LEGE no. 137 137 of 29 December 1995 (** republished)-(* updated *) on environmental protection ((updated until 24 July 2003 *)
ISSUER
PARLIAMENT
-------------------- *) The initial text was published in the OFFICIAL GAZETTE no. 70 70 of 17 February 2000. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. until July 24, 2003, with the amendments and additions made by: LAW no. 453 453 of 18 July 2001 ; EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 ; LAW no. 294 294 of 27 June 2003 . ** **) Republicated pursuant to art. II of Law no. 159/1999 , published in the Official Gazette of Romania, Part I, no. 512 of 22 October 1999, giving the articles a new numbering. Environmental Protection Law no. 137/1995 was published in the Official Gazette of Romania, Part I, no. 304 304 of 30 December 1995 and has been amended by Government Decision no. 314/1998 , published in the Official Gazette of Romania, Part I, no. 221 221 of 17 June 1998. + Chapter 1 General principles and provisions + Article 1 The object of this law is the regulation of environmental protection, a goal of major public interest, based on the principles and strategic elements that lead to the sustainable development of society. + Article 2 For the purposes of this Law, the specific terms used are defined in the Annex which forms an integral part of this Law. --------------- Article 2 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 3 The principles and strategic elements underlying this law, in order to ensure sustainable development, are: a) the precautionary principle in making the decision; ... a ^ 1) the principle of integrated pollution prevention, reduction and control by using the best available techniques for activities that can produce significant pollution; b) the principle of preventing ecological risks and damage; ... c) the principle of preserving biodiversity and ecosystems specific to the natural biogeographical framework; ... d) the principal 'polluter pays'; ... e) priority removal of pollutants that directly and seriously jeopardise people's health; ... f) the creation of the national integrated environmental monitoring system; ... g) sustainable use of natural resources; ... h) maintenance, improvement of environmental quality and reconstruction of damaged areas; ... i) public participation in environmental decision-making; ... j) development of international collaboration to ensure environmental quality. ... -------------- Letter a ^ 1) a art. 3 was introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Letters g) and i) art. 3 were amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 4 The ways of implementing the principles and strategic elements are: a) adoption of environmental policies, harmonized with development programmes; ... b) the obligation to assess the environmental impact in the initial phase of projects with significant environmental impact; ... b ^ 1) the obligation to carry out an environmental assessment before the approval of plans and programmes c) correlation of environmental planning with the spatial planning and urban planning; ... d) introduction of stimulating or coercive economic levers; ... e) solving, on levels of competence, environmental problems, depending on their scale; ... f) proposal of normative acts harmonized with European and international regulations in the field; ... f ^ 1) the introduction and pursuit of compliance programmes; f ^ 2) the recognition of low environmental impact products by granting the Ecolabel; g) promotion of fundamental and applied research in the field of environmental protection; ... h) training and education of the population, as well as the participation of non-governmental organizations in the elaboration ... ----------------- Letters b) and f) of art. 4 were amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Letters b ^ 1), f ^ 1) and f ^ 2 of art. 4 were introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Point b ^ 1) art. 4 4 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 5 The state recognizes all persons entitled to a healthy environment, guaranteeing for this purpose: a) access to environmental information, in compliance with the confidentiality conditions provided by the legislation in force; ... b) the right to associate in organizations to defend the quality of the environment; ... c) the right of consultation to take decisions on the development of policies, legislation and environmental norms, the issuance of agreements and environmental permits, including plans for spatial planning and urban planning; ... d) the right to address, directly or through associations, administrative or judicial authorities in order to prevent or in the event of direct or indirect damage; ... e) right to compensation for the damage suffered. ... ---------------- Letter a) a art. 5 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 6 (1) Environmental protection is the obligation and responsibility of central and local public administration authorities, as well as all natural and legal persons. ... (2) The central and local public administration authorities shall provide in their own budgets funds for environmental protection programs and collaborate with the territorial authorities for the protection of the environment for their realization. ... --------------- Article 6 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Alin. ((2) art. 6 6 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 7 The coordination and control of the environmental protection activity of the central public authority for environmental protection, the territorial public authorities for environmental protection, the National Environmental Protection Agency, as well as the institutions ability by this law for their areas of responsibility. --------------- Article 7 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Article 7 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Chapter 1 ^ 1 Environmental assessment for plans and programmes -------------- Chapter 1 ^ 1 was introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Title Head. 1 ^ 1 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 7 ^ 1 The environmental assessment aims to integrate environmental protection objectives and requirements in the preparation and adoption of plans and programmes that can have significant environmental impacts. -------------- Art. 7 ^ 1 was introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Article 7 ^ 1 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 7 ^ 2 The plans and programmes defined in the Annex are subject to environmental assessment. Plans and programs in the following areas are subject to environmental assessment: spatial planning and urbanism, land use, agriculture, forestry, fisheries, transport, telecommunications, tourism, energy, industry, including activity extraction of useful mineral substances, waste management, water management. The environmental report, which also includes the result of the environmental assessment for the plans and programs provided in par. 1 1 and 2, shall be annexed to the plan or to the programme submitted for approval at national, regional or local level. The competent authorities shall issue an environmental opinion for the plans and programmes as a result of the environmental assessment and the analysis of the environmental report. The environmental opinion for the plans and programmes shall have the same period of validity as the plan or programme for which it has been issued, if no changes to that plan or programme occur. The environmental assessment procedure, the structure of the environmental report and the conditions for issuing the environmental opinion for plans and programs, including those with transboundary effects, shall be established by Government decision, at the proposal of the public authority central to environmental protection. Approval of plans and programs provided in par. 2, at any hierarchical level, is subject to the existence of the environmental opinion for that plan or program. --------------- Art. 7 ^ 2 was introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. --------------- Article 2 of EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002 specifies, in point a): " It is approved by Government decision: a) the provisions of art. 7 ^ 2 para. 5, within 18 months from the date of entry into force of this emergency ordinance; " ... --------------- Article 7 ^ 2 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 7 ^ 3 Environmental assessment for the areas referred to in art. 7 ^ 2 para. 2 shall not be carried out for financial or budgetary plans and programmes, and for those whose sole purpose is national defence or civil protection. -------------- Art. 7 ^ 3 was introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 7 ^ 4 The competent authorities for issuing the environmental opinion for plans and programmes are the central public authority for environmental protection and the territorial public authorities for environmental protection. -------------- Art. 7 ^ 4 was introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Chapter 2 Regulation of economic and social activities with environmental impact + Section 1 Authorisation procedure + Article 8 (1) Public authorities for environmental protection shall conduct the authorization procedure and issue, as appropriate, opinions, agreements and environmental permits, according to the provisions of this section. ... (2) The application and obtaining of the environmental opinion shall be binding if the holders of activities are to carry out or undergo a procedure of: sale of the majority stake, sale of assets, merger, division, concession, dissolution followed by liquidation, liquidation, according to the law. ... ((3) The application and the obtaining of the environmental agreement are mandatory for public or private investment projects new or amending existing ones, including for decommissioning projects, related to activities with significant impact on environment. ... (4) In order to obtain the environmental agreement public or private projects which may have a significant impact on the environment, by their nature, size or location, are subject, in accordance with the decision of the competent authority for environmental protection environmental impact assessment. The framework procedure for assessing the environmental impact, including for projects with a transboundary impact, and the list of public or private projects subject to the procedure shall be established by Government decision. ... (5) The application and obtaining of the environmental authorization are mandatory both for the performance of existing activities and at the start of new activities, only for those activities established by order of the head of the central public authority for environmental protection. ... (6) In order to obtain the environmental permit existing activities which do not comply with the environmental rules and regulations in force shall be subject, in accordance with the decision of the competent authority for environmental protection, to an environmental review; the environment is requested, according to the decision of the competent authority for the protection of the environment, including in the case of the 2. The procedure for carrying out the environmental balance sheet shall be established by order of the head of the central public authority for environmental protection. ... (7) New and existing installations used in certain categories of industrial activities are subject to the authorisation procedure in order to obtain the integrated environmental agreement/authorisation, taking into account the best available techniques, without the training of excessive costs according to the specific regulations in force. ... ((8) The authorization of projects and activities in the perimeter of protected natural areas and in their vicinity shall be made according to the specific regulations in force. ... (9) The environmental agreement shall be issued in parallel with the other regulatory acts issued by the competent authorities, according to the law. ... (10) The environmental authorization shall be issued after obtaining the other opinions, agreements, authorizations, as appropriate, of the competent authorities, according to the law. ... --------------- Alin. ((5) art. 8 was repealed by LAW No. 453 453 of 18 July 2001 published in MONITORUL OFFICIAL no. 431 431 of 1 August 2001. Article 8 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Article 2 of EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002 specifies in point b): " It is approved by Government decision: b) the provisions of art. 8 8 para. 4, within 30 days from the date of entry into force of this emergency ordinance; " ... Article 3 of EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002 specifies, in point a): " It is approved by order of the head of the central public authority for environmental protection: a) the provisions of art. 8 8 para. 6, within 90 days from the date of entry into force of this emergency ordinance; " ... Alin. ((3), (5) and (7) of art. 8 were amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 9 The competent authority for environmental protection shall issue, review and update, as appropriate, the opinion, the agreement and the environmental permit. The opinion, the agreement and/or the environmental authorization shall be issued only if the projects, namely the programs for compliance with the existing activities, provide for the elimination of the negative environmental consequences, in relation to the the technical rules and regulations in force. The validity of the environmental opinion shall be 2 years from the date of issue, where there are no changes to the conditions under which it was issued or used the purpose for which it was issued. The environmental agreement is valid throughout the implementation of the project, but it loses its validity if the investment works for which it was issued do not start within 2 years from the date of issue. The competent authorities for environmental protection control compliance with the conditions imposed in the environmental agreement. The validity of environmental authorisations shall be no more than 5 years. ----------------- Article 9 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 10 (. The opinion, the agreement and the environmental permit shall be reviewed if new elements with an impact on the environment, unknown on the date of issue, appear. In this case, it can also be required to restore the environmental impact assessment or environmental balance sheet. ... (2) The agreement and the environmental authorization shall be suspended for non-compliance with their provisions or programs for compliance, after a prior notice, with a deadline; the suspension shall be maintained until the causes are eliminated, but not more than 6 months. The competent authority for environmental protection shall, after the expiry of the suspension period, dispose of the cancellation of the environmental agreement and authorization, as the case may be, and stop the execution of the project or cease the activity when the conditions established in the summons. The suspension provisions, as well as those of termination of the project or activity are enforceable. ... (3) For existing activities which do not meet the conditions of authorization, the competent authority for environmental protection shall have the environmental balance within a maximum of one year from the date of failure to meet these conditions; and negotiate with the holder of the activity the program for compliance, based on the conclusions and recommendations of the environmental review. ... ---------------- Article 10 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Alin. ((2) art. 10 10 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 10 ^ 1 Disputes arising from the issue, review, cancellation or suspension of the opinion, agreement or environmental permit shall be resolved according to Law of Administrative Litigation no. 29/1990 ,, as amended. ---------------- Art. 10 ^ 1 was introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Art. 10 ^ 1 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 11 (. Public authorities for the protection of the environment shall apply differentiated procedures, where appropriate, to issue the opinion, the agreement or the environmental permit, depending on the environmental impact of the projects and activities subject to the authorization. The differentiated procedures and powers to issue opinions, agreements and environmental authorisations, including the procedure for the participation of the public, shall be established by order of the head of the central public authority for environmental protection. ... (2) The holder of the activity has the obligation to inform the territorial public authorities for environmental protection of the results of self-monitoring of emissions of regulated pollutants, as well as on accidents or accident hazards, as following the issuance of the environmental permit. The information shall be recorded by the competent authority for the protection of the environment in a public register and communicated to the central public authority for environmental protection in order to draw up the national public register. ... (3) For projects proposed on the territory of Romania, which may have significant effects on the territory of other countries, the provisions of the Convention on Environmental Impact Assessment in Transfrontier Context, adopted at Espoo on February 25, shall apply 1991 1991, ratified by Law no. 22/2001 . ... ---------------- Article 11 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Article 3 of EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002 specifies in point b): " It is approved by order of the head of the central public authority for environmental protection: b) the provisions of art. 11 11 para. 1, within 90 days from the date of entry into force of this emergency ordinance; " ... + Article 12 (1) The competent authority for environmental protection, together with the other central and local public administration authorities, as the case may be, shall ensure that the public can inform and participate in decisions on specific activities, compliance 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) Access to justice of the public is made appropriate Law of Administrative Litigation no. 29/1990 ,, as amended. ... (3) The obligation to publicize the projects and activities for which the opinion, agreement, and environmental authorization are requested, based on the environmental impact assessment, shall lie with the holder, under the guidance of the environmental protection authorities. Consultation of the public is mandatory in the event of the issue of environmental agreements ... (4) They are exempted from the provisions of par. 3 projects and activities in the field of defence, public order and national security, as well as commercial or industrial activities, the media coverage of which is made according to the specific regulations relating to compliance with the confidentiality. ... (5) The environmental impact assessment and the environmental review shall be carried out through specialized units, natural or legal persons independent of the project or activity holder and certified by the central public authority for protection the environment, on the basis of a procedure approved by order of its leader; the expenses for the elaboration of the works of the environmental assessment or balance shall be borne by the holder of the project or activity. ... (6) The liability for the reality of the information provided regarding the proposed action lies with the holder of the project or the activity, and the liability for the correctness of the works 5 returns to their author. ... ----------------- Article 12 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Article 3 of EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002 specifies in point c): " It is approved by order of the head of the central public authority for environmental protection: c) the provisions of art. 12 12 para. 5, within 90 days from the date of entry into force of this emergency ordinance; " ... + Article 13 (1) Public authorities for environmental protection shall collect the amounts from fees for issuing opinions, agreements and environmental permits. ... (2) The fees provided in par. 1 are coming to the Environmental Fund. ... (3) The amount of taxes shall be determined by Government decision, at the proposal of the central public authority for environmental protection. ... ----------------- Article 13 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Article 2 of EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002 specifies in point c): " It is approved by Government decision: c) the provisions of art. 13 13 para. 3, within 180 days from the date of entry into force of this emergency ordinance. " ... Alin. ((2) art. 13 13 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 14 (1) The environmental protection authorities shall also collect amounts from tariffs for the works and services provided at the request of natural and legal persons, within the framework of their activities within the limits of their competences Legal. ... (2) The nomenclature of works and services provided and the amount of tariffs shall be approved by order of the head of the central authority for environmental protection and shall be published in the Official Gazette of Romania. ... ((3) The amounts collected from the tariffs shall be used by the public authorities for the protection of the environment for the financing of material expenses, including for the establishment of the fund for the stimulation of personnel, the cost of technical, endowments and specific investments. They stand out in a separate account and are managed in extra-budgetary mode. ... (4) Public authorities for environmental protection constitute a fund to stimulate personnel by using a percentage of 25% obtained from the collection of the tariffs provided in par. 1 1 and by using the amounts provided in art. 83 83 para. 5. The methodology for the use of the incentive fund is approved by Government decision, at the proposal of the central authority for environmental protection. ... ((5) The available and unused availability at the end of the year shall be carried over to the following year and shall be used with the same destinations referred to in the preceding paragraphs ... ---------------- Alin. ((3) art. 14 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Alin. ((3) and (4) of art. 14 were amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 15 ((1) Upon modification or termination of activities with environmental impact, as well as the change of the holder of an activity, including through sales of assets, merger, division, concession, dissolution followed by liquidation, liquidation under the law, it is mandatory to carry out the environmental balance by the holder of the activity, in order to establish the obligations and costs regarding the restoration of the environmental quality in the area of impact of the activities ... ((2) On the basis of the environmental balance sheet and the proposal for a programme for compliance, submitted by the holder of the activity, the competent authority for environmental protection issues the environmental opinion. ... ((3) Within 60 days from the date of signature/issuance of the document certifying the conclusion of one of the procedures referred to in par. 1 the parties concerned shall submit in writing to the competent authority for the protection of the environment the responsibilities ... ----------------- Article 15 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Alin. ((1) and (2) of art. 15 were amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Section 2 Regime of dangerous chemicals and preparations ----------------- Title of Section 2 of the Head. 2 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 16 Activities concerning the manufacture, placing on the market, use, temporary or definitive storage, internal transport, disposal, handling and the introduction and removal from the country of dangerous chemicals and preparations are subject to a special regulatory and management regime. ---------------- Article 16 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Article 16 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 17 Repealed. ---------------- Article 17 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Article 17 was repealed by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 17 ^ 1 International transport and transit of dangerous chemicals and preparations are carried out according to agreements and conventions on the international transport of dangerous goods, to which Romania is a party. ---------------- Art. 17 ^ 1 was introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Article 17 ^ 1 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 17 ^ 2 The import and export of dangerous chemical substances and preparations restricted or prohibited for use by certain states or by Romania shall be carried out in accordance with the provisions of international agreements and conventions to which Romania is part. ---------------- Art. 17 ^ 2 was introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Article 3 of EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002 specifies in point d): " It is approved by order of the head of the central public authority for environmental protection: d) the provisions of art. 17 17 ^ 2, within 1 year from the date of entry into force of this emergency ordinance. " ... Article 17 ^ 2 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 17 ^ 3 International transport and transit of dangerous chemicals and preparations are carried out in accordance with the provisions of agreements and conventions on the international transport of dangerous goods, to which Romania is a party. ---------------- Art. 17 ^ 3 was introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 17 ^ 4 The import and export of dangerous chemical substances and preparations restricted or prohibited for use by certain states or by Romania shall be carried out in accordance with the provisions of international agreements and conventions to which Romania is part. ---------------- Art. 17 ^ 4 was introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 18 The central public authority and the territorial public authorities for environmental protection, as well as other public authorities empowered by law, as appropriate, supervise and control compliance with the regulations on substances and preparations dangerous chemical. --------------- Article 18 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 19 Central and local public administration authorities, as well as those for environmental protection, are obliged to take measures to prevent and limit the impact of dangerous chemicals and preparations on the health of the population and the environment. --------------- Article 19 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Article 19 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 20 The customs authority allows the import, export and transit of dangerous chemicals and preparations, in accordance with the legal provisions in force. --------------- Article 20 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 21 Natural and legal persons who manage dangerous chemicals and preparations shall have the following obligations: a) to apply the legal regulations on dangerous chemicals and preparations, established according to art. 16 16; ... b) keep strict records-quantity, characteristics, means of insurance-of dangerous chemicals and preparations, including their containers and packaging, which fall within their scope of activity, and provide the information and data required by the competent authorities for environmental protection; ... c) eliminate in full and safe for the health of the population and for the environment the hazardous chemicals and preparations that have become waste and are regulated in accordance with the specific legislation; ... d) ensure through its own systems environmental supervision, in accordance with the provisions contained in the environmental permit, to identify and prevent the risks that hazardous chemicals and preparations may pose to health population and environment, keep track of the results of surveillance actions and announce the imminent occurrence of unforeseen discharges or accidents of the competent authorities for environmental protection and civil defence; ... e) not to produce or import for the placing on the market, under any grounds, chemicals and chemical preparations dangerous to the health of the population and to the environment, the use of which is prohibited by law; ... f) to replace, where technically possible, hazardous chemicals and preparations with less dangerous or non-hazardous chemicals and preparations. ... --------------- Article 21 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Letter a) a art. 21 21 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Section 2 ^ 1 Waste and hazardous waste arrangements --------------- Section 2 ^ 1 was introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 22 Waste management is carried out in conditions of protection of the health of the population and environment and is subject to the provisions of this law, as well as the specific legislation -------------- Article 22 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 23 The introduction on the territory of Romania of waste of any nature, in order to eliminate them, is prohibited The introduction on the territory of Romania of waste, for the purpose of valorization, is based on specific regulations in the field, with the approval of the Government; competent public authorities. Transit and export of waste of any kind can be carried out in accordance with the agreements and conventions to which Romania is also part of the specific regulations in the field. --------------- Article 23 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 23 ^ 1 The internal transport of hazardous waste is in accordance with the legal provisions on the transport of dangerous goods. The international transport of hazardous waste shall be carried out in accordance with the provisions of international agreements and conventions concerning the transport of dangerous waste and the international transport of dangerous goods. -------------- Art. 23 ^ 1 was introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 24 The control of waste management lies with public authorities for the protection of the environment and other competent authorities, -------------- Art. 24 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 25 Local public administration authorities, natural and legal persons who have in their profile waste management activities have duties and obligations in accordance with the provisions of this law and the specific ones in the field of management waste. -------------- Article 25 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Article 25 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Section 3 Regime of chemical fertilisers and plant protection products ---------------- The title of Section 3 has been amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 26 Chemical fertilizers and plant protection products are produced only by authorized technologies and biotechnologies, according to the legal provisions. The products will be accompanied upon delivery by the authorized technical rules of use, under the conditions established by law. --------------- Alin. ((1) art. 26 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 27 The competent ministries, with the opinion of the central environmental authority, shall have the following obligations: a) regulate the regime of chemical fertilizers and plant protection products; ... b) to organize, at territorial level, the network of laboratories for the analysis and control of chemical fertilizers and plant protection products, as well as the concentrations of plant protection products in soil, crops, feed, products vegetable and animal agri-food; ... c) to update annually the list of approved chemical fertilisers and plant protection products permitted to be used in the country. ... The list of chemical fertilisers and plant protection products shall be drawn up within 30 days of the entry into force of this Law and shall be updated annually. ---------------- Letters a) and c) art. 27 were amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 28 The central public authority for environmental protection, together with the central public authorities for agriculture, forestry, health or their decentralised services, as appropriate, oversees and controls the implementation of regulations on chemical fertilisers and plant protection products. ---------------- Article 28 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 29 Legal persons producing, marketing and/or using chemical fertilisers and plant protection products shall have the following obligations: a) to request and obtain the environmental opinion for the approval of plant protection products, with a view to their production, marketing and use in agriculture; ... b) deliver, manipulate, transport and market chemical fertilisers and plant protection products packed with identification, warning, safety and use prescriptions, under conditions in which they do not cause contamination of means of transport and of the environment; ... c) to store chemical fertilisers and plant protection products only packaged and in protected places; ... d) not to use chemical fertilisers and plant protection products in areas or areas where special protective measures are in place; ... e) to administer phytosanitary products with aviation means only with the opinion of the inspectorates for the protection of the environment, health departments and county basic commissions melifera and stuparit pastoral, according to the regulations in force, after a pre-notification through the media; ... f) to apply, during the period of flowering of plants whose pollination is made by insects, only those treatments with plant protection products that are selective towards pollinating insects; ... g) not to use dangerous baits, except in specially authorized cases. ... Obligations provided in par. 1 lit. b)-g) also return to individuals. ---------------- Article 29 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Section 4 Nuclear activities regime ----------------- The title of Section 4 has been amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 30 Nuclear activities are carried out according to the specific legislation in the field, as well as in compliance with the provisions of the ---------------- Article 30 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 31 The environmental agreement for a nuclear practice or activity shall be issued prior to the issuing of the authorisation by the competent authority for nuclear authorisation, regulation and control in accordance with the legislation in force; the environmental authorisation shall be issued after the authorisation has been issued by the nuclear authorisation, regulatory and control authority. For plants with major nuclear risk-nuclear power plants, research reactors, nuclear fuel manufacturing plants and final nuclear fuel fuel deposits-the agreement and environmental authorization are issued by the Government. ---------------- Art. 31 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 32 Repealed. ---------------- Article 32 was repealed by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 33 The control of nuclear activities shall be carried out by the central authority for the protection of the environment and other competent authorities The central environmental protection authority shall have the following tasks: a) organize the monitoring of environmental radioactivity throughout the country; ... b) supervise, control and order the necessary measures in the field of nuclear activities, in order to comply with the legal provisions on environmental protection; ... c) collaborate with the competent bodies in defence against disasters. ... ---------------- Point b) art. 33 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 34 Authorised natural and legal persons carrying out nuclear activities shall have the following obligations: a) to assess, directly or through organised forums, the potential risk, to carry out the environmental review for existing activities and to apply for and obtain environmental authorisation; ... b) to apply the procedures and to provide equipment for new activities, enabling the lowest rational level of doses and risks to be achieved on the population and the environment, and to seek and obtain agreement and environmental authorization; ... c) to apply, through their own systems, programs for the surveillance of radioactive contamination of the environment, to ensure compliance with the conditions for the disposal of radioactive substances provided for in the authorization and to maintain radioactive doses within the limits admitted; ... d) maintain the monitoring capacity of the local environment in order to detect any significant radioactive contamination resulting from an accidental elimination of radioactive substances; ... e) to promptly report to the competent authority any significant increase in environmental contamination and whether or not it is due to the work carried out; ... f) to continuously verify the correctness of assumptions made by probabilistic assessments regarding the radiological consequences of radioactive releases. ... ---------------- Art. 34 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Introductory part and points a)-c) and f) of art. 34 were amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Chapter 3 Protection of natural resources and biodiversity conservation + Article 35 (1) The central public authority for environmental protection, together with the central specialised public authorities managing natural resources, shall develop technical regulations, as appropriate, on ecosystem protection measures, conservation and sustainable use of biological diversity components and for ensuring human health. ... (2) The regime of protected natural areas, the conservation of natural habitats, flora and wildlife shall be subject to the provisions of this law, as well as to the specific legislation in force. ... (3) When designing works that can modify the natural framework of an area, the impact assessment procedure on it is mandatory, followed by the advancement of technical solutions to maintain areas of natural habitat, conservation of functions ecosystems and protection of plant and animal organisms, including migratory ones, in compliance with the alternative and conditions imposed by the environmental agreement and/or authorization, as well as their own monitoring until they are fulfilled. ... (4) Terrestrial and aquatic overheads subject to a conservation regime as natural habitats or for ecological restoration shall be managed by legal holders only if they undertake to apply the conservation measures established by them. the central public authority for environmental protection. ... ((5) Holders with any title, who apply the measures provided in par. 4 are exempt from tax; private holders will be compensated in relation to the value of the restoration works undertaken. ... ((6) The introduction into the territory of the country, except as provided for by the legislation in force, of cultures of micro-organisms, plants and live animals of wild flora and fauna, without the consent of the central public authority for protection the environment in consultation with the Romanian Academy and, as the case may be, of the central authority for health ... ((7) The activities of harvesting, catching and/or purchasing and marketing on the internal market of plants and animals of wild, terrestrial and aquatic flora and fauna, or parts or products thereof, in live, fresh or semi-processed, can be organized and carried out only by natural or legal persons authorized by the territorial public authorities for environmental protection. ... (8) For the export of plant and animal species of wild flora and fauna, the environmental agreement issued by the central public authority for environmental protection is required. ... ---------------- Article 35 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Alin. ((5) art. 35 35 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Section 1 Water protection and aquatic ecosystems + Article 36 The protection of surface and groundwater and aquatic ecosystems has as its object the maintenance and improvement of their quality and natural productivity, in order to avoid negative effects on the environment, human health and goods materials. + Article 37 Activities for the management and protection of water resources and aquatic ecosystems are subject to the provisions of this law, as well as to the specific legislation in force. ---------------- Article 37 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 38 The control of compliance with water protection regulations and aquatic ecosystems is organized and exercised by environmental, water, health and other authorities, according to legal competences. + Article 39 The authorities for environmental protection, for water management, together with the navigation authorities, shall supervise and control compliance with the provisions and shall apply the legal measures concerning the protection of waters as a result of navigation activities, respecting the international conventions in the field to which Romania is a party. + Article 40 Natural and legal persons have the following obligations: a) to execute all works of natural resources restoration, to ensure the migration of aquatic fauna and to improve the quality of water, provided with term in the agreement, respectively in the environmental permit, and to monitor the impact area; ... b) to equip themselves, in the case of holding ships, floating platforms or offshore boreholes, with storage or waste treatment facilities, waste water treatment plants and their discharge connections in shore or floating installations; ... c) to arrange ports with installations for the collection, processing, recycling or neutralization of oil, domestic or other waste, stored on river and maritime vessels, and to constitute intervention teams in case of accidental pollution the waters and coastal areas; ... d) not to evacuate waste water from ships or floating platforms directly into natural waters and not to throw off these any waste. ... e) not to wash objects, products, packaging, materials that can produce surface water impurification; ... f) not to discharge in surface or groundwater waste water, maids, petroleum substances or dangerous substances, waters containing toxic substances containing dangerous substances; ... g) not to throw and not store on banks, in river beds and in wetlands waste of any kind and not to introduce into them explosives, electrical tension, narcotics or other dangerous substances. ... ---------------- Article 40 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Letters e), f) and g) of art. 40 were introduced by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Section 2 Protection of atmosphere + Article 41 The protection of the atmosphere aims to prevent, limit deterioration and improve its quality to avoid the manifestation of negative effects on the environment, human health and material goods. + Article 42 The central authority for environmental protection promotes regional and global policies, substantiating the specific principles and actions, both at national and local level, on the protection of the atmosphere. The national policy for the protection of the atmosphere consists mainly of the following: a) the introduction of appropriate techniques and technologies for the retention of pollutants at source; ... b) management of the air resource, in the sense of reducing pollutant emissions to the lowest levels and not exceeding the regeneration capacity of the atmosphere; ... c) management of the air resource in order to ensure human health; ... d) modernisation and improvement of the national system for integrated assessment and management of air quality. ... ----------------- Points c) and d) of art. 42 were amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 43 The central public authority for environmental protection, in consultation with the other competent central public authorities, shall develop the technical rules and implementing regulations concerning: a) air quality according to the pollutant factors in the atmosphere; ... b) emissions of air pollutants for fixed and mobile sources, as well as restriction or prohibition conditions for use, including for substances affecting the ozone layer; ... c) the quality of fuels and fuels, as well as the regulations on placing on the market and their transport ... d) the phonic threshold and regulations to limit noise; ... e) air quality surveillance, sampling and analysis procedures, location of points and tools for probing and analysis, frequency of measurements and others; ... f) identification, supervision and control of economic agents whose activity is generating potential risk and/or air pollution; ... g) the rapid notification system, in case of acute pollution of the atmosphere with transboundary effects, of the authorities designated with the application of the Convention on the Transfrontier Effects of Industrial Accidents. ... ---------------- Art. 43 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. The introductory part of art. 43 43 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 44 The central authority for environmental protection shall supervise and control the application of the legal provisions on the protection of the atmosphere, a) finds the occurrence of air pollution episodes, gives alert and/or issues related forecasts; ... b) order the temporary or definitive cessation of pollution-generating activities, in order to apply emergency measures or for non-compliance with the program for compliance; ... c) require technological measures, apply restrictions and prohibitions in order to prevent, limit or eliminate pollutant emissions; ... d) apply the sanctions provided by law in case of non-compliance with the measures ordered. ... + Article 45 Owners and legal field holders are required to maintain and expand the curtains and protective alignments, green spaces, parks, hedges to improve the regeneration capacity of the atmosphere, sound and wind protection. + Article 46 The customs authorities have the obligation not to allow the entry/exit from the country of polluting mobile sources that do not comply with the provisions of the competent authorities + Article 47 Natural and legal persons have the following obligations in the field: a) comply with the regulations on the protection of the atmosphere, adopting appropriate technological measures to detain and neutralize air pollutants; ... b) equip the technological installations, which are sources of pollution, with measuring systems, ensure their correct functioning, ensure qualified personnel and provide, on request or according to the schedule for compliance, to the authorities for environmental protection, data required; ... c) improve the technological performance in order to reduce emissions and not put into service installations exceeding the maximum permissible limits; ... d) ensure, at the request of the authorities for environmental protection, the reduction, modification or cessation of pollution-generating activity; ... e) to ensure special measures and facilities for the isolation and sound protection of sources of noise and vibration generators, to verify their efficiency and to put into operation only those that do not exceed the admitted phonic threshold. ... ---------------- The introductory part of art. 47 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. The introductory part of art. 47 47 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Section 3 Soil protection, subsoil and terrestrial ecosystems + Article 48 The protection of soil, subsoil and terrestrial ecosystems, through appropriate measures of management, conservation, organization and landscaping, is mandatory for all holders, regardless of what title. + Article 49 The central public authority for environmental protection, in consultation with the other competent central public authorities, shall: a) the soil quality monitoring system in order to know the current state and its evolution trends; ... b) regulations on the protection of soil quality, subsoil, terrestrial ecosystems and biodiversity conservation; ... c) the authorization procedure on environmental protection issues, contained in the spatial planning plans, the arrangement of torrents for the preparation of forest facilities, the combating of soils erosion, study and prospection boreholes geological and hydrogeological, as well as for extraction mining activities; ... d) regulations on the restoration of the natural environment in areas where soil, basement and terrestrial ecosystems have been affected by natural phenomena or activities with negative environmental impact. ... ------------ The introductory part of art. 49 49 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 49 ^ 1 The agreement and environmental permit for mining activities using hazardous substances in the processing and concentration process shall be issued by the Government, at the proposal of the central public authority for environmental protection, for production of more than 5 million tonnes/year and/or if the area on which it operates is more than 1,000 ha. ------------ Art. 49 ^ 1 was introduced by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 50 The central authorities for agriculture and forestry shall have the following obligations: a) to develop regulations on agriculture systems, plant culture and animal husbandry technologies, grazing, forest regeneration, harvesting, timber collection and transport and soil quality rules, in the purpose of maintaining and improving them, eliminating negative consequences for terrestrial and aquatic ecosystems and ensuring the preservation of specific functions, biodiversity and natural habitats, and to communicate them to the public authority central to environmental protection; ... b) keep track of the land that has become unsuitable for agricultural production and provide, at the request of the holders, the specialized technical assistance for the improvement or change of use; ... c) to guide and exercise specialized technical control for the works of land and agropedoameliorative improvements; ... d) to guide and provide technical assistance, at the request of land growers, on the most appropriate techniques and technologies for the management and improvement of soils. ... e) harmonize the existing regulations in the field of forestry, hunting, fish and meadows, in order to protect the natural heritage of the national network of protected natural areas. ... --------------- Letter a) a art. 50 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Letter e) a art. 50 was introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 51 Control over compliance with legal regulations on protection and conservation, improvement and judicious use of soil, subsoil and terrestrial ecosystems are organized and exercised by environmental protection authorities, such as and, as the case may be, other competent public administration authorities, according to the legal provisions. + Article 52 In order to ensure the protection of soil quality, land holders with any title and any natural or legal person carrying out an activity on a land without having a title on it shall have the following obligations: a) to prevent, on the basis of regulations in the field, deterioration of soil quality; ... b) to ensure at the location, design, construction and commissioning of the objectives of any kind, as well as to the change of the destination of the land, the conditions provided for in the agreement and in the environmental authorization; ... c) not to burn stubble, reed, scrub or grassy vegetation without the acceptance of the competent authority for the protection of the environment and without prior information of the Community public services for emergency situations; ... d) ensure the taking of sanitation measures of unoccupied or functional unoccupied land, especially those located along the roads, rail and navigation. ... ---------------- Point c) art. 52 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Point d) art. 52 was introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Introductory and letter c) of the art. 52 were amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 53 Holders, with any title, and forest managers, forest vegetation outside the forest fund and meadows have the following obligations: a) maintain the forested area of forest vegetation outside the forest fund, including the existing jnepenises, bushes and meadows, being forbidden to reduce them, except in the cases provided by law; ... b) to exploit the wood mass only within the limits of the possibility of forests, established by the forestry facilities and approved by law; ... c) to ensure compliance with the forestry rules of exploitation and technological transport of wood, established according to the law, in order to maintain the biodiversity of forests and ecological balance; ... d) comply with the forestry regime for afforestation of exploited areas, established by the central authority for forestry, in accordance with the conditions of sustainable use of forests, provided by the central authority for environmental protection; ... e) to ensure the application of special conservation measures for forests with special protective functions, located on land with very large slopes, with sliding and erosion processes, on grunting, stanching, at the upper limit of altitude of forest vegetation, as well as for other such forests; ... f) comply with the forestry regime established for the conservation of woody vegetation on forested pastures that perform soil protection functions and water resources; ... g) to ensure the rational exploitation, organization and arrangement of the meadows, depending on their capacity to restore; ... h) to exploit the resources of the forest, the hunting and fish stock, within the limits of the regeneration potential, according to the legal provisions; ... h ^ 1) to exploit the meadows, within the limits of the creditworthiness, with the number and species of animals and in the established period, on the basis of specialized studies and specific provisions; h ^ 2) to protect the forest, moviegoing, fish and meadows heritage within the protected natural areas, in the terms established by the specific management plans and regulations. i) to notify environmental protection authorities of accidents or activities affecting forest ecosystems or other such terrestrial ecosystems. ... ---------------- The introductory part of art. 53 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Letters h ^ 1 and h ^ 2 of art. 53 were introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. The introductory part of art. 53 53 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 54 Natural or legal persons, prospecting or exploiting subsoil resources, shall have the following obligations: a) to request and obtain agreement and/or environmental authorization, according to the law, and to comply with their provisions; ... b) to restore the affected land, to ensure their framing in the landscape of the area and to bring them to the natural productive and ecological parameters or to a new functional ecosystem, to monitor the area, constituting for this purpose the necessary guarantee fund according to legal provisions ... c) notify the authorities for the protection of the environment or the competent ones, according to the law, about any accidental situations that endanger the land ecosystem and act to restore it. ... ----------------- Letters a) and b) art. 54 were amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Point b) art. 54 54 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Section 4 Regime of protected areas and nature monuments + Article 55 Repealed. ----------------- Art. 55 was repealed by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 56 Repealed. ----------------- Art. 56 was repealed by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 57 Repealed. ----------------- Art. 57 was repealed by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 58 Repealed. ----------------- Art. 58 was repealed by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 59 Repealed. ----------------- Article 59 was repealed by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 60 Repealed. ----------------- Article 60 was repealed by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Section 5-a Protection of human settlements + Article 61 In the process of social-economic development of localities it is mandatory to respect the principles and provisions of this law. In order to ensure a healthy living environment local public administration authorities, as well as, as the case may be, natural and legal persons have the following obligations a) to improve the urban microclimate, by setting up and maintaining the springs and water works inside the localities and in the areas bordering them, to embellish and protect the landscape, to maintain street cleaning; ... b) to comply with the provisions of urban planning and spatial planning plans on the location of industrial objectives, roads and means of transport, sewerage networks, wastewater treatment plants, household waste landfills, street and industrial and other objectives and activities, without prejudice to the ambience, rest, treatment and recreation spaces, sanitation, health and comfort of the population; ... c) to inform the public about the risks arising from the operation or the existence of the objectives at risk for the environment and ... d) to respect the special protection regime of balneoclimateric localities, areas of tourist and leisure interest, historical monuments, protected areas and monuments of nature. It is forbidden to place objectives and carry out activities with harmful effects in the perimeter and their protection areas; ... e) to adopt the appropriate architectural elements, to optimize the housing density, while maintaining, maintaining and developing green spaces, parks, tree alignments and street protection curtains, landscaping landscape with ecological, aesthetic and recreational function; ... f) to regulate, including by prohibiting, temporarily or permanently, the access of certain types of motor vehicles or the development of discomfort-generating activities for the population in certain areas of localities with the predominance of spaces living, areas for treatment, rest, recreation and leisure; ... g) to adopt binding measures, for all natural and legal persons, with regard to the maintenance and embellishment of buildings, courtyards and their surroundings, green spaces in courtyards and between buildings, trees and shrubs decorative; ... h) to initiate locally projects for the arrangement of hygienic-sanitary groups and maintenance and development of street sewerage. ... ----------------- Art. 61 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 62 In the elaboration of urban planning and spatial planning plans, the provisions of this law are complied with and measures are required to maintain and improve the natural and anthropogenic landscape fund of each area and localities, conditions of Landscape and ecological restoration of damaged areas and measures for the development of green spaces, health protection measures of drinking water catchments and flood defense works. ----------------- Article 62 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 63 Local public administration authorities, natural and legal persons who manage the public domain have the obligation to ensure the implementation of the measures and the conditions provided in art. 62. Changing the destination of land arranged as green spaces provided in urban plans is done according to the law. + Article 64 Public authorities for the protection of the environment and local public administration authorities, in collaboration with local public health authorities, participate, according to their competences, in the public debate on urban development programs and Communal household. ----------------- Art. 64 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Chapter 4 Duties and liabilities + Section 1 Duties and responsibilities of the environmental protection authorities + Article 65 The central authority for environmental protection shall have the following tasks and responsibilities: a) periodically update the environmental protection strategy, in compliance with the principles and strategic elements provided for in this Law; ... b) elaborates the recommendations and acts for the integration of environmental policies into sectoral strategies and policies, correlates environmental planning with that of spatial planning and urbanism and imposes ecological reconstruction measures; ... c) creates the information system of its own and sets out the conditions and terms allowing free access to information and public participation in environmental decisions; ... d) initiates draft laws, technical norms, regulations and procedures; endorses the rules and regulations regarding environmental impact activities, elaborated by other authorities; controls their application; ... e) organize the national integrated background and impact monitoring system for all environmental factors, the environmental inspection system, coordinate their work and ensure the information of the central health authority on the results of monitoring of radio-active environmental contamination; ... f) creates the institutional-administrative framework for the identification and promotion of research programs, for the training and training of a qualified personnel for supervision, analysis, evaluation and environmental control and attest to this staff; ... g) appoint expert commissions, where appropriate, for the analysis of environmental impact assessment and environmental balance; authorise laboratories for environmental quality control; ... h) develops and implements programs; develops educational materials on the importance of environmental protection; ... i) pursues the application of the program and measures for compliance with international conventions to which Romania is a party on the environmental line; ... j) pursues and analyzes the application of this law and prepares annually reports on the state of the environment, which it presents to the Government; ... k) collaborates with similar organizations and authorities in other countries and represents the Government in international relations on the environmental protection line; ... l) proposes to the Government discounts or tax exemptions, taxes, as well as other tax incentives for holders of activities that replace hazardous substances in the manufacturing process or invest in technological processes and products that reduce the impact or risk of negative impact on the environment, as well as for those who carry out the special protection, conservation and ecological reconstruction measures, established by the central authority for environmental protection; ... m) applies sanctions to holders of non-compliance activities; ... n) assist the other public authorities and other legal entities, in order to mitigate the negative effects of economic activities on the environment, and encourage the introduction of appropriate techniques and technologies for the environment; ... o) make available to the public the centralized data on the state of the environment, the programs and the environmental protection policy; ... p) regularly consult with representatives of non-governmental organizations and other representatives of civil society to establish the strategy of environmental protection and decision-making in cases that can affect the environment; ... r) prepares, in collaboration with the Ministry of Finance, the application of new financial instruments that favor the protection and improvement of the quality of environmental factors, in accordance with those applied internationally; ... s) carries out the activity of environmental supervision through the Environmental Guard, ecological control body with specific status; ... t) in special situations, found on the basis of data obtained from environmental supervision, the central environmental authority has the power to declare, with the information of the Government, areas of high risk of pollution in certain regions of the country and the obligation to develop, together with other central institutions and local authorities, special programs to eliminate the risk in these areas. After the elimination of high pollution risk factors, based on the new data resulting from the surveillance of the evolution of the state of the environment, that area is declared re-entered into normality ... u) collaborate with public civil protection authorities for the development of operational plans and for the joint execution of interventions in case of pollution or ecological accidents; ... v) carry out the activities of elaboration and implementation of environmental protection policies, strategies and regulations with the support of the National Environmental Protection Agency. ... ---------------- Points a)-e), g), n), o), p) and s) art. 65 were amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Letter u) a art. 65 was introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Letter v) a art. 65 was introduced by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 65 ^ 1 The organizational structure, the number of personnel, the powers and powers of the National Environmental Protection Agency shall be established by Government decision. --------------- Art. 65 ^ 1 was introduced by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 66 The territorial public authorities for environmental protection meet at local level the duties and responsibilities of the central public authority for environmental protection, provided in art. 65 lit. b), c), d), h), i), j), m), o), p), r), s), t) and u), and draw up reports on the activities carried out during the financial year and the application of environmental programmes, which they publish in the local press. Within the perimeter of the Biosphere Reserve <
> the territorial public authority for environmental protection is represented by the Administration of the Biosphere Reserve <
> >.
---------------- Art. 66 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 67 For the exercise of its functions central authority for environmental protection: a) request the necessary information: ministries, local public administration authorities, natural and legal persons, with reference to the provisions of art. 65 lit. a), b), d), e), f), h), i), j), l), p), r) and t); ... b) appoint chief inspectors, chief commissioners and empower commissioners at territorial level, according to the legislation in force. ... ---------------- Point b) art. 67 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 68 In the exercise of their duties, chief inspectors, chief commissioners and commissioners of the Environmental Guard have access, under the law, at any time and to any premises where a generating activity of negative impact on the environment is carried out. The natural or legal person prejudiced as a result of the exercise of the inspection duties may lodge a complaint with the competent court, within 15 days from the date of the finding of the damage. The amount of compensation for any damage caused shall be determined by the agreement of the parties and, in the absence of agreement between the parties, by the competent court, on the basis of technical expertise In the objectives, premises and military areas the personnel provided in par. 1 has access only in the event of a major environmental accident, in the presence of specialized bodies in the field of defence, public order and national security. ------------------ Art. 68 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Section 2 Tasks and responsibilities of other central and local authorities + Article 69 Central and local public administration authorities are obliged to: 1. develop own environmental protection programs and integrate environmental objectives and requirements in the preparation, development of protection and intervention plans in case of environmental pollution and accidents and in the adoption of profile programs, communicating to the competent authority for the protection of the environment all the information requested 67 lit. a); 2. to ensure the preparation and transmission to the competent authorities for the environmental protection of the information and documentation necessary to obtain the environmental opinion for the plans and programs for which the environmental assessment is necessary. ----------------- Article 69 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 70 Central public authorities shall have the following obligations: a) to develop the applicable policy and strategy in its own field of activity in accordance with the principles of this law; ... b) ensure the integration of environmental policies into specific policies; ... c) to develop sectoral plans and programs, in compliance with the provisions of this law; ... d) to ensure in their organizational structure compartments with attributions in the field of environmental protection, classified with specialized personnel; ... e) to develop, with the support of the central public authority for environmental protection, restructuring programmes, in line with the strategy for environmental protection and environmental policy, and to assist the units in coordination, under or under their authority, when implementing these programmes; ... f) to develop the rules and regulations specific to the field of activity on the environmental protection line and to submit them for approval to the central public authority for environmental protection; ... g) to signal the extent to which some provisions may prevent any authority from acting effectively for the protection of the environment and also to show the progress made by the application of this law. ... ----------------- Article 70 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 70 ^ 1 The central public authority for development and forecasting has the following duties and responsibilities: a) develop development policies based on the principles of sustainable development, with consideration of possible environmental impacts; ... b) integrate in its own policy measures and actions to restore the affected areas and measures to prevent disasters; ... c) elaborates the National Regional Development Plan and the other plans and programs, in accordance with the principles and provisions of this Law. ... ----------------- Art. 70 ^ 1 was introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 71 The central public health authority shall have the following tasks and responsibilities: a) organize and coordinate the activity of monitoring the health of the population in relation to environmental risk factors; ... b) supervise and control the quality of drinking and bathing water, as well as the quality of food; ... c) elaborates, in collaboration with the central public authority for environmental protection, regulations on environmental quality and hygiene and ensures the control of their application; ... d) collaborate with the central public authority for environmental protection in environmental quality management in relation to the health of the population; ... e) collaborate with the other ministries with their own health network for the exact knowledge of the health of the population and for compliance with the environmental hygiene norms in their field of activity; ... f) collaborates at central and local level in ensuring public access to health information in relation to the environment. ... --------------- Art. 71 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 72 The central public authority shall have the following tasks: a) develop specific rules and instructions, in accordance with national legislation and in compliance with the ecological principles of environmental protection, for its fields of activity; ... b) supervise compliance by the personnel of the Ministry of National Defence of environmental protection norms for activities in military areas; ... c) controls the actions and applies sanctions for violation by the personnel of the Ministry of National Defence of environmental protection legislation in the military field. ... --------------- The introductory part of art. 72 72 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 73 The central public authority for education and research shall ensure: a) adaptation of curricula and curricula at all levels, in order to acquire notions and principles of environmental protection, for awareness, training and training in this field; ... b) promotion of research topics and research programmes that meet the priorities set by the central public authority for environmental protection; ... c) elaboration of educational programs for the purpose of responsible behavior towards the environment. ... ---------------- Art. 73 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 73 ^ 1 The central public authority for industry and resources has the following tasks: a) elaborates and applies at national level the strategy of exploitation of non-renewable natural resources, in accordance with the principles of sustainable development and the provisions of this law; ... b) collaborate in the elaboration and promotion of the legislative framework ensuring the application of the principle of integrated pollution prevention and control for certain industrial installations; ... c) collaborate in the development of financial mechanisms to stimulate the use of the best available techniques at installations subject to integrated environmental authorisation; ... d) develop policy in the field of materials recycling. ... ------------------ Art. 73 ^ 1 was introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 73 ^ 2 The central public authority for agriculture, food and forest has the following duties and responsibilities: a) ensure the protection and conservation of soils and the maintenance of land heritage in accordance with quality standards; ... b) initiates the normative act approving the annual volume of wood cutting, based on the environmental opinion issued by the competent environmental authority after the application of the environmental impact assessment procedure. ... ----------------- Art. 73 ^ 2 was introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 74 Repealed. ----------------- Art. 74 was repealed by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 75 The central public authority for public works, transport and housing shall have the following duties and responsibilities: a) develop plans and programs that materialize the national policy of landscaping and localities, in compliance with the principles of protection and conservation of the environment established by this law; ... b) integrates in the spatial planning and urban planning plans the provisions of the environmental protection strategy, of the environmental management plans and programs; ... c) develop and apply programs for the development of multimodal transport and combined transport, in compliance with the provisions of this law on environmental impact assessment; ... d) ensure, on the basis of the norms endorsed by the central public authority for environmental protection, the control of exhaust gases, the intensity of noises and vibrations produced by motor vehicles and the transport of goods; ... e) develops and develops action plans and programs on improving the quality and environmental protection for all modes of transport. ... ------------------ Article 75 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 75 ^ 1 The Ministry of Interior has the following duties and responsibilities: a) perform the environmental protection activity through its own structures that carry out control, guidance and coordination actions, in order to preserve and maintain ecological balance in its areas of responsibility; ... b) develop specific norms and instructions, in accordance with the principles of this law, for its fields of activity; ... c) supervise compliance by the subordinate personnel of the environmental protection rules for their own activities; ... d) apply sanctions for violation by the personnel of the Ministry of Interior of the environmental protection legislation in its field of activity; ... e) supports representatives of public authorities for the protection of the environment in the exercise of the control of transport of materials, based on the norms endorsed by the central public authority ... f) leads the actions of prevention, protection and intervention in case of ecological accidents and major pollution, through the Civil Protection Command. ... ------------------ Art. 75 ^ 1 was introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 76 The central public authority for tourism aims to protect natural heritage, including through measures imposed on establishments carrying out activities in this field, and encourages the application of the principles of ecotourism. ----------------- Article 76 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 77 Local public administration authorities shall have the following duties and responsibilities: a) supervise the application of the provisions of urban planning and spatial planning, in accordance with the environmental planning; ... b) supervise the subordinate economic agents to prevent accidental elimination of pollutants or uncontrolled landfills and develop reusable waste collection systems; ... c) adopt programs for the development of sewerage networks, stormwater collection, drinking water supply, for wastewater treatment spaces of localities, as well as for public transport; ... d) provide services with specialists in urban ecology and environmental protection and collaborate for this purpose with the competent authorities for environmental protection; ... e) promotes a proper attitude of the communities in relation to the importance of environmental protection. ... f) ensures, through public services and responsible economic agents, the taking of measures of street sanitation, maintenance and management of green spaces, markets and public parks. ... ------------------ Letter f) a art. 77 was introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 78 The customs authorities shall perform their duties by this law. + Article 79 Police and the Financial Guard are obliged to provide support, upon request, to representatives of the environmental protection authorities in the exercise of their duties. + Section 3 Obligations of natural and legal persons + Article 80 Environmental protection is an obligation of all natural and legal persons, for which purpose: a) request and obtain the opinion, agreement and/or environmental authorization according to the provisions of this law; ... a ^ 1) comply with the environmental and/or environmental permit conditions; a ^ 2) realize the environmental obligations at the time limits set by the privatisation notice; b) assist persons empowered with inspection activities, providing them with the records of their own measurements and all other relevant documents, and facilitate their control of activities whose holders are also sampling; ensure the access of persons empowered to technological installations generating environmental impact, to environmental pollution equipment and installations, as well as to spaces or areas potentially generating environmental impact; ... b ^ 1) carry out the measures previously imposed by the persons empowered with the inspection; c) obey the order of temporary or permanent cessation of activity; ... d) bear the cost of repairing the damage and remove the consequences caused by it, restoring the conditions prior to the ... e) provide own systems for the supervision of technological installations and processes and for the analysis and control of pollutants within the scope of the activities carried out and the evidence of results, in order to prevent and avoid risks The environmental protection of the competent authority for the protection of the environment; ... f) inform the competent authorities and the population, in case of accidental removals of pollutants in the environment or of major accident; ... g) restructure, for existing activities, and propose, at the request of the environmental authorization, programs for compliance, within 6 months from the entry into force of this law; ... h) adopt appropriate solutions for the environment on the proposal of new projects or activities, and for the modification of existing ones; ... i) does not degrade the natural environment or set up through uncontrolled landfills of any kind. ... -------------- Letters a) and b) art. 80 were amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Letter b ^ 1) was introduced by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Letters a ^ 1) and a ^ 2) of art. 80 were introduced by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 81 ((1) The liability for damage is objective, independent of fault. In the case of the plurality of the authors, the liability ... (2) Titulation of nominated activities in areas with high risk of pollution, according to art. 65 lit. t), are obliged to conclude insurance policies for damages. ... ------------- Alin. ((2) art. 81 81 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Chapter 5 Sanctions + Article 82 Violation of the provisions of this law attracts civil, contravention or criminal liability, as appropriate. + Article 83 (1) It is contrary to the following provisions of the law: ... a) the obligation of natural and legal persons to request the opinion, agreement and environmental authorization, referred to in art. 8 8 para. 2 2, 3, 5 and 7, art. 29 lit. a), art. 34 lit. a) and b), art. 54 lit. a) and art. 80 lit. a); ... b) the obligation to carry out environmental impact assessment, according to art. 8 8 para. 4 4; ... c) the obligation to carry out the environmental balance sheet, according to the 8 8 para. 6 6, art. 10 10 para. 3 3 and art. 15 15 para. 1 1; ... d) the obligation of natural and legal persons relating to the media coverage of projects and activities for which the opinion, agreement or authorization referred to in art. 12 12 para. 3 3; ... e) the obligations of natural and legal persons to carry out their own supervisory and reporting systems, to which art. 11 11 para. 2 2, art. 21 lit. b) and d), art. 34 lit. c) and d), art. 47 lit. b) and art. 80 lit. e); ... f) the obligations of landowners and landowners with any title or without title, referred to in art. 45 and to art. 52 lit. a)-d); ... g) the obligations of the holders, with any title, of the forests, of the forest vegetation and of the meadows, regarding the exploitation of the forest resources, the hunting and fish stock, within the limits of the regeneration potential, of the meadows, within the limits creditworthiness, as well as protection of forest heritage, moviegoing, fish and meadows within the protected natural areas, provided in art. 53 lit. a), c), d), h), h ^ 1), h ^ 2) and i); ... h) obligations of local public administration authorities, as well as natural and legal persons, as the case may be, provided in art. 61 lit. g) and art. 63 63; ... i) the obligations of the local public administration authorities regarding: supervision of the application of the provisions of urban planning and spatial planning; supervision of the subordinate economic agents to prevent accidental elimination of uncontrolled waste pollutants or storage and the development of reusable waste collection systems; provision of services with specialists in urban ecology and environmental protection, referred to in art. 61 lit. a), c), e) and f), art. 63 63 para. 1 and to art. 77 lit. a), b), d) and f); ... j) obligations of central and local public authorities, referred to in art. 9 9 para. 2 2, art. 46 46, art. 69 69 section 2 2, art. 70 70 ^ 1, 71, 72, 73, 73 ^ 1, 73 ^ 2, 75, 75 ^ 1, 76, 78 and 79; ... k) the obligation of economic agents nominated in areas with high risk of pollution, provided in art. 81 81 para. 2 2; ... l) obligations of local public administration authorities to comply with the provisions of urban planning plans on the location of industrial objectives, roads and means of transport, sewerage networks, stations treatment, of household, street and industrial waste landfills and other objectives and activities, without prejudice to sanitation, ambience, rest, treatment and recreation spaces, health and comfort state of the population, referred to in art. 61 lit. b) and h); ... m) obligations of local public administration authorities, referred to in art. 62 62; ... n) the obligations of natural and legal persons to provide and use correct information for the elaboration of environmental impact assessments and environmental balance sheets, provided in art. 12 12 para. 6 6; ... o) the obligations of natural and legal persons to ensure special measures and facilities for the isolation and sound protection of sources of noise and vibration generators, provided in art. 47 lit. e); ... p) obligations of natural and legal persons, provided in art. 15 15 para. 3 3, art. 29 29 para. 1 lit. c) and para. 2 2, art. 35 35 para. 2, 3, 4, 6 and 7 and in art. 54 lit. b); ... q) the obligations of natural and legal persons, provided in art. 40 lit. a)-c) and e)-g); ... r) obligations of natural and legal persons to comply with the provisions of the environmental protection authorities, provided in art. 47 lit. d), art. 80 lit. b) and b ^ 1); ... s) obligations of natural and legal persons to comply with the technological norms and performance, referred to in art. 26 26 para. 1 1, art. 34 lit. b) and art. 47 lit. c); ... t) obligations of natural and legal persons on compliance with regulations on chemical fertilizers, plant protection products and any other chemicals, use of ionizing radiation sources, on the protection of the atmosphere and water, rational exploitation of natural resources, as well as non-compliance with special protection regimes, provided in art. 29 29 para. 1 lit. b), d), f) and para. 2 2, art. 34 lit. f), art. 47 lit. a) and art. 53 lit. b); ... u) the obligations of natural and legal persons regarding the restoration of the natural environment and/or the conservation of nature, according to the 53 lit. f) and g), art. 54 lit. b) and art. 80 lit. d) and h). ... ((2) Contraventions referred to in par. 1 1 shall be sanctioned as follows: ... a) with a fine of 5,000,000 lei to 15,000,000 lei for individuals and from 25,000,000 lei to 75,000,000 lei for legal entities, those from lit. a)-h); ... b) with a fine from 10,000,000 lei to 30,000,000 lei for individuals and from 50,000,000 lei to 150,000,000 lei for legal entities, those from lit. i)-q); ... c) with a fine from 15,000,000 lei to 45,000,000 lei for individuals and from 75,000,000 lei to 225,000,000 lei for legal entities, those from lit. r)-u). ... (3) The amount of contravention fines shall be updated by Government decision. ... ((4) The offender may pay, on the spot or within a maximum of 48 hours from the date of conclusion of the minutes or, as the case may be, from the date of its communication, half of the minimum of the fine provided for in the normative act, the ascertaining agent making mention of this possibility in the minutes. ... (5) The fines imposed under a law, ordinances or decisions of the Government in the field of environmental and water protection are made to the state budget in the 75% share, the difference of 25% returning to the authority to which the ascertaining agent belongs and will be highlighted in the account provided in art. 14 14 para. 3, having the arrangements set out in the same paragraph. ... ---------------- Art. 83 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Points a), f), k), o), p) and q) of par. 1 1 of art. 83 were amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. Alin. ((4) and (5) of art. 83 were introduced by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 84 Finding of contraventions and application of fines provided in art. 83 are made by the authorized personnel of the central and territorial public authorities for environmental protection, as well as within the local public administration authorities, by the police officers and the personnel of the Ministry of Defense National, empowered in his fields of activity according to the duties established by law. This law complements with the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions. ------------------- Art. 84 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 85 It is a crime and is punishable by imprisonment from 1 to 3 months or with a fine from 50,000,000 lei to 75,000,000 lei to continue the activity after the application of the contravention sanction provided by art. 83 83 para. 1 lit. a), without obtaining the agreement and/or environmental authorization provided by art. 80 lit. a). It constitutes crimes the following facts, if they were likely to endanger life or human, animal or plant health: a) clearing of wood vegetation outside the forest fund, located on land with very large slopes or at the upper limit of altitude of forest vegetation, in violation of the provisions of art. 53 lit. e); ... b) the challenge of accidental pollution due to the non-supervision of the execution of new works, the operation of installations, technological and treatment equipment and neutralization, mentioned in the provisions of the environmental agreement and/or authorization, in violation of Art. 80 lit. e); ... c) the challenge of pollution by evacuating, with science, in water, in the atmosphere or on the ground of hazardous waste or substances, with non-compliance with the provisions of 80 lit. i); ... d) non-compliance with the restrictions or prohibitions established for the protection of water and the atmosphere, according to the 40 lit. a)-g) and art. 47 lit. a)-d); ... e) the use of dangerous baits and electrical means for the killing of wild animals and fish, for the purpose of consumption or marketing, in violation of the provisions of art. 29 29 para. 1 lit. g) and para. 2 2; ... f) the production of noises above the permissible limits, if this is seriously endangered human health, with non-compliance with the provisions of art. 47 lit. e); ... g) non-compliance with restrictions and prohibitions on game and fishing of protected species or temporarily stopped by law and in areas with full protection regime, according to the provisions of art. 53 lit. h), h ^ 1) and h ^ 2); ... h) the continuation of the activity after the suspension of the environmental agreement or authorization, in violation of 10 10 para. 2 2; ... i) unattended and non-provision of landfills and hazardous substances, as well as non-compliance with the obligation to store chemical fertilizers and phytosanitary products only packaged and in protected places, according to art. 29 29 para. 1 lit. c) and para. 2 2; ... j) presentation in the works on the environmental impact assessment of false conclusions and information, in violation of the provisions of art. 12 12 para. 6 6; ... k) production and/or import for the purpose of placing on the market and use of dangerous chemicals and preparations without complying with the provisions of art. 21 lit. e) and the introduction on the territory of Romania of waste of any nature in order to eliminate and/or capitalize them, without complying with the provisions of 23 23; ... l) import and export of dangerous chemicals and preparations prohibited or restricted under art. 17 17 ^ 2; ... m) transport and transit of dangerous chemicals and preparations without complying with the provisions of art. 17 ^ 1 or the provisions of art. 23 ^ 1 in the case of hazardous waste; ... n) omission to report promptly about any major accident, in violation of the provisions of art. 21 lit. d) and art. 80 lit. f); ... o) the production, delivery and use of chemical fertilizers and unauthorized plant protection products, with non-compliance with the provisions of art. 26 26; ... p) non-compliance with prohibitions in relation to the use on agricultural land of plant protection products or chemical fertilizers, according to the provisions of art. 29 29 para. 1 lit. d)-f) and para. 2 2; ... q) the challenge due to the unattended of sources of ionizing radiation of environmental contamination and/or exposure of the population to ionizing radiation, the omission to promptly report the increase above the permissible limits of environmental contamination, application improper or failure to take intervention measures in case of nuclear accident, in violation of the provisions of art. 34 lit. c)-e); ... r) discharge of waste water and waste from ships or floating platforms directly into natural waters or the challenge, with science, of pollution by evacuation or sinking into natural waters, directly or from ships or floating platforms, of some hazardous substances or waste, in violation of art. 40 lit. d); ... s) concealment of some data or dissemination by public officials of false information in relation to environmental quality and human health, in violation of the provisions of art. 69 69; ... t) continuation of the activity after the disposition of its termination, in violation of the provisions of 80 lit. c); ... u) taking measures to eliminate all dangerous chemicals and preparations that have become waste, with non-compliance with the provisions of art. 21 lit. c); ... v) refusal of intervention in case of accidental pollution of waters and coastal areas, according to the provisions of art. 40 lit. c); ... x) control, at the introduction and removal from the country of dangerous chemicals and preparations, based on the regulations of the central public authority for the protection of the environment and those concerning the international transport of dangerous goods, the introduction into the country of cultures of micro-organisms, plants and live animals of wild flora and fauna without the agreement issued by the central public authority for environmental protection, in violation of the provisions of 20 20 and art. 35 35 para. 5. ... The offences referred to in paragraph 2 2 shall be punishable as follows: a) with imprisonment from 3 months to 1 year or with a fine of 40,000,000 lei to 60,000,000 lei, if the acts committed were likely to endanger life or human, animal or plant health, for those provided in lett. a)-d); ... b) with imprisonment from 6 months to 3 years or with a fine from 50,000,000 lei to 75,000,000 lei, for those provided in lett. e)-j); ... c) with imprisonment from 1 to 5 years, for those provided in lett. k)-t); ... d) with imprisonment from 2 to 7 years, for those provided in lett. u)-x). ... If the crimes punished according to par. 3 lit. c) and d) endangered the health or bodily integrity of a large number of persons, had any of the consequences provided in art. 182 of the Criminal Code or caused an important material damage, the punishment is imprisonment from 3 to 10 years and the prohibition of some rights, and if the death of one or more persons or damage important to the national economy occurred, the sentence is imprisonment from 7 to 20 years and the prohibition of some rights. The attempt is punishable. ------------------ Art. 85 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Article 85 was amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Article 86 The finding and investigation of crimes are made ex officio by the prosecution bodies, according to the legal competences. The discovery, in the exercise of the powers provided by law, by the authorized personnel of the competent authorities for environmental protection, of the commission of any of the crimes provided for in art. 85 is immediately notified to the competent criminal prosecution body, according to the criminal procedure law. ------------------ Art. 86 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 87 Non-governmental organizations have the right to legal action to preserve the environment, regardless of who suffered the damage. + Chapter 6 Final provisions ------------------ Title Head. VI was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 88 For the purposes of this law the central public authority for environmental protection is the Ministry of Water and Environmental Protection ------------------ Art. 88 was amended by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 89 Repealed. ------------------ Art. 89 was repealed by EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. + Article 90 The date of entry into force of this Law shall be repealed Law no. 9/1973 on the protection of the environment, published in the Official Bulletin no. 91 of 23 June 1973, as well as any other provisions contrary to this law. + Annex 1 DEFINITIONS specific terms used in this Law -environmental agreement-the decision of the competent authority for environmental protection, which entitles the project holder to carry out the project. The environmental agreement is a technical-legal act issued in writing, establishing the conditions for the implementation of the project, in terms of environmental protection; -integrated environmental-technical-legal act issued by the competent authority for environmental protection, according to the legal provisions in force, which grant the right to establish the conditions for the realization of an activity since the design stage, ensuring that the installation meets the requirements of the legislation in force. The Agreement may be issued for one or more installations or parts of installations located on the same site; -National Environmental Protection Agency-competent authority for environmental protection, specialized body of the central public authority for environmental protection that is organized and operates under the Ministry of Water and Environmental Protection; -protected natural area-land, aquatic and/or underground area, with established legal perimeter and having a special protection and conservation regime, in which there are species of wild plants and animals, elements and biogeographical formations, landscape, geological, paleontological, speleological or other, with particular ecological, scientific or cultural value; -atmosphere-the mass of air that surrounds the earth's surface, including the protective ozone layer; -authorization-to go through the procedural steps aimed at obtaining the opinion, the agreement and/or the environmental authorization; -environmental permit-technical-legal act issued in writing by the competent authorities for the protection of the environment, laying down the conditions and/or operating parameters of an existing activity or for the commissioning of a new activities for which environmental agreement has previously been issued; -integrated environmental-technical-legal-act authorization issued by the competent authorities, according to the legal provisions in force, which gives the right to exploit in whole or in part an installation, under certain conditions to ensure that the installation meets the requirements for integrated pollution prevention and control. The authorisation may be issued for one or more installations or parts of installations located on the same site and operated by the same holder; -authorization for nuclear activity-technical-legal act by which the competent authority of nuclear regulation authorizes the holder of the activity to place, design, purchase, manufacture, produce, build, to transport, import, export, put into operation, possess, use, operate, transfer, decommission and dispose of any source of ionizing radiation, nuclear facilities or waste management facilities. radioactive; -competent authority for environmental protection-the central public authority for the protection of the environment or, where appropriate, the territorial public authorities for environmental protection; -territorial public authorities for environmental protection agencies for environmental protection and the Administration of the Biosphere Reserve <
> >;
-environmental opinions issued by the competent authority for environmental protection: the environmental opinion for plans and programmes-a technical-legal act issued in writing by the competent authority for environmental protection, which confirms the integration of environmental aspects into the plan or programme subject to adoption; the environmental notice for the establishment of the environmental-technical-legal act issued in writing by the competent authority for environmental protection, through which environmental obligations are laid down, as provisions of a programme for compliance, with a view to taking them by the parties involved, in the following situations: changing the holder of an activity with an impact on the environment and/or amending or terminating such activities, including for sale of shares, sales of assets, merger, division, concession, dissolution followed by closure, liquidation in the law. The document is issued for the purpose of knowledge of environmental impact by the parties involved in the transaction and the assumption of environmental protection responsibilities; the environmental opinion for plant protection products-technical-legal act issued in writing by the central public authority for the protection of the environment, necessary in the procedure for the approval of plant protection products; -environmental review-work developed by natural or legal persons attested according to the law, which contains the elements of the technical analysis through which information is obtained on the causes and consequences of the cumulative negative effects, previous, present and anticipated, in order to quantify the actual environmental impact on a site; if the environmental review identifies a significant impact, it will be completed with a risk assessment study; -biodiversity-the diversity of living organisms from aquatic and terrestrial ecosystems, as well as of the ecological complexes to which they belong; includes the diversity within species, between species and between ecosystems; -biotechnology-technological application in which biological systems, living organisms, components or derivatives thereof are used, for the production or modification of products or processes with specific use; -best available techniques-the most advanced and efficient development stage recorded in the development of an activity and exploitation modes, which demonstrate the practical possibility to constitute the reference for the establishment of values emission limit for the purposes of prevention, and where this is not possible, for the overall reduction of emissions and environmental impact in its entirety; -deterioration of the environment-alteration of the physico-chemical and structural characteristics of the natural components of the environment, reduction of the diversity or biological productivity of natural and anthropized ecosystems, affecting the natural environment on the quality of life, mainly caused by pollution of water, atmosphere and soil, overexploitation of resources, management and poor recovery, as well as by inadequate spatial planning; -waste-any substance or object in the categories established by the specific waste treatment legislation, which the holder discards, intends or has the obligation to discard it; -hazardous waste-waste classified as generic under the specific waste treatment legislation in these types or categories of waste and which have at least one constituent or property that makes them dangerous; -sustainable development-the development that meets the needs of the present, without compromising the possibility of future generations to satisfy their own; -ecological balance-all the states and interrelations between the components of an ecological system, which ensure the maintenance of the structure, its operation and its ideal dynamics; -ecosystem-dynamic complex of communities of plants, animals and microorganisms and their lifeless environment, interacting in a functional unit; -ecotourism-tourism in relatively untouched natural areas, practiced so as not to damage the environment and contribute directly to the protection and permanent management of the respective areas; -effluent-any form of discharge into the environment, punctual or diffuse emission, including through leakage, jets, injection, inoculation, storage, vidanjare or vaporisation; -disposal-any operation carried out on waste as defined in Law no. 426/2001 for approval Government Emergency Ordinance no. 78/2000 on the waste regime -emission-direct or indirect discharge, from punctual or diffuse sources of the installation, of substances, vibrations, heat or noise in the air, water or soil; -Ecolabel-a graphic symbol and/or a short descriptive text affixed to the packaging, in a brochure or other information document accompanying the product and providing information on at least one and more than 3 types of environmental impact; -environmental assessment-development of the environmental report, consultation of the public and competent authorities involved in the implementation of certain plans and programmes, taking into account the environmental report and the results of these consultations in the decision-making and information on the decision taken, according to the legislation in force -environmental impact assessment-process aimed at identifying, describing and establishing, according to each case and in accordance with the legislation in force, the direct and indirect, synergistic, cumulative, principal and secondary effects of a project on human health and the environment; environmental impact assessment is part of the authorisation procedure; -habitat-the place or type of place where a body or population exists naturally; -environmental impact-effects on the environment as a result of an anthropogenic activity; -significant environmental impact-effects on the environment, determined as important by applying the criteria relating to the size, location and characteristics of the project or relating to the characteristics of certain plans and programmes, taking into account the expected quality of environmental factors; -environmental information-information defined in the Convention on Access to Information, public participation in decision-making and access to justice in environmental matters signed in Aarhus on 25 June 1998, ratified by Law no. 86/2000 ; -installation-any stationary technical unit, as well as any other directly related activity, in technical terms, with the activities of the stationary unit located on the same site, which can produce emissions and effects on the environment; -environment-the set of conditions and natural elements of Earth: air, water, soil, basement, characteristic aspects of the landscape, all atmospheric layers, all organic and inorganic matter, as well as living beings, natural systems in interaction, including the previously listed elements, including material and spiritual values, quality of life and conditions that can influence human well-being and health; -significant changes-changes in the operation of an installation or in the way of an activity which, according to the opinion of the competent authority for environmental protection, can have a significant negative impact on people and the environment; -environmental monitoring-surveillance, forecasting, warning and intervention in order to systematically assess the dynamics of qualitative characteristics of environmental factors, in order to know the quality status and ecological significance of to them, the evolution and social implications of the changes produced, followed by the necessary measures; -monument of nature-species of rare or endangered plants and animals, isolated trees, formations and geological structures of scientific or landscape interest; -plans and programmes-the plans and programmes, including those co-financed by the European Community, and their amendments, which are subject to the preparation and/or adoption by public authorities at national, regional or local level, or are prepared by these authorities in order to adopt a legislative procedure by Parliament or Government and which are imposed by legislative, regulatory or administrative provisions; -pollution-direct or indirect introduction, as a result of a human, substance, vibration, heat and/or noise activity in the air, water or soil, which may harm human health or the quality of the environment, which may damage to material goods or may cause deterioration or hindering the use of the environment for recreational purposes or for other legitimate purposes; -pollutant-any solid, liquid, gaseous or vapour or energy substance (electro-magnetic, ionising, thermal, phonic or vibration radiation) which, introduced into the environment, changes the balance of its constituents and living organisms and damages property assets; -damage-quantifiable effect in cost of damage to the health of people, goods or the environment, caused by pollutants, harmful activities, ecological accidents or dangerous natural phenomena; -program for compliance-plan of measures comprising steps to be completed in intervals specified by the environmental authorization by the holder of the activity, under the control of the competent authority for environmental protection, for the purpose compliance with environmental protection regulations; -project-execution of construction works or other installations or facilities, other interventions on the natural and landscape environment, including those involving the extraction of mineral resources; -public-one or more natural or legal persons and, in accordance with legislation or national practice, their associations, organizations or groups; -environmental report-part of the documentation of certain plans or programmes, which identifies, describes and assesses the possible environmental effects of their application and its rational alternatives, taking into account the objectives and geographical area related; -natural resources-the totality of natural elements of the environment that can be used in human activity: non-renewable resources-minerals and fossil fuels, renewable-water, air, soil, flora, wildlife, and permanent-solar energy, wind, geothermal and wave; -potential ecological risk-the likelihood of negative effects on the environment, which can be determined on the basis of a risk assessment study; -environmental management system-component of the general management system, which includes the organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for the elaboration, application, the achievement, analysis and maintenance of environmental policy; -environmental impact assessment study-work developed by natural or legal persons certified according to the law, identifying the causes and negative effects on the environment of projects with significant impact within the the environmental impact assessment process; -risk assessment study-work developed by natural or legal persons attested according to the law, through which the analysis of the probability and severity of the main components of the environmental impact is carried out and the need is established prevention, intervention and/or remedial measures. The risk assessment study is part of the environmental impact assessment; -substance-any chemical element and any compound thereof, with the exception of radioactive substances and genetically modified organisms, within the meaning of the legislation in force; -hazardous substances-any substance or preparation classified as dangerous by specific legislation in the field of chemical substances and preparations; -source of ionising radiation-natural, natural, manufactured or used as an element of an activity that can generate radiation exposure, by emitting ionising radiation or releasing radioactive substances; -the holder of the project-the applicant for the authorization for a particular project or the public authority initiating a project; the project holder may be both a natural and legal person; -the holder of the activity-natural or legal person liable legally for carrying out an activity, through property rights, concession or other form of legal power of attorney over the right of use of the site and/or installations subject to the authorisation procedure; -sustainable use-the use of natural resources in a way and a rate that does not lead to their long-term decline, maintaining their potential in line with the needs and aspirations of present and future generations; -wetlands-stretches of puddles, swamps, peatlands, natural or artificial waters, permanent or temporary, where water is standing or flowing, sweet, salmastra or salty, including stretches of marine water whose depth at low tide is not. exceeds 6 m. ---------------------- Annex 1 a Legit no. 137 137 of 29 December 1995 has been replaced by the Annex to EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. Annex 1 was supplemented by a new indent, 3rd, of LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. The third indent of Annex 1 is amended and the 39th indent becomes LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. The 11th indent of Annex 1 has been amended by LAW no. 294 294 of 27 June 2003 published in MONITORUL OFFICIAL no. 505 505 of 14 July 2003. + Annex 2 Repealed. ------------------- Point j) of point 8 of Annex no. II was repealed by LAW no. 453 453 of 18 July 2001 published in MONITORUL OFFICIAL no. 431 431 of 1 August 2001. Annex no. 2 2 a Legit no. 137 137 of 29 December 1995 has been repealed by art. 6 of EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002. ------------------ NOTE: Article 4 of EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002 provides: " The authorization procedures in progress on the date of entry into force of this emergency ordinance continue according to the legal provisions contained in Environmental Protection Law no. 137/1995 , republished, in the Official Gazette of Romania, Part I, no. 70 of February 17, 2000 and in the authorization procedures issued in its application, until their approval according to art. II lit. b) and art. III lit. b). " Article 5 of EMERGENCY ORDINANCE no. 91 91 of 20 June 2002 published in MONITORUL OFFICIAL no. 465 465 of 28 June 2002 provides: "" In the contents Environmental Protection Law no. 137/1995 the following phrases are replaced: -territorial agencies for environmental protection, with territorial public authorities for environmental protection; -the owner, with the owner of the project/activity; --pesticides, with plant protection products. ' ---------
