Bucharest Academy of Economic Studies

Faculty of Business and Tourism

Environmental Protection
- Protection of Biodiversity and Landscape -

Services and Public Utilities Project

Bucharest
2017
 Contents
Introduction ..................................................................................................................................... 3
Chapter I: General Overview on Environmental Protection ........................................................... 4
1.1 Environmental Protection Description ...................................................................................... 4
1.2 Classification of Environmental Protection Activities ............................................................. 6
1.3 Romanian Biodiversity Overview............................................................................................. 7
Chapter II: The General Framework for the Organization of Environmental Protection ............... 8
2.1. General principles ................................................................................................................. 8
2.2. Basic Framework .................................................................................................................. 9
2.3. Role of the European Parliament ........................................................................................ 11
Chapter III: State involvement in the regulation of environmental protection ............................. 13
3.1. Romanian Policy on Biodiversity Protection ......................................................................... 13
3.2. Current Legislative Framework ........................................................................................... 15
Chapter IV: International Organizations Involvement ................................................................. 17
Conclusion .................................................................................................................................... 19
Bibliography ................................................................................................................................. 20

Page 2 of 20
 Introduction

As a consequence of its geographical location and evolution of the human society in the
region, Romania has a unique and high level of biodiversity and intact ecological systems. The
vast reed beds of the Danube Delta, the high density of large carnivores and the extensive forests
covering the Carpathian Mountains are some of the most significant and best known aspects
attesting Romania's biological richness.
Although rich in biological resources and important as a corridor for the movement of
species (biogenetical material), Romania resented the consequence of human activity. Pollution,
river damming, hydro-technical works, industrial agriculture, the overexploitation of natural
resources, among other factors, have each had their particular role in decreasing the biodiversity.
Inappropriate forms of tourism and associated infrastructure development also threaten the
highly sensitive mountain ecosystems. This trend is likely to increase unless adequate measures
to reduce the effects of pollution and economic pressures related to the overexploitation of
natural resources will be undertaken.
Taking into account these particularly significant problems, Romania has an active
governmental and non-governmental commitment to reverse the trends of biodiversity loss. A
large number of areas (4.8% of the country's land area) have been designated as protected areas.
However, a coordinated and effectively managed system of protected areas does not exist and
institutional capacity for nature conservation and protected area management have not been
clearly defined as of yet.
In order to address these shortcomings, Romania has adopted the National Strategy and
Action Plan for biological diversity conservation and sustainable use of its components, both of
which integrate the principles and objectives of the Convention on Biological Diversity, of the
most significant conventions in the field of nature and biodiversity conservation as well as the
Pan-European Biological and Landscape Strategy.

Page 3 of 20
 Chapter I: General Overview on Environmental Protection

1.1 Environmental Protection Description

The place where we live, near and far, our home, which we share with plants and animals,
and them and ourselves, make up the environment, and therefore we must take care of it, protect
it, because if we continue to deteriorate it, as so far, this precious treasure that ensures our
existence, succumb.
Environmental protection, consists of the set of measures that are taken at public and private
levels to care for our natural habitat, preserve it from deterioration and contamination. Prevent or
limit the felling of trees, give better treatment to the waste, prohibit the hunting of animals in
danger of extinction, reduce the consumption of energy, pesticides, fuels and other pollutants,
minimize noise, do not throw garbage, recycle it, are some of those measures, which in practice
and in the absence of awareness of the population, should be imposed by legal means with the
consequent penalties for those who violate the rules of protection.
Environmental protection can be defined as policies and procedures aimed at conserving the
natural resources, preserving the current state of natural environment and, where possible,
reversing its degradation.
According to Glossary of Environment Statistics the term "environmental protection" can be
defined as the prevention to conserve and preserve the standard healthy level of environmental
media by reducing the production of pollutants or polluting substances in environmental media.
We also need to pay attention to the ecosystem. Plant life, animal life, and people all depend
on each other. An unhealthy environment disturbs this ecosystem. For example, changes in the
environments might cause a certain kind of plant to die. If that plant is food for a certain kind of
animal, the animal will die too. If people use that animal as food source, there could be big
problem. To avoid the big problems, factories should pollute as little as possible and use natural
resources rationally.
Environmental protection refers to any activity to maintain or restore the quality of
environmental media through preventing the emission of pollutants or reducing the presence of
polluting substances in environmental media.
It may consist of:
(a) changes in characteristics of goods and services,
(b) changes in consumption patterns,
(c) changes in production techniques,
(d) treatment or disposal of residuals in separate environmental protection facilities,
(e) recycling, and
(f) prevention of degradation of the landscape and ecosystems.
Due to the pressures of over consumption, population and technology, the biophysical
environment is being degraded, sometimes permanently. This has been recognized, and
governments have begun placing restraints on activities that cause environmental degradation.

Page 4 of 20
Since the 1960s, activity of environmental movements has created awareness of the various
environmental issues.
Follow this process, future generations may not see now many things that today we have the
pleasure of seeing. Moreover, human beings not only is impoverishing his environment and
himself, but who is committing its own survival as a species. Nature conservation is given for
economic, scientific, cultural, ethical, social and legal reasons.
For economic reasons, is development with reasonable use of natural resources is more
profitable in the long term than that which destroys natural resources. The degradation of
resources leads to economic losses for the country.
Much compelling scientific reasons justify the conservation of the environment. The
conservation of natural areas, with its flora and fauna, preserves important genetic future
material, since all domestic species derived from wild species, and these are very sought to
renew current crops and livestock genetically. Many crops are affected by pests and diseases by
genetic weakness. The retrocruce with wild species returns to resistance.
Many areas should be retained for cultural reasons, with the human populations that contain.
In the sierra and in the Amazon have been developed human groups with technical and cultural
events of great importance, which should not disappear. Music, dance, language, architecture,
crafts, historic remains, etc., are important aspects of a country's wealth and are part of their
heritage.
For ethical or moral reasons man has no right to destroy their environment and biodiversity.
Nature, natural resources, culture and, in general, all of the environment, are the heritage of a
nation and of the whole of humanity. Natural resources and the environment are the heritage of
the nation, and the State is responsible for preserving the common good, with the participation of
the citizens.
For social reasons the conservation of the environment is also justified. The looting of
natural resources, pollution and the deterioration of the environment affect human societies in the
form of diseases, social unrest over access to land, space and food; and they are generators of
poverty and economic crisis.
The legal reasons that justify conservation are in the Constitution, in international treaties
and in legislation.
The conservation of nature and natural resources is essentially based on three aspects:
Sort space and allow different options for use of resources.
Preserve the natural, cultural and historical heritage of each country.
Conservation of natural resources, production base

Page 5 of 20
1.2 Classification of Environmental Protection Activities

The (European standard statistical) classification of environmental protection activities,

abbreviated as CEPA, is used to classify activities, products, expenditure and other transactions
whose primary purpose is environmental protection.
For the purposes of CEPA the following definitions are used:
Environmental protection activities are production activities using equipment, labour,
manufacturing techniques, information networks or products, to create an output of goods or
services.
Environmental protection products are:
the environmental protection services produced by environmental protection activities;
adapted (cleaner) and connected products.
Expenditure for environmental protection consists of outlays and other transactions related
to:
inputs for environmental protection activities (energy, raw materials and other
intermediate inputs, wages and salaries, taxes linked to production, consumption of fixed
capital);
capital formation and the buying of land (investment) for environmental protection
activities;
users outlays for buying environmental protection products;
transfers for environmental protection (subsidies, investment grants, international aid,
donations, taxes earmarked for environmental protection, etc.).
According to Eurostat and Reference and Management Of Nomenclatures, protection of
biodiversity and landscape refers to:
measures and activities aimed at the protection and rehabilitation of fauna and flora
species, ecosystems and habitats as well as the protection and rehabilitation of natural and
semi-natural landscapes. The separation between biodiversity and landscape
protection may not always be practical. For example, maintaining or establishing certain
landscape types, biotopes, eco-zones and related issues (hedgerows, lines of trees to re-
establish natural corridors) have a clear link to biodiversity preservation.
Excluded is the protection and rehabilitation of historic monuments or predominantly
built-up landscapes, the control of weed for agricultural purposes as well as the protection of
forests against forests fire when this predominantly responds to economic reasons. The
establishment and maintenance of green spaces along roads and recreational structures (e.g. gulf
courses, other sports facilities) are also excluded.

Page 6 of 20
 Actions and expenditure related to urban parks and gardens would not normally be
included but may be related in some cases to biodiversity in such cases the activities and
expenditure should be included.

1.3 Romanian Biodiversity Overview

Romania is located in Central Europe, at equal distance both from the North Pole and
Equator and between the Atlantic Ocean and Ural Mountains, in the hydrographic basin of the
Danube and the Black Sea. With an area of 238.391 km2 and a population of 21.584.365,
according to the data provided by INS, it is considered a European country of average sizes and
represents 6% of the total area of the European Union and 4% of its population.
The relatively balanced variety and proportions of the different land forms - 28%
mountains, 42% hills and plateaus and 30% plains are unique and rare characteristics in
Europe, including at global level. The following bio-geographical regions established at
European level are found on the Romanian territory: Continental, Alpine, Panonian, Pontic
(Black Sea) and Stepic (present only in Romania). The Black Sea bio-region includes also the
exclusive economic area, besides the seaside part and the Romanian territorial waters, according
to the Framework Strategy for the Maritime Environment of the European Union (Directive
2008/56/CE). 54% of the Carpathian Mountain chain is found in Romania and 97.8% of the
national hydrographic network is collected by the Danube River.
The geographical position, physical, geographical and lithological complexity and the
radial distribution of altitudinal gradients of land forms create the large diversity of mezzo-,
microclimate and pedological conditions. This variability of substrate composition and structure
and abiotic conditions determines the richness, distribution and representation level of types of
natural ecosystems and habitats on the Romanian territory.
The European Union developed the classification system of European natural habitats,
including those from Romania. The notion of "natural habitat, as defined in Directive Habitats
no. 92/43/EEC on conservation of natural habitats, wild flora and fauna, refers to the terrestrial
or aquatic areas distinguished by geographic, abiotic and biotic characteristics, totally natural or
semi-natural, being mostly similar with the notion of ecosystem. The natural and semi-natural
habitats found at national level characterize the aquatic, terrestrial and underground environment.
These are aquatic habitats maritime, coastal and fresh water habitats; terrestrial habitats
forest, grassland and brush habitat, peat land and swamps habitat, steppe and silvo-steppe
habitat; underground habitats cave habitat.
Table 1.
Main types of
habitats from
Romania and
their share
Source:

https://www.cbd.int/doc/world/ro/ro-nbsap-v3-en.pdf

Page 7 of 20
 Chapter II: The General Framework for the Organization of Environmental
Protection

European environment policy dates back to the European Council held in Paris in 1972,
at which the Heads of State or Government (in the aftermath of the first UN conference on the
environment) declared the need for a Community environment policy flanking economic
expansion, and called for an action programme. The Single European Act of 1987 introduced a
new Environment Title, which provided the first legal basis for a common environment policy
with the aims of preserving the quality of the environment, protecting human health, and
ensuring rational use of natural resources. Subsequent treaty revisions strengthened the
Communitys commitment to environmental protection and the role of the European Parliament
in its development.
The Treaty of Maastricht (1993) made the environment an official EU policy area,
introduced the codecision procedure and made qualified majority voting in Council the general
rule. The Treaty of Amsterdam (1999) established the duty to integrate environmental protection
into all EU sectorial policies with a view to promoting sustainable development. Combating
climate change became a specific goal with the Treaty of Lisbon (2009), as did sustainable
development in relations with third countries. Legal personality now enabled the EU to conclude
international agreements.

2.1. General principles

EU environment policy rests on the principles of precaution, prevention and rectifying
pollution at source, and on the polluter pays principle. The precautionary principle is a risk
management tool that may be invoked when there is scientific uncertainty about a suspected risk
to human health or to the environment emanating from a certain action or policy. For instance, to
avoid damage to human health or to the environment in case of doubt about a potential
dangerous effect of a product, instructions may be given to stop the distribution of this product or
to remove it from the market if uncertainty persists following an objective scientific evaluation.
Such measures must be non-discriminatory and proportionate, and must be reviewed once more
scientific information is available.
The polluter pays principle is implemented by the Environmental Liability Directive
(ELD), which aims to prevent or otherwise remedy environmental damage, whether to protected
species or to natural habitats, water and soil. Operators of certain occupational activities such as
the transport of dangerous substances, or of activities that imply discharge into waters, have to
take preventive measures in case of an imminent threat to the environment. If damage has
already occurred, they are obliged to take the appropriate measures to remedy it and pay for the
costs. The scope of the directive has been broadened three times to include the management of
extractive waste, the operation of geological storage sites, and the safety of offshore oil and gas
operations respectively. In April 2016 the Commission adopted a report on the experience gained
in the Member States with the application of the directive. On the basis of this, it is preparing an
action plan.

Page 8 of 20
 Furthermore, integrating environmental concerns into other EU policy areas has become
an important concept in European politics (now enshrined in Article 11 TFEU) since it first arose
from an initiative of the European Council held in Cardiff in 1998 (the Cardiff process). In
recent years, environmental policy integration has made significant progress, for instance, in the
field of energy policy, as reflected in the parallel development of the EUs climate and energy
package or in the Roadmap for moving to a competitive low-carbon economy by 2050, which
looks at cost-efficient ways to make the European economy more climate-friendly and less
energy-consuming. It shows how the sectors responsible for Europes emissions power
generation, industry, transport, buildings and construction, as well as agriculture can make the
transition to a low-carbon economy over the coming decades.

2.2. Basic Framework

A. The Environment Action Programmes

Since 1973, the Commission has issued multiannual Environment Action Programmes
(EAPs) setting out forthcoming legislative proposals and goals for EU environment policy; the
concrete measures are then adopted separately. In 2013, the Council and Parliament adopted the
7th EAP for the period up to 2020, under the title Living well, within the limits of our planet.
Building on a number of recent strategic initiatives (the Resource Efficiency Roadmap, the 2020
Biodiversity Strategy and the Roadmap for moving to a competitive low-carbon economy by
2050), the programme sets out nine priority objectives, among them being: the protection of
nature; stronger ecological resilience; sustainable, resource-efficient and low-carbon growth; and
the fight against environment-related threats to health. The programme also stresses the need for
better implementation of EU environment law, state-of-the-art science, investment, and
integration of environmental aspects into other policies.
B. Horizontal Strategies
In 2001, the EU introduced its Sustainable Development Strategy (SDS), thus
complementing the earlier Lisbon Strategy for promoting growth and jobs with an environmental
dimension. Renewed in 2006 to combine the internal and international dimensions of sustainable
development, the revised EU SDS strives for the constant improvement of the quality of life
through fostering prosperity, environmental protection and social cohesion. In line with these
goals, the Europe 2020 strategy for growth aims at shaping smart, inclusive and sustainable
growth. Under its umbrella, the flagship initiative for a resource-efficient Europe points the
way towards sustainable growth and supports a shift towards a resource-efficient, low-carbon
economy. Furthermore, in 2011 the EU committed itself to halting the loss of biodiversity and
ecosystem services by 2020 (EU biodiversity strategy).

Page 9 of 20
 C. Environmental Impact Assessment and Public Participation
Certain individual projects (private or public) that are likely to have significant effects on
the environment, e.g. the construction of a motorway or an airport, are subject to an
environmental impact assessment (EIA). Equally, a range of public plans and programmes (e.g.
concerning land use, transport, energy, waste or agriculture) are subject to a similar process
called a strategic environmental assessment (SEA). Here, environmental considerations are
already integrated at the planning phase, and possible consequences are taken into account before
a project is approved or authorised so as to ensure a high level of environmental protection. In
both cases, consultation with the public is a central aspect.
This goes back to the Aarhus Convention, a multilateral environmental agreement under
the auspices of UNECE (the United Nations Economic Commission for Europe) which entered
into force in 2001 and to which the EU and all its Member States are parties. It guarantees three
rights to the public: public participation in environmental decision-making, access to
environmental information held by public authorities (e.g. on the state of the environment or
human health where affected by the latter), and the right of access to justice where the other two
rights have been disregarded.

D. International Environmental Cooperation

The EU plays a key role in international environmental negotiations. It is a party to
numerous global, regional or sub-regional environmental agreements on a wide range of issues,
such as nature protection and biodiversity, climate change, and transboundary air or water
pollution. For instance, at the 10th Conference of the Parties to the Convention on Biological
Diversity, held in Nagoya (Japan) in 2010, the EU made a major contribution to achieving an
agreement on a global strategy to halt the loss of biodiversity by 2020.
Likewise, the Union participated in the decision to develop the global Sustainable
Development Goals (SDGs) for all countries which emerged from the Rio+20 conference on
sustainable development held in 2012. Traditionally, the EU has also set standards during
international climate negotiations under the United Nations Framework Convention on Climate
Change (UNFCCC). The EU recently acceded to the Convention on International Trade in
Endangered Species (CITES), to pursue its fight against wildlife crime at the international level.
Furthermore, it maintains partnership agreements and cooperation strategies with a number of
countries and regions, e.g. within the European Neighbourhood Policy (Eastern and
Mediterranean countries), as a means to address issues arising at its external borders.

E. Implementation, Enforcement and Monitoring

EU environmental law has been built up since the 1970s. Several hundred directives,
regulations and decisions are in force today in this field. However, the effectiveness of EU
environmental policy is largely determined by its implementation at national, regional and local
levels, and deficient application and enforcement remain an important issue. Monitoring is
crucial both of the state of the environment and of the level of implementation of EU
environmental law.

Page 10 of 20
 To counteract the wide disparity in the level of implementation among Member States, in
2001 the European Parliament and the Council adopted (non-binding) minimum standards for
environmental inspections. In order to improve the enforcement of EU environmental law,
Member States have to provide for effective, proportionate and dissuasive criminal sanctions for
the most serious environmental offences.
These include, for instance: the illegal emission or discharge of substances into the air,
water or soil; illegal trade in wildlife; illegal trade in ozone-depleting substances; and illegal
shipment or dumping of waste. Finally, the European Union Network for the Implementation and
Enforcement of Environmental Law (IMPEL) is an international network of the environmental
authorities of EU Member States, accession and candidate countries, as well as Norway, created
to boost enforcement by providing a platform for policymakers, environmental inspectors and
enforcement officers to exchange ideas and best practice.
In May 2016, the Commission launched the Environmental Implementation Review, a
new tool designed to help reach full implementation of EU environmental legislation, which goes
hand in hand with its fitness check (Regulatory Fitness and Performance-programme, or for short
Refit) of monitoring and reporting obligations under existing EU legislation so as to make it
simpler and less costly.
In 1990, the European Environment Agency (EEA), based in Copenhagen, was
established to support the development, implementation and evaluation of environment policy
and to inform the general public on the matter. This EU agency (open to non-EU members) is
responsible for providing sound and independent information on the state of and outlook for the
environment. It therefore collects, manages and analyses data and coordinates the European
environment information and observation network (Eionet).
To help policymakers take informed decisions and develop environmental legislation and
policies, the EU also runs the European Earth Observation Programme (Copernicus), which
addresses, among other concerns, land, marine, atmosphere and climate change. With regard to
pollutants released into air, water and land as well as off-site transfers of waste and of pollutants
in waste water, the European Pollutant Release and Transfer Register (E-PRTR) provides key
environmental data from more than 30 000 industrial facilities in the EU, as well as in Iceland,
Liechtenstein, Norway, Serbia and Switzerland. The register is available to the public free of
charge on the internet.

2.3. Role of the European Parliament

The European Parliament plays a major role in shaping EU environmental law. During its
7th legislative term (2009-2014), Parliament, co-legislating with the Council, adopted, inter alia,
legislation on vehicle and industrial emissions, electronic waste, plastic carrier bags, illegal
waste shipments and scrapping of old ships. In the current term, it is dealing with legislation
deriving from the circular economy action plan (on waste, batteries, end-of-life vehicles,
landfilling, etc.), climate change issues (ratification of the Paris Agreement, effort sharing,
accounting for land use, land use change and forestry in the Unions climate change
commitments, ETS reform, etc.) and more.

Page 11 of 20
 Parliament has repeatedly recognised the need for improved implementation as a key
priority. In a 2013 resolution on improving the delivery of benefits from EU environmental
measures: building confidence through better knowledge and responsiveness, it criticised the
unsatisfactory level of implementation of environmental law in the Member States, and made
several recommendations for a more efficient implementation, such as dissemination of best
practices between Member States and between regional and local authorities. In its position on
the current environmental action programme (running until 2020), Parliament also underlined the
need to enforce EU environmental law more rigorously. It furthermore called for greater security
for investments that support environmental policy and efforts to combat climate change, and for
taking more and better account of environmental concerns in other policies.
In its resolution on the mid-term review of the EU Biodiversity Strategy, Parliament
called on the Commission to review the framework for environmental inspections in order to
better detect and prevent breaches. In an update of the environmental impact assessment
directive, Parliament clarified the text by including biodiversity and climate change, and ensured
that project authorisations are not subject to conflicts of interest.
During negotiations with the Council, Parliament succeeded in raising quality standards
to protect human health and the environment. Although Parliament had to give in on mandatory
environmental impact assessments for the extraction and exploration of shale gas, risks to human
health or the environment will nevertheless have to be taken into account for new gas projects.

Page 12 of 20
 Chapter III: State involvement in the regulation of environmental protection

3.1. Romanian Policy on Biodiversity Protection

The activity of biodiversity conservation in Romania has a relatively long history,
developing according to the human preoccupations, the first rules aiming nature protection, being
found in the old Romanian law starting with the 15th century. These evolve until the 19th
century, providing the good conservation of natural resources, being a legislation which imposed
a set of strict rules and measures.
After signing the Treaty from Adrianople, in 1829, the trade is liberalized, the culture of
cereals requested for export is favored, determining the unprecedented deforestation of forests
through the increase of agricultural areas and leading to the emphasized soil degradation. The
preoccupations aiming directly the nature protection are manifested especially with the 20th
century.
Between 1922 and 1928, an intense activity for nature protection is carried out, supported
by important names from the world of biology, geology, geography and forestry. In 1930, the
first Law for the protection of natural monuments was adopted, which marked the beginning
of the new stage of nature protection in Romania. Based on this normative act, the first
Commission for the protection of natural monuments was founded. Its activity had a scientific
research nature materialized through the publication of many studies, notes or works which
underlay the legal protection of valuable objectives as natural monuments: 15 protected species
of plants and 16 species of animals and 36 natural reserves of approximately 15.000 ha, among
which Retezat National Park founded in 1935.
Subsequently, the 13 legal and institutional system continues its development until the
end of the Second World War and it regresses in the communist period. After 1990, the activities
of biodiversity conservation are continued and consolidated through the elaboration of new
normative acts and the creation of adequate institutional structures.
The strategic reference documents which ensure both the horizontal promotion of
biodiversity conservation and sustainable use of its components, as well as the financing of
projects in this area, starting from the national and European policy, are the following:
1. The Accession Treaty of Romania to the European Union, signed on April 25th 2005, and
the Protocol include the concrete commitments of Romania to transpose, implement and
control the application of the entire environmental community acquis and provide some
transition periods of the implementation of environmental obligations (until December 31st
2015 for the industrial plants falling under the incidence of Directive no. 96/61/CE of the
Council from September 24th 1996 on the prevention and integrated control of pollution,
until December 31st 2016 for the municipal waste deposits, until December 31st 2018 for the
requirements on the residual urban water collection and treatment systems).

2. National Development Plan 2007-2013 (PND) is the strategic planning and multiannual
financial programming document which orients and stimulates the economic and social
development of the country according to the Cohesion Policy principles of the European
Union. The plan establishes as global objective the reduction as fast as possible of social and
Page 13 of 20
 economic development differences between Romania and the other member states of the
European Union.

3. National Strategic Reference Framework 2007-2013 (CSNR), approved by the European

Commission on June 25th 2007, establishes the intervention priorities of EU Structural
Instruments (European Fund for Rural Development - FEDR, European Social Fund - FSE
and Cohesion Fund - FC) within the policy of economic and social cohesion and links the
priorities of the National Development Plan 2007-2013 and those of EU established by the
Community Strategic Guidelines on Cohesion 2007-2013 and the revised Lisbon Strategy. In
order to achieve the strategic vision of CSNR, within the cohesion policy, EC allocated
Romania for the period 2007-2013 the total amount of approximately Euro 19.67 billion, of
which 19.21 billion for the Convergence objective (with national co-financing estimated at
Euro 5.53 billion consisting in proportion of 73% of public sources and 27% of private
sources) and Euro 0.46 billion for the European Territorial Cooperation objective.

4. National Strategy for Sustainable Development of Romania Horizons 2010 2020-

2030 establishes the concrete objectives for the passage, in a reasonable and realistic period
of time, to the development model that generates high added value, oriented to the
continuous improvement of personal life quality, in harmony with the natural environment.
The objectives formulated in the Strategy aim the maintenance, consolidation, extension and
continuous adaptation of biodiversity structural configuration and functional capacity as basis
for the maintenance and development of its support capacity towards the pressure of social
development and economic growth and towards the predictable impact of climate changes.
The main action directions for the appropriation and application of sustainable development
principles are the following:
a) Rational correlation of development objectives, including of investment programmes, with
potential and capacity to support biodiversity;
b) Accelerated modernization of educational, professional training and public health systems,
taking into account the unfavorable demographic evolutions and their impact on the labour
market;
c) Use of the best available technologies from economic and ecologic point of view in the
investment decisions from public funds and the stimulation of such decisions from the
private sector; the firm introduction of ecoefficiency criteria in all production or services
activities;
d) Anticipation of effects of climate changes and the elaboration of long term adaptation
solutions and plans of inter-sectorial contingency measures, comprising portfolios of
alternative solutions for crisis situations generated by natural or human phenomena;
e) Assurance of food security and safety by valorizing the comparative advantages of
Romania concerning the development of agricultural production development, including of
ecological products; the correlation of measures of quantitative and qualitative growth of
agricultural production in order to provide food for people and animals with the increase
requirements of bio-fuel production, without compromising the exigences on the
maintenance and increase of soil fertility, biodiversity and environmental protection;

Page 14 of 20
 f) Necessity to identify additional financing sources, in conditions of sustainability, for
running large-scale projects and programmes, especially in the areas of infrastructure,
energy, environmental protection, food safety, education, health and social services;
g) Protection and exploitation of the national cultural and natural patrimony.

5. National Strategy for Rural Development, implemented in the period 2007- 2013 based on
the provisions of Regulation (EC) no. 1698/2005 of the Council from September 20th 2005
on the support for rural development granted from the European Agricultural Fund for Rural
Development (FEADR), through the National Programme for Rural Development, provides
consistent financial resources for supporting the introduction or continuation of applying
agricultural methods compatible with the environment protection and improvement, its
landscape and characteristics, natural resources, soil and genetic diversity. Approximately
26% of the total financial allocation of PNDR is dedicated to the measures of Axis II, the
main priority of which is the biodiversity conservation in agricultural and forest areas.

6. National Strategic Plan for Fisheries, implemented in the period 2007-2013 through the
Operational Programme for Fisheries, according to the provisions of Regulation (EC) no.
1198/2006 of the Council from July 27th 2006 on the European Fisheries Fund, by
developing the general objective concerning The development of competitiveness and
sustainability of primary fishing sector, includes and allocated financial resources for the
promotion of a sustainable aquaculture sector, as well as the maintenance of the sustainable
level of fishing activity in national waters.

3.2. Current Legislative Framework

The Romanian legislation is based on the Constitution, which is the fundamental law,
with the highest legal power, being a source also for the environmental law. As correlative
obligations of the laws related to environmental protection, the Constitution provides the state
obligation to ensure the exploitation of natural resources in accordance with the national interest,
recovery and conservation of the environment and maintenance of the ecological balance.
The Convention on Biological Diversity, ratified by the Law no. 58/1994, starts from the
recognition of the intrinsic value of the biological diversity on all four approach levels
(ecological systems diversity, species and taxonomic hierarchy diversity, genetic diversity of
species and ethno-cultural diversity of human species populations), as well as of its economic,
genetic, social, scientific, educational, cultural, recreational and aesthetic values. Being a
framework convention, the CBD sets only the general measures of conservation and sustainable
use, for the implementation of these provisions being necessary to draft national strategies, plans
or programmes or to adapt the existing ones, next to the integration of biological diversity
conservation and sustainable use in the relevant sectoral or inter-sectoral policies and
programmes.
In the area of biodiversity conservation and the sustainable use of its components, the
legislative framework is consolidated, but there are still gaps at the level of the secondary
legislation and some inadvertencies, irregularities and gaps in the sectoral legislation. These

Page 15 of 20
deficiencies, which are to be presented for each subarea, are mainly due to the fact that the
Strategies and Action Plans for the biodiversity conservation developed so far were not
undertaken by the political factors, not being adopted by normative acts, therefore not having the
legal power necessary for enforcement.
The basic regulation in the field of biodiversity conservation is the Government
Emergency Ordinance no. 57/2007 on the regime of natural protected areas, conservation of
natural habitats, wild flora and fauna, approved with amendments and supplements by Law no.
49/2011, as further amended, which provides the total transposition of the community legislation
in the field, represented by Directive no. 79/409/EEC of the Council on the conservation of wild
birds amended by Directive no. 2009/147/EEC (referred to as Birds Directive) and the
Directive no. 92/43/EEC of the Council on the conservation of natural habitats and of wild flora
and fauna (referred to as Habitats Directive). The Government Emergency Ordinance no.
195/2005 on the environmental protection, approved with amendments and supplements by Law
no. 265/2006, as further amended and supplemented is added to it.
At general level, the main issue related to the existing legislative framework is its very
frequent amendment, mainly due to the fact that the adoption process was always a fast one, the
time provided for discussions being insignificant and the interested parties were generally not
informed and made aware of the importance and need for national biodiversity conservation. The
emergency amendments caused the situation in which, currently, a series of sanctions are omitted
for the non compliance with some legal provisions already established.

Page 16 of 20
 Chapter IV: International Organizations Involvement

Effective institututions can affect the political process at three key points in the sequence
of environmental policy making and policy implementation. They can contribute to more
appropriate agendas reflecting the convergence of politicaland techinal consensusabout the
nature of enviromental threats. Effectivenes in agenda setting and international policy
formulation are facilitating conditions. National policy responses, because they directly affect the
behavior of actors relevant to the environment, constitute a necesary condition for improvement
in environmental quality. None of these conditions are logically sufficient, however the best laid
plans may prove inadequate. In the absence of good data on environemntal effects,
understanding how institutions affected these phases of policy activity enables us at least to
undertake a preliminary analysis of whether international environmental instituitions may be
helping to protect an endangered earth.
While environmental degradation is ultimately the result of aggregated individual
decisions and choices, individual choices are responsesto incentivesand other forms of guidance
from governments.
In June 1992, within UNCED, a number of 153 states, including the European Union,
signed CBD, which entered into force on December 29th 1993. At the beginning of 2010, CBD
was ratified by 193 parties and it is nowadays the most important international instrument in the
coordination of policies and strategies at global level on biodiversity conservation. Romania
ratified CBD through Law no. 58/1994. The three objectives of CBD are the following: a)
conservation of biological diversity b) sustainable use of biological diversity components c)
correct and fair distribution of benefits resulting from the use of genetic resources
The European Union ratified CBD on December 21st 1993 and for the implementation of
Convention provisions, it assumed the role of leader at international level, adopting a series of
strategies and action plans aimed to contribute to the interruption of biodiversity loss until 2010
and after, according to the Communication of the European Commission to the Council,
European Parliament, European Economic and Social Committee and Committee of Regions no.
864 final/16.12.2008. The strategic plan for CBD has the purpose of reducing the actual rate of
biodiversity loss at global, regional and national level as a contribution to the reduction of
poverty and in the benefit of all life forms on earth and it must be transposed accordingly at the
level of member states.
This responsibility was centred on the creation of the European ecological network 10
which includes a representative sample from all species and community interest natural habitats
for their adequate protection and guaranteeing their long-term viability. This ecological network
called Nature 2000 opposes the actual tendency of fragmentation of natural habitats and it is
based on the real fact that the development of socio-economic systems can be only carried out
based on natural and semi-natural ecological systems. The legal obligations of member states in
the field of nature protection are included in Directive no. 79/409/EEC of the Council from April
2nd 1979 on the conservation of wild birds, amended by Directive 2009/147/EEC (called Birds
Directive for short) and Directive no. 92/43/EEC of the Council from May 21st 1992 on the
conservation of natural habitats and wild flora and fauna species (called Habitats Directive for
short).
Page 17 of 20
 As arising from the internationally established policies, biodiversity conservation is not
carried out in an abstract context, but it is closely related to the development processes of the
human socio-economic systems. The inability to solve the socio-economic development issues
makes it impossible to apply some strictly conservative measures, making them almost
completely useless. This is why any type of action aiming the conservation of biodiversity must
be integrated in a strategic context on medium and long term, underlying all administrative
decisions. Due to the fact that the term of biodiversity, in its wider sense, includes also the ethno-
cultural diversity, man being a species which has the right and obligation to integrate itself in the
ecological systems it dominates or which it depends on, the strategies and policies in the area of
biodiversity conservation are built by involving all interested parties, but correctly informed and
aware.

Page 18 of 20
 Conclusion

Although rich in biological resources and important as a corridor for the movement of
species (biogenetic material), Romania has suffered the consequence of human activity.
Pollution, the damming of rivers, hydrological works, industrial agriculture, overexploitation of
natural resources, among other factors, have all taken their toll in decreasing biodiversity. Highly
sensitive mountain ecosystems are also particularly threatened by inappropriate forms of tourism
and associated infrastructure development.
This trend is likely to increase if appropriate measures to reduce the effects of pollution
and of economic pressures connected with the overexploitation of natural resources will not be
undertaken. Taking into account these significant problems, Romania has an active governmental
and nongovernmental commitment to reverse the trends of biodiversity loss. A large number of
areas (4.8% of the countrys land area) have been designated as protected areas. Romania has
signed most international conventions and regional environmental agreements.
However, a coordinated and effectively managed system of protected areas does not exist
and institutional arrangements for nature conservation and protected area management have not
yet been clearly defined.
Consequently there is an urgent need to define lead responsibility, and to further develop
the field capacity, to address the rapidly increasing and changing needs for protected areas
management and biodiversity conservation.

Page 19 of 20
 Bibliography

https://www.cbd.int/doc/world/ro/ro-nbsap-v3-en.pdf
http://ec.europa.eu/eurostat/ramon/index.cfm?TargetUrl=DSP_PUB_WELC
https://stats.oecd.org/glossary/detail.asp?ID=836
https://www.epa.gov/
https://edukalife.blogspot.ro
https://www.ukessays.com
http://www.europarl.europa.eu/atyourservice/en/displayFtu.html?ftuId=FTU_5.4.1.html
http://www.pronatura.ro/docs/biodiversity/robiodiv.htm

Page 20 of 20