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Law No. 82 Of 20 November 1993 Establishing Biosphere Reserve "danube Delta"

Original Language Title:  LEGE nr. 82 din 20 noiembrie 1993 privind constituirea Rezervaţiei Biosferei "Delta Dunării"

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LEGE no. 82 82 of 20 November 1993 (* updated *) on the establishment of the Danube Delta Biosphere Reserve ((updated on 22 November 2015 *)
ISSUER PARLIAMENT




---------- The Romanian Parliament adopts this law + Article 1 It is the "Danube Delta" Biosphere Reserve, named in the following reservation, the area of national and international ecological importance, which includes the following physical-geographical units: Danube Delta, Murighiol-Plopu, the Razim-Sinoe lagoon complex, the maritime Danube to the Cat Lot, the Isaccea-Tulcea sector with the floodplain, the Black Sea coast from the Chilia Arm to Cape Midia, the inland sea waters and the territorial sea, to the isobata of 20 m including. Repealed. ---------- Paragraph 2 of art. 1 1 has been repealed by section 6.6. 1 1 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. + Article 2 Repealed. ---------- Article 2 was repealed by point (a). 2 2 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. + Article 2 ^ 1 The protected natural area regime is established on the reservation Government Emergency Ordinance no. 57/2007 on the regime of protected natural areas, the conservation of natural habitats, flora and wildlife, approved with amendments and additions by Law no. 49/2011 , and falls under the following management categories: biosphere reserve, wetland of international importance, natural and universal heritage site and Natura 2000 network site. ---------- Article 2 ^ 1 has been introduced by item 1. 3 3 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. + Article 2 ^ 2 The geographical coordinates of the reserve's extreme limits are as follows: -28 ° 10 ' 50 " East, (Cat's Lot); -29 ° 42 ' 45 " East, (Sulina); -45 ° 27 ' North, (Chilia arm, km 43); -44 ° 20 ' 40 " North, (head of Midia). The map and description of the reserve limits are those set out in Annex no 1 1 to Government Decision no. 230/2003 on the delimitation of the reservations of the biosphere, national parks and natural parks and the constitution of their administrations, as amended, and any modification thereof is made under the conditions laid down by Government Emergency Ordinance no. 57/2007 , approved with amendments and additions by Law no. 49/2011 .. " ---------- Article 2 ^ 2 was introduced by section 2. 3 3 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. + Article 3 To ensure the protection and preservation of areas of natural habitat and specific biological diversity, as well as to capitalize on available natural resources, according to the consumption requirements of local populations and within the limits the natural biological potential for regeneration of these resources, the following areas with differentiated ecological protection regime are delimited: a) strictly protected areas, having the conservation regime of scientific reserves; b) buffer zones, with the role of protection of strictly protected areas and in which limited activities are admitted to capitalize on available resources, in accordance with approved management plans; c) sustainable development areas, economically valuable through traditional practices or new, environmentally-friendly technologies; d) ecological reconstruction areas, in which only measures to restore the damaged environment are carried out, subsequently becoming sustainable development areas or strictly protected areas. Delimitation of functional zoning established according to par. 1 is done by the reservation management plan, under the law. ---------- Article 3 has been amended by section 3. 4 4 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. + Article 4 The reservation management is carried out by the Administration of the Biosphere Reserve "Danube Delta", hereinafter referred to as the Reserve Administration, a public institution with legal personality, financed from the state budget, subordinated central public authority to protect the environment and forests. The Reserve Administration is based in Tulcea. The management of the Reserve Administration is carried out by the governor, with the rank of undersecretary of state, whose duties are established by the regulation of organization and functioning of the Reserve Administration. The governor is appointed and removed from office, under the law, by decision of the Prime Minister, on the proposal of the head of the central public authority for the protection of the environment and forests. The Governor leads the entire activity of the Reserve Administration and has the status of tertiary authorising officer. The governor appoints and releases from office, under the law, the Reserve Administration staff. The Governor, in the exercise of his duties, issues decisions The governor represents the Reserve Administration in relations with third parties, as well as in justice. In addition to the governor operates the Executive College, consisting of heads of compartments within the Reserve Administration. Members of the Executive College are appointed and released from office by decision of the Governor. The executive college is run by the governor The executive college is designed to implement the governor's decisions. ---------- Paragraph 12 of art. 4 4 has been modified by the subsection. 1 1, point 2 2 of art. I of LAW no. 216 216 of 2 July 2013 , published in MONITORUL OFFICIAL no. 402 402 of 4 July 2013, amending art. II of EMERGENCY ORDINANCE no. 127 127 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. ---------- Article 4 has been amended by section 4. 5 5 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. + Article 4 ^ 1 In addition to the Reserve Administration the Management Advisory Board is established, made up of representatives of institutions, economic organizations, non-governmental organizations, local authorities and communities who hold with any title areas, goods or have interests in the perimeter of the reserve and which are involved and interested in the application of protection, conservation and sustainable development measures of the area, with advisory role in the decision-making process that may affect the interests of its representatives as well as in the process of drafting and adopting the reservation management plan. The composition and duties of the Management Advisory Board are approved by order of the head of the central public authority for environmental and forestry protection, on the proposal of the Reserve Administration. The Management Advisory Board shall meet at least once a year at the initiative of the Reserve Administration. Members of the Management Advisory Board shall not be repaid for the work carried out within it. ---------- Article 4 ^ 1 has been introduced by section 4. 6 6 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. + Article 4 ^ 2 The activity of the Reserve Administration is guided and supervised by the Scientific Council of the Reserve. The nominal composition of the Scientific Council is proposed by the Reserve Administration, with the opinion of the Romanian Academy, and is approved by order of the head of the central public authority for environmental protection and forests. The scientific council consists of scientists and specialists with experience in the complex problems of both the Danube Delta-ecology, economy, sociology, culture and the like-as well as wetlands and protected natural areas. The Scientific Council endorses the reservation management plan, assesses how the measures provided for in it are applied and presents, annually or whenever necessary, the central public authority for environmental protection and Climate change reports including findings, proposals and recommendations. ---------- Paragraph 4 of art. 4 ^ 2 has been modified by the subsection. 2 2, point 2 2 of art. I of LAW no. 216 216 of 2 July 2013 , published in MONITORUL OFFICIAL no. 402 402 of 4 July 2013, amending art. II of EMERGENCY ORDINANCE no. 127 127 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. The Scientific Council shall be organized and operated on the basis of its own regulation, approved by the order of the head of the central public authority for the protection of The Governor of the Reserve participates in the meetings of the Management Advisory Board and the Scientific Council meetings. ---------- Article 4 ^ 2 has been introduced by section 4. 6 6 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. + Article 4 ^ 3 The conduct of all activities in the reserve is regulated by the reservation management plan and the reservation regulation. The management of the reserve is aimed at ensuring the favorable conservation status of habitats and species populations on its territory. ---------- Paragraph 1 of art. 4 ^ 3 has been modified by the subsection. 3 3, point 2 2 of art. I of LAW no. 216 216 of 2 July 2013 , published in MONITORUL OFFICIAL no. 402 402 of 4 July 2013, amending art. II of EMERGENCY ORDINANCE no. 127 127 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. The reservation management plan shall be drawn up by the Administration of the Reserve, with the involvement of the Management Advisory Board, with the opinion of the Scientific Council, and approved by Government Decision, at the proposal of the public authority central to environmental and forest protection. The development of the reserve management plan is based on the protection and conservation of natural habitat areas and specific biological diversity, as well as conservation objectives set according to priority species/habitats in the Reservation. Conservation objectives are represented by the favourable reference values for priority species/habitats in the reserve. ---------- Paragraph 3 of art. 4 ^ 3 has been modified by the subsection. 3 3, point 2 2 of art. I of LAW no. 216 216 of 2 July 2013 , published in MONITORUL OFFICIAL no. 402 402 of 4 July 2013, amending art. II of EMERGENCY ORDINANCE no. 127 127 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. The spatial planning, local and national development plans, as well as any other plans for the use of natural resources in the reserve and its vicinity will be harmonized with the provisions of the management plan of the Reservation. The provisions of the reservation management plan are priority over the provisions of other development plans. The reservation regulation is elaborated by the Administration of the Reserve and is approved by Government decision, at the proposal of the central public authority for environmental protection and forests. When drawing up the reservation regulation will be considered aligning with international requirements on the issue of environmental protection and reconstruction, as well as international conventions to which Romania is a part of biodiversity conservation, the protection of the environment, the exploitation of the Danube waterways and the reserve maritime sector. Compliance with the reservation management plan and reservation regulation are mandatory for the Reserve Administration, as well as for individuals and legal entities who own or manage land or other property and/or carry out activities in the reserve perimeter. In view of the presence of human settlements within the perimeter of the reserve, the management plan and reservation regulations are developed and implemented in such a way that the reserve constitutes a model for the development of human communities in harmony with natural environment. ---------- Article 4 ^ 3 has been introduced by section 4. 6 6 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. + Article 4 ^ 4 The regulation of organization and functioning of the Reserve Administration, the organizational structure and the maximum number of posts are approved by Government decision, at the proposal of the central public authority for environmental protection and forests. ---------- Article 4 ^ 4 was introduced by section 4. 6 6 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. + Article 4 ^ 5 In the exercise of their duties, the staff of the Reserve Administration shall wear the uniform of the institution The model and insignia of the uniform are established by Government decision, at the proposal of the central public authority for environmental and forestry protection. ---------- Article 4 ^ 5 has been introduced by section 4. 6 6 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. + Article 5 Repealed. ---------- Article 5 shall be deemed to be repealed as the suspension of amendments and additions made by EMERGENCY ORDINANCE no. 112 112 of 29 June 2000 , published in MONITORUL OFFICIAL no. 305 of 4 July 2000 ceased on the date of publication Legit no. 454 454 of 18 July 2001 , published in MONITORUL OFFICIAL no. 418 418 of 27 July 2001. + Article 6 The Reserve Administration has the following main tasks: ---------- The introductory part of art. 6 6 has been amended by section 4.2 7 7 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. a) administers natural heritage according to the legal provisions on the legal regime of public property, assesses the ecological status of the reserve's natural heritage and initiates scientific research programs in the reserve, based on the management plan, ensures the necessary measures to preserve and protect the genofond and biodiversity; ---------- Lit. a) of art. 6 6 has been amended by section 4.2 8 8 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. a ^ 1) manages the fish resource in the public domain of the state, in accordance with the provisions of the management plan and the reservation regulation; ---------- Lit. a ^ 1) of art. 6 6 was introduced by section 4.2. 9 9 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. b) elaborates and implements the ecological reconstruction programs of the ecosystems in the reserve; ---------- Lit. b) of art. 6 6 has been amended by section 4.2 10 10 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. c) identifies, delimits and proposes to the central public authority for the protection of the environment and forests the modification of the functional areas ---------- Lit. c) of art. 6 6 has been amended by section 4.2 10 10 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. d) establish the level of recovery of natural resources in accordance with their regeneration potential and the support capacity of ecosystems; ---------- Lit. d) of art. 6 6 has been amended by section 4.2 10 10 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. e) performs the function of environmental authority, under the law, on the territory of the reservation; ---------- Lit. e) of art. 6 6 has been amended by section 4.2 2 2 of art. unique from LAW no. 454 454 of 18 July 2001 , published in MONITORUL OFFICIAL no. 418 418 of 27 July 2001, amending section 3 3 of art. I of EMERGENCY ORDINANCE no. 112 112 of 29 June 2000 , published in MONITORUL OFFICIAL no. 305 305 of 4 July 2000. f) exercise control over the fulfilment of requirements for environmental protection measures; ---------- Lit. f) of art. 6 6 has been amended by section 4.2 10 10 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. g) supports and protects the traditional economic activities of the local population; h) performs the role of competent authority for the conduct of the environmental assessment procedure for the plans and programmes on the territory of the reservation; ---------- Lit. h) a art. 6 6 has been amended by section 4.2 10 10 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. i) establish, together with the holders of the rights of administration, the conditions for carrying out the activities of valorization of renewable natural resources; ---------- Lit. i) of art. 6 6 has been amended by section 4.2 10 10 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. j) promote international scientific research and cooperation activities; k) organize information and environmental education actions; k ^ 1) verify the fulfilment of conservation measures to ensure favourable conservation status, in accordance with the legislation in force; ---------- Lit. k ^ 1) of art. 6 6 was introduced by section 4.2. 11 11 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. l) work with the National Administration "Romanian Waters" in order to manage the waters and carry out the necessary hydrotechnical works to implement the requirements of the European directives; ---------- Lit. l) of art. 6 6 has been amended by section 4.2 12 12 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. m) cooperate with the inter-ministerial committees and the county emergency committees; ---------- Lit. m) of art. 6 6 has been amended by section 4.2 12 12 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. m ^ 1) collaborates with the competent authorities in the field for preserving the landscape balance by preserving and promoting traditional elements of architecture, building materials and exterior finishes; ---------- Lit. m ^ 1) of art. 6 6 was introduced by section 4.2. 13 13 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. n) collaborate with local public administration authorities to protect the interests of locals, as well as to increase the quality of life and their civilization standard; ---------- Lit. n) of art. 6 6 shall remain amended by section 3 3 of art. I of EMERGENCY ORDINANCE no. 112 112 of 29 June 2000 , published in MONITORUL OFFICIAL no. 305 305 of 4 July 2000, whereas the suspension of amendments and additions ordered by EMERGENCY ORDINANCE no. 112 112 of 29 June 2000 , published in MONITORUL OFFICIAL no. 305 of 4 July 2000 ceased on the date of publication Legit no. 454 454 of 18 July 2001 , published in MONITORUL OFFICIAL no. 418 418 of 27 July 2001. o) establishes the rules of access and traffic within the perimeter of the reservation, both for the means of naval transport, on canals and lakes, with the exception of the Danube arms, and for the means of road transport, which are approved by decision of Government. The motorized ships and boats will be compulsorily provided with monitoring systems established by the Reserve Administration. The movement of ships and boats, as well as motor vehicles is prohibited in strictly protected areas, according to art. 3 3 para. 1, or outside the routes established by the Reserve Administration, except for those used in control or scientific activities; ---------- Lit. o) of art. 6 6 has been modified by the subsection. 4 4, point 2 2 of art. I of LAW no. 216 216 of 2 July 2013 , published in MONITORUL OFFICIAL no. 402 402 of 4 July 2013, amending art. II of EMERGENCY ORDINANCE no. 127 127 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. p) repealed. ---------- Lit. p) of art. 6 6 has been repealed by section 6.6. 3 3 of art. unique from LAW no. 454 454 of 18 July 2001 , published in MONITORUL OFFICIAL no. 418 418 of 27 July 2001, amending section 3 3 of art. I of EMERGENCY ORDINANCE no. 112 112 of 29 June 2000 , published in MONITORUL OFFICIAL no. 305 305 of 4 July 2000. q) organize volunteer actions on the territory of the reservation; ---------- Lit. q) of art. 6 6 was introduced by section 4.2. 15 15 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. r) develops and implements cooperation programmes and projects in a cross-border, regional and international context; ---------- Lit. r) of art. 6 6 was introduced by section 4.2. 15 15 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. s) issue views on regulatory proposals or normative acts related to the field of activity of the Reserve Administration; ---------- Lit. s) of art. 6 6 was introduced by section 4.2. 15 15 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. s) proposes to the central public authority for environmental and forestry protection the financing of studies for the scientific foundation of management. ---------- Letter s) of art. 6 6 was introduced by section 4.2. 15 15 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. + Article 7 Financing of the expenses of the Reserve Administration is ensured from allowances from the state budget, through the central public authority for environmental protection and climate change, and from its own income. ---------- Paragraph 1 of art. 7 7 has been modified by the subsection. 5 5, point 2 2 of art. I of LAW no. 216 216 of 2 July 2013 , published in MONITORUL OFFICIAL no. 402 402 of 4 July 2013, amending art. II of EMERGENCY ORDINANCE no. 127 127 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. It is approved to establish in addition to the Administration of the Reserve a fully funded activity of its own income, used to protect the assets of the natural heritage of the reserve and to manage the assets (Alin. 1 1 ^ 1) ---------- Paragraph 1 ^ 1 of art. 7 7 was introduced by the subsection. 6 6, point 2 2 of art. I of LAW no. 216 216 of 2 July 2013 , published in MONITORUL OFFICIAL no. 402 402 of 4 July 2013, amending art. II of EMERGENCY ORDINANCE no. 127 127 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. The activity provided in par. 1 ^ 1 falls within the budgetary chapter to which the public institution that organizes it is framed. (Alin. 1 1 ^ 2) ---------- Paragraph 1 ^ 2 of art. 7 7 was introduced by the subsection. 6 6, point 2 2 of art. I of LAW no. 216 216 of 2 July 2013 , published in MONITORUL OFFICIAL no. 402 402 of 4 July 2013, amending art. II of EMERGENCY ORDINANCE no. 127 127 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. Own income from which the activity referred to in par. 1 ^ 1 come from the tariffs established according to the provisions of 5. (Alin. 1 1 ^ 3) ---------- Paragraph 1 ^ 3 of art. 7 7 was introduced by the subsection. 6 6, point 2 2 of art. I of LAW no. 216 216 of 2 July 2013 , published in MONITORUL OFFICIAL no. 402 402 of 4 July 2013, amending art. II of EMERGENCY ORDINANCE no. 127 127 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. The revenue and expenditure budget for the activity referred to in par. 1 ^ 1 is approved with the budget of the Reserve Administration, according to the law. (Alin. 1 1 ^ 4) ---------- Paragraph 1 ^ 4 of art. 7 7 was introduced by the subsection. 6 6, point 2 2 of art. I of LAW no. 216 216 of 2 July 2013 , published in MONITORUL OFFICIAL no. 402 402 of 4 July 2013, amending art. II of EMERGENCY ORDINANCE no. 127 127 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. The Administration of the Reservation, within the limits of the approved budget for each financial year, may purchase, arrange or build the spaces and utilities necessary to carry out the activity and duties, in compliance with the Local councils and county councils support the Reserve Administration for ensuring, under the law, land, spaces and utilities necessary to carry out the activity in optimal conditions. The Administration of the Reserve can benefit from grants, payments, donations and financial assistance from internal and international organizations and bodies. In order to complete the financial resources necessary for the good administration of the reservation, according to the management plan, the Reserve Administration can establish a system of tariffs, by order of the head of the central public authority for environmental protection and climate change, with the opinion of the Ministry of Public Finance, an order approving both the nomenclature and the way of determining the amount of these tariffs. ---------- Paragraph 5 of art. 7 7 has been modified by the subsection. 7 7, point 2 2 of art. I of LAW no. 216 216 of 2 July 2013 , published in MONITORUL OFFICIAL no. 402 402 of 4 July 2013, amending art. II of EMERGENCY ORDINANCE no. 127 127 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. The tariffs are paid by the natural and legal persons who benefit from the specific services carried out within the perimeter of the reservation, in accordance with the organization regulation of the Reserve Administration. Repealed. (Alin. 7 7) ---------- Paragraph 7 of art. 7 was repealed by the subsection. 8 8, point 2 2 of art. I of LAW no. 216 216 of 2 July 2013 , published in MONITORUL OFFICIAL no. 402 402 of 4 July 2013, amending art. II of EMERGENCY ORDINANCE no. 127 127 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. ---------- Article 7 has been amended by section 7. 16 16 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. + Article 8 The right of the local population in the territory of the "Danube Delta" Biosphere Reserve to preserve local specific customs and traditional economic activities is guaranteed. The Reserve Administration makes proposals to the central public authority for environmental and forestry protection for compensation, according to the law, in case of restriction or termination of traditional economic activities imposed by measures restrictive management. ---------- Paragraph 2 of art. 8 8 has been amended by section 17 17 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. + Article 9 Within 30 days from the entry into force of this law, the Government will approve the delimitation of functional areas established according to art. 3. + Article 10 Land and water surfaces, including land permanently under water, existing in the perimeter of the reserve, delimited according to the provisions of art. 2 ^ 2 para. 1, together with the natural resources they generate, constitute natural heritage, public domain of national interest and are in the administration of the Reserve Administration. They are exempted from the provisions of par. 1 1: a) lands within the perimeter of the reservation which, according to the law, are private property of natural and legal persons; b) lands within the perimeter of the reservation which, according to the law, are public or private property of administrative-territorial units; c) land within the perimeter of the reservation occupied by agricultural and fishery facilities provided for in Annex no. 2, which constitutes a public domain of county interest and are in the administration of Tulcea County Council; d) public property land of the state under the administration of other central or local public authorities or institutions, together with the natural resources they generate; e) natural resources under the administration of other central public authorities, according to the law. Natural or legal persons who carry out activities within the perimeter of the reservation are obliged to use only accepted ecological means, both traditional and new, under the regulatory and authorization conditions established by the Administration The reservation, and with regard to the practice of organic farming, under the conditions laid down by the central public authority for agriculture and rural development and the central public authority for the protection of the environment and forests. Land in the public domain of county and/or local interest used as agricultural or fish facilities and which, due to degradation or other causes, can no longer be exploited for the purpose for which they were originally arranged will be subject to work of ecological reconstruction approved by the reservation management plan. On the entire territory of the reservation, the change in the use of agricultural land used as productive agricultural land or fish facilities is done with the consent of the administrator, only on the basis of specialized technical studies. (Alin. 4 4 ^ 1) ---------- Paragraph 4 ^ 1 of art. 10 10 has been amended by section 1 1 of art. I of LAW no. 283 283 of 18 November 2015 , published in MONITORUL OFFICIAL no. 863 863 of 19 November 2015. The ecological reconstruction works on the territory of the reservation, approved by the Reserve Administration, with the opinion of the Scientific Council and the central public authority for the protection of the environment and forests, declare themselves of national interest. For the works provided in par. 4, land on the territory of the reserve, private property of natural persons or legal entities, as well as those owned by private property of administrative-territorial units, used as agricultural or fish facilities or with other destinations, declare themselves of public utility, at the proposal of the central public authority for the protection of the environment and forests, and expropriate under the Law no. 33/1994 on expropriation for the cause of public utility, republished. For the works provided in par. (4), land on the territory of the reserve belonging to the public domain of county and/or local interest, used as agricultural or fish facilities or with other destinations, may be passed in the public domain of the state under the conditions provided by art. 9 9 para. ((2) of Law no. 213/1998 on public property and its legal regime, with subsequent amendments and completions, on the proposal of the central public authority for the protection of the environment and forests. The status of "ecological reconstruction zone" shall be maintained throughout the period established by the approved ecological reconstruction programme. After the completion of the ecological reconstruction programs, the areas will be taken over by their administrators and will be used according to the provisions of these The exploitation of renewable, terrestrial and aquatic natural resources, from the economically valuable areas of the public domain of national interest will be carried out by direct entrustment to authorized individuals or associations to them whose stable domicile or headquarters is located on the territory of the reserve or in the surrounding localities, under the conditions established by the Reserve Administration. ---------- Paragraph 10 of art. 10 10 has been modified by the subsection. 9 9, point 2 2 of art. I of LAW no. 216 216 of 2 July 2013 , published in MONITORUL OFFICIAL no. 402 402 of 4 July 2013, amending art. II of EMERGENCY ORDINANCE no. 127 127 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. The local population, made up of authorized individuals or their associations whose domicile or headquarters is located on the territory of the reservation, has the right of exclusivity to the valorization of renewable natural resources through activities traditional economic-grazing, the cultivation of land temporarily out of the water, the bee, the harvesting of the flora and the terrestrial and aquatic natural fauna-unless their valorisation was leased, on the basis of the permit practicing the respective activities, issued by the Reserve Administration. The land in the reserve perimeter, public domain of national interest, under the administration of the Reserve Administration, on which are located assets owned by individuals and legal entities can be rented by the Reserve Administration, by public auction, under the law. The natural and legal persons holding the assets have the right of pre-emption to their rental. Harnessing natural resources from the public domain of national interest through traditional economic activities-grazing, cultivating land temporarily out from under the waters, albining, harvesting flora and terrestrial and aquatic natural fauna-, the practice of tourism and leisure services, recreational-sport fishing, carrying out transport services on the waterways, with the exception of the Danube and its arms, carried out on the territory of the reservation, as well as the carrying out of works for the maintenance of existing embankments and canals shall be carried out regulating the respective activities, issued by the Reserve Administration, established by the regulation of the reservation. On the territory of the reservation, the use of chemical fertilizers and plant protection products in agriculture, forestry and fish farming activities is prohibited. The access of individuals to the perimeter of the reservation for tourist and recreational-sports purposes, except for locals, is made after the payment of the established tariffs, based on the permit issued by the Reserve Administration. The tariff for issuing the permit on access to the reservation will also include the contribution of visitors to the expenses that the Reserve Administration makes for the sanitation activity of the public domain of national interest. The procedure for issuing permits regarding access to the reservation and activities carried out on the territory of the reservation is established by the regulation of the reservation. ---------- Article 10 has been amended by section 10. 18 18 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. + Article 11 The conduct of economic-productive, tourism and recreational activities by natural and legal persons on the territory of the reservation is authorized by the competent local public authorities according to the law and by the central public authority for regional development and tourism, based on the environmental authorization issued by the Reserve Administration. The fees collected from the authorizations by the local government authorities shall be made available to the local public administration authorities issuing the authorizations provided in par. 1. The tariffs collected for the regulatory acts, other than those issued by the Reserve Administration as environmental authority, shall be made available to the Administration of the Reserve Administration for the promotion of projects, programs and Biodiversity conservation actions. ---------- Article 11 has been amended by section 1. 19 19 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. + Article 11 ^ 1 The violation of the provisions of this law attracts liability, as appropriate, disciplinary, contravention, civil or criminal, according to the legal provisions. ---------- Article 11 ^ 1 was introduced by item 1. 20 20 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. + Article 11 ^ 2 Crimes committed on the territory of the reservation, provided for in Hunting and Protection of the Hunting Fund no. 407/2006 , with subsequent amendments and completions, and in Government Emergency Ordinance no. 23/2008 on fisheries and aquaculture, approved with amendments and additions by Law no. 317/2009 , with subsequent amendments and completions, can also be found by the authorized staff of the Reserve Administration. ---------- Article 11 ^ 2 was introduced by the section 20 20 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. + Article 12 It constitutes contraventions the following facts, if not committed under such conditions that, according to the criminal law, to constitute crimes: 1. the execution of the works of arrangement and construction, of whatever nature they may be, without the regulatory acts issued by the Reserve Administration or in violation of the conditions provided therein; 2. damage to natural or landscaped banks, land and vegetation by moving some machinery or by carrying out works; 2 2 ^ 1. changing the use of land from agricultural or fisheries facilities, except those provided for in art. 10 10 para. 4 4 ^ 1; ---------- Item 2 ^ 1 of art. 12 12 has been amended by section 2 2 of art. I of LAW no. 283 283 of 18 November 2015 , published in MONITORUL OFFICIAL no. 863 863 of 19 November 2015. 2 2 ^ 2. non-compliance by the owners, tenants or concession of land occupied by agricultural or fishery facilities, the use of which has been changed, without being based on specialized technical studies, showing the need for change the use of agricultural or fisheries facilities; ---------- Item 2 ^ 2 of art. 12 12 has been amended by section 2 2 of art. I of LAW no. 283 283 of 18 November 2015 , published in MONITORUL OFFICIAL no. 863 863 of 19 November 2015. 3. the entry of persons and the penetration of the means of transport or road transport in the nesting sites, the destruction of nests or nesting sites, as well as the harvesting or destruction of wild birds eggs; 4. entry of persons and penetration of unauthorized means of transport or road transport in strictly protected areas; 5. access and circulation by naval or road means on the territory of the reservation without the regulatory acts issued by the Reserve Administration or in violation of their provisions, except for light boats belonging to the local population and their first-degree relatives and used for personal purposes; 6. non-compliance with navigation and traffic rules on the territory of the ---------- Item 6 of art. 12 12 has been modified by the subsection. 10 10, point 2 2 of art. I of LAW no. 216 216 of 2 July 2013 , published in MONITORUL OFFICIAL no. 402 402 of 4 July 2013, amending art. II of EMERGENCY ORDINANCE no. 127 127 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. 7. the overflight of the reservation territory without the regulatory acts issued by the Reserve Administration or in violation of their provisions; 8. disembarkation of passengers or tourists to natural shore, except in cases of force majeure, which will be announced to the Reserve Administration; 9. camping outside the approved areas or otherwise of conditions than authorized ones, as well as non-compliance with the rules established for the use of camping areas; 10. photographing or filming for commercial purposes, without the regulatory acts issued by the Reserve Administration or in violation of their provisions; 11. the production, by any means, of intense noises in the perimeters of the nesting or shelter areas of birds or other wild animals, duly signposted; 12. organization of fireworks without the regulatory acts issued by the Reserve Administration or in violation of their provisions; 13. grazing on land that constitutes the public domain, without the regulatory acts issued by the Reserve Administration or in violation thereof. Regulatory acts may be granted for a period of one year or more years; 14. grazing in strictly protected areas and in ecological reconstruction areas; 15. harvesting or burning of reed, papure, hay, grassy vegetation and other plant debris from areas belonging to the natural heritage of the reserve, without the regulatory acts issued by the Reserve Administration or in violation of their conditions, with the exception of reed, papure and hay harvesting for the needs of the local population; 16. exploitation of wood vegetation in areas belonging to the natural heritage of the reserve without the regulatory acts issued by the Reserve Administration or in violation of their provisions; 17. harvesting, for the purposes of marketing, berries, mushrooms, medicinal plants and aquatic organisms, other than fish, of areas belonging to the nature of the reserve, without the regulatory acts issued by Administration of the Reserve or in violation of their provisions; 18. cutting or damage to trees declared monuments of nature or from strictly protected areas; 19. harvesting of species of protected plants and animals or declared monuments of nature; 20. accompanying herds and herds, on the territory of the reserve, by dogs without jujeu, unvaccinated, unhelmintized and in greater numbers by one for each herd or herd; 21. abandonment, leaving at large, unattended pets on the territory of the reserve; 22. commercial fishing in the areas that constitute the natural heritage of the reserve, without the regulatory acts issued by the Reserve Administration or in violation of their provisions; 23. trawling commercial fishing within the coastal maritime zone, delimited by 20 m isobata; 24. commercial fishing during periods of prohibition; 25. sport/recreational fishing without regulatory acts issued by the Reserve Administration or in violation of their provisions; 26. sport/recreational fishing in prohibited areas or during prohibition periods; 27. Family fishing without the regulatory acts issued by the Reserve Administration or in violation of their provisions; 28. the immediate non-announcement of accidental pollution, fires and other events affecting the environment, by those who have caused them, the competent authorities, as well as the failure to take possible measures to limit their consequences; ---------- Item 28 of art. 12 12 has been modified by the subsection. 10 10, point 2 2 of art. I of LAW no. 216 216 of 2 July 2013 , published in MONITORUL OFFICIAL no. 402 402 of 4 July 2013, amending art. II of EMERGENCY ORDINANCE no. 127 127 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. 29. organization and conduct of economic, tourism and leisure activities in areas belonging to the natural heritage of the reserve, without the regulatory acts issued by the Reserve Administration or in violation of their provisions; 30. disposal of waste water or petroleum substances on land or in surface or underground waters located on the territory of the reserve; 31. throwing in water, spreading on the ground or storing in unauthorized places of waste; 32. abandonment of machinery or assemblies in unauthorized places, regardless of the owner of the land; 33. pollution of waters and land on the territory of the reserve by discharging waste water or spreading waste resulting from economic activities; 34. use on the territory of the reservation, in the activities of agriculture, forestry and fish farming, of some chemicals and machinery for their administration, without the regulatory acts issued by the Reserve Administration or in violation their provisions; 35. refusal of persons to legitimize themselves, at the express request of the staff of the Reserve Administration, and to present the requested documents; 36. the use of motorised boats which are not provided with monitoring systems; ---------- Item 36 of art. 12 12 has been modified by the subsection. 10 10, point 2 2 of art. I of LAW no. 216 216 of 2 July 2013 , published in MONITORUL OFFICIAL no. 402 402 of 4 July 2013, amending art. II of EMERGENCY ORDINANCE no. 127 127 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. 37. introduction of species of alohtone plants and animals without authorisation; 38. the movement of ships, motor boats and motor vehicles in strictly protected areas; ---------- Item 38 of art. 12 12 has been modified by the subsection. 10 10, point 2 2 of art. I of LAW no. 216 216 of 2 July 2013 , published in MONITORUL OFFICIAL no. 402 402 of 4 July 2013, amending art. II of EMERGENCY ORDINANCE no. 127 127 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. 39. Abrogat. ---------- Item 39 of art. 12 was repealed by the subsection. 11 11, point 2 2 of art. I of LAW no. 216 216 of 2 July 2013 , published in MONITORUL OFFICIAL no. 402 402 of 4 July 2013, amending art. II of EMERGENCY ORDINANCE no. 127 127 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. 40. practicing water sports on the canals and lakes within the reserve perimeter; 41. failure to ensure the sanitation of sports fishing places or camping sites; 42. access of natural and legal persons on the territory of the reservation without regulatory acts issued by the Reserve Administration or non-compliance with their provisions; 43. fishing with prohibited tools according to the legislation in force; 44. possession, use and marketing of monofilament nets within the perimeter of the Biosphere Reserve "Danube Delta", as well as in any other area with natural reserve status, recognized by law. ---------- Item 44 of art. 12 12 was introduced by art. I of LAW no. 127 127 of 26 April 2013 , published in MONITORUL OFFICIAL no. 246 246 of 29 April 2013, which supplements EMERGENCY ORDINANCE no. 121 121 of 22 December 2011 , published in MONITORUL OFFICIAL no. 931 of 29 December 2011, with art. VII ^ 3. + Article 13 The contraventions provided in art. 12 12 shall be sanctioned as follows: a) those of section 3, 4, 41 and 42, with a fine from 35 lei to 100 lei for individuals and from 50 lei to 150 lei for legal entities; b) those of point 8-10, 25-27 and 40, with a fine of 70 lei to 200 lei for individuals and from 100 lei to 250 lei for legal entities; c) those of section 11-13, 15-17 and 35, with a fine of 130 lei to 400 lei for individuals and from 170 lei to 500 lei for legal entities; d) those of section 5-7, 18, 19 and 36, with a fine of 250 lei to 700 lei for individuals and from 320 lei to 1,000 lei for legal entities; e) those of section 14, 20, 21 and 37, with a fine from 420 lei to 1,260 lei for individuals and from 700 lei to 1,800 lei for legal entities; f) those of section 22, 23, 43 and 44, with a fine of 700 lei to 2,000 lei for individuals and from 1,500 lei to 4,000 lei for legal entities; ---------- Lit. f) of art. 13 13 has been amended by art. I of LAW no. 127 127 of 26 April 2013 , published in MONITORUL OFFICIAL no. 246 246 of 29 April 2013, which supplements EMERGENCY ORDINANCE no. 121 121 of 22 December 2011 , published in MONITORUL OFFICIAL no. 931 of 29 December 2011, with art. VII ^ 3. g) those of section 24 and 28, with a fine of 1,000 lei to 3,000 lei for individuals and from 2,500 lei to 7,500 lei for legal entities; h) those of section 1, 2, 29-34 and 38, with a fine of 2,000 lei to 6,000 lei for individuals and from 4,200 lei to 12,500 lei for legal entities; i) those of section 1 2 ^ 1 and 2 ^ 2, with a fine of 2,000 lei to 6,000 lei for individuals and from 4,200 lei to 12,500 lei for legal entities. ---------- Lit. i) of art. 13 13 was introduced by section 4.2. 3 3 of art. I of LAW no. 122 122 of 18 July 2014 , published in MONITORUL OFFICIAL no. 541 541 of 22 July 2014. Fishing gear, vessels, boats and means of transport, as well as other goods used in the commission of the contraventions provided for in art. 12 is subject to confiscation. Goods resulting from the commission of contraventions provided in art. 12 are subject to confiscation. The amount of fines is regularly updated by Government decision. ---------- Article 13 has been amended by section 1. 22 22 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. + Article 13 ^ 1 Repealed. ---------- Article 13 ^ 1 was repealed by art. XII of EMERGENCY ORDINANCE no. 26 26 of 6 June 2012 , published in MONITORUL OFFICIAL no. 392 392 of 12 June 2012. + Article 14 Finding and sanctioning the contraventions provided in art. 12 is carried out by the authorized personnel of the Reserve Administration, the National Environmental Guard and by the police officers and agents of the Romanian Police and the Border Police. ---------- Article 14 has been amended by section 4.2. 24 24 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. + Article 15 The provisions of this Law on contraventions shall be supplemented by provisions Government Ordinance no. 2/2001 , approved with amendments and additions by Law no. 180/2002 , with subsequent amendments and completions. ---------- Article 15 has been amended by section 6.6. 25 25 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. + Article 15 ^ 1 On the territory of the reserve fishing for sturgeon for a purpose other than scientific or for the production of biological material for restocking and aquaculture is prohibited. ---------- Article 15 ^ 1 has been amended by the subsection. 12 12, point 2 2 of art. I of LAW no. 216 216 of 2 July 2013 , published in MONITORUL OFFICIAL no. 402 402 of 4 July 2013, amending art. II of EMERGENCY ORDINANCE no. 127 127 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. + Article 15 ^ 2 Violation of the prohibition provided for in 15 ^ 1 constitutes a crime and is sanctioned with a fine and a prohibition of the right to fish for a period of between one year and 3 years. ---------- Article 15 ^ 2 has been amended by art. 46, Title II of LAW no. 187 187 of 24 October 2012 , published in MONITORUL OFFICIAL no. 757 757 of 12 November 2012. + Article 15 ^ 3 Finding of the crime provided in art. 15 ^ 2 is carried out by the prosecution bodies, as well as by the persons with the right of inspection and control of the National Agency for Fisheries and Aquaculture, the National Environmental Guard and the Reserve Administration. ---------- Article 15 ^ 3 was introduced by the section 26 26 of art. I of LAW no. 136 136 of 5 July 2011 , published in MONITORUL OFFICIAL no. 533 533 of 28 July 2011. + Article 15 ^ 4 The conduct of hunting activities on the territory of the reserve is prohibited and constitutes a crime of poaching, sanctioned according to the law. By exception to the provisions of par. 1, in the Reserve Administration the harvesting of specimens of wild fauna species is based on an impact study, in the interest of protecting wildlife, natural habitat conservation, to prevent some damage. important, in the interest of public health and security, and in the case of species that through uncontrolled multiplication can cause important damage, with the approval of the Ministry of Environment and Climate Change, on the proposal of the Reserve Administration. ---------- Article 15 ^ 4 was introduced by the sub-item. 13 13, point 2 2 of art. I of LAW no. 216 216 of 2 July 2013 , published in MONITORUL OFFICIAL no. 402 402 of 4 July 2013, amending art. II of EMERGENCY ORDINANCE no. 127 127 of 28 December 2010 , published in MONITORUL OFFICIAL no. 898 898 of 31 December 2010. + Article 16 This law shall enter into force within 30 days from the date of its publication in the Official Gazette of Romania. + Article 17 Any provisions contrary to this law shall be repealed. This law was passed by the Senate at the meeting of 8 November 1993, in compliance with the provisions of art. 74 74 para. (1) of the Romanian Constitution.
SENATE PRESIDENT
prof. univ. dr. OLIVIU GHERMAN This law was adopted by the Chamber of Deputies at the meeting of November 8, 1993, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution.
CHAMBER OF DEPUTIES PRESIDENT
ADRIAN NASTASE + Annex 1 image + Annex 2 SITUATION land occupied by agricultural and fisheries facilities, which constitute public domain of county interest found in the management of Tulcea County ------------------------------------------------------------------------------- Surface area No. Surface area crt. Name of design according to the public domain Law no. public interest 69/1996 local interest county ((ha) (ha) administration Council County Tulcea ((ha) -------------------------------------------------------------------------------- 0 0 1 2 3 4 -------------------------------------------------------------------------------- AGRICULTURAL FACILITIES -------------------------------------------------------------------------------- 1. Siress 5.480 910 4.570 2. Pardina 27.032 502 26.530 3 3. Tataru 2.061 222 1,839 4. Carasuhat 2,863 1.209 1.654 5 5. Dunavat-Murighiol 2.538 201 2.337 -------------------------------------------------------------------------------- TOTAL DESIGN AREA AGRICULTURAL 39.947 3.044 36.930 -------------------------------------------------------------------------------- FISHING FACILITIES -------------------------------------------------------------------------------- 1. Babadag 1.800-1.800 2. Carasuhat 220-220 3. Ceamurlia I 2,900 2,900- 4. Ceamurlia II (Sarica) 600 600- 5. Chilia I 2.230-2.230 6 6. Chilia II (Hreblea) 720-720 7. Dranov-ghiol 2.270-2.270 8. Dunavat I 1.505-1.505 9 9. Dunavat II 1.575-1.575 10. Enisala 420-420 11. The Dutchman's Garden 265-265 12. Iases 1.651-1.651 13. Independence (Murighiol) 2.260 334 1.926 14. Litcov 700-700 15. Lunca 1.070-1.070 16 16. Maliuc 452 137 315 17. 6 March 1.050-1.050 18 18. Obretin I 2,683 375 2,308 19 19. Obretin II 617 617- 20. Perisor 1.350-1.350 21. Periteasca 1.709-1.709 22. Popina 6,400 224 6,176 23. Rusca 2,615-2,615 24. Sarinasuf 590-590 25. Stipoc 1.344-1.344 26 26. Tauc 331 18 313 27. Topraichioi 240-240 -------------------------------------------------------------------------------- TOTAL DESIGN AREA FISHERIES 39.567 5.205 34.362 -------------------------------------------------------------------------------- TOTAL DESIGN AREA 79.541 8.249 71.292 -------------------------------------------------------------------------------- ---------- Annex 2 was amended by section 4.2. 10 10 of art. unique from LAW no. 454 454 of 18 July 2001 , published in MONITORUL OFFICIAL no. 418 418 of 27 July 2001, which approves amendments EMERGENCY ORDINANCE no. 112 112 of 29 June 2000 , published in MONITORUL OFFICIAL no. 305 305 of 4 July 2000. ------------