Ratification

There are two normative acts which regulate the ratification, accession, approval and acceptance of the international treaties in the Republic of Moldova: 1. 1999 Law regarding the international treaties of the Republic of Moldova2. 2001 Regulation regarding the mechanism of concluding international treaties

Which entity may initiate the Which entity may initiate the ratification process and how?ratification process and how?

The decision to conclude a treaty belongs to the The decision to conclude a treaty belongs to the state body which is responsible for the state body which is responsible for the coordination of the domain which constitutes the coordination of the domain which constitutes the object of the treaty. This entity will prepare a object of the treaty. This entity will prepare a Motivation which proves the necessity to Motivation which proves the necessity to conclude an international treaty and forward it, conclude an international treaty and forward it, along with the text of the treaty, to all the along with the text of the treaty, to all the necessary ministries or other state bodies to necessary ministries or other state bodies to express their notices on it.express their notices on it.

Would that entity retain the leading Would that entity retain the leading role in guiding the instrument during role in guiding the instrument during the entirety of the ratification process? the entirety of the ratification process? If not, which entity will take the leading If not, which entity will take the leading role?role?

The entity responsible for the implementation of The entity responsible for the implementation of the treaty will have to prepare all the set of the treaty will have to prepare all the set of documents necessary to ratify, accept, approve or documents necessary to ratify, accept, approve or accede to a treaty, but it doesn’t retain the leading accede to a treaty, but it doesn’t retain the leading role through the whole process. Other institutions role through the whole process. Other institutions are involved too.are involved too.

Which other entities must be Which other entities must be consulted before ratification can take consulted before ratification can take place?place?

It is mandatory to obtain the notice from the It is mandatory to obtain the notice from the following organs: Ministry of Foreign Affairs and following organs: Ministry of Foreign Affairs and European Integration, Ministry of Economy and European Integration, Ministry of Economy and Trade, Ministry of Justice and Ministry of Finance.Trade, Ministry of Justice and Ministry of Finance.

Which is the entity taking the final Which is the entity taking the final decision?decision?

The final decision takes the Parliament of the The final decision takes the Parliament of the Republic of Moldova, adopting the law on Republic of Moldova, adopting the law on ratification, acceptance, approval or accession ratification, acceptance, approval or accession to the treaty. Also there are types of treaties to the treaty. Also there are types of treaties which are adopted by the Government of the which are adopted by the Government of the Republic of Moldova.Republic of Moldova.

Are there any other requirements Are there any other requirements following ratification for an following ratification for an international instrument to enter into international instrument to enter into force and / or to be implemented in force and / or to be implemented in your country?your country?

The international treaties enter into force for the The international treaties enter into force for the Republic of Moldova, according to the manner and time Republic of Moldova, according to the manner and time limits established in the treaty or to the common limits established in the treaty or to the common agreement of the parties. The Ministry of Foreign agreement of the parties. The Ministry of Foreign Affairs and European Integration notifies the other Affairs and European Integration notifies the other contracting party or the depositary of the international contracting party or the depositary of the international treaty about the fulfilment of the conditions necessary treaty about the fulfilment of the conditions necessary for its entrance into force, performs the exchange of for its entrance into force, performs the exchange of relevant documents or transmits them to the relevant documents or transmits them to the depositary.depositary.

Has your country taken any steps to Has your country taken any steps to ratify the Protocol on Liability and ratify the Protocol on Liability and Compensation?Compensation?

Set up process of the documents for Set up process of the documents for ratification had been initiated, but due to ratification had been initiated, but due to objective circumstances (mostly of objective circumstances (mostly of organisational character) it was stopped.organisational character) it was stopped.

What are the difficulties, concerns What are the difficulties, concerns and obstacles identified in your and obstacles identified in your country to ratification of the country to ratification of the Protocol?Protocol?a) at a practical level (e.g. capacity to a) at a practical level (e.g. capacity to implement)implement)

For the moment the Republic of Moldova does For the moment the Republic of Moldova does not have control over the left side of the Nistru not have control over the left side of the Nistru river, and that is why it would be difficult to river, and that is why it would be difficult to implement the Protocol.implement the Protocol.

b) at a legal / technical level (e.g. b) at a legal / technical level (e.g. conflict with existing domestic conflict with existing domestic rules)?rules)?

A series of normative and administrative A series of normative and administrative deeds need to be modified; taking into deeds need to be modified; taking into consideration the current situation, it means consideration the current situation, it means that we would need a longer period of time, that we would need a longer period of time, as well as financial funds.as well as financial funds.

How do you think that these How do you think that these difficulties, concerns and obstacles difficulties, concerns and obstacles could be removed?could be removed?

They could be removed, once we take the They could be removed, once we take the control over the whole territorycontrol over the whole territory

What actions could be undertaken by What actions could be undertaken by the Secretariat of the Basel the Secretariat of the Basel Convention to facilitate the Convention to facilitate the ratification of the Protocol by your ratification of the Protocol by your country?country?

From organisational point of view, the From organisational point of view, the assistance from experts representing the assistance from experts representing the countries, possessing the field experience, countries, possessing the field experience, would be welcomed; as well as organisation of a would be welcomed; as well as organisation of a training cycle for the employees from customs training cycle for the employees from customs and justice institutions.and justice institutions.