From the transfer of Bălți-City Airport’s assets for the expansion of the Bălți FEZ to the obligations concerning aeronautical equipment and replacement immovable property at Bălți-Leadoveni International Airport.
Law No. 243/2010 authorises the inclusion in Subzone No. 3 of the Bălți Free Economic Zone of an area of 110.0 ha, located at 1 Aerodromului Street, on the site of Bălți-City Airport.
The Government was requested to clarify the discrepancy between the 110.0 ha authorised by law and the areas subsequently specified in various documents and legal provisions, including the management agreement and the handover-and-acceptance acts.
The Government adopted Government Decision No. 983/2010 on the transfer of the assets of Bălți-City Airport for the expansion of the Bălți FEZ. The Decision establishes the handover and acceptance mechanism, the administration of the assets, and the obligations associated with the transfer.
Point 4 sets out two distinct obligations: the transfer of aeronautical equipment to Bălți-Leadoveni Airport and the construction on its territory of immovable property in exchange for the property transferred from Bălți-City Airport.
The Ministry of Economy and the Bălți FEZ Administration entered into a management agreement to implement the transfer of the airport assets. According to the available information, the agreement covers an area of 136.49 ha.
The Government was requested to clarify the relationship between the 110.0 ha authorised by law, the 136.49 ha specified in the agreement, and the area actually transferred under the handover-and-acceptance acts.
On the same day as the agreement was concluded, the first handover and acceptance act was drawn up as part of the transfer of Bălți-City Airport’s assets into the Bălți FEZ management framework, pursuant to the mechanism established by Government Decision No. 983/2010 and the management agreement.
The act forms part of the documentary chain that must be cross-checked against the area authorised by law, the area specified in the agreement, and the cadastral situation resulting from the transfer.
A feasibility study on the creation of an industrial park within the Bălți FEZ was prepared following the adoption of Government Decision No. 983/2010. The study under review concerns not the Bălți FEZ itself, which had already been established, but an industrial park covering an area of 30 ha within the Bălți FEZ.
The study postdates the decision to transfer the assets and concerns 30 ha, rather than the entire 136.49 ha covered by the management agreement; the Government was requested to clarify the role of this feasibility study in substantiating the transfer and the redevelopment of the site.
The transfer of the assets continued through a second handover and acceptance act. According to the available information, the handover and acceptance acts would have covered a total area of 123.5236 ha actually transferred.
The Government was requested to fully reconstruct the transfer process and explain the discrepancies between the 110.0 ha authorised by law, the 136.49 ha provided for under the agreement, and the 123.5236 ha indicated as having actually been transferred.
The documentation reviewed identifies the land plot with cadastral number 0300112012 and the associated immovable property units 0300112012.01–0300112012.22, forming part of the assets of the former Bălți-City Airport.
The Government and the Agency for Geodesy, Cartography and Cadastre (AGCC) were requested to verify the legal and cadastral status of the land and of each of the 22 property assets, as well as to identify the corresponding replacement property at Bălți-Leadoveni Airport.
The Government adopts Government Decision No. 1199/2016, changing the legal status of the land associated with the former Bălți-City Airport by transferring it from the public domain to the State’s private domain.
The Government was requested to clarify the relationship between the change in the legal status of the land and the fulfilment of the obligations established by Government Decision No. 983/2010 concerning Bălți-Leadoveni Airport.
Legislative acts, Government decisions, agreements, handover and acceptance acts, and other documents concerning the closure of Bălți-City Airport, the transfer and redevelopment of its airport assets, as well as the obligations relating to replacement property at Bălți-Leadoveni International Airport.
Legislative act amending Law No. 26/2010 on the Bălți Free Economic Zone, relevant to the inclusion of the land at 1 Aerodromului Street in Subzone No. 3 and to the legal framework within which the assets of Bălți-City Airport were subsequently transferred.
↓ Consult the document in RomanianThe central act governing the transfer of the assets of Bălți-City Airport. The Decision regulates the transfer of the property and establishes, among other things, obligations concerning the transfer of aeronautical equipment and the construction at Bălți-Leadoveni Airport of immovable property in exchange for the property transferred.
↓ Consult the document in RomanianAgreement concluded for the administration of the assets transferred as part of the expansion of the Bălți FEZ. The document is relevant to determining the area under administration, the property concerned, and the specific conditions for implementing Government Decision No. 983/2010.
The acts of 23 February 2011 and 18 October 2012 document the stages of the transfer of the assets of the former Bălți-City Airport and are relevant to determining the land and property actually transferred, as well as to reconstructing the resulting legal and cadastral status.
A feasibility study prepared after the adoption of Government Decision No. 983/2010 concerning the development of an industrial park within the Bălți FEZ. The document is relevant to the analysis of the redevelopment of part of the former airport site and to the economic rationale for the area’s subsequent economic development.
↓ Consult the document in RomanianAn act concerning the subsequent evolution of the legal regime of the land associated with the former Bălți-City Airport, relevant to the analysis of the assets transferred under Government Decision No. 983/2010 and the changes introduced thereafter.
↓ Consult the document in RomanianThe documents concerning the transfer of the assets of Bălți-City Airport must be considered together with the obligations established in relation to Bălți-Leadoveni Airport, including those imposed on the Bălți FEZ Administration. The petition seeks documentary confirmation of the full implementation of the mechanism established by Government Decision No. 983/2010.
Were the land and property assets of Bălți-City Airport transferred to the extent and under the conditions provided for by the applicable legal acts?
Was the aeronautical equipment provided for under Government Decision No. 983/2010 transferred to Bălți-Leadoveni Airport?
What immovable property was constructed by the Bălți FEZ Administration at Bălți-Leadoveni Airport in exchange for the property transferred from Bălți-City Airport?
Were the cadastral changes relating to the transfer and to the property constructed in fulfilment of the obligations duly carried out?
Are the buildings constructed and the activities carried out on the site of the former Bălți-City Airport compliant with the legal regime applicable to the Bălți FEZ (Subzone No. 3)?
The transfer of the assets of the former Bălți-City Airport cannot be considered separately from the obligations established in relation to Bălți-Leadoveni International Airport, including the obligations imposed on the Bălți FEZ Administration by Government Decision No. 983/2010, as well as the other obligations imposed by that Decision on the authorities and entities concerned.
Assets transferred for the expansion of the Bălți FEZ
110.0 ha
area indicated in the petition as having been authorised by law
136.49 ha
area indicated in the management agreement
123.5236 ha
area indicated in the petition on the basis of the handover and acceptance acts
22 immovable property assets
0300112012.01–0300112012.22
The differences between the areas indicated in the various documents are the subject of requests for clarification made in the petition addressed to the Government.
Obligations of the Bălți FEZ Administration
01
Transfer to the territory of Bălți-Leadoveni International Airport of the aeronautical equipment located on the transferred land
02
Construction on the territory of Bălți-Leadoveni International Airport of immovable property in exchange for the property transferred
The petition seeks to identify the documents attesting to the fulfilment of the obligations set out in point 4 and, more generally, the implementation of all the provisions of Government Decision No. 983/2010, as well as to specifically identify the property constructed at Bălți-Leadoveni, including its cadastral status, value, airport-related purpose and actual usability.
Verifying the fulfilment of the Bălți FEZ Administration’s obligation to construct immovable property at Bălți-Leadoveni Airport requires the precise identification of that property and verification of its equivalence to the property transferred from the former Bălți-City Airport.
What is the value of the assets transferred, and what is the value of the property constructed at Bălți-Leadoveni by the Bălți FEZ Administration in exchange for those assets?
What are the cadastral numbers, surface areas, registered owners or rights holders, and legal status of the property concerned?
Is the property constructed by the Bălți FEZ Administration intended for airport operations and actually usable for the conduct of civil aviation activities at Bălți-Leadoveni?
The documentation of the process is not limited to the act of closure and transfer. It covers the entire mechanism: the assets transferred, their management and use, the compliance of the buildings and activities carried out with the legal regime applicable to the Bălți FEZ, the aeronautical equipment, the property that was to be constructed at Bălți-Leadoveni, and the related cadastral changes. Issues concerning the fulfilment of the obligations arising from the transfer of the assets of the former Bălți-City Airport are the subject of administrative and legal proceedings. The authorities’ responses, challenges to those responses, and judicial proceedings are presented separately in the “Legal Paths” section.
The information is presented separately according to its nature and evidentiary weight. The existence of a question, request or challenge is not presented as a definitively established legal fact, and the absence of a document confirming the fulfilment of an obligation is not automatically treated as evidence that the obligation has not been fulfilled.
