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Law No. 294 Of 27 June 2003 Concerning The Approval Of The Government Emergency Ordinance Nr. 91/2002 Modifying And Completing The Law Of Environmental Protection No. 137/1995

Original Language Title:  LEGE nr. 294 din 27 iunie 2003 privind aprobarea Ordonanţei de urgenţă a Guvernului nr. 91/2002 pentru modificarea şi completarea Legii protecţiei mediului nr. 137/1995

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LEGE no. 294 294 of 27 June 2003 on approval Government Emergency Ordinance no. 91/2002 to amend and supplement Environmental Protection Law no. 137/1995
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 505 505 of 14 July 2003



The Romanian Parliament adopts this law + Article UNIC Approval Government Emergency Ordinance no. 91 91 of 20 June 2002 to amend and supplement Environmental Protection Law no. 137/1995 , with the following changes and additions: 1. In Article I, point 5, letter b ^ 1) of Article 4 shall read as follows: " b ^ 1) making an environmental assessment mandatory prior to the approval of the plans and programmes; ' 2. In Article I, point 9, paragraph 2 of Article 6 shall read as follows: "The central and local public administration authorities shall provide in their own budgets funds for environmental protection programs and collaborate with the territorial authorities for the protection of the environment for their realization." 3. In Article I, point 10, Article 7 shall read as follows: "" Art. 7. -The coordination and control of the environmental protection activity of the central public authority for environmental protection, the territorial public authorities for environmental protection, the National Environmental Protection Agency, as well as institutions empowered by this law for their areas of responsibility. " 4. In Article I, the introductory part of paragraph 11, the title of Chapter I ^ 1 and Articles 7 ^ 1 and 7 ^ 2 shall read as follows: "" 11. After Article 7, Chapter I ^ 1 is inserted with Articles 7 ^ 1 -7 ^ 4 with the following contents: CHAPTER I ^ 1 Environmental assessment for plans and programmes Article 7 ^ 1. -The environmental assessment aims to integrate environmental protection objectives and requirements in the preparation and adoption of plans and programmes that can have significant environmental impacts. Article 7 ^ 2. -The environmental assessment plans and programmes set out in the Annex are covered. Plans and programs in the following areas are subject to environmental assessment: spatial planning and urbanism, land use, agriculture, forestry, fisheries, transport, telecommunications, tourism, energy, industry, including activity extraction of useful mineral substances, waste management, water management. The environmental report, which also includes the result of the environmental assessment for the plans and programs provided in par. 1 1 and 2, shall be annexed to the plan or to the programme submitted for approval at national, regional or local level. The competent authorities shall issue an environmental opinion for the plans and programmes as a result of the environmental assessment and the analysis of the environmental report. The environmental opinion for the plans and programmes shall have the same period of validity as the plan or programme for which it has been issued, if no changes to that plan or programme occur. The environmental assessment procedure, the structure of the environmental report and the conditions for issuing the environmental opinion for plans and programs, including those with transboundary effects, shall be established by Government decision, at the proposal of the public authority central to environmental protection. Approval of plans and programs provided in par. 2, at any hierarchical level, it is subject to the existence of the environmental opinion for that plan or program. " 5. In Article I, paragraph 12, paragraphs 3, 5 and 7 of Article 8 shall read as follows: " The request and obtaining of the environmental agreement are mandatory for public or private investment projects new or amending existing ones, including for decommissioning projects, related to activities with significant environmental impact. ............................................................. The application and obtaining of the environmental permit are mandatory both for the performance of existing activities and at the start of new activities, only for those activities established by order of the head of the central public authority for environmental protection. .............................................................. New and existing installations used in certain categories of industrial activities are subject to the authorisation procedure in order to obtain the integrated environmental agreement/authorisation, taking into account the best available techniques, without training excessive costs according to the specific regulations in force. " 6. In Article I, point 14, paragraph 2 of Article 10 shall read as follows: " The agreement and the environmental authorization shall be suspended for non-compliance with their provisions or programs for compliance, after a prior notice, with a deadline; the suspension shall be maintained until the causes are eliminated, but not more than 6 months. The competent authority for environmental protection shall, after the expiry of the suspension period, dispose of the cancellation of the environmental agreement and authorization, as the case may be, and stop the execution of the project or cease the activity when the conditions established in the summons. The suspension provisions, as well as those of termination of the project or activity shall be enforceable. 7. In Article I, point 15, Article 10 ^ 1 shall read as follows: "" Art. 10 10 ^ 1. -Disputes arising from the issue, review, cancellation or suspension of the opinion, the agreement or the environmental permit shall be settled according to Law of Administrative Litigation no. 29/1990 ,, as amended. " 8. In Article I, paragraph 18, paragraph 2 of Article 13 shall read as follows: " Taxes provided in par. 1 are coming to the Environmental Fund. " 9. In Article I, point 19, in Article 14, paragraph 3 is amended and a new paragraph 4 is inserted, with the following contents: " The amounts collected from the tariffs are used by public authorities for the protection of the environment for the financing of material expenses, including for the establishment of the fund to stimulate staff, the cost of telephone subscriptions, expertise technical, endowments and specific investments. They stand out in a separate account and are managed in extra-budgetary mode. Public authorities for environmental protection constitute a staff incentive fund by using a percentage of 25% obtained from the collection of the tariffs provided in par. 1 1 and by using the amounts provided in art. 83 83 para. 5. The methodology for the use of the incentive fund is approved by Government decision, at the proposal of the central authority for environmental protection. " 10. In Article I, paragraph 20, paragraphs 1 and 2 of Article 15 shall read as follows: "" Art. 15. -Upon modification or termination of activities with environmental impact, as well as the change of the holder of an activity, including through sales of assets, merger, division, concession, dissolution followed by liquidation, liquidation under the law, it is mandatory to carry out the environmental balance by the holder of the activity, in order to establish the obligations and costs regarding the restoration of the environmental quality in the area of impact of the activities On the basis of the environmental review and the proposal for a programme for compliance, submitted by the holder of the activity, the competent authority for environmental protection shall issue the environmental opinion. " 11. In Article I, paragraph 22, Article 16 shall read as follows: "" Art. 16. -The activities concerning the manufacture, placing on the market, use, temporary or definitive storage, internal transport, disposal, handling, and the introduction and removal from the country of dangerous chemicals and preparations are subject to a special regulatory and management regime. '; 12. Article I, point 23 and Article 17 respectively, shall be repealed. 13. In Article I, paragraph 24 shall read as follows: "" 24. After Article 17, Articles 17 ^ 1 and 17 ^ 2 are inserted as follows: < Article 17 ^ 2. -The import and export of dangerous chemical substances and preparations restricted or prohibited for use by certain states or by Romania is carried out in accordance with the provisions of international agreements and conventions to which Romania is part. > > " 14. In Article I, point 26, Article 19 shall read as follows: "" Art. 19. -The central and local public administration authorities, as well as those for environmental protection, are obliged to take measures to prevent and limit the impact of dangerous chemicals and preparations on the health of the population and the environment. " 15. In Article I, paragraph 28, letter a) of Article 21 shall read as follows: " a) to apply the legal regulations on dangerous chemicals and preparations, established according to art. 16 16; ' 16. In Article I, paragraph 34, Article 25 shall read as follows: "" Art. 25. -Local public administration authorities, natural and legal persons who have in their profile waste management activities have duties and obligations in accordance with the provisions of this law and specific ones in the field of management waste. " 17. In Article I, paragraph 45, the introductory part and letters a-c) and f) of Article 34 shall read as follows: "" Art. 34. -Authorised natural and legal persons carrying out nuclear activities shall have the following obligations: a) to assess, directly or through organised forums, the potential risk, to carry out the environmental review for existing activities and to apply for and obtain environmental authorisation; b) to apply the procedures and to provide equipment for new activities, enabling the lowest rational level of doses and risks to be achieved on the population and the environment, and to seek and obtain agreement and environmental authorization; c) to apply, through their own systems, programs for the surveillance of radioactive contamination of the environment, to ensure compliance with the conditions for the disposal of radioactive substances provided for in the authorization and to maintain radioactive doses within the limits admitted; .............................................................. f) to continuously verify the correctness of the assumptions made by the probabilistic assessments regarding the radiological consequences of radioactive releases. " 18. In Article I, paragraph 46, paragraph 5 of Article 35 shall read as follows: " Holders with any title, who apply the measures provided in par. 4 are exempt from tax; private holders will be compensated in relation to the value of the restoration works undertaken. " 19. in Article I, paragraph 48, after point d) of Article 40, the letters e), f) and g) shall be inserted as follows: " e) not to wash objects, products, packaging, materials which may produce surface water impurification; f) not to discharge in surface or groundwater waste water, maids, petroleum substances or dangerous substances, waters containing toxic substances containing dangerous substances; g) not to throw and not store on banks, river beds and waste wetlands of any kind and not to introduce into them explosives, electrical tension, narcotics or other dangerous substances. " 20. In Article I, point 50, the introductory part of Article 43 shall read as follows: "" Art. 43. -The central public authority for environmental protection, in consultation with the other competent central public authorities, shall draw up the technical rules and implementing regulations concerning: " 21. In Article I, paragraph 51, the introductory part of Article 47 shall read as follows: "" Art. 47. -Natural and legal persons have the following obligations in the field: " 22. In Article I, points 51 ^ 1 and 51 ^ 2 are inserted after point 51: "" 51 ^ 1. The introductory part of Article 49 will read as follows: < > 51 51 ^ 2. After Article 49, Article 49 ^ 1 is inserted as follows: < > > " 23. In Article I, paragraph 54 shall read as follows: "" 54. The introductory part and letter c) of Article 52 shall read as follows: < .............................................................. c) not to burn stubble, reed, scrub or grassy vegetation without the acceptance of the competent authority for environmental protection and without prior information of community public services for emergency situations; > > " 24. In Article I, paragraph 56, the introductory part of Article 53 shall read as follows: "" Art. 53. -Holders, with any title, and forest managers, forest vegetation outside the forest fund and grassland have the following obligations: " 25. In Article I, paragraph 58, letter b) of Article 54 shall read as follows: " b) to restore the affected land, to ensure their framing within the landscape of the area and to bring them to the natural productive and ecological parameters or to a new functional ecosystem, to monitor the area, constituting for this purpose the necessary guarantee fund according to legal provisions. " 26. In Article I, the introductory part of paragraph 63 and letter v) which is inserted in Article 65 shall read as follows: "" 63. In Article 65, the introductory part, letters a)-e), g, n)-p) and s) will have the following contents, and after letter t) the letters u) and v) are inserted with the following contents: .............................................................. v) carry out the activities of elaboration and implementation of environmental protection policies, strategies and regulations with the support of the National Environmental Protection Agency. " *) ------------ * *) Emergency Ordinance no. 64/2003 , published in the Official Gazette of Romania, Part I, no. 464 of 29 June 2003, the authority in the field is the Ministry of Agriculture, Forestry, Water and Environment. 27. in Article I, point 63 is inserted after point 63, with the following contents: "" 63 ^ 1. After Article 65, Article 65 ^ 1 is inserted as follows: < > > " 28. Article I, after paragraph 70, insert paragraph 70 ^ 1 with the following contents: "" 70 ^ 1. The introductory part of Article 72 will read as follows: < > > " 29. in Article I, paragraph 78, after letter a) of Article 80, the letters of ^ 1 and ^ 2 are inserted) with the following contents: " a ^ 1) comply with the environmental and/or environmental permit conditions; a ^ 2) realize the environmental obligations at the deadlines set by the privatization notice; " 30. Article I, after point 79, insert point 79 ^ 1 with the following contents: "" 79 ^ 1. Paragraph 2 of Article 81 will read as follows: Holders of nominated activities in areas with high risk of pollution, according to art. 65 lit. t), are obliged to conclude insurance policies for damages. " 31. in Article I, point 80, points a), f), k), o), p) and q) of paragraph 1 of Article 83 shall read as follows: " a) the obligation of natural and legal persons to request the opinion, agreement and environmental authorization referred to in art. 8 8 para. 2 2, 3, 5 and 7, art. 29 lit. a), art. 34 lit. a) and b), art. 54 lit. a) and art. 80 lit. a); .............................................................. f) the obligations of landowners and landowners with any title or without title, referred to in art. 45 and to art. 52 lit. a)-d); .............................................................. k) the obligation of economic agents nominated in areas with high risk of pollution, provided in art. 81 81 para. 2 2; .............................................................. o) the obligations of natural and legal persons to ensure special measures and facilities for the isolation and sound protection of sources of noise and vibration generators, provided in art. 47 lit. e); p) obligations of natural and legal persons, provided in art. 15 15 para. 3 3, art. 29 29 para. 1 lit. c) and para. 2 2, art. 35 35 para. 2, 3, 4, 6 and 7 and in art. 54 lit. b); q) the obligations of natural and legal persons, provided in art. 40 lit. a)-c) and e)-g); " 32. in Article I, point 80, in Article 83, paragraphs 4 and 5 are inserted as follows: " The offender may pay, on the spot or within no more than 48 hours from the date of conclusion of the minutes or, as the case may be, from the date of its communication, half of the minimum of the fine provided for in the normative act, the ascertaining agent making mention about this possibility in the minutes. Fines imposed under a law, ordinance or Government decision in the field of environmental and water protection are made to the state budget in the 75% share, with the 25% difference returning to the authority to which the ascertaining agent belongs and will be highlighted in the account provided in art. 14 14 para. 3, having the arrangements set out in the same paragraph. ' 33. In Article I, paragraph 81, paragraph 2 of Article 84 shall read as follows: " This law complements with the provisions Government Ordinance no. 2/2001 on the legal regime of contraventions, approved with amendments and additions by Law no. 180/2002 ,, as amended. " 34. In Article I, paragraph 82, Article 85 shall read as follows: "" Art. 85. -It constitutes a crime and is punishable by imprisonment from 1 to 3 months or with a fine from 50,000,000 lei to 75,000,000 lei to continue the activity after the application of the contravention sanction provided by art. 83 83 para. 1 lit. a), without obtaining the agreement and/or environmental authorization provided by art. 80 lit. a). It constitutes crimes the following facts, if they were likely to endanger life or human, animal or plant health: a) clearing of wood vegetation outside the forest fund, located on land with very large slopes or at the upper limit of altitude of forest vegetation, in violation of the provisions of art. 53 lit. e); b) the challenge of accidental pollution due to the non-supervision of the execution of new works, the operation of installations, technological and treatment equipment and neutralization, mentioned in the provisions of the environmental agreement and/or authorization, in violation of Art. 80 lit. e); c) the challenge of pollution by evacuating, with science, in water, in the atmosphere or on the ground of hazardous waste or substances, with non-compliance with the provisions of 80 lit. i); d) non-compliance with the restrictions or prohibitions established for the protection of water and the atmosphere, according to the 40 lit. a)-g) and art. 47 lit. a)-d); e) the use of dangerous baits and electrical means for the killing of wild animals and fish, for the purpose of consumption or marketing, in violation of the provisions of art. 29 29 para. 1 lit. g) and para. 2 2; f) the production of noises above the permissible limits, if this is seriously endangered human health, with non-compliance with the provisions of art. 47 lit. e); g) non-compliance with restrictions and prohibitions on game and fishing of protected species or temporarily stopped by law and in areas with full protection regime, according to the provisions of art. 53 lit. h), h ^ 1) and h ^ 2); h) the continuation of the activity after the suspension of the environmental agreement or authorization, in violation of 10 10 para. 2 2; i) unattended and non-provision of landfills and hazardous substances, as well as non-compliance with the obligation to store chemical fertilizers and phytosanitary products only packaged and in protected places, according to art. 29 29 para. 1 lit. c) and para. 2 2; j) presentation in the works on the environmental impact assessment of false conclusions and information, in violation of the provisions of art. 12 12 para. 6 6; k) production and/or import for the purpose of placing on the market and use of dangerous chemicals and preparations without complying with the provisions of art. 21 lit. e) and the introduction on the territory of Romania of waste of any nature in order to eliminate and/or capitalize them, without complying with the provisions of 23 23; l) import and export of dangerous chemicals and preparations prohibited or restricted under art. 17 17 ^ 2; m) transport and transit of dangerous chemicals and preparations without complying with the provisions of art. 17 ^ 1 or the provisions of art. 23 ^ 1 in the case of hazardous waste; n) omission to report promptly about any major accident, in violation of the provisions of art. 21 lit. d) and art. 80 lit. f); o) the production, delivery and use of chemical fertilizers and unauthorized plant protection products, with non-compliance with the provisions of art. 26 26; p) non-compliance with prohibitions in relation to the use on agricultural land of plant protection products or chemical fertilizers, according to the provisions of art. 29 29 para. 1 lit. d)-f) and para. 2 2; q) the challenge due to the unattended of sources of ionizing radiation of environmental contamination and/or exposure of the population to ionizing radiation, the omission to promptly report the increase above the permissible limits of environmental contamination, application improper or failure to take intervention measures in case of nuclear accident, in violation of the provisions of art. 34 lit. c)-e); r) discharge of waste water and waste from ships or floating platforms directly into natural waters or the challenge, with science, of pollution by evacuation or sinking into natural waters, directly or from ships or floating platforms, of some hazardous substances or waste, in violation of art. 40 lit. d); s) concealment of some data or dissemination by public officials of false information in relation to environmental quality and human health, in violation of the provisions of art. 69 69; t) continuation of the activity after the disposition of its termination, in violation of the provisions of 80 lit. c); u) taking measures to eliminate all dangerous chemicals and preparations that have become waste, with non-compliance with the provisions of art. 21 lit. c); v) refusal of intervention in case of accidental pollution of waters and coastal areas, according to the provisions of art. 40 lit. c); x) control, at the introduction and removal from the country of dangerous chemicals and preparations, based on the regulations of the central public authority for the protection of the environment and those concerning the international transport of dangerous goods, the introduction into the country of cultures of micro-organisms, plants and live animals of wild flora and fauna without the agreement issued by the central public authority for environmental protection, in violation of the provisions of 20 20 and art. 35 35 para. 5. The offences referred to in paragraph 2 2 shall be punishable as follows: a) with imprisonment from 3 months to 1 year or with a fine of 40,000,000 lei to 60,000,000 lei, if the acts committed were likely to endanger life or human, animal or plant health, for those provided in lett. a)-d); b) with imprisonment from 6 months to 3 years or with a fine from 50,000,000 lei to 75,000,000 lei, for those provided in lett. e)-j); c) with imprisonment from 1 to 5 years, for those provided in lett. k)-t); d) with imprisonment from 2 to 7 years, for those provided in lett. u)-x). If the crimes punished according to par. 3 lit. c) and d) endangered the health or bodily integrity of a large number of persons, had any of the consequences provided in art. 182 of the Criminal Code or caused an important material damage, the punishment is imprisonment from 3 to 10 years and the prohibition of some rights, and if the death of one or more persons or damage important to the national economy occurred, the sentence is imprisonment from 7 to 20 years and the prohibition of some rights. The attempt is punishable. " 35. in Article II, points d) and e) shall be inserted after point c): " d) the provisions of art. 14 14 para. 4 on the methodology for the use of incentive funds, within 90 days from the date of entry into force of the law approving this emergency ordinance; e) the provisions of art. 65 ^ 1, within 90 days from the date of entry into force of the law approving this emergency ordinance. " 36. In Article III, letter a) shall read as follows: " a) the provisions of art. 8 8 para. 5 5 and 6, within 90 days from the date of entry into force of the law approving this emergency ordinance; " 37. Article III, point d) shall be repealed. 38. In the Annex, after the second indent, a new indent is inserted as follows: "-National Environmental Protection Agency-competent authority for environmental protection, specialized body of the central public authority for environmental protection that is organized and operates under the Ministry of Water and Environmental Protection; " 39. In the Annex, the 3rd indent shall become the 39th indent with the following contents: ""-plans and programmes-plans and programmes, including those co-financed by the European Community, and their amendments, which are subject to the preparation and/or adoption by public authorities at national, regional or local level, or are prepared by these authorities in order to adopt a legislative procedure by the Parliament or the Government and which are imposed by legislative, regulatory or administrative provisions; " 40. In the Annex, the 11th indent shall read as follows: "-territorial public authorities for environmental protection agencies for environmental protection and the Administration of the Biosphere Reserve < > >; ' This law was adopted by the Senate at the meeting of June 5, 2003, in compliance with the provisions of art 74 74 para. (1) of the Romanian Constitution. SENATE PRESIDENT NICOLAE VACAROIU This law was adopted by the Chamber of Deputies at the meeting of June 17, 2003, in compliance with the provisions of 74 74 para. (1) of the Romanian Constitution. p. CHAMBER OF DEPUTIES PRESIDENT, VIOREL HREBENCIUC Bucharest, June 27, 2003. No. 294. --------------