Law No. 137 of 29 December 1995 (republished * *)-(* updated *) environmental protection (updated until July 24, 2003)-PARLIAMENT ISSUING — — — — — — — — — — — — — — — — — *) original text was published in MONITORUL OFICIAL nr. 70 of 17 February 2000. This is the updated form of S.C. "territorial Center of Electronic Computing" until July 24, 2003, with amendments and additions to law No.: 453 of 18 July 2001; EMERGENCY ORDINANCE No. 91 of 20 June 2002; Law No. 294 of 27 June 2003.
*) Republished under art. II of law No. 159/1999, published in the Official Gazette of Romania, part I, no. 512 of 22 October 1999, posing a new numbered items.
Environmental protection law No. 137/1995 was published in the Official Gazette of Romania, part I, no. 304 of 30 December 1995 and amended by Government decision No. 314/1998, published in the Official Gazette of Romania, part I, no. 221 of 17 June 1998.
Chapter 1 General provisions and Principles Article 1 the object of this law is to regulate the protection of the environment, an objective of overriding 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 terms used are defined in a specific annex which is an integral part of this law.
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Art. 2 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 3 principles and strategic elements that lie at the basis of this law, in order to ensure sustainable development, are: a) the principle of caution in the decision;
the ^ 1) the principle of prevention, reduction, and integrated control of pollution through the use of best available techniques for activities which may produce significant pollution;
b the prevention principle) and ecological damage production;
(c) the principle of the conservation of biodiversity) and specific ecosystems natural biogeographic framework;
d) the principle of "the polluter pays";
e) priority of removing pollutants that endanger human health directly and severely;
(f) the national system) the creation of integrated monitoring of the environment;
g) sustainable use of natural resources;
h) maintaining, improving the quality of environment and the reconstruction of damaged areas;
I) public participation in environmental decision-making;
(j) international cooperation for development) quality assurance environment.
— — — — — — — — — — — — —-a ^ 1) article. 3 was introduced by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Letters g) and of article i) 3 were amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 4 detailed rules for the implementation of the principles and strategic elements are: a) environmental policy-making, harmonized with development programmes;
b) compulsory environmental impact assessment in the initial phase of projects with significant environmental impact;
b ^ 1) obligation to carry out an environmental assessment before approving plans and programmes;
c) linking environmental planning with the landscaping and urbanism;
d understand the economic stimulating) the introduction or coercive;
e) resolve, competence levels, environmental issues, depending on their magnitude;
f) proposing regulations harmonized with the European and international regulations in this area;
f ^ 1) placing and tracking the achievement of compliance programs;
f ^ 2) recognition of products with low environmental impact, by awarding the eco-label;
g) promoting research fundamental and applied 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 and implementation of decisions.
— — — — — — — — — — — — — — — —-b) and (f)) of art. 4 were amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
The letters b, f ^ 1 ^ 1)) and f ^ 2 of art. 4 have been introduced by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
(B) of article 1 ^ 1). 4 amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 5 the State shall recognize the right of everyone to a healthy environment, whilst for that purpose: (a)) access to information on the environment, while respecting the privacy conditions under the laws in force;
b) the right to associate in organizations to defend the quality of the environment;
c) consultation for decision making regarding policy development, legislation and environmental standards, issuing permits and agreements on the environment, including plans for landscaping and urbanism;
d) the right to address, either directly or through associations, administrative or judicial authorities with a view to preventing or in the event of direct or indirect damage;
e) the right to compensation for damage suffered.
— — — — — — — — — — — — — — —-a) of article 1. 5 amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 6 (1) environmental protection constitutes the obligation and responsibility of central public administration authorities and local governments, as well as to all natural persons and legal entities.
(2) the authorities of Central and local public administration shall provide their own budgets for environmental protection programs and collaborates with territorial authorities for environmental protection to achieve them.
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Art. 6th amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Paragraphs 1 and 2. (2) of article 9. 6 amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 7 coordination and control of the environmental central public authority, incumbent environmental protection, territorial public authorities for environmental protection, the National Agency for environmental protection, as well as institutions empowered by this law for their areas of responsibility.
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Art. 7 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Art. 7 amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Chapter 1 ^ 1 Environmental Assessment for plans and programmes — — — — — — — — — — — — — — Chapter 1 ^ 1 was introduced by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
The title head. 1 ^ 1 was amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 7 ^ 1 Environmental Assessment is aimed at integrating the objectives and requirements of environmental protection into the preparation and adoption of plans and programmes likely to have significant effects on the environment.
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Art. 7 ^ 1 was introduced by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Art. 7 ^ 1 was amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 7 ^ 2 subject to the environmental assessment of plans and programmes set out in the annex.
Are subject to the environmental assessment of plans and programmes in the following areas: planning and zoning, land use, agriculture, forestry, fisheries, transport, tourism, telecommunications, energy, industry including mineral extraction of useful substances, waste management, water management.
Environmental report, including the environmental assessment for plans and programmes referred to in paragraph 1. 1 and 2, are attached to the plan or program submitted for approval at the national, regional or local level.
The competent authorities shall issue notice of environmental plans and programmes, as a result of conducting the environmental assessment and analysing the environmental report. The opinion of the environmental plans and programmes shall have the same validity period as a plan or program for which it was issued, where no changes of that plan or programme.
Environmental assessment procedure, the structure of the report of the environment and conditions for issuing the opinion of environmental plans and programmes, including those with transfrontiera effects, shall be established by decision of the Cabinet of Ministers, on a proposal from the central public authority for environment protection.
Approval of the plans and programmes referred to in paragraph 1. 2, at any hierarchical level, is made conditional on the existence of the environment for the plan or programme.
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Art. 7 ^ 2 was introduced by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
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Art. 2 of EMERGENCY ORDINANCE No. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002, the letter "a"): "it is hereby approved on behalf of the Government: the provisions contained in article 21). 7 ^ 2 (2). 5, within 18 months from the date of entry into force of this emergency Ordinance; "
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Art. 7 ^ 2 has been modified by law nr. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 7 ^ 3
Environmental assessment for areas under article 4. 7 ^ 2 (2). 2 shall be carried out for plans and programmes for budgetary or financial, as well as for those whose sole purpose is national defense or civil protection.
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Art. 7 ^ 3 was introduced by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 7 competent Authorities for ^ 4 issuance of environmental plans and programmes are central public authority for environmental protection and territorial public authorities for environmental protection.
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Art. 7 ^ 4 was introduced by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Chapter 2 the regulation of social and economic activities affecting the environment section 1 authorisation procedure in article 8 (1) environmental protection public authorities leading the authorisation procedure and, where appropriate, issue opinions, agreements and environmental permits under this section.
(2) requesting and obtaining the environment are mandatory if the holders to conduct activities or be subjected to a procedure for sale of majority stake of shares, sale of assets, merger, Division, dissolution, concession followed by liquidation, winding up, in accordance with the law.
(3) the requesting and obtaining environmental agreement are binding on public works projects and private investment new or amending existing ones, including for projects related decommissioning activities, with significant environmental impacts.
(4) in order to obtain the agreement of environment public or private projects likely to have significant environmental impacts, by their nature, size or location are made subject to them, in accordance with the decision of the competent authority for environmental protection, environmental impact assessment. The procedure of the evaluation framework of the environmental impacts, including for projects and their impact on transfrontiera, and list public or private projects subject to the procedure shall be determined by decision of the Government.
(5) the request and authorization of the medium are required both for existing activities and new activities at the start, only for those activities determined by order of the central public authority for environment protection.
(6) environmental permit existing activities which do not comply with environmental rules and regulations in force are subject, in accordance with the decision of the competent authority for environmental protection, an environmental assessment; the environmental balance is required, in accordance with the decision of the competent authority for environmental protection, including in the case of carrying out the procedures referred to in paragraph 1. 2. The procedure for achieving the environmental balance is determined by order of the central public authority for environment protection.
(7) new and existing Installations used in certain categories of industrial activity shall be subject to the authorisation procedure in order to obtain the agreement/integrated environmental authorization, taking into account the best available techniques, without exercising excessive costs in accordance with the specific rules in force.
(8) the authorisation of projects and activities within protected natural areas and in the vicinity thereof shall be made in accordance with the specific rules in force.
(9) Environmental Agreement shall be issued in line with other regulatory acts issued by the competent authorities according to law.
(10) the authorization shall be issued by the environment after getting other opinions, agreements, permits, as appropriate, of the competent authorities, in accordance with the law.
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Alin. (5) article. 8 was repealed by law No. 453 of 18 July 2001 published in the Official Gazette No. 431 of 1 august 2001.
Art. 8 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Art. 2 of EMERGENCY ORDINANCE No. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002 specifies, in paragraph (b)): "to be approved by decision of the Government: b) provisions in art. 8 para. 4, within 30 days after the date of entry into force of this emergency Ordinance; "
Art. 3 of the EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002 specifies, in paragraph): "is approved by order of the central public authority for environmental protection: the provisions contained in article 21). 8 para. 6, within 90 days from the date of entry into force of this emergency Ordinance; "
Paragraphs 1 and 2. (3), (5) and (7) of article 22. 8 amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 9 jurisdiction of Authority for environmental protection issue, review and update, as appropriate, the opinion of the agreement, namely the environmental authorization.
Opinion, agreement and/or authorization shall be issued only if the environment projects, namely the compliance programs regarding existing activities provide for the Elimination of negative environmental consequences in relation to the provisions of the applicable technical rules and regulations in force.
The validity of the medium is 2 years from the date of its issue, where no changes of the conditions under which it was issued or used for the purpose for which it was issued.
The environmental agreement is valid throughout the period of implementation of the project, but loses its validity if the work for which it was issued does not begin within 2 years from the date of issue. The competent authorities for the protection of the environment shall verify compliance with the conditions imposed by the agreement.
The validity of the authorizations of the medium is not more than 5 years.
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Art. 9 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 10 (1) Opinion, environmental consent and authorization shall be revised if new elements emerge with environmental impact, unknown at the time of issue. In this case you can ask for and restoring the environmental impact assessments or environmental review.
(2) consent and authorization of environment suspended for violation thereof or of compliance programs, after a preliminary injunction with the term; the suspension shall continue until the Elimination of the causes, but not more than 6 months. The environmental protection authority has jurisdiction after the expiry of the suspension, cancellation of the agreement and the environmental authorization, as appropriate, and stopping the execution of the project or termination when you have not fulfilled the conditions set out in the summons. Suspension arrangements, as well as the termination of the project or activity shall be enforceable.
(3) For existing activities which do not fulfil the conditions for approval by the competent authority for environmental protection environmental i.c balance no later than one year from the date of the finding failure to comply with these conditions and negotiate with holder for compliance program activity, based on the conclusions and recommendations of the environmental balance sheet.
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Art. 10 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Paragraphs 1 and 2. (2) of article 9. 10 amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 10 Disputes arising from ^ 1 release, revision, suspension or cancellation of permit, authorisation agreement or the environment shall be according to the law on administrative courts decide No. 29/1990, as amended.
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Art. 10 ^ 1 was introduced by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Art. 10 ^ 1 was amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 11 (1) environmental protection public authorities apply differentiated procedures, where appropriate, by issuing the opinion, agreement or authorization of environment, according to the environmental impact of projects and activities subject to the authorization procedure. Differentiated procedures and competence for issuing the permits, agreements and environmental permits, including the procedure for public participation shall be determined by order of the central public authority for environment protection.
(2) the holder of the activity is required to inform the territorial public authorities for environmental protection of the results of automonitorizarii emissions of pollutants, as well as regulate with respect to accidents or danger of accidents as a result of the issuance of the environmental permit. Information is considered obvious by the competent authority for environmental protection in a public register and notified to the central public authority for environment protection in order to draw up the national public registry.
(3) For proposed projects in Romania, which can have significant effects on the territory of other countries, applies the provisions of the Convention on environmental impact assessment in transfrontiera context, done at Espoo on 25 February 1991, ratified by law No. 22/2001.
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Art. 11 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Art. 3 of the EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002 specifies, in paragraph (b)): "to be approved by order of the central public authority for environmental protection:
(b) the provisions contained in article 21). 11(2). 1, within 90 days from the date of entry into force of this emergency Ordinance; "
Article 12 (1) the competence of the Authority for the protection of the environment, together with the other authorities of Central and local public administration bodies, as appropriate, to ensure the possibility of information and public participation in decisions on specific activities, in accordance with the provisions of the Convention on access to information, public participation in decision-making and access to justice in environmental matters, done at Aarhus on 25 June 1998, ratified by law No. 86/2000.
(2) the public's access to justice is done according to the law on administrative courts no. 29/1990, as amended.
(3) the obligation of the mainstream coverage of projects and activities for which you request the opinion, agreement, namely the environmental authorization, on the basis of the environmental impact assessment, it is for the holder, under the guidance of the environmental protection authorities. Public consultation is mandatory in the case of the issuance of the environmental permits and agreements.
(4) shall be exempt from the provisions of paragraph 1. 3 projects and activities in the field of defence, public order and national security, and commercial or industrial activities, whose outreach is made according to special regulations relating to respect for the privacy of the character.
(5) environmental impact assessment and environmental balance is achieved through specialized units, individuals or businesses independent of project owner or activity and certified by the central public authority for environment protection, based on a procedure approved by order of the ruler; costs for the preparation of the assessment or environmental balance sheet shall be borne by the holder of the project or activity.
(6) liability for information provided regarding reality proposed action rests with the holder of the project or activity, and the responsibility for the correctness of the work carried out under the provisions of paragraph 1. 5 reverts to the author thereof.
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Art. 12 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Art. 3 of the EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002 specifies, in paragraph (c)): "to be approved by order of the central public authority for environment protection: c) provisions contained in article 11. 12(3). 5, within 90 days from the date of entry into force of this emergency Ordinance; "
Article 13 (1) public authorities for environmental protection receives sums deriving from fees for issuing opinions, agreements and environmental permits.
(2) the fees referred to in paragraph 1. 1 shall be made to the Environmental Fund for income.
(3) the amount of the fees shall be fixed by Decree of the Cabinet of Ministers, on a proposal from the central public authority for environment protection.
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Art. 13 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Art. 2 of EMERGENCY ORDINANCE No. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002 specifies, in paragraph (c)): "to be approved by decision of the Government: c) provisions in art. 13(2). 3, within 180 days after the date of entry into force of this emergency Ordinance. "
Paragraphs 1 and 2. (2) of article 9. 13 was amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 14 (1) environmental protection Authorities also receives monies derived from tariffs for work and services performed at the request of individuals and legal entities, in the context of the activities carried out within the limits of their statutory competence.
(2) classification of works and services rendered, as well as the amount of tariffs approved by order of the central authority for environmental protection and shall be published in the Official Gazette of Romania.
(3) proceeds rates from using environmental protection public authorities to finance certain expenses, including materials for the establishment of the Fund for the stimulation of the personnel, the cost of telephone subscriptions, technical expertise, facilities and investment. These are highlighted in a separate account and is managed under the budget.
(4) the public authorities for environmental protection shall constitute a fund to stimulate personnel through the use of a percentage of 25% of collection charges referred to in paragraph 1. 1 and the use of amounts referred to in article 1. 83 para. 5. The methodology to use the incentive fund shall be approved by decision of the Government on the proposal of the central authority for environmental protection.
(5) Availability and unused at the end of the following year shall be carried over and used the same destinations referred to in the previous paragraphs.
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Alin. (3) art. 14 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Paragraphs 1 and 2. (3) and (4) of article 3. 14 were modified by law nr. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 15 (1) The modification or cessation of activities with an impact on the environment and the change of the owner of an activity, including the sale of assets, merger, Division, dissolution, concession followed by liquidation, winding-up proceedings in accordance with the law, is mandatory environmental balance by the holder of the activity, in order to determine the obligations and costs relating to the recovery of the quality of the environment in the area of impact of the activities carried out on site.
(2) on the basis of the balance of the environment and of the proposed program for compliance, submitted by the holder of the activity, the competent authority for the protection of the environment shall issue its opinion.
(3) within 60 days after the date of signature of the document attesting the issue/the conclusion of one of the procedures referred to in paragraph 1. 1 Parties shall transmit in writing to the competent authority for environmental protection responsibilities relating to environmental protection.
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Art. 15 has been amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Paragraphs 1 and 2. (1) and (2) of article 3. 15 were modified by law nr. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Section 2 of the regime dangerous chemical substances and preparations — — — — — — — — — — — — — — — —-the title of section 2 of the head. 2 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 16 relating to the construction Activities, the placing on the market, use, temporary or definitive storage, internal transport, removal, handling, as well as the introduction and removal from the country of dangerous chemical substances and preparations shall be subject to a special scheme of regulation and management.
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Art. 16 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Art. 16 was amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 17 Repealed.
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Art. 17 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Art. 17 was repealed by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 17 ^ 1 international transport and transit of dangerous chemical substances and preparations shall be carried out in accordance with the agreements and conventions on the international transport of dangerous goods, to which Romania is a party.
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Art. 17 ^ 1 was introduced by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Art. 17 ^ 1 was amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 17 ^ 2 import and export of dangerous chemical substances and preparations that are banned or restricted from use by certain States or by Romania shall be in accordance with the provisions of international agreements and conventions to which Romania is a party.
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Art. 17 ^ 2 was introduced by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Art. 3 of the EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002 specifies, in paragraph (d)): "to be approved by order of the central public authority for environment protection: d) the provisions contained in article 11. 17 ^ 2, within 1 year after the date of entry into force of this emergency Ordinance. "
Art. 17 ^ 2 has been modified by law nr. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 17 ^ 3 international transport and transit of dangerous chemical substances and preparations shall be in accordance with the provisions of the agreements and conventions on the international transport of dangerous goods, to which Romania is a party.
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Art. 17 ^ 3 was introduced by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 17 ^ 4
Import and export of dangerous chemical substances and preparations that are banned or restricted from use by certain States or by Romania shall be in accordance with the provisions of international agreements and conventions to which Romania is a party.
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Art. 17 ^ 4 was introduced by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 18 the central public authority and territorial public authorities for environmental protection, as well as other public authorities which are empowered by law, whichever is applicable, shall monitor and control compliance with the rules concerning the storage of dangerous substances and preparations.
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Art. 18 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 19 the Central Public Administration Authorities and local governments, as well as those for environmental protection are required to take measures to prevent and limit the impact of chemical substances and preparations dangerous to health and the environment.
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Art. 19 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Art. 19 was amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 20 customs authority allows the import, export and transit of dangerous chemical substances and preparations in accordance with the legal provisions in force.
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Art. 20 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 21 individuals and legal entities who manage storage of dangerous substances and preparations have the following obligations: a) to apply the legal rules concerning the storage of dangerous substances and preparations established under article. 16;
(b) to keep a strict record-keeping)-quantity, characteristics, modes of insurance-the dangerous chemical substances and preparations, including containers and packaging them that fall within their areas of responsibility, and to provide information and data required by the competent authorities for the protection of the environment;
c) to eliminate totally safe for the health of the population and the environment of dangerous chemical substances and preparations that have become waste are regulated in accordance with the law;
d) ensure through its own environmental surveillance systems, in accordance with the provisions contained in the authorization environment, to identify and prevent risks of dangerous chemical substances and preparations are likely to represent them on the population's health and the environment, to keep track of the results of supervision and to announce the impending of unforeseen accident or downloads to the competent authorities for the protection of the environment and civil protection;
e) not produce not import for the placing on the market, on any grounds whatsoever, chemical substances and preparations dangerous for health and the environment, the use of which is prohibited by law;
f) to replace, where technically possible, dangerous chemical substances and preparations with chemical substances and preparations less hazardous or non-hazardous.
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Art. 21 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
(A) of article 1.) 21 amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
^ Section 2 1 of the waste Regime and hazardous waste — — — — — — — — — — — — — — — section 2 ^ 1 has been introduced by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 22 waste management shall be carried out under the protection of the population's health and the environment and are subject to the provisions of this law, as well as the specific legislation in force.
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Art. 22 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 23 introduction into the territory of Romania of waste of any kind, in order to eliminate them, is prohibited.
Introduction into the territory of Romania of waste for the purpose of recovery is based on special regulations in the field, with government approval; valorization of waste shall be carried out in facilities, processes or activities authorized by the competent public authorities.
The transit and export of waste of any kind may be carried out in accordance with the agreements and conventions to which Romania is a party and with specific rules in this field.
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Art. 23 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 23 ^ 1 internal transport of hazardous wastes shall be made in accordance with the legal provisions concerning the transport of dangerous goods.
International transport of hazardous wastes shall be made in accordance with the provisions of international agreements and conventions on transport of hazardous waste across the border and international transport of dangerous goods.
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Art. 23 ^ 1 was introduced by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 24 Control waste management rests with the environmental protection authorities and other competent authorities according to law.
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Art. 24 amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 25 the authorities of local public administration, natural and legal persons who in their profile waste management activities have duties and obligations in accordance with the provisions of this law and the specific management of waste.
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Art. 25 has been amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Art. 25 has been amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Section 3 of the chemical fertilizer Regime and plant protection products — — — — — — — — — — — — — — —-the title of section 3 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 26 chemical Fertilizers and plant protection products only through authorized technologies and biotechnologies, according to legal provisions.
The products will be accompanied to the delivery of the technical regulations of use authorized, under the conditions established by law.
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Alin. (1) of article 1. 26 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 27 of the competent Ministries, with the opinion of the central authority for environmental protection, have the following obligations: a) to regulate the regime of chemical fertilizers and plant protection products;
b) to organize, at the territorial level, the network of laboratories for the analysis and control of chemical fertilizers and plant protection products, as well as the concentration of plant protection products in soil, crops, animals, plant and animal foodstuffs;
c) to update annually the list of chemical fertilizers and plant protection products approved, permitted to be used in the country.
List of chemical fertilizers and plant protection products shall be made within 30 days of the entry into force of this law and shall be updated annually.
— — — — — — — — — — — — — — — — the letters a and c)) of art. 27 have been amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 28 the central public authority for environment protection, together with the central public authorities for agriculture, forestry, health, or their decentralised services, as appropriate, shall supervise and control the implementation of regulations on chemical fertilizers and plant protection products.
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Art. 28 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 29 legal persons producing, marketing and/or uses chemical fertilizers and plant protection products have the following obligations: a) to request and obtain the opinion of the environment for approval of plant protection products for the production, marketing and their use in agriculture;
b) to deliver, to manipulate, to transport and to sell chemical fertilizers and plant protection products packed with identifying inscriptions, warning, prescriptions and use under conditions in which do not cause contamination of the means of transport and the environment;
c) to store the chemical fertilizers and plant protection products only packaged and protected places;
d) not use chemical fertilizers and plant protection products in areas or areas where special measures are imposed;
e) to manage the plant protection products with only the opinion of aviation environmental protection inspectorates, sanitary and divisions of the county committees of Oras and pastoral base banker, according to regulations in force, after a prior notification through the media;
f) to apply during flowering plants whose pollination is by insects, only those treatments with plant protection products which are selective towards pollinating insects;
g) not use bait, except as specifically authorised.
The obligations laid down in paragraph 1. and (b). b)-g) and individuals.
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Art. 29 was modified by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Section 4 of the regime's nuclear activities — — — — — — — — — — — — — — — —-the title of section 4 amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 30 nuclear Activities are conducted in accordance with the specific legislation in this field, and respecting the provisions of the present law.
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Art. 30 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 31 the environmental Agreement for a practice or activity is in the field of nuclear energy shall be issued prior to authorization by the competent authority for the authorization, regulation and control in the field of nuclear energy, in accordance with the laws in force; environmental authorization is issued after authorization by the competent authority for the authorization, regulation and control in the field of nuclear energy.
For major nuclear facilities at risk-nuclearoelectrice, central research reactors and plants for the manufacture of nuclear fuel and nuclear fuel final warehouses burned environmental agreement and authorization shall be issued by the Government.
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Art. 31 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 32 Repealed.
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Art. 32 was repealed by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 33 nuclear activities Control is the central authority for environmental protection and other competent authorities according to law.
The central authority for environmental protection has the following duties: (a) monitoring of environmental radioactivity) is organizing throughout the country;
b) supervises, controls and measures that might be required in the field of nuclear activities, to comply with laws relating to environmental protection;
c) collaborates with the competent bodies in the defense against disaster.
— — — — — — — — — — — — — — — — b) of art. 33 amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 34 individuals and legal entities carrying out activities authorized in the nuclear field have the following obligations: a) to assess, either directly or through organized forums, the potential risk, carry out balance sheet environmental cost of existing activities and to request and obtain authorization;
b) to apply the procedures and to provide equipment for new activities, to enable the level of rational lowest doses and risks to the population and the environment, and to request and obtain agreement and authorization;
c) to apply, through their own systems, programmes for the monitoring of radioactive contamination of the environment, to ensure that the conditions for the disposal of radioactive substances provided for in the authorization and maintaining radioactive doses within acceptable limits;
d) to maintain the operational capacity of local environmental monitoring to detect any significant radioactive contamination that would result from an accidental disposal of radioactive substances;
e) to report promptly to the competent authority of any significant increase in environmental contamination and whether or not this is due to the work carried out;
f verify correctness) continuously through probabilistic assumptions made regarding the consequences of the radiological assessments of radioactive eliberarilor.
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Art. 34 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
The introductory part and the letters a-c)) and f) of art. 34 were modified by law nr. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Chapter 3 protection of natural resources and conservation of biodiversity in article 35 (1) the central public authority for environment protection, together with Central and specialized public authorities managing natural resources, develop technical regulations, where applicable, concerning measures for the protection of ecosystems, conservation and sustainable use of components of biological diversity and human health is to be ensured.
(2) the rules protected natural areas, conserving natural habitats, wild flora and fauna shall be subject to the provisions of this law, as well as the specific legislation in force.
(3) The design of the works which may alter the natural environment of an area is mandatory procedure for evaluation of its impact, followed by the advancement of technical solutions to areas of natural habitat, conservation of ecosystems and the protection of plant and animal organisms, including those migrating, in compliance with the terms and conditions of the alternative and imposed by the agreement and/or authorization of environment as well as monitoring of its own until these have been completed.
(4) Suprafatele and aquatic land under conservation regime as natural habitat or for ecological restoration are handled by legal holders only if they undertake to apply conservation measures laid down by the central public authority for environment protection.
(5) the holders with any title that apply the measures referred to in paragraph 1. 4 shall be exempt from tax; private holders will be compensated in relation to the value of the work of restoration carried out.
(6) the introduction into the territory of the country, except as required by applicable law, cultures of micro-organisms, plants and animals live wild fauna and flora, without the consent of the central public authority issued for environmental protection in consultation with the Romanian Academy, and, where appropriate, to the central authority for health, is prohibited.
(7) the activities harvesting, catching and/or acquisition and internal market trading of plants and animals of the wild flora and fauna, terrestrial and aquatic, or parts or products thereof, whether living, semiprelucrata, 3768 times may be organized and take place only by natural or legal persons authorized by the territorial public authorities for environmental protection.
(8) for the export of plant and animal species from the wild flora and fauna necessary environmental agreement issued by the central public authority for environment protection.
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Art. 35 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Paragraphs 1 and 2. (5) article. 35 amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Section 1 protection of waters and aquatic ecosystems Article 36 protection of surface and underground waters and of aquatic ecosystems aims at maintaining and improving the quality and productivity of their natural, in order to avoid negative effects on the environment, human health and material goods.
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 the specific legislation in force.
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Art. 37 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 38 compliance with regulations for the protection of waters and aquatic ecosystems is organized and exercised by the environmental authorities, water, health and other authorities, according to legal competence.
Article 39 the authorities for environmental protection, water management, along with shipping authorities, shall monitor and control compliance with legal provisions and apply the measures concerning the protection of waters as a result of activities navigability, in compliance with the relevant international conventions to which Romania is a party.
Article 40 individuals and businesses have the following obligations: a) to execute all works of restoration of natural resources, to ensure the migration of aquatic wildlife and improve water quality with the term of the agreement, namely the environmental authorization, and monitor the impact zone;
b) to provide, in the case of possession of ships, floating platforms or marine drilling, with storage facilities or waste treatment plants, wastewater treatment plants and their connections to the shore or floating installations;
c) to fit out ports with facilities for the collection, processing, recycling or neutralization of waste petroleum, household or otherwise stored on ships, boats and sea, and to constitute teams of intervention in the event of accidental pollution of waters and coastal areas;
d) not to evacuate waste water in ships or floating platform directly into natural waters and not blow up on them whatsoever.
e) not wash items, products, packaging, materials that can cause surface waters impurification;
f) not discharge into surface waters or groundwater wastewaters, fecaloid, petroleum or hazardous substances, water containing toxic containing dangerous substances;
g) not to throw and not store banks, riverbeds and wetlands in waste of any kind and not introduce into these explosives, electrical voltage, narcotics or other dangerous substances.
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Art. 40 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
The letters e), f) and (g)) of art. 40 were introduced by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Section 2 of the protection of the atmosphere Article 41 by protecting the atmosphere preventing, limiting damage and improve its quality in order to avoid the manifestation of negative effects on the environment, human health and property.
Article 42 Central Authority for environmental protection promotes regional and global policies, principles and fundamentand specific actions at both national and local levels, on the protection of the atmosphere.
National policy on protection of the atmosphere consisted mainly of the following: a) the introduction of appropriate technologies and techniques for retaining pollutants at source;
b air resource management), for the purpose of reducing emissions of pollutants until the lowest levels and which does not exceed the capacity of regeneration of the atmosphere;
c air resource management) to ensure human health;
d) modernization and improvement of the national system for integrated assessment and management of air quality.
— — — — — — — — — — — — — — — —-the letters c) and (d)) of article 3. 42 were amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 43 the central public authority for environmental protection, in consultation with the other competent central public authorities, draw up the technical rules and regulations governing air quality: a) depending on the factors of pollutants in the atmosphere;
(b) emissions of atmospheric pollutants) for fixed and mobile sources as well as conditions of restriction or prohibition to use, including for substances affecting the ozone layer;
c) fuel quality and oil, as well as the rules concerning the placing on the market and their transport;
d) and threshold rules to limit the noise;
e) air quality surveillance, sampling and analysis procedures, and instruments for testing points and analysis, frequency measurements and others;
f) identification, monitoring and control of economic agents whose activity is generating potential risk and/or atmospheric pollution;
g) rapid notification system in the event of acute pollution of the atmosphere with transfrontiera effects, authorities designated pursuant to the Convention on the transfrontiera effects of industrial accidents.
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Art. 43 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
The introductory part of article 3. 43 was amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 44 the Central Authority for environmental protection shall monitor and control the application of the legal provisions on the protection of the atmosphere in which the end:) find the emergence of atmospheric pollution episodes, give alert and/or issuing forecasts related to them;
b) has temporary or definitive cessation of the activities generating pollution, to implement emergency measures or for non-compliance program;
c technological measures) require applying restrictions and prohibitions to prevent, limit or eliminate pollutant emissions;
d) sanctions provided by law in case of failure of the measures ordered.
Article 45 the legal owners and holders of land are required to maintain and to extend protection and avenues are curtains, green spaces, parks, hedgerows for improving the ability of regeneration of the atmosphere, noise and wind protection.
Article 46 customs authorities have an obligation to not allow entry/exit from the country of polluting sources that do not follow mobile provisions the competent authorities, in accordance with the law.
Article 47 individuals and businesses have the following obligations: a) to comply with the rules on protection of the atmosphere, by adopting measures appropriate technological restraint and the neutralization of atmospheric pollutants;
b) to equip technological installations, which are sources of pollution, with the measure, to ensure their correct functioning, ensuring qualified staff and to provide, upon request or according to the compliance program, environmental protection authorities, the necessary data;
c) to improve performance in technology to reduce emissions and not put into service facilities through which exceed maximum permitted limits;
d) to ensure, at the request of environmentalists, reduction, modification or termination of the activity generating pollution;
e) ensure special measures and facilities for isolation and sound protection of the sources generating noise and vibration, to verify their efficiency and to put into operation only on those that do not exceed the permissible threshold proofed.
— — — — — — — — — — — — — — — — the introductory part of article 3. 47 amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
The introductory part of article 3. 47 was amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Section 3 of the protection of the soil, subsoil and terrestrial ecosystems Article 48, protection of the soil and subsoil, the terrestrial ecosystems by appropriate management, the conservation, organisation and landscaping, is binding on all holders, no matter what title.
Article 49 the central public authority for environmental protection, in consultation with the other competent central public authorities, establishes: a) monitoring system of soil quality in order to knowledge of the current state and trends of evolution;
(b) the rules concerning the protection of) quality of the soil, the subsoil, the terrestrial ecosystems and preserving biodiversity;
c) authorisation procedure concerning environmental issues, contained in the landscaping plans, arranging for the preparation of amenajamentelor forestry torenţilor, soil erosion, drilling and prospecting of geological and hydrogeological and mining extraction activities;
d) rules relating to recovery of the natural framework in areas where the soil, subsoil and terrestrial ecosystems have been affected by natural phenomena or activity with negative impact on the environment.
— — — — — — — — — — — — the introductory part of article 3. 49 was amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 49 ^ 1 agreement and authorization for mining activities that use dangerous substances in processing and concentration are issued by the Government on the proposal of the central public authority for environmental protection, for larger production capacity of 5 million tons/year and/or if the surface on which it operates is more than 1,000 hectares.
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Art. 49 ^ 1 has been introduced by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 50 of the Central Authorities for agriculture and forestry have the following obligations: a) to develop regulations on farming systems, technologies of plant culture and breeding, grazing, forest regeneration, harvesting, collection and transportation of wood and soil quality guidelines, in order to maintain and improve them, eliminating negative consequences on the aquatic and terrestrial ecosystems and ensure preservation of specific functions biodiversity, and natural habitats, and to communicate to the central public authority for environmental protection;
(b) keep track of land) was rendered unsuitable for agricultural production and to provide, at the request of holders, specialized technical assistance to improve or change of use;
c) to direct and control the technical specialist for reclamation works and agropedoameliorative;
d) to advise and provide technical assistance, at the request of growers ' land, on the most appropriate management techniques and technologies and improving the soil.
(e) harmonize existing regulations) to forestry, hunting, fisheries and grassland, protecting natural heritage of the national network of protected natural areas.
— — — — — — — — — — — — — —-a) of article 1. 50 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
The letter s) art. 50 was introduced by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 51 control of compliance with legal regulations on the protection and conservation, improvement and the judicious use of the soil, subsoil and terrestrial ecosystems is organized and exercised by the authorities for the protection of the environment and, where appropriate, other competent government 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 who carries out an activity on land without having title to have the following obligations: a) to prevent, on the basis of regulations in this area, the deterioration of the quality of the soil;
b) ensure at the location, design, construction and commissioning of the objectives of any kind, as to land use change, the conditions laid down in the agreement and authorization;
c) not burn miristile, the Reed vegetation, shrubbery or grasses without the consent of the competent authority for environmental protection and without informing in advance of Community public services for emergency situations;
d) ensure sanitation measures are unoccupied land productively or functional, especially those located along the paths of communication road, rail and waterways.
— — — — — — — — — — — — — — — — c) of art. 52 amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
The letter d) art. 52 was introduced by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
And (c) the introductory part of article 4.) 52 were modified by law nr. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 53 the holders, on any basis, and forest managers, forest vegetation outside forestry and grasslands have the following obligations: a) to maintain the surface vegetation of forest, forested outside of the forest fund, including jnepenisurilor, tufisurilor and existing grassland being forbidden to reduce them, except as required by law;
b) to exploit the timber only within the limits established by the possibility of forest forest management plan and approved by law;
c) to ensure the rules of operating transport of forestry and wood technology, established in accordance with the law, in order to maintain the biodiversity of forests and ecological balance;
d) complies silvic regime for impadurirea surfaces, exploited the central authority for forestry, in agreement with the conditions of sustainable forest use, provided by the central authority for environmental protection;
e) to ensure special arrangements for forests with special functions, located on gently sloping land, with processes of erosion, landslide and debris, rocks, the upper limit of the altitude of the forest vegetation, as well as for other forests;
f) comply with the arrangements set for preserving forest woody vegetation on pastures and woodlands fulfilling functions of protection of soil and water resources;
g) to ensure the rational exploitation, organizing and arranging the grasslands, depending on their restoration;
h) to exploit the resources of the forest, hunting and Fisheries Fund, within the limits of regenerative potential, according to the legal provisions;
h ^ 1) to exploit the pajistile within the bonitaţii, the number and species of animals, and during the period specified on the basis of specialized studies and specific provisions;
h ^ 2) to protect forestry heritage, hunting, fisheries and grassland within protected natural areas, under the terms established by management plans and specific regulations.
I appeal to the authorities) to environmental protection about accidents or activities that affect forest ecosystems terrestrial ecosystems or other such.
— — — — — — — — — — — — — — — — the introductory part of article 3. 53 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
The letters h and h ^ 1 ^ 2 of art. 53 were introduced by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
The introductory part of article 3. 53 was amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 54 natural or legal persons who exploit subsoil resources or prospecteaza, have the following obligations: a) to request and obtain agreement and/or authorization of environment law and observe their provisions;
b) to restore the affected lands, to ensure their engagement in the area and bring them to productive and natural environmental parameters or to a new functional ecosystem, to monitor the area, being for this purpose the necessary guarantee fund in accordance with the legal provisions;
c) to notify the environmental protection authorities or competent under the law of any accidental situations that endanger the land ecosystem and to act to restore it.
— — — — — — — — — — — — — — — — — the letters a) and b) of art. 54 were amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
The letter b) art. 54 was amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Section 4 of the regime of protected areas and the monuments of the nature Article 55 Repealed.
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Art. 55 was repealed by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 56 Repealed.
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Art. 56 was repealed by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 57 Repealed.
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Art. 57 was repealed by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 58 Repealed.
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Art. 58 was repealed by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 59 Repealed.
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Art. 59 has been repealed by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 60 Repealed.
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Art. 60 was repealed by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Section 5 protection of human settlements Article 61 in the process of socio-economic development of communities is mandatory observance of the principles and provisions of the present law. To ensure a healthy life environment of local public administration authorities, as well as, where appropriate, legal and natural persons have the following obligations: a) to improve the urban microclimate, adapting and maintaining sources of water and luciilor inside the settlements and in areas adjacent to them, to infrumuseteze and to protect the landscape, to maintain Street cleanness;
b) comply with the provisions of the plans for zoning and planning relating to the location of industrial targets, routes and means of transport, sewerage networks, stations, deposits of household waste, street and industrial and other objectives and activities, without prejudice to the environment, recreation, rest and treatment, sanitation, health and comfort of the population;
(c) to inform the public concerning) the risks arising from the operation or existence of risk objectives for the environment and the health of the population;
d) to observe the regime of special protection of spas, areas of interest and pleasure, of historical monuments, protected areas and nature monuments. Location of targets is prohibited and activities with harmful effects within the perimeter and areas of protection;
e) to adopt appropriate architectural features to optimize the density of housing, as well as the maintenance, upkeep and development of green spaces, parks, trees and alignments of the curtains of the protection amenajamentelor cm landscape with ecological function, aesthetics and recreativa;
f) to regulate, including temporary or permanent ban of access to certain types of motor vehicles or the conduct of activities generating discomfort for the population in certain areas of the settlements with predominantly residential spaces, intended for the treatment, rest, recreation and leisure;
g) to adopt binding measures for all natural and legal persons, with regard to the maintenance and beautification of buildings, courtyards and their surroundings, green spaces and courtyards of the buildings from, decorative trees and shrubs;
h) initiating local development projects of hygienic-sanitary maintenance and sanitation project development.
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Art. 61 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 62 in drawing up plans for zoning and planning shall comply with the provisions of this law and shall provide for mandatory measures to maintain and improve the natural and anthropic landscape Fund of each zone and locality, landscape and ecological restoration of the damaged areas and measures for development of green spaces, the health protection measures of captarilor of drinking water and flood defence works.
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Art. 62 amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 63 local public administration authorities, individuals and legal entities who administer the public domain are required to ensure that the measures and conditions laid down in article 21. 62. land use change as furnished green areas in urban plans laid down is done according to the law.
Article 64
Environmental protection public authorities and local public administration authorities, in collaboration with local public health authorities, participate, according to competences, to public debate concerning urban development programmes and communal household.
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Art. 64 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Duties and responsibilities Chapter 4 section 1 Duties and responsibilities of the authorities for the protection of the environment Article 65 Central Authority for environmental protection has the following duties and responsibilities: to update periodically) environmental strategy, while respecting the principles and strategic elements provided for in this law;
(b) elaborate recommendations and Act) for integrating environmental policies into sectoral policies and strategies, environmental planning correlate with the landscaping and urbanism and ecological reconstruction measures requires;
c) creates its own information system and establish conditions and terms that allow free access to information and public participation in environmental decisions;
d) initiates projects of laws, rules, regulations and procedures technical; give consent to the rules and regulations regarding environmental impact activities developed by other authorities; controlling application thereof;
(e) national system) organise integrated monitoring and impact for all environmental factors, environmental inspection system, coordinate their activities and ensure that they inform the central authority for the monitoring of the results of health radio-active contamination of the environment;
f) administrative institutional framework for identifying and promoting research programmes, training and education of staff qualified for surveillance, analysis, evaluation and control of the environment and certify such personnel;
g) expert committees called, where appropriate, for the analysis of the environmental impact assessment and environmental balance; authorizes environmental quality control laboratories;
h) develops and implements programs; develops educational materials regarding the importance of protecting the environment;
(I) monitor the implementation of the programme and) measures for compliance with the international conventions to which Romania is a party line;
j) pursues the implementation of this law and shall examine and draw up annual reports on the State of the environment, the Government; the reports shall be published;
k) collaborates with organizations and similar authorities in other countries and represents the Government in international relations on environmental protection;
It proposes reductions or Government) tax exemptions, tax, and other tax breaks for owners of dangerous substances which replace the activities in the manufacturing process or investing in technological processes and products that reduce the risk of impact or negative impact on the environment, as well as for those who undertake special measures of protection, preservation and reconstruction, set by the central authority for environmental protection;
m) impose sanctions compliance activities for holders;
n) assist other public authorities and other legal entities, for the purpose of mitigating the negative effects of economic activities on the environment, and encourage the introduction of appropriate technologies and techniques for the environment;
a) makes available to the public on the State of the environment, centralized programs and environmental protection policy;
p) consult periodically with representatives of non-governmental organizations and other representatives of civil society for the establishment of environmental strategy and decision-making in cases which may affect the environment;
r) prepares, in collaboration with the Ministry of finance, application of new financial instruments that promote the protection and improvement of the quality of environmental factors, in accordance with those applied internationally;
s) carries out environmental monitoring through environmental Guard, ecological inspection body with special status;
t) in special circumstances which are based on data obtained from the surveillance of the environment, the central environmental authority has the authorization to declare, with informing the Government, areas of high risk of pollution in certain regions of the country and the obligation to draw up, together with other institutions of Central and local authorities, special programs for the Elimination of the risk occurring in these areas. After the removal of high-risk factors of pollution, based on new data resulting from surveillance of the evolution of the State of the environment, that area is declared reintrata in normalcy;
u) collaborates with public authorities for developing civil protection operational plans and for the execution of the interventions in the event of pollution or ecological accidents;
v) carries out activities of elaboration and implementation of policies, strategies and regulations of environment protection with the support of the National Agency for environmental protection.
— — — — — — — — — — — — — — — — the letters a-e),)),),),) and p.) of art. 65 were amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
The letter u) of article 1(1). 65 was introduced by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
The letter v) of art. 65 was introduced by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 65 ^ 1 organizational structure, number of personnel, functions and competences of the National Agency for environmental protection shall be determined by decision of the Government.
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Art. 65 ^ 1 was introduced by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 66 of the territorial public authorities for environmental protection meet locally the powers and responsibilities of the central public authority for environment protection, referred to in art. 65 lit. b), c), (d)),),),),),),),),),) and u), and draw up reports on activities undertaken during the financial year and the implementation of environmental programmes, which they published in the local press. Within the biosphere reserve > public territorial authority for environmental protection is the biosphere reserve Administration >.
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Art. 66 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 67 For exercising its functions the central authority for environmental protection: request information needed to): ministries, local government authorities, legal entities and physical persons, with reference to the provisions of art. 65 lit. a), b), d), (e)), f), (h)), i, j))), p, r)) t);
b) called inspectors, Chief Inspectors and empowers Commissioners at territorial level, in accordance with the legislation in force.
— — — — — — — — — — — — — — — — b) of art. 67 amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 68 in the exercise of their duties inspectors, Chief Inspectors and Commissioners of environmental Clearance have access, in accordance with the law, anytime and in any premises where the activity generating the negative impact on the environment.
Natural person or legal person injured as a result of the exercise of the powers of inspection may lodge a complaint with the Court, within 15 days from the date of the injury finding.
Compensatiei amount for damages shall be determined by agreement of the parties and, failing agreement between the parties, the Court's competence on the basis of technical expertise.
The objectives of the closed military zones and the staff referred to in paragraph 1. 1 access only in the event of a major environmental accident, in the presence of specialised bodies in the field of defence, public order and national security.
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Art. 68 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Section 2 of the Powers and responsibilities of local and central authorities Article 69 central public administration authorities and local are required: 1. to develop their own programmes of environmental protection and to integrate environmental objectives and requirements into the preparation, elaboration of protection and intervention plans in the event of pollution and ecological accidents and in the adoption of programmes in the field communicating to the competent authority for environmental protection all information required under art. 67 lit. a);
2. preparation and transmission to the authorities competent for the protection of the environment of the information and documentation necessary for obtaining environmental plans and programmes for which environmental assessment is required.
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Art. 69 amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 70 central public administration authorities have the following obligations: a) to develop strategy and policy applicable to your field of activity, in accordance with the principles of this Act;
b) to ensure the integration of environmental policies into specific policies;
c) to elaborate plans and sectoral programmes, with due regard for the provisions of this law;
d) to ensure that their organisational structure in compartments with duties in the field of environmental protection, manned;
e) to develop, with the support of the central public authority for environmental protection, restructuring programmes, in accordance with the strategy for environmental protection and environmental policy, and to assist in coordinating, flying units subordinated to or under their authority, the implementation of these programmes;
f) to elaborate rules and regulations specific to the field of activity on the line of environmental protection and to submit them for endorsement to the central public authority for environmental protection;
g) to highlight the extent to which some provisions are liable to impede any authority to act effectively to protect the environment and also to show the progress made in implementation of this law.
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Art. 70 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 70 ^ 1 central public authority for development and forecast has the following duties and responsibilities: a) develops policies based on the principles of sustainable development, taking into account possible effects on the environment;
b) integrates its own policy measures and actions for the recovery of affected areas and measures for disaster prevention;
c) develops national regional development Plan and other plans and programmes, in accordance with the principles and provisions of the present law.
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Art. 70 ^ 1 was introduced by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 71 the Central Authority for public health has the following duties and responsibilities: organizes and coordinates the activity) to monitor the health status of the population in relation to risk factors in the environment;
b) supervises and controls the quality of drinking water and bathing, as well as food quality;
(c)) shall, in collaboration with the central public authority for environmental protection, regulations concerning quality and environmental hygiene and ensure the monitoring of compliance with them;
d) cooperates with the central public authority for environment protection in the management of environmental quality in relation to the health of the population;
e) collaborates with other ministries with his own health network for exact knowledge of the health status of the population and for compliance with the rules of hygiene of environment of their field of activity;
f) cooperates at central and local level to ensure public access to health information in relation to the environment.
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Art. 71 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 72 the central public authority for national defence shall have the following duties: a) shall draw up rules and specific instructions, in accordance with internal legislation and with the principles of environmental protection, for its areas of activity;
b) supervises observance by the personnel of the Ministry of national defence of environmental rules for the activities of the military zones;
c) controls the actions and impose sanctions for violations of the Ministry of national defence of environmental legislation in the military.
— — — — — — — — — — — — — — — the introductory part of article 3. 72 was amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 73 central public authority for education and research provide: a) the adaptation of educational plans and programmes at all levels, with the aim of understanding the concepts and principles of environmental protection, for awareness, education and training in this field;
b) promotion of education topics and research programmes that respond to the priorities laid down by the central public authority for environmental protection;
(c) elaboration of educational programmes) in order of formation of an environmentally responsible behavior.
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Art. 73 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 73 ^ 1 central public authority for industry and resources has the following duties: (a) develop and apply) at the national level, the strategy of the exploitation of non-renewable natural resources, in accordance with the principles of sustainable development and with the provisions of this law;
b) also contributed to the development and promotion of a legislative framework which ensures the application of the principle of prevention and integrated pollution control for certain industrial installations;
(c) the elaboration of mechanisms) cooperate to boost financial use of best available techniques at integrated facilities subject to authorisation;
d) develops policy in the field of recycling materials.
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Art. 73 ^ 1 was introduced by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 73 ^ 2 central public authority for agriculture, food and forests has the following duties and responsibilities: to ensure the protection and conservation) soils and maintaining the land heritage in accordance with quality standards;
(b) the Act which initiates) approve the annual volume of timber fellings, based on the opinion issued by the environmental authority competent environment after application of the procedure for the assessment of environmental impact.
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Art. 73 ^ 2 was introduced by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 74 Repealed.
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Art. 74 was repealed by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 75 the central public authority for public works, transport and housing has the following duties and responsibilities: to develop plans and programmes) that national policy materialized landscaping and settlements, while respecting the principles of the protection and conservation of the environment established by this law;
b) integrates plans landscaping and urban environmental protection strategy, plans and programs of environmental management;
c) develops and apply programs for developing multimodal transport and combined transport, in compliance with the provisions of this law on environmental impact assessment;
d) ensure, on the basis of rules approved by the central public authority for environmental protection, control of exhaust gases, noise and vibration intensity produced by motor vehicles and for the carriage of goods;
e) shall draw up and develop action plans and programmes relating to improving quality and environmental protection for all modes of transport.
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Art. 75 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 75 1 ^ Interior Ministry shall have the following duties and responsibilities: a) carries out environmental protection by structures that carry out actions of control, guidance and coordination, in order to preserve and maintain the ecological balance in its areas of responsibility;
b) shall draw up rules and specific instructions, in accordance with the principles of this law, for its areas of activity;
c) oversees compliance by staff responsible for the rules of environmental protection for their own activities;
(d) penalties for violations) by staff of the Ministry of the Interior of the environmental legislation in the field of activity;
(e) the public authority representatives) supports environmental protection to exercise control shipments of materials, on the basis of rules approved by the central public authority for environmental protection;
f) leads the prevention, protection and intervention in cases of major accidents and pollution, through the civil protection Headquarters.
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Art. 75 ^ 1 was introduced by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 76 the central public authority for tourism seeks to protect natural heritage, including through measures imposed on establishments which carry out activities in this area, and encourages the application of the principles of ecotourism.
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Art. 76 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 77 local public administration authorities shall have the following duties and responsibilities: supervises the application of the provisions) of urban and regional planning, in consultation with environmental planning;
b) supervises the subordinate's economic agents to prevent accidental disposal of pollutants or uncontrolled storage of waste and develop systems for reusable waste collection;
(c) adopt programmes for development) networks of sewerage, rainwater collection, drinking water supply, for waste water treatment plants of the settlements, and public transportation;
d) services with specialists in urban ecology and environment protection and cooperate to that end with the authorities responsible for environmental protection;
It's an appropriate attitude) communities in relation to the importance of environmental protection.
f) ensure, through public services and businesses responsible for street sanitation measures, maintenance and management of green areas, markets and parks.
— — — — — — — — — — — — — — — — — — the letter f) of art. 77 was introduced by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 78 of the Customs authorities in meeting the tasks delegated to them by this law.
Article 79 police and financial Guard are required to assist, upon request, the representatives of the environmental protection authorities in the performance of their duties.
Section 3 obligations of natural and legal persons Article 80 environmental protection constitutes an obligation of all natural and legal persons, in which purpose: to apply for and obtain the opinion), consent and/or authorisation of environment under the provisions of this law;
the ^ 1) full compliance with the agreement on the environment and/or authorization;
a ^ 2) carries out the environmental obligations laid down in the notice periods for privatizations;
b) assist individuals empowered with inspection activities by putting them available record of the measurements and all other relevant documents, and facilitate control of the activities of which are holders and sampling; ensure access of persons empowered to technological installations generating environmental impacts, the pollution control equipment and installations, as well as in the spaces or in areas potentially generating environmental impact;
b ^ 1) carries out measures imposed previously empowered inspection;
c) obey the order of temporary or definitive cessation of the activity;
d) supports the cost of remedying and removing aftermath produced it, restoring the previous conditions of producing injury;
e) ensure their surveillance systems of technological processes and installations and for analysis and control of pollutants within the incidence of activities and obvious results, in order to prevent and avoid the risk of accidental technological and eliberarilor of pollutants in the environment and report monthly results of environmental supervision to the competent authority for environmental protection;
f) inform the competent authorities and the population, in case of accidental sending-offs of pollutants into the environment or accident hazard;
g) restructures existing activities, and to propose, at the request of authorization of environmental compliance programs, within 6 months after the entry into force of the present law;
(h) adopt appropriate solutions) for environmental projects or activities of the US proposal, as well as the modification of existing ones;
I do not degrade the natural environment) or arranged through uncontrolled storage of waste of any kind.
— — — — — — — — — — — — — — the letters a) and b) of art. 80 were modified by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
B ^ 1) was introduced by the EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
(A) ^ 1 and ^ 2)) of art. 80 were introduced by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 81 (1) liability for damage is objectively without fault. In the case of a plurality of authors, the liability is liable jointly and severally.
(2) holders named in activities areas with high risk of pollution, in accordance with art. 65 lit. t), are obliged to conclude insurance policies for damage.
— — — — — — — — — — — —-. (2) of article 9. 81 has been amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Chapter 5 Penalties Article 82 violation of provisions of this law shall entail liability, administrative or criminal liability, as appropriate.
Article 83 (1) the following provisions Constitute offences, violation of the law: a) the obligation of individuals and legal entities for the delivery of the environmental agreement and authorization, as referred to in art. 8 para. 2, 3, 5 and 7, article 6. 29 lit. a), art. 34 lit. the a and b)), art. 54 lit. the art of) and. 80 lit. a);
b) the obligation to carry out the environmental impact assessment, in accordance with the provisions of art. 8 para. (4);
(c) the balance of the obligation to carry out) the environment, in accordance with the provisions of art. 8 para. 6, art. 10 para. 3 and art. 15 para. 1;
d) obligation of natural and legal persons relating to the dissemination of projects and activities for which you require the agreement or authorization referred to in article 1. 12(3). (3);
e) obligations of natural and legal persons to achieve their own systems for monitoring and reporting referred to in article 1. 11(2). 2, art. 21 lit. b) and d), art. 34 lit. c) and (d)), art. 47 lit. (b)) and art. 80 lit. e);
f) obligations of owners and land owners with any title or no title, referred to in art. 45 and at art. 52 lit. a)-d);
g) obligations of holders with any title, forests, forestry and vegetation you meadows, relating to the exploitation of forest resources, hunting and Fisheries Fund, within the limits of the potential of regeneration, of meadows, within the limits of bonitaţii, as well as the forestry heritage protection, hunting, fisheries and grassland within protected natural areas, referred to in art. 53 lit. a), c), (d)), h) h ^ 1 ^ 2), h) and (i));
h) the obligations of local public administration authorities, as well as of natural and legal persons, as appropriate, pursuant to article 114. 61 lit. g) and art. 63;
I) obligations of local public administration authorities regarding the application of the provisions of the: supervision plans for zoning and planning; surveillance of economic agents to prevent accidental disposal subordinated of pollutants or uncontrolled waste storage and development of reusable waste collection; services with specialists in urban ecology and environmental protection, as referred to in art. 61 lit. a), c), (e) and (f))), art. 63 para. 1 and art. 77 lit. a), b), d) and (f));
j) obligations of Central and local public authorities, referred to in art. 9 para. 2, art. 46, art. 69 (2), art. 70 ^ 1, 71, 72, 73, 73, 73 ^ 1 ^ 2 ^, 75, 75, 76, 1, 78 and 79;
k) the obligation of economic operators in areas with nominees at high risk of pollution, referred to in art. 81 paragraphs 1 and 2. 2;
l) obligations of local public administration authorities regarding compliance with the provisions contained in the urbanism plans regarding the location of the objectives, ways and means of transport, sewerage networks, stations, deposits of household waste, street and industrial and other objectives and activities, without prejudice to the health, environment, recreation, therapy and recreation, health and comfort of the population referred to in article 21. 61 lit. b and h));
m) the obligations of local public administration authorities, as referred to in art. 62;
n) obligations of natural and legal persons to provide correct information and use it for the preparation of environmental impact assessments and environmental balances. 12(3). 6;
a) the obligations of natural and legal persons to ensure comfort and special measures for noise isolation and protection of sources generating noise and vibration as referred to in art. 47 lit. e);
p) obligations of natural and legal persons as referred to in art. 15 para. 3, art. 29 para. and (b). c) and paragraphs 1 and 2. 2, art. 35 para. 2, 3, 4, 6 and 7 and in article 13. 54 lit. b);
q) obligations of natural and legal persons as referred to in art. 40 lit. the-c)) and e) to (g));
r) obligations of natural and legal persons to comply to the provisions of the environmental protection authorities as referred to in art. 47 lit. d), art. 80 lit. b) and b ^ 1);
s) obligations of natural and legal persons from compliance with norms and technological performance, referred to in art. 26 para. 1, art. 34 lit. b) and in article 8. 47 lit. c);
t) obligations concerning natural and legal persons subject to regulations on chemical fertilizers, plant protection products and other chemicals, the use of sources of ionizing radiation, atmospheric protection and rational exploitation of water, natural resources, and special arrangements, as referred to in art. 29 para. and (b). b), d), (f)) and paragraph 3. 2, art. 34 lit. f), art. 47 lit. the art of) and. 53 lit. b);
u) the obligations of natural persons and legal entities regarding the restoration of the natural frame and/or nature conservation, as provided for in art. 53 lit. f) and (g)), art. 54 lit. b) and in article 8. 80 lit. d) and (h)).
(2) the Offences referred to in paragraph 1. 1 shall be imposed as follows: (a)) with fine of 5,000,000 lei la 15,000,000 lei to individuals and from 25,000,000 lei la 75,000,000 lei for legal persons, the white and rosé wines. a)-h);
b) with fine 10,000,000 30,000,000 Lions Lions for individuals and from 50,000,000 lei lei to Legals 150,000,000, the white and rosé wines. I-q));
c) with fine 15,000,000 lei lei 45,000,000 individuals and from 225,000,000 75,000,000 lei lei to Legals, the white and rosé wines. r)-u).
(3) the amount of administrative fines shall be up to the Government's decision.
(4) the Offender may pay, on the spot or within a maximum period of 48 hours from the date of conclusion of the times report, if applicable, from the date of its communication, one half of the minimum fine provided for in the Act, the claim agent making mention of this possibility in the minutes.
(5) fines imposed pursuant to a law, Ordinance or governmental decisions in the field of protection of the environment and waters are made come from the State budget in share 75% 25% difference in returning authority belongs to the claim agent and will be highlighted in the account referred to in article 1. 14. 3, given the regime established in the text of the same paragraph.
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Art. 83 has been modified by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
(A)), f), k)), p) and (q)), para. 1 of art. 83 were modified by law nr. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Paragraphs 1 and 2. (4) and (5) of article 2. 83 were introduced by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 84 the finding of violations and imposition of fines under article 4. 83 are authorized personnel within the Central and territorial authorities for environmental protection, as well as within local public administration authorities, by police officers and staff of the Ministry of national defence, empowered in its areas of activity in accordance with the duties established by law.
This law is supplemented by the provisions of Ordinance No. 2/2001 on the legal regime of irregularities.
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Art. 84 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 85 Constitutes infringement and is punishable with imprisonment from 1 to 3 months, or with fine 50,000,000 lei lei 75,000,000 continuing activity after application of the administrative sanctions provided for in art. 83 para. and (b). without the agreement) and/or environmental authorisation provided for in article 4. 80 lit. the following Constitute offences). facts, whether they were likely to endanger the life or health of human, animal or vegetal: a) grubbing outside of woody vegetation of the forest fund, located on land with very large slopes or at the upper limit of elevation of the forest vegetation, in contravention of the provisions of art. 53 lit. e);
b) accidental pollution challenge due to new nesupravegherii execution, technological installations, officials and equipment for treatment and neutralisation, mentioned in the agreement and/or the environmental authorization, in violation of the provisions of article 7. 80 lit. e);
c) pollution through the discharge of challenge, with science, in water, in the atmosphere or on the ground of some hazardous substances or waste, with failure to comply with the provisions of art. 80 lit. I);
(d) failure to observe the restrictions or restrictions) established for the protection of water and the atmosphere, according to the provisions of art. 40 lit. a)-g) and art. 47 lit. a)-d);
It's dangerous to use bait) and electric means for killing wild animals and fish, for the purpose of marketing or consumption, in contravention of the provisions of art. 29 para. and (b). g) and paragraph 3. 2;
f) producing noises over the limits allowed, if this is put in serious danger to human health, non-compliance with the provisions of art. 47 lit. e);
g) breaking the restrictions and interdictions at the hunting and fishing of protected species or stopped temporarily by the law and in areas with full protection under the provisions of art. 53 lit. h) h ^ 1 h and ^ 2));
h) continuation of activity after suspending environmental agreement or authorization, in violation of the provisions of article 7. 10 para. 2;
nesupravegherea-insuring them) and deposits of waste and dangerous substances, as well as non-compliance with the obligation of depositing chemical fertilizers and plant protection products only and in places protected under art. 29 para. and (b). c) and paragraphs 1 and 2. 2;
j) presentation in the work on the environmental impact assessment of certain conclusions and false information in breach of the provisions of article 7. 12(3). 6;
k) producing and/or importing for the purpose of placing on the market and use of certain dangerous chemical substances and preparations without complying with the provisions of article 7. 21 lit. e) and introduction into the territory of Romania of waste of any kind in order to eliminate and/or recovery thereof, without complying with the provisions of article 7. 23;
l) import and export of certain dangerous chemical substances and preparations that are banned or restricted by article 2. 17 ^ 2;
m) the transport and transit of dangerous chemical substances and preparations without complying with the provisions of article 7. ^ 1 or 17. 23 ^ 1, in the case of hazardous waste;
n) failure to report promptly any major accident, in contravention of the provisions of art. 21 lit. (d)) and art. 80 lit. f);
a production and delivery) use chemical fertilizers and plant protection products, with failure to comply with the provisions of art. 26;
p) failure to observe the restrictions on the use of agricultural land for plant protection products or chemical fertilizers, art.7. 29 para. and (b). d)-f) and paragraph 3. 2;
q challenge due to nesupravegherii) sources of ionizing radiation of the environmental contamination and/or exposure of population to ionizing radiation, report failure to promptly increase over the admitted limits of environmental contamination, failure or improper application of intervention measures in the event of a nuclear accident, in contravention of the provisions of art. 34 lit. (c)));
r) downloading wastewater and waste from vessels or floating platform directly into natural waters or challenge, with science, pollution by tipping or sinking in natural waters, directly or from ships floating platforms of times certain substances or hazardous waste, in violation of the provisions of article 7. 40 lit. d);
s) data hiding or dissemination by public officers of false information about the quality of the environment and human health, in contravention of the provisions of art. 69;
t) continuing its activity after termination of the arrangement, in contravention of the provisions of art. 80 lit. c);
u) measures the total removal of dangerous chemical substances and preparations that have become wastes with instances in which the provisions of article 7. 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 on the introduction and removal from the country of dangerous chemical substances and preparations, based on the rules and regulations of the central public authority for environmental protection and those relating to the international transport of dangerous goods, entry into the country of the cultures of microorganisms, plants and live animals of the wild flora and fauna without authorization issued by the central public authority for environmental protection, in breach of the provisions of article 7. 20 and of art. 35 para. 5. the Offences mentioned in paragraph 1. 2 are punishable as follows: (a)) with imprisonment from 3 months to 1 year or with a fine of MDL to 40,000,000 60,000,000 lei, if the acts committed were likely to endanger the life or health of human, animal or vegetable, for those referred to. a)-d);
b) imprisonment from six months to three years or by a fine of from 50,000,000 lei lei 75,000,000 those referred to. e)-j);
c) by imprisonment from 1 to 5 years for those referred to. k)-t);
d) imprisonment from 2 to 7 years for those referred to. u)-x).
If offences punishable under paragraph 1. 3 (a). c) and (d)) have put in jeopardy the health or bodily integrity of a large number of people have had any consequences. 182 of the penal code or have caused material damage, the importance, the penalty is imprisonment from 3 to 10 years and the prohibition of certain rights, and where the death occurred, one or more person, or extensive damage to national economy, the punishment is imprisonment from 7 to 20 years and the prohibition of certain rights.
The attempt is punishable.
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Art. 85 amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Art. 85 amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Article 86 the finding and investigation of offences shall be made ex officio by the prosecution, in accordance with legal competences.
The discovery, in exercising the functions prescribed by law and authorized personnel within the competent authorities for the protection of the environment, of having committed any of the offences mentioned in article 1. 85 bring immediately to the attention of the competent organ of the prosecution, according to the law of criminal procedure.
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Art. 86 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 87 non-governmental organizations are entitled to legal action for the conservation of the environment, regardless of who has suffered the damage.
Chapter 6 final provisions — — — — — — — — — — — — — — — — — the title head. 6TH amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
For the purposes of article 88 of this law the central public authority for environmental protection is the Ministry of waters and environmental protection.
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Art. 88 was amended by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 89 Repealed.
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Art. 89 was repealed by EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Article 90
Date of entry into force of the present law shall repeal the law. 9/1973 concerning the protection of the environment, published in Official Gazette No. 91 of 23 June 1973, as well as any other provisions contrary to this law.
Annex 1 DEFINITIONS of terms used in this law-environmental agreement-the decision of the competent authority for environmental protection, which entitle the holder to carry out the project project. The environmental agreement is a technical-legal act issued in writing, setting out the conditions for the realization of the project in terms of environmental protection;
-integrated environmental agreement-technical-legal act issued by the competent authority for environmental protection, in accordance with the legal provisions in force, which grant the right to determine the conditions for the realization of a task as early as the design stage, to ensure that the installation meets the requirements of the legislation in force. Approval may be issued for one or more parts of the installation times are situated on the same site installations;
-National Agency for environmental protection-environmental protection authority, specialized body of the central public authority for environmental protection which is organized and operates under the Ministry of waters and environmental protection;
-protected area-area of terrestrial, aquatic and/or underground, with legally established perimeter and having a special regime of protection and conservation, in which there are species of plants and wildlife, landscape and biogeographical, formations, geological, paleontological, organized or otherwise, with ecological, scientific value or of particular cultural;
-atmosphere-air mass that surrounds the terrestrial surface, including the protective layer of ozone;
-authorization-procedural completion of stages with the aim of obtaining consent and/or authorisation;
-authorization of environment-technical-juridical act issued in writing by the competent authorities for the protection of the environment, through the established conditions and/or operating parameters of an existing activities or for the commissioning of a new activity for which was previously issued agreement;
-integrated environmental authorization-technical-legal act issued by the competent authorities, in accordance with the legal provisions in force, which gives the right to exploit, in whole or in part a under certain conditions which ensure that the installation meets the requirements for integrated prevention and control of pollution. The authorization may be issued for one or more installations or parts of installations situated on the same site and are exploited by the same holder;
-authorization for nuclear activity-technical-juridical act by which the competent regulatory authority in the field of nuclear energy provides the holder of the activity to arrange, to design, to purchase, to manufacture, to produce, to build, to transport, to import, to export, to put in place, to possess, to use, to operate, to transfer, to dismantle and dispose of any source of ionizing radiation, nuclear or radioactive waste management facilities;
-the competent authority for environmental protection-the central public authority for environmental protection or, where applicable, the territorial public authorities for environmental protection;
-territorial public authorities for environmental protection agencies for environmental protection and Administration > biosphere reserve;
-environmental permits issued by the competent authority for environmental protection: the opinion of environmental plans and programs-technical-juridical act issued in writing by the competent authority for environmental protection, confirming the integration of environmental aspects in the plan or programme subject to adoption;
the opinion of the environment in order to establish environmental obligations-technical-juridical act issued in writing by the competent authority for environmental protection, whereby environmental obligations are laid down, as the provisions of the compliance program, in order to bind them by the parties in the following situations: the change of the owner of an activity with an impact on the environment and/or modification times of such cessation activities , including the sale of shares, sale of assets, merger, Division, dissolution, concession followed by closure, liquidation according to law. This document is issued for the purpose of environmental knowledge of the parties involved in the transaction and assuming responsibilities relating to environmental protection;
the opinion of environment for plant protection products-technical-juridical act issued in writing by the central public authority for environment protection, required in the procedure for the approval of plant protection products;
-environmental assessment work elaborated by persons or bodies accredited under the law, which contains elements of technical analysis by which the information is obtained on the causes and consequences of cumulative adverse effects, previous, present and anticipated, for the purpose of environmental impacts quantification of herd on premises; If the environmental balance sheet identifies a significant impact, it will be complemented with a study of risk assessment;
-biodiversity-diversity of living organisms derived from terrestrial and aquatic ecosystems, and the ecological complexes of which they are part; includes diversity inside the species, between species and between ecosystems;
-biotechnology-technological application that uses biological systems, living organisms, or derivatives thereof, for conducting product or modification times processes with specific use;
-best available techniques-the stage of development the most advanced and effective activities in the development of a registered and of modes of operation, which demonstrates the possibility of practicing to be the benchmark for setting emission limit values in order to prevent, and where this is not possible, to reduce global emissions and the impact on the environment as a whole;
-damage to environment-altering the physico-chemical and structural components of the natural environment, the reduction of biological diversity or productivity of natural ecosystems and the anthropic environment damage affecting quality of life, caused mainly by water pollution, atmospheric and soil management and over-exploitation of resources, harnessing their blindness, as well as through improper arrangement of the territory;
-waste-any substance or object in the categories set out in specific legislation on waste, which the owner throw it, intends or is obliged to throw it;
-hazardous waste-waste falling under specific legislation, as regards the waste in these types or categories of waste and which have at least one constituent or a property that makes them to be dangerous;
-sustainable development-development that meets the needs of the present without compromising the ability of future generations to meet theirs;
-balance-interrelatiilor of the State Assembly and components of an ecological system, which ensures the maintenance of the structure, functioning and dynamics of the ideal;
-ecosystem-complex dynamic communities of plants, animals and micro-organisms and their environment life meaningless, that interact in a functional unit;
-Ecotourism-travel relatively untouched natural areas, so as not to cause harm to the environment and to contribute directly to the protection and management of their respective areas;
-effluent-discharge in any environment, on point or diffuse emission, including drip jets, injection, inoculation, storage, discharge or vaporization;
delete-any operation carried out on waste, in accordance with the definition laid down in law No. 426/2001 for approval of Emergency Ordinance of Government No. 78/2000 on the arrangements;
-emission-direct or indirect discharges, punctual or diffuse sources of plant substances, vibrations, heat times of noise in the air, water or soil;
-organic label a graphic symbol and/or a short descriptive text applied on the packaging, in a brochure or other information document, which accompanies the product and offering information about at least one and at most three types of environmental impact;
-environmental assessment-environmental report, consultation with the public and the competent authorities involved in the implementation of certain plans and programmes, taking into account of the environmental report and the results of the consultations in decision-making and the provision of information on the decision taken, under the laws in force;
-environmental impact assessment process designed to identify, describe and determine, in the light of each individual case and in accordance with the legislation in force, the direct and indirect effects, synergistic, cumulative, and a side project for human health and the environment; environmental impact assessment is part of the authorisation procedure;
-habitat-the place or type of place where an organism or population naturally exist;
-environmental impact-effects on the environment as a result of anthropogenic activities;
-significant environmental impacts-environmental effects, as determined by applying the important criteria relating to the size, location and characteristics of the project or concerning the characteristics of certain plans and programmes, taking into account the expected quality of environmental factors;
-environmental information-the 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 unit stationary, and technique any activity directly related to standards, technical activities stationary unit on the same site that can produce emissions and effects on the environment;
-medium-range of conditions and natural elements of the Earth: air, water, soil, subsoil, the characteristic aspects of the landscape, atmospheric layers, all organic and inorganic materials, as well as living beings, natural interaction systems, comprising the items listed above, including material and spiritual values, quality of life and the conditions that may influence human health and well-being;
-significant changes-changes in the operation of an installation or in the way of a task that, after the opinion of the competent authority for environmental protection, can have a significant negative impact on humans and the environment;
-environmental monitoring-monitoring, forecasting, and warning of intervention for the assessment of the qualitative characteristics of the dynamics of environmental factors, with the aim of knowing the State of quality and ecological meaning of their evolution and social changes produced by Franco Frattini, followed by appropriate measures;
-nature monument-plant and animal species that are rare or endangered, isolated trees, geological formations and structures of scientific interest or landscaping;
-plans and programmes-plans and programmes, including those co-financed by the European Community, as well as their modifications, which are subject to preparation and/or adoption by public authorities at national, regional or local level or which are prepared by those authorities for adoption through a legislative procedure by Parliament or Government, and which are required by legislative provisions, regulations or administrative provisions;
-pollution-direct or indirect introduction, as a result of man's activities, of substances, vibrations, heat and/or noise into the air, in the water or in the soil, which can harm human health or environmental quality, which may harm the material or goods may cause deterioration or a foreclosure to use privately in your own environment or legitimate purposes;
-pollutant — any solid substance, liquid, gaseous or vapour form times energy (electro-magnetic radiation, heat, noise, ionizanta, or vibrations) which introduced into the environment, its constituents and alter the balance of living organisms and cause damage material goods;
-measurable effect injury-in cost of damages human health, property or the environment, caused by pollutants, harmful activities, ecological accidents or natural phenomena;
-compliance program-action plan comprising the steps that have to be completed within the timeframes specified by the provisions of the authorization of the holder of the environment, under the control of the competent authority for environmental protection, for the purpose of compliance with the rules and regulations relating to environmental protection;
-project-execution of constructions or other facilities furnishings, other times interventions natural frame and landscape including those involving the extraction of mineral resources;
-public one or more natural or legal persons and, in accordance with national legislation or practice, associations, organisations or groups thereof;
-environmental report — part of the documentation of certain plans and programmes, which identify, describe and evaluate the possible effects on the environment of their application and its reasonable alternatives, taking into account the objectives and the geographical area concerned;
natural resources-all natural environment elements that can be used in human activity: non-renewable resources-minerals and fossil fuels, renewable water, air, soil, flora, wildlife, and permanent-solar, wind, geothermal and wave;
-ecological potential risk-the likelihood of adverse effects on the environment, which may be determined on the basis of a risk assessment study;
-environmental management system component of the overall management system that includes organizational structure, planning activities, responsibilities, practices, procedures, processes and resources for developing, applying, analysing, planning and implementing and maintaining the environmental policy;
-study of environmental impact assessment work elaborated by natural or legal persons certified in accordance with the law, to identify the causes and negative effects on the environment of certain projects with significant impact in the process of environmental impact assessment;
-risk assessment study-work elaborated by persons or bodies accredited under the law, which carries out the analysis of probability and gravity of the main components of the environmental impact and the need for measures of prevention, intervention and/or remediation. Study of risk assessment 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;
-dangerous substances-any substance or preparation is classified as dangerous by the legislation in the field of chemical substances and preparations;
-the source of ionizing radiation-natural, physical entity, manufactured or used as part of an activity that may cause exposure to radiation through issuance of ionizing radiation or release of radioactive substances;
-project owner-applicant authorization for a specific project or public authority initiates a project; project holder can be both physical and legal person;
-holder of activity-natural person or the legal person responsible for carrying out an activity, through property rights, concession or other form of legal empowerment over the right to use the site and/or installations subject to authorization procedure;
-sustainable use of natural resources-in a way and a rate that does not lead to the long-term decline, while keeping their potential in accordance with the needs and aspirations of present and future generations;
-Wetlands-swamps stretching of ponds, water, peat bogs, natural or artificial, permanent or temporary, where the water is still flowing, sweet or salty, salmastra, including stretches of water marina whose depth at low tide does not exceed 6 m — — — — — — — — — — — — — — — — — — — — — — Annex 1 of law No. 137 of 29 December 1995 was replaced by notes on the EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
Annex 1 was supplemented with a new second indent, 3rd, by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
The 3rd indent of the annex 1 changes and becomes the second indent has 39 of law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
The 11th indent of annex 1 was amended by law No. 294 of 27 June 2003, published in Official Gazette No. 505 of 14 July 2003.
Annex 2 Repealed.
— — — — — — — — — — — — — — — — — — — the letter j) point 8 of the annex. (II) has been repealed by law No. 453 of 18 July 2001 published in the Official Gazette No. 431 of 1 august 2001.
Annex 4. 2 of law No. 137 of 29 December 1995 has been repealed by article 16. 6 of the EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002.
— — — — — — — — — — — — — — — — — — NOTE: Art. 4 of the EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002 stipulates: "authorisation procedures currently in progress at the date of entry into force of this emergency Ordinance continue according to the legal provisions contained in the law on environmental protection no. 137/1995, republished in the Official Gazette of Romania, part I, no. 70 of 17 February 2000 and in authorisation procedures issued pursuant thereto, until their approval under art. (II) subparagraph (c). (b)) and art. III(c). b). "
Art. 5 of the EMERGENCY ORDINANCE nr. 91 on 20 June 2002, published in Official Gazette No. 465 of 28 June 2002 States: "the Law of environmental protection no. 137/1995 shall be replaced by the following phrases:-territorial agencies for environmental protection, with territorial public authorities for environmental protection;
-owner, with the holder of the project/activity;
-pesticides, plant protection products. ' — — — — — — — — —
