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Law No. 167 Of 14 July 2010

Original Language Title:  LEGE nr. 167 din 14 iulie 2010

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LEGE no. 167 167 of 14 July 2010 on approval Government Emergency Ordinance no. 15/2010 for amendment art. 13 13 para. (2) of Government Emergency Ordinance no. 196/2005 on the Environmental Fund
ISSUER PARLIAMENT
Published in OFFICIAL MONITOR no. 504 504 of 20 July 2010



The Romanian Parliament adopts this law + Article I Approval Government Emergency Ordinance no. 15 15 of 23 February 2010 for amendment art. 13 13 para. (2) of Government Emergency Ordinance no. 196/2005 on the Environmental Fund, published in the Official Gazette of Romania, Part I, no. 192 of 26 March 2010, with the following amendments: 1. The title will read as follows: " EMERGENCY ORDINANCE to amend and supplement Government Emergency Ordinance no. 196/2005 on the Environmental Fund ' 2. The unique article will read as follows: " Unique article.- Government Emergency Ordinance no. 196/2005 on the Environmental Fund, published in the Official Gazette of Romania, Part I, no. 1.193 of 30 December 2005, approved with amendments and additions by Law no. 105/2006 , as amended and supplemented, shall be amended and supplemented as follows: 1. Article 1 is amended and shall read as follows: "" Art. 1. -The Environmental Fund is an economic and financial instrument intended to support and implement projects and programs for environmental protection, in accordance with the legal provisions in force in the field of environmental protection. " 2. Article 3 (2) shall be repealed. 3. In Article 3, paragraph 3 shall be amended and shall read as follows: " (3) The Administration of the Fund shall have the following tasks: a) aims to establish and manage the Environmental Fund; b) draw up the revenue and expenditure budget; c) analyze, select and finance programs and projects for environmental protection, approved in accordance with the provisions of this emergency ordinance; d) follow and control the implementation of projects and programs financed by the Environmental Fund; e) finances works aimed at preventing, removing and/or diminishing the effects produced by dangerous weather phenomena in water management works, according to the provisions of art. 13 13; f) elaborates the funding guidelines related to the categories of projects and programs for environmental protection, financed by the Environmental Fund. " 4. In Article 4, paragraph 1 shall be amended and shall read as follows: "" Art. 4. -(1) The Administration of the Fund is headed by a President with the rank of Secretary of State. " 5. In Article 4, after paragraph (4), two new paragraphs are inserted, paragraphs (4 ^ 1) and (4 ^ 2), with the following contents: " (4 ^ 1) The President of the Fund Administration may delegate his duties to a Vice President, with the rank of Undersecretary of State. (4 ^ 2) The Vice President is appointed, suspended and removed from office, under the law, by decision of the Prime Minister, on the proposal of the head of the central public authority for the protection of the environment and forests. " 6. In Article 4, paragraph 6 is amended and shall read as follows: " (6) The salary of the staff of the Fund Administration shall be made according to the law and collective agreement concluded at the level of the institution 7. In Article 5, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 5. -(1) The endorsement committee shall have the following component: a) 2 representatives from the central public authority for the protection of the environment and forests, empowered by order of the Minister; b) a representative of the National Environmental Protection Agency and a representative of the National Environmental Guard, empowered by decision of the head of the respective institution; c) one representative of the 4 associative structures of the local public administration; d) one representative from the central public authority for finance, central public authority for the economy, central public transport authority, central public authority for regional development, public authority central to health, central public authority for agriculture, central public authority for administration and interior, empowered by order of the relevant minister; e) 2 representatives of the employers ' confederation, designated by it; f) a representative of non-governmental organizations in the field of environmental protection, designated by them g) President of the Fund Administration .............................................................................................. (3) The approval committee shall approve by vote the projects to be financed from the Environmental Fund, among those proposed by the Steering Committee. " 8. In Article 6, paragraphs 1 and 3 shall be amended and shall read as follows: "" Art. 6. -(1) The Steering Committee shall be composed of the Chairman and Vice-Chair of the Administration of the Fund, together with the heads of the .............................................................................................. (. The Steering Committee shall have the following tasks: a) endorses the draft revenue and expenditure budget of the Environmental Fund and the Fund Administration; b) endorses and proposes for approval to the endorsement committee the projects selected to be financed from the Environmental Fund; c) analyse and approve the list of projects rejected by the Commission; d) aims to establish and manage the Environmental Fund; e) approves the annual report on the management of the Environmental Fund, which it makes public, according to the legal provisions; f) endorses the funding guidelines related to each program and project for environmental protection. " 9. Article 7 is amended and shall read as follows: "" Art. 7. -Current and capital expenditures of the Fund Administration shall be provided from the Environmental Fund, within 5% of its revenue. " 10. In Article 9 (1), points a), d), e), f), i) and l) shall be amended and shall read as follows: " a) a contribution of 3% of the proceeds from the sale of ferrous and non-ferrous scrap metal, including the goods intended for dismantling, obtained by the waste generator, and the holder of the goods for dismantling, the person physical or legal. The amounts shall be withheld by stoppage at source by economic operators carrying out collection and/or recovery activities, which have the obligation to turn them to the Environmental Fund; ............................................................................................... d) a contribution of 2 lei/kg, due by economic operators placing on the national market packaging and packaged goods, for the difference between the quantities of packaging waste corresponding to the recovery objectives or incineration in incineration plants with energy recovery and recycling recovery as set out in Annex no. 3 3 and the quantities of packaging waste actually recovered or incinerated in incineration plants with energy recovery and recovered by recycling; e) a contribution of 2% of the value of substances classified by normative acts as dangerous for the environment, introduced on the national market by economic operators; f) a contribution of 2% of the revenues made from the sale of wood mass and/or wood materials obtained by the administrator, respectively the owner of the forest, except for firewood, ornamental trees and shrubs, Christmas, wicker and saplings; ............................................................................................... i) a contribution of 2 lei/kg to the tyre, due by economic operators placing on the national market new and/or used tyres for reuse, for the difference between the quantities of tyres corresponding to the annual management obligations provided in the legislation in force and the quantities actually managed; ................................................................................................ l) the amounts collected from the refund of the financing granted, interest, penalties of any kind, other financial operations carried out from the financial sources of the Environmental Fund; ". 11. In Article 9 (1), after letter o), four new letters, letters p), q), r) and s) shall be inserted, with the following contents: " p) a contribution of 100 lei/ton, due by administrative-territorial units as of 1 July 2010, in case of failure to meet the annual target of 15% decrease in municipal waste quantities and assimilable, collected and sent for storage, payment being made for the difference between the quantity corresponding to the annual reduction target and the quantity corresponding to the objective actually achieved through specific activities of selective collection and recovery; q) ecotaxa, in the amount of 0.1 lei/piece, applied to bags and bags for shopping, with integrated or applied handle, made of materials obtained from non-renewable resources defined according to Government Emergency Ordinance no. 195/2005 on environmental protection, approved with amendments and additions by Law no. 265/2006 , with subsequent amendments and completions, collected from economic operators who place such sales packaging on the national market. The Ecofee shall be distinguished distinctly on the sales documents and its value shall be displayed prominently at the point of sale with a view to informing the final r) pollution tax on motor vehicles; s) a fee of 2 lei/l, applied to oils that are subject Government Decision no. 235/2007 on the management of waste oils, due as from 1 January 2011 by economic operators placing such products on the national market, for the difference between the quantities corresponding to the annual management obligations set out in Annex no. 4 4 and the quantities of used waste oils. ' 12. After Article 9 a new article is inserted, Article 9 ^ 1, with the following contents: "" Art. 9 9 ^ 1. -(1) The Administration of the Fund manages a separate account with the State Treasury, in which it is collected, as of January 1, 2011, from the producers of electrical and electronic equipment, respectively from the collective organizations the amounts representing the guarantee constituted under the provisions Government Decision no. 448/2005 on waste electrical and electronic equipment, with subsequent amendments and completions. ((2) The guarantee shall be retained by the Administration of the Fund in case of non-fulfilment of the obligation to finance the collection, treatment, recovery and non-polluting disposal of electrical and electronic waste at the end of the guarantee period. (3) The guarantee provided in par. (1), its form and the guarantee period shall be declared at the Administration of the Fund by the producers of electrical and electronic equipment, respectively by the collective organizations, until the 25th of the month following the month in which the guarantee according to Government Decision no. 448/2005 , with subsequent amendments and completions. ((. The amounts of the security referred to in paragraph 1. ((1) and left unused after one year from the fulfilment of the guarantee period shall constitute income to the budget of the Environmental Fund. The methodology for the establishment and management of the guarantee provided in par. (1) shall be established by order of the central public authority for the protection of the environment and forests, within 90 days from the entry into force of the law approving this emergency ordinance. " 13. Article 10 (1) shall be repealed. 14. In Article 10, paragraphs 2 and 3 shall be amended and shall read as follows: " (2) Contributions and fees provided in art. 9 9 para. ((1) lit. d), i) and s) shall be paid only in case of failure to meet the objective of recovery of packaging waste, the objective of management of used tires, respectively of the annual waste oils management obligations provided for in the legislation in force, payment being made on the difference between the quantities for the annual targets and the annual obligations and the quantities actually achieved. (3) Economic operators who place on the national market packaged goods, sales packaging, new and/or used tyres for reuse, as well as oils are obliged to declare monthly, until the 25th of the month following the month in which the carried out the activity, the quantities of packaging, of tyres, respectively of oils introduced on the national market and the quantities of waste packaging waste, the quantities of used tyres managed, respectively the quantities of waste oils managed. " 15. Article 10 (4) shall be repealed. 16. In Article 10, after paragraph (4), two new paragraphs are inserted, paragraphs (4 ^ 1) and (4 ^ 2), with the following contents: "" (4 ^ 1) Economic operators referred to in art. 16 16 para. ((2) lit. b) of Government Decision no. 621/2005 on the management of packaging and packaging waste, with subsequent amendments and completions, are obliged to declare quarterly, by the 25th of the month following the reporting quarter, the situation of the contracts concluded and/or terminated with economic operators who place packaged goods and packaging packaging on the national market. (4 ^ 2) Instructions on the obligation of declaration provided in par. (4 ^ 1) shall be established by order of the head of the central public authority for the protection of the environment and forests 17. Article 10 (6) shall be repealed. 18. in Article 10, after paragraph 6, a new paragraph (7) is inserted, with the following contents: " (7) The administration of the annual public fund, on its own website, the register of economic operators registered as contributors to the Environmental Fund, which includes the name of the economic operator and the type of contribution and/or the fee it is recorded. " 19. In Article 11, paragraphs 1 and 2 shall be amended and shall read as follows: "" Art. 11. -(1) The amounts provided for in art. 9 9 para. ((1) lit. a), b), e) and f) shall be declared and paid monthly by the legal and natural persons carrying out the respective activities, until the 25th of the month following the month in which the activity was carried out. (2) The amounts referred to in art. 9 9 para. ((1) lit. c), d), i), j), p) and s) shall be declared and paid annually by the legal entities carrying out those activities, until January 25 of the following year. " 20. In Article 11, after paragraph 2, a new paragraph (2 ^ 1) is inserted, with the following contents: " (2 ^ 1) The amounts referred to in art. 9 9 para. ((1) lit. q) shall be declared and paid quarterly by the legal entities carrying out the respective activities, until the 25th of the month following the quarter in which the activity was carried out. " 21. In Article 11, paragraph 4 shall be amended and shall read as follows: " (4) The model and content of the statements to the Environmental Fund, provided in par. ((1), (2) and (2 ^ 1), as well as in art. 10 10 para. (3), shall be approved by order of the head of the central public authority for the protection of the environment and forests, within 30 days from the date of entry into force of the law approving this emergency ordinance. " 22. In Article 12, paragraphs 2 and 3 shall be amended and shall read as follows: "" (2) Activity regarding the declaration, establishment, verification and collection, including the resolution of appeals concerning contributions and fees to the Environmental Fund due by legal and natural persons, and the fulfilment of the measures insurers and enforcement proceedings are carried out by the Administration of the Fund, under the conditions Government Ordinance no. 92/2003 , republished, with subsequent amendments and completions. The Administration of the Fund is a budget creditor (3) For non-payment at the maturity date by the debtors of the payment obligations provided in art. 9 9 para. ((1) lit. a)-j), p), q) and s) are due interest and late payment penalties, according to Government Ordinance no. 92/2003 , republished, with subsequent amendments and completions. " 23. Article 13 shall be amended and shall read as follows: "" Art. 13. -(1) The Environmental Fund shall be used to finance the following categories of projects and programmes for environmental protection: a) reducing the impact on the atmosphere, water and soil, including air quality monitoring; b) reduction of noise level; c) waste management, including hazardous waste; d) protection of water resources, integrated water supply systems, treatment plants, sewage and treatment plants; e) integrated management of the coastal zone; f) conservation of biodiversity and administration of protected natural areas; g) degraded land afforestation, ecological reconstruction and sustainable forest management; h) education and public awareness of environmental protection; i) increasing the production of energy from renewable sources; j) renaturation of land removed from natural heritage; k) restoration of historical contaminated sites, except those regulated by special laws; l) replacement of asbestos roofs; m) monitoring, studies and research in the field of environmental protection, forests and water on tasks derived from international agreements, European directives or other national or international regulations, as well as research and development in Climate change; n) works for the development of risk maps for river basins or subbasins; o) closing of tailings in the mining sector; p) works aimed at preventing, removing and/or diminishing the effects produced by dangerous weather phenomena in the water management works related to the public domain objectives of the state, as well as for the restoration of some objectives important road and rail infrastructure, severely affected by landslides that can lead to the shuttling of water courses; q) installation of heating systems using renewable energy, including replacement or completion of classical heating systems; r) National program to improve the quality of the environment by making green spaces in localities; s) Program to stimulate the renewal of the National Car Park; t) The program to stimulate the renewal of the National Park of tractors and self-propelled agricultural machinery; u) Program for the realization of cycle paths. (2) The programs and projects in the categories provided in par. (1) are financed from the Environmental Fund through one of the following modalities, approved in the endorsement committee: a) financial support of projects through financing or non-reimbursable co-financing; b) co-financing of projects financed by Community funds and/or other international funds. (3) Financial support is granted from the Environmental Fund for projects proposed by administrative-territorial units, including subdivisions of municipalities, associations of inter-community development, public institutions, institutes of research development, educational establishments and institutions, non-governmental organizations, cults recognized according to the law, associative forms of administration and exploitation of agricultural land or with forest vegetation, economic operators, including forest ocoals, owners ' associations, individuals, authorized individuals, individual businesses and family businesses. (4) The categories of beneficiaries and the financing methodology providing for the analysis, selection, approval, implementation of projects and/or programs for environmental protection provided in par. ((1), except as provided in lett. o) and p), shall be established by the financing guide related to each program or project, which is elaborated by the Administration of the Fund and approved by order of the head of the central public authority for environmental protection and forests. (5) The categories of works and/or projects for environmental protection that can be financed according to the provisions of par. ((1) lit. o) and p), as well as the amounts intended for their financing are approved by Government decision, at the proposal of the central public authority for environmental and forestry protection. (6) For the purchase of works provided in par. ((1) lit. p) and their related services will apply the provisions of the legislation in force on public procurement related to force majeure situations. ((7) The financing of approved projects shall be based on annual or multiannual financing contracts. ((8) The remaining unused amounts at the end of the year shall be carried over to the following year, being used with the same destination. (9) The financing contracts, together with the documents constituting guarantees of the financing, if applicable, constitute enforceable securities, without the need to invest with the enforceable formula. (10) Financing from the Environmental Fund is done in compliance with the state aid legislation, the Fund Administration will cover all procedures, according to national and community legislation in the field. (11) Individual state aid and state aid schemes, both those exempted from the notification obligation and those subject to the notification obligation, shall be established by decisions of the Fund Administration's endorsement Committee. (12) The de minimis aid schemes shall be approved by the President of the Administration of the Fund. " 24. Article 13 ^ 1 shall be repealed. 25. In Article 15, paragraph 2 shall be amended and shall read as follows: "(2) The non-submission of statements on obligations to the Environmental Fund shall constitute contravention and shall be sanctioned with a fine of 2,000 lei to 2,500 lei." 26. In Article 15, after paragraph 2, two new paragraphs are inserted, paragraphs 3 and 4, with the following contents: " (3) Failure to display at the point of sale, in visible place, the value of the ecotaxis, in order to inform the final consumers, constitutes contravention and is sanctioned with a fine of 2,000 lei to 2,500 lei. (4) Failure to submit to the deadline the statements provided in art. 10 10 para. (4 ^ 1) constitutes contravention and is sanctioned with a fine of 2,000 lei to 2,500 lei. " 27. In Article 16, paragraph 1 shall be amended and shall read as follows: "" Art. 16. -(1) The finding of contraventions and the application of sanctions shall be as follows: a) by the specialized staff of the Fund Administration and the National Environmental Guard, through its territorial units, for the contravention provided in art. 15 15 para. ((2) and (4); b) by the authorized personnel of the National Environmental Guard, through its territorial units, for the contravention provided in art. 15 15 para. ((3). ' 28. in Article 16, after paragraph 2, a new paragraph (3) is inserted, with the following contents: "(3) The Administration of the Fund for fiscal inspection on contributions and taxes due to the budget of the Environmental Fund may also participate representatives of the National Environmental Guard." 29. Article 17 is amended and shall read as follows: "" Art. 17. -The methodology for calculating the contributions and taxes provided for in art. 9 9 para. ((1) lit. a)-j), p), q) and s) shall be established by order of the head of the central public authority for the protection of the environment and forests. " 30. Article 19 is amended and shall read as follows: "" Art. 19. -Annexes no. 1-4 are an integral part of this emergency ordinance. " 31. After Annex no. 2 two new annexes are introduced, Annexes no. 3 and 4, with the following contents: "" ANNEX No 3 Minimum recovery or incineration targets in incineration plants with energy recovery and recovery by recycling, global and by type of material packaging, for 2011 and from 2012 onwards Recovery objective by recycling/type of material (%) AnulPaper and cartonPlasticBottMetalLemnGlobal recycling recovery targets * 1) (%) Global targets for recovery or incineration in recovery incineration plants energy * 2) (%) Totaldin which: for PETTotaldin which: for Al. 20116022,542545017155057 20126022,555605021155560 * 1) The minimum percentage by weight of all packaging waste placed on the national market. *. The minimum percentage of the total weight of all the packaging materials contained in the packaging waste placed on the national market. Annex No 4 Phasing out annual waste management obligations Year Obligation * 1) 2011 40% 2012 60% Since 2013 80% * * 1) Procentage of the quantity of oils placed on the national market. "" + Article II The date of entry into force of this Law shall be repealed: a) Government Ordinance no. 25/2008 to amend and supplement Government Emergency Ordinance no. 196/2005 on the Environmental Fund, published in the Official Gazette of Romania, Part I, no. 628 628 of 29 August 2008, except lit. d) a par. ((1) of art. 9 9 of the single article, item 7, which takes effect until 31 December 2010; b) art. 36 36 of Law no. 329/2009 on the reorganization of public authorities and institutions, the rationalisation of public expenditure, the support of the business environment and the observance of framework agreements with the European Commission and the International Monetary Fund, with subsequent additions in the Official Gazette of Romania, Part I, no. 761 761 of 9 November 2009. + Article III (1) The projects and programs for the protection of the environment in the analysis or financing phase at the date of entry into force of this Law, including those for which the project submission session was started, shall be completed on the basis of the provisions legal effect on the date of their initiation. ((2) The programs and projects for environmental protection that are no longer found in the provisions of this law shall be assimilated to a category of existing programs or projects and shall be financed from the sources allocated to it, based on the approval Director. (3) The revenue and expenditure budget of the Environmental Fund and the Administration of the Environmental Fund shall be amended, by Government decision, within 30 days from the date of entry into force of this Law. + Article IV Government Emergency Ordinance no. 196/2005 on the Environmental Fund, published in the Official Gazette of Romania, Part I, no. 1.193 of 30 December 2005, approved with amendments and additions by Law no. 105/2006 , with subsequent amendments and completions, as well as with those brought by this law, will be republished in the Official Gazette of Romania, Part I, giving the texts a new numbering. This law was adopted by the Romanian Parliament, in compliance with the provisions of art. 75 75 and art. 76 76 para. (2) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT ROBERTA ALMA ANASTASE SENATE PRESIDENT MIRCEA-DAN GEOANA Bucharest, July 14, 2010. No. 167. ----