Emergency Ordinance 195/2005 on environment protection Published in the Official Gazette no.

1196 30/12/2005 Version consolidated on 22/10/2007

Taking into account the need to fulfill the undertakings made by our country in the European integration process, it is imperiously necessary to urgently adopt this statute, under which the subsequent environment protection laws can be passed, and Taking into account the need to create a unified framework defining the principles governing the entire environment protection activity and setting the guidelines for the regulation of business activities in order to achieve the goals of sustainable development, issues that involve the public interest and are extraordinary emergency situations, On the grounds of article 115 paragraph (4) of the Romanian Constitution, as republished, The Romanian Government adopts this emergency ordinance: CHAPTER I-Principles and General Provisions Article 1. - (1) The subject of this emergency ordinance is a set of legal provisions on environment protection, an issue of major public interest, based on the principles and strategic elements that lead to sustainable development. (2) The environment is the set of natural conditions and elements of the Earth: air, water, ground, underground, landscape, all the atmospheric layers, all the organic and inorganic matter, as well as living beings, natural systems in their interaction, including the previous elements, including some material and spiritual values, the quality of life and the conditions that can affect human welfare and health. __________ The article was amended by article I point 1 of Law no. 265/2006. Article 2. For the purposes of this emergency ordinance, the following terms and expressions shall have the following meanings: 1. environmental accident an event that occurs due to unexpected discharges/emissions of dangerous/polluting substances/products, in liquid, solid, gaseous form or as vapors or energy, resulting from uncontrolled/sudden human activities, by which natural or man-made ecosystems are damaged or destroyed; 2. regulatory acts environmental permits, Natura 2000 permit, environmental approval, import/export approval for non-CITES plants or wildlife, CITES permit, authorization for greenhouse gas emissions, import approval for genetically modified organisms, environment authorization/integrated authorization, authorization for activities with genetically modified organisms; 3. environmental approval the technical and legal act setting forth the conditions for the project, with respect to environmental impact; the environmental approval is the decision of the relevant environment protection authority giving the project holder the right to carry out the project, with respect to environment protection; 4. import approval for genetically modified organisms the technical and legal act issued by the

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relevant environment protection authority, giving its holder the right to import genetically modified organisms/microorganisms and sets forth the conditions under which it can be performed, according to the applicable laws; 5. area/site a clearly delimited geographic area; 6. protected natural area an area of land, water and/or underground, with the perimeter set by law and having a special protection and preservation status, where there are wild species of plants and animals, bio-geographical, landscape, geological, paleontological, spelunking or other elements or formations, with particular environmental, scientific or cultural value; 7. Abrogated; 8. environmental audit a managerial instrument for the systematic, documented, periodic and objective evaluation of the performance of the organization, management system and processes for environment protection, with the purpose of: a) facilitating the management of practices with possible impact on the environment; b) evaluating how the environmental policies are complied with, including the environmental goals and targets of the organization; 9. environment authorization technical and legal act issued by the relevant environment protection authorities, setting the conditions and/or parameters for the functioning of an existing activity or a new activity with possible impact on the environment, required for it to commence operation; 10. integrated environment authorization a technical and legal act issued by the relevant authorities, according to the applicable law for the prevention and integrated control of pollution; 11. authorization for activities with genetically modified organisms - the technical and legal act issued by the relevant authority, according to the applicable law, regulating the conditions for the intentional introduction into the environment and/or market of genetically modified organisms and for use of genetically modified microorganisms under isolation conditions; 12. relevant environment protection authority the central environment protection authority, the National Environment Protection Agency or the environment protection agencies, regional environment protection agencies and county environment protection agencies, Administration of the Biosphere Preserve Danube Delta, and the National Environment Guard and its subordinated structures; 13. environment permits issued by the relevant environment protection authority: a) environment permit for plans and programs - a technical and legal act issued by the relevant environment protection authority, confirming the integration of environment protection aspects in the plan or program submitted for approval; b) permit setting environment-related obligations a technical and legal act issued by the relevant environment protection authority when: changing the subject of an activity with environmental impact, selling the majority stock, selling assets, merger, division, concession, dissolution followed by liquidation, liquidation, cessation of business, bankruptcy, with the purpose of setting the environment-related obligations, as provisions of a compliance program, for them to be assumed by the parties involved in the aforementioned situations; c) environmental permit for plant protection products and for authorizing chemical fertilizers a technical and legal act issued by the central public environment protection authority, required in the procedure for the homologation of plant protection products and for the authorization of chemical fertilizers; d) Natura 2000 permit a technical and legal act issued by the relevant environment protection authority, confirming the integration of aspects concerning the protection of natural habitats and wild flora and fauna species in the plan or program submitted for approval; 14. environmental balance a study prepared by natural or legal persons, certified according to
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the law, in order to obtain the permit setting the environment-related obligations or the environmental authorization, containing the elements of the technical analysis that provide information about the causes and adverse effects cumulated in the past, present and future, from that activity, in order to quantify the actual environmental impact at a location; if significant impact is identified, the balance should be supplemented with a risk evaluation study; 15. biodiversity - variability of organisms as part of land, marine, continental aquatic ecosystems and ecological complexes; this includes intraspecies, interspecies diversity and ecosystem diversity; 16. biotechnology technological application using biological systems, living organisms, components or derivatives thereof, or procedures with a specific use; 17. modern biotechnology the in vitro application of techniques for nucleic acid recombination and cellular fusion, other than those specific to traditional selection and improvement, removing the natural physiological barriers for reproduction or genetic recombination; 18. best available techniques the most advanced and efficient development stage of an activity and the methods of exploitation, proving the practical possibility to set a reference for the limit values of emissions in order to prevent pollution, and if this is not possible, to reduce the overall emissions and environmental impact: a) techniques mean at the same time the technology employed and the manner in which the installation is designed, built, maintained and operated, as well as its dismantling and location restoration, according to the applicable law; b) available means the requirements that have a development stage that allows them to be applied in the respective industrial sector, under viable economic and technical conditions, taking into account costs and benefits, regardless of whether such techniques are made or used at national level or not, provided that they are accessible to the operator; c) best means the most effective techniques for achieving an overall environment protection level as a whole; 18.1. certificate for greenhouse gas emissions a title that gives the right to emit a ton of carbon dioxide equivalent over a defined period; 19. waste any substance, preparation or any object from the categories determined by the specific laws on waste that the owner disposes of or has the intention or obligation to dispose of; 20. recyclable waste waste that can be used as raw material in a production process to obtain the initial product or for other purposes; 21. hazardous waste waste that is generically classified, according to the specific laws on waste, in such types or categories of waste that have at least one component or property that makes them hazardous; 22. environmental damage alteration of the physical, chemical and structural properties of the natural and man-made components of the environment, reduction of biological diversity or productivity of natural or man-affected ecosystems, environmental impact with effects on the quality of life, caused mainly by water, air and ground pollution, overexploitation of resources, deficient management and valorization, and the improper arrangement of land; 23. sustainable development development that meets the requirements of this law, without compromising the possibility for future generations to satisfy needs; 24. ecologic balance the whole of the states and relations between the components of an ecological system, ensuring its structure, functioning and dynamics; 25. ecosystem a dynamic complex of communities of plants, animals and microorganisms in the abiotic environment, which interact as a functional unit; 26. ecotourism a form of tourism where the main goal is to observe and raise the awareness about nature and local tradition, and which must meet the following requirements:
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a) it must contribute to nature preservation and protection; b) it must use local human resources; c) it must have an educational character, raise respect for nature and awareness in tourists and local communities; d) it must have no significant negative impact on the natural and social and cultural environment; 27. effluent any form of discharge into the environment, punctual or diffuse, including leaks, jets, injection, inoculation, storage, draining or vaporization; 28. emission direct or indirect discharge, from punctual or diffuse sources, of substances, vibrations, electromagnetic and ionizing radiations, heat or noise into the air, water or ground; 29. eco-label a graphical symbol and/or a brief descriptive text applied on the packaging, in a brochure or another information document accompanying the product and giving information on at least one and at most three types of environmental impact; 30. environmental assessment preparation of the environmental report, consulting the public and the public authorities interested in the effects of the implementation of plans and programs, taking into account the environmental report and the results of such consultations in the decisionmaking process and ensuring information on the decision made; 31. environmental impact assessment a process aimed to identify, describe and determined, according to each case and the applicable laws, the direct and indirect, synergic, cumulative, main and secondary effects of a project on the health of people and environment; 32. risk assessment a study prepared by individuals or entities certified according to the law, analyzing the probability and seriousness of the main components of the environmental impact and the required prevention, intervention and/or correction measures are determined; 33. specimen any plant or animal in a living or dead state, or any part or derivative thereof, as well as any other products containing parts or derivatives thereof, as specified in the accompanying documents, on packaging, marks or labels or in any other situations; 34. experts individuals, recognized and/or certified nationally and/or internationally by the relevant authorities; 35. natural habitat an area of land, water or underground, in a natural or semi-natural state, differentiated by geographical, abiotic and biotic features; 36. Abrogated; 37. Abrogated; 38. environment information any written, visual, audio, electronic or other information about: a) the state of environment elements, such as air and atmosphere, water, ground, ground surface, landscape and natural areas, including moist, marine and coastal areas, biodiversity and its components, including genetically modified organisms, as well as the interaction between such elements; b) factors such as substances, energy, noise, radiations or waste, including radioactive waste, emissions, discharges and other releases into the environment, which affect or may affect the environmental elements specified at point a); c) measures, including administrative measures, such as policies, legislation, plans, programs, conventions between the public authorities and individuals and/or entities regarding environment objectives, activities that affect or may affect the elements and factors of point a) and b), respectively, as well as the measures or activities aimed to protect the elements specified at point a); d) reports regarding the implementation of environment protection legislation; e) cost-benefit analyses or other economic analyses and forecasts used as part of the measures and activities specified at point c);
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f) human health and safety, including the contamination, whenever it is relevant, of the food chain, human life conditions, archaeological sites, historical monuments and any other buildings, if they are or may be affected by the environment elements of point a), or, through such elements, by the factors, measures and activities specified at point b) and c), respectively. 39. infrastructure for spatial information - metadata, sets of spatial data and spatial data services, network services and technologies, agreements for the common use and access, procedures, processes and mechanisms for monitoring and coordination as determined, operated or made available according to the law; 40. installation any stationary or mobile technical unit as well as any other activity that is technically directly related with the activities of the stationary/mobile units in the same location, which can produce emissions and effects on the environment; 41. Abrogated; 42. geological environment the whole of geological structures from ground surface to depth: soil, ground water, geological formations; 43. microorganism any microbiological, cellular or non-cellular entity that is capable to replicate or transfer genetic material, including viruses, viroids and vegetal and animal cells in cultures; 44. environment monitoring monitoring, forecasting, warning and intervention for a systematic evaluation of the dynamics of qualitative properties of environment elements, in order to know their quality and ecological significance, of the evolution and social implications and the changes that occur and the measures that must be taken; 45. natural monument rare or endangered species of plants and animals, isolated trees, geological formations and structures with scientific or landscape interest; 46. genetically modified organism any organism, except human beings, in which genetic material has been modified in a manner that does not occur naturally by mating and/or natural recombination; 46.1. authorization for greenhouse gas emissions - the technical and legal act issued by the relevant environment protection public authority for one or several installations or for parts of the installation located in the same location and operated by the same operator, by which a number of greenhouse gas emission certificates is allocated; 47. national emission ceiling the maximum quantity of a substance that can be emitted at national level in a calendar year; 48. plans and programs plans and programs, including the ones cofinanced by the European Community, as well as any changes thereof, prepared and/or adopted by a national, regional or local authority or are prepared by an authority to be passed by the Parliament or the Government through a legislative procedure, and are required by legal, regulatory or administrative provisions; 49. action plan a plan of measures including the steps that must be taken over periods specified by the integrated environment authorization by the activity owner under the control of the relevant environment protection authorities in order comply with the legal provisions on pollution prevention and integrated control; the action plan is an integral part of the integrated environment authorization; 50. pollutant any substance, preparation in solid, liquid, gaseous or vapor form or as energy, electromagnetic, ionizing, thermal radiation, sound or vibrations which, introduced into the environment, affects the balance of its components and of the living organisms and damages material goods; 51. pollution direct or indirect introduction of a pollutant that can cause damage to human health and/or environment quality, damage material goods or damage or prevent the use of the environment for recreational purposes or other legitimate purposes;
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52. prejudice the effect, quantifiable as cost, of damage to human health, goods or environment, caused by pollutants, damaging activities or disasters; 53. project performance of construction works or other installations or arrangements, other interventions on the natural environment and landscape, including those that involve the extraction of mineral resources; 54. compliance program a plan of measures containing the steps that must be taken in periods set froth by the environment authorization or the permit setting the environment obligations for the activity owner, under the control of the relevant environment protection authority, in order to comply with the legal provisions on environment protection; the compliance program is an integral part of the environment authorization or the permit setting the environment obligations; 55. sector operational program a document approved by the European Commission for the implementation of the sector priorities in the National Development Plan that are approved for funding under the community support framework; 56. public one or more individuals or entities and, according to national legislation or practice, the associations, organizations and groups thereof; 57. environment report part of the documentation of the plans and programs that identifies, describes and assesses possible significant effects on the environment from their application and reasonable alternatives, taking into account the objectives and the geographical area, according to the applicable laws; 58. location report documentation prepared by individuals or entities certified according to the law in order to obtain the integrated environment authorization showing the state of the location, the existing pollution before starting up the installation and giving a reference point when the activity ends; 59. security report - documentation prepared by individuals or entities certified according to the law, required for objectives where hazardous substances are present, according to the laws on the control of activities involving the risk of major accidents involving hazardous substances; 60. natural resources the whole of natural elements of the environment that can be used by human activities: non-renewable resources minerals and fossil fuels, renewable water, air, ground, flora, wild fauna, including inexhaustible ones solar, wind, geothermal and wave energy; 61. environment management system a component of the overall management system, including the organizational structure, planning activities, accountabilities, practices, procedures and resources for the development, application, implementation, review and maintenance of the environment policies; 62. Abrogated; 63. Abrogated; 64. Abrogated; 65. Abrogated; 66. substance a chemical element and its compounds, as defined by the applicable laws, with the exception of radioactive substances and genetically modified organisms; 67. hazardous substance any substance classified as hazardous by the applicable laws regarding chemicals; 68. priority substances substances that involve a significant pollution risk for the water environment and through it for humans and water users, according to the specific legislation regarding waters; 69. priority hazardous substances substances or groups of substances that are toxic, persistent and tend to bioaccumulate and other groups of substances that create a similar risk level, according to the specific laws regarding waters;
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70. source of ionizing radiations a physical, natural entity, made or used as an element of an activity that can generate exposure to radiations by emitting ionizing radiations or releasing radioactive substances; 71. traceability the possibility to identify and track the genetically modified organisms and the products resulting from them over all the stage involving such organisms and products; 72. use under isolation conditions any operation by which microorganisms are genetically modified, cultivated, multiplied, stored, used, transported, destroyed and/or annihilated under controlled conditions, in closed areas/environments. Specific isolation measures are taken for all these operations, in order to avoid/limit their contact with people and the environment; 73. Abrogated; 74. moist area an area of fens, swamps, peat bogs, natural or artificial waters, permanent or temporary, where the water is stagnant or flowing, sweet, half salty or salty, including marine water areas where the depth at low tide is no more than 6 m. __________ Point 38 was amended by the Rectification published in the GO 88 of 31/01/2006. - Points 1-4, 11, 12 and the introduction of point 18 were amended by article I point 2 of Law no. 265/2006. - Point 18.1 was introduced by article I point 3 of Law no. 265/2006. - Point 28 was amended by article I point 4 of Law no. 265/2006. - Point 41 was abrogated by article I point 5 of Law no. 265/2006. - Point 41.1 was introduced by article I point 6 of Law no. 265/2006. - Point 50, 52 and 53 were amended by article I point 7 of Law no. 265/2006. - Point 73 was abrogated by article I point 8 of Law no. 265/2006. - Point 7, 36, 37, 62-65 were abrogated by article 57 b) of EGO no. 57/2007. Article 3. The principles and strategic elements on which this emergency ordinance is based are: a) the principle of integrating environment requirements with the other sector policies; b) the principle of precaution in making the decision; c) the principle of preventative action; d) the principle of capturing pollutants at the source; e) the principle "the polluter pays"; f) the principle of preserving biodiversity and specific ecosystems of the natural bio-geographical environment; g) sustainable use of natural resources; h) public information and participation in making decisions, as well as access to justice in environmental matters; i) developing international cooperation for environment protection. __________ Point a) was amended by article I point 9 of Law no. 265/2006. Article 4. The methods for the implementation of the principles and strategic elements are: a) prevention and integrated control of pollution by using the best available techniques for activities with a significant impact on the environment; b) adopting development programs, in compliance with the requirements of the environmental policies; c) correlating land arrangement and city planning with environment planning; d) performing the environmental assessment before approving the plans and programs that can
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have a significant impact on the environment; e) assessing the impact on the environment in the initial stage of the projects with a significant impact on the environment; f) introducing and using motivating or coercive methods and economic instruments; g) solving environmental issues by levels of competence, depending on their extent; h) promoting statutes that are harmonized with the European and international regulations in this field; i) establishing and monitoring the implementation of compliance programs; j) creating the national system for the integrated monitoring of environment quality; k) acknowledging products with a low impact on the environment by giving the eco-label; l) maintaining and improving the quality of the environment; m) rehabilitating areas affected by pollution; n) encouraging the implementation of environment management and audit systems; o) fostering fundamental and applied research in environment protection; p) educating and raising the awareness of the public and involving it in the process of development and application of the environment-related decisions; q) developing the national network of protected areas to maintain the favorable preservation state of natural habitats, wild flora and fauna species, as an integral part of the European environmental network - Natura 2000; r) applying the systems ensuring traceability and labeling of genetically modified organisms; s) removing with priority the pollutants that directly and seriously endanger human health. __________ The introduction was amended by article I point 10 of Law no. 265/2006. Article 5. The state acknowledges to any person the right to a healthy and environmentally balanced environment, guaranteeing for this purpose: a) access to information regarding the environment, in keeping with the confidentiality terms provided by the applicable laws; b) the right to associate in organizations for environment protection; c) the right to be consulted with in the decision making process regarding the development of the environment policies and legislation, issuing regulatory acts, developing plans and programs; d) the right to address, directly or through environment protection organizations, to the administrative and/or judicial authorities, as the case may be, in connection with environmental issues, regardless of where a prejudice has occurred or not; e) the right to compensation for the prejudice that occurred. __________ Points b), c) and d) were amended by article I point 11 of Law no. 265/2006. Article 6. - (1) Environment protection is an obligation and responsibility of all authorities of the central and local public administration, as well as all individuals and entities. (2) Authorities of the central and local public administration include in their budgets funds for fulfilling the obligations that arise from the implementation of community laws regarding the environment and for environment protection programs and cooperate with the central and local environment protection public authorities to achieve them. Article 7. - (1) The coordination, regulation and implementation in environment protection are the responsibility of the central environment protection public agency, the National Environment Protection Agency, regional and county environment protection agencies, and the Administration of the Biosphere Preserve Danube Delta.
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(2) Within the Biosphere Preserve Danube Delta, the local environment protection public authority is the Administration of the Biosphere Preserve Danube Delta. (3) Controls on how environment protection measures are complied with are carried out by: a) commissaries and authorized persons of the National Environment Guard, Administration of the Biosphere Preserve Danube Delta; b) authorities of the local public administration, with their authorized personnel; c) the National Board for Nuclear Activities, the Ministry of National Defense and the Ministry of Administration and Interior, by their authorized personnel, in their fields of activity, according to the powers set forth by the law. __________ Paragraph (1) was amended by article I point 12 of Law no. 265/2006. - Paragraph (3) was introduced by article I point 13 of Law no. 265/2006. CHAPTER II-Regulatory Procedure Article 8. - (1) The relevant environment protection authorities, with the exception of the National Environment Guard and its subordinated structures, oversee the regulatory procedure and issue, as the case may be, regulatory acts according to the law. (2) In the performance of the regulatory procedures for projects or activities that can have a significant effect on other countries, the relevant environment protection authorities have the obligation to comply with the provisions of the international conventions in which Romania is a party. __________ The article was amended by article I point 14 of Law no. 265/2006. Article 9. - (1) Applying for and obtaining the environmental permit for plans and programs are mandatory for adopting plans and programs that could have a significant impact on the environment. (2) The environmental assessment has the purpose to integrate environment protection objectives and requirements in the preparation and adoption of plans and programs. (3) The environmental assessment procedure, the structure of the environment report and the prerequisites for the issue of the environmental permit for plans and programs, including those with cross-border effects, are determined by Government decision, at the proposal of the central environment protection public authority. (4) The hierarchical approval of plans and programs is subject to the existence of the environmental permit for that plan or program. Article 10. - (1) Applying for and obtaining the environmental permit determining the environment-related obligations are mandatory if the owners of activities with a possible significant impact on the environment are to carry out or be subject to a procedure of: sale of the majority stock, sale of assets, merger, division, concession or in any other situations that involve a change of owner for the activity, and in case of dissolution followed by liquidation, liquidation, bankruptcy, cessation of business according to the law. (2) Within 60 days of the signing/issue of the document attesting the completion of one of the procedures mentioned at paragraph (1), the involved parties send in writing to the relevant environment protection authority the obligations undertaken in connection with environment protection, by a document certified as a true copy of the original. (3) The clauses regarding environment-related obligations included in the acts made under the procedures mentioned at paragraph (1) are public.
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(4) Fulfilling environment-related obligations is a priority in the case of the procedures for: dissolution followed by liquidation, liquidation, bankruptcy, cessation of business. (5) The procedure for applying for and issuing the environmental permit determining environment-related obligations is adopted by order of the leader of the central environment protection public authority, within 90 days of this emergency ordinance coming into force. Article 11. - (1) Applying for and obtaining the environmental approval are mandatory for public or private projects or for changing or expanding the existing activities, including dismantling projects that could have a significant impact on the environment. (2) In order to obtain the environmental approval, public or private projects that could have a significant impact on the environment, by their nature, size or location, are subjected, upon the decision of the relevant environment protection authority, to an environment impact assessment. (3) The framework procedure for the environment impact assessment, including the case of projects with cross-border impact and the list of public or private subjected to the procedure are determined by decision of the Government, upon the proposal of the central environment protection public authority. (4) The environmental approval is issued in parallel with the other regulatory acts issued by the relevant authorities, according to the law. Article 12. - (1) Carrying out existing activities and starting new ones with a possible significant impact on the environment are done only based on an environmental authorization/integrated authorization. (2) The procedure for the issue of the environment authorization and the list of activities that are subject to this procedure are determined by order of the leader of the central environment protection public authority. (3) In order to obtain the environmental authorization, existing activities that are not compliant with the applicable environmental norms and regulations are subject to an environmental balance, upon the decision of the relevant environment protection authority. (4) The procedure for preparing the environmental balance is determined by order of the leader of the central environment protection public authority. (5) The relevant environment protection authority sets with the activity owner the compliance program, based on the conclusions and recommendations of the environmental balance. (6) It is mandatory to carry out the measures included in the compliance program within the set time periods. (7) Activities carried out by structures that are components of the defense, public order and national security system are exempt from obtaining the environmental authorization. __________ Paragraph (5) was amended by article I point 15 of Law no. 265/2006. Article 13. - (1) Measures regarding the prevention and integrated control of pollution and the list of activities subject to the procedure for the issue of the integrated environmental authorization are determined by law. (2) The procedure for the issue of the integrated environmental authorization and the methodological norms for its application are determined by order of the leader of the central environment protection public authority. Article 14. - (1) The environmental authorization/integrated authorization is issued after obtaining the other permits, approvals, authorizations, as the case may be, from the relevant authorities, according to the law. (2) Operating without an environmental authorization is prohibited for activities that are subject to the authorization procedure for environment protection.
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(3) Operating without an integrated environmental authorization is prohibited for activities that are subject to the laws on the prevention and integrated control of pollution . (4) The activity owner has the obligation to notify the relevant local environment protection public authorities about the results of self-monitoring for regulated polluting agents, as well as about any accidents or dangers of accidents. Article 15. - (1) The relevant environment protection authorities, with the exception of the National Environment Guard and its subordinated structures, issue, review and update the regulatory acts, as the case may be. (2) Regulatory acts are issued only if the plans and programs, projects and compliance programs for the existing activities provided for the prevention, reduction, elimination or compensation, as the case may be, of the negative consequences on the environment, according to the applicable provisions of the technical norms and the applicable regulations. (3) Owners of activities that are subject to regulatory procedures in connection with environment protection have the obligation to comply with the deadlines determined by the relevant environment protection authority in such procedures. (4) Failure to comply with the deadlines determined by the relevant environment protection authority in the regulatory procedure leads to the termination of the procedure, and the application for the regulatory act is cancelled. __________ Paragraph (1) was amended by article I point 16 of Law no. 265/2006. Article 16. - (1) The environmental permit for plans and programs has the same validity term as the plan or program for which it was issued, unless the plan or program is changed, according to the specific laws. (2) The environment permit determining environment-related obligations is valid until its purpose is fulfilled, unless there are changes in the conditions under which it was issued. (3) The environmental approval is valid throughout the project implementation period. The environmental approval ceases to be valid if the investments for which it was issued fail to start within 2 years of the issue date, with the exception of projects with foreign funding, in which case it remains valid throughout their performance period, until the investment is completed. (4) The environmental authorization is valid for 5 years, and the integrated environmental authorization is valid for 10 years. (5) By exception from the provisions of paragraph (4), environmental authorizations and integrated authorizations issued with a compliance program or an action plan, respectively, are valid throughout the period of the program/plan. (6) The validity term of the environmental authorization/integrated authorization may not exceed the last deadline of the compliance program or the action plan, respectively, with application of the provisions of paragraphs (4) and (5). Article 17. - (1) The environmental permit determining the environment-related obligations, the environmental approval and the environmental authorization are reviewed if there are new elements with an impact on the environment, unknown as of the issue date. In this case, it can be asked to redo the environmental impact assessment and/or the environmental balance. (2) The integrated environmental authorization is reviewed according to the specific laws on the prevention and integrated control of pollution. (3) The environmental approval and the environmental authorization/integrated authorization are suspended by the relevant environment protection authority that issued the regulatory act, for failure to comply with their provisions or those of the compliance programs/action plans, after prior notice giving at most 30 days to fulfill the obligations. Suspension is maintained until the
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causes are eliminated, but not more than 6 months. During the suspension period, carrying out the project or the activity is prohibited. (4) If the conditions set in the suspension act are not fulfilled, the relevant environment protection authority orders, after the expiry of the suspension period, the cancellation of the environmental approval and or environmental authorization/integrated authorization, as the case may be. (5) Orders for the suspension and, implicitly, for the cessation of the project or activity are enforceable by law. Article 18. Disputes arising from the issue, review, suspension or cancellation of regulatory acts are solved by the relevant administrative courts. Article 19. - The environmental approval and the environmental authorization/integrated authorization for mining activities that use hazardous substances in the processing or concentration process, for production capacities exceeding 5 million tons/year and/or if the surface on which the activity is carried out is larger than 1,000 hectares, is promoted by Government decision, upon the proposal of the central environment protection public authority. Article 20. - (1) The relevant environment protection authority, together with the other authorities of the central and local public administration, as the case may be, ensure the information and participation of the public in decisions regarding specific activities and access to justice, in accordance with the provisions of the Convention on access to information, public participation in decision making and access to justice in environmental matters, signed at Aarhus on 25 June 1998, ratified by Law no. 86/2000. (2) Informing the public in the regulatory procedures for plans, programs, projects and activities is done according to the applicable specific laws. (3) Consulting the public is mandatory in case of procedures for the issue of regulatory acts, according to the applicable laws. The procedure for public participation in decision making is determined by specific statutes. (4) The methods to achieve public participation in the development of specific plans and programs in connection with the environment are determined by Government decision, at the proposal of the central environment protection public authority, within 12 months of the date when this emergency ordinance comes into force. (5) Access of the public to justice is achieved according to the applicable laws. (6) Non-government organizations that promote environment protection are entitled to legal actions in environmental matters, having the right to be an active party in trials concerning environment protection. __________ Paragraphs (3) and (6) were amended by article I point 17 of Law no. 265/2006. Article 21. - (1) Individuals or entities that are independent from the owner of the plan, program, project or activity and certified by the relevant environment protection authority, according to the law, carry out: a) the environmental assessment; b) the environmental impact assessment; c) the environmental balance; d) the location report; e) the security report. (2) The procedure for the certification of individuals and entities is determined by order of the leader of the central environment protection public authority within 6 months of the date when this emergency ordinance comes into force.
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(3) The expenses for preparing the environmental assessment, the environmental impact assessment, the environmental balance, the location report and the security report are covered by the owner of the plan, program, project or activity. (4) Responsibility for the accuracy of the information made available to the relevant environment protection authorities and the public lies with the owner of the plan, program, project or activity, and responsibility for the correctness of the acts mentioned at paragraph (1) lies with their author. Article 22. - (1) The public environment protection authorities collect the amounts from the duties for the issue of regulatory acts. (2) The duties specified by paragraph (1) are income for the Environment Fund, and their amount is set by Government decision, upon the proposal of the central environment protection public authority. Article 23. - (1) The relevant environment protection authorities also collect amounts from charges for the works and services provided as requested by individuals and entities, as part of the activities performed within the limits of their functions, according to the law. (2) The list of works and services provided, as well as the amount of the charges, are determined by order of the leader of the central environment protection public authority, within 6 months of the date when this emergency ordinance comes into force. (3) Public environment protection authorities establish a fund for personnel incentives using 25% of the charges of paragraph (1), and the 75% difference is transferred to the state budget. (4) The methodology for using the incentive fund is determined by Government decision, upon the proposal of the central environment protection public authority. (5) Liquidities that are obtained and not used by the year end are carried forward to the next year and used for the same purpose as specified at paragraph (3). (6) The relevant environment protection authorities have the right to receive and use funds from sponsorships or donations from individuals or entities, Romanian or foreign, according to the law. CHAPTER III-Status of hazardous substances and preparations Article 24. Activities regarding the manufacture, introduction into the market, use, temporary or permanent storage, domestic transport, handling, disposal and import and export of hazardous substances and preparations are subject to a special regulatory and administration status. Article 25. - (1) International transport and transit of hazardous substances and preparations are done according to the agreements and conventions concerning the international transport of hazardous goods, to which Romania is a party. (2) The import and export of hazardous substances and preparations that are restricted or prohibited from use by certain countries or by Romania are done in accordance with the provisions of the agreements and conventions in which Romania is a party. Article 26. The central environment protection public authority and the local environment protection public authorities, as well as any other public authorities authorized by the law, as the case may be, supervise compliance with the provisions regarding the status of hazardous substances and preparations. Article 27. For the control of imports, exports and transit of hazardous substances and preparations in the customs, the customs authority calls the relevant authorities for hazardous substances and preparations, in accordance with the applicable laws. Article 28. Individuals and entities that manage hazardous substances and preparations have the following obligations: a) to comply with the provisions of article 24 on hazardous substances and preparations;
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b) to keep strict records quantity, properties, securing measures of the hazardous substances and preparations, including their containers and packaging, which are subject to their activities, and to provide all the information and data requested by the relevant authorities according to the specific laws in force; c) to dispose, under safe conditions with respect to population health and the environment, of the hazardous substances and preparations that have become waste and are regulated in accordance with the specific laws. d) to identify and prevent the risks that hazardous substances and preparations may have for public health and to announce any imminent unexpected discharges or accidents to the environment protection and civil protection authorities. CHAPTER IV- Status of Waste Article 29. Waste management is done under conditions protecting public health and the environment and is subject to the provisions of this emergency ordinance, as well as those of the specific applicable laws. Article 30. Waste management control is performed by the relevant public environment protection authorities and other authorities with powers determined by the applicable laws. Article 31. The authorities of the local public administration, as well as the individuals and entities that carry out waste management activities, have functions and obligations in accordance with the provisions of this emergency ordinance and the specific provisions about waste management. Article 32. - (1) Importing waste of any kind to Romania for disposal is prohibited. (2) Importing waste to Romania for recovery is subject to the specific regulations, with approval from the Government, in accordance with the provisions of the Treaty on Romanias accession to the European Union, ratified by Law no. 157/2005. (3) Waste valorization is done only in installations, using processes and activities authorized by the relevant public authorities. (4) The transit and export of any kind of waste are done in accordance with the agreements and conventions in which Romania is a party and with the specific national legislation. Article 33. - (1) Domestic transport is done in accordance with the specific legal provisions. (2) International transport and transit of hazardous waste are done in accordance with the provisions of the international agreements and conventions in which Romania is a party. CHAPTER V-Status of chemical fertilizers and plant protection products Article 34. Chemical fertilizers and plant protection products are subject to a special regulatory status determined by the specific laws on chemicals. Article 35. The special regulatory status for chemical fertilizers and plant protection products applies to activities related to the manufacture, marketing, use, as well as to their import and export. Article 36. The relevant central public authorities, according to the specific laws on chemicals, in cooperation with the central public environment protection authority, have the following obligations: a) to regulate the status of chemical fertilizers and plant protection products; b) to organize, at local level, the laboratory networks for quality control of chemical fertilizers and plant protection products; c) to check, through the laboratory network, the concentrations of plant protection product
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residues in the ground, crops, feeds, vegetal and animal agricultural foodstuffs. Article 37. The central public environment protection authority, together with the central public authorities for agriculture, silviculture, health and those related to transports or the respective decentralized services, as the case may be, oversee and control the application of the regulations on chemical fertilizers and plant protection products, in order to avoid environment pollution with such products. Article 38. - (1) Legal entities that manufacture, store, market and/or use chemical fertilizers and plant protection products, have the following obligations: a) to manufacture, store, market and use plant protection products only in compliance with the applicable legal provisions; b) not to use chemical fertilizers and plant protection products in the areas or on the areas where special protection measures are established; c) to administer the plant protection products with aviation means only with the approval of the relevant environment protection authorities, the relevant sanitary authorities and of the county boards for honey plants and pastoral beekeeping, according to the applicable regulations, after prior notification through the mass media; d) to apply, during the period when plants whose pollination is done by insects, only treatments with plant protection products that are selective to the pollinating insects; e) to deliver, handle, transport and market chemical fertilizers and plant protection products packaged with identification and warning signs, safety and use instructions, under conditions that do not cause the contamination of the transport means and/or the environment, as the case may be; f) to temporarily store chemical fertilizers and plant protection products only packaged and in protected and well-ventilated areas. (2) Legal entities that are interested to manufacture and/or to market plant protection products and chemical fertilizers have the obligation to apply for and obtain, if the specific laws require it, the environmental permit for the plant protection products, and for the authorization of chemical fertilizers, in order to manufacture, market and use them in agriculture and silviculture. (3) The obligations specified at paragraph (1) points b)-f) also apply to individuals, according to the law. CHAPTER VI- The status of genetically modified organisms, obtained using modern biotechnological techniques Article 39. - (1) Activities that involve genetically modified organisms obtained using modern biotechnological techniques are subject to a special status for regulation, authorization and administration, according to this emergency ordinance, specific laws and international conventions and agreements in which Romania is a party. (2) The activities specified at paragraph (1) include: a) using genetically modified microorganisms under isolation conditions; b) deliberately introducing live genetically modified organisms into the environment or the market; c) importing genetically modified organisms/microorganisms. (3) The activities specified at paragraph (2) are carried out only provided that environment protection and human and animal health can be assured, based on the regulatory acts issued by the relevant authority. Article 40. - (1) The central public environment protection authority issues the authorizations

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and import agreements regarding the activities with genetically modified organisms specified at article 39, paragraph (2) point c). (2) In the decision-making process regarding the activities of article 39, paragraph (2), point b) and c), the central public environment protection authority requests the opinions from the central public authorities for agriculture, health, food safety, consumer protection, as well as from other involved institutions, according to the specific laws, consults with the Biological Security Board and ensures public information and participation. (3) In the decision-making process regarding the activities specified at article 39, paragraph (2) point a), the central public environment protection authority applies the procedure set forth in the specific laws on genetically modified microorganisms. Article 41. - (1) Authorizations for the deliberate introduction into the environment of live genetically modified organisms and using genetically modified microorganisms under isolation conditions are issued only to legal entities, in accordance with the specific laws. (2) The import into Romania and the export of a genetically modified organism are done only by legal entities, according to the specific applicable laws. (3) International transport of genetically modified organisms is done according to the national laws, the agreements and conventions on the international transport of goods/hazardous goods, as the case may be, in which Romania is a party. Article 42. The customs authority allows the import/export of genetically modified organisms and cooperates with the central public authorities for environment protection, agriculture, food safety, health and other involved authorities, in accordance with the specific legislation. Article 43. Holders of import agreements for genetically modified organisms and authorizations for activities with genetically modified organisms have the obligation to comply with the requirements on the law for ensuring traceability, labeling, monitoring and to report to the central environment protection public authority and other authorities, as the case may be, the results of such activities, according to the specific laws in force. Article 44. - Legal entities that carry out activities involving genetically modified organisms have the following obligations: a) to apply for and secure the import agreement for genetically modified organisms and/or authorizations for activities with genetically modified organisms, as the case may be; b) to comply with the provisions of the import agreements for genetically modified organisms and/or the authorizations for activities with genetically modified organisms, as the case may be; c) to stop the activity or change the performance conditions, upon request from the relevant authority, if new information appears about risks to environment, human and animal health; d) to be liable, according to this emergency ordinance and the specific applicable laws, for any prejudice caused by such activities; e) to cover the costs for the measures needed to prevent and/or mitigate the consequences of the adverse effects of such activities; f) to apply the disposal measures for activities involving genetically modified organisms/microorganisms, in accordance with the applicable legal provisions. CHAPTER VII-Status of nuclear activities Article 45. - Activities in the nuclear field are carried out in accordance with the provisions of this emergency ordinance and the specific national and international regulations in which Romania is a party. Article 46. - (1) The environmental approval for nuclear practice or activity is issued before the issue of the authorization by the relevant nuclear authorization, regulation and control authority,
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according to the applicable laws. (2) The environmental authorization is issued after the issue of the authorization by the relevant nuclear authorization, regulation and control authority. (3) For installations with a major nuclear risk nuclear power plants, research reactors, nuclear fuel factories and final storage of used nuclear fuel the environmental approval or the environmental authorization are issued by Government decision, upon the proposal of the central environment protection authority. Article 47. - (1) The control of nuclear activities is done by the relevant authority for nuclear activities. (2) The central public environment protection authority has the following functions: a) organizes the monitoring for environment radioactivity in the entire national territory; b) oversees, controls and orders the required measures in connection with the nuclear activities, in order to comply with the legal provisions on environment protection; c) cooperates with the relevant bodies in protecting against disasters, protecting public health and the environment. Article 48. Authorized individuals and entities that carry out nuclear activities, have the following obligations: a) to evaluate, directly or through special structures, the potential risk, to apply for and obtain the environmental authorization; b) to apply the procedures and to provide for equipment for new activities that would allow the least reasonable level of radioactivity doses and risks on the population and the environment, to apply for and obtain the environmental approval or the environmental authorization, as the case may be; c) to apply, using their own systems, programs for monitoring the radioactive contamination of the environment, ensuring that the requirements for the disposal of the radioactive substances provided by the authorization are complied with and that radioactivity doses are kept within the allowed limits; d) to maintain in a good operating condition the local environment monitoring capacities, in order to detect any significant radioactive contamination that would occur from an accidental discharge of radioactive substances; e) to promptly report to the relevant authority any significant increase in the contamination of the environment and whether it is caused by the activity or not; f) to check on a permanent basis the correctness of the assumptions made in the probabilistic assessment on the radiological consequences of radioactive discharges; g) to ensure storage of the radioactive waste, in conditions that are safe for public health and the environment. CHAPTER VIII-Preserving biodiversity and protected natural areas Article 49. - (1) The central public environment protection authority, together with the central and local public authorities, as the case may be, prepares technical regulations regarding the measures for the protection of ecosystems, the preservation and sustainable use of the components of the biological diversity. (2) The status of protected natural areas, the preservation of natural habitats, of wild flora and fauna are subject to the provisions of this emergency ordinance, and of the specific applicable laws. (3) When designing works that could alter the natural environment of a protected natural area it is mandatory to perform an impact assessment procedure on it, followed by proposing technical
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solutions for maintaining the natural habitat areas, the preservation of ecosystem functions and protection of wild flora and fauna species, including migratory species, in keeping with the alternative and the requirements set forth in the environmental approval, self-monitoring and monitoring by the administrative structures until completed. (4) Holders of ground and water areas, under any title, that are subject to ecological restoration or are within a protected natural area, have the obligation to apply and/or comply with the measures determined by the relevant environment protection authority. __________ Paragraphs (1) and (3) were amended by article I point 18 of Law no. 265/2006. Article 50. - Abrogated. __________ The article was abrogated by article 57 point b) of the EGO no. 57/2007. Article 51. - (1) The central public environment protection authority determines the list of sites of community interest and areas of special fauna protection, which it sends to the European Commission upon accession, together with the standard Forms Natura 2000, filled in for each separate site. (2) The Standard Form Natura 2000 determined by the European Commission is approved by order of the leader of the central environment protection public authority, within 30 days of this emergency ordinance coming into force. (3) Sites or community interest are declared by order of central environment protection public authority, and after their status is recognized by the European Commission they become special areas of conservation and are declared by Government decision. (4) The management of sites of community interest requires adequate management plans, specific or integrated with other management plans and legal, administrative or contractual measures to avoid the deterioration of natural habitats and habitats of species, as well as any disturbance to the species for which the areas were designated. Any plan or project that is indirectly connected or needed for the site management, but could significantly affect it, is subject to an impact assessment study, taking into account the conservation objectives for the area, and in consultation with the public. Plans or projects in the respective sites that would affect the area are not accepted. (41) Abrogated. (5) Abrogated. (6) Abrogated. __________ Paragraph (41) was introduced by article I point 19 of Law no. 265/2006. - Paragraph (5) was amended by article I point 20 of Law no. 265/2006. - Paragraphs (41), (5) and (6) were abrogated by article 57 point b) of the EGO no. 57/2007. Article 52. - (1) Compliance with the provisions of the regulations and management plans of the protected natural areas, approved according to the legal provisions, is mandatory. (2) In protected natural areas, it is prohibited: a) to carry out programs, projects and activities that are contrary to the management plans or the regulations for the protected natural areas; b) to change the purpose of the land without the approval of the administrative structures; c) to carry out grazing and place sheep farms without the approval of the administrative structures;
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d) mobile vending commercial activities, without the approval of the administrative structures. (3) On the territory of the protected natural areas, in addition with the interdictions specified in the management plans and the regulations, it is prohibited: a) to destroy or damage the information panels and signs, buildings, enclosures, barriers, plates, poles, markings or any other items of the inventory of the protected natural areas; b) to light and use open fire outside special locations arranged and marked for this purpose by the administrators or custodians of the protected natural areas; c) to abandon wastes outside the specially marked and signaled places for collection, if any; d) to enter the protected natural areas with motorized means using fossil fuels, for sport, outside the roads that are open to public access and special grounds; e) exploiting any non-renewable mineral resources from the national parks, natural preserves, scientific preserves, natural monuments and the areas of special conservation of natural parks. In the natural parks, outside the special conservation areas, exploiting any non-renewable mineral resources is allowed only if this is specifically provided for in the management plans and regulations thereof. (4) For any project funded from community funds it is necessary to obtain the permit Natura 2000. The competence and procedure for issuing the Natura 2000 permit are determined by order of the leader of the central environment protection public authority, within 12 months of this emergency ordinance coming into force. __________ Paragraph (2) was amended by article I point 21 of Law no. 265/2006. - Point d) of paragraph (3) was amended by article I point 22 of Law no. 265/2006. Article 53. - (1) Importing into the country, with the exception of the cases specified by the law, cultures of microorganisms, specimens of plants and wildlife without the import approval for nonCITES species or the CITES permit for the other species, respectively, is prohibited. (2) Exporting species of plants and animals from the wild flora and fauna is done under the export approval for non-CITES species and the CITES permit for the other species, respectively. (3) The competence and procedure for the issue of the import/export approval for plants and/or wildlife, non-CITES and the CITES permit, respectively, are determined by order of the leader of the central environment protection public authority within 6 months of this emergency ordinance coming into force. (4) The activities for the harvesting, capture and/or acquisition and marketing on the domestic market of plants and animals of the wild flora and fauna, ground or water-based, or of parts or products thereof, in live, fresh or semiprocessed state, can be organized only by individuals or entities authorized by the county environment protection public authorities. Article 54. - (1) Starting with the date of Romanias accession to the European Union, growing and testing genetically modified superior plants will be subject to the acquis communautaire. (2) Starting with Romanias accession to the European Union, it is prohibited to grow genetically modified superior plants in Romania, other than those that are accepted in the European Union. (3) The minimum distance from protected natural areas, where growing and/or testing genetically modified superior plants, is determined by common order of the leaders of the central environment protection public authority and the water management, and the central public authority for agriculture, forests and rural development. __________ The article was amended by article I point 23 of Law no. 265/2006.

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CHAPTER IX- Protection of waters and water ecosystems Article 55. - (1) The protection of surface and ground waters and of water ecosystems aims to maintain and improve their quality and biological productivity, in order to avoid negative impacts on the environment, human health and material goods. (2) The conservation, protection and improvement of the quality of coastal and marine waters aimed to gradually reduce discharges, emissions or losses of priority/hazardous priority substances in order to achieve the quality objectives stipulated in the Convention on the protection of the Black Sea against pollution, signed at Bucharest on 21 April 1992, ratified with Law no. 98/1992. Article 56. - (1) The activities for the management and protection of water resources and water ecosystems are subject to the provisions of this emergency ordinance, and of the specific applicable laws. (2) The regulation of activities related to water management and the control of compliance with the provisions on water and water ecosystem protection are done by the relevant environment protection, water management and health authorities. Article 57. The water management authorization for activities subject to the legislation for the prevention and integrated control of pollution is issued in accordance with the relevant legal provisions and is included in the integrated environmental authorization. Article 58. Individuals and entities have the following obligations: a) to perform all the works for the restoration of natural resources, ensuring the migration of water fauna and improving water quality, specified with a deadline in the water management permit or authorization and in the environmental authorization, and to monitor the impact area; b) to acquire, if they own ships, floating platforms or maritime drilling platforms, installations for the storage or treatment of waste, wastewater treatment plants and connections for their discharge into shore or floating installations; c) to equip the ports with installations for the collection, processing, recycling or neutralization of oil, domestic or other waste, stored on the river and seagoing ships, and to create intervention teams in case of accidental pollution of waters and coastal areas; d) not to discharge wastewater from the ships or floating platforms directly into the natural waters and not to throw any kind of waste therefrom; e) not to wash objects, products, packaging, materials that can contaminate the surface waters; f) not to discharge into the surface, ground or maritime waters wastewaters, domestic and sewer discharges, oil substances, priority/hazardous priority substances; g) not to throw and not to store on the shores, riverbeds and moist and coastal areas waste of any kind and not to introduce explosives, electricity, narcotics, priority/hazardous priority substances into the waters. CHAPTER X-Protection of the atmosphere, climatic change, managing ambient noise Article 59. The central public environment protection authority has the following functions and responsibilities: a) develops the national policy and coordinates the actions at national, regional and local level in connection with the protection of atmosphere, climatic change, and the protection of the population from exposure to ambient noise exposure levels that could have a negative impact on human health, in accordance with the specific European and international policies; b) develops, promotes and updates the National strategy for the protection of the atmosphere and the National Action Plan for the protection of the atmosphere; c) develops, promotes and, as the case may be, updates the National Program for the reduction

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of the emissions of sulfur dioxide, nitrogen oxides and powders from large combustion installations; d) coordinates the development of the National Program for the gradual reduction of the emission of sulfur dioxide, nitrogen oxides, volatile organic compounds and ammonia; e) develops, promotes and updates the National strategy on climatic change, the National action plan on climatic change; f) ensures the integration of the policies for the reduction of greenhouse gas emissions and the adjustment to the effects of climatic change in the sector strategies; g) administers the National register for greenhouse gas emissions; h) coordinates the National system for the estimation of greenhouse gases emissions; i) coordinates the implementation of the flexible mechanisms stipulated by the Kyoto Protocol to the United Nations Framework convention on climatic change; j) approves and promotes the National action plan for the reduction of noise levels; k) organizes the monitoring activity for air quality in the entire country; l) determines, as the case may be, by regulatory acts, more restrictive emission ceilings and the measures required for compliance with the national emissions ceilings and for the loads and critical levels. Article 60. - (1) The scheme for the commerce with greenhouse gas emission certificates and the requirements for the preparation of the national plans for the allocation of such certificates are determined by Government decision, upon the proposal of the central environment protection public authority, within 90 days of this emergency ordinance coming into force. (2) The sustainable and unified management of the funds obtained from transactions with the allocated quantitative unit, as specified by the Kyoto Protocol to the United Nations Framework convention on climatic change, adopted on 11 December 1997, ratified by Law no. 3/2001, is done by means of special structures established in the Environmental Fund Administration. __________ Paragraph (2) was amended by article I point 24 of Law no. 265/2006. Article 61. The central public environment protection authority, through its subordinated public authorities, oversees and controls the application of the legal provisions on the protection of the atmosphere and ambient noise management, and, to this end, it: a) orders the temporary or permanent cessation of activities that generate pollution, in order to apply emergency measures or by failure to comply with the compliance program/action plan; b) requires that technological means, restrictions and interdictions be applied in order to prevent, limit or eliminate the pollutant emissions; c) requires that measures be taken in order to comply with the maximum allowed level for the ambient noise. Article 62. Holders, under any title, of land where protective barriers or areas, green areas, parks, hedgerows are located, have the obligation to maintain them in order to improve the regeneration ability of the atmosphere, sound and wind protection. _________ The article was amended by article I point 62 of Law no. 265/2006. Article 63. The authorities having responsibilities regarding border security must not allow mobile pollution sources that do not comply with the applicable legal provisions to enter/leave the country. Article 64. - Individuals and entities have the following obligations in connection with this: a) to comply with the regulations on the protection of the atmosphere, taking adequate
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technological measures for the sequestration and neutralization of atmospheric pollutants; b) to equip their technological installations that are pollution sources, with self-monitoring systems and to ensure the correct functioning of such systems; c) to provide qualified personnel and to provide, on request or under the compliance program, to the relevant environment protection authorities, all the necessary data; d) to improve their technological performance in order to reduce emissions and not to operate installations that would exceed the maximum allowed limits specified by the applicable laws; e) to ensure, when requested by the relevant environment protection authorities, the reduction, alteration or cessation of the pollution-generating activity; f) to ensure special measures and equipment for the soundproofing and protection of noise and vibration generating sources, so that they do not cause, due to their operation, the ceilings for ambient noise to be exceeded. CHAPTER XI-Protection of the ground, underground and ground ecosystems Article 65. The protection of the ground, underground and ground ecosystems, using adequate measures for the management, conservation, organization and land arrangement, is mandatory for all holders, under any title. __________ The article was amended by article I point 26 of Law no. 265/2006. Article 66. - (1) The regulations on the methods of investigation and assessment of ground and underground pollution, for remedies in areas where the ground, underground and ground ecosystems have been affected and those regarding the protection of the quality of ground, underground and ground ecosystems are established by Government decision, upon the proposal of the central environment protection public authority, within 12 months of this emergency ordinance coming into force. (2) The central public environment protection authority, consulting with the other relevant central public authorities, establishes the system for the monitoring of the geological environment quality monitoring in order to assess its current state and its trends of evolution. Article 67. The control of compliance with the legal provisions on the protection, conservation, arrangement and judicious use of the ground, underground and ground ecosystems is organized and carried out by the relevant environment protection authorities, as well as, as the case may be, by other authorities of the relevant public administration, according to the legal provisions. Article 68. Holders of land, under any title, as well as any individual or entity carrying out an activity on land without having legal title thereto, have the following obligations: a) to prevent, based on the specific regulations, the deterioration of the geological environment quality; b) to make sure that measures are taken for the sanitation of land that is not occupied for production or operation, especially if located along road, railroad and navigation paths; c) to comply with any other obligations stipulated by the relevant legal provisions. Article 69. Holders, under any title, of the forest base, forest-like vegetation outside the forests, and of meadows, as well as any individual or entity that carries out any activity on such land, without having legal title thereto, have the following obligations: a) to maintain the forested area of the forest and forest-like vegetation outside the forest, including bushes, shrubberies and meadows, as it is prohibited to reduce them, with the exception of the cases that are stipulated by the law; b) to exploit the lumber according to the law, taking measures for reforestation and supplementing natural regeneration;
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c) to properly manage the waste from such operations, according to the law; d) to make sure that all silvicultural rules related to the exploitation and transport of lumber, determined by the law, are complied with, in order to maintain the biodiversity of the forests and the ecological balance; e) to comply with the silvicultural status, in accordance with the provisions of the laws on silviculture and environment protection; f) to ensure that specific conservation measures are applied for forests with special protection functions, located on ground with high slopes, with processes of sliding and erosion, on detritus, rocks, at the upper altitude limit of forest vegetation, and other similar forests; g) to comply with the silvicultural status set for the conservation of wood vegetation on forested meadows that protect the soil and the water resources; h) to ensure rational exploitation, organization and arrangement of meadows, depending on their regeneration capacity; i) to exploit the forest resources, the hunting and fishing resources according to the relevant legal provisions; j) to exploit the meadows within the capacity limits, with the number and species of animals and during the determined period, based on the studies and the relevant specific provisions; k) to protect the forest, hunting, fishing and grazing heritage in the protected natural areas, under the terms stipulated by the management plans and the specific regulations; l) to notify the environment protection authorities about any accidents or activities that affect the forest ecosystems and other similar ground ecosystems. CHAPTER XII-Protection of human settlements Article 70. In order to ensure a healthy living environment, the authorities of the local public administration, and, as the case may be, the individuals and entities have the following obligations: a) to improve the microclimate of the settlements, by improving and maintaining the water sources and stagnant waters within their limits, to beautify and protect the landscape and maintain hygiene in the streets; b) to provide for, when developing the city planning and land arrangement plans, measures to maintain and improve the natural and man-made landscape of each area and settlement, conditions for landscape and ecological restoration of damaged areas, measures for the sanitary protection of drinking water intakes and flood protection works; c) to comply with the provisions of the planning and land improvement programs with respect to the placement of industrial objective, transport ways and means, sewerage networks, treatment plants, domestic, street and industrial waste storages, and other items and activities, without damage to the environment, areas for rest, treatment and recreation, to the state of health and comfort of the population; d) to inform the public about the risks generated by the operation or existence of items involving a risk for public health and the environment; e) to comply with the special protection status of balneal settlements, tourism and recreation areas, historical monuments, protected areas and natural monuments. It is prohibited to place objectives and carry out activities with harmful effects within their limits and in their protection areas; f) to adopt adequate architectural elements, to optimize the housing density, while at the same time maintaining and developing green areas, parks, tree rows and street protection barriers, landscaping arrangements with an ecological, esthetical or recreational purpose, according to city
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planning and land arrangement programs; g) to regulate, including the temporary or permanent interdiction of access for certain types of vehicles or the performance of activities generating discomfort for the population in certain areas of the settlements, mainly in residential areas, or areas for treatment, rest, recreation and relaxation; h) to deteriorate the natural or arranged environment by uncontrolled storage of any kind of waste; i) to adopt measures, mandatory for individuals and entities, with respect to the maintenance and beautification, as the case may be, of buildings, yards and their surroundings, green areas in the yards and between buildings, decorative trees and shrubs; j) to initiate local project for the establishment, maintenance and development of the sewer system. __________ Points a) and f) were amended by article I point 27 of Law no. 265/2006. Article 71. - (1) Changing the purpose of land arranged as green areas and/or specified as such in the city planning documentation, reducing its area or moving it is prohibited, regardless of its legal status. (2) Administrative or legal acts issued or concluded without compliance to paragraph (1) are absolutely null and void. __________ The article was amended by the sole article, point 1 of the EGO no. 114/2007. Article 72. When developing city planning and land arrangement programs, the provisions of this emergency ordinance and of the special regulations must be complied with and measures must be provided for the maintenance and improvement of the natural and man-made landscape of each area and settlement, requirements for landscape and ecological restoration of damaged areas and measures for the development of green areas, the sanitary protection of drinking water intakes and flood protection works. Article 73. City planning and land arrangement plans are subject to the environmental assessment procedure, in order to obtain the environmental permit for plans and programs, according to the applicable laws. CHAPTER XIII-The Regional Committee for environment protection Article 74. - (1) In each regional environment protection agency, a Regional Committee for environment protection is organized, referred to hereinafter as the Regional Committee. (2) The membership of the Regional Committee is the following: a) a representative of the central environment protection public authority; b) a representative of the National Environment Protection Agency; b1) a representative of the National Agency for Protected natural areas and Biodiversity conservation; c) a representative of the regional environment protection agency; d) a representative of the county environment protection agencies of that region, designated by the National Environment Protection Agency; e) a representative of the Regional Commission of the National Environment Guard for that region; f) a representative designated by the central public authority for public finance, from a county of
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that region; g) a representative of the public authority for health, from that region; h) a representative of the central public authority in agriculture, forests and rural development, from that region; i) a prefect from that region, nominated by the central public authority in public administration; j) a president of a county council, nominated by the presidents of the county councils from that region; k) a representative of the Water Directorate from that region; l) a representative of operators from that region, designated by the regional environment protection agency; m) a representative of the central public authority for transports, constructions and tourism; n) a representative elected by the non-government organizations located in that region; o) a mayor of a county capital, nominated by the mayors of the other county capitals from that region. (3) Representatives of the public authorities are designated by the leaders of such authorities. (4) Representatives of the local public administration that are members of the Regional Committee function within it only during the mandate of the position that they represent. (5) The Regional Committee cooperates with the regional environment protection agency in the application at regional level, of the national strategy and policies for environment protection, and to this end it has the following functions: a) sanctions the regional action plan for environment protection and the specific regional sector plans and reviews their implementation progress; b) sanctions the list of priority projects that are to be funded from community funds and/or other funds identified at regional level and oversees their application; c) evaluates the progress in fulfilling the undertakings made when negotiating the environment chapter for that region and recommends the priority actions for compliance; d) establishes programs for educating and raising the awareness of the public about environment protection. (6) The regional environment protection agency acts as secretary of the Regional Committee. (7) The Regional Committee has access to environment-related information in the possession of any public authority, to environment-related information held by public institutions and businesses, according to the law. (8) The regulations for the organization and operation of regional committees for environment protection are established by Government decision, upon the proposal of the central environment protection public authority, within 120 days of this emergency ordinance coming into force. __________ Point b1) of paragraph (2) was introduced by article I point 29 of Law no. 265/2006. - Point o) de la paragraph (2) was introduced by article I point 30 of Law no. 265/2006. CHAPTER XIV-Functions and responsibilities Section 1-Functions and responsibilities of the environment protection authorities Article 75. The central public environment protection authority has the following functions and responsibilities: a) updates the strategy for environment protection, in keeping with the principles and strategic elements specified in this emergency ordinance; b) develops the recommendations and acts for the integration of environment policies in the
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sector strategies and policies; c) coordinates the training for environment protection; d) correlates environmental planning with land arrangement and city planning and establishes measures for ecological reconstruction; e) creates its own information system and sets the terms and conditions for the free access to environment-related information and public participation in environmental decision making; f) establishes the infrastructure for spatial information to be used for environmental policies and policies or activities that could have an impact on the environment; g) initiates bills for statutes, technical norms, regulations and specific procedures; h) sanctions the norms and regulations concerning the activities with an impact on the environment, developed by other authorities and controls their application; i) organizes the national system for the integrated monitoring of the environment quality, coordinates its activity and ensures that the central health authority is informed about the results of the monitoring for the radioactive contamination in the environment; j) creates the institutional and administrative framework for the identification and promotion of research programs, for the training of qualified personal for environment monitoring, analysis, assessment and control; k) implements the environment protection policies, strategies and regulations through the National Environment Protection Agency and the regional and county environment protection agencies; l) appoints panels of experts to evaluate the prejudice caused to the environment by certain activities that involve genetically modified organisms; m) provides, against payment, consultation with scientific bodies and domestic and foreign experts, as the case may be; n) develops and implements programs and develops educational materials regarding the environment protection; o) monitors, within its competence sphere, how the obligations undertaken under international conventions in which Romania is a party are complied with; p) oversees and analyzes the application of this emergency ordinance, prepares, through the National Environment Protection Agency, annual reports on the state of the environment; q) cooperates with similar organizations and authorities from other countries and represents the Government in the international relations for environment protection; r) applies penalties, through the National Environment Guard, for failure to comply with the environmental laws and for failure to comply with the requirements of the regulatory acts for the owners of the activities; s) cooperates with the public authorities and other entities, in order to mitigate the adverse effects of the economic activities on the environment and encourages the introduction of techniques and technologies that are adequate for the environment; t) makes data available to the public regarding the state of the environment, the environment protection programs and policies; t') consults, at least once a year, with the representatives of non-government organizations and other representatives of the civil society in order to establish the strategy for environment
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protection; u) identifies, in cooperation with the Ministry of Public Finance, new financial instruments favoring the protection and improvement of quality of the environment elements; v) carries out inspections and control in connection with environment protection through the National Environment Guard; w) cooperates with the public authorities of civil protection in order to develop operational plans and for common interventions in case of pollution or ecological accidents; x) develops the Medium-Term Sector Operational Program, having the responsibility for the management, implementation and handling of the financial support allocated to this program; y) proposes, in special circumstances, determined based on the data obtained from the environment monitoring, that areas in certain regions of the country be declared by means of a Government decision as having high risk of pollution, and develops, together with other central or local public authorities, special programs for eliminating the risk that appeared in such areas, to be approved by Government decision. After eliminating the factors with a high pollution risk, based on the new data resulting from the monitoring of the environment state, that area is declared to have returned to normal; z) authorizes laboratories for environment quality control. __________ Point n) was amended by article I point 31 of Law no. 265/2006. - Points t) and y) were amended by article I point 32 of Law no. 265/2006. - Point z) was introduced by article I point 33 of Law no. 265/2006. Article 76. - (1) The National Environment Protection Agency, a public institution with legal personality, funded entirely from the state budget, is the specialized body for the implementation of the policies and legislation in environment protection, subordinated to the central environment protection public authority. (2) The organizational structure, the personnel numbers, the functions and powers of the National Environment Protection Agency are established by Government decision, upon the proposal of central environment protection public authority. Article 77. The relevant environment protection authorities are public institutions with legal personality, funded entirely from the state budget. Article 78. In the exercise of its duties, the relevant environment protection authority requests the necessary information from other central public authorities, the authorities of the local public administration, from individuals and entities. Article 79. - (1) In the exercise of their duties, regional commissaries, chief commissaries and commissaries of the National Environment Guard, as well as any authorized persons thereof, have access, according to the law, at any time and to any location where an activity generating an impact on the environment takes place. (2) Naval and road transport and intervention means of the relevant environment protection authorities have a blue warning light and a warning siren. (3) Any individual or entity damaged by the exercise of the verification, inspection and control duties may file a complaint with the competent bodies within 15 days of establishing such
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damage. (4) In the objectives, facilities and areas with a special status of the interior, justice and national security, the personnel of paragraph (1) has access only in the presence of their specialized personnel, as the case may be. (5) In the objectives, facilities and areas belonging to structures of the defense, public order and national security system, control is carried out by the specialized personnel of the Ministry of National Defense, Ministry of Administration and Interior, the Romanian Information Service, the Exterior Information Service, the Protection and Guard Service and the Special Telecommunications Service. Section 2- Functions and responsibilities of other central and local authorities Article 80. - The authorities of the central public administration have the following obligations: a) to develop the policies and strategies applicable for their own field activity, in accordance with the principles of this emergency ordinance; b) to ensure the integration of the environment policies in the specific policies; c) to develop sector-wide plans and programs, in keeping with the provisions of this emergency ordinance; d) to ensure the preparation and sending to the relevant environment protection authorities of the information and documentations required to obtain the environmental permit for the plans and programs for which the environmental assessment is required; e) to ensure, in their organizational structure, bodies with duties in environment protection, staffed with specialized personnel; f) to develop, with the support of the central environment protection public authority, restructuring programs, consistent with the environment protection strategy and environment policies and to assist the units under its coordination, subordination or authority in implementing such programs; g) to develop the norms and regulations specific for the field of activity in accordance with the requirements of the environment protection laws and submit them for sanction to the central environment protection public authority. Article 81. - Public authorities with duties in development and forecasting have the following functions and responsibilities: a) to develop development policies based on the principles of sustainable development, taking into account possible effects on the environment; b) to integrate in their policies measures and actions for the restoration of affected areas and disaster prevention measures; c) to develop Regional development plans and other plans and programs, according to the applicable laws; d) cooperates with the relevant environment protection authorities in preparing and applying strategies, plans and programs in their specific fields of activity; e) cooperates with the relevant authorities in identifying and implementing priority projects funded from foreign sources. Article 82. The central public authority for health has the following functions and responsibilities: a) organizes and coordinates the monitoring of the populations state of health in connection with the risk factors in the environment; b) oversees and controls the quality of drinking and bathing water and the quality of food

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products; c) develops, in cooperation with the central public environment protection authority, regulations regarding the quality and hygiene of the environment and controls their application; d) cooperates with the central public environment protection authority in managing the quality of the environment in connection with the populations state of health; e) cooperates with the central environment protection authority in authorizing the activities specified at article 24 and 39 and in issuing the import approval for such activities; f) carries out specialized control on the activities of article 24-28, and article 39 in order to prevent any adverse effect on the state of health of the population, of workers and the environment and sends the results of such controls and the measures taken to the relevant authorities; g) cooperates with the other central public authorities having their own health network, in order to know exactly the populations state of health and to comply with the environment hygiene norms in the field of activity; h) cooperates, at a central and local level, in ensuring public access to health-related information in connection with the environment. Article 83. The Ministry of National Defense has the following functions: a) develops specific norms and instructions for its fields of activity, in accordance with the environment protection laws; b) oversees the compliance by the personnel of the Ministry of National Defense of the environment protection norms for activities in the military zones; c) controls the actions and applies penalties for breaches by the personnel of the Ministry of National Defense of the environment protection laws in connection with the military; d) carries out the environmental impact assessment, the location report and, as the case may be, the security report, through specialized structures, certified by the central public environment protection authority, only for projects and activities in military zones; e) ensures the information of the relevant environment protection authorities with respect to the results of self-monitoring of pollutant emissions and the environment quality in the impact zone, as well as any accidental pollution caused by the activity. Article 84. The central public authorities for national security have the following functions and responsibilities: a) to perform environment protection actions through their own structures, carrying out control, guidance and coordination, in order to preserve and maintain the ecological balance in their fields of activity; b) to develop specific norms and instructions, in keeping with the principles of this emergency ordinance, in its fields of activity; c) oversee the compliance of their subordinated personnel with the environment protection norms, for their own activities; d) control and apply penalties for breach by their own personnel of the environment protection laws in its field of activity; e) carry out the environmental impact assessment of their own objectives and activities through specialized structures, certified by the central public environment protection authority. Article 85. The central public authority for education and research ensures: a) the adjustment of the education plans and programs at all levels in order to acquire the notions and principles of environment protection, to raise awareness, train and educate in this field; b) promoting study subjects and research programs that meet the priorities set by the central public environment protection authority;
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c) developing educational programs in order to foster responsible behavior towards the environment; d) developing specific scientific research programs and studies for the control of biotechnological products and processes and preventing, reducing or eliminating the risks involved in the obtaining and use of genetically modified organisms by modern biotechnological techniques; e) cooperates with the central public environment protection authority in authorizing the activities specified at article 39, in its field of activity; f) carries out specialized control for the activities specified at article 39, in its field of activity, in order to prevent any adverse effect on the state of health of the population, workers and the environment and sends the results of such controls and the measures taken to the relevant authorities. Article 86. - The central public authority in economy and commerce has the following functions: a) develops the policies and strategies that are applicable in its own field of activity in accordance with the environment protection laws; b) develops and applies at a national level the strategy for the exploitation of mineral resources, in accordance with the provisions of this emergency ordinance; c) develops the policies for the recycling and valorization of industrial waste; d) develops and promotes the environment protection laws in its specific fields of competence; e) cooperates with other central public authorities in developing financial mechanisms for stimulating the use of clean technologies; f) cooperates in the development and promotion of the norms ensuring the implementation of the requirements regarding the prevention and integrated control of pollution for certain categories of industrial activities; g) encourages the introduction of environmental management systems and of the eco-label; h) promotes norms and ensures their implementation in connection with hazardous substances and preparations; i) carries out specialized control in connection with the activities specified at articles 24-28. Article 87. - The central public authority for agriculture, forests and rural development has the following functions and responsibilities: a) ensures the protection and conservation of soils and maintaining the land heritage; b) initiates bills for statutes regarding the volume of wood harvested each year from the national forests, based on the opinion of the central environment protection public authority, according to the applicable laws; c) provides authorization for growers of genetically modified superior plants; d) approves the locations and areas on which genetically modified superior plants are to be grown, for authorization by the central public environment protection authority; e) cooperates with the central environment protection authority in the authorization and control of the activities specified at article 39; f) ensures, through the national register, keeping track of the cultivated areas and the growers of genetically modified superior plants; g) applies the principle of coexistence of genetically modified superior plants cultures with other types of agricultural cultures; h) ensures the information of the central environment protection public authority on the results of the control and the measures taken in connection with genetically modified organisms. __________ Point d) was amended by article I point 34 of Law no. 265/2006. Article 88. - The central public authority in transports, constructions and tourism has the
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following functions and responsibilities: a) develops plans and programs that materialize the national land arrangement and settlement policies, in keeping with the principles of this emergency ordinance and the specific laws on the environmental assessment for plans and programs; b) develops and applies programs for the development of the transport infrastructure, of multimode transports and combined transport, in compliance with the provisions of this emergency ordinance; c) provides exhaust gas control; d) develops action plans and programs for the improvement of the environment quality and its protection, including in connection with the noise and vibrations for all transport modes and their infrastructures; e) oversees the protection of the natural heritage, including measures imposed to units that carry out tourism activities and encouraging the application of the principles of ecotourism. Article 89. - The central public authority in administration and interior has the following functions and responsibilities: a) develops strategies in local administration and the production and distribution of thermal energy in accordance with the environment protection laws; b) develops specific norms and instructions, in accordance with the principles of this emergency ordinance, for its fields of activity; c) oversees the compliance by its subordinated personnel with the environment protection norms for its own activities; d) applies penalties for violations of the environment protection laws by its personnel; e) supports the relevant environment protection authorities in exercising the control over the transports of substances and materials that are subject to a special status, based on the norms approved by the central public environment protection authority; f) participates, according to its functions, in the actions for the prevention, protection and intervention in case of ecological accidents, through the Emergency Situation Inspectorates. Article 90. - The authorities of the local public administration have the following functions and responsibilities: a) to apply the provisions of the city planning and land arrangement programs, in keeping with the principles of this emergency ordinance; b) to oversee compliance with the environment protection laws by the businesses that provide public administration services; c) to adopt programs and projects for the development of settlement infrastructure, in keeping with the provisions of this emergency ordinance; d) to have specialized personnel for environment protection and to cooperate for this purpose with the environment protection authorities; e) to foster an adequate attitude of local communities in connection with the importance of the environment protection; f) to ensure, through the public service and responsible operators, that appropriate measures are taken for the sanitation of settlements, maintenance and administration of green areas, squares and public parks; g) to conserve and protect urban and/or rural green areas, in order to ensure the optimum area determined by the applicable regulations. In settlements where it is not possible to achieve it, the conservation of green areas is a priority; h) oversees the subordinated economic operators in order to prevent the accidental discharge of pollutants or uncontrolled storage of waste and for the development of the systems for the collection of reusable waste;
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i) Abrogated. __________ Point d) was amended by article I point 35 of Law no. 265/2006. - Point i) was abrogated by article I point 36 of Law no. 265/2006. Article 91. The national authority for animal health and food safety has the following functions and responsibilities: a) develops, in cooperation with the central public environment protection authority, regulations concerning genetically modified organisms, to ensure a high level of protection of human life and health, animal health and welfare; b) controls the activities under its field of activity and product traceability; c) cooperates with the central public environment protection authority in establishing harmonized, efficient and transparent procedures for risk assessment and authorization of genetically modified organisms, and of criteria for the assessment of potential risks from using genetically modified food for animals; d) informs the central public environment protection authority about the results of the control and the measures taken in connection with the genetically modified organisms. Article 92. The National Authority for Consumer Protection has the following functions and responsibilities: a) develops, in cooperation with the central public environment protection authority, regulations concerning genetically modified organisms, to ensure a high level of protection of human life and health, animal health and welfare, protecting the environment and consumer interest; b) develops, together with the central public authorities for environment protection, for agriculture, silviculture and the animal health and food safety authority, regulations concerning biocide products, chemical fertilizers, plant protection products, genetically modified organisms obtained by modern biotechnological techniques and ensures the control of their application in its field of competence; c) controls the traceability and labeling of genetically modified organisms throughout all the stages of their introduction into the market; d) ensures the control of activities in its field of activity and of product traceability and communicates to the central environment protection authority the results of such control. Article 93. The Police, Gendarmerie, Inspectorates for Emergency Situations and the Financial Guard have the obligation to provide support, if requested to, to the representatives of the relevant environment protection authorities in the exercise of their duties. Section 3- Obligations of individuals and entities Article 94. - (1) Environment protection is an obligation of all individuals and entities, and for this purpose they must: a) apply for and obtain regulatory acts, according to the provisions of this emergency ordinance and any subsequent legislation; b) comply with the conditions in the obtained regulatory acts; c) not operate installations whose emissions exceed the allowable values set forth in the regulatory acts; d) legal entities that carry out activities with a significant impact on the environment must organize their own specialized environment protection structures; e) assist the persons authorized for verification, inspection and control, making available to them the records of their own measurements and any other relevant documents, and facilitate the control of the activities they own, as well as taking samples;
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f) ensure access to authorized persons for verification, inspection and control to the technological installations that generate an impact on the environment, to the depollution equipment and installations, and in the related areas; g) implement, fully and within the required time, all the measures required by the ascertainment acts made by the authorized persons for verification, inspection and control ; h) comply with the written order for activity cessation; i) cover the costs for repairing the prejudice and remove the consequences, reestablishing the prior condition before the damage, according to the principle "the polluter pays"; j) provide their own systems for the monitoring of installations and technological processes and for the self-monitoring of polluting emissions; k) keep records of the results and report to the relevant environment protection authority the results of self-monitoring of polluting emissions, according to the regulatory act provisions; l) inform the relevant authorities, in case of accidental releases of pollutants into the environment or a major accident; m) store waste of any kind exclusively in locations that are authorized for this purpose; n) not burn harvested remains, shrubs or grassy vegetation without the agreement of the relevant environment protection authority and without first notifying the public community services for emergency situations; o) apply the conservation measures established by the central public environment protection authority on the land and water areas that are subject to a conservation status as natural habitats, which they manage, and for their ecological restoration; p) not use dangerous bait in fishing and hunting, with the exception of specifically authorized cases: q) ensure optimum living conditions, in accordance with the legal provisions, for wildlife that is legally kept in captivity, under various forms; r) ensure that measures are taken for the sanitation of land held under any title, which is not occupied for production or use, especially for land located along roads, railroads and navigation ways; s) provide identification upon the express request of the inspection and control personnel specified in this emergency ordinance. (2) Individuals or entities that prospect, explore or exploit ground and underground resources have the following obligations: a) to remedy the areas where the ground, underground or the ground ecosystems have been affected; b) to notify environment protection authorities or, as the case may be, other relevant authorities, according to the law, about any accidental situations that endanger the environment and to act for its restoration. (3) Individuals and entities that grow genetically modified superior plants have the following obligations: a) to apply for and obtain authorization from the relevant public authority for agriculture; b) Abrogated. (4) Individuals and entities have the following obligations for the compliance with the status of protected natural areas: a) to comply with the provisions of the management plans and regulations of the protected natural areas; b) not to carry out activities that are against management plans and regulations of the protected natural areas, and the provisions of this emergency ordinance; c) Abrogated;
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d) to allow access to the protected natural area of the administrators or custodians and their representatives, on land held under any title. __________ Point r) de la paragraph (1) was amended by article I point 37 of Law no. 265/2006. - The introductory part of paragraph (2) and point b) were amended by article I point 38 of Law no. 265/2006. - Point a) of paragraph (3) was amended by article I point 39 of Law no. 265/2006. - Point b) of paragraph (3) was abrogated by article I point 40 of Law no. 265/2006. - Point a) of paragraph (4) was amended by article I point 41 of Law no. 265/2006. - Point c) of paragraph (4) was abrogated by article I point 42 of Law no. 265/2006. Article 95. - (1) Responsibility for the prejudice caused to the environment is objective, independent of fault. In case of multiple authors, responsibility is joint. (2) Exceptionally, responsibility may be subjective for prejudice caused to protected species and natural habitats, according to the specific regulations. (3) The prevention and reparation of the prejudice caused to the environment are done according to the provisions of this emergency ordinance and the specific regulations. CHAPTER XV-Penalties Article 96. - (1) Violations of the following legal provisions are contraventions and are penalized with a fine ranging from 3,000 lei (RON) to 6,000 lei (RON), for individuals, and from 25,000 lei (RON) to 50,000 lei (RON), for entities: 1. the obligations of legal entities to create self-monitoring systems and to report to the local public environment protection authority the results of self-monitoring and/or any other required data, as well as any accidents and incidents that may lead to the danger of accidents; 11. the obligation of the local public authorities not to change the purpose of land arranged as green areas and/or specified as such in the city planning documentation, not to reduce its surface or the obligation not to move it; 2. the obligations of legal entities to keep strict records of hazardous substances and preparations and to provide the information and data required by the relevant environment protection authority; 3. the obligations of legal entities to identify and prevent the risks that hazardous substances and preparations may have for the health of the population and the environment and to announce any impending unexpected or accidental discharges to the relevant environment protection and civil protection authority; 4. the obligation of authorized individuals and entities to apply, using their own systems, programs for monitoring the radioactive contamination of the environment, which will ensure compliance with the conditions regarding the disposal of radioactive substances contained in the authorization and maintaining the radioactive doses within the allowed limits; 5. the obligations of authorized individuals and entities to maintain in functioning condition the capacity for monitoring the local environment in order to detect any significant radioactive contamination that may occur from an accidental discharge of radioactive substances; 6. the obligation of land owners and holders, with or without title, to maintain the forest barriers and protection lines, parks, hedgerows, in order to improve the regeneration of the atmosphere, sound and wind protection; 7. the obligation of land owners and holders, with or without title, to prevent, based on the specific regulations, the deterioration of the geological environment quality;
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8. the obligation of land owners and holders, with or without title, to ensure, when placing, designing, building and commissioning objectives of any kind, and also when changing the purpose of land, the conditions stipulated in the environmental approval and authorization/integrated authorization; 9. the obligation of land owners and holders, with or without title, not to burn harvest remains, shrubs or grassy vegetation without the approval of the relevant environment protection authority and without first notifying the public community services for emergency situations; 10. the obligation of land owners and holders, with or without title, to take measures for the sanitation of land that is not occupied for production or use, especially if located along roads, railroads or navigation ways; 11. the obligations of holders with any title of land areas to protect the existing wild flora and fauna, in order to maintain the ecological balance and preserve biodiversity, and for the sustainable exploitation of resources, according tot he applicable legal provisions, in order not to cause prejudice to the environment and to human health; 12. the obligations of the local public administration authorities and of individuals and entities, as the case may be, to adopt and/or apply mandatory measures for the maintenance and beautification of buildings, yards and surroundings, green areas in yards and between buildings, trees and decorative shrubs, in accordance with the city planning programs; 13. the obligation of the local public administration authorities and of individuals and entities, as the case may be, to provide, in the development of city planning and land arrangement programs, for measures to maintain and improve the natural and man-made landscape of each area and settlement, landscape and ecological restoration conditions for the damaged areas and measures for the development of green areas, sanitary protection of drinking water intakes and flood protection works; 14. the obligation of the local public administration authorities and of individuals and entities, as the case may be, not to change the purpose of land arranged as green areas specified in the city planning programs; 15. the obligation of the local public administration authorities and of individuals and entities, as the case may be, not to damage the environment by uncontrolled storage of any kind of waste ; 16. the obligation to carry out within the protected natural areas only such activities that are compliant with the management plans and regulations of the protected natural areas; 17. Abrogated; 18. the obligation not to destroy or damage the information panels and signs, buildings, enclosures, barriers, plates, poles, markings or any other items of the inventory of the protected natural areas; 19. the obligation to only light and use open fire in the special locations arranged and marked for this purpose by the administrators or custodians of the protected natural areas; 20. the obligation not to abandon wastes in the protected natural areas or to store it only in specially marked and arranged places for collection, if any; 21. the obligation not to enter protected natural areas and practice sport outside the roads open to public access with motorized means based on fossil fuels; 22. the obligation to comply with the provisions of the management plans and the regulations of the protected natural areas approved according to the law; 23. the obligation to provide identification upon the express request of the inspection and control personnel specified in this emergency ordinance; 24. Abrogated; 25. the obligation to allow access to the protected area to administrators and custodians and their representatives, on land held under any title;
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26. the obligation of individuals not to discharge household wastewater into the surface or ground waters; 27. growing genetically modified superior plants without authorization. (2) Violations of the following legal provisions are contraventions and are penalized with a fine ranging from 5,000 lei (RON) to 10,000 lei (RON), for individuals, and form 30,000 lei (RON) to 60,000 lei (RON), for legal entities: 1. the obligation of individuals and entities to apply for and obtain regulatory acts according to the legal provisions, and the import/export approval and authorizations for genetically modified organisms, according to the legal provisions, within the periods set forth by the authority; 2. Abrogated; 3. the obligations of the local public administration authorities for the improvement of the urban microclimate by arranging and improving springs and water areas within settlements and the neighboring areas, to beautify and protect the landscape and to keep the settlements clean; 4. the obligation of the local public administration authorities to inform the public about the risks generated by the operation or existence of objectives with a risk for the environment and public health; 5. the obligations of the local public administration authorities to adopt the adequate architectural elements, optimize the habitation density, while at the same time keeping, maintaining and developing green areas, parks, tree lines and street protection barriers, landscape arrangements with an ecological,, esthetic and recreational function; 6. the obligations of the local public administration authorities to regulate the access of certain types of vehicles or the performance of activities that generate discomfort for the population in certain areas of the settlements, mainly in residential areas, areas for treatment, rest, recreation and relaxation, including their temporary or permanent prohibition; 7. the obligations of the local public administration authorities to oversee the implementation of the city planning and land arrangement programs, in accordance with the environment planning; 8. the obligations of the local public administration authorities to monitor the economic operators subordinated to them in order to prevent the accidental discharge or uncontrolled storage of waste and to develop systems for the collection of reusable waste; 9. the obligations of the local public administration authorities to have specialized personnel for environment protection and to cooperate for this purpose with the environment protection authorities; 10. the obligations of the local public administration authorities to ensure, through public services and responsible economic operators, the sanitation of streets, green areas, squares and public parks and their maintenance; 11. the obligations of the local public administration authorities to comply with the provisions of the city planning programs about the location of industrial objectives, transport ways and means, sewerage networks, treatment plants, household, street and industrial waste storages, and other objectives, without prejudice to the environment, rest, treatment and recreation areas, population health and comfort; 12. the obligations of the local public administration authorities to develop, maintain and develop the sewerage networks; 13. the obligations of individuals and entities to provide and/or use correct information for the preparation of environmental assessments, environmental impact assessments, environmental balances and location reports; 14. the obligations of individuals and entities to ensure special measures and equipment for the soundproofing and protection of noise and vibration generating sources, so that they do not cause, due to their operation, the ceilings for ambient noise to be exceeded;
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15. the obligations of individuals and entities to deliver, handle, transport and market chemical fertilizers and plant protection products packaged with identification and warning signs, safety and use instructions, under conditions that do not cause the contamination of the transport means and of the environment; 16. the obligations of legal entities to temporarily store chemical fertilizers and plant protection products only packaged and in places where all security measures have been taken; 17. Abrogated; 18. the obligations of individuals and entities not to use chemical fertilizers and plant protection products in the areas or on the surfaces where special protection measures are established; 19. the obligations of individuals and entities to administer the plant protection products with aviation means only with the approval of the relevant environment protection authorities, the relevant sanitary authorities and of the county boards for honey plants and pastoral beekeeping, according to the applicable regulations, after prior notification through the mass media; 20. the obligations of individuals and entities to apply, during the period when plants whose pollination is done by insects, only treatments with plant protection products that are selective to the pollinating insects; 21. the obligations of individuals and entities not use dangerous bait in fishing and hunting, with the exception of specifically authorized cases; 22. the obligations of individuals and entities to perform the environmental impact assessment when designing works that could alter the natural framework of a protected natural area, and to propose technical solutions for maintaining the natural habitat areas, the preservation of ecosystem functions and protection of wild flora and fauna species, including migratory species, in keeping with the alternative and the requirements set forth in the environmental approval, selfmonitoring until completed; 23. the obligations of individuals and entities that manage land and water areas subject to a conservation status as natural habitats or for ecological restoration, to apply the conservation measures determined by the central public environment protection authority; 24. the obligation of individuals and entities to ensure optimum living conditions, in accordance with the legal provisions, for wildlife that is legally kept in captivity, under various forms; 25. the obligation of individuals and entities not to take any action that would lead to the destruction of natural habitats, of wild flora and fauna in the country; 26. carrying out harvesting, capture and/or acquisition and marketing on the domestic market of plants and animals of the wild flora and fauna, ground or water-based, or of parts or products thereof, in live, fresh or semiprocessed state, by individuals or entities who are not authorized by the local environment protection public authorities ; 27. the obligations of individuals and entities that prospect, explore or exploit ground and underground resources to remedy the areas where the ground, underground or the ground ecosystems have been affected; 28. the obligations of individuals and entities to perform in due time all the works required to ensure the migration of water fauna and to improve the water quality, as specified in the regulatory acts; 29. the obligation of legal entities to apply the measures for the disposal of waste resulting from activities that involve genetically modified organisms; 30. the obligation of individuals and entities to acquire, if they own ships, floating platforms or maritime drilling platforms, installations for the storage or treatment of waste, wastewater treatment plants and connections for their discharge into shore or floating installations; 31. the obligations of legal entities to equip the ports with installations for the collection, processing, recycling or neutralization of oil, domestic or other waste, stored on the river and
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seagoing ships, and to create intervention teams in case of accidental pollution of waters and coastal areas; 32. the obligation of individuals and entities not to cause pollution to the surface waters by washing objects, products, packaging, materials; 33. the obligation of legal entities not to discharge wastewater and household wastewater into surface or ground waters; 34. the obligations of individuals and entities not to throw and not to store waste of any kind on shores, riverbeds, in surface waters and in moist areas; 35. the obligation of individuals and entities not to introduce explosives, electricity, narcotics, priority/hazardous priority substances into the waters. (3) Violations of the following legal provisions are contraventions and are penalized with a fine ranging from 7,500 lei (RON) to 15,000 lei (RON), for individuals, and from 50,000 lei (RON) to 100,000 lei (RON), for legal entities: 1. the obligation of individuals to operate in compliance with the provisions of the environmental authorization and of legal entities to operate in compliance with the provisions of the environmental authorization/integrated authorization, for activities that are subject to regulatory procedures related to the protection of the environment; 2. the obligation of owners of activities that are subject to regulatory procedures related to the protection of the environment to comply with the deadlines set by the relevant environment protection authority in the performance of such procedures; 3. the obligation of individuals and entities to secure the agreement of the administrative structure of the protected natural area or that of the custodian, as the case may be, and of the Commission for the Protection of Natural Monuments of the Romanian Academy, for the placement of projects and/or for carrying out any activities that could generate a negative impact on the protected natural areas; 4. the obligations of individuals and entities to reduce, modify or cease the activities that generate pollution upon a justified request from the environment protection authorities; 5. the obligations of individuals and entities to assist the persons authorized for verification, inspection and control, making available to them the records of their own measurements and any other relevant documents; 6. the obligations of individuals and entities to produce to the relevant environment protection authorities a document, certified as a true copy of the original, including the obligations undertaken in connection with the environment protection, within 60 days of signing or issuing the document attesting the completion of one of the procedures specified at article 10 paragraph (2); 7. the obligations of individuals and entities to facilitate the verification, inspection and control of the activities they own, as well as the taking of samples; 8. the obligations of individuals and entities to ensure access to authorized persons for verification, inspection and control to the technological installations that generate an impact on the environment, to the depollution equipment and installations, and in areas with a potential for generating an impact on the environment; 9. the obligations of individuals and entities to implement, fully and within the required time, all the measures required by the ascertainment acts made by the authorized persons for verification, inspection and control for environment protection; 10. the obligations of legal entities to cover the costs for the measures needed to prevent and/or mitigate the consequences of the adverse effects of activities with genetically modified organisms; 11. the obligations of individuals and entities to manufacture chemical fertilizers and plant
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protection products only using authorized technologies and biotechnologies, according to the legal provisions; 12. introduction into the country, with the exception of cases specified by the applicable laws, of microorganism cultures, living plants and animals from the wild flora and fauna, without the approval issued by the central public environment protection authority in consultation with the Romanian Academy and, as the case may be, the central authority for health; 13. the obligations of individuals and entities to improve their technological performance in order to reduce emissions and not to operate installations that would exceed the maximum allowed limits specified by the regulatory acts; 14. the obligations of individuals and entities to cover the cost for repairing a prejudice that was caused and remove its consequences, according to the principle the polluter pays; 15. the obligation of individuals and entities not to discharge into surface or ground waters any wastewater, oil or dangerous substances, waters containing dangerous substances. (4) Fines applied under a law, emergency ordinance, ordinance or Government decision in connection with environment protection and water management are 100% income for the state budget, of which 25%, corresponding to the personnel incentive fund, is transferred to the State Treasury into the account of the authority of which the ascertaining agent is a member, based on the monthly financial statements prepared and produced by the relevant environment protection authorities, within five business days of receiving them, and is shown in a distinct account, managed as out of budget. __________ The introductory part and point 12 and 16 of paragraph (1) were amended by article I point 43 of Law no. 265/2006. - Point 17 of paragraph (1) was abrogated by article I point 44 of Law no. 265/2006. - Point 26 and 27 were introduced by article I point 45 of Law no. 265/2006. - The introductory part and point 1 de la paragraph (2) were amended by article I point 46 of Law no. 265/2006. - Point 2 of paragraph (2) was abrogated by article I point 47 of Law no. 265/2006. - Point 9 of paragraph (2) was amended by article I point 48 of Law no. 265/2006. - Point 17 of paragraph (2) was abrogated by article I point 49 of Law no. 265/2006. - Point 27 of paragraph (2) was amended by article I point 50 of Law no. 265/2006. - Point 32 and 33 of paragraph (2) were amended by article I point 51 of Law no. 265/2006. - The introductory part and point 4 and 9 of paragraph (3) were amended by article I point 52 of Law no. 265/2006. - Point 15 of paragraph (3) was introduced by article I point 53 of Law no. 265/2006. - Point 24 of paragraph (1) was abrogated by article 57 point b) of EGO no. 57/2007. - Point 11 of paragraph (2) was introduced by the sole article, point 2 of EGO no. 114/2007. Article 97. - (1) The ascertainment of contraventions and application of the penalties specified by article 96 are done by: a) commissaries and authorized persons of the National Environment Guard and the Administration of the Biosphere Preserve Danube Delta; b) the local public administration authorities and their authorized personnel; c) the National Board for the Control of Nuclear Activities, the Ministry of National Defense and the Ministry of Administration and Interior by their authorized personnel, in their respective fields of activity, according to the functions stipulated by the law. (2) Contraventions are also established and the penalties of article 96 are also applied by the personnel of administrative structures and custodians of the protected natural areas, only within
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the limits of the administered protected natural area. (3) The provisions of article 96 regarding contraventions are supplemented with the provisions of Government Ordinance no. 2/2001 on the legal status of offences, approved with subsequent amendments and supplements by Law no. 180/2002, as subsequently amended and supplemented. (4) The offender may pay, on the spot or within 48 hours of the date when the protocol is made or, as the case may be, when it is notified, half of the minimum amount of the fine stipulated by the statute, and the ascertaining agent will mention this possibility in the contravention ascertainment and penalty protocol. (5) Contravention ascertainment acts made by ascertaining agents of the authorities of paragraph (1) are procedural acts, according with the legal provisions, with all the effects stipulated by the applicable laws. __________ Paragraphs (1) and (2) were amended by article I point 54 of Law no. 265/2006. Article 98. - (1) The following deeds are felonies and are punished with imprisonment from 3 months to one year or with criminal fine from 30,000 lei (RON) to 60,000 lei (RON), if they endangered human, animal or vegetal life or health: 1. burning harvested areas, shrubs and grassy vegetation in protected areas and on land that is subject to ecological restoration; 2. accidental pollution due to lack of supervision in performing new works, operating installations, technological equipment and treatment and neutralization, mentioned in the provisions of the environmental approval and/or the environmental authorization/integrated authorization. (2) The following deeds are felonies and are punished with imprisonment from 6 months to 3 years or with criminal fine from 50,000 lei (RON) to 100,000 lei (RON), if they endangered human, animal or vegetal life or health: 1. pollution by intentional discharge into the water, atmosphere or ground of hazardous waste or substances; 2. failure to comply with the restriction or interdictions set forth for the protection of water and atmosphere in the applicable statutes; 3. using dangerous bait and electrical means to kill wildlife and fish for consumption or sale; 4. making noise over the allowed limits, if it seriously endangers human health; 5. failure to comply with the restrictions and interdictions for hunting and fishing on species that are protected or temporarily prohibited by the law and in areas with full protection status according to the specific regulations; 6. continuing activity after the suspension of the environmental approval or the environmental authorization/integrated authorization; 7. failure to supervise and secure storages of waste and hazardous substances, as well as failure to comply with the obligation to only store chemical fertilizers and plant protection products in packaging, in protected areas; 8. presenting, in the environmental assessment, the environmental impact assessment, environmental balance or the location report of false conclusions and information; 9. producing and/or importing for the purpose of introduction into the market and use of hazardous substances and preparations, without complying to the applicable statutes and the introduction of waste of any kind for disposal in Romania; 10. the import and export of prohibited or restricted hazardous substances and preparations; 11. the transport and transit of hazardous substances and preparations, in violation of the
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applicable legal provisions; 12. the omission to immediately report any major accident; 13. manufacturing, delivering and using chemical fertilizers and plant protection products without authorization; 14. legal entities carrying out activities with genetically modified organisms or products thereof, without applying for and obtaining the import/export approval and/or the authorizations required by the specific regulations; 15. Abrogated. (3) The following deeds are felonies and are punished with imprisonment from 1 to 5 years, if they endangered human, animal or vegetal life or health: 1. failure to comply with the interdiction on using plant protection products or chemical fertilizers on agricultural land; 2. causing contamination of the environment and/or population exposure to ionizing radiation due to improper supervision of the ionizing radiation sources, omission to promptly report the increase in the environment contamination over the allowed limits, improper application or failure to apply the intervention measures in case of a nuclear accident; 3. discharge of wastewater and waste from ships or floating platforms directly into the natural waters or the intentional pollution by discharging or sinking into the natural waters, directly or from ships or floating platforms, hazardous substances or waste. (4) The following deeds are felonies and are punished with imprisonment from 2 to 7 years: 1. continuing the activity after being order to cease it; 2. not taking the measures for the full disposal of hazardous substances and preparations that have become waste; 3. refusal to intervene in case of accidental pollution of waters and coastal areas; 4. refusal of control, upon the introduction and removal from the country of hazardous substances and preparations and the introduction into the country of microorganism cultures, living plants and animals of the wild flora and fauna, without the approval issued by the central public environment protection authority; 5. improper application or failure to take the intervention measures in case of a accident nuclear; 6. intentionally causing pollution by discharging or sinking into the natural waters, directly or from ships or floating platforms, hazardous substances or waste. (5) If any of the deeds punished under paragraphs (3) and (4) endangered the health or integrity of a large number of persons, had any of the consequences specified by article 182 of the Criminal Code or caused significant material damage, the punishment is imprisonment from 3 to 10 years and the interdiction of certain rights, and if one or more persons have died or significant damage has been caused to the national economy, the punishment is imprisonment from 7 to 20 years and the interdiction of certain rights. (6) The attempt is punished. __________ The introductory part of paragraph (1) was amended by article I point 55 of Law no. 265/2006. - The introductory part of paragraph (2) was amended by article I point 55 of Law no. 265/2006. - Point 15 of paragraph (2) was abrogated by article I point 57 of Law no. 265/2006. Article 99. - (1) The ascertainment and investigation of felonies are done ex officio by the criminal investigation authorities, according to their duties. (2) Discovering and establishing, in the exercise of their duties according to the law, by the commissaries of the National Environment Guard, the National Board for the Control of Nuclear
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Activities, gendarmes and the authorized personnel of the Ministry of National Defense, that any of the felonies of article 98 has been committed is notified promptly to the relevant criminal investigation body, according to the criminal procedure law. CHAPTER XVI-Transitory and final provisions Article 100. For the purposes of this emergency ordinance, the central public environment protection authority is the Ministry of Environment and Water Management. Article 101. In order to effectively apply the environment protection measures, the scope and general provisions in this emergency ordinance will be regulated by specific statutes. Article 102. - (1) Within 6 months of this emergency ordinance coming into force, owners of activities undergoing the regulatory procedure have the obligation to submit with the relevant environment protection authority the full documentation, according to the applicable laws as of the date when the regulatory act was applied for. (2) Until the new regulatory procedures for environment protections are adopted, regulatory acts are issued according to the statutes in force when the law approving this emergency ordinance comes into force. __________ Paragraph (2) was introduced by article I point 58 of Law no. 265/2006. Article 103. - Abrogated. __________ The article was abrogated by article 57 point b) of EGO no. 57/2007. Article 104. This emergency ordinance comes into force 30 days after it is published in the Official Gazette of Romania, with the exception of the following provisions: a) article 14 paragraph (3), coming into force on 1 January 2007 for activities starting operation after 30 October 1999; b) article 14 paragraph (3), coming into force on 30 October 2007 for activities starting operation after 30 October 1999; c) article 21 paragraph (1) point d) and e) and article 54 coming into force on 1 January 2007. __________ Point c) was amended by article I point 59 of Law no. 265/2006. Article 105. When this emergency ordinance comes into force, the following statutes are abrogated: a) Law no. 137/1995 on the environment protection, republished in the Official Gazette of Romania, Part I, no. 70 din 17 February 2000, as subsequently amended and supplemented; b) any contrary provisions.

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