The legal situation in Republic of Moldova

1. Svetlana Stirbu, Secretary of the National Working Group for the implementation of the UNECE Convention on Transboundary Effects of industrial Accidents in Moldova,State Hydrometeorological ServiceRepublic of Moldova Transboundary accidental water pollution, liability and compensation: challenges and opportunities (Budapest, 21-22 May 2007)

2. The legal situation inRepublic of Moldova On June 23, 1993, the Republic of Moldova ratified the UN/ECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes through the Decision No. 1546-XII issued of the Moldavian Parliament, as well as, on 4 January 1994 Moldova ratified the UN/ECE Convention on the Transboundary Effects of Industrial Accidents. On 21 May 2003 Moldova signed the Protocol on Civil Liability adopted it in Kiev but did not ratify it yet.

3. The legal situation in Republic of Moldova There are more than 26 laws in Moldova, which are reflected in the articles of the: Convention on the Protection and Use of Transboundary Watercourses and International Lakes and the Convention on the Transboundary Effects of Industrial Accidents. The most important are: • The Law on Industrial Safety of Hazardous industrial installations; • The Law on Hazardous Substance; • The Law on Actions in case of emergency situations; • The Instructive Act which defines the responsibilities of the authorities in case of an industrial accident and of environmental pollution, etc.

4. Industrial installations and Accidents There are 296 industrial installations dealing with hazardous substances have been identified by the Department of Emergency Situations according to the Law on Industrial Safety of Hazardous Industrial Installations (Law Nr. 803), which is reviewed annually. About 20 hazardous activities have been mentioned in the national implementation report. However, a closer examination confirmed that only two installations fall under the scope of the Convention. There have not occurred accidents with transboundary effects on the territory of Republic of Moldova.

5. The international cooperation of the Republic of Moldova at regional level The international cooperation of the Republic of Moldova at regional level is based on bilateral agreements in the field of environmental protection, signed by Romania, Ukraine & Belarus. These agreements include the establishment of common working groups in order to coordinate activities in the field of environmental protection, including water conservation – common transboundary reserves and green corridors with Romania & Ukraine.

6. The problem for ratification of the Protocol • The most important problem raised from the fact that Moldova did not ratify yet the Protocol on Civil Liability is absence of the law on insurance of Industrial Installations and transboundary effects from industrial accidents. • The requirements of the Convention - like notifying hazardous activities and industrial accidents to neighboring countries and participation of the public - cannot be properly fulfilled in Transnistria - the part of the country, although important industrial establishments including those with hazardous activities are in operation there.

7. Conclusions and proposals for further actions. • Moldova has no big practice in this sphere, therefore abstains from decision-making of the Protocol ratification, while watching closely the practice of the EU countries and those advanced in this field. • Proposals for further actions: • To hold working meetings and seminars in order to familiarize the administrative bodies with the decision-making process and importance of ratification of this Protocol. • To organize trainings on transboundary level with the wide participation of the public, experts and authorities. • To elaborate the Terms of Reference for Protocol ratification procedures (step by step) for simplification of the procedure.

8. Thank you for attention ! E-mail:stirbus@mail.ru