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Law No. 345 Of 19 July 2006

Original Language Title:  LEGE nr. 345 din 19 iulie 2006

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LEGE no. 345 345 of 19 July 2006 to amend and supplement Government Emergency Ordinance no. 236/2000 on the regime of protected natural areas, the conservation of natural habitats, flora and wildlife
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 650 650 of 27 July 2006



The Romanian Parliament adopts this law + Article I Government Emergency Ordinance no. 236/2000 on the regime of protected natural areas, the conservation of natural habitats, flora and wildlife, published in the Official Gazette of Romania, Part I, no. 625 of 4 December 2000, approved with amendments and additions by Law no. 462/2001 , as amended, amend and supplement as follows: 1. In Article 4, after letter c) two new letters are inserted, letters c ^ 1) and c ^ 2), with the following contents: " c ^ 1) landscape-land area that can be clearly delimited, with specific structure and characteristics, with specific natural values and structures, including elements of human culture, where natural elements and those created by human activity mutually influence; c ^ 2) landscape ensemble-ensemble of landscapes; ". 2. In Article 4, after letter d) a new letter, letter d ^ 1) is inserted, with the following contents: "d ^ 1) protected natural area of national interest-protected natural area, constituted in order to protect natural and seminatural habitats of national interest and indigenous species of flora and fauna;". 3. In Article 4, letters l) and q) shall read as follows: " l) national network of protected natural areas-all protected natural areas; ............................................................................ q) natural habitat-terrestrial, aquatic or underground area, in natural state, which is differentiated by geographical, abiotic and biotic characteristics; ". 4. In Article 4, after letter q) a new letter, letter q ^ 1) is inserted, with the following contents: "q ^ 1) seminatural habitat-terrestrial, aquatic or underground area whose natural characteristics have been partially altered by human activity;". 5. In Article 4, after letter v), four new letters are inserted, letters v ^ 1)-v ^ 4), with the following contents: " v ^ 1) native species or species-species of wild plants and animals that are naturally found in Romania and not as a result of accidental or forced introduction by humans over the centuries; v ^ 2) protected species-endangered species, vulnerable, rare or endemic; v ^ 3) alohtone species-species introduced/spread, accidentally or intentionally, from another geographical region, as a direct or indirect result of human activity, naturally missing from a certain region, with a historical evolution known in a area of natural spread, other than the area of interest, which can be in competition, can dominate, have a negative impact on native species, and can even replace them; v ^ 4) invasive species-indigenous or alohtone species, which were accidentally introduced or intended in an area and/or reproduced with such success and so aggressively that they influence negatives/domine/replace some of the indigenous species, determining the modification of the quantitative and/or qualitative structure of natural biocenosis, characteristic of a certain type of biotope; ". 6. In Article 4, after letter x), four new letters are inserted, letters x ^ 1)-x ^ 4), with the following contents: " x ^ 1) indoor areas of protected natural areas-defined areas and delimited by management plans, in which special management measures are established or permitted activities are established; x ^ 2) the vicinity of the protected natural area-the area outside the limit of a protected natural area, from which an impact can be generated on the natural area protected by a project or an activity, depending on the nature, size and/or location x ^ 3) local communities-human communities located inside or in the vicinity of the protected natural area, which own properties or carry out traditional activities on its territory in the vicinity of the protected natural area; x ^ 4) traditional activities-activities of sustainable use of natural resources carried out by local communities in order to ensure subsistence. " 7. Article 15 shall read as follows: "" Art. 15. -In order to improve the ecological coherence of the network of protected natural areas of national and Community interest, the appropriate management of areas of major importance for wildlife and wildlife will be encouraged. These areas are those that, due to the linear and continuous structure, such as rivers with their banks, or because of refuge functions, such as small forest patches or wetlands, are essential for migration, dispersal of wild species. and for the genetic exchanges between these species. " 8. In Article 16, paragraph 2 shall read as follows: " (2) The administration of national parks, natural parks, sites of community interest and special protection areas avifaunistic is carried out by specially constituted administration structures, with legal personality, subordinated to and/or in the coordination of the National Agency for Protected Natural Areas and Biodiversity Conservation. " 9. In Article 17, letters a) and b) shall read as follows: " a) National Agency for Protected Natural Areas and Biodiversity Conservation, together with the Romanian Academy, for protected natural areas, declared by laws or decisions of the Government; b) local public administration authorities, with the agreement of the National Agency for Protected Natural Areas and Biodiversity Conservation, for protected natural areas, declared by their decisions. " 10. Article 18 shall read as follows: "" Art. 18. --(1) The methods of administration of protected natural areas and other natural heritage assets, put under special protection and conservation regime, shall be established with regard to: a) protected natural area; b) extent of the protected natural area; c) the possibilities of securing additional financial resources to ensure the proper functioning of the administration. (2) The administration of protected natural areas and other goods of natural heritage put under special protection and conservation regime shall be under the coordination of the National Agency for Protected Natural Areas and Biodiversity Conservation, by: a) specially constituted administration structures, directly subordinated to the National Agency for Protected Natural Areas and Biodiversity Conservation; b) administration structures specially constituted under autonomous kings, national and commercial companies and companies, local public administration authorities, decentralized central public administration services, institutions scientific, research and education in the public and private sector, museums, non-governmental organizations, established according to the law; c) natural and legal persons with the status of custodian, under the conditions of art. 20. (3) The specially constituted administration structures shall ensure, on a compulsory basis, for each biosphere reserve, national park and natural park. (4) The specially constituted administration structures shall ensure for one or more natural sites of universal heritage, special areas of conservation, special protection areas avifaunistic and wetlands of international importance. (5) The specially constituted administration structures are represented by: a) own administrations, with qualified personnel, specially employed, who ensure the administration of protected natural areas, according to management plans and organization and functioning regulations; b) administrative advisory boards, organized by their own administrations, composed 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 respective natural area and which are involved and interested in the application of protection measures, in the conservation and sustainable development of the area. (6) The own administrations, with qualified personnel specially employed, shall be called: a) by the National Agency for Protected Natural Areas and Biodiversity Conservation, in cases where they are directly subordinated to it; b) by organizations assigned the right to administer a protected natural area and who consent to contribute from their own sources to the provision of financial and/or technical means, necessary for good administration, according to the plan of management. (7) The management advisory councils shall be organized at the proposal of the protected area administration, with the approval of the National Agency for Protected Natural Areas and Biodiversity Conservation. (8) The administration structures specially constituted for the administration of protected natural areas, provided in par. ((3) and (4), will be guided and supervised by a scientific council. (9) The composition of scientific councils is proposed by the administration of protected natural areas, with the opinion of the Romanian Academy, and is approved by the National Agency for Protected Natural Areas and Biodiversity Conservation. (10) Scientific councils assess how the measures provided for in the management plans are applied and present, annually or whenever necessary, the Romanian Academy and the National Agency for Protected Natural Areas and Conservation Biodiversity reports including findings, proposals and recommendations. (11) The assessment of the management of protected natural areas with specially constituted administration structures shall be made at least once a year, on the basis of scientific council reports, by the National Agency for Protected Natural Areas and Conservation Biodiversity and the Romanian Academy. (12) Scientific councils of national and natural parks shall consider, for approval, the requests for carrying out any activities likely to have a negative impact on the protected natural area, as well as any studies on activities and developments that would be carried out on the surface or in the immediate vicinity of protected natural areas. ((13) Where for an investment of national interest with a potential negative impact on a protected natural area there are no alternative solutions, and the plan or project must be carried out for a purpose of major public interest, including social or economic character, the state will ensure measures to compensate the territory, so as to protect the integrity of the network of protected areas. Where the protected natural area of Community interest has habitat types and/or priority species, the plan or project must be of major interest in terms of human health or public security, be of primary importance. in terms of environmental benefits or other imperative motivations of major public interest. (14) Scientific councils of national and natural parks shall consider, for approval, the requests for carrying out any activities likely to have a negative impact on the protected natural area, as well as any studies on activities and developments that would be carried out on the surface or in the immediate vicinity of protected natural areas. (15) In the cases of scientific reserves, nature reserves, monuments of nature and other natural heritage assets subject to a special protection regime, which are not covered by the perimeters of the biosphere reserves, the national parks and natural parks, special conservation areas, special protection areas avifaunistica, administration can be ensured by one of the modalities provided in par. ((2) lit. b) and c), on the basis of conventions concluded, as the case may be, with the territorial public central authority for environmental protection. (16) In the cases of scientific reserves, nature reserves, monuments of nature, special conservation areas, special protection areas avifaunistic and other natural heritage assets subject to a special regime of protection, which are included in the perimeters of the biosphere reserves, national parks and natural parks, the administration can be ensured by one of the modalities provided in par. ((2) lit. b) and c), on the basis of conventions concluded, as the case may be, with the administrations of the biosphere reserves, national parks and natural parks, with the opinion of their scientific council. (17) In situations where in the same area there are protected natural areas and other goods of natural heritage, subject to a special protection regime, but for which no special administration structures are constituted or given to administration of custodians to their administration, can be provided by a single organ of administration, in direct coordination of the territorial public authority of environmental protection, with the approval of the National Agency for Protected Natural Areas and Biodiversity Conservation. " 11. Article 19 shall read as follows: "" Art. 19. -(1) The management plans and regulations of the protected natural areas, which regulate the conduct of all activities in the protected natural area, shall be developed by the administrators of the protected natural areas and approved by the for Protected Natural Areas and Biodiversity Conservation, with the opinion of the Romanian Academy. (2) Until approval of the management plans by the Government, the management of protected natural areas shall be ensured on the basis of the order issued by the central public authority for environmental protection (3) In the elaboration of management plans the managers of protected natural areas have the obligation to consult the interest factors in the protected natural area. (4) The management measures of protected natural areas shall be drawn up in such a way as to take into account economic, social and cultural requirements, as well as regional and local particularities of the area. (5) The regulation of the content of the management plans will be made by specific normative acts. ((6) The modification of the management plans may be made by the administrators or custodians of the protected natural areas, with the opinion of the scientific council and of the Romanian Academy, as well as with the approval of the National Agency for Biodiversity Conservation. (7) Compliance with management plans and regulations is mandatory for protected natural areas managers, as well as for individuals and legal entities who own or manage land and other property and/or carry out activities in the perimeter and in the vicinity of protected natural area. (8) The spatial planning plans, the local and national development plans, as well as any other plans for the exploitation/use of natural resources in the protected natural area and its vicinity will be harmonized with the provisions of the plan management. The provisions of the management plans of protected natural areas are priority over the provisions of any development plans, except in the situations specified in art. 6 6 para. ((3). (9) Local and national authorities with powers and responsibilities in the regulation of activities in the area of protected natural areas are obliged to establish, in agreement with the management structures of protected natural areas and, where appropriate, with the National Agency for Protected Natural Areas and Biodiversity Conservation, special measures for the conservation or sustainable use of natural resources from protected natural areas and their vicinity, according to the provisions of the plans management. " 12. After Article 19, a new article is inserted, Article 19 ^ 1, with the following contents: "" Art. 19 19 ^ 1. -(1) The internal zoning of protected natural areas is through the management plan, by defining and delimiting the special conservation areas, areas with strict protection equivalent to scientific reserves, areas of special interest in the point of view of biodiversity, areas of sustainable development of human activities and tourist development areas, according to the objectives specific to each protected natural area. (2) Special conservation areas comprise the most valuable elements of natural heritage within national parks and natural parks and are fully assimilable or may include scientific reserves, nature reserves, including nature reserves. of landscape type, monuments of nature, special areas of conservation, areas of special protection avifaunistica, protected areas for historical monuments of exceptional national value, as the case may be. (3) Areas with strict protection-areas of protected natural areas, in which it is prohibited to carry out any human activities, except for research activities, education and forms of tourism defined in the management plans. ((4) Areas of special interest from the point of view of biodiversity-areas in the reserves of the biosphere, national parks, natural parks, special special protection areas avifaunistic and special conservation areas where measures are required special for the conservation of habitats and/or species. ((5) Areas of sustainable development of human activities-areas where investment/development activities are allowed, but in compliance with the principle of sustainable use of natural resources and prevention of any negative effects on biodiversity. (6) Tourist development areas-areas where tourism activities involving special investments are allowed. (7) Until the approval of the management plans, the special conservation areas shall be provisionally established by order of the central public authority for the environment. (8) Until the approval of the management plan for each national park or natural park, which will regulate in detail the protection regime and the detailed zoning, any forms of exploitation or use of the natural resources, as well as any forms of land use, incompatible with the purpose of protection and/or conservation. (9) By exception to the provisions of par. ((4), in special conservation areas of national parks and natural parks, outside the perimeters of scientific reserves with strict protection regime, the following activities may be carried out: a) of scientific and educational nature; b) controlled tourism; c) the rational use of meadows for mowing and/or grazing only with domestic animals, the property of the members of the communities holding pastures inside the park, on the surfaces, in the periods and with the species and flocks approved by the administration of the park, so that natural habitats and species of flora and fauna present in the special conservation area are not affected; d) the location and operation of the fires; e) interventions for the maintenance of habitats for the protection of certain species, groups of species or biotic communities which are the subject of protection, following approval by the central public authority responsible for forestry and medium of the provisional action plan, developed for this purpose by the scientific council of the park and valid until the entry into force of the management plan; f) interventions for the protection and maintenance of natural ecosystems and the rehabilitation of inadequate or degraded ecosystems, on the proposal of the scientific council of protected natural area, following the approval by the public authority the central government responsible for forestry and the central public authority responsible for environmental protection; g) actions to remove the effects of calamities, based on the approvals of the central public authority responsible for forestry and the central public authority responsible for environmental protection, at the proposal of the scientific council of the area protected natural; h) actions to prevent mass multiplication of forest pests and their monitoring, with the opinion of the scientific council of protected natural area. ((10) Until the approval of the management plan for each biosphere reserve, national park and natural park, the following activities may be carried out in areas outside the special conservation areas: a) the activities provided in par. ((9); b) traditional activities for the use of renewable resources, within the limits of the productive capacity and support of ecosystems, through low impact technologies, such as harvesting of berries, mushrooms and medicinal plants, in compliance with normatives in force. They can only be carried out by natural and legal persons who own land inside the park or by local communities, with the approval of the protected natural area administration; c) care and management works of young stands, conservation works and sanitization works; d) application of treatments with high degree of intensivity, which promote the natural regeneration of the stands. In national parks you can apply: treatment of transformation cuts to gardening, treatment of gardening and quasigradinarite cuts, treatment of progressive cuts with long period of regeneration and treatment of pruning in crang, in Overalls and zavoaie of poplar and willow. In natural parks you can also apply the treatments of successive and progressive cuts classic or in the edge of massive; e) any other activities approved by the park administration and the scientific council, which do not endanger the conservation of the natural heritage of the protected natural area. (11) No activity of exploitation of natural resources in scientific reserves is allowed in the scientific reserves, the only activities allowed being those of research/education. (12) No activity of exploitation of natural resources in scientific reserves is allowed in the strict protection areas, the only activities allowed being those of research/education and controlled tourism. (13) The forestry fines of the production units entering into the component of the protected natural areas will be compulsorily reviewed in accordance with the provisions of the management plans. (14) Local development plans shall be amended for areas included in protected natural areas in accordance with the provisions of the management plans, respectively with the conservation objectives of protected natural areas that do not have a plan of management. " 13. In Article 20, paragraphs 1, 2 and 4 shall read as follows: "" Art. 20. -(1) For the administration of protected natural areas and goods of natural heritage, under special protection and conservation regime, which do not require or which do not have specially constituted administration structures, the quality of custodian. ((2) Custodian may be natural or legal persons who have the qualification, training and means necessary to establish, with the approval of the institution with which the custody convention is signed, and to apply the measures of protection and preservation of the goods entrusted, certified by the National Agency for Protected Natural Areas and Biodiversity Conservation. ........................................................................... (4) For protected natural areas that are part of the National Network of Natural Areas protected by the conclusion of the conventions and the issuance of the custodian cards are in the regulatory competence of the National Agency for Arii Natural Protected and Biodiversity Conservation, with the opinion of the Romanian Academy. " 14. After Article 20, a new article is inserted, Article 20 ^ 1, with the following contents: "" Art. 20 20 ^ 1. -The framework regulation for the organization and functioning of protected natural areas, adapted to the protected area, is approved by the National Agency for Protected Natural Areas and Biodiversity Conservation. " 15. in Article 21, after paragraph 1, a new paragraph (2) is inserted, with the following contents: " (2) For land of protected natural areas, owned under private ownership, the owners will receive compensation for compliance with the provisions of the management plan of the protected natural area. The method of application, calculation and compensation is established by the central public authorities responsible for the regulation of land management and/or resources in question by normative act, which is published in the Gazette Official of Romania, Part I, within 90 days *) from the publication of this law. " ------- Note *) The 90-day period shall run from the date of entry into force of this Law. 16. After Article 21, a new article is inserted, Article 21 ^ 1, with the following contents: "" Art. 21 21 ^ 1. -The regulation of activities in protected natural areas is done in compliance with the following provisions: a) the activities of exploitation of natural resources from protected natural areas will be carried out only after the preparation of studies, such as: forest facilities, agricultural, zootechnical, tourist, fish, kinetic, geological or on the basis of projects; b) any studies or projects that plan activities of exploitation of natural resources, construction works of any kind, sports activities, tourism, etc. in the protected natural areas shall be drawn up after consulting the management plans of the protected natural areas and compulsorily subject, by beneficiaries or designers, to the approval of the protected natural areas managers or custodians concerned, with a view to verifying the activities planned by them in the provisions of management plans of protected natural areas; c) the studies/projects approved by the competent authorities before the entry into force of the management plans of the protected natural areas are compulsorily subject, by their beneficiaries, to the approval of the natural areas administrators protected in order to verify the classification of the proposed activities in the management plans of protected natural areas. If these studies/projects provide for activities that do not fall within the provisions of the management plans, they will be restored within a maximum of 6 months from the entry into force of this law or from the declaration of protected natural area. Until the restoration of studies, the conduct of activities that contravene the management plans is prohibited; d) the beneficiaries of the studies/projects referred to in a), as well as legal entities carrying out activities on their basis have the obligation to provide the administrators of the protected natural areas, at their request, the necessary data, regarding the conduct of the activities provided by the studies; e) permanent or temporary removal of land from the forest fund within the protected natural area can be done only for objectives aimed at ensuring national security, ensuring the safety, health of people and animals and the prevention of natural disasters or the objectives for scientific research and the good administration of protected natural areas. The final or temporary removal of land from the forest fund is made only with the opinion of the Romanian Academy and with the approval of the central public authority f) natural and legal persons who carry out activities of exploitation of natural resources on the territory of the protected natural area have the obligation to request in writing the consent of the administrators for carrying out the respective activities, traditional activities related to animal husbandry, agriculture and the use of medicinal plants, traditionally carried out by members of local communities; g) in order to properly carry out the activities and control tasks, the access of the administrators and control bodies to the land in the protected natural areas cannot be restricted, regardless of the type of property; h) land owners/managers have the obligation to ensure the free access of visitors/tourists on tourist routes and in areas where activities are carried out within the protected natural areas, provided that these activities do not damage to landowners. " 17. Article 23 shall read as follows: "" Art. 23. -(1) The financial resources necessary for the proper administration of protected natural areas of national interest shall be ensured from the budget of the central public authority for environmental protection, at the request of the National Agency for Protected Natural Areas and Biodiversity conservation, being intended for the functioning of the administration and for the conduct of conservation and education activities. ((2) In order to complete the financial resources necessary for the proper administration of protected natural areas, according to management plans and regulations, their administrators may establish a system of tariffs established by the administrator of the area protected natural, with the opinion of the National Agency for Protected Natural Areas and Biodiversity Conservation. ((3) The tariffs shall be paid by natural and legal persons who benefit from the specific goods, services and activities carried out in protected natural areas, in accordance with the provisions of the protected natural area regulation. " 18. After Article 24, a new article is inserted, Article 24 ^ 1, with the following contents: "" Art. 24 24 ^ 1. -(1) For all assets of the patrimony, under protection regime according to the law, a conservation value is established, which symbolizes the value of that good for the national natural heritage. The conservation value of protected species shall be determined by Government decision. ((2) In the event of the destruction of a natural heritage asset, for which a conservation value has been established, this amount of the perpetrator pays, the amounts constituting in a fund used for the conservation of biodiversity. ((3) If the favourable opinion of an institution has contributed to the destruction of the property of natural heritage, its consideration shall be paid by the institution or institutions concerned. " 19. After paragraph 2 of Article 25, a new paragraph (3) is inserted, with the following contents: "" (3) The conversion and conservation of natural and semi-natural, terrestrial, aquatic and groundwater habitats of national interest, as well as of species protected by plants and wild animals shall be made by declaring protected natural areas of national interest. " 20. After Article 26, a new article is inserted, Article 26 ^ 1, with the following contents: "" Art. 26 26 ^ 1. -In order to protect natural habitats and native species, the introduction of alohtone species as well as interventions on invasive species shall be regulated by the central public authority for environmental protection by normative acts specific. " 21. In Article 33 (1), the letter a) shall read as follows: "" a) scientific, exploratory and documentary activities in caves of Class A; '; 22. In Article 38, letter a) shall read as follows: "" a) the central public authority for environmental protection, with regulatory, supervisory and control responsibilities; '; 23. Article 39 shall read as follows: "" Art. 39. -The central public authority for environmental protection has the following tasks: a) coordinate and/or develop national studies and reports on the conservation of biological diversity; b) organizes, through the National Agency for Protected Natural Areas and Biodiversity Conservation, the national network of protected natural areas, establishes the regime of their administration and exercises control over compliance with this regime; c) proposes the approval by Government decision of the management plans, after their approval by the Romanian Academy and by the National Agency for Protected Natural Areas and Biodiversity Conservation; d) appoints and revokes, through the National Agency for Protected Natural Areas and Biodiversity Conservation, the administrative bodies under direct subordination; e) ensure, through the National Agency for Protected Natural Areas and Biodiversity Conservation, the organization and development in Romania of international networks of protected areas; f) promotes programs and studies for the knowledge and assessment of the state of natural habitats, species of wild flora and fauna and other natural heritage assets existing on the territory of the country, to be financed from the budget of state and other sources, according to the law; g) promote the realization of special studies assessing the state of biological resources in wild flora and fauna, which are exploited and capitalized for different economic and social purposes, in order to establish the conditions and measures to ensure their sustainable use, maintenance of the natural regeneration potential, structural and functional integrity of terrestrial and aquatic ecosystems and ecological balance; h) issue permits, pursue and control compliance with legal measures on the sustainable use of components of biological diversity, a purpose in which it may order the prohibition or limitation of the exploitation of wild flora and fauna resources; i) promote the realization of special projects, aimed at the protection and preservation of natural habitats and biological diversity, restoration of damaged habitats, restoration of viable populations of species threatened with extinction; j) promote and support the assessment of the state of the existing biological diversity outside protected areas and establish the necessary measures to protect and preserve it; k) organizes the National Information System of Biological Diversity and the information exchange system through the international mechanism in the field of biological diversity; l) promote the realization of special studies assessing the state of biological resources in wild flora and fauna, which are exploited and capitalized for different economic and social purposes, in order to establish the conditions and measures to ensure their sustainable use, maintenance of the natural regeneration potential, structural and functional integrity of terrestrial and aquatic ecosystems and ecological balance; m) issue permits, pursues and controls compliance with legal measures on the sustainable use of components of biological diversity, purpose in which it may order the prohibition or limitation of the exploitation of wild flora and fauna resources; n) promote the realization of special projects, aimed at the protection and preservation of natural habitats and biological diversity, restoration of damaged habitats, restoration of viable populations of species threatened with extinction; o) approve, with the opinion of the Romanian Academy, and implement the legal procedures for the modification of the surface and limits of protected natural areas. 24. Article 40 shall read as follows: "" Art. 40. -(1) The tasks of the central public authority at territorial level shall be fulfilled by the territorial agencies for environmental protection, through the specific services for the conservation of nature and biological diversity, in cooperation with the administrations protected natural areas, forestry inspectorates and territorial kinetic offices, as well as with local public administration authorities. (2) The territorial authority for environmental protection monitors and reports to the central authority for environmental protection the cases of destruction of natural heritage assets with conservation value and makes legal steps for sanctioning the respective facts, in cooperation with the protected natural areas, with the forestry inspectorates and with the territorial kinetic offices, as well as with the local public administration authorities. " 25. Article 41 (b) shall be repealed. 26. In Article 41, letters d) and e) shall read as follows: " d) endorse the appointment of members of scientific bodies; e) collaborates with the central public authority for environmental protection in the organization and development in Romania of international networks of protected areas; ". 27. In Article 41, after letter n) a new letter, letter n ^ 1) is inserted, with the following contents: "n ^ 1) exercises powers of expertise, endorsement, supervision and scientific control, including on protected natural areas, declared at local level;". 28. Article 43 shall read as follows: "" Art. 43. -The central and local public authorities, the economic organizations that hold with any title land and water surfaces and decentralized public services with responsibilities in the planning and arrangement of the territory, in the agricultural administration, forestry, water and other natural resources of soil and subsoil are obliged to provide the information and data requested by the Romanian Academy, the central authority for environmental protection and the administrators of protected natural areas to carry out the responsibilities they have in accordance with the provisions this emergency ordinance. '; 29. After Article 43, three new articles are inserted, Articles 43 ^ 1 -43 ^ 3, with the following contents: "" Art. 43 43 ^ 1. -The duties and responsibilities of the management structures and custodians of protected natural areas are defined by special regulations by the National Agency for Protected Natural Areas and Biodiversity Conservation, approved by the central public authority responsible for environmental protection and published in the Official Gazette of Romania, Part I. Art. 43 ^ 2. -Local and regional public authorities have the following duties and responsibilities for the conservation of natural habitats and species of wild plants and animals: a) harmonization of local development plans with the interests of conservation of natural and seminatural habitats, of native species and with the provisions of protected natural areas management plans; b) the protection of natural heritage assets of local interest by declaring protected natural areas of local interest; c) maintenance of protected natural areas of local interest; d) collaboration with local and regional public authorities in order to manage the territories included in protected natural areas that extend to several counties/regions. Art. 43 ^ 3. -The participation of civil society and natural persons in the conservation of natural habitats and of wild plant and animal species shall be ensured by: a) the organization by educational institutions of all grades, by non-governmental organizations and by the management structures of natural areas protected by awareness and education actions on the importance of conservation and sustainable use of natural resources. For this purpose you can set up for protected natural areas visiting centers, information points and educational routes; b) ensuring access to certain areas of protected natural areas and the development of special education programs to increase the level of awareness of the population regarding the values of natural heritage; c) ensuring the participation of civil society in the development of protected natural areas management plans and the implementation of activities, depending on the capacity and resources of the organizations concerned; d) referral, as the case may be, of the central and/or local authorities regarding the violation of the legal provisions for the conservation of natural habitats and of wild plant and animal species, as well as of non-compliance with the area protected; e) the legal action of natural and legal persons who violate the legal provisions for the conservation of natural habitats and species of wild plants and animals, as well as those with regard to non-compliance with the natural area protected. " 30. In Article 44 (1), points a) and b) shall read as follows: " a) its central apparatus and the National Agency for Protected Natural Areas and the Conservation of Biodiversity, with control powers throughout the territory of the country; b) territorial environmental protection authorities, with control powers on the territory of the administrative-territorial units in which they operate; ". 31. In Article 44 (1), after letter d) a new letter is inserted, the letter e), with the following contents: "e) all control bodies responsible for environmental conservation." 32. Article 44 (3) shall be repealed. 33. Article 45 shall be repealed. 34. After Article 48, a new article is inserted, Article 48 ^ 1, with the following contents: "" Art. 48 48 ^ 1. -Failure to comply with management plans and regulations of protected natural areas constitutes contravention and is sanctioned with contravention fine, as follows: 1. from 1,500 lei to 7,500 lei, grazing without contracts concluded with holders/administrators of the pasture; 2. from 300 lei to 1,500 lei, the grazing on the basis of contract concluded with the owner/manager of the pasture, but without the opinion of the protected natural area administrator, if this is required by regulation; 3. from 100 lei to 1,000 lei, grazing with more animals than those contracted or over the support capacity of the pasture, established by special studies; 4. from 1,000 lei to 3,000 lei, grazing in areas with strict protection or in which grazing is prohibited (for example, scientific reserves); 5. from 1.000 lei to 4,500 lei, grazing with animals other than those for which grazing is allowed, where this is prohibited; 6. from 1,500 lei to 4,500 lei, the location of sheepfolds without the opinion of the protected natural area administrator; 7. from 500 lei to 1,500 lei, the location of places of tarras and sheepfolds in the vicinity of streams and lakes or upstream of lakes; 8. from 500 lei to 3,000 lei, assembly and cutting of wood material for fire in areas where this is prohibited; 9. from 1.000 lei to 3.000 lei, cutting jneapan and zambrului; 10. from 1,500 lei to 3,000 lei, access to scientific reserves or in closed areas for public access without the necessary agreements; 11. from 1,500 lei to 3,000 lei, restoration of tourist markings, opening of new routes, location of panels without the consent of the protected natural area administrator; 12. from 1,500 lei to 3,000 lei, camping outside the allowed areas; 13. from 1,500 lei to 3,000 lei, destruction or degradation of informative and indicator panels, as well as plates, pillars or marking signs on tourist routes; 14. from 1,500 lei to 3,000 lei, the use of boats of any type on alpine lakes, except those approved for the collection of samples for scientific research; 15. from 20 lei to 60 lei, the deviation from the marked tourist routes and from the approved climbing routes, marked and pitted; 16. from 20 lei to 60 lei, visiting the protected natural area without paying the visitation tariff; 17. from 200 lei to 350 lei, digging of ditches around tents or use of any materials of plant origin (cetina, ferns, muscles) under tents; 18. from 200 lei to 350 lei, organization of competitions and group events of any kind, courses that involve access to the field in the protected natural area and in camps without the consent of the public services Mountain Rescue and the opinion of the administrator protected natural area; 19. from 180 lei to 300 lei, lighting fire outside the specially arranged vets for this purpose; 20. from 10 lei to 60 lei, the abandonment of waste in the protected natural area, outside the places specially arranged for this purpose; 21. from 50 lei to 150 lei, disturbing the peace in the extravilan areas, in the campsites and in the areas of the chalets and refuges; 22. from 50 lei to 150 lei, leaving the accompanying dogs at large outside the marked route; 23. from 50 lei to 150 lei, bathing and use of detergents for washing in flowing waters and alpine lakes; 24. from 1,000 lei to 3,000 lei, for individuals, and from 2,000 lei to 10,000 lei, for legal entities, degradation of refuges, shelters, bridges, barriers, tourist markings, informative panels or any other construction or facilities in the territory of the protected natural area, if the act is not constituted as a crime by damage caused; 25. from 300 lei to 1,000 lei, public access with motorized means or with bicycles under conditions other than those provided for in the protected natural area regulation; 26. from 30 lei to 60 lei, collection of species of flora, fauna, rocks and any samples of natural origin; 27. from 1,000 lei to 5,000 lei, holding and increasing in captivity, regardless of the form of captivity, of animals from wild fauna within the protected natural area, except when repopular projects are carried out with the opinion of CMN and with the approval of the central public authority; 28. from 100 lei to 500 lei, for individuals, and from 1,000 lei to 5,000 lei, for legal entities, introduction into culture, on the territory of protected natural areas, of species of plants and domestic animals without phytosanitary certificates and, respectively, veterinary health, issued according to the legislation in force; 29. from 1,000 lei to 3,000 lei, for individuals, and from 5,000 lei to 10,000 lei, for legal entities, the introduction of genetically modified organisms (GMOs) in crops on the area of protected natural area; 30. from 500 lei to 1,000 lei, for individuals, and from 2,000 lei to 5,000 lei, for legal entities, practicing unauthorized commercial activities in the extravilan of protected natural areas; 31. from 2,000 lei to 10,000 lei, authorization of constructions/investments on the territory of protected natural area and in immediate vicinity without the opinion of the protected natural area administrator; 32. from 100 lei to 300 lei, failure to present identity documents, at the request of the administration staff or custodians of protected natural areas, who hold typified cards, when they are requested to find some actions/facts constitutes contraventions; 33. from 200 lei to 500 lei, failure to present the environmental authorization for the activities carried out, by the owners and administrators of tourist facilities, commercial and service units of the population, at the request of the administrators or custodians of protected natural areas, who legitimize themselves with targeted credentials up to date. " 35. After Article 49 a new article is inserted, Article 49 ^ 1, with the following contents: "" Art. 49 49 ^ 1. -In the performance of their duties, the personnel of the protected natural areas administrations or custodians have the right to request the legitimation of persons who committed acts or were surprised trying to commit acts that constitute contraventions within the protected natural area. " 36. Annex no. 1, letter a) "Scientific reservations", letter b) "National Parks" and point 4 of the letter f) "Reserves of the biosphere" will have the following contents: "" a) Scientific reservations The scientific reserves are those protected natural areas whose purpose is the protection and conservation of natural terrestrial and/or aquatic habitats, comprising representative elements of scientific interest in the floristic, faunistic, geological aspect, speleological, paleontological, pedological or other. The size of scientific reserves is determined by the area necessary to ensure the integrity of the protected area The management of scientific reserves ensures a strict protection regime through which habitats are kept in a state as far as possible undisturbed. Only scientific activities can be carried out in their perimeter, with the consent of the competent scientific forum and the administrator of the scientific reserve. The scientific reserves correspond to the category I IUCN (International Union for Conservation of Nature) "Strict Nature Reserve: protected area, mainly administered for scientific purposes". b) National Parks National parks are those protected natural areas whose purpose is the protection and preservation of representative samples for the national biogeographical space, comprising natural elements with special value in terms of physical-geographical appearance, floristic, faunistic, hydrological, geological, paleontological, speleological, pedological or other, offering the possibility of visiting for scientific, educational, recreational and touristic purposes. The management of national parks ensures the maintenance of the physical-geographical framework in natural state, the protection of ecosystems, the preservation of genetic resources and biological diversity in conditions of ecological stability, the prevention and exclusion of forms of exploitation of natural resources and land uses, incompatible with the assigned purpose. The management regime shall be established by regulations and own protection and conservation plans approved by the competent national scientific and administrative authorities, according to the provisions of this emergency ordinance. In their perimeters will be included ecosystems or fractions of terrestrial and aquatic ecosystems as little influenced by human activities. The elements with special value from the national parks can be delimited and placed under a strict protection regime as scientific reserves. National parks generally stretch over large areas of land. In the perimeter of the national parks are admitted only the traditional activities practiced only by the communities in the national park area, traditional activities that will be regulated by the management plan. National parks correspond to category II IUCN-"National park: protected area managed in particular for the protection of ecosystems and for recreation". ............................................................................ 4. Sustainable development areas, economically capitalizing through traditional or new, environmentally-permissible practices within the limits of resource regeneration capacity. The reserves of the biosphere with human settlements are thus managed to constitute models for the development of human communities in harmony with the natural environment. " + Article II The organizational structure, number of personnel, duties and powers of the National Agency for Protected Natural Areas and Biodiversity Conservation, as well as other management structures under its command or coordination shall be established by government decision, at the proposal of the central public authority for environmental protection, no later than 12 months after the entry into force of this law. + Article III The central public authority responsible for environmental protection and the Romanian Academy will develop instructions for the application of the provisions of this law, which will be published in the Official Gazette of Romania, Part I. + Article IV Government Emergency Ordinance no. 236/2000 on the regime of protected natural areas, the conservation of natural habitats, flora and wildlife, published in the Official Gazette of Romania, Part I, no. 625 of 4 December 2000, approved with amendments and additions by Law no. 462/2001 , as amended, as well as with the amendments and completions brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT BOGDAN OLTEANU SENATE PRESIDENT NICOLAE VACAROIU Bucharest, July 19, 2006. No. 345. -------