This content is exclusively provided by FAO / FAOLEX

Emergency Ordinance no. 81/2021 of July 21, 2021.

Country
Type of law
Regulation
Date of original text
Date of latest amendment
Source

Abstract
This Emergency Ordinance establishes a specialized legal system for immediate intervention in cases where brown bears (Ursus arctos) enter the residential perimeters of localities. The primary objective is the mitigation of risks to human life, physical integrity, and private property, while maintaining the biological conservation status of the species. This Ordinance distinguishes between standard wildlife management in natural habitats and emergency situations occurring within built-up areas, providing a localized response mechanism triggered by 112 emergency calls.
The operational core of the Ordinance is the creation of a multidisciplinary intervention team led by the local mayor or deputy mayor. This team includes members of the Romanian Gendarmerie, specialized technical personnel from the local game manager, and an authorized veterinarian. Each intervention is governed by a principle of proportionality, utilizing a risk assessment matrix to determine the appropriate level of force. Actions are categorized into three progressive stages: repulsion, capture and relocation, and, as a final measure, extraction through euthanasia or shooting.
By introducing targeted amendments to national statutes governing hunting, the regime of firearms, and veterinary activities, the Ordinance ensures that personnel are not held liable for actions taken within the scope of the established protocols. These amendments specifically legalize the discharge of hunting weapons and the administration of tranquilizing substances within residential zones, provided such actions are documented and justified as a state of necessity.
Administrative accountability is maintained through a mandatory reporting system detailed in the document’s annexes. Every incident requires the completion of standardized reports that log the animal's behavior, the methods employed, and the final outcome, including biological data for any extracted specimens. This documentation serves as a verification tool to ensure that lethal measures are reserved strictly for aggressive or habituated individuals that pose a persistent threat to public safety.
The Ordinance also addresses the logistical and financial requirements of these operations by mandating service contracts between local administrative units and game management entities. It stipulates the reimbursement of intervention costs through the state budget, ensuring that local authorities possess the necessary resources to provide a continuous, 24/7 response to wildlife incursions.
Long title of text
Emergency Ordinance no. 81/2021 of July 21, 2021 regarding the approval of immediate intervention methods for preventing and combating attacks by brown bear specimens on persons and their property, within the built-up areas of settlements, as well as for the amendment and completion of certain normative acts.
Entry into force notes
The Government adopted the ordinance on July 21, 2021.
Notes
This Emergency Ordinance has been formally approved by the Law no. 197 of July 6, 2022 that simultaneously introduced substantive amendments and completions to its initial text.
Repealed
No
Serial Imprint
Government of Romania.
Source language

English

Legislation Amendment
No
Original title
Ordonanță de Urgență nr. 81 din 21 iulie 2021.