow the approval of the plan or programme prior to the termination of the consultations in a cross-border context with the affected part.
(7) After approval of the plan or programme, the competent authority of the party of origin, the affected Party shall submit within 15 calendar days, a copy of the plan or programme and the information that it will contain: а) justification of the integration of environmental concerns into the contents of the plan or programme;
(b) the results of the consultations in this context) in a transboundary context;
с) monitoring program.
Article 12. Consultations in the cross-border context where the Republic of Moldova is a party affected (1) where the Republic of Moldova is a party affected and has received from the originating notice, having annexed the draft plan or programme and the report on strategic environmental assessment in the language agreed by the parties, the competent authority shall, within a period not exceeding 15 calendar days , informs his non-participation or from the assessment procedure by the environmental strategic cross-border context.
(2) the competent authority shall ensure that the taking into account of the views of other competent authorities concerned and the public with respect to the plan or programme and the report on strategic environmental assessment, presented by the party of origin.
(3) the competent authority shall, within the prescribed period, which shall not exceed 45 days, the opinion of the environmental party of origin, taking into account the views of other competent authorities concerned and the public, and conduct joint consultations with the competent authorities of the party of origin.
(4) After receipt of the copy of the plan or programme and the information referred to in article 1. 11(2). (7) at the origin, the competent authority shall, within five working days, places them on its website and shall so inform the authorities concerned and the public.
Article 13. General provisions with respect to international agreements If the provisions of the international agreements to which Moldova is a party establish rules other than those laid down in the legislation of the Republic of Moldova with regard to environmental protection, the provisions of international agreements shall apply.


Chapter IVAPROBAREA of the PLAN or programme in article 14. Decision (1) the conclusions of the report on the evaluation of the strategic environment, the opinion of environmental objections and suggestions after consultations with the public and with Central and local public authorities, the results of the consultations in a cross-border context, in accordance with the provisions of article 7. 9-12, are taken into account when deciding on the approval of the plan or programme.
(2) on approval of the plan or programme which has undergone a strategic environmental assessment, the initiator shall submit the documents provided for in the legislation in force, including the opinion of the environment.
(3) After approval of the plan or programme in accordance with the procedure laid down by the legislation in force, the originator puts on its website the official opinion of the environment, as well as: а) the plan or programme in the form of approved;
b) information relating to the way in which have been integrated into the plan or programme on the environment, the impact of the plan or programme on the environment, including the health of the population;
с) information on the public consultation and the Central and local public authorities, the results of the consultations in a cross-border context, in accordance with the provisions of article 7. 9-12.
Article 15. Monitoring (1) the originator, subject to its competence and in accordance with the established schedule, monitor the significant environmental effects, including population health, the implementation of the plan or programme in order to identify unforeseen adverse effects in an early stage and to be able to undertake appropriate remedial action.
(2) the competent authority shall submit the results of the Initiator of the monitoring and publish them on its website.
(3) for the purpose of enforcing the provisions of paragraphs 1 and 2. (1) and exclusion mechanisms may be used in duplication of existing monitoring and monitoring of data from other sources.


Chapter VRĂSPUNDEREA and ENTERED to article 16 DECISIONS. Liability for violation of this Act or Failure of compliance with the provisions of this law shall entail disciplinary, civil, administrative or criminal liability.
Article 17. Appeals against the decision of Any natural or legal person has the right to appeal, in accordance with the legislation in force, any decision issued on the basis of the provisions of this law.


Chapter VIDISPOZIŢII FINAL and TRANSITORY article 18. Compatibility with Community law this law transposes directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment, published in the official journal of the European Communities L 197 of 21 July 2001.
Article 19. Entry into force this law shall enter into force at the expiration of 1 year from the date of its publication in the Official Gazette of the Republic of Moldova.
Article 20. Organisation of enforcement (1) the Government, within a period of 6 months from the date of publication of the present law:-will put its normative acts in compliance with this law;
-will present to the Parliament proposals concerning adjustment of legislation in force in accordance with the provisions of this law.
(2) the Ministry of the environment, within a period of 6 months from the date of publication of the present law, shall develop and approve, in the established manner, with respect to the completion of the strategic environmental assessment.